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HEX Agenda 09/25/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA SEPTEMBER 25, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON SEPTEMBER 25, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES— August 14, 2014;August 28, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20140001187 — Petitioner, Wilton Land Company, LLC, requests an insubstantial change to Ordinance No. 07-30, the Hammock Park Commerce Centre Commercial Planned Unit Development, to add deviations to allow one off-premises directional sign with a maximum height of 13 feet and a maximum sign area of 38 square feet for the Hacienda Lakes MPUD/DRI at the southwest corner of the subject property. The subject property is located on the northeast corner of the intersection of Collier Boulevard(C.R. 951) and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. [Kay Deselem, AICP, Principal Planner] B. PETITION NO. PDI-PL20140001292 - Petitioner, WCI Communities, LLC, requests an insubstantial change to Ordinance No. 99-18, the Livingston Lakes Planned Unit Development ("PUD"), to modify the minimum distance between residential principal structures from the greater of 15 feet or one-half of the sum of the heights of adjacent buildings, to instead require a minimum distance of 20 feet between one and two-story structures and a minimum distance of one-half of the sum of the heights of adjacent buildings measured from exterior walls where either structure is 3 stories. The subject property consists of 46.73± acres of land located on the east side of Livingston Road, south of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida[Fred Reischl, AICP, Principal Planner] C. PETITION NO. PDI-PL20140000966 – Petitioner, Cameron Partners, LLC requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay Planned Unit Development, to add a one way emergency medical service access drive from the adjacent CR 951 Extension to Tract 1 of the Cameron Commons Subdivision plat. The PUD consists of 2,562± acres located on the northeast corner of Immokalee Road and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. [Fred Reischl, AICP, Principal Planner] D. PETITION NO. SV-PL20140000256 – UP Development Naples Dicks, LLC requests a variance from the two wall sign limitation for outparcels in LDC 5.06.04.F.2 and the 200 square feet total wall sign size limitation in LDC Section 5.06.04.F.4(a), to allow for three wall signs—one each on the North, East and South facades—measuring 509.5 total square feet, for the proposed Dicks Sporting Goods retail building located on the west side of Naples Boulevard, north of Pine Ridge Road, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Fred Reischl, AICP, Principal Planner] 3. OTHER BUSINESS 4. ADJOURN August 14, 2014 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida August 14,2014 LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko, Managing Assistant County Attorney Ray Bellows,Zoning Manager Page 1 of 10 August 14, 2014 HEX Meeting HEARING EXAMINER STRAIN: Okay, welcome everybody to the August 14th meeting of the Collier County Hearing Examiner. If you'd all please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Okay,there's some housekeeping announcements. The individual speakers are limited to five minutes unless otherwise waived. Decisions are final unless appealed to the Board of County Commissioners. And a decision will be rendered within 30 days. Usually that's a lot quicker. We've been getting most decisions out within a week to 10 days, depending on responses needed by the applicant. Review of the agenda: There's five petitions up today, so we'll work our way through in order. There's no changes to that. Approval of the minutes: There's two sets of minutes that were reviewed: July 10th, 2014 and July 24th,2014. Both of those are approved for recording as submitted. And that takes us to our first advertised public hearing. As we announce each public hearing,if those of you who wish to speak on the matter could please rise when it's announced to be sworn in by the court reporter. And then we'll hear testimony after that point. First petition up is Petition No. PDI-PL20140001133,G.L. Homes of Naples Associates,and it's involving the Terafina Planned Unit Development,also known as Riverstone. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Okay,disclosures. On my part, I spoke with staff, I've reviewed the various file documents, and I have talked to the petitioner this morning just before the meeting. We'll start out with the exhibits. The first exhibit, Exhibit A, will be the staff report that has been supplied for this. I have read the entire report. And the second exhibit will be the legal advertisement. With that in mind,we may have another one as we get into the discussion. At this point I'll open the presentation up to the applicant, if they feel they need to add anything to the record. I have reviewed,like I said,the staff report,so I'll ask you questions specific to that review. But if you want to make any presentation,you're more than welcome. Are there any members of the public here for this item? (No response.) HEARING EXAMINER STRAIN: So it's just us. MR. RATTERREE: For the record,Kevin Ratterree with G.L. Homes of Naples Associates. We're here this morning on behalf of the development. This relates to a modification to the PUD provision to allow standard windows on the zero lot line side. We had permitted and enclosed 26 of these houses at the time an interpretation came out. We're now seeking to allow that as part of the PUD. There's a separate distinct discussion about the issue of opaque windows in future projects. Ray, I don't know if you want to do that now or if you want to do that associated with Parklands. It's your choice. MR. BELLOWS: Let's do it now. MR. RATTERREE: Okay. As part of this process we obtained an interpretation or a determination from the Collier County Zoning Department that our use of standard windows on a zero lot line side was prohibited under the code associated with the provisions of cluster development. As I stated earlier,with Riverstone we had already permitted and closed on a certain number of homes. We had permits that were on file. He were asked, while we went through this process to permit them legally, to notify all potential buyers of those particular units that if this provision was not changed we would have to convert back to glass block. Through that process we started to look at alternative products that would meet the intent of the code relative to no doors or windows on the zero lot line side. And we came across a product,which I have--have sample will travel--this morning. And this is the product. As you can see,you can clearly see my fingers or see the shadow of my fingers when you have it pressed up against the glass. But as you move it away from the Page 2 of 10 August 14, 2014 HEX Meeting glass you can't see anything behind it. For Riverstone obviously we needed to have a standard window because that's what we have sold, that's what the models were built at and that's what the buyers bought from. But for Parklands and for the Temple Citrus project,we wanted to at least come up with what we called a happy medium,which is a non-operable window on the zero side that uses this opaque glass that you couldn't see through rather than glass block. Our marketing and other research is indicating that the glass block is becoming a little bit passe from a development standpoint. People want to go with a more modem-looking product. So we were proposing this. We met with Ray this morning. Ray will certainly tell you his opinion on it and get that on record. But if we could get the interpretation that this effectively meets the intent of the provision that you not have a quote,unquote,window on the zero lot line side,we would then be able to use this product in Parklands and in Temple Citrus;we would not be looking to do a standard window in those two projects. HEARING EXAMINER STRAIN: Okay, Ray? MR. BELLOWS: Correct. For the record,Ray Bellows,Manager with the Zoning Services section. The intent of the code is to prevent zero lot line or type of cluster type developments that have impacts or possible impacts of doors or openings onto the zero side. But the idea of having a nonfunctional glass panel,opaque glass panel,that has the same opacity or same functionality as glass block,that would seem to be--give staff the comfort that the intent of those provisions apply. Whether you agree or not with the definition,the impacts of those same type of dwelling units are the same. And we felt that there could have been a picking and choosing of mitigation of those impacts if we were to call that a window. But the idea that the opaque solid glass panel has the same functionality as glass block,they serve the same purpose,that we would deem that not a window. HEARING EXAMINER STRAIN: Okay,but you're still using under the assumption that the PUD itself is required to because of the cluster development provisions within the Land Development Code. MR.BELLOWS: I think all that would need to be done is to make the distinction between those two. Because they're designed and impact the same way. HEARING EXAMINER STRAIN: The applicant today is not--for this particular project, I know he's referring to another project that's coming up next. But for this particular project they're not restricting the use of the windows to the example provided. They could put any kind of windows up. Which then leads to the question: Why is our code requiring a zero lot line product to be void of windows on a zero lot line when that's not consistent with the standard building code? And I'm just wondering,you said intent. Does anybody know what the original intent was when we put that in the code probably decades-- MR. BELLOWS: That was before I got here,and I've been here 25 years. HEARING EXAMINER STRAIN: Well,and this issue hasn't come up until recently. I know from past history that it hasn't been as restrictive as it seems now to be, because we've got a lot of people coming through the system to change these PUDs. I don't know what it would take, Ray,to get someone to file an OI to settle this once and for all,but I think if that doesn't happen we may want to look at amending the Land Development Code at the next cycle of amendments to correct-- MR. BELLOWS: Yeah, I definitely would be glad to look into it,along with Mike Bosi,our Director,and we can come up with either an LDC amendment or figure out if the 01 is not the best route. HEARING EXAMINER STRAIN: But in lieu of the 01 we could always just amend the code. MR. BELLOWS: Correct. HEARING EXAMINER STRAIN: So that could be a less costly way to do it for the public. MR. BELLOWS: Yes,definitely. HEARING EXAMINER STRAIN: As far as today's meeting goes,the deviation that they're asking for is specifically that cluster development division 402.04.D.1. And the only thing I'd like to suggest to the applicant, if staff concurs, is this particular deviation was written up in a different manner than some of the others that this has been applied for.They actually have a sentence added to the request that says: The proposed deviation is to allow windows but not doors on the zero lot line portion of the dwelling units limited Page 3 of 10 August 14, 2014 HEX Meeting to living areas except for bedrooms and bathrooms. I don't know why we would care if they limited it to just living areas like a living room. And does staff have any opinion on that? MR. BELLOWS: I don't object. HEARING EXAMINER STRAIN: Okay. I would suggest that when the deviation--when the decision is rendered on this we would address that particular sentence. Limiting it to the living rooms isn't really necessary. So I think more of a blanket application would be more appropriate. And we'll pursue the Land Development Code possibly as a change for any future projects you may have. With that, I had no other questions on this particular application. I do know--I think staff and I talked,there is one correction needed on findings number 16. MR. SAWYER: Yes,for the record,Mike Sawyer,Project Manager for the petition. You are correct. On attachment D,which is the original PUD findings from the original PUD approval,number 16 actually references Calusa Island Village instead of the Terafina project. So--or the Terafina PUD. So we would make that correction at this point. HEARING EXAMINER STRAIN: Is there anything you want to add to the record, Mike? MR. SAWYER: No, other than you do have the staff report last revised July 21st,2014. Staff is recommending approval,and we do not see any problem with the more reduced version of the proposed deviation. HEARING EXAMINER STRAIN: Okay,with that I'll ask if there's any member of the public wish to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay,hearing none,we will conclude the hearing on this request for a deviation for Terafina,and a decision will be rendered within 30 days. ***With that we'll move on to Petition No. 2--actually, it's 4.B. Petition No. PDI-PL20140000248, Parklands Associates, LLLP. Parklands Residential Planned Unit Development. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part I've talked with staff, I've reviewed extensive files on this matter and received--we have received one letter of objection and I'll explain that to the applicant as we get into the case. The exhibits so far would be Exhibit A would be the staff report. Exhibit B will be the legal advertisement. And I had asked the applicant for some clarifications to the disclosures for the entities involved in the project. I received that via email through the County Attorney's Office. And I've got a copy here to leave with the court reporter as Exhibit C. And with that,are there any--Kevin, since there is no members of the public here to speak, I have thoroughly reviewed the staff report. The presentation is to the extent you want to make it. MR. RATTERREE: Just for the record,Kevin Ratterree with Parklands Associates I, LLLP. We're in support of the staff recommendation. HEARING EXAMINER STRAIN: Okay. There was--are you aware of the letter of objection? MR. RATTERREE: Yes, sir. That was forwarded to me by the project manager at the zoning department. It pertained to a buyer within the Riverstone community,which is directly south of the Parklands project,concerning that the modification was somehow allowing us to develop in close proximity to their home because we had represented to that purchaser that there was a preserve buffer on the north side. I brought with me a copy of the approved master plan by the Board of County Commissioners. The modifications that are being sought do not in any way, shape or form change the BCC approved master plan. As you'll note,that area directly north of Riverstone continues to be shown as preserve. It's not part of the proposal relative to being able to develop in that area. HEARING EXAMINER STRAIN: And I did pull up the Collier County Tax Appraiser's website, used the measuring device,and it is over 600 feet. And I believe that meets the intent of what the gentleman thought was the issue here today. So with that, I think that his objection has been fully addressed. Staff--I asked staff for a correction of a review date. The County Attorney's review was just as an X. Page 4 of 10 August 14, 2014 HEX Meeting MS. GUNDLACH: It was on July 17th. HEARING EXAMINER STRAIN: Okay,thank you. I also notice that the applicant has agreed to separately plat the landscape buffer easements and lake maintenance easements. Ray,this was an issue that I know we and staff have talked extensively about. And it's something that Planning Commission as well as this office has hoped to see more solidified in the code. When we look at code items,this is another item we may want to consider inserting into the code,where appropriate,and run it through the stakeholder groups and the process that we normally do for land development amendments. MR. BELLOWS: I'll raise it with Caroline. HEARING EXAMINER STRAIN: Thank you. And with that, I don't have any other questions. Does staff have any presentation to make at this time? MS. GUNDLACH: For the record,Nancy Gundlach,Principal Planner with the Department of Planning and Zoning. And staff is recommending approval of this petition. HEARING EXAMINER STRAIN: Okay,with that is there any members of the public wish to speak? (No response.) HEARING EXAMINER STRAIN: Hearing none,we'll close this case and thank you. A decision will be rendered again within 30 days but hopefully a lot less. MR. RATTERREE: Thank you. HEARING EXAMINER STRAIN: ***Next item up is Petition No. VA-PL20140000891,David Burke for the Sorrento Gardens Unit No. 3,Block H,Lot 8. It's for a var--actually two,maybe three variance requests. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part I spoke with staff and extensively reviewed the files and actually went to the Internet and pulled up some references that the applicant had supplied in the staff report. And exhibits for this will be Exhibit A will be the staff report and Exhibit B will be the legal advertisement. Nancy,the various letters of support,did you have those on file--do you have those with you? MS.GUNDLACH: I have them with me. HEARING EXAMINER STRAIN: And there were three letters of support? MS. GUNDLACH: Correct. HEARING EXAMINER STRAIN: Okay. With that,I'll ask the applicant if they'd like to make a presentation or have any comments. Because I certainly have some questions. And I've read the staff report, I've read your entire application, so you don't have to repeat that unless you feel like you do. And there's no members of the public here wishing to speak on your item, so it's strictly up to you at this point. MR. BURKE: Would you like me to just answer your questions? HEARING EXAMINER STRAIN: That would be fine. If you want to approach it that way,that would be great. You supplied a site plan that showed a couple--a rectangle and a square. The rectangle I'm assuming being the pool-- MR. BURKE: Yes, sir. HEARING EXAMINER STRAIN: --and the square being the tiki hut. MR. BURKE: Well, I wasn't sure quite what term to use. It would just be a structure that would be cohesive with the home itself. About 15 by 15. So just a square providing shade. Because when the home was built in'88,there isn't a lanai,there's not a current pool that's there. So I just wanted a place where my family and I could grill out, we could set the table, and when my niece is over she can swim and she can have time in the pool and also in the shade as well. Page 5 of 10 August 14, 2014 HEX Meeting HEARING EXAMINER STRAIN: And it looks like based on your layout you really need three variances: Two for the rear setback, one for the tiki and one for the pool. MR. BURKE: Correct. HEARING EXAMINER STRAIN: And the one for the side setback. MR. BURKE: Correct. HEARING EXAMINER STRAIN: The outline that was there for your tiki hut,being a square 15 feet,that is the outline of the roof? MR. BURKE: Correct. HEARING EXAMINER STRAIN: Okay. So the supporting structures would be underneath it. MR. BURKE: Yes, sir. HEARING EXAMINER STRAIN: In looking at your layout, and I did go on-line,and you had provided a sampling of Rock Cliff Road.Actually there was a house that I saw in your--was that,Nancy,from the applicant? MS. GUNDLACH: Yes, it was. HEARING EXAMINER S TRAIN: Okay. That showed I guess what you thought you wanted to do from a house on Rock Cliff Road in Austin,Texas. MR. BURKE: Right. I was on--there's an application called Houzz,and I had been using that just to get ideas for the backyard. And I also, I did print out--there's another home that's two blocks over from where I live that does have a structure out back. And I'm not looking to really build another house,just a structure that's going to provide shade. HEARING EXAMINER STRAIN: Well,and the reason your application,when you included that,I thought that was interesting, because the visual,even though your picture of it wasn't as clear as the one I've pulled off the--actually, it was a site called Land West,they were apparently the designer or contractor of these particular units. And then I went,figuring they were in Austin and the name of the house was Rock Cliff, I thought there might be a development named that. Turns out it's a road. MR. BURKE: Right. HEARING EXAMINER STRAIN: And the aerials today are so good you can track all the houses and look at their pools. And I looked at the pools and I looked at the houses on Rock Cliff and found at least two that appeared to have the layout that you're seeking. And the difference is,though,and it clearly shows it on the layout,the pool deck looks to be about four feet or more wide. And the distance that the tiki is set back from the pool is comparable to the width of the deck. And your request,you want your tiki separated by 17 feet,which pushes it into the side yard setback. And therein lies the problem. I couldn't find a justification in your application for a 17-foot separation between the tiki and the pool. And I didn't know if you had a reason for that why you needed that much when the actual example you supplied didn't show that. MR. BURKE: Right. What I did was just the diagram of my lot,because I don't have the space that these homes have, I just wanted to maximize my outdoor area so that I didn't have everything pushed together. Because I wanted the area outside to be safe so,you know,you wouldn't come off the tiki hut and have the pool right there. It was more of a safety concern for me. HEARING EXAMINER STRAIN: I understand. And part of that safety concern was your justification for a variance. See, a variance is a little more difficult of a threshold to overcome than say a deviation or something like that. A variance requires proof of hardship. And it can't be one that's self-created. And I've read through the document, it looks like you intend--your parents live there and one or more of them are wheelchair bound? MR. BURKE: My grandfather,yes. HEARING EXAMINER STRAIN: Okay. And I would concur,that's a hardship and justifies the eight-foot separation between the house and the pool. It sure makes it less likely they're going to wander too much and-- MR. BURKE: Yes. Page 6 of 10 August 14, 2014 HEX Meeting HEARING EXAMINER STRAIN: --end up in the water,which would be a terrible thing. Keeping that in mind,though, if you had eight feet or more between the pool and the tiki,you would still have that safe zone that you're trying to justify your rear setback with. So based on that it's hard to find a justification for the side setback. I understand your arguments for the rear,but I have not been able to find a really good cause for the side setback,especially when the tiki is supported by poles or walls. And the roof can overhang up to three feet into the side setback. So even if you moved it in 18 inches and you had a three-foot overhang,you'd still be okay. And you've got more than that to move it in by, because you've got a 17-foot distance between the pool and that. MR. BURKE: I'd be more than happy to do that. What you're saying makes perfect sense. This is my first time doing this, I was a little green. HEARING EXAMINER STRAIN: Well,no, I just-- I'm trying--we try to work with everybody. And if there's a problem,we try to find a compromise. On this particular one because of the variance requirements it makes it real hard to have some flexibility in things like this unless you have a clear way of showing it's a hardship. And I think your rear applications can justify that,but I couldn't see it in your side. And so that would be more than likely the way the decision comes down,but I wanted to make you aware of that concern that I had right from the beginning. MR. BURKE: Thank you. HEARING EXAMINER STRAIN: And let me check and see if there's any other questions on this one. No,that's it. Nancy, do you have anything you wanted to add for staff report? MS. GUNDLACH: Just that we're in agreement with our discussions here this morning and we support the rear yard setback for the tiki hut as well. HEARING EXAMINER STRAIN: Okay,thank you. And with that, if there's no public speakers,then this case will be closed and within 30 days or hopefully a lot less you'll have a decision emailed to you or supplied to you one way or another. MR. BURKE: Thank you very much. HEARING EXAMINER STRAIN: Thank you, sir,appreciate it. ***Next petition up is Petition No. DRD-PL20130002648. The petitioner is Lee County Electric Cooperative and it's for a property on the west side of 951, south of Manatee. All those wishing to testify on this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Okay,my disclosures on this part. I did attend the pre-application with FP&L and I've had many discussions with staff. I have researched the files and the historical documents on this,and I am pleased to see FP&L coming into this process,because they certainly expedited what was going to be an alternative. So with that-- I'm sorry,the applicant. I have read the staff report in detail. If you have anything you'd like to add for the record,please come to the mic. MS. DeJOHN: Thank you. Good morning. Laura DeJohn with Johnson Engineering here today on behalf of the applicant, LCEC. We too have read the staff report. We appreciate staffs analysis and recommendations. We agree with the recommendations. I'm here to address any issues you might have. But I think our narrative and our supporting documents or application give you a full explanation on the request and the situation of the property. HEARING EXAMINER STRAIN: And I did go back through the historical documents you provided,as well as looked some up on my own. I concur with the timing. It certainly looks real well for the code at the time to provide what you are asking for. I do notice that staffs recommendations include that an access easement be recorded after the approval of the site plan with deviations and before the issuance of a right-of-way permit. Do you have any objections to that? MS. DeJOHN: No. One relevant part of this application is the fact that there is no development Page 7 of 10 August 14, 2014 HEX Meeting proposed. The request is simply to allow for the lot split as it would have been allowed at the time of the development of the site. No other development is proposed. So we can definitely fit within the parameters of the condition given. It just is something we've pointed out in correspondence to staff that there would not necessarily be a right-of-way permit sought for this site;therefore,the way the phrasing of the condition is that easement be recorded before right-of-way permitting. We can live with that but we don't expect to do any right-of-way permitting. We will be recording the easement. And if there's some wordsmithing that can be done to that condition to make it more accurate,we support that. But we can also live with it the way it's written. HEARING EXAMINER STRAIN: I appreciate you making us aware of that. John Podczerwinsky is here and maybe he can help us identify if this is the appropriate mechanism to trigger the recordation of that easement. Thank you. MR. PODCZERWINSKY: Good morning,Commissioner--I'm sorry, Examiner. HEARING EXAMINER STRAIN: Anything nowadays,John,works,you know. MR. PODCZERWINSKY: John Podczerwinsky,Transportation Planning,for the record. I agree with Laura,that if they're not going to seek a right-of-way permit that we may not have an appropriate mechanism for that. In this case I sort of want to defer to the County Attorney's Office and find out if maybe they have a more appropriate process that we should follow to stay in line with that stipulation. HEARING EXAMINER STRAIN: Okay. And it might be something as simple as within so many days of the issuance of the decision. Heidi? MS. ASHTON-CICKO: Yeah, I would have it be before Site Development Plan approval. MR. REISCHL: Fred Reischl,Planning/Zoning. There is no site development plan except for the split. So is that-- HEARING EXAMINER STRAIN: Well, I think the site plan with deviations had to happen because of a site--an SDI,or SIP. MR. REISCHL: SIP. HEARING EXAMINER STRAIN: Right. MR. REISCHL: It's just going to be the split basically. HEARING EXAMINER STRAIN: But the SIP isn't approved until this process is over with. So I think what Heidi is saying is they can take as long as they want but they're not going to get the SIP until that access easement is recorded. MR. REISCHL: Okay. HEARING EXAMINER STRAIN: Okay, is that a summary? MS. ASHTON-CICKO: Yeah,you can--that's one way of doing it, if that's acceptable to the applicant. HEARING EXAMINER STRAIN: Laura? MS.JOHNSON: Yeah,just to make sure I understand,so the site plan with deviations would be approved today. HEARING EXAMINER STRAIN: Well, it will be approved within--you'll have a written decision with 30 days, most likely a week to 10 days. MS.JOHNSON: As a result of this hearing,we would get approval--or there would be consideration, a site plan with deviations, and then the SIP would linger until such time that you see a recordation of the access easement. HEARING EXAMINER STRAIN: Right. MS. JOHNSON: Okay. HEARING EXAMINER STRAIN: Yeah,when staff receives the access easement,assuming that they've finished with their final review of the SIP,then as long as nothing else is holding it up it would be issued. MS.JOHNSON: That's agreeable. HEARING EXAMINER STRAIN: Okay, good.That will work for everybody. Fred,do you have any further comments on the staff report format? Page 8 of 10 August 14, 2014 HEX Meeting MR. REISCHL: No,that clears up my question. Thanks. HEARING EXAMINER STRAIN: Okay. The changes then,we would slightly have to change your recommendation to accommodate what we've just talked about. You don't have any problems with those? MR. REISCHL: No. HEARING EXAMINER STRAIN: Okay. Any members of the public wish to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay,with that we will close the hearing on this matter and a decision will be rendered within 30 days. Thank you. ***Next item up is Petition No. PUD-CUD-PL201400000487. It's 3603 Westview LLC. It's for the Westview Plaza PUD. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part I have talked with staff a couple different times. I've done a lot of file research on the PUD as a whole as well as the parcel they're asking for the request on. So with that in mind, Exhibit A will be the staff report and Exhibit B will be the legal advertisement. And if the applicant wishes to make a further recommendation for the record,please come on up. I do have a few questions. I have thoroughly read the staff report, so-- MS.JENKINS: Anita Jenkins with J.R. Evans Engineering,representing the applicant. And Mr. Chairman, I don't have anything to add to our report, but I'm happy to answer questions. HEARING EXAMINER STRAIN: Okay,one item I do want to add is Exhibit C,and it will be one that the County Attorney has already supplied the court reporter with. It's the actual comparable compatible use determination that was not included in the packet. But we've subsequently had it supplied and that will be added to the packet as Exhibit C. And the questions I have,Anita, I had one of your-- I wanted to find out if you had caught that the impervious calculations on this particular project were written into the PUD,they are different than what South Florida Water Management District may necessarily request. And I have found out from our engineering staff you did catch that and your project is consistent with that portion of the PUD. I did notice that in your letter to staff you said a couple things that I'd like some clarification on. It says, one of your sentences read: The existing uses permitted within the PUD already include warehousing, storage,manufacturing and distribution of goods. A storage facility is the same as the existing warehouse and storage facilities that exist within the PUD. Your indoor storage is going to need SIC classification 4225. I didn't see that in the principal uses of the PUD. So how are you indicating that's an already existing use in the PUD? MS.JENKINS: I believe warehousing was different than the storage in the SIC. No? HEARING EXAMINER STRAIN: 4225 is labeled as general warehouse and storage. MS.JENKINS: Okay. HEARING EXAMINER STRAIN: General warehousing and storage is how that's listed. So I know that the other companies there have probably a storage section or place they keep stuff, but it isn't quite the same as a principal use of 4225. That's more an accessory use to what they're already doing. So I think just to be correct,you're really wanting the verification that a comparable compatible use of a 4225 is consistent with the PUD. MS.JENKINS: Correct. HEARING EXAMINER STRAIN: Okay. Make sure I've got all my questions asked. I think I do. I certainly do. Okay, I don't have anything else to add to it, so thank you. And is there any further comments from staff? MR. REISCHL: Fred Reischl, Planning and Zoning. No, I think everything was covered,and I apologize for omitting the zoning verification letter. Page 9 of 10 August 14, 2014 HEX Meeting HEARING EXAMINER STRAIN: Wasn't a problem, I just-- it was easy to not see it, so I figured something was wrong. It worked out fine, Fred, I just wanted to make sure we had it on the record so it becomes part of the staff report that way. So would any members of the public wish to speak on this item? (No response.) HEARING EXAMINER STRAIN: Hearing none,we'll close this petition and a decision will be rendered within 30 days,hopefully a lot less. Thank you. And with that,there is no other business,so this meeting of the Hearing Examiner will be adjourned. Thank you very much. ***************** There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:35 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN,HEARING EXAMINER ATTEST: DWIGHT E. BROCK,CLERK These minutes approved by the Hearing Examiner on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY CHERIE' R.NOTTINGHAM,CSR,COURT REPORTER AND NOTARY PUBLIC Page 10 of 10 August 28, 2014 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida August 28,2014 LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples, Florida,with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko,Managing Assistant County Attorney Ray Bellows,Zoning Manager Page 1 of 5 August 28, 2014 HEX Meeting HEARING EXAMINER STRAIN: Good morning. Welcome everyone to the August 28 meeting of the Collier County Hearing Examiner. Would everyone please rise for the pledge of allegiance. (Pledge of allegiance recited by all.) HEARING EXAMINER STRAIN: Thank you. We have a few housekeeping matters. Individual speakers will be limited to five minutes,unless otherwise waived. All decisions are final unless appealed to the Board of County Commissioners,and a decision will be rendered within 30 days. Review of the agenda. There are no changes. We have one petition today. There are no prior minutes for approval,so we'll move right into our first and only advertised public hearing. It's Petition Number DRD PL20140000619,and it's for the Glenview at Pelican Bay Health Care Center Redevelopment Project. All those wishing to testify on behalf of this item,please rise to be sworn. (All witnesses sworn.) HEARING EXAMINER STRAIN: Disclosures on my part. I have had several different discussions with Bob Mulhere and George Hermanson. I've also met and talked with staff on a couple of instances, and I have reviewed the historic files on Pelican Bay and this particular project. To start out,the Exhibit A will be the staff report that's contained in our packet. I have thoroughly read the whole document. (Exhibit A marked for identification.) HEARING EXAMINER STRAIN: Exhibit B will be the legal advertisement. (Exhibit B marked for identification.) HEARING EXAMINER STRAIN: And,Bob,the fact that we have so many interested citizens here, you'll need to do a presentation. And I do have some clarifications I'll need on the record. Over the weekend I usually redo my first read,and then I meet with the various parties involved prior to today's meeting to sort out any concerns. And then the night before I do another proof. And last night I came up with some issues,Bob,that I had not talked about, so we'll just go over them on the record today after your presentation. MR.MULHERE: Okay. That would be great. HEARING EXAMINER STRAIN: So with that, I'll give it to you. MR.MULHERE: Thank you. For the record, Bob Mulhere here on behalf of the applicant. I work with Hole Montes. With me also from Hole Montes is Wilson Garcia,who is the civil engineer working with George Hermanson,who is on vacation. Also with me,who I may have to rely on to answer some questions,since I may not be able to answer all of the questions, is,Juan Esquivel,Jr,who is the Building Facilities Director,and also Randall Long,who is the executive director of the Glenview,and Jim Bloomquist,who is the consultant that's been working with me on the Glenview project. The rest of the folks here I think are mostly residents of the Glenview. So if they speak,they will introduce themselves. I think it's a pretty simple request here. I have a drawing,a detail--and maybe--Wilson,can you hand this out for me--Heidi, Mark,Ray, staff. How impersonal. Give Mike one,too. This request,the--as you know,the project is located in Pelican Bay. The required setback is 50 percent of the building height for high-rise buildings,with the minimum being 50 feet. And the STP for this project was originally approved way back when I worked for the county in 1989. The setback that's required,the building is 130 feet tall. So therefore the required setback would be 65 feet. The STP shows a 68-foot setback.I'm not sure why at the time. Probably that was the actual setback. So--but the required setback is 65 feet,so this request would be for a--there is actually a couple of additions. I'll hold up this exhibit,and I can turn around and show it to the public,too,but there actually are two additions. You can follow along on the smaller exhibit I handed out,but this one here does not require any kind of deviation. Over here,this two-story exhibit here or addition here would meet the 50-foot required minimum setback, and would exceed the 50 percent of building height requirement. And there is an Page 2 of 5 August 28, 2014 HEX Meeting allowance for a three-foot overhang,and it may overhang a little bit. It may even take advantage of the DLC allowance for an overhang.That is the genesis or the reason,the nexus for this request for deviation. HEARING EXAMINER STRAIN: Just for the record,your handout is a 11 by 17 handout indicating some dimensional standards that are not in the packet. That will be admitted as Exhibit C for the record. (Exhibit C marked for identification.) MR.MULHERE: And,to my knowledge,there has been no written or oral opposition to this request. I really--oh, I think that concludes the presentation. I know you have some questions. Probably better that I just try to respond to your questions. HEARING EXAMINER STRAIN: Fair enough. In your narrative that was supplied in the packet, it's Page 15 of the packet, but it occurs after the Exhibit A to the portion of the PUD,the warranty deed--I'm sorry. MR. MULHERE: I think I got it. Three-page narrative? HEARING EXAMINER STRAIN: Yes. Your second paragraph. MR. MULHERE: Okay. HEARING EXAMINER STRAIN: About the fifth line down it says--what caught my eye is the way it's written. „It is believed that the Glenview was permitted and constructed in accordance with all applicable standards of the Group 4 housing in Pelican Bay.” Do you know of why it's just"believed that",not actually constructed? MR.MULHERE: No. I think that's a poor choice of words. It would be constructed in compliance because it was reviewed, inspected and approved. HEARING EXAMINER STRAIN: I reviewed it against those standards and it seemed to me, I couldn't quite understand why it was worded that way. Also, if you get to the next paragraph-- MR. MULHERE: It sounds like a civil engineer that didn't do the actual inspections, didn't want to commit to it,but-- HEARING EXAMINER STRAIN: I was thinking that. MR.MULHERE: But I'll stand here and take that. HEARING EXAMINER STRAIN: We have had very capable staff go through it again because it came through as a request, so I'm sure it's okay. The third paragraph down,Parenthetical 2? MR. MULHERE: Yes. HEARING EXAMINER STRAIN: Extension of the second floor common area and the expansion of their existing physical therapy facility over the existing south entrance and lobby. And Parenthetical 3 says, It can be protected from a second floor extension. But if you go to the site plan that was provided,and the one you just handed out is another example, it calls it out as an existing one story. So how did--how do we get to two stories?I know the addition is going to be two stories but it looks like it says--it keeps repeating. It says "existing". And I'm not sure if you are trying to tell me that there is the two-story structure there on the site plan that's calling for-- MR. MULHERE: Yes, I see that. HEARING EXAMINER STRAIN: I don't care either way. It's not going to make a difference to the outcome. But I would like a clarification for the record. MR. MULHERE: So the expansion is two-story. HEARING EXAMINER STRAIN: Right. MR. MULHERE: So your question is--the reference here is to an existing one-story skilled nursing center. HEARING EXAMINER STRAIN: Right. MR. MULHERE: So I'm going to ask that question of Linda,or somebody. Randy. HEARING EXAMINER STRAIN: Come on up and use the mic. MR. MULHERE: Is it limited to--is it the skilled nursing facility that has the one story? MR. LONG: The skilled nursing is one story. Underneath the skilled nursing is a parking garage. So Page 3 of 5 August 28, 2014 HEX Meeting technically-- THE COURT REPORTER: Would you identify yourself, please? HEARING EXAMINER STRAIN: We'll need your-- MR. LONG: Okay. Randy Long,Glenview Pelican Bay, Executive Director. So it is a two-story structure but underneath is a garage. HEARING EXAMINER STRAIN: So when this narrative is referring to the two stories, it's really because of the garage? MR. LONG: Correct. HEARING EXAMINER STRAIN: Thank you. MR. MULHERE: Thank you, Randy. HEARING EXAMINER STRAIN: I did check, Bob. The tower on the north side of the project is--well,you're calling that 130 feet, but it's almost 200 or 250 feet across the project until you get to the area that you are improving with the second story that you are requesting by this-- MR. MULHERE: Yes. HEARING EXAMINER STRAIN: --deviation. And then you are 300 feet to the property line. MR. MULHERE: Yes. HEARING EXAMINER STRAIN: Which I don't see any problems in that, being more than adequate. MR.MULHERE: And also we did check,and we do meet the separation between structures as well. We actually exceed it,so there is no issue with that either. HEARING EXAMINER STRAIN: Maybe let me check and make sure I've got all my--oh. The last question I have was basically more of staff. On their exhibit that's attached showing a landscape plan that's labeled L2 on the plan,there is a notation,Mike, in the lower left-hand corner,and it says Total Trees Required. I think it says 20 trees required,24 trees reserved,29 trees provided. Are those inclusive of the addition being added as a result of this deviation request? Do you know,or, Bob, if you know? MR. MULHERE: They are. HEARING EXAMINER STRAIN: They are. Okay.Then,from staffs perspective,how do we monitor and verify that the trees actually get installed? MR. SAWYER: Yes. For the record, Mike Sawyer, Project Manager for the petition. It's done both at--the next stage of approval is going to be approving the DR site plan,which is--we've got that in-house already,on two, I believe. And that landscape plan is exactly the same landscape plan. So the landscape plan that we've got for this portion of the petition is the same one we've got as part of the SDP. Actually, in this case it's an SDP amendment. Staff will review that and make sure it's consistent with what is set here today,and then,subsequent to that,there will be a building permit that also gets submitted and reviewed,principally just for the building components,and then the actual installation will be checked as part of the inspections through our engineering inspection group. HEARING EXAMINER STRAIN: And the mitigation is a required part of the deviation process, which is a process developed in lieu of the variance process. And I wanted to make sure that,even though that's a mature hedge and a mature buffer at this point,that the trees did get counted by somebody and were actually installed according to the mitigation being requested. So I appreciate your verification about that. And, Bob,that's the last question I have. MR. MULHERE: Okay. I don't know if there are any members of the public-- HEARING EXAMINER STRAIN: I'll certainly ask. MR. MULHERE: Thank you. HEARING EXAMINER STRAIN: Do any members of the public wish to speak on this item? Okay. Hearing no other comments, is there a staff report? MR. SAWYER: Again, for the record, Mike Sawyer,project manager. We've got a staff report, last revised August 14th. Staff is recommending approval of the request. Page 4 of 5 August 28, 2014 HEX Meeting And we've not had anything else to add,unless you have questions. HEARING EXAMINER STRAIN: I'm fine. I've asked all of mine. I appreciate the attendance by the public. And, Bob, a decision will be rendered within 30 days. It probably won't take longer than a week. We'll have a written decision on this case, and that will be done. So with that,we'll close this particular case and there is no other business. So this meeting is hereby adjourned. Thank you all for attending. ***************** There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:10 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN, HEARING EXAMINER ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Hearing Examiner on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY ELIZABETH M. BROOKS, RPR, COURT REPORTER Page 5 of 5 AGENDA ITEM 4-A Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: SEPTEMBER 25,2014 SUBJECT: PDI-PL20140001187,HAMMOCK PARK COMMERCE CENTER PUD PROPERTY OWNER/APPLICANT: AGENT: Wilton Land Company LLC Robert J. Mulhere,FAICP 206 Dudley Road Hole Montes,Inc. Wilton,CT 06897 950 Encore Way Naples,FL 34110 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Hammock Park Commerce Center CPUD to approve two deviations to allow one off-premises directional sign with a maximum height of 13 feet and a maximum sign area of 38 square feet for the Hacienda Lakes MPUD/DRI sign at the southwest corner of the subject property. GEOGRAPHIC LOCATION: The subject property, consisting of 20.23+/- acres, is located on the northeast corner of the intersection of Collier Boulevard (C.R. 951) and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF TEXT CHANGES: The applicant's agent has offered the following introductory statements in support of this petition: The Hammock Park Commerce Centre CPUD site was purchased by the developer of Hacienda Lakes PUD/DRI, and this request is to allow an off-premise boundary marker sign for Hacienda Lakes on the subject site. The proposed sign, located in the northeast quadrant of the intersection of Rattlesnake Hammock Extension and CR 951, will be identical to the sign in the southeast quadrant, which had already been approved and constructed. The sign will be located in accordance with required setbacks. The sign PDI-PL20140001187,Hammock Park Commerce Center PUD Page 1 of 5 September 25,2014 Hearing Examiner Last Revised: September 2,2014 1 I _______ 1 1 1 0 14 1 .,I I Ali itenatu t- B , i!itit.l. B zi , i 1 I 1 0 LU - I 4. ti a 0 L__. 1 0 J --,- i ,.......1 ..: 1 1 1 /WW1 1 ....... . ..... ........ — - 1 to•s SUI <. i . \—1---- ---- i i 111 - ; N! Vain --....--. 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'iaaj ... ,...4,,,, . ,....I ,,;. :( /i . ,N .1' V,. ” ' ,,, i . , • / 0 4 .; ,,K. .H , ."...„ .\ 1,..— k(/ ‘..4-• .,0,3‘),,T';`,.: I r— ' ' > Iti,og ''i \4: '-': • 4. .: I.Lii '.,, , . , ..,-...,...... . f-,........;„ s ...... 5 Itt'l I , 1 •- ———— et •-',.. ) t ',1 r". , i_,_. , .., .e. t',,,, ,4,e).. ?, • 4".,,, 4,s: .•• . , ', , „o• . ,4"..--• ..„,,-..,,,i :,,,, i.!.... ._.„.. „.., . • 4mi • .4 , 11 411 . kf, , . , cc, i' . . ..1 &AI" 4 I AWIlli ' IIII ' '7F' 4:f41214'' 1 112 'LI; .iFit i ; 8 a 4 . ,111 t 51 ! 4 4 "..s...d..,,../"/ it.Do a. 0 i.118t •y, ,,, Nik> 01 gi ' Ilh ,' so 1---, ,,./ p41 <0; 1 0 , )*, VtAiI , 1'4 i co. Master Plan. The sign will benefit vehicular traffic and access to the site by helping to clearly identify the entrance to the Hacienda Lakes development from CR 951. The change to the CPUD is necessary in order to allow the offpremise sign. The wall has already been constructed, and will remain, regardless of whether or not the off-premise sign is approved. The request is not a substantial change, as it does not: change the boundary of the PUD; increase the intensity of land uses or building heights; decrease preservation areas; relocate or change land uses; increase traffic generation, change traffic circulation, or impact other public facilities; propose any changes to storm water management systems; propose a modification inconsistent with the Growth Management Plan; nor is it part of a DRI/PUD. ANALYSIS: The petitioner is seeking approval of two deviations from the requirements of the LDC. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: 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 5.06.04.G.2.a to allow the off-premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum of 38 square feet in sign area(total square footage of all sign copy areas, including the name of the project and insignias or mottos),rather than 12 square feet as limited in the LDC. And Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off-premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum height of 13 feet above the lowest center grade of the roadway adjacent to the sign location, rather than 8 feet as limited in the LDC. The Petitioner's Rationale was provided in the Purpose/Description of Text Changes The applicant provided Exhibits entitled"Elevation of Entry Sign Wall and Elevation of Emblem Wall Water Featur"e to showing how the sign will look,and Exhibit A-1 to the PDI action shows the location of the proposed off-premises directional sign within this project as well as the existing sign within the Hacienda Lakes development. POI-PL20140001187, Hammock Park Commerce Center PUD Page 2 of 5 September 25,2014 Heanng Examiner Last Revised: September 2,2014 PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? • No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5)acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? No, the proposed amendment will not increase the size of institutional, commercial, industrial uses since the PUD does not allow those uses. The governing ordinance allows residential and associated accessory uses. No additional uses are being requested. e. Is there a substantial increase in the impacts of the development which may include,but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, as noted above, the proposed change will not create any additional vehicular generated trips. g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed change should not increase stormwater retention, or otherwise increase stormwater discharge. POI-PL20140001187,Hammock Park Commerce Center PUD Page 3 of 5 September 25,2014 Hearing Examiner Last Revised: September 2,2014 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed change should not result in any incompatibility. 1. Are there any modifications to the PUB Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. §380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; The project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provided above, the proposed changes are not deemed to be substantial. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The staff report for the original rezone petition, PUDZ-PL2011.0001519, contained the PUD and Rezoning Findings from LDC Subsection 10.02.13.B.5 and 10.02.08.F, respectively. This amendment does not negatively impact any of those findings. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on September 2,2014. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve PDI-PL20140001187, Hammock Park Commerce Center PUD. PDI-PL20140001187, Hammock Park Commerce Center PUD Page 4 of 5 September 25,2014 Hearing Examiner Last Revised: September 2,2014 PREPARED BY: Ii ?Ifs' KAY I SELL M AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: 8 18 14- RAYM D V. B LLOWS,ZONING MANAGER DATE DEPAR 1 E NT OF PLANNING AND ZONING cP MIKE BOSI,AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING PDI-PL20140001187,Hammock Park Commerce Center PUD Page 5 of September 25,2014 Hearing Examiner Last Revised: August 18,2014 SECTION ONE: AMENDMENT TO THE COVER PAGE OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30,HAMMOCK PARK COMMERCE CENTRE CPUD The Cover Page of the PUD Document attached to Ordinance No. 07-30,Hammock Park Commerce Centre CPUD,is hereby amended to read as follows: PLANNED UNIT DEVELOPMENT DOCUMENT FOR HAMMOCK PARK COMMERCE CENTRE CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED BY: RWA,INC. 6610 WILLOW PARK DRIVE,SUITE 200 NAPT.RS,FLORIDA 34109 AND ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES,FLORIDA 34103 REVISED BY: HOLE MONTES,INC. 950 ENCORE WAY NAPLES,FLORIDA 34110 DATE APPROVED BY BCC: 1-27-2007 ORDINANCE NUMBER:2007-30 REVISED EXHIBIT A Page 1 of 5 Words innistikel are added;words simit-threugh are deletions H:\2014\2014048\WP\PDl\Resubmittal\Hammock Pack Commerce Centre PUT)(PDI-PL-20140001187)(8-7-2014).docx SECTION TWO: AMENDMENT TO THE TABLE OF CONTENTS/LIST OF EXHIBITS PAGE OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD The Table of Contents Page of the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD,is hereby amended to read as follows: HAMMOCK PARK COMMERCE CENTRE CPUD TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership&Description SECTION II Project Development SECTION III Community Commercial District SECTION IV Preserve Area SECTION V General Development Commitments SECTION VI Requested Deviations from the LDC LIST OF EXHIBITS EXHIBIT"A" PUD Master Plan EXHIBIT"A-1" Off-Premises Directional Sign Location Page 2 of 5 WOWS oderlined are added;words are deletions H:\2014120t4O48\WP\PDT\Rcsubmittallllammock Park Commerce Centre PUD(PDI-Pb-201 40001 1 87)(8.7-2O14).docx SECTION THREE: AMENDMENT TO SECTION II,PROJECT DEVELOPMENT,OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30,HAMMOCK PARK COMMERCE CENTRE CPUD Section II, entitled"Project Development,"of the PUD Document attached to Ordinance No. 07-30,Hammock Park Commerce Centre CPUD,is hereby amended to read as follows: SECTION II PROJECT DEVELOPMENT 2.6 SIGNS Signs shall be in accordance with the LDC, as amended, except as provided herein and under Section 6.1, "Sign Deviations." A. One off-premises directional sign for the Hacienda Lakes PUD/DRI shall be permitted in the northeast quadrant of the intersection of C.R. 951 and Rattlesnake Hammock Road,as depicted and labeled per Exhibit A-1. This off-premises sign shall be allowed in addition to other signage allowed by the LDC. The off-premises sign shall contain only the name of the overall project and the insignia or motto ofjhe entire development. B. The off-premises directional sign for the Hacienda Lakes PUD/DRI shall be no greater than 13 feet in height,and total square footage of all sign copy areas(name of the project and insignias or mottos) shall not exceed 38 square feet(see Deviations#1 and#2 under Section 6.1,"Sign Deviations"). Page 3 of 5 Words underlined are added;words etro k-through are deletions H:\2014\20140481WP\PDIUtesubmit*s!\Aammock Park Commerce Centro PUD(PDI.PL-20140001187)(13-7-2014).docx SECTION FOUR: ADDITION OF SECTION VI,REQUESTED DEVIATIONS FROM THE LDC, TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD Section VI, entitled "Requested Deviations from the LDC," is hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, as follows: SECTION VI REQUESTED DEVIATIONS FROM THE LDC 6.I SIGN DEVIATIONS A. Deviation #1 seeks relief from LDC Section 5.06.04.0.2.a to allow the off-premises directional S61 for the Hacienda Lakes PUD/DRI d-+icted on Exhibit A-1 to have a maximum. of 38 square feet in sign area (total square footage of all sign copy areas, including the name of the project and insignias or mottos), rather than 12 square feet as limited in the LDC. B. Deviation #2 seeks relief from LDC Section 5.06.04.6,2.b to allow the of premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum height of 13 feet above the lowest center grade of the ro4dway adjacent to the sign location,rather than 8 feet as limited in the LDC. Page 4 of 5 Words ungletud are added;words etuwk-through are deletions H:120141 2014048tWP\PDliResuimtittalViammock Psrk Commerce Centre PUD(PDI-PL.20140001187)(8-7-2014)docx SECTION FIVE: ADDITION OF EXHIBIT A-1,OFF-PREMISES DIRECTIONAL SIGN LOCATION,TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO, 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD Exhibit A-1, labeled "Off-Premises Directional Sign Location," attached hereto and incorporated herein, is hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD Page 5 of 5 Wants landelingd are added;wade a&eek-thretigh are deletions 11:V014\20140481WP\PDI\I subrnittahHammock Park Commerce Centre PUD(PDI-PL-20 1 4000 1 1 87)(8-7-2014).docx ...................... • ii I i ; • Cabe' Co .- ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (P01) LOC 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 410 APF'LlCAN1 CONTACT;INFORMATION Name of Applicant(s): Wilton Land Company, LLC Address: 206 Dudley Road City: Wilton State: CT ZIP: 06897 Telephone: 239-208-4079 Cell: N/A Fax: 239'334'1399 E-Mail Address: dtorres @coastalconcreteprod.com Name of Agent: Robert J. Mulhere, FAICP Firm: Hole Montes, Inc. Address: 950 Encore Way city: Naples State: FL ZIP: 34110 Telephone: 239-254-2000 Cell: NSA Fax: 239-254-2099 E-Mail Address: bobmulhere @hmeng.com DISCLOSURE OF-,INTEREST INFORMATIOiV Is the applicant the owner of the subject property? n Yes No I I 1. If applicant is a land trust, so indicate and name the beneficiaries below. n 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 6/3/2014 Page 1 of 4 Couier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 CI 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee,attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser,attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) The current owner is Wilton Land Company, LLC Ownership is 99% by George P. Revocable Trust, 1% Carol Bauer Revocable Trust DETAIL OF REQUEST 1 On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC • subsection 10.02.13 E.1. I PROPERTY INFORMATION Hammock Park Commerce Centre 07-30 PUD NAME: ORDINANCE NUMBER: Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes No If yes, in whose name? Has any portion of the PUD been ❑SOLD and/or❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? n Yes ❑ No • If yes, please describe on an attached separate sheet. 6/3/2014 Page 2 of 4 • 0,-,,i.. C al e� + ounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 Pre-Application Meeting and,Final Stibmittal Requirement Checklist for: RUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES OF REQUIRED,REQUIRED Completed Application (download current form from County website) -°0 x r Pre-Application Meeting notes 10 1 x C Project Narrative,including a detailed description of proposed changes 10 and why amendment is necessary Detail of request 10 E r,-- 0 Current Master Plan& 1 Reduced Copy l_...i 0 Revised Master Plan& 1 Reduced Copy 10 El ,° C (-� x Revised Text and any exhibits ❑ ❑ — PUD document with changes crossed through &underlined It_ PUD document as revised with amended Title Page with Ordinance# Warranty Deed z°C Legal Description 1°❑ r H Boundary survey, if boundary of original PUD is amended - El l E if PUD is platted,include plat book pages _ x List identifying Owner&all parties of corporation 2 x Affidavit of Authorization,signed &notarized 2 13 I Completed Addressing Checklist 1 0 Copy of 8 1/2 in.x 11 in.graphic location map of site 1 x Is Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials 3 0 ❑ 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. 0 6/3/2014 Page 3 of 4 1 i s& ntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: —. School District(Residential Components):Amy Bayshore/Gateway Triangle Redevelopment: :-ockheart Executive Director ® Utilities Engineering:Kris VanLengen - Parks and Recreation:Vicky Ahmed _ Emergency Management:Dan Summers Naples Airport Authority:Ted Soliday d Conservancy of SW FL Nichole Ryan ri Other: [l City of Naples:Robin Singer,Planning Director L1 Other: i PUD Amendment Insubstantial(PDI):$1,500.00 El Pre-Application Meeting:$500.00 i 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 le ATTN: Business Center 2800 North Horseshoe Drive . Naples, FL 34104 Applicant/OW'er Signature Date Applicant/Owner Name(please print) WILTON LAND COMPANY, LLC BY; GEORGE P. BAUER REVOCABLE TRUST, ITS MANAGING MEMBER BY: GEORGE P. BAUER, TRUSTEE 4110 Page 4 of 4 6/3/2014 INSTR 4721067 OR 4819 PG 3122 RECORDED 7/24/2012 12:16 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $26,600.00 REC $44.00 CONS $3,800,000.00 410 Prepared by(and return to): Howard S. Miller, Esq. Law Firm of Trenam Kemker 200 Central Avenue,Suite 1600 St. Petersburg, Florida 33701 Parcel Identification Number(s): 00416720000 and 00417760001 SPECIAL WARRANTY DEED aC THIS INDENTURE is made and entered into as of the p73 r day of July, 2012, by and between SEMBLER FAMILY PARTNERSHIP #42, LTD., a Florida limited partnership ("Grantor"), whose mailing address is 5858 Central Avenue, St. Petersburg, FL 33707, and WILTON LAND COMPANY, LLC, a Florida limited liability company ("Grantee"), whose mailing address is 3921 Prospect Avenue, Naples, FL 34104. WITNESSETH, that Granto aka. *at- -# "tl • isrt of the sum of Ten and No/100 Dollars ($10.00) and other goof »lit► ,aluable Coast*- in hand paid, the receipt and sufficiency whereof is hereby a' rte edged, has granted, :arg.fined, sold, alienated, remised, released, conveyed and conf me'r, • • • - • -sents oe hereby grant, bargain, sell, alienate, remise, release, co ve, anica rj -u to ;ntee, nd Grantee's heirs, successors • and assigns forever, the fol owi y `•°• • • ea-' ` "" the County of Collier, State of Florida,to-wit: E" .IBI " 4k-ED "' Xfp AND INCOR"' ,,'TED HEREIN BY^, F=R THERETO, TOGETHER with all th.tt -ments, hereditam- t d appurtenances, and every privilege, right, title, interest and #_ ersion, r- -, •= and easement thereto belonging or in anywise appertaining (collective ' . •_-;.44 SUBJECT TO the encumbrances and exceptions described on Exhibit B attached hereto and incorporated herein by reference thereto (collectively, "Permitted Exceptions"); provided, however, that neither Grantor nor Grantee intend to reimpose any Permitted Exceptions nor shall this conveyance operate to reimpose or extend any Permitted Exceptions. TO HAVE AND TO HOLD the same in fee simple forever. And Grantor does hereby warrant the title to the Property, subject to and except for the Permitted Exceptions, and will defend the same, subject to and except for the Permitted Exceptions, against the lawful claims, of all persons claiming by, through or under Grantor, but against none other. [SIGNATURES CONTAINED ON FOLLOWING PAGE] 6688352v3-121459 Page 1 of 5 11■•••■ OR 4819 PG 3123 0 SIGNATURE PAGE TO SPECIAL WARRANTY DEED BY SEMBLER FAMILY PARTNERSHIP#42, LTD. TO AND IN FAVOR OF WILTON LAND COMPANY, LLC IN WITNESS WHEREOF, Grantor has caused these presents to be signed and sealed the day and year above written. Signed, sealed and delivered in the presence of: 4.......... ..a ,c.-- - SEMBLER FAMILY PARTNERSHIP#42, Witness S gnat I, , LTD., a Florida limited partnership Print Witless Name: a_ --- " L7'7,t4)-1,2e.,.._-. By: Sembler Retail II, Inc., a Florida Witness Signature) j_. corporation,its General Partner Print Witness Name: War--4° '01!.•< C 4011( ,v-' 2 . 14-e----11411610.41111 Z) Amigilifilidk ,-1/43 r. "NW& Or 1 S. 1 v1,1,., f' %.....) its! . r1; c ; 1 2tvi I iffi4 . 0 : 7*eal ii CCI' Ilar tr\ ,.....„ STATE OF FLORIDA LI COUNTY OF PINELLAS 4 ‘84:) ' 1 °I d The foregoing instrument was ....cetee e e met th _ ay of Jul y, 2012, by GrJ Clor\-1 5 oia/Li of Sembler Retail II, Inc., a Florida corporation, as General Partner of Sembler Family Partnership#42, Ltd., a Florida limited partnership, on behalf of said corporation and partnership. He is[select one]: ( rsonally known to me; Of ( ) produced a valid driver's license as Identification. 7/41, 0-k-7-(7-- j--'-5 Notair9 "ublic-(Signature) Pri erne: pt i M Commission Expires: 4et, JANINE IA Skiraf * *MY COMESION t EE1135093 , 11, EXPIRES:AprI130,2016 411 %,,,,,, acodt4Thru&KO War/Swims 6688352v3-121459 Pa ge 2 of 5 OR 4819 PG 3124 • EXHIBIT A Legal Description of Property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Collier,STATE OF Florida,AND IS DESCRIBED AS FOLLOWS: Parcel 1(14): The S i/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14,Township 50 South,Range 26 East,Collier County, Florida,LESS the West 100 feet; AND Parcel 2(15): The N 1/2 of the S 1/2 of the SW 1/4 of the SW 114 of Section 14,Township 50 South,Range 26 East,Collier County, Florida,LESS the West 100 feet; AND The Westerly 80 feet of the 5 1/2 of the SE1/4 of the 1/4-ofs _ ,• :4,Township 50 South,Range 26 East,Collier County,Florida; '1 , • 0 tT Parcel 3(25): ,,*�OF The S 1/2 of the SE 1/4 of the SW 1/4 0 ck ip 50 South,Range 6 Eai Collier County,Florida,LESS the Westerly 80 feet; AND Parcel 4(29): o p • 7 ) The No 30 feet of that certain tract ?lb foil. The N 1/2 of the NW 1/4 of the NW 1/4•it ,:on 23,Township 50 ••■•t• ge' --t,Collier County,Florida,LESS the West 100 feet. / i LESS AND EXCEPT that portion contained In a rF eed to Collier Co •r•In Official Records Book 4336, Page 3681,of the Public Records of Collier Cou • "6••• '` 6688352v3-121459 Page 3 of 5 ............................ OR 4819 PG 3125 • EXHIBIT B Permitted Exceptions 1. Real estate taxes and assessments for the year of 2012 and subsequent years which are not yet due and payable; 2. Zoning, building code and other use restrictions imposed by governmental authority; 3. Any encroachments and other matters and facts as an accurate survey or personal inspection would disclose; 4. Right of Way Agreement in favor of Florida Power& Light Company, recorded in O.R. Book 850, Page 976; as affected by Access Easements recorded in O.R. Book 3050, page 3433, and O.R. Book 3129, page 2252; Right of Way Consent Agreement, a Memorandum of which was recorded in O.R. Book 3857, page 1047, and Right of Way Consent Agreement, a Memorandum of which was recorded in O.R. Book 436 e-t',a-(.as to Parcel 2 (15) and Parcel 1(14)); 5. Right-of-Way Agree - aver of F 9. r& Light Company, recorded in O.R. Book 870, ,Pa 60 -.3; as affected by f-Way Consent Agreement of which a Memor hdu m-re,orded in O.R. ok 3857, Page 1047 (as to Parcel 4 (29)). 6. Perpetual ea m.-- t an ri h o' - 1. . a d egress recorded in O.R. Book 882, Pa a 1 6 (a to rc;-I . ' `)) 7. Easement in f y•f Collier County, " 4rid-< fo d rights-of-way, utilities and drainage recor O.R. Book 981, P.q.3. 4 o Parcel 3(25)). 8. Easement in favo M1 i f f �►• r County, Flo -ofroad rights-of way, utilities and drainage recorded in c4 ci iyold do Page 294(as to Parcel 1 (14)). 9. Easement in favor of Florida `owes & Light Company recorded in O.R. Book 1129, Page 20; as affected by Right-of-Way Consent Agreement of which a Memorandum was recorded in O.R. Book 3857, Page 1047 (as to Parcel 2(15)). 10. Non-exclusive easement for ingress and egress, road right-of-way, utilities and drainage recorded in O.R. Book 1156, Page 927 (as to Parcel 3(25)). 11. Easements for access and utilities as set forth in Order of Taking recorded in O.R. Book 3910, Page 3745 (as to Parcels 1 (14), 2(15) and 4(29)). 12. Developer Agreement recorded in O.R. Book 4202, Page 675 (as to Parcels 1 (14)and 2(15)). 13. Conservation Easement in favor of the South Florida Water Management District recorded in O.R. Book 4351, Page 1191 and Notice of Right of Way Permit recorded in O.R. Book 4439, Page 1831 (as to Parcel 3 (25)). 14. Terms, provisions, conditions, covenants, restrictions and easements contained in Entrance Drive Construction and Easement Agreement recorded in O.R. Book • 4474, Page 1232 (as to all Parcels). 6688352v3-121459 Page 4 of '** OR 4819 PG 3126 *** • 15. Conservation Easement in favor of Collier County recorded in O.R. Book 4496, Page 258 (as to Parcel 2 (15)). 16. Construction of Improvements Cooperation and Easement Agreement recorded in O.R. Book 4524, Page 215 (as to all Parcels), as affected by that certain Amended and Restated Construction of Improvements and Cooperation Agreement recorded simultaneously herewith. 17. Disclosure Notice recorded in O.R. Book 4600, Page 1443(as to Parcel 3(25)). 18. Terms and conditions of Stipulated Final Judgment recorded in O.R. Book 4631, Page 1022(as to Parcels 1 (14), 2 (15)and 4(29)). 19. Letter of Agreement recorded in O.R. Book 4698, Page 2336 (as to all Parcels). 20. Ordinance 75-20 (water) recorded in O.R. Book 619, Page 1177 and Ordinance (75-21 (trees)recorded in O.R. Book 619, Page 1182. 21. Collier County Ordin '- "• " -s, --- . ;ling a Regional Sewer System and providing for impsca(cc-above r` ' All recording information refe-ed 'ertains to the •u• is records of Collier County, 0 Florida, unless otherwise Ind ate CC 0 p , c)..., .___.) _ ,,,, ,_ „, ,...„ ,_ ...,,., 7'11E civ,c, II 6688352v3-121459 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION 0 FOR PETITION NUMBERS(S) PDI-PL-20140001187 GEORGE P.BAUER,TRUSTEE OF THE GEORGE P.BAUER REVOCABLE TRUST i (print name),as AS MANAGING MEMBER (title,if (company,If a licable),swear or affirm applicable)of WILTON LAND COMPANY,LLC under oath,that I am the(choose one)owner 0 appiicantOcontract purchaser and that:and n 1. I have full authority to secure the approval(s)requested ari dto i tpose covenants andr stri tionston the referenced property as a result of any approve application and the Land!Development Code; 2. All answers to the questions i this application hati wand are ny and and ata or other supplementary ue; attached hereto and made a p art of 3 I have authorized the staff of Collier County to enter upon the property during normal Ii aot� and that urs hours the purpose of investigating and evaluating the request made through this app 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize ROBERTJ.MULHERE,FAICP OF HOLE MONTES,INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: pres. or v.pres. • If the applicant Is a corporation,then it Is usually L ecutod by tthe corp. Company(r .pres. the documents should • If the applicant is a Limited Liability Company( • ) typically be signed by the Company's'Managing Membbcan sign on behalf of the partnership. • If the applicant is a partnership,then typically partner • 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 411 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. - y t `` __ Date Signature WILTON LAND COMPANY,LLC • BY:GEORGE P.BAUER REVOCABLE TRUST,ITS MANAGING MEMBER BY:GEORGE P.BAUER,TRUSTEE STATE OF FLORIDA COUNTY OF COLLIER ta t"`'i f_____t ) " (date)by The foregoing in tr-'mend*sworn to(or affirmed)and subscribed(name of person pera ding oath or affirmation), as who is personally knc n to me or wh es produced _______ (type of identification)as identification. '"— .":":""v c z(X L.ul Cul - STAMP/SEAL &sok% Notary Pubitc State of Florid ; ., Maritza Agu ar/, rea 078151 GI. E 42/03/2017 • CP\08-COA-00115\155 REV 3/24/14 05/30/2014 05: 12 TEL 92342099 H M LAND DEVELOPMENT [rjjl001/004 CLA C01✓E11'CY x+,cNUw""'t"�lina.a•"`ae ,aer�""anromr; 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 Addrossing Department at the above address, EQ,(4 must be signs by AdclressinL7 nersonnQi prior l? e^ application meeting, please allow 3 clays for,proceselnd; Not all items will apply to every project. Items In bold type are required, POLIO NUMBERS MUST BE PROVIDED, Forms older then 6 months will require additional review pnd approval by the Addressing Department, AiNompoimmeeesimmetwommo PETITION TYPE(indicate typo below, complete a separate Addressing Check list for each Petition type) LiBL(Blasting Permit) ❑ SDP(Site Development Plan) BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SOPI(insubstantial Change lb SDP) O CU(Conditional Use) ❑ SIP(Site improvement Plan) ❑ E XP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) FP(Final Plat ❑ SNR.(Street Name Change) ❑ ILA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unpfatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer at Development Rights) ❑ PPL(Plans Plat Review) VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ,1 VRP(Vegetation Removal Permit) ❑ PUa Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) (J OTHER P01 4..'.. Q LEGAL DESCRIPTION of subject properly or properties(copy or lengthy description may be attached) Section 14, Township SOS, Range 26E "awe e/ .5— FOLtO(Property ID)NUMBER(*)of above(attach to,or essociate with,legal description if more then one) 00416720000 STRISETADDRESS or ADDRESSES (as applicable, already assigned) ■ LOCATION MAP must be attache showing exact location of prcjeCt/eite:in relation to nearest public road right- ot-wrty • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME ill applicable) 43.1.4.het _ 19a■ * r ,A . A e t?4-7419b- PROPOSED STREET NAMES(!f applicable) 411 SITE DEVELOPMENT PLAN NUMBER(for existing pmjectslsitee only) SDP 0 AFi r PL# 6 -- i 06/30/2014 09: 12 TEL 92542099 H is LAND DEVELDPMENT l 002/004 Col Fir County • COLLIER COUNTY GOVERNMENT 2$00 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT I3IVIStoN1 NAPLES,FLOnitia 34104 PLANNING AND REGULATION (239)252,2400 FAX (239)252-5724 WWW,COLLIERGOV.NgT Project or development names proposed for,or already appearing in condominium documents(if application; indict-Au whether proposed or existing) Please Check One: RN Checklist is to be Faxed back ❑ Personally Picked up APPLICANT NAME: HOLE MONTES, INC,/$0B MULHERE/STEPHANIE KAROL PHONE 239-254-2018 FAX 239-254-2099 Signature on Addressing Checklist does not constitute Project and/or Street Name approval 0 and is subject to further review by the Operations Departments FOR STAFF USE ONLY R FLN Number(Primary) AL 4 J 6.-72 edc Folk,Number Folio Number. .. _-.. Polio Number LL— Approved by:, Ate—lie—. Date: 6-2--/(71 Updated by:,, Delo IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 6 Co: ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition TYp'e: ?D Date and Time: WI2, I'-} c „3( Assigned Planner: 7 ' 1v D a-se-letyi Engineering Manager(for PPL's and FP's): Project Information Project Name: 14 Ats.1 ca c 'PA¢� c1 MME C E ('.E-.iT{ ” l�]� PL#: PD1-PL..Q.0 14DOC11 Qj` _ Property ID#:. 0 041(072 DOCK) Current Zoning: rPVIDI Project Address: 8515 Golfe!? 'kci City: State: Zip: MO2.5= C.L. __._..._ ...__........_._....._...__. ....._...._ ___ Agent Name:---6-(:).b kA\VIVO— Phone: a54 Dot Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage:aD.D 3 ii. Proposed#of Residential Units: /A 1{l. Proposed Commercial Square Footage&O j DO Iv. For Amendments, indicate the original petition number:P UjA;°°,3.Oe —AR—I OQ v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: b RD 0'4 --a0 ?UP vi. If the project is within a Plat, provide the name and AR#/PL#: • ............ , tin fer CoRnty 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for PUD Insubstantial Change Chapter 3 6.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. OF' REQUIRED NOT REQUIREMENTS FOR REVIEW - COPIES REQUIRED Completed Application(download current form from County website) 0 Pre-Application Meeting notes 1 I 0 Project Narrative,including a detailed description of proposed changes and why amendment is necessary Detail of request Current Master Plan&1 Reduced Copy . Revis -Master Man'&:1l duced Copy Revised Text and any exhibits W E- C 4111 PUD document with changes crossed through&underlined M 0 PUD document as revised with amended Title Page with Ordinance# ,0 Warranty Deed W Legal Description 0 Boundary survey,if boundary of original PUD is amended o f L If PUD is platted,include plat book pages a a, 0 List identifying Owner&all parties of corporation 2 4„„_±... Affidavit of Authorization,signed& notarized 2 Completed Addressing Checklist 1 1.1.7 0 Copy of 8%2 in.x 11 in.graphic location map of site 1 ID Electronic copy of all documents and plans -• :--• - : -- .ring Examiner requires all materials Eii [/ 0 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. • 6/3/2014 Page 3 of 4 • Coll" Co er -way COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS–INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: i School District(Residential Components):Amy li Bayshore/Gateway Triangle Redevelopment: Lockheart xecutive Director 4 $4 Utilities Engineering:Kris VanLengen rya Parks and Recreation:Vicky Ahmad P1 Emergency Management:Dan Summers lie Naples Airport Authority:Ted Soliday lb = Conservancy of SWFL:Nichole Ryan ■ Other: `4 City of Naples:Robin Singer,Planning Director $ Other: l FEE REQUIREMENTS I ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 AV—— The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant/Owner Signature Date Applicant/Owner Name(please print) 411 6/3/2014 Page 4 of 4 Co ei County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 Meeting Notes -0 Mc R._ 0 411Zi • Co 'fey County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes • I III 4 Pre-Application Meeting Sign-In Sheet PL#: P DI- PI..DON-000 IiR' Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony @colliergov.net Summer Araque Environmental Review 252-6290 summerbrownaraque @colliergov.net ❑ Alison Bradford, P.E. Engineering Services 252-6820 alisonbradford @colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin @colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio @colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton @colliergov.net Kay Deselem,AICP Zoning Services 252-2931 kaydeselem @colliergov.net ❑ Paula Fleishman Impact Fee Administration .252-2924 paulafleishman @colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons @colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach @colliergov.net ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth @colliergov.net — ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall @colliergov.net ❑ Reed Jarvi,P.E. Transportation Planning 252-5849 reedjarvi @colliergov.net _— . -❑ Stephen-I:enbeFger - .-Environmental-Review -252 2415 stevelen ierrger@colliergov:net -° , _- ❑ Paulo Martins Utilities , 252-4285 paulomartins @colliergov.net --AO ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna @colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean @colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz @ colliergov.net ❑ Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca @colliergov.net 7 Annis Moxam Addressing 252-5519 annismoxam @colliergov.net S. Mariam Ocheltree Graphics 252-2315 mariamocheltree @ colliergov.net ❑ Brandy Otero _. Transit 252-5859 brandyotero @colliergov.net lie John Podczerwinsky ,__ • #. Q . Transportation Planning 252-5890 johnpodczerwinsky @colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard @colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay @colliergov.net ❑ Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum @colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer @colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt @colliergov.net , ❑ Chris Scott Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review _ 252-4312 danielsmfth @colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone @colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain @colliergov.net ❑ Carolina Valera Comprehensive Planning 252-8498 carolinavalera @colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen @colliergov.net • _❑ Jon Walsh Building Review 252-2962 jonathonwalsh @colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks @colliergov.net ❑ Kirsten Wilkie Planning and Zoning 252-5518 kirstenwilkie @colliergov.net t i Name Representing Phone Email i Pok-e.. -ivAAN,k,,f « ol I) aS x \'l�rtrZN r ,NYC 12°17-a ct Q@ ona(arAa.(5n I , 1 i ____ _.„.„._..........._______ _ iv_ ,. i .___ 1 , 1 _ 41111 ... Deselemka Subject: Pre-App:PL20140001187(PUDA) • Location: Conf Room"C" Start: Thu 6/12/2014 1:30 PM End: Thu 6/12/2014 2:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: stephaniekarol @hmeng.com;AhmedVicky; Amy Lockhart-Taylor (Iockha @collierschools.com);AnthonyDavid; ArnoldMichelle;Ashton Heidi;AuclairClaudine; BeardLaurie; BradfordAlison; BrethauerPaula; BrownAraqueSummer; BurtchinMark; CascioGeorge; CilekCaroline; CondominaDanny; CromerAaron; David Ogilvie; FleishmanPaula; HouldsworthJohn; JarviReed; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; McKennaJack; McLeanMatthew; MoxamAnnis; NawrockiStefanie; PattersonAmy; PaulRenald; PepinEmily; PodczerwinskyJohn; ReischlFred; RevayStacy; RosenblumBrett; SawyerMichael;ScottChris; ScottTami; SmithDaniel; StoneScott; StrainMark; SuleckiAlexandra;ValeraCarolina;VanLengenKris;WalshJonathan;WeeksDavid; DeselemKay When:Thursday,June 12,2014 1:30 PM-2:30 PM (UTC-05:00) Eastern Time(US&Canada). Where: Conf Room"C" Note:The GMT offset above does not reflect daylight saving time adjustments. 110 Planner: Kay Deselem ********************************************************************************************* ******************************************************************************* pl2oi4aooiis7.ipg Project Type: Planned Unit Development Amendment Project Description: We are requesting a PDI (Insubstantial Change to a PUD), however online preapp meeting request does not offer PDI option. This purpose of this PDI is to make an insubstantial change to the Hammock Park Commerce Centre PUD (Ord. No. 07-30) for an off-site sign for the neighboring Hacienda Lakes. Existing Application Name: Meeting Type: Pre-Application Meeting Preferred Date: As soon as possible Unavailable Dates: Location: 8518 Collier Boulevard, Naples, FL, 34114, Parcel Number: 00416720000 Full Name: Robert 3. Mulhere, FAICP 1 Email: stephaniekaroltlahmeng.com 410Company Name: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Representing: Contact Number: Work: 239-254-2018 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. i 2 T) 'yg. -` �' '.4- �1 � . r -ac. 4 :-.+' ,........-1..--a �.p,+ �' F a,> . iy i ,`"' r� `w i ap" - r"`" � '$�. i Pr" !„;1', , t t ,P'� ,•�r r' -} C'-x. �r'Z' kS # *-'' "2t .7."-,--;. € #� q ,g �, i 1 .st r�p' 4,,,,_,, 1 „1-�i. $ - �, ,',..„'4,1,.-1:0','*�. r3 a.:rs^� _"4:: "ii.-.'" :,",,,,,;„,../ra j�ti a' i rY 't,n.: q 7 :, yam,. ,. :. q,' a,,' 1. , 'R4 P r^ ,. r 't ' x` t ., -- 4. 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NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.24011 FAX (239)252-5724 W W W.CO LLIERGOV.NE"f A0DIZESSING CHECKLIST Pieaae complete the following end fax to the Operations Department at 239-252-5724 or submit in person to the Addrossing Department et the Vibove address. ,Zq 1 1 . •- ion • b Ad•ressin• ersonn-1 •ritlr 10 ire- application meeting,please allow 3days for_processing,, Not all items will apply to every project. Items in bold type are required, FOLIO NUMBERS MUST BE PROVIDED, Forms older then 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, oornplcte a soperete Addressing Checklist for each Petition type) IIBL(Blasting Permit) ❑ SDP(Site Development Plan) 130(Boat Dock Extension) ❑ SDPA(SOP Amendnlef t) ❑ Carnival/Circus Permit ❑ SDPt(Insubstantial Change to SDP) CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ gXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ PP(Final Plat E SNR(Street Name Change) ❑ ILA(Lot Line Adjustment) ❑ SNC(Street Name Change Unplatteed) ❑ P ? a a C ) _.---. _. _ _ [ PL(Piens& Plat Review) -0-fi —Tra tsfertIf-Devalop tent is VA(Variance) . ❑ PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) E OTHER.PP; LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Section 14, Township 50S, Range 26E A c e .> FOLIO(Property ID)NUMBER(s)of above(otroah tg, or associate with, legal description if mare than one) 00416720000 STR1zET ADDRESS or ADDRESSES (as applicable,p''already assigned) LOCATION MAP must be attached showing exact location of projeoVsites in relation to nearest public road right- of-way . SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME (If opp/iacblc) PROPOSED STREET NAMES(ft a,Qplioable) • ^ SITE DEVELOPMENT PLAN NUMBER(fat existing prajert/sites only) SDP •,�_ 9 AI$ r PL A 0 636 05/30/2014 09; 12 TEL 92542099 1.1 IA LAND DEVELOPMENT lI 002/404 CrAtr CoirtY • COLLIER COUNTY GOVERNMEN`F 2404 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT IitVI 1oN/ NAPLES,ILOIZIDA 14144 PLANNING AND REGULATION {239)292,240G FAX {239}25Z-6724 WVyW;GOL .IERGOV.NE`F Project or development names proposed far,or already appearing in,condominium documents(ii application; indicate whether proposed or t:xie ting) Please Check Or IN Checklist IS lo be Faxed back ❑ Personally Picked Up APPLICMtT"NAME; HOLE MANTES, INC,/BOB MULHERE/STEPHAN 1E KAROL PHorta.239-254-2018 rAX 239-254-2099 mature-ran-AdareSs1rrg-Ohecklist does not coos t rP ect andtoi -- _ .•• *vet • and is subject to further review by the Operations Department, FOR STAFF US ONLY FLN Number(Primary) IO41 (72dd4 Folk(Number . r Folio Number ._ _.___ Folio Number Approved by:_ Date: Updated by.,__ Delo: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Ni,9 ta2a.2rp�� 11. • t•-•.1 Eat g { ORDINANCE N0.07-30 COUNTY 1.� z►' COMMISSIONERS OF COLLIER BOARD COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" FOR A PROJECT KNOWN AS HAMMOCK PARK COMMERCE CENTRE PUD, FOR PROPERTY ,.T1 LOCATED ON THE NORTHEAST CORNER OF THE >x, INTERSECTION OF CR 951 AND RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 m-1 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; r''� PROVIDING FOR THE ENTIRE REPEAL OF c -t ORDINANCE NUMBER 00-79, AS AMENDED, THE >0'1 "' FORMER HAMMOCK PARK COMMERCE CENTRE PUD;AND BY PROVIDING AN EFFECTIVE DATE. 4111 WHEREAS, Robert Mulhere of RWA, Inc. and R. Bruce Anderson, Esq., of Roetzel & Andress representing the Sempler Family Partnership Number 42, LTD, c/o Joseph A Filippelli,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 14,Township 50 South,Range 26 East,Collier County,Florida,is changed from Planned Unit Development "PUD" to Commercial Planned Unit Development "CPUD" in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps,as described in Ordinance Number 04-41,as amended,the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 00-79, as amended, known as the Hammock Park Commerce Centre PUD,adopted on November 28,2000,by the Board of County Commissioners of • Collier County,is hereby entirely repealed. Page 1 of 2 SECTION THREE.. 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 a7 day of FP. r'Ic ia`' , 2007. ATT 'j',, BOARD OF COUNTY COMMISSIONERS PW`I rlflt ROCK,CLERIC COLLIER COUNTY,FLORIDA • BY: 41100sv*.-:=Wiii41611117.0—#W' Rtt>lste'�:i0`Chi t fj!' ty Clerk J COI ETTA,CHAIRMAN t'Asti+r'* aid Approved as to form and legal sufficiency Marjorid M.Student-S fling Assistant County Attorney PUDA•2006-AR I 0330/MLry 411 This ordinance flied with the Secretory of State's Office the • el day of.I CS.--, me and ocknowledgement of that filin• rec-ived this 1g14% day of gd.r , L•,�A._,,, 9y // ' r> C Page 2of2 • PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared by: O DUTANC. CONSULTING 1 t y Vl Z •Planning •Visualization •Civil Engineering•Surveying&Mapping 6610 WILLOW PARK DRIVE, SUITE 200 r „ NAPLES,FLORIDA 34109 And 1 -•�.. cej ROETZEL AND ANDRESS Imo- rrl 850 PARK SHORE DRIVE . 0 TRIANON CENTRE-THIRD FLOOR NAPLES,FLORIDA 34103 Date Approved by BCC:November 28,2000 Ordinance Number:2000-79 Date Amendment Approved by BCC: 2/2 7/2C Amendment Ordinance Number:2 0 07_31D • Exhibit A C:\Documents and Settings\sandraherrera\Local Settings1Temporary Internet Files\OLKIC9IHammock Park CPUD 03-06-07(clean).doc • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I Property Ownership&Description I SECTION II Project Development 2 SECTION III Community Commercial District 4 SECTION IV Preserve Area 1 1 SECTION V General Development Commitments 12 LIST OF EXHIBITS EXHIBIT"A" PUD Master Plan • • C:\Documents and SettingsVandraherrera\Local Settings\Temporary Interact Files\OLKIC9\Hammock Park CPUD 03-06-07(clean).doc I STATEMENT OF COMPLIANCE The development of approximately 20.23 +/- acres of property in Section 14, Township 50 South, Range 26 East,Collier County, as a Commercial Planned Unit Development to be known as Hammock Park Commerce Centre CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan(GMP). The retail commercial and office facilities of the Hammock Park Commerce Centre CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub-district of the Urban-Commercial District in the Future Land Use Element(FLUE). This category described in the FLUE permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the FLUE. 3. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project shall be in compliance with all applicable County regulations including the GMP. 5. All final development orders for this project are subject to the Adequate Public Facilities requirements of the Collier County Land Development Code (LDC), as amended, as set forth in Policy 3.1 of the FLUE. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the FLUE. 7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. • 9. No residential uses are being requested for this CPUD. Hammock Park Commerce Centre CPUD Page 1of16 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Hammock Park Commerce Centre CPUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County,Florida,being more particularly described as follows: O.R. 1573,Page 355 The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one-quarter (SW1/4) of the Southwest one-quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half(S1/2) of the Southeast one- quarter(SE1/4) of the Southwest one-quarter(SW1/4); Section 14, Township 50 South, Range 26 East, Collier County,Florida. O.R. 1708,Page 1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less. Subject to easements,reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Sembler Family Partnership#42,Ltd. Hammock Park Commerce Centre CPUD Page 2 of 16 410 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map(PLUM). B. The property is currently vacant. The entire site has Hammock Park Commerce Centre PUD Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre CPUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre CPUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. • 1.6 SHORT TITLE This Ordinance shall be known and cited as the"Hammock Park Commerce Centre Commercial Planned Unit Development Ordinance" Hammock Park Commerce Centre CPUD Page 3 of 16 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project,as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Hammock Park Commerce Centre CPUD shall be in accordance with the contents of this Document, CPUD—Commercial Planned Unit Development District, applicable sections and parts of the LDC and GMP in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards,then the provisions of the most similar district in the LDC shall apply. 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 date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this CPUD remain in full force and effect. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", CPUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended,or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within fa or along the properly,as may be necessary. Hammock Park Commerce Centre CPUD Page 4 of 16 • 2.4 LAND USE A. Exhibit "A", CPU])Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LDC. 2.6 SIGNS 410 Signs shall be in accordance with the LDC,as amended. Hammock Park Commerce Centre CPUD Page 5 of 16 SECTION III COMMUNITY COMMERCIAL DISTRICT II 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", CPUD Master Plan as C, "Commercial". 3.2 GENERAL DESCRIPTION A. There is one area designated as C, "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services,and customary accessory uses. B. The approximate acreage of the "Commercial"parcel is as follows: Parcel: Acreage: Use: Tract 1 19.05± Retail and Office • Right-of-way outside of development area 1.18± Right-of-way Total 20.23± Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the LDC, as amended. Commercial tracts are designed to accommodate internal roadways,open spaces,lakes,water management facilities,and other similar uses. C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one hundred sixty thousand (160,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. 33 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) • Hammock Park Commerce Centre CPUD Page 6 of 16 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R.951. 4. Auto and home supply stores(Group 5531) 5. Building construction-general contractors (groups 1521 -1542). 6. Building materials, hardware, garden supply(Groups 5231,5251, 5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379,7384,7389) 8. Communications(Groups 4832,4833) 9. Construction- special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions(Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores(Groups 5411, 5421, 5441, 5451, 5461, 5499) 14. Funeral service and crematories(Group 7261) 15. Gasoline service stations(5541 subject to the provisions of the LDC) 16. General merchandise stores(Groups 5311, 5331,5399) 17. Hardware stores(5251) 18. Health services(Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734,5735,5736) 20. Hospitals(Group 8062) 21. Hotels and motels(Group 7011) Hammock Park Commerce Centre CPUD Page 7 of 16 • 22. Insurance agents,brokers and service(Group 6411) 23. Membership organizations(Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C.R.951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures(Groups 7832-7833) 27. Museum,art galleries(Group 8412) 28. Non-depository credit institutions(Groups 6141,6159,6162,6163) 29. Offices(All Groups) 30. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 31. Restaurants(All Groups) 32. Real estate(Groups 6531,6541,6552) 33. Social services(Group 8351) 34. United States Postal Service(Group 4311) 35. Veterinarian's office(Group 0742,except no outside kenneling) 36. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC,as amended. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC,as amended. 3.5 DEVELOPMENT STANDARDS Hammock Park Commerce Centre CPUD Page 8 of 16 1 • A. Minimum lot area: Ten thousand(10,000)square feet. B. Minimum lot width: One hundred(100)feet. C. Minimum yard requirements: 1. Front yard: Twenty-five(25)feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building,but not less than ten(10)feet. 3. Rear yard: Twenty(20)feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights,whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be in accordance with the LDC, as 4110 amended. G. Maximum height:Fifty(50)feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive,the setback is measured from the road easement or property line. I. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. Hammock Park Commerce Centre CPUD Page 9 of 16 • J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage,service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. • • Hammock Park Commerce Centre CPUD Page 10 of 16 i _ • SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve Area on Exhibit"A", CPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands,including upland buffers,in their natural,and/or enhanced state. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits,when required: A. Permitted Principal Uses: 1) Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes,subject to approval by the appropriate permitting agencies. Hammock Park Commerce Centre CPUD Page 11 of 16 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, as amended, shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor and assigns, shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or • modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns of the developer are bound by the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of the LDC,amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all sewer utilities and all common areas in the project. 5.4 WATER MANAGEMENT A. Excavation permits shall be required for the proposed lakes in accordance with the LDC, as amended. Excavated material from the property is intended to be used within the project site. • Hammock Park Commerce Centre CPUD Page 12 of 16 • B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services staff for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 5.5 TRANSPORTATION A. The developer shall provide a fair share payment toward the capital improvements at the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur within 90 days of request for said payment by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrances prior to the issuance of a certificate of occupancy(CO). C. The project entry from CR 951 shall be located at the northwest corner of the property and designed to provide shared access with the parcel to the north. All necessary dedications and easements shall be provided with the application for first development order. D. Following zoning approval, interconnections as shown on the Master Plan shall be designed and accommodated on the appropriate development order phase that may occur,or as directed by the Transportation Division. E. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or within 60 days of when requested by Collier County. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy(Resolution No. 01-247), as it may be amended, and the LDC,as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation,and roadway capacity. • Hammock Park Commerce Centre CPUD Page 13 of 16 • G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof,be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. H. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. I. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended. Payment shall be required within 60 days of written request of • Collier County,or prior to site development plan or plat approval,whichever is first. J. At the request of Collier County, the developer shall install or make payment in lieu of construction,at the discretion of the County, for a Collier Area Transit(CAT)bus stop with shelter. The exact location shall be determined during site development plan review. K. The developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County. The dedications shall be provided no later than the earlier of(1) first issuance of the first certificate of occupancy with respect to this Development, or (2) within 365 days of a written request from Collier County. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and 11 on Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. Hammock Park Commerce Centre CPUD Page 14 of 16 • L. The developer shall construct, at its sole expense, the canal crossing suitable for expansion and consistent with a four-lane design for the north half of the Rattlesnake Hammock future extension approach to CR 951. The canal crossing shall include all appropriate turn lanes. M. Should the developer permit a driveway on the Rattlesnake Hammock Road extension less than 600 feet from the intersection of Collier Boulevard, the County, at its sole discretion, may reduce the access point to a"right in" only if the County determines that the access point has an impact on health, safety, and welfare or traffic circulation. This reduction, if required, shall be at the developer's expense with no claim for damages to the County. 5.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County Ordinance and other applicable County rules and regulations. 5.7 ENGINEERING • A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable laws pertaining to platting. 5.8 BUFFERS The Hammock Park Commerce Centre CPUD shall provide perimeter buffering consistent with the following table: Direction Adjacent Use Buffer Type North: Vacant Agriculturally zoned land "A" South: Rattlesnake Hammock/Sports Park Rd. "D" East: Vacant Agriculturally Zoned Land "A" West: CR 951 and canal "D" 5.9 ENVIRONMENTAL A. The developer shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the 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 those Hammock Park Commerce Centre CPUD Page 15 of 16 protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site,with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. C. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. D. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this CPUD Document. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council shall be removed from within the preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. F. A Preserve Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species,fire management,and maintenance. Hammock Park Commerce Centre CPUD Page 16 of 16 111110 1 r is 1 l!ii ! 1 1 : ' iii ° i ! 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Nit koo - hpig 1 .. ..,.., 4 t '' . . h■Iii IR '411:4' Ili Litlill ----44----- 3: f). kit ' ' I ill 1 ...4410 , ..o 4. -7;t.11111 . 1 i .1 rt II 11 1111 s a ,,,, 1 L.......,.. „ 0 1 y' V U!,II RI..L�ni. A — 7 f '-lati .,r 'o '�A j c ' :4411 ii OWi3Y1Q 00W Y i 0 ., y j�l' n S STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-30 Which was adopted by the Board of County Commissioners on the 27th day of February, 2007, during Regular Session. • WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of March, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boar i:tof, , County Commissioners . By: Martha Verga •a, . Deputy Clerk ----------..,.,____,______ i 0 -'. .---- PiNtAf`C. A EXIT 101 r IN-- - �y �� • E RSTA Ocean S Ad, � CI,. .TASPA di�+ 0 in c ci i ce Li COLLIER COUNTY 'T.' o �► >M c > / w J 0 `:' w VICINITY MAP J tJTS J • 1 THE LORD'S HAMMOCK PARK 1— ..-141—° 1,s3 COMMERCE -- CENTRE CPUD E RATTLESNAKE ill y i HAMMOCK ROAD r __' T Y) RATTLESNAKE HAMMOCK ROAD HA''•`NDA --- ° SIGN & WALL LA .5 1 LOCATION T I Erill A SASAL PALM ROAD U O J a IO 3 v 3 , I 0 1/2 MILE • i 950 Encore Way CHECKED BY: PROJECT Na • Naples? FL 34110 HAMMOCK PARK R.IL/P.M. 2014.048 DRAWN BY: CAD FILE NAME: ��a�.__ ,r_•-t- .R PhoFlorlda3Ceti Certificate 254-2000 f COMMERCE CENTRE DATE cAn1 z M actmtSflluiERSSI�E`loS Authorization No.1772 LOCATION MAP 06/2014 EXHIBIT 1 I ii i ` ' I :1 I i ' - 20' BUFFER IESMT. (TYP.) I 1 __' I SUBJECT PROPERTY L'' 100' CANAL R/W _, i --.4--_1! 10.5' Q \ I (_� PROPOSED HACIENDA LAKES �.. ( OFF-PREMISES DIRECTIONAL SIGN C.) Z i ... 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"±.n of _ ._.,_ ,,,„,...:,..,77 �.`�,MU:,. sua�sxa•. r` ' 'x°�. =xa:ata_.�;,.�,'Wit. .. )-±::.. ..,27.7,7,,,-7444.. .-,> b:�'«:�:a... .... .... ........ ........ ....7 Paula McMichael litrom: StrainMark[MarkStrain @colliergov.net] ent: Monday,August 04, 2014 2:34 PM To: DeselemKay; Bob Mulhere; Paula McMichael Subject: RE: Hammock Park Centre-PDI-PL20140001187 I have reviewed the first review letter for the referenced PDI. Pursuant to LDC section 10.03.06.H.2 as amended by Ordinance 2014-33,the requirement for a neighborhood informational meeting(NIM) is waived. The change requested is insubstantial and limited in scope with minimal,if any,impact on adjacent properties. Mark Strain Collier County Hearing Examiner 2800 North Horseshoe Drive Collier County, Florida 239.252.4446 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: DeselemKay Sent: Monday, August 04, 2014 11:36 AM To: Bob Mulhere; StrainMark; Paula McMichael Subject: RE: Hammock Park Centre- PDI-PL20140001187 Oilark, here is the first PUDZ-PL20140000340 review letter and the applicant's submittal documents. Kay Dese/em, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone; 239-252-2931 Fax: 239-252-6357 kaydeselem @co/liergo v.net From: Bob Mulhere[mailto:BobMulhere©©hmeng.com] Sent: Friday, August 01, 2014 10:30 AM To: StrainMark; Paula McMichael; DeselemKay Subject: RE: Hammock Park Centre - PDI-PL20140001187 Makes sense,thank you Mark. Bob Mulhere, FAICP Planning Director HOLE MONTES, INC e HOLE MONTES I From: StrainMark [maiito:MarkStrain @colliergov.net] Sent: Friday, August 01, 2014 10:28 AM To: Bob Mulhere; Paula McMichael; DeselemKay Subject: RE: Hammock Park Centre- PDI-PL20140001187 Based on the newly adopted LDC changes the following is the basis for any decision to waive a NIM for a PDI: 2, The foilowing notice procedures required: Fpf,a PE) a Nik4. LOC se i rL 1 r mat t rcAuost by the, oj the int., iheAgertor4 I ,xarn ner" h i_ di- r:ton ti ! ,live the NIt4 aftet the f ry' oet of staff re iex'„ inertt have been i I will need to see how the changes end up after the first review to make a FINAL determination concerning the NIM. Mask. 239.252.4446 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: Bob Mulhere [maiito:BobMulhere @hmeng.corn]� � � Sent: Friday,August 01, 2014 9:26 AM To: Paula McMichael; DeselemKay Cc: StrainMark Subject: RE: Hammock Park Centre- PDI-PL20140001187 I had spoken briefly with Mark and as I recall he did into think an NIM was necessary. Bob Mulhere, FAICP Planning Director HOLE MONTES, INC F . HOLE MONTES From: Paula McMichael Sent: Friday, August 01, 2014 9:15 AM To: DeselemKay Cc: Bob Mulhere Subject: Hammock Park Centre - PDI-PL20140001187 Good morning Kay.Can you confirm whether a NIM is required for this application,or do we need to discuss with Mark Strain? 1111 Thanks, Paula N.C. McMichael,AICP 2 SIGN POSTING INSTRUCTIONS, (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) • A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5)feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s � NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETl'1'ION NUMBER PDI-PL20140001187 HOLE MONTES, INC. SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX ROBERT J. MULHERE, FAICP 950 ENCORE WAY, NAPLES, FL 34110 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this S0i day of September , 20e 14, by ROBERT J. MULHERE ,personally known to me or who produced as identification and who did/did not take an oath. it rata' ?, 51tYH11NIE KAROL Signature of Notary Public .1 MY COMMISSION#EE 163504 EXPIRES:March 9,2016 Stephanie Karol Bonded Thru Notary Public Urderwnters Printed Name of Notary Public My Commission Expires: • (Stamp with serial number) yy .Po Q Af f ; t Y j >:f '1. Y 4 Y7 1111 .. 1 ! •tl u s r „.., r .. f x1.1 , ,w: , ii• Si. k ! { t g. , `�t 1 S * � - 5 8 f ,, � -M1`: 4 *E m^ ', ,tea . *R"'�'°'3 "/f 1F.-.. "'' j e „ :`w1�` '."� s t „ r.';`,.' ..' " _..'ii. Q lP 4 x '1 Y LS'.` y Y q b•. 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AY 1irK� r r u, r, 7 a £ �1 A 3. .), AGENDA ITEM 4-B Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: SEPTEMBER 25, 2014 SUBJECT: PETITION NO: PDI-PL20140001292, LIVINGSTON LAKES PDI APPLICANT: AGENT: WCI Communities, LLC D. Wayne Arnold,AICP 24301 Walden Center Drive Q. Grady Minor& Associates, P.A. Bonita Springs, FL 34134 3800 Via Del Rey Bonita Springs,FL 34134 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Livingston Lakes PUD to allow the following change: • Revise the measurement in Section 3.4.D of the PUD, Minimum Distance Between Structures,from: "15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater",to: "Where either structure is 3 stories: One half of the sum of the heights of adjacent buildings,measured from exterior walls "Where both structures are 2 stories or less: Twenty(20)feet" GEOGRAPHIC LOCATION: The subject property, consisting of 46.73E acres, is located in the southeast quadrant of the intersection of Immokalee Road (CR 846) and Livingston Road in Section 30, Township 48 South, Range 26 East, Collier County,Florida.It is accessed from Livingston Road. PDI-PL20140000966: Heritage Bay PDI Page 1 of 7 September 25,2014 ---- P z- c R 'a i U1 Q i o1 1. ,:- ::, -- ::p.::11!iiiq.laiiiiii:i.:ii . : a a 0 -- Z z I R . 4404 KU N 01 N i y, s ii 1 E i o p •os} N ANEW J a 3,44 of aor 0 a I I, r � z 1 17 k 17 1 iii 3 ..... tarsal g i ; 1 _ z I, t p J . St-31v16n31N Li r - • . 1 G - 2 r 11 1 s —--)/Ile - tesii. 1 1 -,r,) 1 1 ii ill rif Q` g_ p . - .,,, - -- I,-i, - i _P__, i t iiii‘!,.1 _111r i tf a9 ; 11 r � a i g R i . 11� - - . � r _ _ ' o, 0 1= °- F1 ,,,�_.__ Q ��''!"'_11137 j] ane.eo`yumae1yyv ow a,..._ i _,, ,,,, it A r.wt3 I CRC"NAV 4 . 4 _ h A ' a • u I 1 t at•I vocoNnC�7 WCat3 OR r 'r 2 6'- LI%JI c'. 'sfitLAKES 1- .!. - •'; ".+ voc Y"� ;�• . an . 4� Aerial Photo(Collier County Property Appraiser) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: A Site Development Plan for Livingston Lakes was approved, the land was cleared and infrastructure was installed, but the previous owner did not construct the residences. The current property owner wishes to construct residences that reflect today's market, however, because the utilities are in-place the building design is constrained. The property owner could re- install the utilities, but has chosen instead to seek a PDI in order to reduce the separation between structures for one-and two-story buildings. ANALYSIS: The proposed change will not affect abutting properties, since front, side and rear setbacks are not affected. The change will only affect internal building-to-building separation. PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set 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 have been listed as follows: PDI-PL20140000966: Heritage Bay PDI Page 3 of 7 j September 25,2014 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five(5) acres in area? 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, or 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? No, 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? The proposed change 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. PDI-PL20140000966: Heritage Bay PDI Page 4 of 7 September 25,2014 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed change will only affect internal building-to-building setbacks.. 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. Livingston Lakes PUD is not a DRI, so this criterion 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. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the change proposed does not change the original analysis, rezone findings, or PUD findings. PDI-PL20140000966: Heritage Bay PDI Page 5 of 7 September 25,2014 NEIGHBORHOOD INFORMATION MEETING (NIM): The LDC does not require a NIM for PDI petitions. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for PDI-PL20140000966 on September 8, 2014. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140000966. Attachments: A. Application B. Livingston Lakes PUD (Ordinance 99-18) PDI-PL20140000966: Heritage Bay PDI Page 6 of 7 September 25, 2014 IIIN PREPARED BY: i . 1 °/ " FRET)RIISCHL,AICP, PRINCIPAL PLANNER DATE PLANNING AND ZONING DEPARTMENT REVIEWED BY: 72) ,, 7 '5•74 RAY ,V. BELLOWS, ZONING MANAGER DATE MANN NG AND ZONING DEPARTMENT MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PDI-PL20140000966: Heritage Bay PDI Page 7 of 7 September 25,2014 Livingston Lakes PUD Proposed Amendment to Ordinance Number 99-18 PROPOSED TEXT REVISIONS TO SECTION III OF THE PUD DOCUMENT. Section III, entitled "Residential Development" of the PUD Document attached to Ordinance Number 99- 18,the Livingston Lakes PUD, is hereby amended as follows: 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the PUD property boundaries, individual parcel boundary lines,or between structures. Condominium/homeowners' association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA: One acre. C. AVERAGE LOT WIDTH: 150 feet. D. MINIMUM YARDS(Principal Structures): Front Yard: 35 feet. Side Yard: 15 feet. Rear Yard: 30 feet. Minimum Distance Between Structures: Where either structure is 3 stories: 15 feet,-ec-eOne-half of the sum of the heights of adjacent buildings, measured from exterior walls- niche 0tc Where both structures are 2 stories or less:Twenty(20)feet Words underlined are additions;words struck through are deletions Livingston Lakes PUD Last Revised 08/14/2014 Page 1 of 1 • Livingston Lakes RPUD Insubstantial Change • Petition # PD1PL20140001292 II • GradyMinor • Civil Engineers • Land Surveyors • Planners • Landscape Architects June 11,2014 Mr.Fred Reischl, Senior Planner Zoning Services,Planning&Zoning Department Collier County Growth Management Division 2800 N.Horseshoe Drive Naples,FL 34104 RE: Collier County Application for Insubstantial Change to a PUD,Livingston Lakes PUD Dear Mr.Reischl: Attached, please find copies of a Collier County application for Insubstantial Change to a PUD for properties located on the east side of Livingston Road north of the North Collier Regional Park. This PDI proposes to modify Section 3.4.D of PUD Ordinance 99-18, Minimum Yards (Principal Structures),to allow the minimum distance between structures to be 20 feet. Because of the constraints of the existing infrastructure, it is necessary for the current developer to modify the development standards for building separation in order to develop the new residential product type. Please feel free to contact me should you have any questions. Sincerely, ALIT) D. Wayne Arnold. c: Clark Leming,WCI Communities,LLC GradyMinor File Q. Grady Minor&Associates, P.A. Ph. 239-947-1144•Fit:239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 •LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com e er Co 14111 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL INSUBSTANT4CHANOi'101A.PUD,,tMASTER PLAN, OR MIND i 'CHi I i ub pn 10 02 t3 E&Glide of Laws section 2433—2-90 Ch.36 3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E,2, insubstantial changes to a PUD zoning district may be made if they can be accomplished by amending the PUD Master Plan or can be considered a minor text change. Any change to the PUD Master Plan or text change must clearly be supported by the PUD document. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED 'Og n APPLICANT.CONTACI INFORMATION •Name of Applicant(s): WCI Communities, LLC Address: 24301 Walden Center Drive City: Bonita Springs State: FL zip: 34134 Telephone: 239.947.2600 Cell: Fax: 239.498.8617 E-Mail Address: clarkleaming @wcicommunities.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239-947-1144 Cell: Fax: 239-947'0375 E-Mail Address: warnold @gradyminor.com DISCLOSURE OF INTEREST. FORMATION'. , Is the applicant the owner of the subject property? ■1 Yes No ❑ 1. 1f applicant is a land trust, so indicate and name the beneficiaries below. IN 2. If applicant is corporation other than a public corporation,so indicate and name officers and major stockholders below. 10/14/2013 Page 1 of 4 • e'r CffinitY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ri 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee,attach copy of lease,and indicate actual owners if not indicated on the lease. Li 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) PROPERTY INFORMATION PUD NAME: Livingston Lakes PUD ORDINANCE NUMBER: 99-1 8 • Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet,a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes ( (No If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes ❑ No If yes,in whose name? Has any portion of the PUD been • SOLD and/or U DEVELOPED? Are any changes proposed for the area sold and/or developed? (1 Yes ❑ No If yes, please describe on an attached separate sheet. • 10/14/2013 Page 2 of 4 Co PY Co Ltnty 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. _ OF REQUIREMENTS FOR REVIEW CCPfES REQUIRED REQUIRED Completed Application(download current form from County website) 0 Pre-Application Meeting notes 1 W Project Narrative,including a detailed description of proposed changes Er El and why amendment is necessary Current Master Plan&1 Reduced Copy 0 Revised Master Plan&1 Reduced Copy [� j_♦ Revised Text and any exhibits ❑ c List identifying Owner&all parties of corporation 2 Owner/Agent Affidavit signed&notarized 2 la Completed Addressing Checklist 1 of 8 Y:in.x 11 in.graphic location map of site 1 a Electronic copy of all documents and plans 410 *Please advise:The Office of the Hearing Examiner requires all (� materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting:$500.00 ❑ Fire Code Review:$100.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive 1 , 1 Naples,FL 34104 r I —147144%1 Applicant/Owner Signature Date aqi r. /10, Applicant/Owner Name(please print) • 10/14/2013 Page 3 of 4 Livingston Lakes Insubstantial Changes E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. I. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or N/A b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; N/A c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such,or 5 acres in area; No net change in preserve, recreation or open space results from this amendment. d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; The PUD contains no commercial uses. No increase in uses are proposed. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the requested setback reduction. f. The change will result in land use activities that generate a higher level of vehicular traffic • based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No new uses are proposed. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The land use relationships proposed are nearly identical to the existing situation. A 20' setback between 2 story buildings is an internal change and will not result in any incompatible land use relationship to abutting properties. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD is consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact • (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this Code; or The project is not a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 The proposed modifications do not meet the standards for a substantial modification. Sharon Umpenhour 4111 From: BosiMichael <MichaelBosi @colliergov.net> Sent: Thursday,June 05,2014 10:02 AM To: Wayne Arnold Cc: ReischlFred; BellowsRay Subject: RE: Preapplication meeting waiver request Wayne, Please consider this e-mail and the previous discussion with Fred and Ray as satisfying the requirement for a pre-application meeting for the petition. Provide this e-mail along with your initial submittal to provide evidence of satisfying the pre-application requirement. Sincerely, mike From: Wayne Arnold [mailto:WArnold @ igradyminor.com] Sent:Thursday,June 05,2014 9:52 AM To: BosiMichael Cc: ReischlFred; BellowsRay Subject: Preapplication meeting waiver request Mike,we are working with WCI Communities on the Livingston Lakes project. It is the PUD located immediately north of the North Collier Regional Park. All infrastructure including water,sewer,lakes and roads have been constructed. In • order to redevelop the property to meet WCI product needs we need to modify the building separation requirement in the current PUD. I have spoken with Ray and Fred and the project will qualify for the PDI process through the Hearing Examiner, We are only proposing the change to building separation in the PUD and it does not seem necessary to conduct a pre-application meeting for this very minor change. I would appreciate it if you could waive the pre- application meeting and allow us to proceed directly to submittal of the application. Thanks for your consideration. Wayne D.Wayne Arnold,AICP Planning Director 13 GradylWinor 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239,947.0375 Web-htttp://www.r radvminor.com DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data Is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and Is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified"plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. • 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 Livingston Lakes PUD • Insubstantial Change to a PUD Project Narrative The Livingston Lakes PUD was approved in 1999 as PUD ordinance 99-18. Site development plans for multi-family housing was approved, and site infrastructure including lakes, roads and utilities have been constructed. The original developer did not construct the approved multi-family buildings and the new owner desires to modify the product types in order to respond to current market conditions. Because of the constraints of the existing infrastructure, it is necessary for the current developer to modify the development standards for building separation in order to develop the new residential product type. The proposed units where a reduction in building separation is requested are limited to 1- story and 2-story unit types. The 20' separation is the minimum separation necessary to develop with the new product type and mix of dwelling units. For 3-story buildings the existing building separation will remain applicable as is,which specifies 'h the sum of the building heights. • • Livingston Lakes PUD Proposed Amendment to Ordinance Number 99-18 PROPOSED TEXT REVISIONS TO SECTION III OF THE PUD DOCUMENT. Section III, entitled "Residential Development" of the PUD Document attached to Ordinance Number 99- 18,the Livingston Lakes PUD,is hereby amended as follows: 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the PUD property boundaries, individual parcel boundary lines,or between structures. Condominium/homeowners' association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA: One acre. C. AVERAGE LOT WIDTH: 150 feet. D. MINIMUM YARDS(Principal Structures): • Front Yard: 35 feet. Side Yard: 15 feet. Rear Yard: 30 feet. Minimum Distance Between Structures: Where either structure is 3 stories: 4--S-feet, ::c-eOne-half of the sum of the heights of adjacent buildings, measured from exterior walls; whichever ate Where both structures are 2 stories or less:Twenty(20)feet • Words underlined are additions;words etrtuelfthrough are deletions Livingston Lakes PUD Last Revised 08/14/2014 Page 1 of 1 Livingston Lakes PUD List Identifying in Owner(s) and All Parties of Corporation Owner Percentage of Ownership WCI Communities,LLC(a publicly traded company) 100% 24301 Walden Center Drive Bonita Springs, Florida 34134 Page 1of1 Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 WWW.coltiergov.net AFFIDAVIT We/I,WCI Communities, LLC 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/1 further authorize Q. Grady Minor and Associates, P.A. to act as our/my representative in any matters regarding this Petition. WCI COMMUNITIES,LLC a Florida corporation • By: . The foregoirng4strument was acknowledged before me this day of - ° a -, ,2014, by 6;ti,L Eiz k+a a-Ir; who is personally known to me or-has peed _as-identification. (Signature of Notary Public) , Notary Public State or florid* A Margaret A Suk 1 IA It tZ f;l tiC G V IL. i ' tc- My Cbmrninwn EE s2eZto P Wave IO1U2/2010 (Print,Type,or Stamped Commissioned Name of Notary Public) • Jun. 3. 2014 9:30AM No. 2478 P. 1 • I COLLIER COUNTY GOVERNMENT 2900 NORTH Ho �H7E DRIVE MANAGEMENT D lY1SlONi PUNNING AND FLORIDA 34104 AND REGULATION (239)252-2400 FAX (See}262-5724 Mt COLIJER0i2V.NET .{fie. G _y :, € ZS ,+. f r i u. Please complete the following and Fax to the Operations Department at 238-252-5724 or eubmif in person to the Addressing Department at the above address. Form ust be sinned by Ad lna osrsonnp otioj to ore. ecollcatiart meet& , lease allow 3 slave for orocesslnq, Not oil items will apply to every project, Items in bold type are required, FOLIO NUMBERS MUST BE PROVIDED, Forms older then 6 months will require additional review and approval by the Addressing Department, PETITION TYPE(indicate type below, complete a separate Addressing Chacldfsf for each Petition fs'pe) O BL(Blasting Permit) ❑ SOP(Site Development Plan) BD(Poet Dock Extension) ❑ SDPA(SOP Amendment) Q Carnival/Circus us Permil ❑ SON(Insubstantial Change to SDP) C GU(Conditional Use) SIP(Site Improvement Plan) L©J EXP(Excavation Permit) g SIPI(Insubstantial Change to SIP) FP(Final Plat ❑ SNR(Street Name Change) LLA(Lot Line Adjustment) SNC(Street Name Change Unplatted) ❑ PNO(Project Name Change) TDR(Transfer of Development Rights) piPPL(Plans&Plat Review) VA(Variance) P$P(preliminary SUbdlviSior►Plat) VRP arias ,scion Removal Permit) PUD Rezone VRSFP(Vegetation Removal&Site Fill Permit) 0 RZ(Standard Rezone) ! OTHER Poi LEGAL DESCRIPTION of subject Property Pr properties(copy of langttry description may be attached) Please see attached Exhibit A -- $ 'O lirceir /..,<�A' /7,.2,2 3?or 5 Sl, FOLIO(Property ID)NUMBER(s)of above(attach to,OP associate wieri,lege!descriation Imore than one) L4 57 Please see attached Exhibit G STREET ADDRESS or ADDRESSES(as applicable,it already assigned) ....... • LOCATION MAP must be attached showing exact location of projeetisite in relation to nearest public road right. of-way • SURVEY(copy -needed only for unplstted properties) PROPOSED PROJECT NAME(applicable) PROPOSED STREET NAMES(Yam/cable) SITE DEVELOPMENT PLAN NUMBER(forexisrYrhg pro)ectsraltes only) ;.:' 6DP 2002 _ 3 114 or AR or PL ft Pun 9g-r$ 0 pop( Ak- s",24,o 1 Jun, 5. 2014 9:30AM No, 2476 P. 2 COWER COUNTY GOVERNMENT 2800 NORTH HORSEStit?E OWE GROWTH MANAGEMENT D Vls(ON/ NAPLES,FLORIDA 34104 PLANNING ANb REGULATION (tae)282-2400 FAX (2a9)202.6724 WWW,OOL,LIEi O N I Project or development names proposed tor,or already appeerin$in,condominium documents(it application, indicate whether proposed or existing) Please Check One: IP Checkkst Is to be Faxed beak C] Personally Picked Up APPUCANT NAME: Sharon Umpenhour PHONE 239.947.1144 FAX 239.947.0375 Signature on Addressing Checklist does not c onsttt lbe Project and/or Street Name approval and is subject to further review by the Operations Department. S FOR STAFF USE ONLY ._. FLN Number(Primary) .Set a'fr.C4rA Folio Number Folio Number Folio Number ,.�r / Approved by .�....� s�l~♦.' ,1111:... Dale: 6 w4rtig Updated by Date IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • 2 Jun, 5. 2014�p9;30AM No. 2478 P. 3 III Exhibit A PARCEL 1 W%ottho SE 14 date NW 14 buses situate ehdIylgisOtt ,Tor►nshlp 41 South,Reaps 26 Wet, Collier Cbtmty,Florida. PARCEL 2 N%orthe NE%of 1k SW 14 of the SW%of the NW 14 beteg Watt and Was in Section 30,Township as South,ap�pp 26 tut,Collier Cosily,Florida. PARCEi.3 NW 14 dee NW 14 of the SW 14 of the SW%of the NW 1 Wag situate sod tying le SeetI,30.Township 4$Booth,Rasp 26 East, Collier Co met,Florida,LOS the Western SI ftti thervot PARCELS 4 4 10 The$14 at the SW%ofthe NW% of the SW 1d of de l t"W*Less the Wotan sill f e e t thereotANO the S%°fibs St%of the N W s6 of the SW 14 Oda NW 14,beiad situate..a lying la Sodom 3S,Towasalp 43 Swath,Raop 26 Bast,Collier Cavity,Platt.. PARCEL S SW 14 of the NW R e au sw 44 of rho 5111%or the toll I.,Wag situ&and lying m Section 80,Township 48 Soul.Reap 26 Easy Collar Coots,Florida,Lm the W;atero 31 fast tbereoL PARCEL 6 E Si of the NW r4 1 of the SW%of the SW 4 of the NW 1c,Wax situate tad lying la Soetfoa 30,Township 46 South,Rasp x6 Bart, Collier+Oniony,Florida, PARCEL 7 NE''A of the SW !4 or the NW 14 Wag aitaate aed Wag is Wiwi 30, Township 45 South,Raw 26 raft,Collier County,Florida. PARCEL 3 W 1 of the BE 14 of the SW 14 era. NW%being situate and lying to Setilon J0,Township 45 South,linage 20 East,CollierCouat%,Plerlaa. PARCEL 9 The tat 44 of the Southeast 14 or the Southwest . Northwest t4 of Seetioo 38,Township 48 South,Rap 26 East,Galilee County,Florida. (18)14-1V11'CitpA,? lid CT141111"1/ P. V I—I 0 1111 ''',0t, _ it' ...., 0 0 040 Alcc 4.4% cob-- 4110 IN N. bo:301�1 t]erabl.,lmr. Jun. 5. 2014 9:31AM No. 2478 P, 4 JVYJ .i .J10 • 00197360006 00197400005 00197440007 00197640001 00198360005 00198720001 00198800002 00198840004 ' CO 00199040007 00199080009 C I V t'A 7.1111111 70 cI I q • II▪I a eN •, . .. . _yy� i f t� , -.,... .... �, t a = .. . tt 6 " 1 �a gyp` !. a v CC t 4i ,• L*q. .,s s4t.w t r f .I: iii# N...#.am • ... .• '41 * __ 1 _ 4, 1 #� -. • <•mow # ' f t 1> w �. tiC ,'ter 4 ..i- ..° i J t • , f Q r1 b r , t fl.r,0„," , ifilIZ: 4, ifx a • ■F I 1 1 I o''' ' '' . -. s.�«w r °., t y Is El ..tt.. i ,.. , -. Illinila tr r- I a 1 ' ,, . r-' ...."1D-ViNGST©1V ROAD 0 •t ORDINANCE NO. 99-18 AN ORDINANCE AMENDING ORDINANCE NUMBER 9I-102FUE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ;0 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS E'OR` f t+vim t.a 1 THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORt ` o BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBEA 3 8630N; BY CHANGING THE ZONING CLASSIFICATION OF Y ? THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL.> , AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT y', KNOWN AS LIVINGSTON LAKES FOR A MAXIMUM OF 327 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE PROPOSED LIVINGSTON ROAD BETWEEN VANDERBILT BEACH ROAD AND IMMOKALEE ROAD (C.R. 846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.73+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering & Design, Inc., representing Section Thirty Corporation, L.L.C., 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: SECTION ONE:. The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8630N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 3m day of 1-9_13,41,4), 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA a' PiTTE (. ,r 74111 BY: Pamela S. Ma 4e, Ch: irwoman . DWIGHT E. BROCK,. Clerk :Attest as to Chii"riaatr"s .sIgeatert ooly'` This r.dlinorvo :,,i .. / anytf (941 ApOtdv od"a's to Form ` ' and Legal Sufficiency Marjdrie M. Student Assistant County Attorney q/PUD-98-18 ORDINANCE/ LIVINGSTON LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LIVINGSTON LAKES, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: SECTION THIRTY CORPORATION L.L.C. c/o 600 FIFTH AVENUE SOUTH,SUITE 207 NAPLES,FLORIDA 34102 • PREPARED BY: McANLY ENGINEERING AND DESIGN,INC. 5101 EAST TAMIAMI TRAIL,STE.202 NAPLES,FLORIDA 34113 DATE REVIEWED BY CCPC 2/4/99 DATE APPROVED BY BCC 2/23/99 ORDINANCE NUMBER 99-18 AMENDMENTS AND REPEAL Exhibit"A" Imo TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance ii Section I Legal Description,Property Ownership and General Description I-1 Section R Project Development 11-1 Section III Residential Development Standards ,III-1 Section IV Preserve Area IV-1 Section V Development Commitments V-1 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN STATEMENT OF COMPLIANCE The development of approximately 46.73 acres of property in Collier County as a Planned Unit Development to be known as Livingston Lakes will be in compliance with the goals,objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Livingston Lakes PUD are 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 subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is a proposed to be a multi-family residential development located less than one mile from, a designated Interchange Activity Center (Activity Center # 4). The Density Rating System of the FLUE provides for a 3 dwelling unit per gross acre density bonus when a proposed project is within one mile of an Activity Center. This density bonus of 3 dwelling units per gross acre added to the base density of 4 dwelling units per gross acre provides for a gross project density of 7 dwelling units per acre. The proposed density of Livingston Lakes PUD is 6.99 units per gross acre, which is less than what is provided for by the FLUE Density Rating System,and is therefore consistent with the Future Land Use Element,Policy 5.1.of the Collier County Growth Management Plan. 410 3. The development will be compatible with and complementary to existing and planned surrounding land uses. 4. The development of Livingston Lakes PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 5. Livingston Lakes PUD is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned for urban uses. 6. Livingston Lakes PUD implements Policy 5.6 of the Future Land Use Element in that more than 60%of the project will be open space or reserved for conservation purposes. 7. The Master Development Plan, with its extensive natural area,lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable multi-family residential development. ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property,and to describe the existing conditions of the property proposed to be developed under the project name of Livingston Lakes PUD. 1.2 LEGAL DESCRIPTION A parcel of land lying in the northeast quarter of Section 30,Township 48 South,Range 26 East,Collier County,Florida,and more particularly described as follows: The West Half of the Southeast Quarter of the Northwest Quarter of Section 30; and, The East Half of the Southwest Quarter of the Northwest Quarter of Section 30; and, The South half of the South Half of the Northwest quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and, The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30; and, ' The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 30. Said parcel containing 46.73 acres,more or less, subject to easements, restrictions, and reservations of record. 1.3 PROPERTY OWNERSHIP The subject property is owned by Section Thirty Corporation L.L.C.,a Nevis Corporation. 1.4 PHYSICAL DESCRIPTION The development property is located in the north half of Section 30, Township 48 South, Range 26 East. The proposed project site is presently undeveloped, but has been historically timbered and utilized for cattle grazing. Portions of the property have been subjected to wildfire, and the majority of the property's jurisdictional wetlands have been extensively infested with the exotic species Melaleuca. The property is generally ut topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea levee site contains extensive areas of jurisdictional wetlands which are characterized as transitional wetlands in which the predominant'vegetation is Melaleuca, with a mix of pine and cypress and associated upland and wetland plants. The water management system , consists of approximately 10.3 acres of upland and wetland preserve and 12.6 t acres of open space which will receive runoff from the buildings and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the lakes. The lakes are interconnected by culverts and/or the preserve areas. The project is designed with zero discharge. 411 I-I 1.5 PROJECT DESCRIPTION The Livingston Lakes PUD shall be a multi-family residential development centered around a water management lake system. The amenities proposed to be provided in the project include structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. Access to the property will be from the proposed Livingston Road. The segment of Livingston Road between Vanderbilt Beach Road and Immokalee Road is planned to be improved with a four lane divided roadway programmed to be completed in 2003 (Capital Road Project#57). The timing of the completion of that segment of Livingston Road will coincide with the anticipated completion of the required permitting processes necessary for Livingston Lakes PUD to commence construction. Should however, the developer accelerate the permitting of the project,or programming for construction of that segment of Livingston Road be postponed, the developer reserves the right to construct a northerly 1800-2000 foot length of two-lane roadway,consistent with the County's design criteria for such a collector roadway, including road,water,sewer and drainage facilities. Should this option actually be pursued,the developer will pursue impact fee credits as provided for in Collier County Ordinances 92-22,and 98-69. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power,and telephone. Additional services will be provided as deemed appropriate. The controlled perimeter of the water management system will be maintained at an elevation of 13.40' NGVD to detain all surface runoff on-site. This is based on the 25-year, 3-day flood elevation with zero discharge of 13.36'NGVD. The 100-year,3-day storm elevation was determined to be 13,68'NGVD with zero discharge. All habitable dwelling structures will have proposed finished floor elevations at or above 13.70'NGVD. S1.6 SHORT TITLE This Ordinance shall be known and cited as the "Livingston Lakes Planned Unit Development Ordinance". • 1-2 SECTION II • PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development,relationships to applicable County Ordinances,the respective land uses of the Livingston Lakes PUD development,as well as other project relationships. 2.2 GENERAL A. Regulations for development of Livingston Lakes PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards,then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Livingston Lakes PUD shall become part of the regulations • which govern the manner in which the PUD site may be developed. D. Unless modified,waived or excepted by this PUD,the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities,of the County Land Development Code,at the earliest or next to occur of either Final Site Development Plan,Final Plat approval, or building permit issuance applicable to this development. F. The County plans a regional park along the south boundary of the Livingston Lakes PUD. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The,project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit"A",PUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITS/SO.FT, ACREAGE± TRACT"R" RESIDENTIAL 327 36,4 11111 TRACT"P" PRESERVE 0 10.3 II-1 10 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit"A", Minor modification to all tracts,lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. C. • In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary(utility,private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 327 residential dwelling units may be constructed in the total project area. The gross project area is approximately 46.73 acres. The gross project density,therefore, will be a maximum of 6.99 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Given that Livingston Lakes PUD is proposed to be developed with multi-family dwelling structures, subdivision is not anticipated, nor required based on the present development intent. Should the development intent change such that subdivision procedures are required pursuant to the Collier County Land Development Code(LDC),the provisions of Division • 3.2.of the LDC shall apply. A. Prior to Final Local Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code,when ' applicable,shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code,however,removal of fill from Livingston Lakes PUD shall be limited to an amount up to ten percent(10%)(to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. II-2 2.7 USE OF DRIVEWAYS All internal vehicular accessways as shown on Exhibit "A", PUD Master Plan, shall be considered driveways,and shall be private. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C.of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS&FACILITIES Easements shall be provided for water management areas,rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing Livingston Lakes PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within Livingston Lakes PUD,the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development • Code. 2.10 MODEL AND SALES FACILITIES Models,sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Livingston Lakes PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4.of the Collier County Land Development Code. 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Livingston Lakes PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services 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 areas shall be screened with a security fence at least six(6)feet in height above ground leveL If fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan, no fencing is required. I1-3 • D. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan, erosion control is required,but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within Livingston Lakes PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6,4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 10.3 acres (25% of the viable, naturally functioning native vegetation on site)is required to be retained. 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3.of the Land Development Code,upon adoption of the PUD Ordinance and attendant PUD Master Plan,the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the • PUD. Thenceforth,development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. II-4 SECTION III RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract"R"on the PUD Master Plan,Exhibit"A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review,but shall not exceed 327 dwelling units. 3.3 USES PERMITTED No building or structure,or part thereof,shall be erected, altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses: 1) Multi-family dwellings. 2) Model units(See Section 2.10 of this PUD Document). • B. Accessory Uses: I) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Structures which house social, recreational, project marketing, administrative,or security facilities. 3) Small docks,piers or other such facilities constructed for purposes of lake recreation,for residents of the project. 4) Utility facilities and/or easements(including rights-of-way easements). 5) Signage(see Section 5.11 of this document). 6) Water management facilities/lakes. 7) Project sales/rental and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available. 111-I • 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the PUD property boundaries, individual parcel boundary lines, or between structures. Condominium/homeowners' association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA:One acre. C. AVERAGE LOT WIDTH: 150 feet. D. MINIMUM YARDS(Principal Structures): Front Yard:35 feet. Side Yard: 15 feet. Rear Yard: 30 feet. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. E. MINIMUM YARDS(Accessory Structures): Front Yard:Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached:20 feet. Attached: 10 feet,or where adjacent to a lake,0 feet from the lake control elevation. Minimum Distance Between Structures: 10 feet. Parking garages and\or carports must maintain a minimum distance of 10 feet from principal structures, when not attached to the principal structure. F. MINIMUM FLOOR AREA:750 square feet. G. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. H. MAXIMUM HEIGHT:3 habitable stories above the minimum flood elevation. 1) Accessory Structures: 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure. 3.4 BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: 1) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen berms and/or fences/walls. III-2 2) Landscape buffer;existing native plant types may be utilized and/or; 411 3) Earthen berms and/or; 4) Fences/walls:8 foot maximum height. B. Buffer Development Standards: In addition to the development standards set forth below,the provisions of Section 5.11 of this document shall also apply. 1) Land use buffers, berms, fences and walls may be constructed along the perimeter of the Livingston Lakes PUD boundary prior to Subdivision Platting (if required), and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement, 2) All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. 3) Except as provided for above, and in Section 5.11 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier County's Land Development Code. 4) Types and numbers of plantings for project perimeter land use buffers shall be submitted with Site Development Plan application(s). Plans shall depict how the perimeter land use buffers will be irrigated. • II1-3 • SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats,such as wetlands,in their natural state. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part,for other than the following,subject to regional,State and Federal permits, when required: A. Principal Uses: 1) Open spaces/Nature preserves. 2) Water management facilities. 3) Mitigation areas. 4) Hiking trails,boardwalks,shelters,or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. • IV-1 SECTION V 41) DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise,the standards and specifications of the Land Development Code of Division 3,2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer,his successor or assignee,shall follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement, These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract,parcel,or land use boundaries,or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code,amendments may be made from time to time, B. All necessary easements,dedications,or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Livingston Lakes PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Livingston Lakes PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. S V-I • c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C.1)of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of driveways. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Areas. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision(if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 5.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. A gatehouse/limited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Livingston Road,nor shall such facilities be located within the Livingston Road Right-Of-Way. B. All access points shall be consistent with the Collier County Access Management . Policy,Resolution 92-422. • V-2 C. Under the future four-lane condition, the developer shall be responsible for providing any required or necessary turn-lanes during the construction phase of the development. All costs of providing the turn lane under the four-lane condition shall be the sole responsibility of the developer. D. Presently, the segment of Livingston Road between Vanderbilt Beach Road and Immokalee Road(C.R.846),does not exist at the time of this PUD rezoning,but is programmed tc be constructed as a four-lane arterial roadway in the year 2002,with completion in 2003'. The present programmed improvement of that segment of Livingston Road is within the time-frame necessary to obtain all required permits to construct the proposed development. However, should the programming of the construction of that segment of Livingston Road be delayed,or the developer is able to accelerate the permitting process, the developer reserves the right to construct 1800-2000 feet of the northbound two-lane roadway from Immokalee Road south to the project entrance. Such roadway would be designed and constructed in accordance with County standards and approved by the Public Works Engineering Department for paving, potable water conveyance, sanitary sewer conveyance, and drainage, and would be dedicated to Collier County. For the developer's improvement of that segment of Livingston Road,the developer may be entitled to impact fee credits as provided for in Collier County Ordinances 92-22,and 98-69. E. The applicant shall be responsible for the installation of arterial level lighting at all project entrances prior to issuance of the first "permanent" Certificate of Occupancy. F. Project entrances shall be designed to preclude the backing-up of entering vehicles onto Livingston Road. If access is to be controlled by means of a gatehouse or card-controlled gate,the gate or gatehouse shall be designed, located and operated • so not to permit such vehicular backup. The minimum throat length for vehicle stacking shall be 100 feet. 5,6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans,is granted by Engineering Review Services. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. 5.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations.. V-3 • 'Category A Road Project 57. • B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County,and will be billed by the County in accordance with the County's established rates. 5.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per,or similar to,Section 704.06,Florida Statutes. C. Buffers shall be provided around wetlands,where possible,extending at least fifteen (15)feet landward from the edge of the wetland preserves in all places,and average twenty-five(25)feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. • D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish •Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site,with emphasis on the conservation/preservation areas,shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. A commitment to scheduling of initial exotic removal within all the preservation areas shall be a part of this plan. F. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan,Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. G. The PUD shall be consistent with the Environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element,and the Collier County Land Development Code at the time of final development order approval. H. At the time of the next development order submittal, the petitioner shall provide copies of their SFWMD, ERP applications and proposed mitigation for loss of wetlands on site. I. The impacts to the SFWMD delineated wetlands on site shall be mitigated at a ratio no less than 1:1 (acre for acre). V-4 J. The EIS shall he re-written and submitted for review and approval,within 90 days • of the BCC approval, so that a complete and accurate EIS is on file with Collier County Community Development and Envirotunental Services. A new red- cockaded woodpecker survey shall be conducted in accordance with the FGFWFC and USFWS guidelines,and submitted for review and approval,as an amendment to the EIS. Technical assistance shall be requested from these agencies during the review process. No further Collier County final development orders shall be approved until a complete and sufficient EIS is reviewed and approved by County Environmental Staff. 5.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with,or following the construction of the principal structure,except for a construction site office and model center. 5.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval, with the following exceptions: A. Project Promotion Signs - Two temporary ground or wall signs may be located within the Livingston Road Right-Of-Way at its intersection with Immokalee Road (C.R. 846)for the purpose of promoting the development,subject to the following requirements: 1) Any promotional signs shall not exceed 64 . square feet, excluding mounting surfaces or structures. 2) No promotional sign shall exceed a height of 8 feet above the lowest centerline of pavement in the Immokalee Road Right-Of-Way. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on Immokalee Road or adjacent roadways,or into adjacent residences, 4) The two temporary ground or wall signs which are allowed within the Livingston Road Right-Of-Way at the intersection with Immokalee Road shall only be permitted in the event that the developer constructs the northerly 1800- 2000 lineal feet of Livingston Road, and there is no complete segment of Livingston Road between Vanderbilt Beach Road and Immokalee Road. These signs would permit exposure of the project on the dead-end Livingston Road segment. Said signage shall be located in an area of the Livingston Road Right- Of-Way so as to not create a traffic safety problem,and shall be located in areas that would not impair the construction of the balance of Livingston Road. Upon completion of the segment of Livingston Road to connect Vanderbilt Beach Road with Immokalee Road, said signage shall be permanently removed from the Livingston Road Right-Of-Way. 5) Any such signage shall be approved as to the location and size by the Collier County Transportation Services Department. All expenses related to the signs shall be the responsibility of the Developer. • V-5 • 5.11 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Livingston Lakes PUD,except in Preserve Areas. The following standards shall apply: A. Landscape berms shall have the maximum side slopes: 1) Grassed berms 4:l 2) Ground covered berms 3:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical B. 'Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall For the purpose of this provision,finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases,the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, 1:1,or vertical). C. Pedestrian sidewalks,bike paths,water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 5.12 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document,all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code,provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners'associations. S V-6 ■ 0 1 ... 4 i i 1 4 i e Ramon Lmigtogroti ROAD r } _ ,. Z „ rt," Ch I ,. i • .II 4• hit ._._... Z r iii ' r ___, rn of • J� `' j r t v 1 + C t • TTTT 4 + i Cin/ \s, r.,/ e•■•■•■ ..4*4,4.4 i 4 61.1 1 Ill Xl 1 ' 1 . . . . . . . • . . • . . . . • . . . • • . . • . . r• Z ° r C Z 2 ..,. 7 A* _ 8 t . = c7,7.) ell 11 , g. _ri». T. :':Pty PLAN ». EiiillEini- -7--/ 11111111111111111■=1=1111•••■11.11 • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-18 Which was adopted by the Board of County Commissioners on the 23rd day of February, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 1999. DWIGHT E. BROCK. Clerk of Courts and C10 `00. •r,ti�w Ex-officio to. Bpa; dgf r , >e County Commissioners s'r , s' By Lisa Steele'; s • Deputy Clerk .,Y r .4r� ;r rift"' SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) • A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements,please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public,not more than five (5)feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may riot be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a fmal decision rendered. If the sign(s) is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE ill COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI- PL20 /i /� ( 3800 Via Del Rey SIG 'E a AP•LICAN OR AGENT STREET OR P.O.BOX Sharon Umpenhour Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was,sworn to and subscribed before me this 28th day of August,2014,by Sharon Umpenhour, personally known to:mei or who produced as identification and who dididid not take an oath. ▪ K I SEN.YA.EIMEA P 4rhe...t.. . • MY COMMISSION of Not&Pub lc EXPIRES: 12,2014 Bonded AW Nolay IMMMwYrs 1.'' 1M4ae r1 y A. .Self1 Printed Name of Notary Public My Commission Expires: (Stamp with serial number) 1 t P it I dyeµA► r itittitOfV +it fix,. • • tsq � M .y p P1i i,tC HEAPING gfT'M S+ ! rI1iIT 4.; * *tR A , ;.adr"21/2 14 S • ..,4 -* _ ,,...si. _, 1101ft ■ • 1 .Y r' c _ t(o� ^ ' PUBLIC HEARING A.,.c era.4 .*fl ♦de Na x rt.al or=q4 0.4 ASORMItiri 14 t ii TN bl,It AON'Wf ..;A IbC M:uwt>e a;W 4k x,D<M141DNiX �ihi iY iMiN+B -�� • AGENDA ITEM 4-C Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: SEPTEMBER 25,2014 SUBJECT: PETITION NO: PDI-PL20140000966,HERITAGE BAY PDI APPLICANT: AGENT: Cameron Partners,LLC Frederick Hood,AICP 11586 Quail Village Way Davidson Engineering, Inc. Naples, FL 34116 4365 Radio Road, Suite 201 Naples,FL 34104 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Heritage Bay PUD to allow the following change: • Revise the PUD Master Plan to add an arrow designating an access point with the label "Proposed One-Way EMS Only Access". GEOGRAPHIC LOCATION: The subject property, consisting of 2,562± acres, is located in the northeast quadrant of the intersection of Immokalee Road (CR 846) and Collier Boulevard(CR 951) in Sections 13, 14, 23 and 24, Township 48 South,Range 26 East, Collier County,Florida. The right-of-way along the western property line of the PUD is slated to become an extension of Collier Boulevard, but that event has not yet occurred. The road is currently known by several names, most commonly Broken Back Road. PDI-PL20140000966: Heritage Bay PDI Page 1 of 7 September 25,2014 ru!!1iill1 ': .. '41:• ' /asone...40;....1.0111.0.° ."Hltiaglrmillier'.11.4'. ''...1 (.1 r.•» ��i -fi . . 4,> , G111111111 _ 1 Ma .4' �_ e � 1 f 0, . t� = r*. III l� ■` Z I = -.: Z ' I(�v�tv .„,„,,,,,,,,,:i 44r1liS tfii.ifj p _1_y '# ,. N ...(-. 7: ' il! r„..,.. _ , .,1 .......,:t..."TimilPizi., __.„ ,L....1_ ___-----7---- z II,.. ,_._10,10,77., % / .1 veil; i:,4.4 IAJ 2 Al. ;:f„.....: :Ii-. E.:.::. __ ,,.,.... CD CD CD ►Y' ;� °Doi®' ! ,n o - -1111 1 ii-Fr5).“1.1 lib Maw ` - ui`ii 1 I �• i a"`3 N II_ J d TM 0/ion O D 0- it w Z h \p\ R b 33 i7. ui . oil 3I:^ a 3 A1Nf100 33l + i ii 1 F ! tt Jr.-'- �� • :)1 {I i 4 j * ( TI1 Ii- a W W� 1 6 ' n9 1 - ---1 3 t ass 1 ff II' 1 t 211 ".{-- , i ,'_ , — ii a 4 ® L :Pa z n 3'' r HERITAGE BAY PUD + t k. 4 Q , .. x '� Ylliks it Qt. ti■ NS r . x! f L 'Tom'»0, -- S�iin9nr ,< r y .■ ' 1 ig"; CMiA.C4� '. iC-AF!!wr : 1 IT 1 ,--1 lii MO it:1r...” '.. " '''''.'p ,,tf 2 .,. 0 Iii 0 sor.1 Aerial Photo(Collier County Property Appraiser) 1>, i ►' Ak- T '1!4 ;!*a�_ __ ,t- .raj ,�r•(ii, V t .1.-4 i j .. C,) 4 , .: 4 x Detail of the Southwest Corner of the Heritage Bay PUD(indicating the location of the proposed access point) PDI-PL20140000966: Heritage Bay PDI Page 3 of 7 September 25,2014 PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Petitioner wishes to construct a medical office building with emergency services facilities. In order to have access directly from the future Collier Boulevard, the Petitioner wishes to add an additional access point for emergency service vehicles only. ANALYSIS: The proposed new access point - for emergency service vehicles only - was analyzed by Transportation Planning Staff and, because of its limited nature, was found to have a minimal impact on the existing and future traffic flows. PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set 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 have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5)acres in area? 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? PDI-PL20140000966: Heritage Bay PDI Page 4 of 7 September 25,2014 No, the proposed amendment will not increase the size of institutional, commercial, or 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? Since the additional access point is for emergency service vehicles only, 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? Because the additional access point is limited to emergency vehicles only, the proposed change 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 change will only affect access by emergency vehicles via a future major road. 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 PDI-PL20140000966: Heritage Bay PDI Page 5 of 7 September 25, 2014 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. Due to the limited nature of the access point, a substantial deviation to the Heritage Bay DRI, will not be created. 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. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? 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 a NIM for PDI petitions. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for PDI-PL20140000966 on September 8, 2014. HFAC STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140000966. Attachments: A. Application B. Heritage Bay PUD(Ordinance 03-40) PDI-PL20140000966: Heritage Bay PDI Page 6 of 7 September 25,2014 PREPARED BY: P „ 9— e FRE REISCHL,AICP, PRINCIPAL INCIPAL PLANNER DATE PLANNING AND ZONING DEPARTMENT REVIEWED BY: RAYM►V D V. BELLOWS,ZONING MANAGER DATE PLAN G AND ZONING DEPARTMENT MICHAEL BOSI,AICP,DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PDI-PL20140000966: Heritage Bay PDI Page 7 of 7 September 25,2014 [TflrYt 3 i `i{ B 1 ! , R 1 , K�ICI:l1U..0 101[0 '+ 8 ff7 . ....... ..GKYTUAk HMO .,Wif10P_9) �' A III : i . t a E :. .41 y • . .. M �-T . . •...� .8 1 y��r►�_=E'181 *":11ea,.ow 1 1111111linid10111111 '1.11111:11111111111111.1, ?Is . . f( .. 41:1[ xr, r N It a 4--. .,, `._l q .. is P '01 .rii 1P,_ ...�-r'-.-r--r-:2's. ..• V j �:vG y�.�t�ry ..Ly'�7 i X00 �.} .� i.Y i< T ��] )' T TtiT Otliciali. t 7 :..„....„„;#,, . . .. . . _ i .-,-1 , . ..,4 511 1 ...Goo ouog il , Ili I. Y ;_ 1.��ii x ; 12.,„;,. ESN Q^ r •i RrrZ�� w 1 FA r1 1tR A t Ili IN_ pswca ' '" i �O6OIJ la IjU . O .. .0 6 V O O . _aaa aka, g A A A A A AAA A 11--- I; ( MASTER CONCEPT PLAN HERITAGE BAY lAil i ,r N ( PREPARED FOP US.HOLE CORPORATION 7 ::= DE PAYI4P.QN • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Completed PDI Application &Attachments www.davidsonengineering.com S9t&9ntY • 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 APPLICANT CONTACT INFORMATION Name of Applicant(s): Thomas Carollo, Cameron Partners, LLC 411 Address: 11586 Quail Village Way City: Naples State: FL ZIP: Telephone: (239)860-2317 Cell: Fax: E-Mail Address: carollocarr @aol.com Name of Agent: Frederick Hood, AICP, Senior Planner Firm: Davidson Engineering, Inc. Address: 4365 Radio Road, Suite 201 City: Naples State: FL Zip: 34104 Telephone: (239)434-6060 Cell: Fax: (239)434-6084 E-Mail Address: fred©davidsonengineering.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑ Yes E 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 of 5 Cot tr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX:(239)252-6358 3. If applicant is a partnership, limited partnership or other business entity,so indicate and name principals below. See Attachment"A"for the Principals of Cameron Commons,LLC ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. U 5. If applicant is a lessee,attach copy of lease,and indicate actual owners if not indicated on the lease. C 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. See Attachment"B"for the Detail of Request. PROPERTY INFORMATION I PUD NAME: Heritage Bay PUD ORDINANCE NUMBER: 03-40 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 Attachment "C"for the Legal Description. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑ Yes L No If no, please explain: Has a public hearing been held on this property within the last year? ❑Yes ❑ No If yes, in whose name? Has any portion of the PUD been El 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. See Attachment"D". 2/6/2014 Page 2 of 5 CO er COUnty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST 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 #OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) Pre-Application Meeting notes 1 ®, Project Narrative,including a detailed description of proposed changes 51 © and why amendment Is necessary Detail of request Current Master Plan&1 Reduced Copy I Revised Master Plan&1 Reduced Copy Q Revised Text and any exhibits List identifying Owner&all parties of corporation 2 13 Affidavit of Authorization signed&notarized 2 13 Completed Addressing Checklist 1 Copy of 8'A in.x 11 in.graphic location map of site 1 x Electronic copy of all documents and plans • *Please advise:The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: ❑ PUD Amendment Insubstantial(PDI):$1,500.00 ❑ Pre-Application Meeting: o Planning and Zoning Fee-$500.00 Li 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 -m nt Division/Planning and Regulation UN:Business Center 800 North Horseshoe Drive Naples,FL 34104 ,. '" ./1 Lz,'\\'a.Y4 Amor Oka nt/0 e �_na ' Date Thomas Carollo,Manager,Cameron Partners,LLC Applicant/Owner Name(please print) II/ 2/6/2014 Page 3 of 5 it DE • ATTACHMENT "A" LIST OF PRINCIPALS FOR CAMERON PARTNERS, LLC Owner: Percentage of Ownership: Cameron Partners, LLC 100% 11586 Quail Village Way Naples,FL 34119 • Managing Partner: Thomas Carollo 33.33% 11586 Quail Village Way Naples, FL 34119 • Partner: John Jiganti 33.33% 190 S.Lasalle St,Suite 1700 Chicago, IL 60603 • Partner: Vincent Foglia 33.33% 3909 Three Oaks Rd Chicago, IL 30013 • • Heritage Bay PUD-PDI: List of Officers I www.davidsonengineering.com June 2014 DE ATTACHMENT "B" PROJECT NARRATIVE AND DETAIL OF REQUEST The applicant is formally requesting an Insubstantial Change to the Heritage Bay PUD (Ord. 03- 40) Master Plan.The change is required to secure an additional,one-way, EMS-only access drive from the adjacent 951 extension right-of-way. The proposed medical office land use that it is intended to service is permitted within the PUD.The location of the proposed project is on Tract 1 of the Cameron Commons Unit 1 Plat; which is contained within the Heritage Bay PUD. The subject property is located north and east of the intersection of Immokalee Road and the 951 Extension right-of-way;currently known as Broken Back Road. The proposed access drive will be for emergency medical service vehicles only that will service the proposed medical office. Access from the 951 Extension right-of-way shall be one-way only and will be 20 feet in width connection the subject property to the adjacent right-of-way. Section 2.9 B.2 of Ord. 03-40 provides for the following minor changes or refinements to the PUD: "Internal realignment of rights-of-ways, including a relocation of access points to the Heritage Bay PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for." 4111 Because this request is not considered to be any of the listed minor changes as they relate to access that can be provided administratively, the proposed access drive and its location have been deemed by Collier County Growth Management review staff to fall within the purview of an Insubstantial Change to a PUD application. Heritage Bay PUD-POI 1 Project Narrative June 2014 www.davidsonengineering.com ................. DE PAYIRP9J • ATTACHMENT "C" LEGAL DESCRIPTION TRACT 1, CAMERON COMMONS UNIT ONE, ACCORDING TO THE MAP OR PLAT THEREOF DESCRIBED AS RECORDED IN PLAT BOOK 49, PAGES 43 THROUGH 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Heritage Bay PUD-PDI Legal Description June 2014 www.davidsonengineering.com DE ATTACHMENT "D" PROPERTY INFORMATION 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 provide on a separate sheet. Response: The subject property is currently under a contract for purchase agreement. The proposed insubstantial change to the PUD is for the provision of an additional, one-way drive from the adjacent 951 extension right-of-way. The proposed driveway is for EMS-only access. The proposed medical office land use that it is Intended to service is permitted within the PUD. The location of the proposed project is on Tract 1 of the Cameron Commons Unit 1 Plat;which is contained within the Heritage Bay PUD. • Heritage Bay PUD-PDI I Property Information June 2014 www.davidsonengineering.com DE DAVNDSON ATTACHMENT "E" PUDi CONSIDERATIONS E. Changes and amendments. There are three types of changes to a PUD master plan: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in LDC section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section,a substantial change shall include any of the following: a. A proposed change in the boundary of the PUD; Response: N/A b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; Response: N/A c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such,or 5 acres in area; Response: N/A d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; Response: N/A e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; Response: N/A 410 heritage Bay PUD-PD1 1 PUD]Considerations June 2014 www.davidsonenginecring.com DE PAYL9P9J • f. A chang e that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; Response: N/A g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Response: N/A h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; Response: N/A L Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; Response: N/A j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13;or Response: N/A k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s)any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 Response: N/A Heritage Bay PUD-PD1 PUDI Considerations • June 2014 www.davidsonengineering.corn DC DAVIDSON LDC subsection 10.02.13 E.2: 1. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An 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 Planning Commission. The Planning Commission approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting a. The applicant shall provide the Planning and Zoning Department Director documentation which adequately describes the proposed changes as described in the Administrative Code. Response:The proposed insubstantial change to the PUD is for the provision of an additional, one-way drive from the adjacent 951 extension right-of-way. The proposed driveway is for EMS-only access. The proposed medical office land use that it is intended to service is permitted within the PUD. The location of the proposed project Is on Tract 1 of the Cameron Commons Unit 1 Plat;which is contained within the Heritage Bay PUD. 411 - Heritage Bay PUD-PDI PUDI Considerations June 2014 www.davidsonengineering.com DE • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Pre-Application Meeting Notes 410 • www.davidsonengineering.com PRE-APPLICATION MEETING NOTES 8 SUBMITTAL CHECKLIST ® SDP • ❑ SDP Amendment PL# 2014-0966 Date: 5-29-14 Firm: Davidson Applicant: Jos/ / Project Name: Cameron Commons Medical Proposed#of Residential Units: Proposed Commercial Square Footage: 40K Project Addr/Location: Cameron Commons—Heritage Bay Size of Project Site: acres SDP#for Amendments Zoning/Cond. Use/PUD: Heritage Bay Ord./Res.#: (Circle One) Is SDP within a plat? Provide name and AR#: Cameron Commons Tract 1 Meeting Attendees(attach sign in sheer) Assigned Planner: Fred Reischl • $ nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieraov.net • 1 SITE DEVELOPMENT PLAN (SDP)APPLICATION,(SDPA)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WiTH THE APPLICATION PACKET • ITEMS MUST BE IN THE EXACT ORDER LISTED BELOW - • A COVER SHEET MUST BE ATTACHED TO EACH SECTION NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF ' NOT COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project 12 X SDP application(completed&signed) 12 d X Site Development Plan(signed&sealed)including cover sheet(LDC 10.02.03.8.1.b.) 12 ^ X PUD document(if zoned PUD)or Conditional Use on CD 2 X Addressing Checklist 1 X PUD Commitments per LDC Amendment Ord.No.08-63,Sec 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/Galeway 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 ""TO BE INCLUDED ON SITE PLANS: Native vegetation retention/mitigation plan,Section 3.05.07.8 , "12 X Site clearing plan/vegetation inventory,(LDC 10.02.03.B.1.1.xii,LDC 10.02.03.8.1.d.) •'12 X If Bearing or filling outside infrastructure is requested,differentiate on site clearing plan(using "12 hatching and legend)the infrastructure dearing,stockpile,and lot prep Bearing as allowed by VRSFP regulations. Provide separate acreage calculations for each type of deoring requested (LDC 4.06.04 A) Aerial photographs(token within the previous 12 months min.scaled 1"=-200'),showing FLUCCS "12 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.11.(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.li.(e) 1 X Notarized letter of authorization from property owner designating applicant as agent(LDC 10.02.03.8.1.o) i 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 4 PUD monitoring report Property ID number and legal description 1 X Fee Calculation Worksheet&Review fees,signed 1 _ X • JUNE 2011 I Coder 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 GIS; Copy of Site Development Plans(DWG or DFX format)on CDROM disc in State Plane NADB3 feet Florida Ease Coordinates(LDC 10.02.03.B.1.b.i1i) 1 X p LANDSCAPE&IRRIGATION REVIEW: Landscape Plans(signed&sealed),(LDC 10.02.03.6.1.c.)(LDC 4.06) 7 X Irri-anon Plans LDC 10.02.03.B.1.c LDC 4.06 7 X ARCHITECTURAL OR NON-ARCHITECTURAL REVIEW: 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 5.05.08.0.10 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 point chips or samples(LDC 5.05.08.G5.o) ✓ Floor plans and building elevations O 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 w/dimensions. This information.showina floor area by use.is intended only to determine that the use 1s comoatible with the zoning.establish parking requirements and show building height meeting Code.If the project Is fief 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 drawin.s are not needed. ENGINEERING/STORMWATER: Drainage calculations signed&sealed by a professional engineer licensed in the State of Florid. 3 Estimated cost of construction of Roadways,Paving&Drainage 1 SFWMD permit,permit modification,or waiver(LDC 10.02.03.11.1.1.)including staff report 3 exhibits ingineer's Report with Assumptions&Explanations per Ord.2001-57 include 25-year 3-day 4 storm routin. Excavation permit application Hydraulic Grade Line Pipe calculations for culverts ✓,� Ughting Plan(multi-family) Engineering Review Checklist Signed by a Professional Engineer UTILITIES: Estimated cost of utilities construction,Water&Sewer calculations signed&sealed by a Professional Engineer licensed in the State of Florida IF COLLIER COUNTY- Engineer's Report,signed&sealed, containing the following: ✓ Sewer Hydraulics I ✓ Lift station hydraulics to first downstream master station ✓ Lift station buoyancy calculations —— ✓ Chloramine Dissipation Report ✓ Fixture Count Water and/or Sewer availability letter Fixture Count DEP utility installation permits(water/sewer)(LDC 10.02.03.8.1.1.1) 1 [. • Utility Review Checklist 1 1/ JUNE 2011 minty emr00.1!°"%0%.0.00'sworC°COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coil!ergov.net • TRANSPORTATION: Traffic Analysis 7 Copy of Traffic Impact Statement(Tim)on CDROM 3 x Right-of-Way permit aptlkotion(County/FOOT) 1 ENVIRONMENTAL: Environment Impact Statement—printed copies 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 pions;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 Vegetation Removal&Site Fill Permit application 1 USACOE permit and exhibits,(LDC 10.02.03.5.1.x.) 1 Approved wetland Jurisdictional lines(less than 3 years old) 1 Agency accepted UMAM/WRAP scores FIRE: Fire Flow Test from Fire Department(no more than 6 months old),(LDC 10.02.03.B.1.b.fl.(d)(I1) 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,occvpancy/use,fire sprinkler data(NFPA 1141),(LDC 10.02.03.B.1.ii.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(LDC10.02.07),including the ,/ 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)Recelvina Land Areas: Applicant must contact Mr.Gerry J.Lacovera,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 copy of signed Certificate of Agreement. A School Concurrency—School Impact Analysis Application,residential prolects only 2 MISCELLANEOUS: Other required permits: ❑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 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6368 • www.colliemov.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:.�^ - y�I [{` �y ` C [' !� 1 Cc)KiC\� Lt � S5 4 1 r,...\ '�\1ct {,rG \[`J �l. a r[a. }L�31t4' C k C`1'4• c'S 'r tk ? 6 .`y).1a ui t Sc\jc N.0.-NA 1,, 1 . ..117+-. TA Rtr..A poriL • �C � � . . �c� C- p — l� C`Ot� N(NT\.0 Cn.I CZActir,.ft5t� - �JA41~It 3. Alva tees A)rra Sh,e!a1,er :ne0 Orkaes. SC tnnnerfr`v AI 014 TJ Aierr2 tnlrT+ 5+2+ Arm rivq- Pita Al! 4 f chts flll{A IpA ff TER, to-n5 izueI /0140- iiAsj.,' otd5 J_IS ltwls�r J4 5�per sp. 'r'=)�oY (Ala! # boc lr's e tpl yes). Sr €411 oar ca 4f CS-r eet 4040,ow lie C Pie . 1 , CJIL., i C ititl � IIIRMILMEMENOMIMINIMMIEMMEIMPIL Itr 5-0 —7 Willr&MME. ) r '' �nr/ (mad V { . .V kL 0,G,t)t (sew w L t v1 JT ✓4A. ‘k h. Di of <A4.4+.3 NA an,), ( QQ. (n i .L . ., j»9t rat°- G4,d4 Ex-ALOE — ate' n '� � � ( 4l c r how . 10` - t lictoNAN i6‘re A,- . 1C" ./ .. .L zL 1 1\44.1-4 Y100--/-‘ ,`fi • E)1,..s.0,14.-x'zr. \CI.,:-4,11-1.31 roictst) 8 1 • N-.`Q 10(.4.1,JUNE 2011 Additional Notes: P ii4//rf- air /drte' / 67),r. s. .P` ("'fir P , ?( j dI(49 '4 la-100, OtTa-7 r . - eXl it4 4 cc bao. "Ak4 cl t f's. t t 6.T&ta- PLIP cY I to 4 L Oc3 wet-Le S n.G c /4,/egt 1 1.r %J 726140(0..4^tee - lJ( c 74.6 Act- $A-c4-7 efrol �'c% u��'fw,,► • • 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.collieraov.net Fee Calculation Worksheet-Site Development Plans ❑ Residential only: $5,000.00 Plus$100 per residential structure, plus$40 per dwelling unit $ Number of Buildings: Number of D/U: ® 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) $ ❑ $200 Fire review $ SDP Amendment.ReyJeyyFew Base fee$2,500.00 1] 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 $ flag Review&inspection—Utilities(Rem IgH1 as . :-- •g. ,,• : I r, .■ P'Construction document review—0.75%of probable water/sewer construction costs Cost Estimate$ $ construction inspection—2.25%of probable water/sewer construction costs Cost Estimate$ $ PiedRevfeyv&inspection—Roadway.Paving&_Q ajnage , [( onstruction 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:($3,000 maximum) l .1 /R..,:N t . ..:.- — ..1. ..: °...= f: r, f :, a ,:.-*•- -;r :, -_ .,• - =;..; . ac a separate check for transportation review fees)$ Right-of-way y Permit-Submitted directly to the Transportation Dept. with applicable fees(774-8260) Wipes I Utilities Modeling and Analysis Fee-$1,000 (per Resolution No. 08-53), applies only if zoned PUD/DRI $ IP JUNE 2011 9nty COLUER 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 • meter Fees ❑ $2,500 Environmental Impact Statement review $ ❑ $1000.00 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 Jess than 5 go ; ❑ $400.00 for CE area between 5 acres and 10 acres;$600.00 for CE area creator 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. [i07DA 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 4th Review= $1500 5th Review= $2000 6'h and subsequent reviews =$2,500 • Additional Review Fees for amendments to SDP (resubmittals): 3"' Review= $1000 41° Review= $1500 5'h and subsequent reviews=$2,000 Additional Review Fees for Insubstantial Change to SDP(resubmittals): 3"' Review=$1000 4th Review= $1500 5th and subsequent reviews =$2,000 Additional Review Fees for EIS (resubmittals): and Review=$1000 4th and subsequent reviews =$500 • JUNE 2011 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)262-6368 • www.collieroov.net Pre-Application Meetings Fee=$500 Fee will be credited toward application fee upon submittal with the following exceptions: 1. Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees and a new application meeting will be required. 2. Second and subsequent pre-application meetings, at the applicant's request, shall not be credited towards application fees. Second and subsequent pre-application meetings at staffs request will be held at no charge to the applicant. Project Meetings 1. Meetings with Land Development Services Department Project Manager per applicant request, site plan reviews and land use petitions in progress, $150.00 per one hour minimum, $75.00 per%hour thereafter. 2. Additional Land Development Services Department staff attending meeting per applicant request, $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%hour thereafter. S JUNE 2011 Coder 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.colliemov.net • EXCAVATION REVIEW FEES REVIEW FEES: ❑ Private: $400.00 ❑ Commercial: $2000.00 ❑ 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 22-111 of the Code of Laws and Ordinances, Ord. 04-55 2. Attachment"B"-For commercial applications, a list of names and addresses of nearby property • owners as required by Section 22-111(3)d of the Code of Laws and Ordinances, Ord. 04-55. 3. Attachment"C"—Evidence provided by applicant that the excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. If owner is partnership, limited partnership. 4. If owner is land trust, so indicate and name beneficiaries; If owner is corporation other than public corporation, so indicate and name officers and major stockholders; If ownership is partnership, limited partnership or other business entity, so indicate and name principals. 5. Provide the following information on the Planting Plan for the LSPA: calculation table showing the required area for the Littoral Shelf Planting Area(LSPA); show the control elevation and the dry season water table (NVGD);the maximum water depth and estimated number of months of flooding for the range of planted elevations with the LSPA; a plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; planting locations of selected plants; and details of the appropriate signage denoting the area as a LSPA, • JUNE 2011 Co lier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)2524358 www.colllerpov.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 co' e1 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.collieraov.net • SDP/SIP DATA TABLE,RECOMMENDED FORMAT 1 7onlna,Subject Property 3 Surrounding(example) SUBJECT PROPERTY: PUD(Westview Plaza) SURROUNDING: N I(Industrial) S Gail Blvd ROW,then E(Estates) E RSF-3(Residential) W PUD(Westvlew Plaza", Setbacks, Interior Lots(example) SITE DATA REQUIRED PROVIDED FRONT YARD 25' 50' SIDE YARD#1 (NC) 15'or 1/2 BH(BH= 30) 15.5' SIDE YARD#2(S) 15'or y BH(BH= 30) 25' REAR YARD 25'(PRESERVE SETBACK**) 25' Setbacks.Corner Lots/Lots having more than one street Frontage(example). SITE DATA REQUIRED PROVIDED FRONT YARD#1 (NEC) 25' 25.5' FRONT YARD#2 (SE) 20'(REDUCED 2"D 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) [ 20'(512111 =40',1/2 X 40'=20') Building height (example) REQUIRED PROVIDED 75' 50' Residential minimum Floor area (example) -REQUIRED....... . OVIDED 1,200 sq ft 1,850 sq ft • JUNE 2011 From; 05105/2014 12;42 #275 P.001/003 IP C...1 g...„;.,...„...County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (238)252-5724 . WWWCGLI11119VNT TMh C y / Please complete the following and fax to the Operations Department at 238.252.5724 or submit in person to the Addressing Department at the above address. form must be sinned by Addreaslpo personnel odor to ors. .. application meetlna,Please show 3 days fqj a ng. 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,oomplele a separate Addressing Checklist for each Peh?lan type) ❑ BL(Blasting Permit) SOP(Site Development Plan) ❑ BD(Boat Dock Extension) SOFA(SDP Amendment) Carnival/Circus Permit SOPI(Insubstantial Change to SOP) CU(Conditional Use) SIP(Site tmprrsvememt Plan) EXP(Excavation Permit) SIPI(Insabttatttlal Change to SIP) FP(Final Plat R(Street Name Chime) ti-A(Cart Line Adjustment) $NC(Street Name Change—Unptatted) PNC(Project Name Change) TDR(Transfer of Development Rights) PPL(Plans&Plat Review)) VA(Variance) PSP(Preliminary Subdivision Mat) VRP(Vegetation Removal Permit) PUD Rezone VRSFP(Vegetation Removal&Site Flit Permit) ❑ RZ(Standard Rezone) OTHER, LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Cameron Commons Unit One Tract One e' g,2(; j 23 FOUO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) 25118010022 STREET ADDRESS or ADDRESSES(as**able,if already assigned) No Site Address • 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 Of applicable) ■// /View "AI" aped reef PROPOSED STREET NAMES(1 applicable) N/A SITE DEVELOPMENT PLAN NUMBER(Tor existing pnlieets/sites onN) SDP or AR or PL it • r.� From: 05/05/2014 12;43 #275 P.002/003 • .91kC y COLLIER COUNTY GOVERNMENT Z900 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (238)2524400 FAX (238)2524724 www►.COLustas V.NE7 Project or development names proposed for,or already appearing In.condominium documents al applhca6on; Indicate whether proposed or existing) Please Check One: N] Chedcist Is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Jessica Harrelson, Project Coordinator PHONE 239-434-6060 FAX 239-434-6084 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 err FLN Number(Primary) 2./I fOi'Q 022. Folio Number, Foiio Number Folio Number Approved by t a i Date: 5 4-/41 Updated by; Data: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ,' 'I ...____........... . .„ ......._.„.......... .............._ From: 05/05/2014 12:43 #275 P.003/003 11111 t.oilier s-ourity rropercy Appraiser Pap 1 of Property Summary r Parcel No.125119010022 I Site Adr.; '--1 CAMERON PARTNERS LLC - — —._--- , .. 1 1185E6 QUAIL WAY • I I 1- ----, ----r——--- I.__ city i NAPLES ..._ .....1......... Map No .....__Si_r in No. , Section T- Township L Range Acres *Estimated 1 ---- --- EMS 266300 I 3.3823 I .,23 J L. Legal CAMERON COMMONS UNIT ONE TRACT I .----- I -1_7---kelkilitAULL-0 222 ... ......._ *..**. Sub./Condo 200300«CAMERON COMMONS UNIT ONE School Other 1 Total t—-----•----- . „,____ I 1/xe Codo0 1.10.VACANT COMMERCIAL 5.69 1 S.7427 j 11.4327 • Latest Sales History 2013 Cerdflad tax Roll imat 0 Saks are NW due to Confidandellty) _ , ____ 4111 . Date j Sook-Pege I Atriount I Land Value 1 $L097,7121 ■ (41 Improved Value $0 i r(a) Marion%Padua $1,097,712; lg.) 'tanned Value $1,097,712, (id) school Taxable Value I $1,097 712j I 00 Taxabla Value $1.°974711 liziv...i..sbni'tm*Ewe aqua,0 fhb parcel was created after the FIRM Tax NW 11111 hatinllwww.collierappraiscr,comitnain_saarobfit000rddatail.hon17MarNo&PolioNaro-2.5118010022 5/5/2014 15 c 4110 o ..,.. C - 00cocco c , co (1.) ru =5 • 115 1 8 I; 15 c . 5 c 5 > col; 0 0 to ‘. ... ... -5 LI 1 ..-- U) z .e T it 5/. JR pi-5 0 a 0 > % v E V ii .. N cm (D la = gvoarg 's .y2000680 kz. i .7. co 3 E encl 02)Az "co i 11) 04 acc 1 09 "on," 09>1 t *6° 12E 'Cg2 13 134.• 4or .. 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A w z DE P��Y�4�oN • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Approved Addressing Checklist • • www.davidsonengineering.com From: 376/08/2014 08.58 1285 P.001/002 • woctigrimoic4(n4ntY COWER COUNTY GOVERNMENT 2500 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (2al$)262.2400 FAX (23S)2524724 WWW. !RDOV.NET ''•ADDRUSING PH5CKU,ST . Please complete the following and fax to the Operations Department at 235-2524724 or submit in person to the Addressing Department at the above address, porn must be signed by Addressing meows!, prior to pre- ago(icatior msatino.nlsas4 allow 3 days for ero esstrtg. Not all Items will apply to every project. Items In bold type are required. FOLIO MUMMERS MUST BE PROVIDED. Forms older than 6 months will require additional review end approval by the Addressing Department. PETITION TYPE(lndloate type below, oowlets a separate Addressing Checklist for each Eton type) 8L(Blasting Permit) SDP(bite Development Plan) BD(Boat Dock Extension) SDPA(SDP Amendment)Carnivel/Circua Permit SON(Insubstamt�Change to SDP) CU(Conditional Use) SIP(She Improvement Plan) EXP(Excavation Permit} SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) SNC(Street Name Chage-Unpiattad) III PNC(Project Name Change) TOR(Transfer Development Rights) PPL(Flare&Plat Review) VA(Variance) PSP(Preliminary Subdivision Plat) VRP(Vegetation Removal Permit) PUD Rezone VRSFP(Vegetation Removal 3 Site Fill Permit) ❑ RZ(Standard Rezone) im OTHER POI LEGAL DESCRIPTION of subject property or properties(copy of lonfahy description may be attached) Cameron Commons Unit One Tract One 7-q 1r_ 4, S,2 3 FOUO(Property ID)NUMBER(s)of above(attach to,or assoc/ste vet,leg'*descrfptkm lf more than one) 25118010022 STREET ADDRESS or ADDRESSES(as applicable,it already assigned) No Site Address • LOCATION MAP must be attached showing exact location of project/sae in relation to nearest public road ttgh t- ofrway • SURVEY(copy .needed only for unplatted properties) // PROPOSED PROJECT NAME(il eppldaa6te) flee r Tll�2 �.A.y Pia) PROPOSED STREET NAMES(!applicable) ! NA SITE DEVELOPMENT PLAN NUMBER(for existing projects/0o only) SDP o A r PL# .�g ,L.,,, _.,,_ • From: 08/08/2014 06:59 5285 P,002/002 • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (285)252.2400 FAX (239)252-5124 W WW.cOWERGOV Project or development names proposed for,or already appearing in,condominium documents(it application; indicate whether proposed or existing) r , °Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Jessica Harrelson, Project Coordinator PHONE 239-434-6060 FAx 239-434-6084 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) .2;11 f¢11162 2 Folio Number, Folio Number, Folio Number A pprwed b y: 4116 Date: / 9*"r Updated by: / Oats: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED S DE DAVIDSON HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Affidavit of Authorization & State Corporation Information www.davidsonengineering.com Co er County • COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I,Thomas Carollo _(print name),as Manager (title,if applicable)of Cameron Partners, LLC (company,If plicable),swear or affirm under oath,that I am the(choose one)owners applicantQcontract purchaser and that: I. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. Well authorize Davidson Lnglneeering,Inc. 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." III • 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 ropriate format for • t ow nership. / Under pena ` • of ,er)ury,I decla t I have read the foregoing Affidavit of Authorization and that the facts stated in e A0K/ / ./;00--,-.. .Ze irrgnat '` — Date STATE OF FLORIDA COUNTY OF COWER The foregoing instrument was sworn to (or affirmed) and subscribed before me on e∎`c \" (date) by Thomas Carollo (name of person providing oath or affirmation), as Manager,Cameron Partners,LLC who Is personally known to me or who has produced (type of identification)as identification. h P - STAMP/SEA ` J" "-'•• r iv i na ure of Notary P be moot MAMIL1 ''°'.r a*' Meted Ptak•WM N fiords CP1tHFC'OMMI)5's Cli �'Comm.ERFWOF MFy 11,ntr • ,,,z„-, Commission•FF 91•251 2/6/2014 doadeti Thfough Ulan'Wary Aua. Page 4 of 5 1 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT#L04000008418 Apr 20, 2014 Entity Name: CAMERON PARTNERS, LLC Secretary of State CC1811566188 0 Current Principal Place of Business: 11586 QUAIL WAY NAPLES, FL 34117 Current Mailing Address: 11586 QUAIL VILLAGE WAY NAPLES, FL 34119 FEI Number: 20-0694265 Certificate of Status Desired: No Name and Address of Current Registered Agent: CAROLLO,THOMAS C 11586 QUAIL WAY NAPLES,FL 34117 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 Authorized Person(s) Detail : Title MGR Title MGR Name JIGANTI,JOHN J Name FOGLIA,VINCENT W Address 190 S LASALLE STREET,SUITE 1700 Address 3909 THREE OAKS ROAD City-State-Zip: CHICAGO IL 60603 City-State-Zip: CARY IL 60013 Title MGR • Name CAROLLO,THOMAS C Address 11586 QUAIL WAY City-State-Zip: NAPLES FL 34117 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 lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered SIGNATURE:THOMAS CAROLLO CAROLLOCARR @AOL.CO 04/20/2014 M Electronic Signature of Signing Authorized Person(s)Detail Date • DE PAYM9.11 41) HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Emails from Ray Bellows (Regarding Pre-App Meeting and PDI Confirmation) • _ _ 4110 www.davidsonengineering.com ............................................... . ... Jessica Harrelson 0 From: ReischlFred <FredReischl @colliergov.net> Sent: Monday,June 09, 2014 10:58 AM To: Jessica Harrelson Cc: LevyM i ch ael Subject: RE:Cameron Commons Unit One-Tract 1 The pre-app we had last week will work for the SDP and the PDI. From: Jessica Harrelson [mailto:Jessica @davidsonengineering.com] Sent: Monday,June 09, 2014 8:53 AM To: ReischlFred Subject: RE: Cameron Commons Unit One-Tract 1 Fred, Can you confirm the pre-application meeting waiver for the proposed PDI application,so that I can include a copy within the submittal? Thank you. Jessica Harrelson Project Coordinator jessica(U davidsonengineerinq,com • DE DAVIDSON E N G I N E E R I N G www.davidsonengineerinq.com Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer: This email,along with any files transmitted with it,is for the sole use of the intended recipient(s). Any unauthorized review,use,retention, disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. From:Jessica Harrelson Sent:Friday,June 06,2014 11:14 AM To:ReischlFred (FredReischl @colliergov.net) Subject:Cameron Commons Unit One-Tract 1 Per the discussion at the SDP pre-app meeting on 5-29-14 regarding the need for a PDI application to provide an additional limited access for emergency medical service vehicles,via the 951 Extension,we respectfully request a waiver for the pre-app meeting requirement for the pending PDI application. 0 Thank you. 1 Jessica Harrelson From: BellowsRay <RayBellows @colliergov.net> IP Sent: Monday,June 09,2014 11:18 AM To: Reischl Fred Cc: Josh Fruth; PodczerwinskyJohn;Jessica Harrelson; Fred Hood Subject: RE:Cameron Commons Medical PDI The PDI process has been utilized in the past to add an additional access point. The revised PDI procedures and standards still allow this type of change. Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division-Planning & Regulation Telephone:239.252.2463; Fax:239.252.6350 Co e r Cvuanry From: ReischlFred Sent: Monday,June 09, 2014 11:01 AM To: BellowsRay Cc: Josh Fruth; PodczerwinskyJohn; Jessica Harrelson; Fred Hood Subject: RE: Cameron Commons Medical PDI Ray- The PDI would be to add an additional access point for EMS only.Would that qualify for a PDI? From: Podczerwinskyiohn Sent: Monday,June 09, 2014 10:59 AM To: ReischlFred Cc:Josh Fruth; Jessica Harrelson; Fred Hood Subject: RE: Cameron Commons Medical PDI If Mr.Strain will allow it,yes,I have no objection to it being a PDI. However,I'm not sure that an additional access point(no matter how minor)can qualify though. Thanks, John P. From: ReischlFred Sent: Monday, June 09, 2014 10:57 AM To: PodczerwinskyJohn Cc:Josh Fruth; Jessica Harrelson; Fred Hood Subject: RE: Cameron Commons Medical PDI • John- If I remember correctly,you said a PDI would work for this added access,correct? -Fred 0 From: Fred Hood [mailto:Fred(adavidsonengineering.com] Sent: Monday,June 09, 2014 10:46 AM To: ReischlFred Cc: Josh Fruth; Jessica Harrelson Subject: Cameron Commons Medical PDI Fred, Good morning. I saw that you're handling the SDP for the Cameron Commons Medical SDP from the pre-app notes.Josh mentioned that you all discussed briefly that the project may need to go through a PDI to secure the additional one-way, EMS only access via the 951 extension ROW. I met with Mark Strain on an unrelated project this morning.This project came up briefly and he suggested I bring it up to you. His quick glance at what we're looking to do seemed in line with a PDI that would come across his desk. Before we file the application, I just wanted to confirm that this will be a PDI application. I look forward to working with you on this one. Thanks, Frederick E. Hood Senior Planner Fred(cadavidsonengineerinq.com • DE DAVIDSON ENGINEERING www.davidsonenqineerinq.com Davidson Engineering, Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer:This e-mail,along with any files transmitted with It,is for the sole use of the intended receipient(s). Any unauthorized review, use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. 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 0 2 DE • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Current Master Plan (Showing proposed One-Way, EMS Only Access) 411 www.davidsonengineering.com [TflrYt 3 i `i{ B 1 ! , R 1 , K�ICI:l1U..0 101[0 '+ 8 ff7 . ....... ..GKYTUAk HMO .,Wif10P_9) �' A III : i . t a E :. .41 y • . .. M �-T . . •...� .8 1 y��r►�_=E'181 *":11ea,.ow 1 1111111linid10111111 '1.11111:11111111111111.1, ?Is . . f( .. 41:1[ xr, r N It a 4--. .,, `._l q .. is P '01 .rii 1P,_ ...�-r'-.-r--r-:2's. ..• V j �:vG y�.�t�ry ..Ly'�7 i X00 �.} .� i.Y i< T ��] )' T TtiT Otliciali. t 7 :..„....„„;#,, . . .. . . _ i .-,-1 , . ..,4 511 1 ...Goo ouog il , Ili I. Y ;_ 1.��ii x ; 12.,„;,. ESN Q^ r •i RrrZ�� w 1 FA r1 1tR A t Ili IN_ pswca ' '" i �O6OIJ la IjU . O .. .0 6 V O O . _aaa aka, g A A A A A AAA A 11--- I; ( MASTER CONCEPT PLAN HERITAGE BAY lAil i ,r N ( PREPARED FOP US.HOLE CORPORATION 7 ::= DE PAYt,4PQN • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I Graphic Location Map • _........_..__� ___ .w. _ _.�....... . www.davidsonengineering.com I. I N i 1 W -..M-1'0 - E • I S 0.5 III 0 I 1 MILE 1 W in- m CC �w 0 0 QS 0 c Q m L. Z W Os cc co l IMMOKALEE ROAD(C R 846) .� �� Cr o� j , a • J � � � 0 0 m , IX W J J ------\_______ 0 ' U LEGEND ggli I HERITAGE BAY PUD .1 -SUBJECT_PROPERTY -MAJOR ROADWAYS f SOURCES.COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS(2014) r I kill),41','',,,,o Ili { tt HEN°' II 'F111e PAL EACH , _, .,,,,:? ,,.... , r, w DADE • M. 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DE DAVIDSQN • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I • Ordinance 03-40 Resolution 03-55 DO 2011-02 S www.davidsonengineering.com ORDINANCE NO.03- 4 Q - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 40/141.2e, , THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS rrria� �FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, c . ' • L * FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS G –�: r NUMBERED 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S ,r . s 8 1! ��iii AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF : ' '' I THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT •`, "at tt••�'' KNOWN AS THE "HERITAGE BAY PUD" LOCATED ON THE yr*i — NORTHEAST CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD(C.R. 951), IN SECTIONS 13, 14,23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 2,562 ACRES;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home Corporation, 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 Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference heroin. The Official Zoning Atlas Maps numbered 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S and 8624N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SEt"t'ION TWO: 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 2 9 th day of JULY ,2003. Own BOARD OF COUNTY COMMISSIONERS COLLIER CO • ,FLO' DA * '1* . ii! 1 ;1 Y �'' r a .a 1_ TOM ;A G, RHAIRM ip"7"FI'" xa,z CLERK Approved as to Form and Legal Sufficiency This ordinance filed with the • Secretory of S 's !V a. e t1/.r..,'.. • /1 !:. ...blt day of Mw u fori. .Student end acknowledge is of that Assistant County Attorney fill this day of BY, Deputy Clerk PUDZ-2002-AR-2H URHhp • HERITAGE BAY A PLANNED UNIT DEVELOPMENT PREPARED FOR: U.S. Home Corporation 10491 Six Mile Cypress Parkway Suite 101 Fort Myers, Florida 33912-6404 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane,Suite 200 Naples, Florida 34105 and A Young,van Assenderp, Vamadoe&Anderson, PA 801 Laurel Oak Drive,Suite 300 Naples, FL 34108 DATE FILED: July 2002 REVISED: February 2003 REVISED: May 2003 REVISED: July 30, 2003 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: .inr.v ?a 7n n3 ORDINANCE NUMBER: ?fin 1 n 9 - • 7121R203.119347 VM 1:1-ENEMM crania NM47-00S-093 PPHS 201102 TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICTS 3-1 SECTION IV VILLAGE CENTER DISTRICT 4-1 SECTION V RECREATION, OPEN SPACE DISTRICT 5-1 SECTION VI ACTVITY CENTER COMMERCIAL DISTRICT 6-1 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7-1 EXHIBITS EXHIBIT A HERITAGE BAY MASTER CONCEPT PLAN (WilsonMiller file#C-0442-55, sheet 1 of 2) EXHIBIT B LOCATION MAP EXHIBIT C HERITAGE BAY BICYCLE PEDESTRIAN PLAN (WilsonMiller file#C-0442-55, sheet 2 of 2) EXHIBIT D-1 WELL SITES PLAN EXHIBIT D-2 POTENTIAL WELL LOCATIONS PLAN S MUM.111347 VW 12-ONENN CAM NW 47 003002.PP,/2,20902 , r • STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of U.S. Home Corporation, hereinafter referred to as U.S. Home, to create a Planned Unit Development (PUD) on 2,5621 acres of and located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Heritage Bay. The development of Heritage Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the GMP Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Heritage Bay encompasses four square miles of land (Sections 13, 14, 23 and 24, Township 48 South, Range 26 East). Section 23, located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road, is within the GMP's urban boundary and is classified as Urban Residential. Forty acres at the intersection of Collier Boulevard(County Road 951) and Immokalee Road is identified as "Activity Center#3. The remaining three sections within Heritage Bay, Sections 13, 14 and 24, are designated as Rural Fringe Mixed Use. 2. An Urban-Rural Rural Fringe Transition Zone Overlay (URFTZO) encompasses all four square miles of the Heritage Bay PUD. This Overlay includes nine performance standards. The Heritage Bay PUD is consistent with each of these standards: URFTZO Standards • 1. The Heritage Bay PUD exceeds Standard#1 by providing a minimum of 863 acres in its Conservation/Preservation designation which are contiguous to off-site wetlands owned by the Corkscrew Regional Ecosystem Watershed (CREW). 2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement. 3. The Heritage Bay PUD exceeds the 70% open space requirement. 4. To the greatest extent practical, the existing rock quarries are incorporated into the ` regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes. 5. The Heritage Bay PUD will connect to the County's regional water and wastewater facilities. 6. The Heritage Bay PUD does not exceed the 3,450 (not including the 200 ALF units) maximum number of residential units on the entire Heritage Bay property. 7. The Heritage Bay PUD is designed to encourage internal vehicle trip capture by providing commercial and recreational uses and providing for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways are connected and provide access to the Activity Center. 8. The Heritage Bay PUD complies with the limitations for commercial development within the URFTZO. The Heritage Bay Activity Center is limited to 40 acres and the three "Village Centers" are limited to 26 acres. The Activity Center commercial uses include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. TR1r2003.1 In7 V.,12.MEW CAW N0447.001-003-PPHS.20907 ID 9. Section 5.4N of the Heritage Bay PUD requires that one transfer of development right credit shall be acquired from areas identified by the County as"Sending Lands" for each five gross acres of land area utilized as part of the golf course(s). 3. The Heritage Bay PUD includes property designated as Urban, Urban Commercial District, Mixed Use Activity Center Sub-District, Activity Center #3, a "master-planned mixed use Activity Center". GMP FLUE Section I B 1 states that such master-planned mixed use Activity Centers ". are understood to be flexible and subject to modification". The Heritage Bay Activity Center is consistent with the 40-acre size limitation. Its configuration responds to existing and future surrounding land uses. 4. Heritage Bay is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of the Heritage Bay PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. SHORT TITLE This Ordinance shall be known and cited as the "HERITAGE BAY PLANNED UNIT S DEVELOPMENT ORDINANCE". • 7e2/2002.119017 V..,01.OYYHIR N0447.006-007-PPHO.25902 1-1 SECTION LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Heritage Bay PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All of Sections 13, 14, 23 and 24, and less to the South 100 feet of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP Purchase contracts have been entered into with the existing property owners. Closings will occur and property acquisition will be concluded at such time as project development plans have been approved by the County and other jurisdictional agencies. The project purchaser/developer is U.S. Home Corporation, whose address is 10491 Six Mile Cypress Pkwy, Fort Myers, Florida 33912. 1.4 GENERAL DESCRIPTION OF PROPERTY • A. The project site is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, containing approximately 2,562 acres and is generally located at the northeast corner of the Immokalee Road (CR 846) and Collier Boulevard (County Road 951)intersection. 13. The property has been actively mined for limerock by Florida Rock Industries for over 28 years. Currently the mine is active with 414± acres of existing quarries and is permitted to mine an additional 1,286± acres for an additional 25 years. Sections 13, 14 and 24 of the property contain large wetland areas to the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and approved for designation by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. Approximately 533 acres of the wetlands which exist on the property are in a conservation easement granted to CREW. C. The Heritage Bay PUD Is bordered on the east by the Bonita Bay East golf courses, on the north by CREW lands approved for designation as a Natural Resource Protection Area and on the west by the Mirasol PUD. To the south is Immokalee Road. D. The existing ground elevation of the Heritage Bay PUD varies from approximately 11.0 to 15.5 feet NGVD. y • 712f2003-11047 vK+a-DWE1I c.w Na47.005.007 PP1-s 1n002 ...................... 1-2 • 1.5 DEVELOPMENT OF REGIONAL IMPACT The Development of Regional Impact (DRI) has been submitted for approval in accordance with Florida Statues, Chapter 380.06. Nothing in this PUD Ordinance shall be deemed to waive the DRI and other vesting provisions of Florida Statutes, Section 163.3167(8) and Chapter 380. 1.6 DEVELOPMENT PARAMETERS A. The number of dwelling units to be built in the Heritage Bay PUD pursuant to this PUD and DRI development order will not exceed 3,450 plus an Assisted Living Facility containing up to 200 units. B. Up to 54 holes of golf may be built in the Heritage Bay PUD. C. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and lmmokalee Road and three 'Village Centers"totaling approximately 26 acres within the residential part of Heritage Bay. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. • D. Conservation and Preserve Areas will total a minimum of 863 acres. 1.7 DENSITY A maximum of 3,450 dwelling units and an Assisted Living Facility containing up to 200 units may be built on the Heritage Bay PUD's 2,562* acres. The gross project density will be a maximum of 1.3 units per acre. For the purpose of calculating density, each assisted living facilities/congregate care facilities unit shall be considered to be equal to .33 of a residential dwelling unit. B. At all times all property included within the Heritage Bay PUD shall be included in determining project density including property reserved or to be dedicated for public uses, such as, but not limited to, public roadways and conservation areas. • ,,,BUOY 11134?VK 101.ONUF1.01 CAW NU147 0E1300 PPHU-)4Q ....................... 1-3 • 1.8 BUILDING HEIGHT-DEFINITION 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, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See Section 2.6.3 of the LDC, Exclusions from Height Limits). Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Infrastructure in support of the building, such as mechanical rooms for fire suppression and/or air conditioning equipment and elevator shafts are not included in the determination of building height. Accessory facilities are also exempted from the limitations established for measuring the height of buildings. 1.9 EXISTING EARTHMINING AND RELATED PROCESSING, ASPHALT PLANT, COMMERCIAL EXCAVATION AND OFF-SITE HAULING Nothing in this PUD Ordinance shall limit prior approvals for and the continuation and expansion of the existing earth mining and related processing, asphalt plant, commercial excavation and off-site hauling operations, by Florida Rock industries, Inc. and the Mule Pen Quarry Corporation, their successors and assigns, hereinafter collectively referred to as "Florida Rock Industries." on all areas of the Heritage Bay PUD not designated as a Preserve Area, 711r1003.110347 1161:101.OWENR wa 340442.005 003 PP15•26902 2-1 411 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Heritage Bay PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Heritage Bay PUD, a proposed 25621 acre master planned community located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida, will include a range of single family and multi-family housing, an assisted living facility and both water-related and golf-related amenities, along with three Village Centers, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. The development also includes an Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. Approximately 533 acres of the subject property's wetlands are in a conservation easement that has been granted to the CREW Trust, Additional undisturbed natural wetlands and uplands on the north end of the property and a mitigation area located near Immokalee Road bring the total Conservation and Preserve Area shown on the Master Concept Plan to 863 acres. The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. C-0442-55). A Land Use Summary indicating approximate land use acreages is shown on the Master Concept Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments permitted at the time of final plat approval, in accordance with Section 3.2.7.2 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Heritage Bay PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate and which authorize the construction of improvements, such as but not limited to final subdivision plat,final site development plan,excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. 11211209$.119$47 VN:lU ONYENR 410 WWI NO44:•OOI.993-PP,a. • 2-2 C. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.2.4 of the LDC. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3)shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.3.4 of the LDC. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve all of or a portion of the project. Such a CDD would constitute a timely, efficient, effective, responsive measure to ensure the provision and on-going maintenance of facilities and infrastructure for the proposed development. Such infrastructure improvements, as would be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Heritage Bay project. • 2.5 SUBSTITUTIONS TO DESIGN STANDARDS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified,waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all project roadways. B. Roadways within the Heritage Bay PUD shall be designed and constructed in accordance with Section 3.2.8. of the LDC with the following substitutions: 1. LDC, Section 3.2.8.3.19: Street name signs shall be approved by the Planning Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. The requirements for street pavement painting, street striping, and reflective edging shall be waived. 2. LDC, Section 3.2.8.4.16.6: The 1,000-foot length cul-de-sac street maximum shall be waived. 3. LDC, Section 3.2.8.4.16.5—Street right of way width: The minimum right of way to be utilized for a local street within the Heritage Bay PUD shall be 50 feet. 7/23MM-„Y04,Yet 1I1-ONEHR 140442-006-001.PPM-20802 2-3 S C. A pedestrian and bicycle pathway network shall be established throughout the project as shown conceptually on the Heritage Bay PUD Bicycle/Pedestrian Plan. The pedestrian and bicycle system will serve to link the Activity Center and the three Village Centers areas with residential uses throughout the project. See Exhibit"C". Sidewalks and bike paths shall conform to Section 3.2.8.3.17 of the LDC except as follows. 1. All streets designated as"Bikepath Loop" on Exhibit"C"shall have a 4-four foot wide bike lane on each side of the street within the right-of-way. 2. All locations designated as"Sidewalk"on Exhibit"C"shall have a 4-foot wide sidewalk on one side of the street within the right-of-way or an off-street sidewalk. 3. The area designated as internal"Bikepath/Sidewalk Loop"on Exhibit"C"shall have an 8-foot wide internal bikepath/sidewalk loop permitted within the drainage and maintenance easement(s). 2.6 PROJECT NAME AND ROAD NAMES The provisions of Section 3.2.7.1.2 and 3.2.8.3.19 of the LDC and Ordinance No. 03-14 which place restrictions on the duplication or use of closely approximate names, for projects and subdivisions shall be waived to allow the entire project and subdivisions within the project to utilize the words "Heritage Bay" as part of their respective names, provided that: A. Only the main entrance road within the Heritage Bay PUD may be named • Heritage Bay Boulevard. B. No other roadway within the Heritage Bay PUD will include the word"Heritage" in its name. All roadway names shall be subject to approval by the Planning Services Director during the preliminary subdivision plat approval process. 2.7 'LAKE SETBACK AND EXCAVATION A. As depicted on the Heritage Bay PUD Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. All lakes greater than two acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the LDC. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme. The developer may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1471100}110717 V.,111-OMAR cabal NG12.O0340}N"!•20002 2-4 E. Lake Setbacks 1. The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Community Development and Environmental Services Administrator. 2. Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a. Lakes and stormwater management features may be located adjacent to internal roads. The roads shall be designed to AASHTO road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and barriers. b. Lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Heritage Bay PUD. 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. Model homes, sales centers, sales offices, construction offices, and other uses 110 and structures including temporary sales and temporary service centers related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Heritage Bay PUD subject to the requirements of Section 2.6.33.4 and, Section 3.2.6.3.6 of the LDC. B. The limitation of Section 2.6.33.4.1.5(a) of the LDC, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. C. The model home/sale centers temporary use permits shall be valid through the buildout of the project with no extension of the temporary use required. D. Model home/sale centers may be either wet or dry facilities. The model home/sale centers may use septic tanks or holding tanks for waste disposal subject to permitting under Section 10D-6, Florida Administrative Code, and may use potable water, existing lakes or irrigation wells for irrigation. 77231003}119347 VI,141-(me 174:006-0113./PIO 214902 2-5 • 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Heritage Bay PUD Master Concept Plan as provided in Section 2.7.3.5 of the LDC. Minor changes or refinements as described herein may be made in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Heritage Bay PUD Master Concept Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1, The minor change or refinement shall be consistent with the Collier County GMP and the Heritage Bay PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7,3.5.1. of the LDC. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of--ways, including a relocation of access points to the Heritage Bay PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations in effect prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however 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. 712v 119311 V. 141.OVILMR N0442-00540.1.PPlie•26.012 • 2-6 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or a Property Owners'Association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Heritage Bay PUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. Most common area maintenance will be provided by a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Heritage Bay PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 with geotextile mat 4. Structural walled and stacked rock berms—vertical B. Fence or wall maximum height: Ten feet as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which Includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of the berm elevation and shall not exceed 8 feet in height. C. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be governed by the height limitations for principal structures of the District in which they are located. In the case of access control structures within rights-of-way adjoining two or more different Districts,the more restrictive height standard shall apply. D. Fences or walls may be placed zero feet from the internal rights-of-way provided that shrubs are provided in the right-of-way and may be located five feet from the project perimeter. 72312p0$.111q17 Wu 141.0WEHR •47-005-00}MO.711102 2-7 • E. Water management systems, drainage structures and utilities are allowed in landscape buffers/easements subject to the provisions in Section 2.4.7.3 (1), (2) and (3) of the LDC. Pedestrian sidewalks and or bike paths and signs are allowed in landscape buffers/easements subject to the provisions of Section 2.4.7.344) of the LDC. F. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line, said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalks/paths, or modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.12 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Heritage Bay PUD. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1. Stockpile maximum height:45 feet 2. Fill storage areas in excess of 5 feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers, if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with Division 3.7 of the LDC. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING %Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Heritage Bay PUD except in the Preserve District. General permitted uses include the continuation of earth mining, asphalt/concrete plant, rock crushing and commercial excavation operations, and those uses which generally serve the residents of the Heritage Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Pmw.aY ooa-11017 P W.:141-WVE/N • IONI�OOf-OOY PPM.2111102 • 2-8 4. Septic system for remote golf shelters 5. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Architectural features and elements including walls,fences, arbors, gazebos and the like. 8. Community and neighborhood parks, boardwalks, trails and recreational facilities. 9. 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. 10. Landscape/hardscape features including, but not limited to, landscape buffers, berms,fences, water features and walls subject to the standards set forth in Section 2.11 of the Heritage Bay PUD. 11. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of the Heritage Bay PUD. 12. Earth mining and related processing, asphalt/concrete plant, rock crushing, commercial excavation and off-site hauling, subject to the terms of prior approvals referenced in Section 2.7 — Lake Setback and Excavation of the Heritage Bay PUD and the following: a. Florida Rock Industries will continue to conduct mining operations and mining related activities on portions of the site pursuant to Collier County Excavation Permit No. 59.113, and any subsequent modifications approved by Collier County, for the portions of the property owned by Florida Rock Industries. This project will be developed in stages through transfer of property ownership from Florida Rock Industries to U.S. Home Corporation. b. Where the existing approvals and excavation permit are less restrictive by their terms than the provisions of the Heritage Bay PUD approval, the provisions of the existing excavation permit and other approvals shall prevail for any areas that remain owned by Florida Rock Industries, Inc. For any areas that are transferred to U.S. Home, the terms of the Heritage Bay PUD Ordinance shall control. c. Excavation for earth mining shall be consistent with that shown on the Heritage Bay PUD Master Concept Plan. No additional impacts to the Preserve Area shall be allowed as a result of the existing excavation permit for earth mining activities. 7/21200.3-111147 V 14P-&NEM wn. 1404424 06-003-via.r1102 S 2-9 S B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to general permitted uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback. 2. Other general permitted uses shall be set back a minimum of five feet from property lines except for the temporary treatment plant which shall have a minimum setback of 100 feet from property lines. 3. Minimum distance between structures which are part of an architecturally unified grouping—Five feet. 4. Minimum distance between unrelated structures—Ten feet. 5. Maximum height of buildings—35 feet. 6. Maximum height of architectural features—65 feet. 7. Maximum height of earth mining, asphalt/concrete plant and rock crushing structures-50 feet. 8. Minimum floor area-None required. 9. Minimum lot or parcel area-None required. 10. Sidewalks and bikepaths may occur within County required buffers subject to the provisions in Section 2.4.7.3.(4)of the LDC. 11. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC provision(s)in effect at the time this PUD is approved. 2.15 OPEN SPACE REQUIREMENTS The Heritage Bay PUD Master Concept Plan identifies approximately 17931 acres included in the preserves, lakes, recreation, open space, golf courses and buffer areas. These areas fully satisfy the open space requirements of Section 2.6.32 of the LDC and the requirement in the Urban-Rural Fringe Transition Zone Overlay that "70% of the property be open space". 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS The 863± preserve acres on site fully satisfy the requirements of Section 3.9.5.5.2. of the LDC. 7334203.t1$347 Vet 14$-OMMIR 4110 CNO N0442.004-005.PPM&16902 • 2-10 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of approval of this Ordinance shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be placed within a County dedicated right-of-way, a right-of-way permit shall be applied for and approved, except for signage pertaining to and/or facilitating traffic movement, 4. All signs shall be located so as not to 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. Signs may be allowed in landscape buffers/easements 7. Entrance and boundary markers may be placed prior to subdivision approval provided a building permit for the markers is obtained prior to placement. B. Boundary Markers 1. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries. V-type boundary marker monuments shall be permitted only at intersections. 2. A maximum of ten boundary marker monuments shall be permitted. 3. The sign face area of each side of the boundary marker monument shall not exceed 64 square feet and shall not exceed the height or length of the monument upon which it is located. If the boundary marker monument is two-sided,each sign face shall not exceed 64 square feet of area. 4. The total sign face area shall not exceed 64 square feet. The size of the letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on boundary marker monument(s) shall be similar to and consistent with the other identifications placed on the same boundary marker monument. 701!2903.111347 V.1 141-OYYEI 0 N O 442-003-001 vma•MOW 2-11 5. Sign face area is calculated by total square footage of name, insignia, and motto only. 6. Boundary marker monuments may not exceed a height of eight feet above the crown of the nearest road. 7. Boundary marker monuments may be lighted provided all lights are directed to the sign or are shielded. C. Directional or Identification Signs 1. Directional or identification signs may be allowed Internal to the Heritage Bay PUD. Such signs may be used to identify the location or,direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. 2. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. 3. No building permit is required unless such signs are combined to form a menu board. D. Residential Project Entrance Signs 1. One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median of each individual residential development within the Heritage Bay PUD. Such signs may contain the name of the subdivision and the insignia or motto of the development. These signs may be one,two or three-sided. 2. The size of letters, graphics, and the typography and color scheme used In individual project on an entrance sign shall be similar and consistent. Such signs may contain up to four individual project or identification message areas per side, as long as the total sign face on each side does not exceed 100 square feet in area. 3. No sign face area shall exceed 100 square feet and the total sign face area at each entrance may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face shall not exceed 100 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. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed ten square feet. 4. The setback for the signs from any rights-of-way and any perimeter property line shall be five feet. 7121201.111047 Vi.141-DWEHR • 04447' P40442-0064103.10015 20802 . 2-12 5. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 6. Entrance signs shall not exceed a height of 20 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. E. Internal Signs 1. Residential and community facility entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs shall be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Identification signs for approved uses such as sales centers, information centers, Village Centers, or the individual components of the development may be allowed internal to the project. Individual signs shall be a maximum of 6 square feet per side. Signs maintaining a common architectural theme may be combined to form a menu board and shall be • a maximum size of 64 square feet per side and a maximum height of 8 feet. F. Village Center Signs 1. Village Center entrance signs may be located on both sides of the entrance drive to a Village Center and within its entry median. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of Village Center, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Wall, Mansard, Canopy or Awning Signs a. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple- occupancy parcels, or multi-frontage single-occupancy parcels shall be allowed three signs. Such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within a Village Center shall be allowed one additional wail sign facing the Village Center, if the additional sign is not visible from any road right-of-way. The combined area of }11347 V.r 141.OY1EIf NO4424104001 Mlq.111902 2-13 • those signs shall not exceed the maximum allowable display area for signs. b. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any one sign. 3. Pole signs Two pole signs shall be permitted for each internal street, provided there is a 500-foot separation between such signs. a. Maximum allowable sign area: 100 square feet per side, if two sided b. Maximum allowable height: 20 feet c. Setbacks: 10 feet from any rights-of-way or property lines. d. Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 4. Projecting signs Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. A projecting sign shall not project more than four feet from the building wall to which it is attached. b. A projecting sign shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into rights-of-way. d. Projecting signs, which project over any pedestrian way(s), shall be elevated to a minimum height of eight feet above such pedestrian way. 5. Under-Canopy Signs In addition to any other sign allowed by this ordinance, one under-canopy sign shall be allowed for each establishment in the Village Center. Such a sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. arm.111341 v«11!-DWEHR 110147-006.003.PPH6.26102 • 2-14 G. Activity Center Commercial Signs Activity Center Commercial Project Entrance Signs, Project Directory Signs, and Free-Standing Use Monument Signs shall conform to the requirements of Division 2.5 of the LDC. H. Real Estate Signs Real estate signs with a maximum size of six square feet per side shall be permitted. No building permit is required. 1. Temporary Signs Temporary signs shall conform to the requirements of Division 2.5 of the LDC. J. Special Event signs are permitted. Such signs shall not exceed 32 square feet in size per side. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. K. Grand Opening Signs Grand Opening Signs may be displayed on-site. Such sign shall not exceed 32 square feet on a side and 64 square feet total. Any banner signs shall be anchored and shall be displayed on-site for a period not exceeding 14 days within the first three months that the entity displaying the sign is open for business. L. Construction Entrance Signs 1. Two "construction ahead" signs may be located at appropriate distances from a construction entrance. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. 2. One sign may be located at each construction entrance to identify the entrance as such. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. M. Traffic Signs 1. Traffic signs, such as street signs, stop signs, and speed limit signs, shall be designed to reflect a common architectural theme. 2. The placement and size of such signs shall be in accordance with FDOT criteria. Ig34003.110347 VI,.14f-o■EHR cI •NW42.003.003.rn,s•20302 ' I 2-15 2.18 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57, as amended, except as may be provided in Section 2.4 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. 2.19 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a three-day duration and 25-year return frequency. B. The Heritage Bay PUD is a reclamation project from an existing mining activity. Lake excavations and littoral zone plantings shall conform to the requirements of the GMP and LDC in effect at the time of final development order approval. The following GMP policies and LDC regulations have been applied to this PUD to create the resultant regulations. 1. The Heritage Bay PUD shall comply with the regulations for all wet detention ponds that are used as a part of its water management system, as identified by its South Florida Management District Environmental Resource Permit. Wet detention ponds are described as lakes that provide 1" of water quality detention. Attenuation lakes are described as lakes that provide flood attenuation but not the required water quality detention. Wet detention ponds, or portions thereof, within the urban boundary shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. Wet detention ponds, or portions thereof, outside the urban boundary shall have a littoral shelf with an area equal to 30% of the pond surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. The MiraO.111114T Vv:141.W OIR NO442-006-003-PP11,-21902 • 2-16 total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. 2. As an alternative to the planting or creation of littoral shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral zone planting area requirements. Said Policy 6.1 requires preservation of 40% of native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres of native vegetation including wetlands that have significant hydrologic value, therefore the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4:1 from control elevation to a depth of five feet. 2.20 ENVIRONMENTAL A. The developer shall be subject to Division 3.9 of the LDC, in effect at the time of permitting, requiring the acquisition of a tree removal permit prior to any land clearing. B. All invasive exotic plants, as defined in the LDC, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. �C All conservation areas shall be designated as conservation/preservation tracts or easements 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. Buffers shall he provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and averaging 25 feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Environmental Services Staff. E. Final alignment and configurations of water management structures 'shall be subject to minor field adjustments to minimize habitat destruction. aai/A07•119347 Ow 141.°YAW •110442-006-003-PPS*.211102 2-17 411) F. The developer 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 species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. 2.21 TRANSPORTATION A. The developer shall provide street lighting at the project entrances in conjunction with the construction of same. B. The developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. C. The developer shall dedicate a 100-foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area (approximately the mid-point of Section 14), which is a distance of generally 1% mile, to the County, The developer shall receive no impact fee credits for the dedication, The dedication shall take place within the timeframe established by Subsection 2.2.20.3.7 of the LDC. • D. If the County acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road (not owned or controlled by the developer), then the developer shall construct for a distance of'/2 mile from said intersection a 2-lane access road within the 100-foot dedicated right-of-way. The developer shall receive no impact fee credits for the cost of such construction. The developer shall construct this 2-lane access road to arterial standards within a multilane urban arterial cross section. E. Within 45 days of the County's issuance of a Notice to Proceed on a construction contract to widen lmmokalee Road to six lanes between 1-75 and the eastern boundary of the Heritage Bay project, the developer shall prepay to the County the first $5,000,000.00 of the Heritage Bay road impact fees for the purpose of advancing the six-laning of lmmokalee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County shall: (a) modify the Immokalee Road construction project east of Collier Boulevard (Project #60018) to provide six lanes on Immokalee Road from Collier Boulevard to at least the eastern boundary of Heritage Bay, and (b) advance the construction of the six-laning of Immokalee Road between 1-75 and Collier Boulevard to at least 2006, unless unforeseen circumstances make it impractical to meet this schedule. If the construction is phased as two or more phases, the impact fee prepayment shall be phased and equally apportioned for each phase. 7a1/e1203-115347 Wr 14.O14ENR NO442.005.00.PPM-26102 2-18 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. G. The developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any closer than Yz mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that% mile distance at the 1/ mile distance. H. The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75%of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than •h a mile north of its current terminus at lmmokalee Road, or(2)after July 1, 2006 and together with the completion of the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension and approval of then no build" option by the respective Lee and Collier County Commissions, or (3) July 1, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 2.22 OTHER PUBLIC BENEFIT COMMITMENTS A. General Government Site The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject ‘. to the receipt of impact fee credits. B. Parks and Recreation The developer agrees to prepay $2.8 million in park impact fees to the County within 45 days of the effective date of this Ordinance. This amount shall be credited against the park impact fees due from the development. Additionally, the developer will donate $717,000 to the County for use in developing regional park facilities. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: 77 1111317 V.r 141-DAErq CAM W11147.11011.1107-PPM-3111102 2-19 • 1. Provide locations for six potential well sites with each site capable of fitting two wells for use by Collier County for potable water supply wells, supplemental water wells, and/or aquifer storage and recovery wells. 2. Three well sites will be located as shown on Exhibit D 1. The easements for each well site will be as shown on Exhibit D 1. 3. Well sites 4 -6 may be located in one of the following two optional locations with the understanding that wells 4, 5 and 6 must be located within the same optional location. The optional locations are: Option 1 -951 right-of-way as deeded by the developer to Collier County Option 2 - Littoral zone between the recreational lake and the south property line of the project. These two optional locations are shown on Exhibit D 2. It is agreed that Option 1 will be utilized provided that the Predesign and Engineering (PD&E) study for the 951 extension shows that 951 is not feasible for construction at this location, which is approximately 1 mile north of the Immokalee Road/951 Intersection. Should the PD&E study show the feasibility of 951 at this location,then Option 2 will be utilized. 4. Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier County to ensure that FP&L projections and installation of equipment will accommodate these well pumps and generators. 5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. bonier County Government will be Responsible for: 1. Design, permitting, funding, developing, and maintaining all transmission lines, wells and well sites located on the Heritage Bay project. 2. All wells and generators will be encased within a building which is architecturally compatible with the surrounding buildings or located in an underground vault. 3. Total cost of transmission lines including design, purchase, and installation. 4. Well sites may result in environmental impacts. Mitigation and all associated cost and permitting will be by Collier County. General Conditions: The easement granted for each well site shall be as shown below: 7RY1003.119347 Wr:141-OWEHR wo 14044.7-003.4103-rw111-20902 411 IP 2-20 1. Well Site 1 —100 feet by 100 feet 2. Well Site 2— 150 feet by 150 feet 3. Well Site 3— 100 feet by 100 feet (all above ground facilities shall be low profile and minimized to the greatest extent possible at this location) 4. Well Site 4, 5 and 6 a. Option 1 locations— 100 feet by 150 feet b. Option 2 locations—middle site 150 feet by 150 feet and two sites on either side 100 feet by 100 feet 5. Landscaping shall be initially installed by Collier County to specifications mutually agreed to between the developer and Collier County. Once installed the developer shall be responsible for the maintenance of landscaping for well sites 1-2 and for well sites established under Option 2. Landscaping for well sites established under Option 1 will be maintained by Collier County Government. 6. Approximate locations are shown in the attachments. Final locations to be approved by US Home or the landowner. • 7. Proposed wells will not prohibit or impact existing or proposed land uses. 8. Transmission lines will be located around the perimeter of the project either within the 100' right-of-way dedication to Collier County along the western property boundary or within the SFWMD 100' Canal right-of-way. 2.23 ARCHAEOLOGICAL RESOURCES A. Any significant archaeological sites discovered within the Heritage Bay PUD shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Heritage Bay PUD. B. In areas where there are existing archaeological sites in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or other equivalent protection (such as temporary fencing or other structural barriers), shall be placed around the archaeological sites. Any exotic vegetation removal in these areas shall be by hand and not by mechanical means. C. The developer shall support registration of any significant archaeological sites in the National Register of Historic Places. 7,238007-110367 v.,141.OAYENR CA ioW44 N7.006-W7.PR/f-111102 2-21 • D. The developer shall cooperate with the Division of Historical Resources' (DHR) investigation of any existing sites by allowing access to the archaeological sites by the State, whenever such access can be reasonably accommodated. E. If any additional archaeological/historical sites are discovered during development activities, all work in the immediate vicinity of such sites shall cease immediately, and the developer shall contact DHR, Southwest Florida Regional Planning Commission (SWFRPC), and Collier County Code Enforcement Department so that a state-certified archaeologist can determine the significance of the find and recommend appropriate preservation and mitigation actions, as necessary, 2.24 AFFORDABLE HOUSING A. The developer shall construct on-site on the lands designated "AC/R3" on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse nitto be offered for sale to persons meeting the Collier County housing guidelines for 80% moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued, whichever is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. B. The developer shall donate $475,000 to Habitat for Humanity of Collier County ("Habitat"), The donation represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of irnmokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the Heritage Bay PUO/DRl by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the developer constructs less than 190 affordable housing townhouse units on- site, for each unit less than the maximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat, For example, if 180 affordable housing townhouse units are constructed on-site, the developer would donate $100,000.00 to Habitat, which represents 10 units times$10,000. E. At any time in the future, should the developer request an extension to the approved build-out date for the project, the developer shall re-examine the housing needs of the project and provide an updated re-analysis of the affordable housing required. The developer shall use the methodology in use at 4110 7A02001111047 W.151.0NEH4 C•O N0447 005.000-PPH5.26107 2-22 the time of the re-analysis by SWFRPC, the Y Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9J- 2.048 of the Florida Administrative Code. 2.25 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.26 SUNSETTING This PUD is not subject to the sunsetting provision of Section 2.7.3.4 of the LDC. The DRI Development Order for the Heritage Bay Community, relative to duration, shall govern. 4110 S 1A1117003.11•M7 Wt:1i1•oNE111 own N04$2.OS•003.PPHS 2150a2 3-1 • SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "R1", "R2", "R3" and "R4"Districts 3.2 GENERAL DESCRIPTION Areas designated as "R1", "R2", "R3" and "R4" Districts on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1", "R2", "R3" and "R4" Districts is indicated on the Heritage Bay PUD Master Concept 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. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.3 PERMITTED USES AND STRUCTURES -"R1"AND "R2" DISTRICTS • No building or structure, or part thereof, shall be erected, altered or used, or land use in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse dwellings and duplexes. 3. Zero lot line dwellings 4. Multi-family dwellings, low-rise 5. Assisted living facilities 6. Model homes, sales centers including administrative offices and construction offices. 7. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including garages, gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, other • facilities intended for outdoor recreation, project maintenance facilities, morm"3.11117 1Nr 1114-OWEHR Wo NO44i-0011•001-PPM&I6907 1 3-2 guest houses, cabana bedrooms, boat docks, beaches, boat ramps, piers or other such facilities constructed for purposes of lake recreation for residents of the project and their guests, other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 PERMITTED USES AND STRUCTURES -"R3" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R1"and "R2" Districts. 2. Multi-family dwellings, low-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "R1" and "R2" • Districts. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES -"R4" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential"R3" District. 2. Multi-family dwellings, mid-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential"R3" District. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. S IM MO-/10 0-11 654T Vot.151-(MEIN! coma N0442 005 001,PPM&24002 3-3 • 3.6 DEVELOPMENT STANDARDS A. Table 1 and Table 2 set forth the development standards for land uses within the"R1", "R2", "R3" and "R4" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. 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 or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 1 and Table 2 shall be established during site development plan approval as set forth in Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. F. Required property development regulations may be approved that are • different than those set forth in Table 1 and Table 2, subject to the requirements of Section 2.6.27 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. G. Off Street Parking For Multi-Family Uses ti 1. A green space area of at least 10 feet or more in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul- de-sacs serving 24 units or less. 2. Off-street parking required for multi-family tracts of 120 or more units shall be accessed by parking aisles or driveways which are separated from any abutting roads that serve the development. 3. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. H. Single family zero lot line dwellings are identified separately from single- family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying development standards under Table 1 and Table 2. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Subsection 2.6.27 of the LDC. • tnuveas 11•347 w,law MEWS Quo NO442.005.003-PPH&20902 3-4 410 I. Attached or detached residences which include those having cabana bedrooms accessed from the courtyard and not the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single-family residence, 2. The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The cabana structure may not contain primary cooking facilities. J. In the case of residential areas with a Traditional Neighborhood Development (TND), the TND shall be deemed a common architectural theme. Required property development regulations may be approved that are different than those set forth in Table 1, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. K. For the purpose of calculating density in the "R1", "R2", "R3" and "R4" Districts when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to.33 of a residential dwelling unit. L. Standards for trash or recycle receptacles shall conform with Section 2.6.15 of the LDC except in the case of multiple family buildings that do not receive curbside service pick up and choose to use dumpster service. In ti that case, at least one standard size bulk container per every thirty units shall be required. 740g001 1 117M7 Vet:10h 01ME/N P10442.05.003 PPM.21111107 3-5 TABLE 1 • DEVELOPMENT STANDARDS FOR"R1" RESIDENTIAL DISTRICT SINGLE SINGLE SINGLE MULTI FAMILY FAMILY ZERO LOT LINE DUPLEX FAMILY FAMILY DETACHED DETACHED ATTACHED & DWELLINGS 1 2 TOWNHOUSE Low-Rise Minimum Lot Area 5,000 sq.ft. 2,800 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10000 sq.ft. ' •Minimum Lot Width6' 50 ft. 35 ft. 35 ft. 35 ft. 20 ft. 100 ft. Minimum Average Site Depths 100 ft. 65 ft. 10011. 100 ft. 40 ft. 120 R, Principal 8 20 R 20 ft. 15 ft. 15 ft, 20 ft. mm 15 ft. Accessory Garage Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 1)10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft Setbackl'�' Entry 12 Garage or Carport on Parking Na Na 0 ft. 0 ft. n/a 0 ft. Lot Accessway Rear Yard Principal 10 ft. 5 ft. 10 ft. 10 ft. 10 ft, 20 ft. .._.., Setback 8.7 Accessory 10 1 ,1 ry 5ft. 5ft. 5 fl. 5 R. 5ft. 10 ft, 0 ft one side 10 ft.other side Side Yard Setback OR III Principal&Accessory 8 ft. 6 ft. 3'-1'one side 6 ft. 0 ft or 7%It the Building 2,4,7,6,10,11,12 6'-11"other side Height OR 5ft.on loth sides Preserve Principal 25 ft. 25 ft. 25 R. 25 ft. 25 ft. 25 ft. Setback Accessory 10 ft. 1011. 10 ft, 10 ft. 10 ft. 10 ft. Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 50 ft. 85 ft. Distance Between %the Sum of Principal Structures Na Na Na n/a 10 ft. the Building Hehts Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 900 sq.R. 750 sq.ft. 750 sq.ft. 1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement Of not cubed). Front yards for a front- loaded garage are measured from garage door to balk of curb,edge of pavement or sidewalk,whichever Is loser to the garage door. 2. Where adjacent to a golf course,lake(measured from top of bank),or open space reduced to 0 feet. 3. Building height -See Section 1.8. 4. Al zero lot line units In a series shall have the 0-foot side setback on the same side of the lot. The zero foot setback side may change only If a minimum 10 fool wide space is provided in the form of an easement,golf course crossing,or the like,which separate the lots. 5. Minimum lot width may be reduced by 29%for cul-de-sac lots provided mkNm tan lot area requirements are met. 0. For any lot served both by a street end an alley,the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side corner setback shall be the same as the required side principal structure setbecc. 9. Site depth average—determined by dividing the site area by the site width. 10. Accessory pool endosurelscreen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways,arbors,and courtyard entry features shall be exempt from the minimum yard requirements listed above. 13. For the purpose of Table 2,the tern'multi-family building'includes assisted lying fadllbil III 713011103-11S$47 Van III.dME M wa Na,x'oos-oo}PPHS 211002 3-6 • TABLE 2 DEVELOPMENT STANDARDS FOR"R2","R3" AND"R4" RESIDENTIAL DISTRICTS SINGLE SINGLE MULTI FAMILY DWELLINGS FAMILY ZERO LOT LINE DUPLEX FAMILY DETACHED ATTACHED Low-Rise Mid-Rise TOWNHOUSE Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. 10,000 sq.ft. Minimum Lot Width6 50 ft. — 35 ft. 35 ft. 20 ft. 100 ft. 100 ft. . ., Min.Average Site Depths 100 ft. 100 ft. 100 ft. 40 ft. 120 it. 12011. Principal 8 20 ft. 20 ft. 15 ft. 15 ft. 15 ft. 20 ft. Accessory Garage - Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft Na10 ft. Setbac kt'7' Entry 12 , Garage or Carport on n/a n/a 0 ft. n/a 0 ft. 0 ft. Parking Lot Accessway Rear Yard Principal 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. 8 Setback z 1 0�,1�2 ry 5 ft. 5 ft. 5 ft. 5 ft. 10 ft. 10 ft. 0 ft one side 10 ft.other side 40 Principal Accessory 6 ft. 3'-1"one side 6 ft. 0 ft or 7'h ft Building %the Building 2.4,7,8,10,11,12 6'-11"other side Heigh Hetghl OR 5 ft.on both sides Preserve Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Setback Accessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 65 ft. 100 ft. Distance Between 10 ft. 10 ft. Na 10 ft. %the Sum of the Building Principal Structures Heights Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. 1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement(e not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb,edge of pavement or sidewalk,whichever Is closer to the garage door 2. Where adjacent to a golf course,lake(measured from top of bank),or open space reduced to 0 feet. 3. Building height •See Section 1.8. 4. AU zero lot line units In a series shall have the 0-foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space Is provided In the form of an easement,golf course crossing,or the like,which separate the lots. 5. Minimum lot width may be reduced by 29%for cul-de-sac lots provided minimum lot area requirements are met. 8. For any lot served both by a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement 7 Guesthouses or cabana bedrooms are subject to the setback requirements for principal stnrcures. 8. The side corner setback shall be the same as the required side principal structure setback. 9. Ste depth average—determined by dividing the site area by the see width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architedural features such archways,arbors,and courtyard entry features shill be exempt from the minimum yard requirements fisted above. i 13. For the purpose of Table 2,the term'muei-family building'Includes assIsled Ming facilities 71302003.111147 V0r.111.041011 4.0 NO442-005401-PPI-M 16502 4-1 SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the three Village Center areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as"VC". 4.2 MAXIMUM SQUARE FOOTAGE The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. Commercial activities within the Village Centers are limited to a total of 26 acres. 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Heritage Bay PUD Master Concept Plan. The Village Center portion of this District shall be consistent with the requirements of GMP, FLUE, Section I B. 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 110 with Division 3.3, and Division 3.2, respectively, of the LDC. The Vide Center tracts are is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Accounting,Auditing and Bookkeeping Services(Group 8721). 2. Automatic Teller Machines(Group 3578) 3. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 4. Apparel and Accessory Stores(Groups 5611-5699). 5. Gasoline Service Stations(Group 5541). 6. Automotive Carwashes(Group 7542) 7. Business Services(Groups 7334, 7349) 8. Eating and Drinking Establishments(Groups 5812, 5813). 9. Food Stores(Groups 5411-5499). 10. General Merchandise Stores(Groups 5311-5399). 11. Golf Clubhouse and Boat Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 12. Miscellaneous Retail(Groups 5912-5963, 5992-5999). 720r20014 11847 V .%$I.0NCHA wa N0442-001)-CO-PPM6.26004 Mk 4-2 • 13. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). 14. Real Estate(Groups 6512, 6531, 6541). 15. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas and other Recreational Clubs(Groups 7991, 7999) 16. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 17. Residential uses as set forth in Section 3.4 of this Document including residential units integral to Village Center structure(s) and as freestanding uses. Freestanding residential uses shall comply with the development standards set forth in Section 3.6 18. Travel Agencies (Groups 4724 and 4725) 19. United States Postal Service(Group 4311 except major distribution center). 20. Video Tape Rental (Group 7841). 21. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include but are not limited to recreational facilities that serve as an integral part of the permitted uses such as 410 pools, tennis facilities, beaches, boat docks, parks, playgrounds and playfields, restrooms, shelters, golf cart storage areas and snack bars. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.5 DEVELOPMENT STANDARDS A. The frontage/depth criteria often included in development standards is not applicable since the Village Center uses are located internal to the Heritage Bay PUD and have no actual road frontage. B. Minimum Setback Requirements 1. Principal structures shall be set back a minimum of 10 feet from Village Center District boundaries and roads; 25 feet from all residential tracts; and 25 feet from preserves. 2. Accessory structures shall set back a minimum of five feet from Village Center District boundaries and roads; 20 feet from all residential tracts; and 10 feet from preserves. 3. Setbacks from lakes for all principal and accessory uses may be zero feet provided architectural bank treatment is incorporated into the design and subject to written approval from Collier County Planning Services Department. 4110 »&2 OI.1 inn Vii,sr owEnr+ CADO NO442-005.005 PPN6 20903 4-3 40 C. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings(including architectural features)-65 feet. E. Maximum height of communication antennas-65 feet. F. Minimum distance between principal structures- 10 feet. G. Minimum distance between accessory structures (excluding drive-through facilities) - 10 feet. H. Maximum floor area ratio for the commercial component: 0.25 I Due to the internal orientation, the number,the different locations, the types of uses and the multi-purpose function of the Village Center buildings where commercial uses will be fully integrated with recreational and other uses. The requirement that 30% of the residential building permits shall be issued prior to the development of neighborhood commercial uses shall be waived. J. Each of the three Village Center shall have a unified plan of development which is architecturally integrated internally and with the neighborhood it serves. That plan will be submitted with each of the Village Center Site Development Plan. K. Due to the nature, location and internal orientation of the Village Centers, the LDC architectural review requirements for Village Centers shall be waived. L. Required parking for Village Center non-residential uses shall be consistent with Section 2.2.20.4.7,1.6, of the LDC. Residential parking requirements are set forth in Section 3.6 C of this PUD Document. Golf cart storage areas are considered accessory to the golf clubhouse and have no required parking. 0. A unified sign plan shall be submitted and made a part of the approval for each of the Village Center Site Development Plans. N. Standards for landscaping where such standards are not specified herein are to be in accordance with Division 2.4 of the LDC in effect at the time of site development plan approval. 0. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. • unarm-115317 V5r 1St.°MIR co 50//2.006000.PPI45.55505 5-1 410 SECTION V RECREATION/OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as"RO". 5.2 GENERAL DESCRIPTION The approximate acreage of the Recreation/Open Space District is indicated on the Heritage Bay PUD Master Concept Plan. Actual acreage 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/Open Space tracts are designated to accommodate a full range of golf course, water-related uses, other recreational uses,water management and open space uses. 5.3 PERMITTED USES AND STRUCTURES 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. Golf courses and other recreational uses. 2. Clubhouses, community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 3. Utility, water management and right-of-way/access easements. 4. Lakes and water management facilities. 5. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 6. Signs as permitted by the LDC in effect at the time permits are requested, except as modified in this PUD Document. 7. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 8. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation/ Open Space District. 9. Docks, piers, boat ramps, beaches or other such facilities constructed for purposes of lake recreation, for residents of the project and their guests. 10. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 11. Lake excavations as permitted by Division 3.5 of the LDC. • 7730131103.11U47 Wr 1St,u'E)4 11442.009202.PR*,20902 5-2 12. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses including gasoline service. 2. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. The communications facilities located in this District are accessory, incidental and subordinate activities to the overall Heritage Bay PUD. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 5.4 DEVELOPMENT STANDARDS 410 A. Principal structures shall be set back a minimum of 25 feet from "R/O" District boundaries and ct private roads, and 25 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. S. Accessory structures shall set back a minimum of 10 feet from "R/O District boundaries and private roads, and 20 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings -65 feet. E. Maximum height of communications facilities-65 feet F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping— 10 feet. G. Minimum distance between all other principal structures—15 feet. H. Minimum distance between all other accessory structures— 10 feet. 7110/7003-110157'Sr 155 OWEI C.° NON?-005 003 PPM&7000? 5-3 I. Minimum floor area-None required. J. Minimum lot or parcel area-None required. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. L. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. M. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable and irrigation wells. 5.5 TRANSFER OF DEVELOPMENT RIGHTS A. For golf course(s) located in Sections 13, 14, and 24, for each 5 gross acres of land area utilized as part of the golf course(s) ("golf course"shall include the club house area, rough, fairways, greens, and lakes internal to the golf course boundary, but excludes any area dedicated as a conservation area, which is non- irrigated and retained in a natural state) one transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections 4110 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001, B. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within 48 months from the adoption date of the Heritage Bay GMP Amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph shall be null and void. 41111 M rnlr2110_I IILJ Vet f 4•owENa CAW NO442.00I.OD]PPM-24407 .................. 6-1 • SECTION VI ACTIVITY CENTER COMMERCIAL DISTRICT 6.1 PURPOSE The purpose of this Section is to Identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as Activity Center, "AC." 6.2 MAXIMUM SQUARE FOOTAGE/UNITS Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses, A maximum of 200.. assisted living facility units may be constructed on lands designated Activity Center. 6.3 GENERAL DESCRIPTION Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. 410 The approximate acreage of the Activity Center District Is indicated on the Heritage Bay PUD Master Concept 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. Commercial tracts are designed to 'accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial 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. Permitted Principal Uses and Structures: 1. Accounting,Auditing and Bookkeeping Services(Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997, 7999). 3. Apparel and Accessory Stores(Groups 5611-5699). 4. Assisted Living Facilities/Congregate Care Facilities. 5. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599) subject to Section 2.6.28. 6. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7521, 7542, 7549). • I 7,i0R00).111547 Ver OfttiR CAW ra442-005-00}151,115.msu 6-2 • 7. Automobile Parking(Group 7521)except for tow-in parking. 8. Auto and Home Supply Stores(Group 5531). 9. Barber Shops(Group 7241) 10. Beauty Shops(Group 7231) 11. Building Materials, Hardware and Garden Supplies(Groups 5211-5261). 12. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 13. Child Day Care Services(Group 8351) 14. Churches and other Places of Worship 15. Commercial Printing(Group 2752, excluding newspapers). 16. Depository Institutions(Groups 6011-6099). 17. Eating and Drinking Establishments(Groups 5812, 5813). 18. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 19. Fire Station/EMS 20. Food Stores(Groups 5411-5499). 21. General Merchandise Stores(Groups 5311-5399). 22. Glass and Glazing Work(Group 1793). 23. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses(Group§7992,7997, 7999) 24. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (ALF) (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 25. Hardware Stores(Group 5251). 26. Health Services(Groups 8011-8049,8082, 8093, 8099). 27. Holding and Other investment Offices(Groups 6712-6799). 28. Home Furniture, Furnishing, and Equipment Stores(Groups 5712-5736). 29. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers; adult and handicapped only) 30. Insurance Carriers,Agents and Brokers(Groups 6311-6399, 6411). 31. Legal Services(Group 8111). 32. Libraries(Group 8231). 33. Management and Public Relations Services (Groups 8741-8743, 8748), Membership Organizations(Groups 8811-8699). 34. Miscellaneous Personal Services(Group 7291) 35. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersrnkhing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, Industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing,tractor repair). 36. Miscellaneous Retail(Groups 5912-5963, 5984, 5992-5999). 37. Model Units/Sales Centers 38. Motion Picture Theaters(Group 7832-7833). 39. Multi-Family Dwellings including but not limited to Apartments. , 7007004-11017 Ws-IM•oWEM ND442-000.007.PPM.WW2 6-3 • 40. Museum, Art Galleries (Group 8412) - p ) Non Depository Credit Institutions (Groups 6111-6163). 41. Paint, Glass and Wallpaper Stores(Group 5231). 42. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 43. Photographic Studios(Group 7221). 44. Physical Fitness Facilities(Group 7991). 45. Real Estate(Groups 6512,6531, 6541, 6552). 46. Resort Recreation Facilities including but not limited to Tennis Clubs, Health 47. Spas, Equestrian Clubs and other Recreational Clubs(Groups 7991, 7999) 48. Retail Nurseries, Lawn and Garden Supply Stores(Group 5261). 49. Public Administration(Major Groups 91, 92, 93, 94, 95, 96,97) 50. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 51. Security and Commodity Brokers, Dealer, Exchanges and Services(Groups 6211-6289). 52. Shoe Repair Shops and Shoeshine Parlors(Group 7251). 53. Social Services(Groups 8322-8399). 54. United States Postal Service(Group 4311 except major distribution center). 55. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 56. Video Tape Rental(Group 7841). 57. Vocational Schools(Groups 8243-8299). 58. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.6. 59. Any other principal use which is comparable in nature with the foregoing 110 uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District including kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. S manoci.119347 V9r 191•W9Erw •a N0447 003.007 FPI%20902 6-4 6.5 DEVELOPMENT STANDARDS A. Property Development Regulations The Property Development Regulations for the Activity Center District and the adjacent Government Facility site are set forth in Table 3. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Shared parking between and among permitted uses shall be permitted throughout the Activity Center District. Each freestanding use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for Activity Center shall meet or exceed the minimum parking required for the combined land uses. D. Access to the government facility site adjacent to the Activity Center shall be from the rights-of-way reserved for the County for future extension of Collier Boulevard (County Road 951), a minimum of 660 feet north of the intersection of Collier Boulevard (County Road 951) with Immokalee Road. • • 7/7011000.111347 Vac 161.DWE70 CAW N0147.007-007-PPHS-21002 6-5 TABLE 3 DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE PRINCIPAL ACCESSORY USES USES Minimum Lot or Parcel Area 10,000 sq ft n/a Minimum Lot Width 75 ft Na Minimum Building Setbacks Immokalee Road 35 ft or BH whichever greater 20 ft Future Extension of Collier Boulevard ft or BH whichever (County Road 951) greater 20 ft Internal Frontage Drives 15 ft 20 ft 0 ft to bulkhead or rtpmp at top of bank provided architectural Waterfront bank treatment Is incorporated into the design and subject to 0 R written approval from Collier County Non-Right-of-Way Perimeter Project Boundary-buildings up to 50 ft in 30 ft 20 ft • height Preserves 25 ft. 10 ft. - Non-Right-of-Way Perimeter Project 35 ft or the Building Boundary-buildings over 50 ft in 50 ft Heights whichever is height greater Minimum Distance Between Commercial Structures which are part of an architecturally 10 ft. 10 ft• unified group Between Structures All Other Commercial 20 ft 10 It Between All Multi-Family Buildings" 4 Sum fleiaph�Building 10 ft Maximum Height Retail Buildings 50 ft 35 ft Office Buildings 85 ft 35 ft Multi-Family Buildings" 85 ft 35 ft Communications facilities Na 65 ft 'excluding drive-through facilities ••For the purpose of Table 3,the term"Mull-Family Building'indudes Assisted Living Facilities 7g07261011-1151347 Wr 151•DYVEHR c-c 140442-005-003.PPM6 24102 7-1 • SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as"CO'and"P". 7.2 GENERAL DESCRIPTION The 863 acres designated as Conservation and Preservation District on the Heritage Bay PUD Master Concept Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 7.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Conservation and Preserve. ID 2. Passive recreation, nature trails, recreational shelters, gazebos and other similar uses. 3. Water management structures. 4. Temporary construction access road. 5. Utility or roadway crossings as shown on the Heritage Bay PUD Master Concept Plan. 6. Mitigation areas and mitigation maintenance activities. 7. Hiking trails, pedestrian/golf cart boardwalks, nature trails (elevated and at grade), riding trails and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 8. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein. 9. 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' .- — - .- — ' IN G if H '!I I!0 t i flt y 1 i 1 �I� M"' 0 F 4 BCYCLEVECIESINIAN HENTAOE BAY S tFli11�FOR uR LtiC nevene d.�..... .r.,wnr .. f .w�.,.� 0 7 '"i INTERSTATE 75 CA 67) i IT LOGAN BLVD p , D3 G.R.951 �g. x }} , f .iii n Xi0 Ste Rk �° '` > :4 �.' : tz 0 "< {4 1 ti. + ; ►--------— ov 6 I1#iI 0 • ----...ur mrTITITIM ' 1 I i i q7c --------.- , 0 cji ° 0 -I- '41 : --,1_ ,r.) i i r,.......„....f„ 1 tf_________) L.L_______-______ till „.....,"-- , W jl III 1-_ is i r, (1 18 ol zV W mo li Wee _G ifl 1• a `� -4% Z 1 ZW Li_m r k O J WIN N al c> a h li ,._,-D ..„ h .---) h s ff'''-- * li l8 II 4i W� L16 1 MU • • ,„.„ ..,. , 1 y • ft,giro , 4,11, P ! i 5sr:: ,,,,, c:2) t=„ 41.1.1% a o o J irsrrrri•go l i IP ::::riM 1 Y 6 :i r �iJ a ill-Rif- ., I11t41f, 1 1 1 ., o 6 1-im�41111 tat, i ii X t%r r111r � A1 j 33 ..---- *-;:4.--° '"'' s•- I 1 I i 1 .1rrlMlt. 1€Nitun MIMI 1111.1 I.":t-... . l mill I!llil ,...r . g a I 1 It rtfrlt� 11IIrlrrrt l : � ' Lila II tl� o.1 tioill 1111N111311151 _ I r t _s,t ti `*.+'1�► o U)nittlltij s w 0 b • • LJ Q >I o N 44 b d O V u H w N O 'O omtivi,,i r ..0,, ,.. w t 1 a i14 03 Y % . q ,. 1 , C ° xwa -s U m b H 4 a O a' ,''r 6i .. y .J O +i C) 0' : ^twy •', W ' U 1 O en > "54 u q '' CC ? w a 44 g,14 0 - ° b 0 0 ° ° " u0U u • a A A • o ...' i4 a °7 w U al w V ° 4)o u ° °q u H 43 U • Q tn H 0 b U U CO u i e w hiJ a , y a +i v V� WI E U O O Q J �, M L CS 1 4J Irl H L1 L Q /X tWA 8 4 V y U 0 0 ■ 8B RESOLUTION NO.03-255 • DEVELOPMENT ORDER NO.03-01 A DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR HERITAGE BAY,A DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA: WHEREAS, on November 27, 2000, US Home Corporation, (herein "Developer"), in accordance with Subsection 380.06(6), Florida Statutes (2002), filed an Application for Development Approval of a Development of Regional Impact(DRI) known as Heritage Bay with Collier County and the Southwest Florida Regional Planning Council(SWFRPC);and WHEREAS, the Developer has obtained all necessary approvals from Collier County agencies, departments, and boards required as a condition of approval for Planned Unit Development(PUD)zoning and DRI approvals;and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider the Application for Development Approval (ADA)for the Heritage Bay DRI;and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes and the Collier County Land Development Code(LDC),which includes the County's Zoning Ordinance have been satisfied;and WHEREAS,the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing to consider the ADA on July, 17,2003;and WHEREAS,the Board of County Commissioners has passed Ordinance Number 03-40 on July 29,2003,which rezoned the subject property to PUD;and WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits consistent herewith by the County or State;and WHEREAS, on July 29. 2003, the Board of County Commissioners,at an open public hearing in accordance with Section 380.06,Florida Statutes,having considered the ADA for the • , B Heritage Bay DRI submitted by Developer; the report and recommendations of the SWFRPC; the record of the documentary and oral evidence presented to the Collier County Planning Commission;the report and recommendations of the Collier County Planning Commission;the recommendations of Collier County staff and advisory boards; and the record made at said hearing,makes the following Findings of Fact and Conclusions of Law, FINDINGS OF FACT 1. The real property constituting the Heritage Bay DRI and which is the subject of the ADA,consists of approximately.2,562 acres,and is legally described as set forth in Exhibit "A"attached hereto. 2. The application is consistent with Subsection 380.06(6),Florida Statutes. 3. The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit"B",which by reference thereto is made a part hereof to the extent that it is not inconsistent with the terms and conditions of this development order. 4. The Developer proposes development of the Heritage Bay Development of Regional Impact,as shown on the Master Concept Plan attached hereto as Exhibit"C", which 411 shall include the following: A. 3,450 residential dwelling units; B. Up to 200 assisted living facility(ALF)units; C. A total of 230,000 square feet of commercial uses depicted on the Master Concept Plan as follows: 1. A Commercial Activity Center containing 150,000 square feet of gross floor area (GFA) of retail use, and 50,000 square feet of GFA of office use; 2. Village Centers containing a total of up to 30,000 square feet of GFA of office commercial use; D. 1,137 acres of lakes,recreation,open space,buffers, and 54 holes of golf Course; E. 863 acres of conservation and preserve area; F. 7,73 acres of governmental uses (County satellite facilities including offices for constitutional officers, fire and emergency medical services,well site and utility pump station). 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12),Florida Statutes. 6. A comprehensive review of the regional and local impact generated by the • 2 t, 8B development has been conducted by the appropriate County departments and agencies and by the • SWFRPC. 7. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05,Florida Statutes,as amended. 8. The development is consistent with the current land development regulations and the Growth Management Plan (GMP) of Collier County, as amended, adopted pursuant to Chapter 163,Part II,Florida Statutes. 9. The Heritage Bay DRI is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. AFFORDABLE HOUSING A. The Developer shall construct on-site on the lands designated"AC/R3"on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80%moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months • thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued,whichever is later. Also,for a time period extending from the date of the issuance of the Certificate of Occupancy, the Developer shall offer the remaining unsold units to the County,or its designee, for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. B. The Developer shall donate$475,000 to Habitat for Humanity of Collier County("Habitat"). The donation represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of Immokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the Developer shall have all the affordable housing units on-site completed and 3 8B • available for occupancy. Al a minimum,the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the Developer constructs less than 190 affordable housing townhouse units on-site,for each unit less than the maximum of 190,the Developer shall donate the sum of 510,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on-site, the Developer would donate $100,000.00 to Habitat,which represents 10 units times$10,000, E. At any time in the future, should the Developer request an extension to the approved build-out date for the project,the Developer shall re-examine the housing needs of the project and provide an updated re-analysis of the affordable housing required. The Developer shall use the methodology in use at the time of the re-analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9.1-2.048 of the Florida Administrative Code. 2. ENERGY • The Heritage Bay DRI shall incorporate the following energy conservation features: A. Provision of a combination bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system will be consistent with local government requirements approved in the PUD. B. Provision of bicycle racks or bicycle storage facilities in recreational, commercial,and multi-family residential areas. C. Cooperation with Collier County in the locating of bus stops,shelters,and other passenger and system accommodations for any future public transit system to serve the project area. D. Developer shall encourage builders: 1. To use energy-efficient features in window design;and 2. To use operable windows and ceiling fans;and 3. To install energy-efficient appliances and equipment;and 4. To include porch/patio areas in residential units. • 4 r go E. Prohibition of deed restrictions, covenants, and design guidelines that • would prevent or unnecessarily hamper energy conservation efforts, F. Reduced coverage by asphalt, concrete, rock, and similar substances in streets,parking lots,and other areas to reduce local air temperatures and reflected light and heat. G. Installation of energy-efficient lighting for streets, parking areas, recreation areas,and other interior and exterior public areas. H. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute(at 60 pounds of pressure per square inch). 1. Selection of native plants,trees,and other vegetation and landscape design features that reduce the requirements for water,fertilizer,maintenance,and other needs. J. Planting of native shade trees for each residential unit. K. Planting of native shade trees to provide reasonable shade for all recreation areas,streets,and parking areas. L. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. • M. Orientation of structures,as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. N. Provision for structural shading wherever practical when natural shading cannot be used effectively. O. Consideration by the project architectural review committee(s) of energy conservation measures(both those noted here and others)to assist builders and residents in their efforts to achieve greater energy efficiency in the development. 3. HISTORICAL/ARCHAEOLOGICAL A. Any significant archaeological sites discovered within the Heritage Bay development shall be preserved in perpetuity and shall be recorded as "preserve area" on all appropriate plats,site plans,and the Master Concept Plan for the Heritage Bay DRI. 13. In areas where archaeological sites have been discovered in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or equivalent protections, such as temporary fencing or other structural barriers,shall be provided 5 • 8B or constructed around the archaeological sites. Any exotic foliage removal within these areas shall be by hand and not by mechanical means. C. The Developer shall support registration of any significant archaeological sites in the National Register of Historic Places. D. The Developer shall cooperate with the Division of Historical Resources (DHR) investigation of any historical or archeological sites that have been discovered by allowing access to such sites by properly credentialed investigators,whenever such access can be reasonably accommodated. E. If any additional archaeological/historical sites arc discovered during the development activities,all work in the immediate vicinity of such sites shall cease immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that a state-certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions,as necessary. F. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Historical and Archaeological Sites are hereby 110 incorporated by reference to the extent they are consistent with Paragraphs A-E above. 4. HURRICANE EVACUATION/FLOODPLAINS A. All deeds to property located within the Heritage Bay development shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in an area potentially subject to hurricane impacts, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high,and hurricane shelter spaces are limited. B. The Developer,or the proposed homeowners' association,shall establish and maintain a public information program for purposes of educating the residents of the development regarding the potential hurricane threat,the need for timely evacuation in the event of an impending hurricane, the availability and location of hurricane shelters and evacuation routes,and the identification of steps to take to minimize property damage and to protect human life. The Developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum,the • 6 r`•88 following items: 1. Operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period;and 2. A public awareness program which addresses vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters,and other protective actions which may be specific to the development;and 3. Identification of the entity responsible for implementing the plan. The final plan shall be submitted to reviewing agencies for a sufficiency finding and shall address the recommendations provided by the reviewing agencies; or alternatively, the Developer shall commit to provide funds to be used for the purpose of procuring communications equipment which would upgrade the existing warning and notification capability of local emergency management officials. The Developer shall provide reasonable assurance to the local emergency management officials regarding the ability of such equipment to reduce the hurricane evacuation impacts of the development. C. All commitments made by the Developer within the ADA and subsequent sufficiency round information,related to Question 16(Floodplains)and Question 23(Hurricane Preparedness), and not in conflict with the above recommendations, are incorporated into the Development Order as conditions for approval. 5. STORMWltTER MANAGEMENT A. The Heritage Bay DRI shall require an Environmental Resource Permit (ERP), for conceptual approval and for construction and operation of the surface water management system for the proposed development. The project may also require a Water Use Permit for certain dewatering activities proposed for the construction of project lakes and/or road or building foundations and for the construction of'the proposed outfall structures/bridges within the Cocohatchee Canal Right-of-way. The Developer shall provide verification that the proposed surface water management system design will meet South Florida Water Management District("District")criteria in effect at the time of permit application. B. If the proposed surface water management lakes are designed as detention lakes, the location and sizing of the control structures will be required during the ERP application review process. C. Loss of historic floodplain storage, net basin storage and passage of 1 . 8B upstream flows associated with the proposed development shall be addressed during the ERP application review process. D. The control elevations provided in the ADA shall be verified during the ERP application review process. E. Pursuant to the Basis of Review (BOR), all commercial areas shall be required to provide 1/2 inch of dry pretreatment. F. As part of the ERP review process,the Developer shall demonstrate that the water quality detention time is not being adversely affected by the introduction of off-site flows. G. The golf course maintenance facility will contain pesticides, fungicides, herbicides, gasoline, and other hazardous materials. The maintenance facility shall meet the appropriate permitting criteria for hazardous waste materials as outlined in the Florida Administrative Code and by Collier County. In addition, 1/2 inch of dry pretreatment will be required for the maintenance field site. H. District staff shall obtain access through the site to get to District-owned • property located north of the project site. The details of the proposed access route/authorization shall be developed during the ERP application review process. I. All existing on-site wetlands shall be preserved and enhanced as required by the United States Army Corp of Engineers (USACOE) and the Florida Department of Environmental Protection(FDEP)permits. J. All internal stormwater management lakes and ditches and any on-site preserved/enhanced wetland areas, shall be set aside as private drainage and/or conservation easements on the recorded final plat. Stormwater lakes shall include,where practical,adequate maintenance easements around the lakes with access to a paved roadway. K. The use of Best Management Practices,as required by the District,in the design and construction of water management systems,shall produce a post development water quality which shall be the same,or better,than pre-development water quality conditions. L. Best Management Practices for water quality shall be included on construction plans for the development and shall be submitted to Collier County for review and approval. M. During construction activities, the Developer shall employ Best 4110 8B Management Practices for erosion and sedimentation control. Such practices shall be outlined in all construction plans and shall be subject to approval by the appropriate agencies prior to their implementation. N. Any construction period silt barriers,or hay bales,and any anchor soil,as well as accumulated silt, shall be removed upon completion of construction. Either the Developer, or the entities responsible for the specific construction activities requiring these measures, shall assume responsibility for having the material removed upon completion of construction. 0. The Heritage Bay water management system is conceptually designed to pass the 150 cubic feet per second (cfs) of water needed to meet the 500 cfs goal for the Cocohatchee East segment of the Cocohatchee Flowway. The goal shall be considered to be met when the 150 cfs from the Heritage Bay development is combined with the 350 cfs passed through the Twin Eagles development. P. The proposed water management system shall be designed to provide water quality enhancements and water storage for the Immokalee Road canal system by attenuating off-site flows through the project. Q. The Developer shall conduct annual inspections of the Heritage Bay • Master Stormwater Management System and any preserved/enhanced wetland areas on the project site so as to ensure that these areas are maintained in accordance with the final approved designs and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. R. The proposed surface water management system is designed to detain run- off volumes for extended periods of time. This increase in hydroperiod will enhance native plant communities. Vegetation transects and groundwater-monitoring wells shall be established and shall be monitored to evaluate any adverse impacts to the on-site wetland and upland vegetative communities. S. The Developer shall confirm,to the satisfaction of all applicable federal, state,local review agencies,and the District,that the proposed stormwater management system will not impact the habitats of any state or federally listed plant and/or animal species potentially occurring on-site,or that such impacts shall be mitigated to the benefit of on-site populations of those species. • • T. The Developer, his successors or assigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas within the development. The Developer shall encourage any private parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. U. The Developer shall participate in any ongoing, or future efforts, by Collier County to establish a countywide stormwater management system to the extent not inconsistent with this Resolution or the Heritage Bay PUD. V. Ditch and swale slopes shall be designed to minimize discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass. W. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes,ditches or swales,or which may interfere with the normal flow of water through discharge structures and under drain systems,shall be cleaned from the detention/retention areas on a regular basis. Any erosion of the banks of project lakes,ditches or swales shall be replaced • immediately. X. Under-drain systems and grease baffles,if utilized within the Heritage Bay DRI,shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. Y. Stormwater management system maintenance requirements shall include the removal of any mosquito-productive nuisance plant species or invasive exotics(e.g.,water lettuce, water hyacinth, cattails, and primrose willows) from all system nodes, reaches and percolation basins,as well as from lake littoral zones employed in the system. Z. To the extent consistent with applicable stormwater management system and environment regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators,such as gambusia affinis. AA. It is anticipated that a Master Homeowners' Association or Community Development District will operate and maintain the project's stormwater management system. B13. All commitments made by the Developer within the ADA,and subsequent sufficiency round information,related to Question 10(General Project Description)and Question 411 to 8B 19 (Stormwater Management), and not in conflict with the above recommendations, are incorporated in this development order as conditions for approval. 6. TRANSPORTATION A. The Developer,or its successor or assigns, shall be fully responsible for site related roadway and intersection improvements required within the Heritage Bay DRI, including those along Immokalee Road and on the future CR 951 Extension,if constructed. As shown on the Heritage Bay Master Concept Plan,these site-related improvements include four (4) access points on Immokalee Road and two (2) access points on either the future CR 951 Extension, if constructed, or an extension of CR 951 for the purpose of providing access to properties north of Immokalee Road. The site-related improvements on the future CR 951 Extension are limited to turn lanes at the project entrances and, if needed, a two-lane urban arterial cross-section road built on-site within the future CR 951 Extension right-of-way from the full access entrance located about one-half mile north of Immokalee Road to the Immokalee Road/CR 951 intersection,as provided in Transportation Paragraph 6.E.2. B. The Developer, or its successor or assignee, shall make adequate commitments to provide the necessary transportation improvements, including design and • engineering, utility relocation, right-of-way acquisition, construction, construction contract administration and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways; Roadway From To Improvement Immokalee Road 1-75 Executive Drive Widen to 6 Lanes Immokalee Road C,R.951(Collier Project's Eastern Widen to 6 Lanes Blvd.) Entrance C.R.951 (Collier Blvd.) Golden Gate Blvd. Pine Ridge Road Widen to 6 Lanes C. The Developer, or its successor or assignee, shall make adequate commitments to provide the necessary improvements including,but not limited to,rights-of-way, costs of signalization,turn lanes,and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through buildout: tt • 8B 411 Intersection Fstlmated Improvement lmmokalee Road/Airport-Pulling Road Signal Timing Immokalee Road/Oaks Boulevard Turn lanes/Signal Timing Immokalee Road/Collier Boulevard Westbound Dual Left-Turn Lane Eastbound Dual Left-Turn Lane Eastbound Through Lane Westbound Through Lane Northbound Dual Left-Turn Lane Northbound Dual Right-Turn Lane Signal Timing lmmokalee Road/Project Driveway t Eastbound Left-Turn Lane Westbound Right-Turn Lane Southbound Right-Turn Lane Immokalee Road/Project Driveway 2 Eastbound Dual Left-Turn Lane Westbound Right-Turn Lane Southbound Left Through Lane Southbound Right-Turn Lane Signal at Warrant Immokalee Road/Project Driveway 3 Eastbound Left-Turn Lane Westbound Right-Turn Lane Southbound Left-Turn Through Right-Turn Lane Signal at Warrant lmmokalee Road/Project Driveway 4 Eastbound Left-Turn Lane Westbound Right-Turn Lane Southbound Left-Turn Lane Southbound Right-Turn Lane Signal at Warrant Collier Blvd,Nanderbilt Beach Road Eastbound Right-Turn Lane Eastbound Dual Left-Turn Lane Westbound Left-Turn Lane Westbound Right-Turn Lane Northbound Dual Left-Turn Lane Northbound Right-Turn Lane Signal Timing Collier Blvd/Golden Gate Blvd. Westbound Dual Left-Turn Lane Northbound Dual Right-Turn Lane Southbound Dual Left-Turn Lane Signal Timing Collier Blvd./Pine Ridge Road Eastbound Dual Left-Turn Lane Westbound Dual Left-Turn Lane Northbound Dual Left-Turn Lane Southbound Dual Left-Turn Lane Signal Timing Collier Blvd./Green Blvd. Signal Timing Collier Blvd./Golden Gate Parkway Eastbound Dual Left-Turn Lane Signal Timing 12 $B D. Improvements to the facilities outlined in Paragraphs 6.B and 6.C. above • shall be made at the time that a road segment or intersection is expected to operate below the level of service standard adopted in the Collier County GMP, or shall be programmed for construction within three years of that time. If the road segment or intersection is not operating at the County's adopted level of service standard and the Heritage Bay DRI is contributing five percent(5.0%)or more of the service volume at that standard,then no building permits shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement,consistent with Sections 163.3220 through 163.3423,Florida Statutes,ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County ensuring completion concurrent with the impacts of development, incorporated into the development order;e)the subject of a binding commitment by the County in the first three years of the Capital Improvements Schedule of the Capital Improvements Element (CIE); or 1) the subject of a binding and enforceable commitment by the Developer to provide the improvement concurrent with impacts of development. Any combination of the above,which ensures that the improvement is made is also acceptable,provided the SWFRPC,Collier County,and DCA agree • that the combination meets the intent of the DCA transportation uniform standards rule. As an alternative to this requirement, the Developer may pay a proportionate share contribution, calculated consistent with the formula in Rule 9J-2.045(1)(h), Florida Administrative Code, to Collier County for the improvements(s). The proportionate share payment shall be applied to the construction of one or more of the significantly impacted improvements listed under Paragraphs 6.13. and 6.C. above, or some reasonable alternatives, which, if constructed, will reduce traffic volumes on one or more of the listed intersections, roadways or roadway segments. A portion of, or all of, the Developer's proportionate share contribution shall be provided through the Developer's payment of Collier County road impact fees.No additional building permits for the Heritage Bay development shall be issued unless the proportionate share contribution is received by the County and there is a commitment to use the contribution for the construction of needed transportation improvements. Any delay in payment or change of the proportionate share payment shall require a re-analysis of the payment amount utilizing the Notice of Proposed Change process for DRIs. 13 • 8Btit Based on the formula in Rule 9J-2.045(1)(h), Florida Administrative Code, the Developer's proportionate share of the costs for needed improvements identified in Paragraphs 6.B. and 6.C. above, has been estimated to be Five-Million-Nine-Hundred-Thousand Dollars ($5,900,000). This amount is well below the anticipated road impact fee payments for the Heritage Bay development which have been estimated to be Sixteen-Million-Two-Hundred- Thousand Dollars($16,200,000). Therefore,the Developer's overall contribution for mitigation of transportation impacts has been determined to be Sixteen-Million-Two-Hundred-Thousand Dollars($16,200,000),which is the higher amount of either the Heritage Bay DRI proportionate share calculation or the Heritage Bay anticipated road impact fee payments. The estimated amount of road impact fees for the Heritage Bay DRI of Sixteen- Million-Two-Hundred-Thousand Dollars($16,200,000), is based on the current Collier County Road Impact Fee Schedule. Pursuant to the Collier County impact Fee Ordinance,the Developer may conduct an independent fee calculation study to demonstrate lower trip generation rates for the residential development of the Heritage Bay DRI. Such an independent fee calculation study is subject to review and approval by Collier County. Even with such an independent fee • calculation study,the road impact fees for the Heritage Bay development will be greater than its proportionate share of Five-Million-Nine-Hundred-Thousand Dollars ($5,900,000). The payment of road impact fees utilizing the independent fee calculation study, if approved by Collier County, will represent, and be accepted by Collier County in lieu of the proportionate share contribution referenced above unless the annual traffic monitoring report indicates that a substantial deviation has occurred and the DRI proportionate share amount is greater than above the road impact fees amount. If Collier County does not accept the methodology utilized in the study and therefore does not approve the reduced fees as a result of the independent fec calculation study, then the County's current Road Impact Fee Schedule shall apply unless the Developer successfully appeals the County's rejection of the independent fee calculation study. E. The Developer and the County mutually agree to the following additional transportation conditions of approval for the Heritage Bay DRI: 1. The Developer shall dedicate a 100 foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area • 14 ................ egg (approximately the mid-point of Section 14),which is a distance of approximately 1.5 milts,to the County,without receiving impact fee credits. This dedication shall occur within the timeframes established by Subsection 2.2.20.3.7. of the Collier County Land Development Code(LDC). 2. If the County acquires the needed right-of-way at the intersection of County Road 951 and immokalee Road that is not owned or controlled by the Developer,the Developer shall construct a 2-lane access road within the 100 foot dedicated right-of-way for a distance of 1/2 mile from said intersection. No impact fee credits shall be available for said construction. The Developer shall construct the 2-lane access road to arterial standards within a multi-lane urban arterial cross section, to be used as part of the future CR 951 Extension,if that extension is constructed. 3. Within 45 days of the County's issuance of a Notice to Proceed on the construction contract to widen Immokalee Road to 6 lanes • between Interstate 75 and the eastern boundary of the Heritage Bay project, the Developer will prepay to the County Five Million Dollars($5,000,000)of the Heritage Bay road impact fees due for the project. This payment is for the purpose of advancing the 6- lasting of Immokalee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County agrees to:(a)modify the lmmokalee Road construction project east of Collier Boulevard (Project #60018), and (b) advance the construction of the 6-laning of Immokalee Road from 1-75 to Collier Boulevard to the year 2006, unless unforeseen circumstances make it impractical to meet this schedule. In this event,construction will begin as soon as possible thereafter. 4. This road impact fee prepayment of Five Million Dollars IS • MINIMUM, 8B 411 (55,000,000) shall be applied as the first 50% payment required under Division 3.15 of the LDC, the County's concunency management regulations in order to vest dwelling units. The exact number of dwelling units to be vested shall be determined by applying the advance Five Million Dollars(S5,000,000)impact fee payment as one-half of the impact fees that are due for the number of multi-family and single family dwelling units that are to be vested(with the mix to be determined by the Developer). 5. The Developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any closer than 1/2 mile from the intersection of said roadways. A right-in and right- out access may be constructed on either or both of these roadways within that 1/2 mile distance at the 1/4 mile distance. F. To determine the Heritage Bay DR1 impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of 411 Transportation,Florida Department of Community Affairs(DCA),and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the date of approval of this development order. Successive reports shall be due each year thereafter on the anniversary date of the DRI approval until the project is completed. At a minimum,the report shall contain a summary of construction and development activities by land use category as of the date of the monitoring report. In addition,the report shall contain p.m.peak hour trip generation estimates and turning movements at each of the project's access points, and at the off-site intersections listed in Paragraph 6.0 above. The report shall also provide a calculation of the existing levels of service for the roadway facilities listed in Paragraphs 6.8 and 6.0 above. An estimate of the level of development expected to be added by the project for the year following the date of the report shall be provided. The monitoring report shall identify the status of the road improvements committed to in the DRl development order and address any deviations from the schedule for making such roadway improvements. G. The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components and to adjacent properties as deemed 16 8B necessary by Collier County. H. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points on its site designs,consistent with Collier County transit plans. T. The Developer,pursuant to Paragraph 6.D. above, shall pay road impact fees,as set forth therein and by making the additional commitments under Paragraph 6.E.above, these commitments by the Developer represent adequate commitments for improvements to significantly impacted regional roadways and intersections listed under Paragraphs 6.B.and 6.C. above. This commitment to mitigate the projects transportation impacts is made with the understanding that the following conditions shall be met: 1. If annual monitoring reports lead to the conclusion that one or more regional roadways and intersections are operating below the adopted level of service standard and the Heritage Bay DRI is contributing more than 5%of the adopted level of service capacity, then further building permits shall not be granted until the standards of the County's concurrency management system have 411 been met utilizing any of the alternatives set forth in this development order. 2. The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with SWFRPC policies, and the determination of impact fees and/or a proportionate share. The regional road improvements shall be in accordance with a local government development agreement entered into pursuant to Section 163.3220, Florida Statutes, and a commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional roads. 3. The Developer proposes the prepayment to the County of some,or all, of the estimated Sixteen-Million-Two-Hundred-Thousand Dollars ($16,200,000) of road impact fees for the Heritage Bay project in accordance with a schedule of payment dates to be i 8B approved by the County. To the extent that the Developer of the Heritage Bay DRI prepays road impact fees,the Developer shall be vested for that number of residential units and amounts of commercial development for which the road impact fees were prepaid; and such residential units and commercial development shall thereafter not be subject to restrictions or moratoria that would otherwise be applied pursuant to the County's Concurrency Managements System adopted in its Growth Management Plan and implementing land development regulations. J. The Developer or its assigns shall not be entitled to receive building permits for more than Two-Thousand-Five-Hundred-Eighty-Eight(2,588)dwelling units(which represent Seventy-Five Percent(75%)of the total approved number of dwelling units)until the first of the following occurs:(1)County Road 951 Extension is under construction to connect to Bonita Beach Road for more than a half a mile north of its current terminus at Immokalee Road, or(2)after July 1,2006 and the Lee/Collier County Project Development and Environmental 411 Study for County Road 951 Extension is completed and the no build option is approved by the respective Lee and Collier County Commissions, or (3) July 1, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the Two-Thousand-Five-Hundred-Eighty- Eight(2,588)dwelling unit building permit limitation. 7. VEGETATION AND WILDLIFE/WETLANDS A. No additional impacts to the preserve areas shall be allowed as a result of the existing excavation permit for earth mining activities. B. The Heritage Bay DRI is a reclamation project from an existing mining activity. The lake excavations and littoral zone plantings shall conform to the requirements of the GMP and LDC in effect at the time of final development order approval. The following GMP policies and LDC regulations shall be applied to this DRI. 1. The Heritage Bay DRI shall comply with the regulations for all wet detention ponds that are used as a part of its water management system as identified by its South Florida Management District Environmental • 18 8B Resource Permit. Wet detention ponds are described as lakes that provide one inch of water quality detention. Attenuation lakes are described as lakes that provide flood attenuation, but not the required water quality detention. Wet detention ponds or portions thereof within the urban boundary shall have a littoral shelf with an area equal to 7%of the pond's surface area measured at the control elevation and shall be planted with native aquatic vegetation.Wet detention ponds or portions thereof outside the urban boundary shall have a littoral shelf with an area equal to 30%of the pond's surface area measured at the control elevation and shall be planted with native aquatic vegetation. The total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. 2. As an alternative to the planting or creation of littoral shelves,credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element(CCME)of the GMP shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral zone planting area requirements. Policy 6.1 of the CCME requires preservation of 40%of native vegetation present not to exceed 25%of the total area of the property. Twenty-five percent of the total site area(2562 acres)of the project is 640 acres.This DR( development order provides for preservation of 861 acres of the existing native vegetation, including wetlands that have significant hydrologic value. Therefore,the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4:1 from control elevation to a depth of five feet. D. Final alignment and configuration of water management structures shall be subject to minor field adjustments to minimize habitat destruction. E. In accordance with Subsection 3.2.8.4.7.3.of the LDC,principal structures S 19 8B are required to have a 25-fool setback from preserve areas and accessory structures are required to have a 10 foot setback from preserve areas. F. Hiking trails, pedestrian/golf cart,boardwalks,nature trails(elevated and at grade),riding trails and other such facilities,constructed for the purpose of passage through or enjoyment of the sites natural attributes shall be subject to review and approval by the appropriate agencies. G. Fencing design for roadway crossing preserves and preserve boundaries shall be included on applicable plans for potential wildlife crossings. H. The project 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 species on-site. A Habitat Management Plan for any protected species existing on-site shall be submitted to Collier County Environmental Service Staff for review and approval prior to final site plan/construction plan approval. I. As required by the USACOE and FDEP permits, approximately 832.3 • acres of wetlands shall be enhanced and preserved. J. Hydroperiods of the on-site wetlands shall not be negatively altered from that which is permitted by the USACOC and FDEP. K. The wetlands shall be maintained free of exotic vegetation. L. Construction best management practices shall be employed for construction activities taking place near wetlands. M. Five conservation areas identified on the Master Concept Plan shall be placed in a conservation easement for protection in perpetuity.The Heritage Bay Homeowners' Association, or a Community Development District, or other ownership entity, shall be responsible for long-term maintenance of the conservation areas. N The homeowners' association documents shall include requirements prohibiting any construction activities other than for passive use within conservation areas. O. The Developer shall consult with FFWCC should additional or differing direct impacts to endangered species warrant review in accordance with Section 372.072,Florida Statutes. 410 20 V S. WASTEWATER M.ANAGEMENT/WATER SUPPLY A. The Developer shall obtain a SFWMD water use permit for the proposed groundwater withdrawals for landscape irrigation. The Developer shall obtain permits for certain dewatering activities associated with the construction of lakes, roads, and/or building foundations,if deemed necessary. B. The project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water faucets, xeriscape landscaping techniques and other water conserving devices and/or methods. These devices and methods shall meet the criteria outlined in the Water Conservation Plan for the public water supply permit issued to the Collier County Utilities Division by the SFWMD. C. At the time of application for the SFWMD permit modification, the Developer shall provide verification that the proposed system designs meet SFWMD criteria in effect at the time of permit application. D. The Developer shall obtain potable water,wastewater treatment and,non- potable water (treated effluent), from the Collier County Utilities Division, if the Division determines that it has sufficient capacity to serve the project. Should the Utilities Division determine that it does not have sufficient capacity to serve the project, the Developer shall construct interim potable water,wastewater treatment and/or non-potable water facilities,or shall postpone development until such time as utility service capacity is available for the project. Any interim facilities constructed by the Developer shall be constructed to County utility standards, and shall be dismantled, at the Developer's expense upon connection to the County utility facilities. Whether potable water,wastewater treatment,and/or non-potable water facilities are provided on-site or off-site, the Developer shall demonstrate to Collier County that adequate capacity to serve the development is available at the time of final site plan or final plat submittal. E. The Developer shall ensure that any on-site lakes, or any wetlands, whether natural or man-made,and the stormwater management system arc adequately buffered from effluent contamination. F. Temporary septic systems may be utilized in conjunction with construction offices,sales offices and model homes. Septic systems shall not be allowed on-site, 21 • 8B other than for temporary uses associated with construction offices, sales offices, and model homes. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm when wastewater facilities(temporary or permanent)become operable. G. All construction plans,technical specifications and plats for the proposed water distribution and wastewater collection systems, and any on-site treatment facilities,shall be reviewed and approved by the Utilities Division prior to commencement of construction. H. Design details regarding the irrigation water withdrawal facilities and an analysis of the potential impacts associated with the proposed withdrawals shall be provided during the water use permitting process. I. All potable water facilities should be properly sized to meet average and peak day domestic demand,in addition to fire flow demand,at a rate approved by the applicable fire district. J. The lowest quality of water available and acceptable shall be utilized for all non-potable water uses. Potable water shall not be utilized for non-potable uses. K. Through the payment of impact fees, property taxes, and the 41) implementation of the Master Concept Plan for the Heritage Bay DRI,the Developer will further Florida's goal of planning for and financing new facilities to serve residents in a timely,orderly, and efficient manner. The Heritage Bay development will also implement Florida's policy of encouraging development of gray-water and water-reuse systems to extend existing sewage capacity. L. Existing water wells shall be used for irrigation water supply. if such wells cannot be used for this purpose, the wells shall be properly plugged by a licensed well drilling contractor and abandoned. M. Irrigation of golf course areas will be designed to encourage deeper rooting of turf grass to provide more efficient utilization of water and nutrients. Irrigation activities shall be limited to the hours between dusk and dawn. Irrigation water recharge well locations shall be selected to minimize interference drawdown between the wells and drawdown beneath on-site or adjacent wetlands. N. Best management practices (BMPs) for wastewater shall be utilized to mitigate potential adverse impacts to surface water and shallow groundwater at and adjacent to S22 opv 8B the development. Such BMPs include proper timing and minimum application of fertilizers, • pesticides, and herbicides on landscaped areas of the property. Biodegradeable varieties of fertilizers,pesticides,and herbicides shall be utilized whenever possible. Slow release nitrogen fertilizers shall be used. This shall be coordinated with the County Extension Office of the Soil Conservation Service. O. Collier County will operate and maintain the potable water distribution systems. The irrigation systems will be operated and maintained by the homeowners' association(s),Community Development District,or private or public irrigation utility. P. For the purpose of potable water conservation,the project shall utilize low water use plumbing fixtures and other water conservation devices. For the purpose of non- potable water conservation, the project shall utilize xeriscape and drought tolerant plants in landscape design. Q. All commitments made by the Developer,within the ADA and subsequent sufficiency round information,related to Question 10(General Project Description),Question 14 (Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), and not in conflict with the above recommendations are incorporated as conditions of approval within this development order for Heritage Bay. • 9. EDUCATION A. The Developer shall coordinate with the School Board of Collier County to make adequate provisions for educational facilities needed to accommodate the impacts of the proposed development which may include a schedule for prepayment of school impact fees to the School Board of Collier County. B. The Developer shall work with the staff of the County's Transportation Department to ensure that the necessary pedestrian and bus pick-up/drop-off facilities are provided within the Heritage Bay project. C. All commitments made by the Developer within the ADA and subsequent sufficiency round information related to Question 10(General Project Description)and Question 27 (Education), and not in conflict with the above recommendations are incorporated as conditions of approval within this development order. 10. POLICE AND FIRE PROTECL'ION. A. The Developer shall coordinate with the Sheriff's Office to consider crime • 23 8B • prevention measures during the site development plan renew process. B. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. C. Any facilities located within the Heritage Bay DRI qualifying under Title III of the Superfund Amendments Reauthorization Act of 1986 and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988 shall file hazardous materials reporting applications in accordance with Sections 302,303,304,311,312,or 313 of the Right to Know Act. Applications shall be updated annually by each reporting facility. D. The Developer shall follow the recommendations of the North Naples Fire District set forth below: 1. Curved streets shall have a minimum tangent of 75 feet in order to allow for ease of operation of fire equipment. 2. The Collier County Fire Code Office shall approve any proposed perimeter walls or fences. 3. Any proposed zero side yard setbacks for residential lots shall be reviewed for compliance with the North Naples Fire District access • requirement. E. Fencing shall be utilized as necessary to separate pedestrian traffic from mining truck traffic. Mining truck traffic shall be restricted from using thoroughfares within residential portions of the development. F. The permits in place for the mining operation contain measures to be used to control dust. The Developer shall abide by those conditions. 0. The Developer shall dedicate 7.73 acres of property within the proposed development to the Collier County Board of County Commissioners to be used for general government purposes including fire station, well site, utility lift station, EMS facility,Sheriffs Office,and other government services in accordance with the time frame set forth in Subsection 2.2.20.3.7 of the LDC. The dedication of the property shall be completed pursuant to a developer's agreement to be entered into with the County. The Developer shall not receive impact fee credits from the County for the dedication of the 7.73 acre parcel. H. The Developer shall follow the appropriate permitting process in effect at the time permits are requested, if natural gas is used. The Developer shall coordinate with the fire district,as required. 410 24 r8B 11. RECREATION AND OPEN SPACE A. The Developer,homeowners'association(s)or a Community Development District shall maintain all recreation areas and open spaces. 13. The Heritage Bay development shall comply with the open space requirements of the LDC in effect at the time of rezoning. C. Vegetated upland areas within the wetland conservation area shall be retained as part of the recreational open space system for the Heritage Bay project. D. The Developer shall pay Two-Million-Eight-Hundred-Thousand Dollars ($2,800,000) in park impact fees to the County within 45 days of the date of approval of the DRI/PUD by the Board of County Commissioners. This payment shall be credited towards the impact fees for recreation and parks facilities due from the Developer. E. The Developer shall donate Seven-Hundred-Seventeen-Thousand Dollars ($717,000)to the County for use in developing regional park facilities. This payment is made in lieu of providing lake systems within the Heritage Bay development to the County. F. All commitments made by the Developer within the ADA and subsequent sufficiency round information related to Questions 10 (General Project Description) and Questions 26(Recreation and Open Space)and not in conflict with the above recommendations • are incorporated as conditions of approval within this development order. 12. SOLID/HAZARDOUS/MEDICAL WASTI A. The Developer shall incorporate the solid waste demands of the project into the county solid waste management program. The Developer shall explore possibilities of extending the life of the existing County landfill by reducing the solid waste volume. This shall be accomplished by encouraging the utilization of practices such as conservation,recycling,trash compaction,and mechanical shredding. B. Any businesses located within the Heritage Bay project,which generate hazardous waste, as defined by Subsection 403.703(21),Florida Statutes,and Rule 62-730.030, Florida Administrative Code,shall be responsible for the temporary storage, siting and proper disposal of such hazardous waste. There shall be no siting of hazardous waste storage facilities contrary to the LDC. C. The project shall be bound by all applicable state and local recycling requirements in effect at the time of issuance of the final subdivision plat. • 25 8B • D. Any buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate clean-up of any spill,leakage,or contaminated water. E. The discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the FDEP. F. The Developer shall comply with best management practices for golf courses to ensure safe and effective application of pesticides and fertilizers. One-half inch of dry pretreatment shall be required for the maintenance field site. G. The Developer shall ensure that the lawns and vegetation at the adult living facility are treated with the minimum amount of chemicals required so as to reduce the risk of the pesticide pollution. H. Prior to construction, the Developer shall provide assurances that a licensed grease transporter has been identified to serve the project's restaurants. 1. Prior to construction of either of the commercial component of the ALF, the Developer shall provide assurance that bio-hazardous and hazardous waste transporters have been identified to serve the project. 13. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN Collier County has determined that the Heritage Bay DRI project is consistent with the Collier County OMP and that the project's development,as approved in this development order, is consistent with the County's Concurrency Management System relative to public facilities necessary to support the development. I4. pup DOCUMENT The Heritage Bay PUD Document(Ordinance Number 03-40)approved by the Collier County Board of County Commissioners on July 29,2003,and this development order govern the development of the Heritage Bay DRI. The Developer acknowledges that the conditions and commitments of the PUD Document govern the development and use of property within the Heritage Bay project, even though the PUD Document is not made a part of this development order. 15. GENERAL CONSIDERATIONS A. All commitments and impact mitigating actions provided by the 4110 26 8B Developer within the Application for Development Approval (and supplementary documents) • that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions of approval. B. The term"Developer"shall include US Home Corporation,and any of its successors or assigns to the development rights and obligations specified in this development order. C. The Developer shall submit a biennial report on this Development of Regional Impact to Collier County, the SWFRPC, DCA, and all affected permit agencies as required by Subsection 380.06(18), Florida Statutes. This report shall contain the information required in Rule 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the"DRI Monitoring Format",as may be amended,provided by the SWFRPC. Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida Statutes. D. The development completion schedule set forth within the ADA,and as adjusted to commence running from the date this development order becomes final, shall be incorporated as a condition of approval. If development order conditions and Developer commitments incorporated within the development order,ADA or sufficiency round responses to • mitigate regional impacts are not implemented consistent with the timing schedule specified within the development order,then such a failure shall be presumed to be a substantial deviation for the affected regional issue. E. If Collier County, during the course of monitoring the development demonstrates that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts,then a substantial deviation shall be deemed to have occurred. The monitoring checklist form contained in Appendix IV to the SWFRPC official recommendations for the Heritage Bay DRI shall be used by Collier County in determining if there are additional, substantial regional impacts. F. Pursuant to Chapter 380.06(16) Florida Statutes, the Developer may be subject to credit for contributions,construction,expansion,or acquisition of public facilities, if the Developer is also subject to Collier County ordinances requiring impact fees or exactions to 27 8B meet the same needs. Collier County and the Developer may enter into a capital contribution front-ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share contribution. G. The land uses approved in gross square footage are consistent with the statewide guidelines and standards set forth in Section 380.065,Florida Statutes. BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County,Florida,that: 1. The County's Community Development and Environmental Administrator shall be the local official responsible for assuring compliance with the development order. 2. This development order shall remain in effect for fifteen(15)years from the date it becomes final and effective. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this development order. 4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes, this project is exempt • from downzoning or intensity or density reduction for a period of fifteen(15)years from the date of adoption of the development order,subject to the conditions and limitations set forth in said Subsection of the Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County,after due notice and hearing,that one or more of the following items listed in Paragraphs A and B is present. Upon such a finding, the Board of County Commissioners of Collier County may take any action authorized by Subsection 380.06(19), Florida Statutes,pending issuance of an amended development order: A. A substantial deviation from the terms or conditions of this development order,a substantial deviation to the project development phasing schedule,a failure to carry out conditions,commitments or mitigation measures to the extent set forth herein or consistent with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the SWFRPC;or 28 8B • B. An expiration of the period of effectiveness of this development order as provided herein. 6. The approval granted by this development order is limited. Such approval shall not be construed to relieve the Developer of the duty to comply with all other applicable local, state or federal permitting regulations. 7. It is understood that any reference herein to any governmental agency shall be construed to mean any future entity which may be created or be designated or succeed in interest to,or which otherwise possesses any of the powers and duties of,any referenced governmental agency in existence on the effective date of this development order. 8. Appropriate conditions and commitments contained herein may be assigned to or assumed by a Community Development District formed pursuant to Chapter 190, Florida Statutes. 9. In the event that any portion or section of this development order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner,affect the remaining portions of this development order which shall remain in full force and effect. 10. This development order shall be binding upon the County and the Developer,its assignees or successors in interest. 11. This development order shall become effective as provided by law. 12. Certified copies of this development order shall be provided by the County to DCA and the SWFRPC as provided in Subsection 380.06(25Xg),Florida Statutes. BE IT FURTHER RESOLVED,that this Resolution be recorded in the Minutes of this Board. 29 • 4 8B This Resolution adopted after motion,second,and majority vote. Done this LY day of SV{1 ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER CO FLO'IDA A1TESj�i,, `'C*.. 7 + _ '.4+1*11J E By DWI HT E.E R L TOM HENNING,CHAIRMAN .1144t p to # s 1-29-03 sr+ rt,00,44,. APPROVED Ada TO FORM AND LEGAL SUFFICIENCY'. M }1, P 1144 Marjorie .Student Assistant County Attorney 410 • 30 Wilson Miller 8B New Directions In Manning,Design d Enpnrernnp RECEIVED AUG 1 9 2003 EXHIBIT A — LEGAL DESCRIPTION HERITAGE BAY COLLIER COUNTY,FLORIDA Sections 13, 14,23 and 24,Less the South 100 feet of Sections 23 and 24,Township 48 South,Range 26 East,Collier County,Florida. Containing 2582.3 acres,more or less. Prepared by: WilsonMiller,1r+c. ,. Gary j ,ashfc*d,P ; ssicnal Surveyor&Mapper FIori egistratinn hto, LS6305 See attached survoy. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. P.I.N.:N0442-008-000-FLS1A, Ref.:5L-242, Date: August 5,2003 • Naples fort Moors t:sras•ta Tempo Tollabaaa•• Panama City Hooch 4571 Colonial Boulevard,Suite 100 Fort Myers,Florida 33912 239-939-10201 239-939-7479 -0 .15 o3-2OM Vic 11I.SEREK MWW.IY/IIOMR/NM 0x111 • cam N0142-00110011T.71507 WilIOnM.Ora,inc - 1L lir.LC CO00170 , ___ 8B 0 1 M A f 1! i — —X il 1 . 11 i iii 11 1} ' I t „P o01 • 1 4; j,lire °r b :0 1,a11i,1 t fiC jjj 11' i;, 111 ..,iii!,a R 1 1 Ilia, I iil` , , L: r�11i i i �j ......mg . i 1 III n le 1i x tM1,i 06•••1 ea NNW rarer la 1 41 r 04 1t1 ii., 11 ,,E i — i ° 1 1 Y ja Y I 1 i ill g z' • t. 116 1 g. 4 1 1 1:4 • 0 : ; II 1 I ! 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'I .1tIMIPtarrylimr.° (carol miomM OINCZ 1.41,1113113, 9 8 I DEVELOPMENT ORDER NO. 2011- 02 RESOLUTION NO. 2011- 1 2 3 A RESOLUTION AMENDING DEVELOPMENT ORDER 03-01, HERITAGE BAY, A DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF BUILDOUT DATE AND EXTENSION OF EXPIRATION DATE; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST IN COLLIER COUNTY,FLORIDA WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 03-01 (the "Development Order") by Resolution 03-255 on July 27, 2003. which approved a Development of Regional Impact(DRI)known as Heritage Bay DRI;and WHEREAS. in accordance with Section 380.06(19(c), F.S., as approved by the Florida Legislature in 2007 and 2009, a three-year and two-year extension to the expiration date and • projected buildout date was given to this DRI; and WHEREAS, on June 22, 2011, Developer provided written notice to County that it was availing itself of the automatic four year extension provided in Chapter 2011-139, Laws of Florida to further extend the projected buildout date and expiration date of the DRI; and WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing Lennar Homes, I.LC and Pulte Home Corporation, petitioned the Board of County Commissioners of Collier County, Florida to amend the Development Order by setting a buildout date and extending the expiration date; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on July 7. 2011; and Words struck through are deleted; surds underlined are added. llcritage 13a.s DRI DOA-P1.2010-274 Res ised 7107/I I 1 of 5 WHEREAS, on July 26. 201 1, the Board of County Commissioners, having considered application of proposed changes to the Development Order and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, and report and recommendation of the Collier County Planning Commission, the report and recommendation of the Collier County Planning Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby approves the following Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 03-01 Conclusions of Law, Section 2 (FOLLOWING GENERAL CONSIDERATIONS 15.G.) of Development Order 03-01 is hereby amended to read as follows: 2. This development order shall remain in effect until September 10. 2032. The buildout date for the development shall be December 30. 2021 • SECTION TWO: FINDINGS OF FACT A. That the real property constituting the Heritage Bay DRI, which is the subject of the proposed amendment, consists of approximately 2,562 acres, is legally described as set forth in Exhibit "A",attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)1., Florida Statutes. The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the State Land Planning Agency and Collier County as required by Section 380.06(19)(e)1. This Section also provides "A Notice of Proposed Change ... that involves an extension of the buildout date of a development, or any phase thereof, of less than five years is not subject to the public hearing requirements of t(3) and is not subject to a determination pursuant to subparagraph f(5)." Words.truck ihr&ugh are deleted: %%ords underlined are added. I Icritage fia■ DR! `DOA-1L2010-271 410 Revised 7107/11 2 of 5 ............................ . .. C. A review of the impact generated by the proposed changes to the previously • approved development has been conducted by the County's departments. D. The Regional Planning Council notified the County in April, 2011 that the proposed changes do not create additional impacts. E. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes,as amended. F. A summary of the buildout dates and expiration dates is as follows: Buildout Expiration Original Date 12/2009(in ADA) 9/12/2018 2007 Extension—3 years 12/2012 9/12/2021 380.06(19)(c), F.S. 2009 Extension—2 years 12/2014 9/12/2023 Senate Bill 360 2011 Extension—4 years 12/2018 9/12/2027 380.06(19)(c), F.S. Proposed 4 years 364 days 12/2023 9/10/2032 SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not require further development-of-regional-impact review. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. Words stfuek-flweogh are deleted:%.ords underlined are added. Heritage Day DRI / DOA-PL20I0-274 Revised 7/07/11 3 of 5 D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)(c) which provides ... an extension of five years or less is not a substantial deviation." Pursuant to Section 380.06(e)1, it is not subject to the public hearing requirements of 380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19X 05. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 03-01 shall remain in full force and effect, binding in accordance with the terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. • BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion. second and favorable vote. Done this 26th day ofJuly, 2011. ATTEST,. . r t•,,;' BOARD OF COUNTY COMMISSIONERS DWIG,teE"BROCk,.CLERK COLLIER COUNTY, FLORIDA l ' v AlEalltf toe BY: 7 (A), 0I •ler FRED W. COYLE. Chai mouton sirs" Words sthrough arc deleted: words underlined arc added. Heritage 13a) DRI/DOA-PL20I0-274 • Revised 7/07/I I 4 of 5 Approved as to form • and legal sufficiency: :11f\t'tk Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachment: Exhibit A—Legal Description CPi I0-CPS-01015\37 Words stuck hfoogh are deleted: %%ords underlined are added. Heritage Bay DRI/DOA-PL20I0-274 Revised 7/07/I I 5 of 5 f I �,Ilrer 8B Nor tk.ore.k+rr &lam RECEIVED • AUG 19 2003 EXHIBIT A LEGAL DESCRIPTION HERITAGE BAY COLLIER COUNTY,FLORIDA Sections 13,14,23 and 24,Less the South 100 feet of Sections 23 end 24,Township 48 South,Range 28 East,Collier County,Florida. Containing 2552.3 acres,more or lees. Prepared by: tNErarAlNNer,Ma !'...w► Gary •ashtoni,f'r. Oa*8 u .yor& • IT. .. ,hro.LS5305 See attedred smrwy. Not rind without the signature and the original raised seal of a Florida licensed surveyor and mapper. P.I.N.:N0442-005.000-FLs1A, Ref.:5L-242, Date: August 5,2003 Reeler Fart layers larae,N Tanya Tallahassee Paeans City 10001 1371 COIorid 80610 Snit.TO Pa?Mer f*m M911 239-M 1020W 239-930-7479 mow am vw sewMrw MYnaw wpismn.m f 1W woneerwr .,,.f e 4 CI90,I0 -- • DE PAYIDSON M FFING S HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I • Property Sketch/Survey www.davidsonengineering.com r -, Z , ---"00.1.---Z- Ir 0 / /ig 7-.. 0._ / kir ,4, 4 Ea 6 i , Ty / i , ,f., 1 i . .lo. .7. 0, -......... 6 (..) g & g , ,....x G. T1 .4irl 4. Cr) (4 ' ''''• , 4 VA ...■ 4...!,t I ''''' ,.., W I •* u. •"' co itati, / .... ,. i. E.--ft.0 t 0 0 . h 12 , , .,e.. tgl v.., ,g,. >_ g e2 x , itp-0,...,1 I -°.*4 , kl• 4 ' r-`,... . 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If g V . , i .60'69Z 3.g£,DC.00S 1 - t r K NNNNNN u r il (w .000 ativrainos l3M00 ,I La 2 ..■ ? 101;:n1 somn Tim71IiomP-1.laytu-ol-tnoursftougazosao S HolansvorrioNm-vosstgsmi Nou.vooi DE PAVIDSON • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I CC 2nd Response Letter www.davidsonengineering.com DE DAVIDSON _ ___. • E N G I N E E R I N G wwwdavidsvnengineenng corn 4365 Radio Road, Suite 201 • Naples, FL 34104 • P(239) � )434.6060 • F 239 434.6084 m_.__.____.._.... . Fred Reischl,AICP July 24,2014 Principal Planner Collier County Growth Management Planning&Zoning 2800 N Horseshoe Drive Naples, FL 34104 Re: Heritage Bay PUD PDI-PL20140000966 2nd Review Dear Mr. Reischl, We have included the following items for review and approval: 1. Twelve(12)copies of the Response Letter; 2. Twelve(12)copies of the Current Master Plan,showing the proposed additional one-way access; 3. Twelve(12)copies of the letter from David Crawford with the RPC. We offer the following responses to comments dated July 17,2014: 411 COUNTY ATTORNEY,HEIDI ASHTON CICKO 1. Please provide original Master Plan with additional access points shown. Response:Please find the original PUD Master Plan attached. The additional limited access point has been illustrated per the reviewer's request. 2. Provide an explanation of how this request meets the requirement for unified control of the PUD. Do you have consent of the Master Association? And Developers? And CDD? Response:Authorization to proceed with providing this additional limited access per the application is being acquired from the Heritage Bay Master Association who retains unified control of the PUD. This authorization shall be provided to the County Attorney and Hearing Examiner prior to the scheduled hearing to hear this application. 3. Confirm this is only a change to the Master Plan and not a Text change. Response:Acknowledged. This change constitutes a Master Plan change and not a text change to the PUD. 4. The addition of an external access point may require an amendment to the DRI. Please contact the RPC. Response: The Southwest Florida Regional Planning Council has been contacted. It is of their opinion that no amendment to the DRI is necessary for this change.Please see the attached letter from the RPC. DE • DAVRA N E N G 1 N F F 17 1 N G The following comments are information and/or may include stipulations: 1. Please remove Collier Blvd from the Survey/Sketch to accompany Description, the 100' ROW is not Collier Blvd. Response:Per phone conversation with Annis Moxam on July 23rd,the call out for the 100'ROW is to remain as Collier Blvd, as recorded with the Cameron Commons Unit One and Heritage Bay Commons Plats. Therefore,no changes to the Survey/Sketch are required. 2. An automated bar gate of PVC or similar material is required at the entrance. Response: Acknowledged. An emergency services accessible automated gate shall be provided at this limited access point at the time of filing the first SDP for subsequent installation prior to site occupation. 3. Adequate signage warning motorists this will be an"Emergency Vehicles Only"access point is required. Response:Acknowledged. Adequate signage shall be provided at this limited access point at the time of filing the first SDP for subsequent installation prior to site occupation in accordance with regulations governing signage in the PUD and LDC. 4. The new access will be restricted to Right-In Only. 110 Response:Acknowledged. The proposed access shall be right-in only. Necessary curbing and radii shall be provided at this limited access point at the time of filing the first SDP for subsequent construction prior to site occupation. S. A minimum of a 30' Throat Length will be required at all times. Should future widening of the Plateau Rd /Broken Back Rd as an extension of Collier Blvd roadway occur, it shall remain the(financial)responsibility of the landowner to maintain a 30' throat length. Failure to maintain this minimum safety requirement may result in temporary closure of the access point until such time that the minimum safe throat length is restored. Response:Acknowledged. Should you have any questions or require any additional information, please feel free to contact me at(239)434- 6060 ext.2961 or by email at fred @davidsonengineering.com. Sincerely, ,L_L\ Frederick E. Hood,AICP Senior Planner QDE HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I RPC Letter 411 (Stating a DRI Amendment is not necessary) 410 www.davidsonengineering.com „\.^ Southwest Florida Regional Planning Council ` , 7t ti:�� r�e w @� x,::>? 324 �' ::yt�� u �2�,, i , �r r ` 1928 Victoria Am,Fart Myers,Fledda 389014414 (239)as-2550 FAX(239)333.28110 �nr.twh/c erg July 22,2014 Ms, Jessica Harrelson Project Coordinator Davidson Engineering,Inc. 4365 Radio Road,Suite 201 Naples,FL 34104 RE: Heritage Bay DRI Notice of Proposed Change Interpretation • Dear Ms.Harrelson: I have received your request dated July 17, 2014 requesting an interpretation for the need of a Notice of Proposed Change (NOPC)for requested changes to the Heritage Bay Development of Regional Impact (DRI). The Heritage Bay DRI is a partially built,mixed use development that is located on Immokalee Road in the northern area of Collier County. The applicant is requesting an additional, one-way, EMS only access drive to the subject site (Tract 1 within the Cameron Commons Unit One Plat)from the adjacent 951 extension right-of- way(see the attached graphics). Based on the new information submitted for review,the Council staff continues to conclude that a NOPC will not be necessary for the following reasons: 1. The proposed change will not result in any net changes to the overall density or intensity of the approved land uses in the DRI; 2. The proposed change will not have any increase in environmental impacts and no wetland or any other environmentally sensitive lands currently preserved in the DRI will be affected; 3. The stormwater management system that has been previously approved and constructed in the DRI will not be changed;and 4. The proposed change will not increase any vehicle trips from the DRI or produce any substantial impact on the regional transportation network. S Based on the information submitted by the applicant and an analysis of the proposed change • being requested, Council staff finds that this request will not create a reasonable likelihood of any additional impacts not previously reviewed by the regional planning agency. Additionally, given the evidence provided, Council staff finds that the requested change is in accordance with 380.06(19)e.2.,F.S.which states: "The following changes, individually or cumulatively with any previous changes, are not substantial deviations." Sections a. through I. identifies the types of changes that are not substantial deviations to approved DRIs and Sections i. and k. specifically states: i. Any renovation or redevelopment of development within a previously approved development of regional impact which does not change land use or increase density or intensity of use;and k. Changes that do not increase the number of external peak hour trips and do not reduce open space and conserved areas within the project except as otherwise permitted by sub-subparagraph j. The Department of Economic Opportunity in the past has found that these types of changes, because they are minor and do not increase regional impacts or negatively impact regional resources or facilities,do not require NOPC review in an attempt to streamline the process. Should you have any questions concerning this matter,please do not hesitate to contact me. Sincerely, • SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL David E. Crawford,AICP Principal Planner/DRI Coordinator dec/DEC cc: Heidi Ashton Cicko,Office of the County Attorney S N • W -.010." E I 1 1 s 0 0.5 wommiiinelliiiniiiiii MILE 1 ' ! t 2. I 3 0 0 ce V .-"r I ¶p IMMOKALEE ROAD(C.R.848) 1 8 c4 , Q /, • _. 2 t l LEGEND j HERITAGE BAY PUO 9U8JECT_PROPERTY A. ..""._. x......MAJOR ROADWAYS I SOURCES COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS(2014) 1.... ‘11'iilfeT MEND . ' •to' r ., ...„ . , , , , ,.. ,- bti...ftgir ., DADE i III DAVIDSON ENOIN,SUITE INC. HERITAGE BAY PUD (ORD. 03.40) 4368 RADIO ROAD,SUITE 201 NAPLES,FL,34104 pc gPp9 PHONE:239.4344060 CAMERON COMMONS UNIT 1 -TRACT 1 LOCATION MAP , 011,14, 'Ilillialti... 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HERiTAGE SAY PUG CAMERON COMMONS UNIT 1 7PACT 1 , : PAYLEM1 - - MOMS CAROLlo , ■tto ow%row,.A, ', "'' .. ,. Pa MEDICAL OFFICE '1:ONCEPTUAL SITE PLAN SC ..,.......,,. ,. ___ DE HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I • Letter of No Objection from Heritage Bay Commons Association • www.davidsonengineering.com August 4, 2014 • Mark Strain Collier County Hearing Examiner 2800 North Horseshoe Drive Naples, Florida 34104 Re: Planned Unit Development Insubstantial Change PL20140000966 Heritage Bay PUD Dear Mr. Strain: The Heritage Bay Commons Association, Inc., is the association governing Heritage Bay Commons, the commercial portion (i.e.Activity Center District)of the Heritage Bay PUD. The subject property is located within the area governed by the Heritage Bay Commons Association. The Heritage Bay Commons Association has reviewed the proposed Master Plan for the subject property prepared by Davidson Engineering under its Project Number 06-0076, dated June 2014. The proposed Master Plan reflects an entrance on the south side of the property over a road that is now in existence,as well as a proposed one-way access point from Brokenback Road(i.e.the future SR-951 extension) into the subject property for EMS vehicles that is located toward the north side of the subject property on its western boundary. Based on our review of the proposed Master Plan and the absence of impacts to other properties within Heritage Bay Commons resulting from the proposed access point, the Heritage Bay • Commons Association has no objection to the requested insubstantial change to the Heritage Bay PUD to add a one-way access point into the subject property. If you have any questions,please do not hesitate to contact me at(239)278-1177. Sincerely, J t Tony Bur.- President of Heritage Bay Commons Association, Inc. .l DE PAVI9' HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I • Photos of Installed Public Hearing Signs 411 www.davidsonengineering.com yy J . !...iliojiii''',!....::........:...,''''''''''-,„:"'" ''''. ' . yr taw .lay, a' r.> � � DE p,v! SON' • HERITAGE BAY PUD- PDI CAMERON COMMONS UNIT ONE-TRACT I • Affidavit of Posting Notice www.davidsonengineering.com SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen III (15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5)feet from the nearest street right- of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE:AFTER THE SIGN HAS BEEN POSTED,THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED FREDERICK E.HOOD,AICP,SENIOR PLANNER WHO • ON OATH SAYS THAT HE/SHE AS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03,00 OF THE COLLIER COUNTY LAND DE E••PME T CODE ON THE PARCEL COVERED IN PETITION NUMBER P120140000966 Herita:e Ba 0-P n 1 4365 Radio Road,Suite 201 Sig"`ature o A.. an :1 :e Street or PO Box Frederick E.Hood,AICP Senior Planner Navies, FL 34104 Name(Typed or Printed) City,State,Zip STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 3'd day of September 2014,by Frederick E.Hood, AICP, personally known to me or who produced as identification and who did/did not take an oath. :•.ture of Notary Public 0 JESSICA HARMIEL iltl. my C s .ff 01,254 Printed Name of Notary Public My Commission Expires: .fir;;„ sondrionto wog Ws' • (Stamp with serial number) i AGENDA ITEM 4-D Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: SEPTEMBER 25, 2014 SUBJECT: PETITION SV-PL20140000256,DICK'S SPORTING GOODS APPLICANT: AGENT: UP Development—Naples Dicks, LLC Thomas Gianni 1045 Tullos Road ImageOne Industries Franklin, TN 37067 677 Dunksferry Road Bensalem,PA 19020 REQUESTED ACTION: The applicant requests a variance from the two wall sign limitation for outparcels in Land Development Code (LDC) Section 5.06.04.F.2 and the 200 square feet total wall sign size limitation in LDC Section 5.06.04.F.4.a, to allow for three wall signs - one each on the North, East and South façades -measuring 509.5 total square feet. GEOGRAPHIC LOCATION: The subject property is located in the southwest corner of the Pine Air Lakes PUD. The site is accessed from Naples Boulevard. PURPOSE/DESCRIPTION OF PROJECT: The applicant submitted the Sign Variance application with the understanding that the subject site is an "outparcel in character" and is subject to the outparcel sign regulations (Section 5.06.04.F.2 of the LDC). Staff has since determined that the site is not an outparcel. Since it is not an outparcel, it is not subject to Section 5.06.04.F.2. Therefore, the applicant is no longer requesting a variance from the two wall sign limitation in LDC Section%.06.09.F.2. The LDC (Section 5.06.04.F.4.a) permits a building between 25,000 and 59,999 square feet to have three signs with a maximum combined square-footage of 200 square feet. Therefore, this variance request would now only be for the total area of the signs,not the number of signs. SV-PL20140000256 Dick's Sporting Goods Page 1 of 6 September 25,2014 I *INN 7 - � I g O . t s¢! W< .sir# I A i 574.""-"'04)0.a !! -+ 1 1 /\/ - A.:.... :, . . - , , . a3WM 2 1 v 8 g 0 • ars�s iI a ills i .Ia*.' as Z won ,in sa+«u,Mn Q V 8 a N .mss I a s s a s a s s a s s ■ - t31.�c ,�,��— s,a a . C a i i a ! a s ` I 1' 7 rri low • i .. y .' ' •,•,S. III a e:11 DI It —1 ■ i I iY 6I ,_ S _- MILS - MOTH - .Wqa ww 1 gifA Jr i 1 co An I a y auw ev« ' 5 p LUAUS N• J a aac cu ml cn r , �: n .. -: F :1 I. w aa-roar; . ��_ ;*, . i i §1 q kill ".L. -, ." F _ _.,_ \ 4, a i 14 Iv � .:r > : ,. E (in bal it 1— vi ` _\11; a -° ' i -._1g Z IN-." 111 cl In 'ININIIIIII___--1 --411MIIAMIRIFIRIIIII r ° as ... e a— � � I wrn srwi n m: it ''i tt IIIIIIIII LL'. IiLI h 0 MMIR Ver~--. cur OF MEXICO SURROUNDING LAND USE & Z ONING: North: Retail stores; zoned Pine Air Lakes PUD East: Naples Boulevard ROW, across which is a retail store and undeveloped land; zoned Pine Air Lakes PUD South: Office park; zoned C-5 West: Industrial buildings; zoned I t , _ iltitL. s SUBJECT i 1 � t ...- r ,� ,t!3r ! ,• ,I$ as ,11 �`' = - 44 - l.• ' i :- —I- . . t, to. a: �' ti -.7,i,,1, ...,..:t t' . i f i• ».CY' i d' ji s E (., i f K < INV ' L rf-*,.. A k re tis.....Ni jtrik; 7, : , ...., .T, Aerial Photo(Collier County Property Appraiser) GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is located in the Mixed Use Activity Center Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The Pine Air Lakes PUD is consistent with the Future Land Use Map. SV-PL20140000256 Dick's Sporting Goods Page 3 of 6 September 25,2014 Based upon the above analysis, Staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. According to the Applicant, the irregular shape of the subject parcel creates the need for the increased size of the sign. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. If a literal interpretation of the LDC were applied, the Applicant would be limited to 200 square feet of sign area. The Applicant states that the irregular shape of the parcel, and having a curved road frontage,may limit visibility from the ROW. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The irregular shape of the parcel does not result from the actions of the Applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, it should be noted that the irregular shape of the parcel creates a hardship regarding visibility. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. The Applicant believes that the signs are the minimum area to maintain visibility. Staff disagrees and believes that a smaller sign on the north elevation would still create needed visibility. The Applicant has requested a 158.1 square foot sign; Staff believes that a sign area similar to that requested for the south elevation (70.2 square feet) would be more consistent with the LDC. SV-PL20140000256 Dick's Sporting Goods Page 4 of 6 September 25,2014 f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In Staffs opinion, the Applicant's request, with Staff's recommendation to reduce the north sign area to 70.2 feet, reflects these objectives. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney has reviewed the Staff Report for SV-PL20140000256 on September 11,2014. SAS RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a Decision to approve Petition SV- PL20140000256 as to the variance from LDC Section 5.06.04.F.4a, with the following conditions: • The sign on the front facade (east elevation) shall be limited to 281.2 square feet in area. • The signs on the side facades (north and south elevations) shall each be limited to 70.2 square feet in area. SV-PL20140000256 Dick's Sporting Goods Page 5 of 6 September 25,2014 PREPARED BY: / FRED EISCHL,AICP,PRINCIPAL PLANNER D ATE PLANNING& ZONING DEPARTMENT REVIEWED BY: 9. q.j¢ RAY 'D :BELLOWS, ZONING MANAGER DATE PLAN NG&ZONING DEPARTMENT APPROVED BY: ;;,mA� A , MICHAEL BOSI, AICP,DIRECTOR DATE PLANNING&ZONING DEPARTMENT SV-PL20140000256 Dick's Sporting Goods Page 6 of 6 September 25,2014 6 August 1,2014 Fred Reischl,Senior Planner Collier County Growth Management Division Planning&Zoning Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: Dick's Sporting Goods—5955 Naples Boulevard, Naples, FL 34109 Sign Variance,Application No. PL20140000256 Dear Fred, Attached please find a revised and complete application for the sign variance for the • Dick's Sporting Goods. Included with this submittal is the following documentation: revised & complete application for Sign Variance Petition, including the completed addressing checklist and owner's affidavit; legal description; survey/site plan; justification statement; location map; notes regarding the pre-application meeting; and notice documentation, including the draft notice letter. It is our understanding that the list of property owners to be mailed will be obtained once the County processes the attached addressing checklist. Below please find our detailed responses to the initial completeness review comments dated June 2,2014. Graphics—GIS Review Please add parcel 2 to the legal description on the application. Should be Pine Air Lakes, Unit 1, parcel 2. Response: Attached please find revised application and legal description, amended as noted above. • 1 {29235755.2) imageone t 4 County Attorney Review In the "Property Information"section of the petition,you entered "N/A" for the "length&height of wall". However, the attached site plan shows that you are in fact requesting three wall signs. Please revise the "Property Information: section to indicate the length and height of the wall(s) upon which the sign(s)will be secured. Response:Attached please find revised application,amended as noted above. In the petition narrative/description, please indicate each specific section(s) of the Land Development Code from which you are seeking a variance,and explain each variance in detail. Response:Attached please find revised project narrative/description,amended to indicate the specific section(s) of the Land Development Code from which a variance is sought,specifically section 5.06.04.F.4(a),with a detailed explanation. The Owner/Agent affidavit lists Lisa Sawchyn as the agent, but the Application Contact Information in the petition lists her as the applicant. 0 a) If she is the agent, please revise the petition to list Lisa Sawchyn of Imageone Industries as"Agent",and list the property owner(UP Development—Naples Dicks, LLC, according to the County Property Appraiser) as the "Applicant". You would also need to revise the Owner/Agent affidavit to indicate Scott Fish's title and evidence of his authority to sign on behalf of UP Development--Naples Dicks, LLC. b) However, if the petition is accurate and Lisa Sawchyn of Imageone Industries is in fact the "Applicant", then please revise the Owner/Agent affidavit to have her name/title in the "Property Owner" field and Thomas Gianni in the "Agent" field. (You can simply cross out the word "Property Owner" and write or type in the word "Applicant".) Moreover, if Lisa Sawchyn is the Applicant, then you must provide separate evidence that the Property Owner is aware of, and consents to, this application for a sign variance. Response: Attached please find a revised application, which includes UP Development — Naples Dicks, LLC, as the Applicant and Imageone Industries, as the agent. Additionally, attached please find documentation from the Florida Department of State, Division of Corporations, indicating that Scott Fish serves as the Manager for this Florida limited liability company. Moreover, please note that the agent authorization form has been amended to reflect the same. • {29235?55,2) Ilk • Please provide evidence that Imageone Industries is a valid,active business entity in the State of Florida. Response: As Imageone Industries is no longer the applicant, this comment is not relevant. Attached please find documentation from the Florida Department of State, Division of Corporations that UP Development — Naples Dicks, LLC, the Applicant is a valid, active business entity in the State of Florida. If you have any further questions, please do not hesitate to contact us. We look forward to working with you on this application. Sincerely, Thomas Gianni • {29235755;21 Coi116r Cit' utrity • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 SIGN VARIANCE PETITION LDC sections 9 04.02,5 06,08, &Code o i l aws section 2-83 - 2-90 Chapter 3 I. of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): UP Development - Naples Dicks, LLC do Scott Fish Address: 1045 Tulloss Road City: Franklin State: TN zip: 37067 Telephone: 407-896-1132 Cell: Fax: 407-894-8381 E-Mail Address: Sfisheyman@aol.corn Name of Agent: Thomas Gianni Firm: Imageone Industries Address: 677 Dunksferry Road City: Bensalem state: PA zip: 19020 Telephone: 215-826-0880 x 119 Cell: Fax: 215-826-0514 E-Mail Address: tgianni@i1ind.com Be aware that Collier County has lobbyist regulations.Guide yourself accordingly and ensure that you are in compliance with these regulations. • 10/18/2013 Page 1 of 5 Goiter 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 iNFORM 1'R) Provide a detailed legal description of the property covered by the application. If space is inadequate,attach description on a separate page. Property I.D.#: 66760001723 Section/Township/Range: 11 /49S/25E Subdivision: Pine Air Lakes Parcel 2 Unit: 1 Lot: Block: Metes&Bounds Description: See legal description Address of Sign Location: 5955 Naples Boulevard, Naples, FL 34109 (26° 13' 2.56", -81° 46' 29.18") Current Zoning: PUD Land Use of Subject Parcel: Vacant Commercial East-222x25.North+South-246x25 If a wall sign, length&height of wall upon which the Sign will be secured: Width of Subject Property(road frontage): 1380 feet • NATURE OF PETITION 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15 ft. to 10 ft.;why encroachment is necessary; how existing encroachment came to be;etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-g), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application,please address the following criteria: a. Are there special condition and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 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. 10/18/2013 Page 2 of 5 eY County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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? S S 10/18/2013 Page 3 of 5 flier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 suBmtrrAL REQ UIREM MENTS CHECKLIST See Chapter 3 I.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 6 © ❑ website) Pre-Application Notes 1 ❑ Notarized and Completed Owner/Agent Affidavits 1 Survey or Site Plan of Property 6 © E Location Map depicting major streets in area for reference 1 Completed Addressing Checklist 1 Once the first set of review comments are posted, provide the assigned project manager the Property Owner Advisory Letter and 1 ❑ ❑ Certification Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all 1 E ❑ 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: Sign Variance Petition:$2,000.00 ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 As the authorized agent/applicant for this petition,I attest that all of the information Indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the ciefay of process this petition. Applicant/Agent Signature Date Thomas Gianni/Applicant Printed Name/Title 10/18/2013 Page 4 of 5 410 CO BY Caunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.neli (239)252-2400 FAX:(239)252-6358 AFFIDAVIT We/l,Scott Fish,as manager of UP Development-Naples Dices,LLC 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 Torn Gianni to act as our/my representative in any matters regarding this Petition. • Signature of Property Owner Signature of Property Owner Scott Fish,Manager Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this / day of C t�,.s t, 20_P-1,by S Cc Fi�;F- who is personally known to me or has pr duced as identification. (Signature of Notary Public-State of Florida) ,`Y \ DEBRA P BRANT MY COMMISSION#FF048528 ° EXPIRES August 26,2017 Name of Notary Public) • 10/18/2013 Page 5 of 5 imageone�~ �� 07� Dunxa�nyRoog Bensalem, PA GoodyemtAZ05338 mww �� Road, ' ' / n d u a u r i es xvvvvvUind Corn\ 215-836-0880 Legal Description Pine Air Lakes, Unit One, parcel Z. less O.R. Book 21lS' Pg. 158' less O.R. Book 311S' Pg. 161, less a pt of Lowe's Home Center description in O.R. Book 2347, Pg. 1182, less Pine Air Lakes Unit Two and Four. • ��w� ` (2yzzn5,2) A maw ��7,34■1,�9 :, i r" Project Description Dick's Sporting Goods will occupy a building in a retail/commercial district, with a building footprint of 50,010 S.F. of retail space. The building is set back from the entrances on Naples Boulevard with visibility from Naples Boulevard on the South and East elevations and from the adjacent shopping center on the North elevation by approximately 400 feet and 600 feet, respectively. The proposed Dick's Sporting Goods building is outparcel in character, due to the fact that the store is visible to the internal site traffic, but not to a public right of way and has ingress and egress from an adjacent retail site from the adjacent shopping center, containing a Costco, Best Buy and Kohl's. • {29235755,2} Imageone Statement of Justification for Sign Variance UP Development—Naples Dicks, LLC 5955 Naples Boulevard, Naples, FL 1. Introduction UP Development— Naples Dicks, LLC (the "Developer" or "Applicant"), is proposing the development of a 50,010 S.F. Dick's Sporting Goods store, located at 5955 Naples Boulevard in Collier County, Florida (the "Property" or the "parcel") as shown on the attached Site Plan. The Property is currently a vacant commercial site with a stormwater pond and is zoned PD. The Applicant requests a sign variance, from Collier County Land Development Code ("LDC"), section 5.06.04.F.4(a),for three wall signs due to site configuration restraints. With the following Statement of Justification, we submit this sign variance request is consistent with the LDC and is compatible with the surrounding development pattern. 11. About the Applicant&End User • UP Development — Naples Dicks, LLC, is a Florida limited liability company for the ownership and operation of the development of the Property as a Dick's Sporting Goods store. UP Development is a premier retail developer focused in the southeastern United States with over twenty years'experience in successfully designing, permitting and developing retail centers anchored by national retailers. Dick's Sporting Goods is an authentic full-line sporting goods retailer offering a broad assortment of brand name sporting goods equipment, apparel and footwear in a specialty store environment. The Dick's family continues to offer the finest quality products at competitive prices, backed by the best service anywhere. S {29235755,2} 4 V y geone Ill. Justification for Sign Variance A variance from the Collier County Land Development Code, section 5.06.04.F.4(a), is requested for three wall signs. Specifically, a variance is requested from section 5.06.04.F.4(a), which allows for a maximum allowable display area no more than 20 percent of the total square footage of the visual facade, but limits the square footage for a building between 25,000 and 59,999 S.F.to a total of 200 S.F. of signage. A calculation of the signage based on the size of the visual facade alone would allow for 3,648 S.F. of signage. The maximum display area for the proposed building based on the LDC would be 200 S.F. An additional 60 S.F. of signage is allowable within the LDC for an outparcel. Although the building is not an outparcel, it is outparcel in character,due to the fact that the north facade of the store is visible to internal site traffic, but not to a public right of way and has ingress and egress from an adjacent retail shopping center. The proposed signage for the building includes three wall signs for a total of 509.5 S.F.Therefore,the variance is requested for a total of 309.5 S.F.of signage. The relief requested is relative to 1) additional signage for outparcels limited to two signs and 2) total display area for signage which is larger than allowed by code. The three S proposed signs are located on the East, North and South elevations, as shown on the Site Plan, attached as Exhibit A. The renderings of the three proposed wall signs with size calculations are attached collectively as Exhibit B.The summary of the calculations for the proposed signage are as follows: Sign Name Elevation Size of Facade Caic. Proposed Sign Size Sign A East 222'x 20'=4,440 S.F. 281.2 S.F. Sign B North 246'x 20'=4,920 S.F. 70.2 S.F. No Sign West 222'x 20'=4,440 S.F. N/A Sign C South 222'x 20'=4,440 S.F. 158.1 S.F. TOTAL SIGNAGE S.F. 509.5 S.F. • {29235755;2} 4 imageone Pursuant to the Collier County Land Development Code, Section 5,06.08(B),the Board of Zoning Appeals shall make a positive finding on each of the following criteria: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. The irregular shape of the Property, which is peculiar to the land, creates the need for this sign variance request.The proposed Dick's Sporting Goods building is outparcel in character, due to the fact that the north facade of the store is visible to internal site traffic, but not to a public right of way and has ingress and egress from an adjacent retail shopping center, containing a Costco, Best Buy and Kohl's. Moreover, the proposed Dick's Sporting Goods building sits alone on the proposed primary parcel, behind two proposed outparcels and is set back considerably from Naples Boulevard (282' and 352'). The means of ingress and egress to the proposed store are from Naples Boulevard and from the farthest extent of the parking lot of the existing Costco development,located adjacent to the Property(to the north). It is imperative that the site be adequately identified to prospective customers. Due to the positioning of the building on the parcel and the viewing distances created by the same,the proposed development contains special conditions and circumstances that warrant the additional signage for the proposed development. b. The literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The literal interpretation of the LDC would potentially require the development include a blank wall on the proposed store where the store is visible to the internal site traffic, but not to a public right of way and has ingress and egress from an adjacent retail site.Such a blank wall will not only serve to inhibit traffic, which would result in lost business but would also be an architectural eyesore. The proposed Dick's signage is integral to the architectural design and elevation for the storefront and serve to break up the mass of the various facades. As such, utilizing the literal interpretation presents a hardship to the proposed Dick's Sporting Goods. S {29235755,21 rip tmageone Moreover, the strict application of the LDC does not allocate any additional signage/identification based on the physical size of the store. In fact, it limits it considerably.The LDC allows for a maximum allowable display area no more than 20 percent of the total square footage of the visual facade, but then limits the square footage for a building between 25,000 and 59,999 S.F.to a total of 200 S.F. of signage.A calculation of the signage based on the visual facade for the proposed building alone would allow for 3,648 S.F. of signage. However, the maximum display area for the proposed building based solely on the limitation in the same provision would be 200 S.F., which would be significantly undersized for a building of this size. The proposed signage for the building includes three wall signs for a total of 509.5 S.F. Therefore,the variance is requested for a total of 309.5 S.F.of signage. As proposed, the display area of the signage may exceed the amount from the literal interpretation of the LDC, but it is drastically under the amount based solely on percentage of facade area. A retail establishment of this size (50,100 S.F.) demands greater signage/identification in order to maintain customer flow than would be allowed under the LDC. c. That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. The special conditions and circumstances upon which the sign variance is proposed, including the size and shape of the parcel, do not result from the actions of the Applicant. The sign variance proposed will allow the Applicant to realize the potential of this Property for development. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures of buildings in the same zoning district. The granting of the variance will not provide any special privileges that are denied to other buildings in the same area. Moreover, there are examples of nearby developments obtaining substantially similar variances for signage within the same zoning district due to the layout of the building and egress/ingress to the development. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The amount of signage/identification requested is adequate for the proper identification • of the store, given the size and scope of the proposed Dick's Sporting Goods, as well as the site layout and three points of ingress/egress.The signage fits well within the allocated space for the {29235755;2} imageone sign on the building facades and only displays the national registered logo of Dick's Sporting Goods. Therefore, the proposed variance will only allow for signage in the minimum amount that will allow for the reasonable use of the building. The purpose and intent of the Collier County LDC(Signage Code)is to"provide minimum control of signs necessary to promote the health, safety and general welfare of the citizens of Collier County, Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county, by assuring good and attractive design that will strengthen the county's appearance and economic base, and by preserving the right of free speech and expression in the display of signs." Granting of the variance will be in keeping with the intent of the code and the Comprehensive Plan, allowing Dick's Sporting Goods to properly advertise the existence of the store to potential customers, while maintaining signage that does not violate the public's interest. Granting the proposed sign variance will allow for the continued business development of Dick's Sporting Goods, assuring that the proposed development will have a long lived • presence at the site, allowing the development to be a long standing contributor to the community. IV. Conclusion Therefore, based on the foregoing analysis, this request for a variance to Section 5.06.04.F.4(a), for an additional 309.5 S.F. for the proposed signage for Dick's Sporting Goods meets the requirements for a variance found in Section 5.06.08(B)(1) of the Collier Land Development Code and we respectfully request that the Board of Zoning Appeals approve this request. S (29235755,2) w 8 1 r - r z r . . a r,i 44.1-d;1 3;-J a i I 1 al ` Vi€ a am « h.b 9h1-11c re.Oetily ____I j I I .1 / / 4 0 1 - a — r` 1 , K � E 117.1 i If MI U J r 11 a 4-, 7 * f f —2,419.33 WC — E I� 9 5 U -J `m_ 1 A V Y 1 1 1 1 ; rl I 1 rn565.n J i J~ - I J I _ I_ f 1 I _, s 1 4oCly sT 40.Tth..02 CT S._ L P. g 1 1 I 1 1 1 s 0 —wnsa171--t 4G7OO'l ST Tr- i — I a al l f f ``��-�� iai N f l l 1 I I - ■ Page 1 of 1 Collier County Property Appraiser Property Summary IIIParcel No. 66760001723 Site Adr. Name/Address LAND HOLDING LLC %WINDERWEEDLE,HAINES, WARD AND WOODMAN PO BOX 880 City WINTER PARK State FL Zip 32790 Map No. Strap No, Section Township Range Acres *Acreage 4A11 558400 2 14A11 11 49 25 18.54 PINE AIR LAKES UNIT ONE PARCEL 2, LESS OR 2115 PG 158, LESS OR 2115 PG 161,LESS A PT OF Leo -al LOWE'S HOME CENTER DESC IN OR 2347 PG 1182, LESS PINE AIR LAKES UNIT TWO&FOUR Mil lage Area 0 224 Mil lege Rates 0 *Calculations Sub./Condo 558400- PINE AIR LAKES UNIT ONE School Other Total Use Code,0 10-VACANT COMMERCIAL 5.69 5.7427 11.W7 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentialety) (Subject to Change) 410 Date Book-Page Amount Land Value $2,742,142 12/05/11 4747-820 $100 (+)Improved Value $0 02/11/98 2388-872 $0 (...)Market Value $2,742,142 08/21/96 2219-2184 $0 (.) SOH*&other Exempt. $0 (.--)Assessed Value $2,742,142 (-) Homestead&other Exempt. $0 (=)Taxable Value $2,742,142 (=)School Taxable Value $2,742,142 U all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH="Save Our Homes"exempt value due to cap on assessment increases. S ■ i http://vvww.co II ierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=66760001723 12/10/2013 SIC N VARIANCE PETITION • PRE-A 'PLICATION MEETING NOTES SUBMITTAL CHECKLIST PIN Date: (..1 1 i 1./ Time: Assigned Planner: Fgt.'L' j7:a c Project Name: '/ / Y; 01)5 Project Addr/Location: 6,3 it/,Q k e 4.L'1:, Applicant Name: TAt4,5 Ai A Phone: .-7,1 r Firm: evi At 4 Current Zoning: / Owner Name: II ).• 1) A 111' I f •.* • , Owner Address: r ,C4 //If Phone: Meeting Attendees: (attach Sign In She .at) A/A)A) (7,04 124 Alt:.".1-)t.4".: ;%,) I( I ',4?1• ,i)/3 NOTES: r 7 4.4. ,21)7/ s,c)I ■9../ s) - 4 ,f1k) /0 A A /e.(2-41• CAUsers‘fredreischl1DesktoptPre-app Forms-JI. NIE 201 1\SV Sign Variance Pm-Application June 2011.doc revised: 8/5/02,rev. 6/21/11 C-441 lei 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 ADDRESSING CHEC I T 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 ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) Pine Air Lakes,Unit One,Parcel 2,less 0 R.Book 2115,Pg.15B,less 0 Book 2115,Pg 161,less apt of Lowe's Home Center dascnptron in O R Book 2347,P9 1182,less Pine Air Lakes Unit Two 7 Four. FOLIO(Property ID) NUMBER(s)of above (attach to, or associate with, legal description if more than one) 66760001723 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 5955 Naples Boulevard, Naples, FL 34109 • 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) Pine Air Lakes Dick's Sporting Goods PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# • Codier 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) N/A Please Check One: 0 Checklist is to be Faxed back D Personally Picked Up APPLICANT NAME: UP Development - Naples Dick's LLC do Scott Fish PHONE 407-896-1132 FAx 407-894-8381 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 'IRAN 6 MONTHS, FORM MUST I723; Lil OR NE‘fli FORM SUBMI1TED • imageone i , • August 1,2014 Name Address City,State Zip Dear Property Owner: Please be advised that UP Development — Naples Dick's, LLC 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: 5955 Naples Blvd,Naples,FL 34109 • It is our intent to ask the County for relief from the signage code, relative to 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 applicants agent (see information above and below) for further information. In any event, please be advised that the applicant is are interested in assuring you that this request should not adversely affect your property interest. Sincerely, Tom Gianni Vice President • rOg■Cb A.LWOO WU= s :svaccxviw:unovanumwani i.nck:aa gg 1 i�' a ` w ame x voce ir>a .. ! c w Ci #1 3N011Nl 63)41 NN 3NId - I 4) li j �i�6".� Z 130MVd i0 N011liOd =o frc . 0 d4 OW �_ Q, ii 1, earn Is woe:,� .. ,�:�° '' t. 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