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Ordinance 2015-05 ORDINANCE NO. 15- 05 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO A RPUD FOR A PROJECT TO BE KNOWN AS THE WARM SPRINGS RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED EAST OF COLLIER BOULEVARD (C.R. 951) AND APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 114k ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-21, FORMERLY THE WARM SPRINGS RPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-A-PL20140000156] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. representing Argo Warm Springs, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to rezone the described 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 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Warm Springs RPUD to allow construction of a maximum of 400 residential dwelling units in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [14-CPS-01314/1142750/1] 118 Warm Springs RPUD/PUDZ-A-PL20140000156 Rev. 1/5/2014 Page 1 CA SECTION TWO: Ordinance Number 05-21, known as the Warm Springs Residential Planned Unit Development, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this a7 to day of Joor\o car , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY, FLORIDA » . By: �' ' _fix/ VA I • By: t , TIM NANCE, Chairman ttest as to xi, ature y, Ap oved as to f rm and legality: 5 ob+t` A. 3c-vu- Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit E-1 —Sidewalk Easement Exhibit E-2—Private Road Cross Section Exhibit E-3 —Boundary Marker Sign Exhibit E-4 - Perimeter Wall/Fence Exhibit E-5 —Landscape Buffer Width Reduction Exhibit F—Developer Commitments This ordinance .w;"-. Vlty of t,�'•,°A <i iC: `.7 oy ofidY�LIC_ l and acknowiedgeme. • .at fill i ed th•s _11 day of AO !ID By [14-CPS-01314/1142750/11 118 Warm Springs RPUD/PUDZ-A-PL20140000156 Rev. 1/5/2014 Page 2 CA EXHIBIT A FOR WARM SPRINGS RPUD Regulations for development of the Warm Springs RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 400 dwelling units shall be permitted within the RPUD. 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: RESIDENTIAL A. Principal Uses: 1. Dwelling Units - Multiple-family, single family detached, townhouse, two-family, duplex and zero lot line (single family). 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner by the process outlined in the Land Development Code (LDC). B. Accessory Uses: 1. Guardhouses,gatehouses, and access control structures. 2. Model homes and model home centers including offices for project administration, construction, sales and marketing. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. 4. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures. 5. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or Hearing Examiner. Warm Springs RPUD,PL20140000156 Page 1 of 14 Revised 01/05/2015-per CCPC CA AMENITY AREA A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. B. Accessory Uses: 1. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or Hearing Examiner. PRESERVE A. Allowable Uses: 1. Native preserves. 2. Water management, in accordance with the LDC. 3. Mitigation areas. 4. Hiking trails, boardwalks, shelters without walls, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, in accordance with the LDC and subject to approval by permitting agencies. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. Warm Springs RPUD, PL20140000156 Page 2 of 14 Revised 01/05/2015-per CCPC CA EXHIBIT B FOR WARM SPRINGS RPUD DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. STANDARDS*7 SINGLE FAMILY TOWNHOUSE TWO FAMILY ZERO LOT LINE MULTI-FAMILY AMENITY AREA DETACHED AND DUPLEX FOR SINGLE FAMILY Minimum Lot Area 4,000 SF 1,600 SF 3,500 SF 4,000 SF N/A 10,000 SF Minimum Lot Width *3 40 feet 20 feet 35 feet 40 feet N/A N/A Minimum Lot Depth 100 feet 80 feet 100 feet 100 feet N/A N/A Min. Front Yard Setback*1 20 feet*2 15 feet*2 20 feet*2 20 feet*2 20 feet*2 N/A Min. Side Yard Setback 5 feet 0 or 5 feet 5 feet 0 or 10 feet*4 10 feet 10 feet Min. Rear Yard Setback 15 feet 20 feet 10 feet 15 feet 15 feet 15 feet Maximum Building Height Zoned 30 feet 45 feet 30 feet 30 feet 45 feet 30 feet Actual 35 feet 50 feet 35 feet 35 feet 50 feet 35 feet Minimum Distance Between Structures*5 10 feet 10 feet 10 feet 10 feet Y2 sum of the %2 sum of the building height building height Floor Area Min. (S.F.) 1,200 SF 750 SF 900 SF 1,000 SF 750 SF N/A Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 20 feet 20 feet Min. Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES*6 Min. Front Yard Setback*1 20 feet 15 feet 15 feet 20 feet 20 feet 20 feet Min.Side Yard Setback 5 feet 0/6 feet 6 feet*5 5 feet 0 feet*5 10 feet Min. Rear Yard Setback 10 feet 5 feet 5 feet 10 feet 10 feet 10 feet Min. PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Min. Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Distance Between Structures 10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet 10 feet Maximum Height Zoned 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Actual 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Front yards shall be measured as follows: A. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2—Front entry garages must be a minimum of 20',and a minimum of 23'from a sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'. *3—Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is maintained. *4—Minimum separation between adjacent dwelling units shall be 10'. *5—Building distance may be reduced at garages to a minimum of 0'where attached garages are provided and a 10'minimum separation is maintained,if detached. *6 — Guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback,except as listed below,and are permitted throughout the"R"designated areas of the PUD;however Warm Springs RPUD, PL20140000156 Page 3 of 14 Revised 01/05/2015-per CCPC CA such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. Maximum Height Zoned: 25' Actual: 30' Setbacks PUD Boundary: 10',except fences or walls shall have no setback. *7-Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the principal and accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement/tract. Nothing in this RPUD shall diminish the riparian rights nor prohibit a property owner from use of buffer or lake maintenance easements/tracts for recreational purposes, including but not limited to docks,fishing, walking, etc.,which are not inconsistent with the purpose of the tract/easement.Where a bulkhead is constructed,no intervening easement or maintenance tract shall be required by this RPUD. 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W ca w IL a 0OJ2 ZW O x I ¢ a zZx`� J> } i W r W 5<ww ao a I I W a N Z w a 1-U1 a t) I Oc0 - 0 03 nt WwLZ W¢ I� N � rri W wI-JH zW Z 1 4 . _ � 0 +1 o rW V1° N Q 2 _�.- -� U' t'Q stn ° Z F- _ — < 2 -------- Z Q +I 3WZ ui z0 fn Z > O a J °o oWao� av 0 Z Q — COLLIER BOULEVARD(200'ROW) w W z E _ a co W j a ~ m >cco Nwan_ D° 5 Q cc ZONED: PUD(BRITTANY BAY) w < - W w W F a m w 0 o USE: RESIDENTIAL Cl) p a s Z N * 41A, EXHIBIT D FOR WARM SPRINGS RPUD LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 02°19'00" WEST, ALONG THE EAST LINE OF SAID SECTION 26, FOR A DISTANCE OF 40.03 FEET TO A POINT; THENCE LEAVING SAID EAST LINE OF SECTION 26, S 89°58'17" W, FOR A DISTANCE OF 235.19'TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 89°58'17" WEST, ALONG A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 26, FOR A DISTANCE OF 565.05 FEET TO THE EAST CORNER OF AN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4533, PAGE 3116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID ORDER OF TAKING FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES; (1) NORTH 87°09'58" WEST, FOR A DISTANCE OF 200.25 FEET; (2) SOUTH 89°58'17" WEST, FOR A DISTANCE OF 120.00 FEET; (3) SOUTH 87°06'32" WEST, FOR A DISTANCE OF 200.25 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 26; THENCE RUN ALONG SAID LINE, SOUTH 89°58'17" WEST, FOR A DISTANCE OF 1,321.94 FEET; THENCE CONTINUE ALONG A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 26, SOUTH 89°58'48" WEST, FOR A DISTANCE OF 2,545.32 FEET TO A POINT ON A LINE THAT IS 100 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE, NORTH 02°15'37" WEST, FOR A DISTANCE OF 964.28 FEET TO THE SOUTHWEST CORNER OF CRYSTAL LAKE RV RESORT, PHASE ONE AS RECORDED IN PLAT BOOK 16, PAGE 61 THROUGH 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID LINE, SOUTH 89°59'42" EAST, FOR A DISTANCE OF 2,542.51 FEET TO THE SOUTHEAST CORNER OF CRYSTAL LAKE RV RESORT, PHASE THREE AS RECORDED IN PLAT BOOK 20, PAGE 3 THROUGH 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°57'56" EAST, FOR A DISTANCE OF 2,609.05 FEET TO A POINT ON THE WEST LINE OF AN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4533, PAGE 3116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID ORDER OF TAKING FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) SOUTH 02°19'00" EAST, FOR A DISTANCE OF 798.34 FEET; (2) SOUTH 05°29'04" WEST, FOR A DISTANCE OF 110.51 FEET; (3) SOUTH 53°39'57" WEST, FOR A DISTANCE OF 42.23 FEET; (4) SOUTH 78°34'41" WEST, FOR A DISTANCE OF 151.91 FEET TO THE POINT OF BEGINNING; CONTAINING 113.67 ACRES, MORE OR LESS. Warm Springs RPUD, PL20140000156 Page 6 of 14 Revised 01/05/2015-per CCPC G�' EXHIBIT E FOR WARM SPRINGS RPUD LIST OF REQUESTED DEVIATIONS 1. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets,to allow sidewalks on one side of the street for a portion of the project and none on a cul-de-sac.The owner shall provide 1 canopy tree per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. See Exhibit E-1,Sidewalk Exhibit.This deviation applies to the overall PUD. 2. From LDC Section 6.06.01.N,Street System Requirements and Appendix B,Typical Street Sections and Right- of-Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 40' wide local private road. See Exhibit E-2, Private Road Cross Section. This deviation applies to the overall PUD. 3. From LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 1,000 feet in length to a maximum of 2,740 feet with placement of no through traffic signage. 4. From LDC Section 5.06.02.B.6 and 5.06.02.B.6 (b), On-premises Sign Within Residential Districts, which permits signage at each project entrance, to permit an additional boundary marker sign of up to 64 square feet (per sign face) to be located along the Collier Boulevard frontage of the property and to exceed the maximum sign height of 8 feet for a maximum of 10 feet in height measured from the adjacent roadway centerline elevation. See Exhibit E-3, Boundary Marker Sign. 5. From LDC Section 5.03.02.0 and 5.03.02.F, Fences and Walls, which permits residential fences/walls to be a maximum of 6' in height measured from existing ground levels near the fence/wall,to permit the perimeter wall/fence to be a maximum height of 12'. The maximum height of the wall structure would not exceed 8 feet, with the remaining 4 feet being part of a berm. See Exhibit E-4, Perimeter Wall/Fence. This deviation applies to the overall PUD. 6. From LDC Section 4.06.02,Buffer Requirements,which requires a 20'wide type'D'landscape buffer adjacent to any road right-of-way external to the development project,to permit a 10'wide type'D' landscape buffer in the area identified on Exhibit E-5. 7. From LDC Section 4.02.04.D,Standards for Cluster Residential Design,which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. This deviation applies to the overall PUD. Warm Springs RPUD,PL20140000156 Page 7 of 14 Revised 01/05/2015-per CCPC COLLIER BOULEVARD(200'ROW) —'Z;—4111111■-- _ r 0 300' 600' SCALE: 1" = 600' NO SIDEWALK \ — , NO SIDEWALK _ LAKE R R ' R • ZONED. PUD(CRYSTAL LAKE) LAKE - USE RESIDENTIAL(RV) ZONED: RPUD(BRISTOL PINES) ,END SIDEWALK USE RESIDENTIAL 1! Y II • NO SIDEWALK—..-- 't7 XI m CO R m 1,I m — SIDEWALK In ■ I ' AA END S.DLWALK SIDEWALK- R R R R ZONED:RPUD (BUTTONWOOD PRESERVE) USE UNDEVELOPED RESIDENTIAL SIDEWALK ON INSIDE OF LOOP ROAD ZONED: A USE RESIDENTIAL I . LAKE • SIDEWALK ON ONE o SIDEWALK ON BOTH ! _ SIDE OF LOOP ROAD SIDES OF LOOP ROAD a' R R R R w _ x :":, )'' x ZONED: A I gl USE: CABLE UTILITY SITE 1 3 U R ` ?I R MASSEY STREET REVISED 9/23/2014 I WARM SPRINGS RPUD SCALEv CI GradyMinor 0.UraUy Minor and 1ynlKinra.P.1 DE: 3800 VIO DPI Rey JOB w CODE, a RDDiw SV'IUIIA.Florida 31131 DATE EXHIBIT E-1 a•Y 1014 0\i1 Engineers Land Surveyors Planners . Landscape Architects n1s NAKe: Crrl of AUN.F IOW5151 Cm of MOAB 0005151 662106w:Lf,21RK0266 DEVIATION 1 — SIDEWALK EXHIBIT „N E: L_, Bonita SPrINRA.239.947 1144 CO w.I:r.ndy4flanr.cnm (ol:M■tW:239.690.1360 SHEET 1 OF 1 i U GP WV S('l( bIOZ/S/6,MO(-3 11,H%3 VSM\SONIMVaQ\SNIadS AdVM-VSM\OMNNVId - 1°6d\9NINNV-14\S31I\1V Ol'Wo0\\ V O O O O e u: N N N � g'W E' N N M -. N O N N O D Q O O O > > > W W W CC CC CC I— W Z O O Y Q U 0 W W Q n 0 cL V N 1- O N Z Q 0 CC QWw ' U1 N N U M L W Z 0 w < I— O Q 0(n _ b\ _ Cn W 0 Q : - - NI a 11 a J U d W . J L 0 J \Z_ W > CC — �� F - 00 - - o' =—� �_ = W \ �� �M 4 a J >z / 9 > 1 Q I > mr m I F. N =I $ o -CO /-+ m v ce 2 Z" N I 112/ v4 v W Z U \� Q H Q Q (I) J 1 N 1 W W 0 ( )~ 0= b 0 W O N I I Q D W C 7 h W W O() '- J C I 0 ()0 w W 0 W J> r-O 0 0 z tr z(1 d 1 ! I � �a N*1., t co o t 1 .� 1 +�4i� ^r',....'ti L C m Sign wall 1�1lC f "^ t y .; 5 w th rrellu �/�' Jj t .,i q y Fountain in wall +0 '� with trellis - F A Lsisting Sidewalk Tree Harm Road \ ) / *3:-- --,---. y i �� � 4 i � 3 � a l = 0 0 v x I 1 1 1 , . ; 1 iv t rrY~ t r z "'i', , _ 1 Warm SKprl[ng_s_,_ 3 t - . -Ill \ :r r 1 J- -- -ifhAtir."7 s i♦ . i SCALE .oe'cooc: s Bonlla Spring; ?39.847.1144 WARM SPRINGS RPUD oa E:©GradyMinor FnrLMyer% 239.6904380 EXHIBIT E-3 a,a Civil Englnerrs • band Surveyors • Planners • Landscape Archllrr',IS Revised eaz NOTE: o r•ECT OF 51911 CO IXNSI3I CCU OF AUT1.L10005151 0)SIN6'SS LC 18gM1200 DEVIATION 4 — BOUNDARY MARKER SIGN 5/23/2014 ,�,.(OHS)E.,, ,,, www.1;r11rMlnor.rom V I;rady:Minor nod Acw„i:1�'n.I'.5. SHEET 1 OF 1 G LOT PUD BOUNDARY REAR LOT LINE 8' WALL/FENCE TOP OF BERM TYPICAL PERIMETER BERM WITH WALL/FENCE N.T.S. S 3 a WARM SPRINGS RPUD SCAB NOT TO SCALE GradyMinor Q.Grady M11101.sod 1s6aWatee. 3/100 Via Hot Rey JOB CODE: Bonita Springs.Florida 31131 w5A DATE EXHIBIT E-4 MARCH XII. a Civil Engineers Land Surveyors Planners Landscape Architects nu°AIIE: fe19..olAath.CO 0005151 Carl of Auth LB 0005151 Business LC 28000266 DEVIATION 5 — PERIMETER WALL/FENCE Jo.EXaOT E-s s Bonita Springs:239.947.1144 1'o W.Gr.o4yM/OO'.roOt Fort Myers:239.690.4380 SHEET 1 OF 1 450 rid Z9.Z1 91.OZ/£/Ol OMO'S-3 118IHX3 VSMASONIMVtlO\SONItldS VIdVM -V$M\ONINNVId - rObd\ONINNYld\,2 O — 2 Q r O L _q O S — —".�z—t I - 9.- - - - - - - MASEY STrk- ET f< is X11 • \ I. . 110 t — — 1 1 0 � I IX 1 21 • I I I ^ f=4 o II < g LLI In cD o I w1 w w Fw ro= f r ti ; I z Q. z CO W 3 II 1 0 41 \ Q x 4,: w m IX W 0 • j•; Q J I CO ' (fl i• ■ co 42 r: I I tit I I • ` ^m . o gE t M \- ' // < III cE 4 a o- W W I !.' • m • 1 (i) i_ i V O N_ c W 8 = U !.>,• c c• • I• Qu I 2 R• o WQ I • • Q ' I �$ !• LAImil : I i1 11 - I I - I r ' C Ce IX I '. / I I I I z 1, - I W N I I I I . \ I is- 0 EXHIBIT F FOR WARM SPRINGS RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES A. Connections will be made to two independent water transmission main locations outside of the project boundary, one along the westerly portion of Tree farm Road and one at or near the intersection of Tree Farm Rd. and Massey Rd. 2. TRANSPORTATION A. The donated 40' right-of-way for Tree Farm Road shall satisfy this requirement for future turn lanes on Tree Farm Road. The developer as outlined in the Developer Contribution Agreement as it relates to the Warm Springs PUD will pay for the turn lane improvements on Tree Farm Road. B. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 366 PM Peak Hour, two way trips. 3. ENVIRONMENTAL A. Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05 of the LDC. Total Preserve Required 21.07±AC 84.26±AC Native Vegetation X 25%= 21.07±AC Total Preserve Provided 25±AC B. The Bald Eagle nest zone is to be addressed by staff at time of clearing and construction plan review in accordance with Federal, State or local requirements. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Argo Warm Springs, LLLP, 21141 Bella Terra Boulevard, Estero, Florida 33928. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Warm Springs RPUD, PL20140000156 Page 13 of 14 Revised 01/05/2015-per CCPC i , Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5. LANDSCAPE A 20-foot wide type 'D' landscape buffer shall be provided along the western, southern and eastern PUD boundary. A 10-foot wide type 'A' landscape buffer shall be provided along the northern PUD boundary. A 10-foot wide type 'D' landscape buffer shall be provided in the area indicated on Exhibit E-5. Warm Springs RPUD, PL20140000156 Page 14 of 14 Revised 01/05/2015-per CCPC (C ( " 4 +tf ; A. .•p u i .. FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State January 30, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-05, which was filed in this office on January 30, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us