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HEX Backup Documents 02/12/2015COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS FEBRUARY 12, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,FEBRUARY 12,2015 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. I. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES:January 8,2015;January 22,2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20140002735— WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03-04,as amended,the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.D to allow windows and doors on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non-zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two-family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 262.9± acres. [Coordinator: Kay Deselem, AICP, Principal Planner] B. PETITION NO. PDI-PL20140002103 — CDC Land Investments, Inc., Collier Land Development,Inc.,and Fifth Third Bank request an insubstantial change to the Sabal Bay Mixed Use Planned Unit Development ("MPUD"), Ordinance No. 05-59, as amended, to increase the maximum total size of office space in the Commercial/Office Tracts C/01 and C/02 from 40,000 to 60,000 square feet,and decrease the maximum total size of retail or other commercial uses in Tracts C/01 and C/02 from 142,000 to 122,000 square feet; and to amend Exhibit A, the MPUD Master Plan, by adding an additional access point for Tract C/01. The subject property is located south of Thomasson Drive,south and west of U.S.41,and north and west of Wentworth PUD, in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County,Florida, consisting of 2,416±acres. [Coordinator:Nancy Gundlach,AICP, PLA,Principal Planner] 5. OTI-IER BUSINESS 6. ADJOURN POI- PL201400002735 2/12/15 Lands End Preserve Teresa L. Cannon From: Deselem, Kay Sent: Monday, January 12, 2015 2:36 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Lands End Preserve PUD, PDI- PL20140002735 Attachments: 2 x 3 map.pdf; NDN ad.docx Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Dese/em, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeselemOcollier oft 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. Teresa L. Cannon From: Rodriguez, Wanda Sent: Monday, January 12, 2015 2:40 PM To: Deselem, Kay; Minutes and Records Cc: Ashton, Heidi; Stone, Scott Subject: FW: Lands End Preserve PUD, PDI- PL20140002735 Attachments: 2 x 3 map.pdf; NDN ad.docx The title conforms to the one most recently approved by this office, and the requested run date is correct. OK to proceed. Wanda Rodriguez, .AC?' . t.dvanced C:ert! ed Paraleila.! off ice of the County .attorney (139) 252 -8400 From: DeselemKay Sent: Monday, January 12, 2015 2:36 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Lands End Preserve PUD, PDI- PL20140002735 Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone. 239 - 252 -2931 Fax. 239 -252 -6357 kaydeselem0collier og v.net Under Florida Law e n a r .;t:rE,ssc;s are public records. If you do not want your e -rni I address re eased in response, to a public records 3equest, do not send electromc mail to this entity. Instead. contact this office by telephone or in writing. Teresa L. Cannon From: Rodriguez, Wanda Sent: Monday, January 12, 2015 2:42 PM To: Deselem, Kay; Minutes and Records Cc: Ashton, Heidi; Stone, Scott Subject: RE: Lands End Preserve PUD, PDI- PL20140002735 Importance: High Sorry all, I spoke too soon. The requested run date is INCORRECT. The ad needs to run on January 23, 2015. 'Wanda :Rodriijuez, .A.CP - Ullanced Certif red 1'araCeyaf Off ice of the County .Actor ne.y (23.9) 252-8400 From: RodriguezWanda Sent: Monday, January 12, 2015 2:40 PM To: DeselemKay; Minutes and Records Cc: AshtonHeidi; StoneScott Subject: FW: Lands End Preserve PUD, PDI- PL20140002735 The title conforms to the one most recently approved by this office, and the requested run date is correct. OK to proceed. lvanda Rodriguez, -ACP .Alvan ced'Certi f ied- Paralega( Off ice of the County ✓Attars ey (239) 252-8400 From: DeselemKay Sent: Monday, January 12, 2015 2:36 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Lands End Preserve PUD, PDI- PL20140002735 Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning & Zoning Department Growth Management Division -- Planning d Regulation Teresa L. Cannon From: Deselem, Kay Sent: Monday, January 12, 2015 3:00 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: RESENDING CORRECTED DOCUMENT -- RE: Lands End Preserve PUD, PDI- PL20140002735 Attachments: 2 x 3 map.pdf; NDN ad.docx See corrected run date. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2931 Fax: 239- 252 -6357 kaydeselem0colliergo v.ne t From: DeselemKay Sent: Monday, January 12, 2015 2:36 PM To: 'Minutes and Records' Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Lands End Preserve PUD, PDI- PL20140002735 Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2931 Fax 239 -252 -6357 kaYdese1em@co1Aer,7ov.net Under r londa L.aw. e -n,aii addresses are public records. If you do not want your e -rnail address reieased in response to a public records request do not send electronic rnail to this entity, instead. contact this office by telephone or in writing. 1 January 12, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 23, 2015, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 &a-V r' i Authorized Designee signature for HEX Advertising PDI- PL20140002735 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 12, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. PDI- PL20140002735— WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03 -04, as amended, the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.13 to allow windows and doors on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non -zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two - family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 262.9± acres. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida O � � � O Om 2 � m v � �sR esi� COLLIER BWLEVARD Rapa yyy F PY� Teresa L. Cannon From: Rodriguez, Wanda Sent: Monday, January 12, 2015 3:14 PM To: Deselem, Kay; Minutes and Records Cc: Ashton, Heidi; Stone, Scott Subject: RE: RESENDING CORRECTED DOCUMENT -- RE: Lands End Preserve PUD, PDI - PL20140002735 Looks good now, thanks! Wanda IZo,Iriguez, _ACT - .Idvan.cedCertified- :Para.Cet7at- Office of -the County _Attorney (2'jc)) 252 -8400 From: DeselemKay Sent: Monday, January 12, 2015 3:00 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: RESENDING CORRECTED DOCUMENT -- RE: Lands End Preserve PUD, PDI- PL20140002735 See corrected run date. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239- 252 -2931 Fax 239- 252 -6357 kaydeselem@collierAo v.net From: DeselemKay Sent: Monday, January 12, 2015 2:36 PM To: 'Minutes and Records' Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Lands End Preserve PUD, PDI- PL20140002735 Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation Acct #076397 January 12, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI- PL20140002735 — Lands End Preserve (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, January 23, 2015 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 January 12, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 23, 2015, and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamimai Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 12, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. PDI- PL20140002735 — WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03 -04, as amended, the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.13 to allow windows and doors on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non -zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two - family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 262.9± acres. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida o� 0 � � m Om z —ni d (SR BSI COLLIER BOULEVARD Ito 4 ash Teresa L. Cannon From: Teresa L. Cannon Sent: Monday, January 12, 2015 3:36 PM To: Naples Daily News Legals Subject: PDI- PL20140002735 Lands End Preserve Attachments: PDI- PL20140002735 (HEX).doc; PDI- PL20140002735 (HEX).doc; PDI- PL20140002735 (H EX).pdf Lega Is, Please advertise the attached Display Ad w /Map on Friday, January 23, 2015. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 -252 -8408 fax Teresa. Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, January 14, 2015 10:59 AM To: Teresa L. Cannon Subject: #231123926 - CCHEX.Lands End Preserve.012315 Attachments: NDN231123926.CCH EX. Lands End Preserve.012315.pdf Hi Teresa! Please provide approval ASAP for publication on 01.23.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist C :239- 213 -6061 F: 239 - 325 -1251 : cpolidoraCc)- Naples News. corn A: 1100 Immokalee Road I Naples, FL 34110 � 1L•'��t�� EItT� w r orn NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 12, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FI 34104, to consider: PETITION NO. PDI- PL20140002735 — WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03 -04, as amended, the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.D to allow windows and doors on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non -zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two - family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 262.9± acres. }, All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 32 }} rgM�i&s 34 YEN1Mtl2111 ESTATES 'M o /. Tp`{'p �� ti WE FALLS F WA SEAW S MENIMORTI 5 ES1A� A EAOIE } PROJECT g E ApIESA LOCATION YAPtES YOfOPC0Ag1 M`hXBEYO RESORi {{ 10 A SUM YPo.,re . W w CTII. APlEs j aiEn LANES All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Teresa L. Cannon To: RodriguezWanda ( WandaRodriguez @colliergov.net); DeselemKay (KayDeselem @colliergov.net) Subject: FW: #231123926 - CCHEX.Lands End Preserve.012315 Attachments: NDN231123926.CCHEX.Lands End Preserve.012315.pdf Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [ mailto :cpolidoraCai)naplesnews.com] Sent: Wednesday, January 14, 2015 10:59 AM To: Teresa L. Cannon Subject: #231123926 - CCHEX.Lands End Preserve.012315 Hi Teresa! Please provide approval ASAP for publication on 01.23.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0 :239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(a)NaplesNews.com A; 1100 Immokalee Road I Naples, FL 34110 'aill r111.1; NaptesNevvs,lcorr, Teresa L. Cannon From: Deselem, Kay Sent: Wednesday, January 14, 2015 11:09 AM To: Teresa L. Cannon; Rodriguez, Wanda Subject: RE: #231123926 - CCHEX.Lands End Preserve.012315 It is a thing of beauty, as always. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeselem @colliergo v. ne t From: Teresa L. Cannon [mailto: Teresa. Cannon Caacollierclerk.com] Sent: Wednesday, January 14, 2015 11:01 AM To: RodriguezWanda; DeselemKay Subject: FW: #231123926 - CCHEX.Lands End Preserve.012315 Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records department 239 - 252 -8411 239- 252 -8408 fax Teresa.Cannon@colliercierk.com From: Polidora, Carol [ mailto :cpolidora(cOnaplesnews.com] Sent: Wednesday, January 14, 2015 10:59 AM To: Teresa L. Cannon Subject: #231123926 - CCHEX.Lands End Preserve.012315 Hi Teresa! Please provide approval ASAP for publication on 01.23.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 E: cpolidoraCcDNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 "aples 1 Teresa L. Cannon From: Rodriguez, Wanda Sent: Wednesday, January 14, 2015 11:04 AM To: Teresa L. Cannon; Deselem, Kay Subject: RE: #231123926 - CCHEX.Lands End Preserve.012315 This ad looks good also. 1va:ncfa 1U)driHuez, AC II Adva ?iceddCertif ied-1'tzrategaC Office of the Coiunty .Attorney (23g) 252-8400 From: Teresa L. Cannon [ mailto: Teresa.Cannon @colliercierk.com] Sent: Wednesday, January 14, 2015 11:01 AM To: RodriguezWanda; DeselemKay Subject: FW: #231123926 - CCHEX.Lands End Preserve.012315 Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa.Ccinnon@collierclerk.com From: Polidora, Carol [ mailto :cpolidoraCa)naplesnews.com] Sent: Wednesday, January 14, 2015 10:59 AM To: Teresa L. Cannon Subject: #231123926 - CCHEX.Lands End Preserve.012315 Hi Teresa! Please provide approval ASAP for publication on 01.23.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0:239- 213 -6061 F: 239 - 325 -1251 F: cpolidoraCcDNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 sN (,,,fr 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, January 15, 2015 1:18 PM To: Teresa L. Cannon Subject: RE: #231123926 - CCHEX.Lands End Preserve.012315 Thanks again! Released... Carol Polidora I Legal Advertising Specialist 0 :239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(aD-NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 '1eili ;l rills Napl esNe com From: Teresa L. Cannon [ma ilto: Teresa. Cannon @colIierclerk.com] Sent: Wednesday, January 14, 2015 11:05 AM To: Polidora, Carol Subject: RE: #231123926 - CCHEX.Lands End Preserve.012315 Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [ mailto :cpolidora@naplesnews.com] Sent: Wednesday, January 14, 2015 10:59 AM To: Teresa L. Cannon Subject: #231123926 - CCHEX.Lands End Preserve.012315 Hi Teresa! Please provide approval ASAP for publication on 01.23.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0 :239- 213 -6061 F: 239 - 325 -1251 E: cpolidora(a) Naples News. corn A: 1100 Immokalee Road I Naples, FL 34110 NaplesNewscom NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publica State of Florida Counties of Collier and Lee Before the undersigned they serve as appeared Daniel McDermott who on Inside Sales Manager of the Naples L newspaper published at Naples, in G distributed in Collier and Lee countif attached copy of the advertising, beir PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on January 23, 2015. Affiant further says that the said NaI published at Naples, in said Collier Co newspaper has heretofore been continl County, Florida; distributed in Collier each day and has been entered as secoi office in Naples, in said Collier Count, year next preceding the first publicatic advertisement; and affiant further says promised any person, firm or corporate commission or refund for the purpose publication in the said newspaper /j (Signature of affiant) Sworn to and su cribed before me Thi) 29`i' day of J >ary,,2,'015 ( Signature of notary public) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 12, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. PDI- PL20140002735 - WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03 -04, as amended, the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.D to allow windows and doors on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non -zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two - family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 262.9± acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida January 23, 2015 No. 231123926 , CAROL POLIDORA �aioti►� Notary PUIIC • State of Florida Cantnlailolt FF 165630 s. My C&M. fain Doe 26.2016 ••: r flotttM Cpl/ Nttaty AaM OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FEB 0 FROM: Wanda Rodriguez, ACP 4 By R(� DATE: February 13, 2015 RE: Hearing Examiner Decision(s) from February 12,2015. Attached is the signed HEX decision from the Hearing Examiner hearing on February 12, 2015. Attachment: HEX No. 2015 - 03 [05-COA-01253/813782/11744 HEX NO. 2015 —03 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140002735— WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03-04, as amended,the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.D to allow windows on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non-zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two-family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 262.9± acres. DATE OF HEARING: February 12, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: The original request included doors and windows on the zero lot line side yard of the structures. At the hearing the applicant withdrew the request to include doors. There were no public speakers for or against this petition. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140002735, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing WCI Communities, LLC, with respect to the property as described in the Lands End Preserve PUD, Ordinance No. 03-04, for the following insubstantial changes: [14-CPS-01403/1150929/1127 1 of 2 • to add a deviation from LDC Section 4.02.04.D to allow windows on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and • to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non-zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two-family detached homes. Said changes are fully described in the Lands End Preserve PUD amendment attached as Exhibit «A„ ATTACHMENTS: Exhibit A—PUD Amendment LEGAL DESCRIPTION: See Ordinance No. 03-04, the Lands End Preserve PUD. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. • 4 , 2. _ k 9- — I c o I f Date M. Ik Strain, Hearing Examiner Appro d as to form and legality: v....... Scott . tone Assistant County Attorney 27 2 of 2 EXHIBIT "A" Lands End Preserve RPUD Amend Ordinance Number 2003-04 SECTION III, ENTITLED "RESIDENTIAL/GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2003-04,THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS: *** *** *** *** *** Text break *** *** *** *** *** 3.5 DEVELOPMENT STANDARDS *** *** *** *** *** Text break *** *** *** *** *** E. Deviations From Development Standards 1. 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 on the zero lot line portion of the dwelling unit where there is a minimum separation of 10 feet between the dwelling unit and the principal structure on the adjacent property. Words underlined are additions;words struck through are deletions Lands End Preserve RPUD,PDI Last Revised 02/12/2015 Page 1 of 2 SECTION III, ENTITLED "RESIDENTIAL/GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2003-04,THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS: *** *** *** *** *** Text break *** *** *** *** *** TABLE 1 LANDS END PRESERVE PUD DEVELOPMENT STANDARDS FOR "R"RESIDENTIAL AREA SINGLE FAMILY PATIO&ZERO LOT TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width*2 40 35 35 20 NA Front Yard Setback (Principal and Accessory) 20 20 20 20 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback"- (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory)*1 5 5 5 5 5 Side Yard Setback 65 0 or 65*34 0 or G5*4 0 or 6 4'5 NA Maximum Height 45 35 35 35 35 75 over 1 level of parking not to exceed 86'above FEMA elevation Accessory 30 30 30 30 30 Floor Area Minimum(SF) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF Minimum Distance Between _ Principal Structures NA 5 or 10+3'' 5 or 10 3'4 15 feet 5 .5 SBH or 15 feet3'4 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. *1-Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25'for principal structures and 15'for accessory structures. *2 -Minimum lot width for cul-de-sac lots consistent with the measurement standards established in Division 6.3 of the LDC. *3-Zero feet(0')or a minimum of six-five feet(€5')on either side except that where the zero foot(0')yard option is utilized,the opposite side of the structure shall have a twelve-ten-foot(1-2110')yard. Zero foot(0')yards may be used on either side of a structure provided that the opposite twelveten-foot(3-2210')yard is provided. Patios,pools and screen enclosures may encroach into the twelve-ten-foot(12'10')yard and may attach at the common property line. Where this option is used,a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the twelve-ten-foot(1 2=10')spacing requirement between structures. *4-Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract,distances between principal structures may be reduced subject to fire district approval at the time of site plan review. *5—No Multi-family buildings exceeding 35'over one level of parking shall be permitted within 200'of the westernmost right-of-way line of the Barefoot Williams Road right- of-way. Building height shall be measured as defined in Division 6 of the Land Development Code. Words underlined are additions;words t•uckugh are deletions Lands End Preserve RPUD, PDI Last Revised 02/12/2015 Page 2 of 2 AGENDA ITEM 4 -A Cot ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: FEBRUARY 12, 2015 SUBJECT: PETITION NO: PDI- PL20140002735: LANDS END PRESERVE PUD PROPERTY OWNER/APPLICANT: WCI Communities LLC 24301 Walden Center Drive Bonita Springs, FL 34134 REQUESTED ACTION: AGENT: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Lands End Preserve PUD to allow the zero lot line homes to have windows and doors on the zero lot line and revise Table 1 for the residential area to change the side yard setback and footnote 3, from 0' or 6', to 0' or 5', and 12' to 10'. GEOGRAPHIC LOCATION: The subject property is located on the west side of Barefoot Williams Road, north of Tower Road, and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida consisting of 262.9± Acres (See location map on the following page.) PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Lands End Preserve PUD was originally rezoned from Agricultural to PUD on September 13, 1994, in Ordinance #94 -43, allowing for a maximum of 786 dwelling units on 262.9 acres at a maximum density of 3 units per acre. A mixture of dwelling unit types was approved along with the allowance for churches and nursing homes. That ordinance was repealed by Ordinance # 03 -04 on January 14, 2003. That ordinance reduced the number of units to 725 dwelling units at a density of 2.75 units per acre. The other approved uses remained and golf course use was added. Hearing PDI- PL20140002735: LANDS END PRESERVE PUD February 12, 2015 Hearing Examiner Last Revised: 1/5115 Page 1 of 7 E,,EXHIBIT TL< CD l5 LOCATION MAP R PETITION S PDI- _PL_2014 -2735 _ ZONING MAP i� m tl ar ` aor< � IuloM m�a ^ L__ 1iv1IYJ \ •\`\ ! etat \ OIO ' PROJECT � IACATION 'Ih1, Y � rasa �° i - 13 Ej lar.n lesla'� r LOCATION MAP R PETITION S PDI- _PL_2014 -2735 _ ZONING MAP Examiner Decision #14 -09 approved changes to the transportation commitments, added a sign deviation and allowed the recreational area to be reconfigured. According to the applicant's agent, 78 dwelling units have been constructed on the subject site as of the date the application was filed. The development provides for one access point on Barefoot Williams Road. The project is being developed as Artesia Naples. ANALYSIS: Along with requesting an additional deviation, the applicant is seeking to revise the Development Standards Table for the residential area to allow lesser side yard setbacks for the single - family detached —from 6 feet to 5 feet, patio & zero lot line and two- family /duplex units from 0/6 feet to 015 feet. Also requested is a change to footnote #3 as shown below: 3 - Zero feet (0) or a minimum of five feet (5) on either side except that where the zero foot (0) yard option is utilized, the opposite side of the structure shall have a ten-foot (10) yard. Zero foot (0) yards may be used on either side of a structure provided that the opposite ten- PDI- PL20140002735: LANDS END PRESERVE PUD Page 2 of 7 February 12, 2015 Hearing Examiner Last Revised: 1/5/15 foot (10) yard is provided. Patios, pools and screen enclosures may encroach into the ten - foot (10 ) yard and may attach at the common property line. Where this option is used a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the ten foot (10 ) spacing requirement between structures. Deviation Discussion: The petitioner is seeking approval of an additional deviation from the requirements of the LDC. Two deviations were approved in Ordinance # 03-04, and an additional deviation for signage was approved in petition # PDI- 2013- 0002079. The Deviation seeks relief 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 and doors on the zero lot line portion of the dwelling unit where there is a minimum separation of 10 feet between the dwelling unit and the principal structure on the adjacent property The applicant's project narrative states there will be no conflict for neighboring properties and the zero lot line product will be functionally equivalent to a detached single - family unit. The narrative indicates that Homeowner Association documents will provide for access rights over portions of the adjacent property. The exhibit below depicts the proposed configuration. Excerpt from Applicant's Zero Lot Line Exhibit PDI- PL20140002735: LANDS END PRESERVE PUD Page 3 of 7 February 12, 2015 Hearing Examiner Last Revised: 1 /5/15 1- - ._ ry � I 4• J 1 � P 4 1 11 1 !i LOT !1 1!j 1 LOT f 014 :(W AN -� 11 1S I � . 'E .WrE � I -ROAD - - - - Excerpt from Applicant's Zero Lot Line Exhibit PDI- PL20140002735: LANDS END PRESERVE PUD Page 3 of 7 February 12, 2015 Hearing Examiner Last Revised: 1 /5/15 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. 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 other than the 10,000 square feet on 3.5 acres of convenience commercial and personal services uses that can be located in the Recreational Center Tract. No changes are proposed to those uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, 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? PDI- PL20140002735: LANDS END PRESERVE PUD Page 4 of 7 February 12, 2015 Hearing Examiner Last Revised: 1/5/15 No, the proposed change should not affect stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, the proposed changes will be internal to the project. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. The modification to the Master Plan does not increase the intensity of the permitted land uses. In addition, the PUD documents specify the project density and the total number of dwelling units that can be built along with the requirement for retained native vegetation and open space. The PUD document also specifies the uses allowed and provides development standards that regulate the height of the permitted structures. As a result, the proposed amendment will not change the approved density and/or intensity authorized by the PUD document or otherwise affect any element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The 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 provide above, the proposed changes are not deemed to be substantial. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The staff report for the most recently adopted PUD ordinance in petition number PUDZ- 2002 -AR -2702, contained the PUD and Rezoning Findings from LDC Subsection 10.02.13.B.5 and 10.02.08.F, respectively. This insubstantial amendment does not negatively impact any of those findings. PDI- PL20140002735: LANDS END PRESERVE PUD Page 5 of 7 February 12, 2015 Hearing Examiner Last Revised: 1/5/15 NEIGHBORHOOD INFORMATION MEETING (NIM): The Hearing Examiner waived the NIM requirement. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on January 12, 2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20140002735. PDI- PL20140002735: LANDS END PRESERVE PUD Page 6 of 7 February 12, 2015 Hearing Examiner Last Revised: 1/5/15 PREPARED BY: KA rSELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: f it 111 TM *.11 a HYMN I FU967--.1417-fill'ill Kelm W it i MIKE BOSI, AICP, DIRECTOR DEPARTMENT OF PLANNING AND ZONING PDI-PL20140002735' LANDS END PRESERVE PUD February 12, 2015 Hearing Examiner Last Revised: 1/5/16 ) i(, I li� ' bATE /. 6. ts DATE -)- 1 -1 DATE Page 7 of 7 Lands End Preserve RPUD Amend Ordinance Number 2003-04 SECTION III, ENTITLED -RESIDENTIAL/GOLF- OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2003-04, THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS: *** *** *** *** *** Text break 3.5 DEVELOPMENT STANDARDS *** *** *** *** *** Text break I r Deviat.on in Development Stai,i:,irds From I DC, ti,oction 4.02 04,, luster Residential Desi n, which ouire", the "-Oro jot line portion of the civvelling unit to be void of doors of . . . ........................... .. . doors windows where such wall is contiguous to art _adLoinin, IQt line, to allow windows and doors on the zero lot line portion of the dwelling unit where there 1"SA Minimum s ration of 1.0 feet between the dwellinp, unit and the princioal . .............. . ................. structure on the.adjacen _plIq rt Words Wdgr& d are additions; words are deletions Lands End Preserve RPUD, PDI Last Revised 0110512015 Page I of 2 SECTION ill, ENTITLED "RESIDENTIAL /GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2003 -04, THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS: * ** * ** * ** * ** * ** Text break * ** * ** * ** * ** * ** TABLE 1 LANDS END PRESERVE PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A, It the parcel Is served by a public or private right -of -way, setback is measured from the adjacent right-of-way line. '1 - Setback from take easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 2S' for principal structures and 15' for accessory structures. '2 - Minimum lot width for cul- de-sac lots consistent with the measurement standards established in Division 6.3 of the WC. '3 - Zero feet (0') or a minimum of . feet (b_) on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a foot yard_ Zero foot (0') yards may be used on either side of a structure provided that the opposite -foot ( ) yard is provided. Patios, pools and screen enclosures may encroach into the foot (- ) yard and may attach at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the foot (4Z=1oJ spacing requirement between structures. "4 - Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract, distances between principal structures maybe reduced subject to fire district approval at the time of site plan review. "5 — No Multi- family buildings exceeding 35' over one level of parking shall be permitted within 200' of the westemmost right -of -way line of the Barefoot Williams Road right - of -way. Building height shall be measured as defined in Division 6 of the Land Development Code. Words underline d are additions; words etptrelr-drr w#1 are deletions lands End Preserve RPUD, PDI Last Revised 01119512015 Page 2 oft SINGLE FAMILY PATIO & ZERO LOT TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width '2 40 35 35 20 NA Front Yard Setback (Principal and Accessory) 20 20 20 20 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory) " 5 5 5 S 5 Side Yard Setback 11, 0 or', 5 t♦ 0 or *4 0 or 6 �''4S NA Maximum Height *5 35 35 35 35 75 over 1 level of parking not to exceed 86' above FEMA elevation Accessory 30 30 30 30 30 Floor Area Minimum (SF) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF Minimum Distance Between Principal Structures NA 5 or 10" 5 or 103'4 15 feet s .5 SBH or 15 feet 3'4 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A, It the parcel Is served by a public or private right -of -way, setback is measured from the adjacent right-of-way line. '1 - Setback from take easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 2S' for principal structures and 15' for accessory structures. '2 - Minimum lot width for cul- de-sac lots consistent with the measurement standards established in Division 6.3 of the WC. '3 - Zero feet (0') or a minimum of . feet (b_) on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a foot yard_ Zero foot (0') yards may be used on either side of a structure provided that the opposite -foot ( ) yard is provided. Patios, pools and screen enclosures may encroach into the foot (- ) yard and may attach at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the foot (4Z=1oJ spacing requirement between structures. "4 - Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract, distances between principal structures maybe reduced subject to fire district approval at the time of site plan review. "5 — No Multi- family buildings exceeding 35' over one level of parking shall be permitted within 200' of the westemmost right -of -way line of the Barefoot Williams Road right - of -way. Building height shall be measured as defined in Division 6 of the Land Development Code. Words underline d are additions; words etptrelr-drr w#1 are deletions lands End Preserve RPUD, PDI Last Revised 01119512015 Page 2 oft ,n. GradyMinor Civil Engineers * Land Surveyors • Planners • Landscape Architects December 10, 2014 Kay Deselem, AICP Principal Planner Land Development Services Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Insubstantial Change to a PUD Dear Ms. Deselem: Attached, please find copies of a Collier County application for Insubstantial Change to a PUD for properties located on the west side of Barefoot Williams Road. A telephone pre - application meeting was held on November 21, 2014 with Ray Bellows and Wayne Arnold to discuss the addition of text to permit zero lot line homes to have windows and doors on the zero lot line. It was agreed that no supplemental information was required to support the minor change. Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP Barry Ernst GradyMinor File Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239 -947 -1144 Fax. 239-947-0375 EB 0005151 LB 0005151 LC 26000266 www.gradyminor.com Co 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 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): WCI Communities LLC Address: 24301 Walden Center Drive City: Bonita Springs state: FL Telephone: 239.947.2600 Cell: E -Mail Address: barryernst @wcicommunities.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. Address: 3800 Via Del Rey Telephone: 239.947.1144 Cell: ZIP: 34134 Fax: 239.498.8617 City: Bonita Springs State: FL ZIP: 34134 E -Mail Address: warnold @gradyminor.com Fax: 239.947.0375 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑■ Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. x❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 9/25/2014 Page 1 of 4 CAY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 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) DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Lands E=nd Preserve ORDINANCE NUMBER: 2003.04 FOLIO NUMBER(S): see Attached Exhibit 1 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? Artosia Naples (Master) ASLI VI, LLLP, Artesia Naples (Village Homes East) ASLI VI LLLP and Artesia Naples (Mansions North) ASLI VI LLLP Has any portion of the PUD been ❑SOLD and /or DEVELOPED? Are any changes proposed for the area sold and /or developed? ❑ Yes 0 No If yes, please describe on an attached separate sheet. 9/25/2014 Page 2 of 4 Lands End Preserve PUD Disclosure of Interest Information 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Owner Percentage of Ownership WCI Communities LLC (a publicly traded company) 100% 24301 Walden Center Drive Bonita Springs, FL 34134 Page 1 of 1 Lands End Preserve PUD Exhibit 1 ParcellD UseCode Namel StreetNum FullStreet SubDivisionConclBlockBldg LotUnit 22435000022 94 WCI COMMUNITIES LLC 1399 BAREFOOT WILLIAM RD 168490 TR A 1 22435000048 0 WCI COMMUNITIES LLC 1405 BAREFOOT WILLIAM RD 168490 B 1 22435000064 0 WCI COMMUNITIES LLC 1347 ARTESIA DR E 168490 C 1 22435001089 91 WCI COMMUNITIES LLC 168490 1 1 22435001801 95 WCI COMMUNITIES LLC 168490 L -1 1 22435001827 95 WCI COMMUNITIES LLC 168490 L -2 1 22435002363 94 WCI COMMUNITIES LLC 168490 N 1 22435002389 96 WCI COMMUNITIES LLC 168490 P -1 1 22435002949 0 WCI COMMUNITIES LLC 1234 KENDARI TER N 168490 A 1 22435002965 0 WCI COMMUNITIES LLC 1238 KENDARI TER 168490 A 2 22435002981 0 WCI COMMUNITIES LLC 1242 KENDARI TER 168490 A 3 22435003003 0 WCI COMMUNITIES LLC 1246 KENDARI TER 168490 A 4 22435003029 0 WCI COMMUNITIES LLC 1250 KENDARI TER 168490 A 5 22435003045 0 WCI COMMUNITIES LLC 1254 KENDARI TER 168490 A 6 22435003061 1 CLARK, DAVID 1258 KENDARI TER 168490 A 7 22435003087 0 WCI COMMUNITIES LLC 1264 KENDARI TER 168490 B 8 22435003100 1 SALERNO, JOSEPH D 1268 KENDARI TER 168490 B 9 22435003126 0 WCI COMMUNITIES LLC 1272 KENDARI TER 168490 B 10 22435003142 1 SIEBEN, ALBERTUS J 1 M 1276 KENDARI TER 168490 B 11 22435003168 1 SLOMBA, MARK 1280 KENDARI TER 168490 B 12 22435003184 0 WCI COMMUNITIES LLC 1284 KENDARI TER 168490 B 13 22435003207 0 WCI COMMUNITIES LLC 1288 KENDARI TER 168490 B 14 22435003223 0 WCI COMMUNITIES LLC 1292 KENDARI TER 168490 B 15 22435003249 1 KIRCHER, ROBERT C =& NEREYDA 1296 KENDARI TER 168490 B 16 22435003265 0 WCI COMMUNITIES LLC 1300 KENDARI TER 168490 B 17 22435003281 1 SASSIAN, EVA 1304 KENDARI TER 168490 B 18 22435003304 0 WCI COMMUNITIES LLC 1308 KENDARI TER 168490 C 19 22435003320 0 WCI COMMUNITIES LLC 1312 KENDARI TER 168490 C 20 22435003346 0 WCI COMMUNITIES LLC 1316 KENDARI TER 168490 C 21 22435003362 0 WCI COMMUNITIES LLC 1320 KENDARI TER 168490 C 22 22435003388 0 WCI COMMUNITIES LLC 1326 KENDARI TER 168490 C 23 22435003401 0 WCI COMMUNITIES LLC 1330 KENDARI TER 168490 C 24 22435003427 0 WCI COMMUNITIES LLC 1334 KENDARI TER 168490 C 25 22435003443 0 WCI COMMUNITIES LLC 1338 KENDARI TER 168490 C 26 22435003469 0 WCI COMMUNITIES LLC 1342 KENDARI TER 168490 C 27 22435003485 0 WCI COMMUNITIES LLC 1346 KENDARI TER 168490 C 28 22435003508 0 WCI COMMUNITIES LLC 1350 KENDARI TER 168490 C 29 22435003524 0 WCI COMMUNITIES LLC 1354 KENDARI TER 168490 C 30 22435003744 1 SOLER, FRANCISCO 1233 KENDARI TER 168490 E 1 22435003760 1 HICKEY, WILLIAM J 1237 KENDARI TER 168490 E 2 22435003786 1 UTTERBACK, JOHN M =& BEVERLY A 1241 KENDARI TER 168490 E 3 22435003809 1 COORDS, MARIA 1245 KENDARI TER 168490 E 4 22435003825 1 MOUSTAFA, EDWIN A 1249 KENDARI TER 168490 E 5 22435003841 1 D'AGOSTINOIV, PAUL = &JESSICA 1253 KEN DARITER 168490 E 6 22435003867 1 KOHOUT, MICHAEL J 1257 KEN DAR] TER 168490 E 7 22435003883 1 WENDT TR, TIMOTHY M 1261 KEN DARITER 168490 E 8 22435003906 1 PEQUEGNAT NA PROPERTY TRUST 1252 MANADO DR 168490 E 9 22435003922 1 TUDISCO, MARY C 1248 MANADO DR 168490 E 10 22435003948 1 HANSEN, WILLIAM =& ANNA 1244 MANADO DR 168490 E 11 22435003964 1 BAUSERMAN, PAMELA A 1240 MANADO DR 168490 E 12 22435003980 1 PURPLE ROOSTER HOLDINGS LLC 1236 MANADO DR 168490 E 13 22435004002 1 MARTIN TR, FREDRICK K 1232 MANADO DR 168490 E 14 22435004028 1 MOROSAN, NARCIS 5 1228 MANADO DR 168490 E 15 22435004044 1 CLOWES, PERCIVAL =& JACQUELINE 1224 MANADO DR 168490 E 16 22435004060 0 WCI COMMUNITIES LLC 1225 MANADO DR N 168490 F 1 22435004086 0 WCI COMMUNITIES LLC 1231 MANADO DR 168490 F 2 22435004109 0 WCI COMMUNITIES LLC 1235 MANADO DR 168490 F 3 22435004125 0 WCI COMMUNITIES LLC 1239 MANADO DR 168490 F 4 22435004141 0 WCI COMMUNITIES LLC 1243 MANADO DR 168490 F 5 22435004167 0 WCI COMMUNITIES LLC 1251 MANADO DR 168490 F 6 22435004183 0 WCI COMMUNITIES LLC 1255 MANADO DR 168490 F 7 22435004206 0 WCI COMMUNITIES LLC 1259 MANADO DR 168490 F 8 22435004222 0 WCI COMMUNITIES LLC 1263 MANADO DR 168490 F 9 �\ 22435004248 0 WCI COMMUNITIES LLC 1267 MANADO DR 168490 F 10 22435004264 1 SURVIVOR'S TRUST 1307 KENDARI TER 168490 G 1 Page 1 of 3 Lands End Preserve PUD Exhibit 1 22435004280 0 WCI COMMUNITIES LLC 1311 KENDARI TER 168490 G 2 ��. 22435004303 0 WCI COMMUNITIES LLC 1315 KENDARI TER 168490 G 3 22435004329 0 WCI COMMUNITIES LLC 1319 KENDARI TER 168490 G 4 22435004345 1 BAROSH, ROBERT F 1323 KENDARI TER 168490 G 5 22435004361 1 WAY, MICHAEL J=& JOY 1327 KENDARI TER 168490 G 6 22435004387 1 KENDARI 31 TRUST NO 13074505 1331 KENDARI TER 168490 G 7 22435004400 0 WCI COMMUNITIES LLC 1335 KENDARI TER 168490 G 8 22435004426 1 VALE,PETER 1339 KENDARI TER 168490 G 9 22435004442 0 WCI COMMUNITIES LLC 1343 KENDARI TER 168490 G 10 22435004468 1 ROBERTS, KEITH A =& CATHERINE A 1347 KENDARI TER 168490 G 11 22435004484 0 WCI COMMUNITIES LLC 1351 KENDARI TER 168490 G 12 22435004507 1 GLYTSEA, PETER =& ELENI 1355 KENDARI TER 168490 G 13 22435007025 0 WCI COMMUNITIES LLC 1421 MANADO DR 168495 1 22435007122 96 WCI COMMUNITIES LLC 168496 P -2 1 22435007148 0 WCI COMMUNITIES LLC 1455 ARTESIA DR W 168496 T 1 22435007180 0 WCI COMMUNITIES LLC 168496 T -1 1 56498000022 4 WCI COMMUNITIES LLC 1359 ARTESIA DR E 477300 101 56498000048 4 WCI COMMUNITIES LLC 1359 ARTESIA DR E 477300 102 56498000064 4 WCI COMMUNITIES LLC 1359 ARTESIA DR E 477300 103 56498000080 4 MARTIN, DANIEL 1363 ARTESIA DR E 477300 201 56498000103 4 CAREY, MICHAEL L=& CRYSTAL 1363 ARTESIA DR E 477300 202 56498000129 4 CURCIO, EDWARD =& STACY 1363 ARTESIA DR E 477300 203 56498000145 4 DUNNING TR, DOLORES 1367 ARTESIA DR E 477300 301 56498000161 4 ROGERS TR, DANIEL D 1367 ARTESIA DR E 477300 302 56498000187 4 TREJOS, ROBERTO R 1367 ARTESIA DR E 477300 303 56498000200 4 BARBIRETTI, SUSAN 1371 ARTESIA DR E 477300 401 56498000226 4 RECCHIA, ANTHONY 1371 ARTESIA DR E 477300 402 56498000242 4 FRONTZAK, JOSEPH E_& COLLEEN M 1371 ARTESIA DR E 477300 403 56498000268 4 RECCHIA, JAMES R 1375 ARTESIA DR E 477300 501 56498000284 4 SMITH, STEVEN =& LINDA 1375 ARTESIA DR E 477300 502 56498000307 4 RIDDLE, MICHAEL 1375 ARTESIA DR E 477300 503 56498000323 4 SIEBEN ET AL, ALBERTUS 1 C M 1379 ARTESIA DR E 477300 601 56498000349 4 HALL, MICHAEL =& SHOWYUH 1379 ARTESIA DR E 477300 602 56498000365 4 VACCHIANO,TED =& LINDA 1379 ARTESIA DR E 477300 603 56498000381 4 HAAS, JAMES DAVID =& NICOLE 1383 ARTESIA DR E 477300 701 56498000404 4 SIEBEN ET AL, ALBERTUS J C M 1383 ARTESIA DR E 477300 702 56498000420 4 COOYAH, NAMYAH 1383 ARTESIA DR E 477300 703 56498000446 4 TAVARES, LINDA 1387 SANTIAGO CIR 477300 801 56498000462 4 AMES, MARYBETH 1387 SANTIAGO CIR 477300 802 56498000488 4 SOWA, WALTER =& WLADYSLAWA 1387 SANTIAGO CIR 477300 803 56498000501 4 DIXON- ABBOTT, JENNIFER A 1391 SANTIAGO CIR 477300 901 56498000527 4 HALL, SHOWYUH 5 1391 SANTIAGO CIR 477300 902 56498000543 4 FINLEY, RHONDA =& JAMES 1391 SANTIAGO CIR 477300 903 56498000569 4 COTTON, LINDA G 1395 SANTIAGO CIR 477300 1001 56498000585 4 CIARAMITARO, LARISSA 1395 SANTIAGO CIR 477300 1002 56498000608 4 MONDANOS, THEODORE =& EUGENIA 1395 SANTIAGO CIR 477300 1003 56498000624 4 WCI COMMUNITIES LLC 1399 SANTIAGO CIR 477300 1101 56498000640 4 WCI COMMUNITIES LLC 1399 SANTIAGO CIR 477300 1102 56498000666 4 WCI COMMUNITIES LLC 1399 SANTIAGO CIR 477300 1103 56498000682 4 WCI COMMUNITIES LLC 1403 SANTIAGO CIR 477300 1201 56498000705 4 WCI COMMUNITIES LLC 1403 SANTIAGO CIR 477300 1202 56498000721 4 WCI COMMUNITIES LLC 1403 SANTIAGO CIR 477300 1203 56498000747 4 PEREZ, ORLANDO 1407 SANTIAGO CIR 477300 1301 56498000763 4 THREE FOR THE ROAD LLC 1407 SANTIAGO CIR 477300 1302 56498000789 4 HADA, IRAIDA =& ASHER K 1407 SANTIAGO CIR 477300 1303 56498000802 4 WCI COMMUNITIES LLC 1411 SANTIAGO CIR 477300 1401 56498000828 4 WCI COMMUNITIES LLC 1411 SANTIAGO CIR 477300 1402 56498000844 4 WCI COMMUNITIES LLC 1411 SANTIAGO CIR 477300 1403 56498000860 4 WCI COMMUNITIES LLC 1415 SANTIAGO CIR 477300 1501 56498000886 4 WCI COMMUNITIES LLC 1415 SANTIAGO CIR 477300 1502 56498000909 4 WCI COMMUNITIES LLC 1415 SANTIAGO CIR 477300 1503 56498000925 4 WCI COMMUNITIES LLC 1419 SANTIAGO CIR 477300 1601 56498000941 4 WCI COMMUNITIES LLC 1419 SANTIAGO CIR 477300 1602 56498000967 4 WCI COMMUNITIES LLC 1419 SANTIAGO CIR 477300 1603 56498000983 4 WOJCIK, FRANK 1423 SANTIAGO CIR 477300 1701 56498001005 4 SANTARSIERO, WILLIAM =& LILLIAN 1423 SANTIAGO CIR 477300 1702 Page 2 of 3 Lands End Preserve PUD Exhibit 1 56498001021 4 CURRAN, JOHN D =& KAREN A 1423 SANTIAGO CIR 477300 1703 56498001047 4 WCI COMMUNITIES LLC 1427 SANTIAGO CIR 477300 1801 56498001063 4 WCI COMMUNITIES LLC 1427 SANTIAGO CIR 477300 1802 56498001089 4 WCI COMMUNITIES LLC 1427 SANTIAGO CIR 477300 1803 56498001102 4 WCI COMMUNITIES LLC 1431 SANTIAGO CIR 477300 1901 56498001128 4 WCI COMMUNITIES LLC 1431 SANTIAGO CIR 477300 1902 56498001144 4 WCI COMMUNITIES LLC 1431 SANTIAGO CIR 477300 1903 56498001160 4 WCI COMMUNITIES LLC 1435 SANTIAGO CIR 477300 2001 56498001186 4 WCI COMMUNITIES LLC 1435 SANTIAGO CIR 477300 2002 56498001209 4 WCI COMMUNITIES LLC 1435 SANTIAGO CIR 477300 2003 56498001225 4 WCI COMMUNITIES LLC 1439 SANTIAGO CIR 477300 2101 56498001241 4 WCI COMMUNITIES LLC 1439 SANTIAGO CIR 477300 2102 56498001267 4 WCI COMMUNITIES LLC 1439 SANTIAGO CIR 477300 2103 56498001283 4 WCI COMMUNITIES LLC 1443 SANTIAGO CIR 477300 2201 56498001306 4 WCI COMMUNITIES LLC 1443 SANTIAGO CIR 477300 2202 56498001322 4 WCI COMMUNITIES LLC 1443 SANTIAGO CIR 477300 2203 56498001348 4 WCI COMMUNITIES LLC 1447 SANTIAGO CIR 477300 2301 56498001364 4 WCI COMMUNITIES LLC 1447 SANTIAGO CIR 477300 2302 56498001380 4 WCI COMMUNITIES LLC 1447 SANTIAGO CIR 477300 2303 80394000024 4 WCI COMMUNITIES LLC 1326 OCEANIA DR N 693500 1 80394000040 4 WCI COMMUNITIES LLC 1330 OCEANIA DR N 693500 2 80394000066 4 WCI COMMUNITIES LLC 1334 OCEANIA DR N 693500 3 80394000082 4 WCI COMMUNITIES LLC 1333 OCEANIA DR N 693500 4 80394000105 4 POPOVICI, ANNE 1329 OCEANIA DR N 693500 5 80394000121 4 SEAM PLES, MARCEL G 1325 OCEANIA DR N 693500 6 80394000147 4 WCI COMMUNITIES LLC 1169 GENOVESA CT 693500 7 80394000163 4 WCI COMMUNITIES LLC 1173 GENOVESA CT 693500 8 80394000189 4 WCI COMMUNITIES LLC 1177 GENOVESA CT 693500 9 80394000202 4 WCI COMMUNITIES LLC 1178 GENOVESA CT 693500 10 80394000228 4 WCI COMMUNITIES LLC 1174 GENOVESA CT 693500 11 80394000244 4 WCI COMMUNITIES LLC 1170 GENOVESA CT 693500 12 80394000260 4 WCI COMMUNITIES LLC 1160 SANTORINI PL 693500 13 80394000286 4 WCI COMMUNITIES LLC 1164 SANTORINI PL 693500 14 80394000309 4 WCI COMMUNITIES LLC 1168 SANTORINI PL 693500 15 80394000325 4 WCI COMMUNITIES LLC 1167 SANTORINI PL 693500 16 80394000341 4 WCI COMMUNITIES LLC 1163 SANTORINI PL 693500 17 80394000367 4 WCI COMMUNITIES LLC 1159 SANTORINI PL 693500 18 80394000383 4 WCI COMMUNITIES LLC 1150 PENROSE CT 693500 19 80394000406 4 WCI COMMUNITIES LLC 1154 PENROSE CT 693500 20 80394000422 4 WCI COMMUNITIES LLC 1158 PENROSE CT 693500 21 80394000448 4 WCI COMMUNITIES LLC 1157 PENROSE CT 693500 22 80394000464 4 WCI COMMUNITIES LLC 1153 PENROSE CT 693500 23 80394000480 4 WCI COMMUNITIES LLC 1137 ANTARAS CT N 693500 24 80394000503 4 WCI COMMUNITIES LLC 1141 ANTARAS CT N 693500 25 80394000529 4 WCI COMMUNITIES LLC 1145 ANTARAS CT N 693500 26 80394000545 4 WCI COMMUNITIES LLC 1146 ANTARAS CT N 693500 27 80394000561 4 WCI COMMUNITIES LLC 1142 ANTARAS CT N 693500 28 80394000587 4 SEAMPLES, JEFFREY JOHN 1138 ANTARAS CT N 693500 29 80394000600 4 WCI COMMUNITIES LLC 1127 MEDAN CT N 693500 30 80394000626 4 MORFFEW, ANDREW J =& LESLEY K 1131 MEDAN CT N 693500 31 80394000642 4 AMREYS INVESTMENT CORP 1135 MEDAN CT N 693500 32 80394000668 4 BROWN, CAROL A 1134 MEDAN CTN 693500 33 80394000684 4 LUK, RICK SUEN KI 1130 MEDAN CT N 693500 34 80394000707 4 CHIN, MICHAEL A =& ANGELA B 1126 MEDAN CT N 693500 35 80394000723 4 COOK TR, THOMAS 1102 MEDAN CT S 693500 36 80394000749 4 CARMICHAEL, RONALD DAVID 1106 MEDAN CT S 693500 37 80394000765 4 PRICE, MICHAEL R =& CAROL J 1110 MEDAN CT S 693500 38 80394000781 4 HOGAN, JO VONNA 1111 MEDAN CT 5 693500 39 80394000804 4 PERROTTI,JOSEPH =& MAUREEN 1107 MEDAN CTS 693500 40 80394000820 4 SIEBEN ETAL, ALBERTUSJ C M 1103 MEDAN CTS 693500 41 80394000846 4 SIEBEN, ALBERTUS J C M 1116 ANTARAS CT S 693500 42 80394000862 4 WCI COMMUNITIES LLC 1120 ANTARAS CT S 693500 43 80394000888 4 WCI COMMUNITIES LLC 1124 ANTARAS CT S 693500 44 80394000901 4 WCI COMMUNITIES LLC 1125 ANTARAS CTS 693500 45 80394000927 4 MARTIN TR, FREDERICK K 1121 ANTARAS CT S 693500 46 80394000943 4 WCI COMMUNITIES LLC 1117 ANTARAS CT S 693500 47 Page 3 of 3 CAA county 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 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 REQUIRED NO REQUIRED Completed Application (download current form from County website) 16 a ❑ Pre - Application Meeting notes 1 ❑ ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 ❑ ❑ Detail of request ❑ X ❑ Current Master Plan & 1 Reduced Copy ❑ 0 ❑ Revised Master Plan & 1 Reduced Copy ❑ ❑ ❑ Revised Text and any exhibits ❑ ❑ ❑ PUD document with changes crossed through & underlined ❑ ❑ 0 PUD document as revised with amended Title Page with Ordinance # ❑ ❑ ❑ Warranty Deed ❑ ❑ ❑ Legal Description ❑ ❑ ❑ Boundary survey, if boundary of original PUD is amended ❑ ❑ ❑ If PUD is platted, include plat book pages ❑ ❑ ❑ List identifying Owner & all parties of corporation 2 ❑ ❑ Affidavit of Authorization, signed & notarized 2 ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Copy of 8 Y2 in. x 11 in. graphic location map of site 1 ❑ ❑ 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. ❑ 0 ❑ *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. 9/25/2014 Page 3 of 4 CAA County 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: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore /Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation: Vicky Ahmad ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre - Application Meeting: $500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division /Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant /Owner Signature Applicant /Owner Name (please print) Date 9/25/2014 Page 4 of 4 COeY COUnty 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: ❑ School District (Residential Components): Amy Lockheart ❑ Bays hore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation: Vicky Ahmad ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples: Robin Singer, Planning Director I ❑ I Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre - Application Meeting: $500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division /Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 T1_ 7r�_ Applicant caner ignature 17A v i2y Applicant /Owner Name (please print) a zi !q Date 9/25/2014 Page 4 of 4 Lands End Preserve PUD (A.K.A. Artesia) Insubstantial Change to a PUD Project Narrative The Lands End Preserve RPUD was approved in 2003 as Ordinance 2003 -04. An Insubstantial Change to a PUD was approved in 2014 by the Hearing Examiner on April 10, 2014, HEX No. 2014 -09. The property owner /developer is proposing a minor change to the PUD document to include a deviation to permit zero lot line homes to have operable windows and doors on the zero lot line where the home is separated a minimum of 10' from the adjacent dwelling unit. A typical zero lot line exhibit has been prepared which demonstrates that no conflict will exist for neighboring properties and that this zero lot line product will be functionally equivalent to a detached single family dwelling unit. The request also proposes to revise Table 1, Development Standards for the Residential Area to update the side yard setback and footnote 3 from 0' or 6' to 0' or 5'and 12' to 10'. This standard has been used for recently approved PUDs such as Willow Run, San Marino, etc. This proposed change does include provisions to permit doors on the zero lot line. As depicted in the exhibit, allowing both windows and doors where the minimum 10' separation is maintained will pose no conflict with neighboring properties. Homeowner Association documents will provide for access rights over portions of the adjacent property. Revised 01/05/2015 Lands End Preserve RPUD Detail of Request Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 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. 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 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; No increase in uses or areas for 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 request. 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; N /A. Zero lot line homes are a permitted use within the PUD. 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 n (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 and create no external impacts. k� w t� 0 W �m •J. 111 > '+W• Q � i U W I qu cc O m C LLI m tea O y 02 aCi m 3a �j N as m � U� m � LLI y J ~ o ?\Wcr No o O a W CL c� IY .l {1 1 "Q N W,' \ ,a, IL , � m N W m t � N d 3a j No Ncr I � I I fl 11 w I i 11 � I Z �I I I wa (Y I LL 1 Nm A 4 UZ 0 ¢� Lu �¢ pN Y m W a ui m j � I 5 j ¢< LLa Q I � I I fl 11 w I i 11 � I Z �I I I wa (Y I LL 1 Nm ! 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O� ?m� z Uwaa W7 I' UFO JOO Jpj W.rpia a u- iu' N� zip v/Wo�i ��',' coiN�aoa3� , o vlo a w• a�az�JOw z > 2 m U U �ZOZUZaavwiazN NQ(j3 OZXUm J Q N O ••''• Za O °z o g n rn$ m(� o a Q z cF67'J� w pFOZFNQ H v F US w m a o f Z �JNa�a <Fa Q y ao'o Z m JO 2�O o ado Q, z a� e i d W�a Z�ml�m m m UOWUQ 6 N U WmZ W p' mF p7W W7YSS rn 7d ppmingrr 3g� d9 � N 8 C 2 P g 3 � c89 Ci e r ca ®tea Lands End Preserve RPUD Amend Ordinance Number 2003 -04 SECTION III, ENTITLED "RESIDENTIAL /GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2003 -04, THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS: * ** * ** * ** * ** * ** Text break * ** * ** * ** * ** * ** 3.5 DEVELOPMENT STANDARDS * ** * ** * ** * ** * ** Text break * ** * ** * ** * ** * ** E. Deviations From Development Standards 1. From LDC Section4,02.04.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 and doors on the zero lot line portion of the dwelling unit where there is a minimum separation of 10 feet between the dwelling unit and the principal structure on the adjacent property . Words underlined are additions; words s-tmek Mi:e are deletions Lands End Preserve RPUD, PDI Last Revised 0110512015 Page I of 2 SECTION III, ENTITLED "RESIDENTIAL /GOLF" OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 2003 -04, THE LANDS END PRESERVE RPUD, IS HEREBY AMENDED AS FOLLOWS: * ** * ** * ** * ** * ** Text break * ** * ** * ** * ** * ** TABLE 1 LANDS END PRESERVE PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. *1 - Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25' for principal structures and 15' for accessory structures. *2 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in Division 6.3 of the LDC. *3 - Zero feet (0') or a minimum of 4x -five feet (4�5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twe4 ten- foot (32! 10') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelveten -foot (12110') yard is provided. Patios, pools and screen enclosures may encroach into the twelve ten -foot (4 -z10') yard and may attach at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the twelve -ten -foot (12 10') spacing requirement between structures. *4 - Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to fire district approval at the time of site plan review. *5 — No Multi- family buildings exceeding 35' over one level of parking shall be permitted within 200' of the westernmost right -of -way line of the Barefoot Williams Road right of -way. Building height shall be measured as defined in Division 6 of the Land Development Code. Words underlined are additions; words °',.,..tea are deletions Lands End Preserve RPULI, PD] Last Revised 0110512015 Page 2 of 2 SINGLE FAMILY PATIO & ZERO LOT TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width Rz 40 35 35 20 NA Front Yard Setback (Principal and Accessory) 20 20 20 20 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory) tl 5 5 5 5 5 Side Yard Setback g5 0 or 665 *3 4 0 or 65 *a 0 or 6 `3a,s NA Maximum Height *s 35 35 35 35 75 over 1 level of parking not to exceed 86' above FEMA elevation Accessory 30 30 30 30 30 Floor Area Minimum (SF) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF Minimum Distance Between Principal Structures NA 5 or 10*3'1 5 or 10 *3'a 15 feet*s .5 SBH or 15 feet *3,4 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. *1 - Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25' for principal structures and 15' for accessory structures. *2 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in Division 6.3 of the LDC. *3 - Zero feet (0') or a minimum of 4x -five feet (4�5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twe4 ten- foot (32! 10') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelveten -foot (12110') yard is provided. Patios, pools and screen enclosures may encroach into the twelve ten -foot (4 -z10') yard and may attach at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the twelve -ten -foot (12 10') spacing requirement between structures. *4 - Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to fire district approval at the time of site plan review. *5 — No Multi- family buildings exceeding 35' over one level of parking shall be permitted within 200' of the westernmost right -of -way line of the Barefoot Williams Road right of -way. Building height shall be measured as defined in Division 6 of the Land Development Code. Words underlined are additions; words °',.,..tea are deletions Lands End Preserve RPULI, PD] Last Revised 0110512015 Page 2 of 2 INSTR 4986535 OR 5040 PG 3372 RECORDED 5/23/2014 2:58 PM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $95,997.30 REC $78.00 INDX $1.00 CONS $13,713,895.89 �q This instrument prepared without opinion of title by, and when recorded, return to: WCI Communities, LLC 24301 Walden Center Drive Bonita Springs, Florida 34134 Attention: Nicole Marginian Swartz, Esq. Property appraisers parcel identification (Folio) numbers: See Exhibit C S cow D THIS INDENTURE i*m this. 2?�nd ,day of May, 01 by and between ARTESIA NAPLES (MASTER) AS • I V, ., a De re limited iability limited partnership, whose address is 923 N. Pe nsy v da 2789 ( "Grantor "); and WCI COMMUNITIES, LLC, De w e e li it , wh se address is 24301 Walden Center Drive, Bonita Spri ' o 'd 4 tee "). e s "Grantor" and "Grantee" include the neuter, masculi min nd , d t and the plural. WITNESS_ FOR AND IN CONSID Q ollars ($10.00) in hand paid to Grantor by Grantee at and before th X& 1 r(gid delivery hereof, and other good and valuable consideration, the rece ipt and suu which are hereby acknowledged, Grantor has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto Grantee, and the successors, legal representatives and assigns of Grantee, all that tract or parcel of land lying and being in Collier County, Florida, being more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Property'). TO HAVE AND TO HOLD the Property, together with any and all of the rights, members and appurtenances thereof to the same being, belonging or in anywise appertaining to the only proper use, benefit and behoof of Grantee forever, in fee simple; and This conveyance is subject to the matters listed on Exhibit B attached hereto and incorporated herein by this reference ( "Permitted Exceptions'); provided, however, that the reference to the Permitted Exceptions shall not be deemed to reimpose any of the same. Grantor does hereby covenant with Grantee that, except as to the Permitted Exceptions, at the time of the delivery of this Deed, the Property is free from any encumbrance made by Grantor, and that Grantor will specially warrant title to the Property and will defend it against the lawful claims of all persons claiming by through or under Grantor, but against none other. OR 5040 PG 3373 IN WITNESS WHEREOF, Grantor has caused its duly authorized representative to execute, seal and deliver this indenture, all the day and year first written above. Signed, sealed and delivered in the presence of /&V44/ �(a ui Witness: X OA Name: I STATE OF FLORIDA LO COUNTY OF ORANGE' ARTESIA NAPLES (MASTER) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership By: Avanti Properties Group II, L.L.L.P., a Delaware limited liability limited partnership, its sole general partner By: The foregoing instrum s acknowledged Marvin M. Shapiro, the Preside o vanti Management sole general partner of Avanti Pro u I_1,,Vj. partnership, the sole general partner Delaware limited liability limited partnershif. . [g PEE as identification. vanti Management Corporation, a Florida ration, its sole general partner — —% President s o ,OLday of May, 2014, by tion, a Florida corporation, the elaware limited liability limited (MASTER) ASLI VI, L.L.L.P., a y known to me or has produced _ Notary Public Name: ° §V'r'q✓ State of Florida at Large Commission Expires: 1114 . 2,0 ao /4'( (NOTARY SEAL) 2 SUSAN C WHITFIELD rvoTARr COMMISSION H EE22232 EXPIRES AUG 30 2014 Ip SONDMTHROUGH AN RUINSURM=PAW 2 OR 5040 PG 3374 Exhibit A PARCEL 1- COMMON AREAS: TRACTS "A", "B ", "C ", "I", "L -1", 66L -211, "N ", & "P -1' ; THE PLAT OF ARTESIA NAPLES, THE PLAT OF RECORD AT PLAT BOOK 45, PAGES 92 -99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA., LESS AND EXCEPT THEREFROM THAT PORTION OF TRACT "C" THAT IS PART OF VILLAGE HOMES EAST CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 4260, PAGE 2668 AND AMENDED IN OFFICIAL RECORD BOOK 4725, PAGE 3481, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH, TRACTS "P -2 ", and "T -1 ", TH LE PHASE 2, THE PLAT OF RECORD AT PLAT BOOK 50,/ 90, THE PUBLI RDS OF COLLIER COUNTY, FLORIDA. / LOTS 1, 2, 3, 4, 5 6, BL S � ` 14 15 & 117 LOCK "B"; LOTS 19 -30, & INCLUSIVE, BLOCK "C ", - 0,, B i `', AND LOTS 2, 3, 4, 8, 10 & 12, BLOCK "G ", THE P F ARTESIA NAP H T OF RECORD AT PLAT BOOK 45, PAGE 92 -99 OF UBLIC RECORD R COUNTY, FLORIDA. ALL OF ARTESIA NAPLES, PHASE 1, THE PLAT OF RECORD AT PLAT BOOK 50, PAGES 59 -60 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH, TRACT "T", ARTESIA NAPLES, PHASE 2, THE PLAT OF RECORD AT PLAT BOOK 50, PAGES 90 -95, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LESS AND EXCEPT THEREFROM THE LANDS DESCRIBED IN THE FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR MANSIONS NORTH AT ARTESIA NAPLES, A CONDOMINIUM RECORDED AT OR BOOK 4709, PAGES 2560 -2565, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OR 5040 PG 3375 Exhibit B Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. AS TO PARCEL 1 1. Dedications and easements as shown on the plat of Artesia Naples recorded in Plat Book 45, Page(s) 92. 2. Covenants, conditions, restrictions, easements, and provisions for a private charge or assessments, contained in the Amenities Declaration For Artesia Naples recorded in Book 4007, Page 3527; and as amended by that First Amendment to Amenities Declaration for Artesia Naples, recorded October 20, 2011 in Official.Rec rds Book 4728, Page 2858, as affected by Assignment and Assumption of Decl i _ hts- Master, recorded in O.R. Book 4752, page 1571. Q, 3. Covenants, condition X, reOlto'eftion , easeme s, assessments, and a right of rst efu he for a contained in Master Decla at'o amended in Book 4493, Pa e 1 7 an f rt er d d Declaration for Artesia Na n c f o r 201 2853, as affected by Assi #* t and Assumption ): recorded in O.R. Book 475 1571 and Assi recorded in O.R. Book 4752, "'. 81. 4. Easement Deed recorded ions for a private charge or a future purchaser or occupant, iin look 4041, Page 2046; as Se nd Amendment to Master ' Records Book 4728, Page ok nd Related Rights- Master, 4 sumation of PUD Interests Deed of Conservation Easement recorded in Book 3956, Page 3518. 6. Communication Systems Right of Way and Easement recorded in Book 4062, Page 4125. 7. Grant of Easement recorded in Book 4115, Page 647. 8. Grant of Access Easement recorded in Book 4147, Page 130; as assigned in Book 4497, Page 207. 9. Communication Systems Right of Way and Easement recorded in Book 4161, Page 3409. 10. Landscape Maintenance Agreement recorded in Book 4363, Page 284; as assigned by that Assignment and Assumption of Landscape Maintenance Agreement, recorded October 1, 2009 in Official Records Book 4495, Page 3293. 11. South Florida Water Management District Post - Construction Requirements recorded in Book 4041, Page 2153. 4 OR 5040 PG 3376 12. 13 14. Collier County Ordinance No. 75 -20 recorded in Book 619, Page 1 l 77. Collier County Ordinance No. 75 -21 recorded in Book 619, Page 1182. Collier County Resolution recorded in Book 649, Page 1239. 15. Dedications and easements as shown on the plat of Artesia Naples, Phase 2, recorded in Plat Book 50, Page(s) 90. 16. The following state of facts as disclosed by that survey prepared by Grady Minor, dated May 11, 2011 and last updated May 13, 2014 under File No. 11- 39- 003.DWG: a) Barbwire fence along South boundary of subject property lies wholly outside said boundary. (As shown on Shee and 7 of survey) b) Asphalt paving and curb cuts upon 10' Pu Easement. (As shown on sheet 6 of survey) c) Asphalt paving and curb (As shown d) Hogwire fence along t outside said boundary. (As 17. All other matters encumbrances caused by 2013. AS TO PARCEL 2 L�Lu on Sheets 3, 4 to the Property c. al estate ;D located on Tract "C ". of survey) inside and partially 4, 2012, except monetary is for the years 2012 and 1. Dedications and easements as shown on the plat of Artesia Naples recorded in Plat Book 45, Page(s) 92. 2. Covenants, conditions, restrictions, easements, and provisions for a private charge or assessments, contained in the Amenities Declaration For Artesia Naples recorded in Book 4007, Page 3527; and as amended by that First Amendment to Amenities Declaration for Artesia Naples, recorded October 20, 2011 in Official Records Book 4728, Page 2858, as affected by Assignment and Assumption of Declaration and Related Rights- Master, recorded in O.R. Book 4752, page 1571. 5 OR 5040 PG 3377 3. Covenants, conditions, restrictions, easements, provisions for a private charge or assessments, and a right of first refusal or the prior approval of a future purchaser or occupant, contained in Master Declaration For Artesia Naples recorded in Book 4041, Page 2046; as amended in Book 4493, Page 1727; and further amended by that Second Amendment to Master Declaration for Artesia Naples, recorded October 20, 2011 in Official Records Book 4728, Page 2853, as affected by Assignment and Assumption of Declaration and Related Rights- Master, recorded in O.R. Book 4752, page 1571 and Assignment and Assumption of PUD Interests recorded in O.R. Book 4752, page 1581. 4. Grant of Easement recorded in Book 4115, Page 647. 5. Grant of Access Easement recorded in Book 4147, Page 130; as assigned in Book 4497, Page 207. 6. Communication Systems Ri aro -_ t recorded in Book 4161, Page 3409. 10 7. Landscape Maintenanc ement recorded in e 63, Page 284; as assigned by that Assignment and Assum jtiorl o�Lart a e Mai tenanc A Bement, recorded October 1, 2009 in Official Records Bo 6k 95. �a 293.. 8. South Florida Watt M n em nt Dist ' t tio4 Requirements recorded in Book 4041, Page 2153. j 9. Collier County Ordin o. 75 -20 recorde o k V" age 1177. 10. Collier County Ordinanc o _ -21 recorded i 9, Page 1182. Cj�, 11. Collier County Resolution recor , Page 1239. 12. All other matters affecting title to the Property as of January 4, 2012, except monetary encumbrances caused by Grantor and real estate taxes and assessments for the years 2012 and 2013. AS TO PARCEL 3 1. Dedications and easements as shown on the plat of Artesia Naples, Phase 1 recorded in Plat Book 50, Page(s) 59. 2. Covenants, conditions, restrictions, easements, and provisions for a private charge or assessments, contained in the Amenities Declaration For Artesia Naples recorded in Book 4007, Page 3527; and as amended by that First Amendment to Amenities Declaration for Artesia Naples, recorded October 20, 2011 in Official Records Book 4728, Page 2858, as affected by Assignment and Assumption of Declaration and Related Rights- Master, recorded in O.R. Book 4752, page 1571. OR 5040 PG 3378 3. Covenants, conditions, restrictions, easements, provisions for a private charge or assessments, and a right of first refusal or the prior approval of a future purchaser or occupant, contained in Master Declaration For Artesia Naples recorded in Book 4041, Page 2046; as amended in Book 4493, Page 1727; and further amended by that Second Amendment to Master Declaration for Artesia Naples, recorded October 20, 2011 in Official Records Book 4728, Page 2853, as affected by Assignment and Assumption of Declaration and Related Rights- Master, recorded in O.R. Book 4752, page 1571 and Assignment and Assumption of PUD Interests recorded in O.R. Book 4752, page 1581. 4. Grant of Easement recorded in Book 4115, Page 647. 5. Landscape Maintenance Agreement recorded in Book 4363, Page 284; as assigned by that Assignment and Assumption of Landscape Maintenance Agreement, recorded October 1, 2009 in Official Records Book 4495, Page 3 Cow, 6. South Florida Water Ma Book 4041, Page 2153. �. 7. Collier County Ordi nc/ 8. Collier County 9. Collier County 10. Terms and conditions parties claiming through the le o. on Requirements recorded in 9, Rage 1177. recorded in Book 11. Dedications and easements as Plat Book 50, Page 90. unrecorded lease(3YAl er the leases.' 1182. rights of lessee(s) and any of Artesia Naples, Phase 2 recorded in 12. The following state of facts as disclosed by that survey prepared by Grady Minor, dated May 11, 2011 and last updated May 13, 2014 under File No. 11- 39- 003.DWG: a) Barbwire fence along South boundary of subject property lies wholly outside said boundary. (As shown on Sheets 6 and 7 of survey) b) Asphalt paving and curb cuts encroach upon 10' Public Utility Easement. (As shown on sheet 6 of survey) c) Hogwire fence along North boundary of subject property lies partially inside and partially outside said boundary. (As shown on Sheets 3, 4 and 5 of survey) 13. All other matters affecting title to the Property as of January 4, 2012, except monetary encumbrances caused by Grantor and real estate taxes and assessments for the years 2012 and 2013. OR 5040 PG 3379 ** *All of the recording information contained herein refers to the Public Records of Collier County, Florida , unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. �G�yI�� 1 ? �l c.l 7 (r� V .1 * ** OR 5040 PG 3380 * ** 22435000022 22435000048 22435000064 22435001089 22435001801 22435001827 22435002363 22435002389 22435002949 22435002965 22435002981 22435003003 22435003029 22435003045 22435003087 22435003126 22435003184 22435003207 22435003223 22435003265 22435003304 22435003320 22435003346 22435003362 22435003388 22435003401 Exhibit C 22435003427 22435003443 22435003469 22435003485 22435003508 22435003524 22435004060 22435004086 22435004109 22435004125 22435004141 22435004167 2222435004280 80 435004248 P-�4W 4 �r 22435007025; 22435007148 0� 22435007122 Q 22435007180 CIR�� it INSTR 5040958 OR 5085 PG 1927 RECORDED 10/15/2014 12 :54 PM PAGES 127 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $1,081.00 PREPARED BY AND TO BE RETURNED TO: Robert S. Freedman, Esquire Carlton Fields Jorden Burt, P.A. 4221 W. Boy Scout Boulevard, Suite 1000 Tampa, Florida 33607 (813) 223 7000 AMENDED AND RESTATED MASTER DECLARATION FOR ARTESIA NAPLES STATEMENT OF BACKGROUND INFORMATION ............... .. ........................ . ....... . ... . .......... I........................... 1 ARTICLE1: DEFIN: TIONS ........................................................................................................... ............................... 2 ARTICLE 2: PROPERTY SUBJECT TO THIS DECLARATION; GENERAL PLAN OF DEVELOPMENT ................... 6 ARTICLE3: INTENTIONALLY OMITTED ..................................................................................... ............................... 7 ARTICLE4: COMMON PROPERTY ............................................................................................ ............................... 7 .. ARTICLE 5: NON - RESIDENTIAL ACTIVITIES .......................................................................... ............................... 9 ARTICLE 6: USE AND ARCHITECTURAL RESTRICTIONS ........................................................ .............................11 ARTICLE7: EASEMENTS ............................................................................................................. .............................24 ARTICLE8: ARCHITECTURAL CONTROL .................................................... . ........................................... .... .... ........ ARTICLE 9: MAINTENANCE BY THE MASTER ASSOCIATION g.... ..................:.............--.......... .............................30 ARTICLE 10: MAINTENANCE BY OWNERS, SUBDIV S �A' g_CIATIONS AND THE MASTER ASSOCIATION ...................... .............................35 ARTICLE 11: SURFACE WATER DRAINA A D TEM ..............:.......... ......... ....................38 ARTICLE 12: ADDITIONS TO OR DEL OM PROPER �' .... ......................... ........ ...- ....................40 ARTICLE 13: MEM13ERSHIP AND VO I GHTS ............................. ............................. .............................A1 ARTICLE 14: TRANSFER OF CON T OL .. ............................................................. .............................42 ARTICLE 15: RIGHTS AND OBLIG TIO S E OCIAT N .. ...................... .............................43 ARTICLE 16: COVENANT FOR A SE MENTS; P CONT IBUTIO S ........................ .............................45 ARTICLE 17: MISCELLANEOUS RO S ....................... .............................50 ARTICLE 18: DAMAGE, DESTRU TI ND E R 0 0 PR PERTY ...... .............................52 ARTICLE 19: CONDEMNATION ..... ........... .................. ............................... ARTICLE 20: TERMINATION OF i 53 ARTICLE 21: DECLARANTS RIG '('8 ...... ............................... .............. . .. 3 .......... ................ ..- . ARTICLE 22: AMENDMENTS ......... ?� ..... ............................... ....................... 54 54 ARTICLE23: GENERAL PROVISIO ..... ............................... .......� ........................ ..............................5 A - LEGAL DESCRIPTION O GP B - DESCRIPTION OF COMMON PROPERTY C - LEGAL DESCRIPTION OF THE PROPERTY SUBJECT TO SPECIFIC IRRIGATION ASSESSMENTS D - AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE MASTER ASSOCIATION E - AMENDED AND RESTATED BY-LAWS OF THE MASTER ASSOCIATION F - VOTING RIGHTS OF THE MEMBERS G - TYPES OF ASSESSMENTS AND BASIS FOR CALCULATION; FINES H - SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCES PERMIT I - INITIAL ARC GUIDELINES NOTICE: Pursuant to Section 16.14, upon the resale of a Lot, Home or Parcel, a Resale Capital Contribution and a Resale Landscaping Capital Contribution is required to be paid. As provided in Section 23.4 of this Declaration, each Owner, by virtue of taking title to a Lot, Unit or Parcel, hereby agrees that the deed of conveyance of the Lot, Unit or Parcel to a third party shall specifically, state that the Lot, Unit or Parcel Is subject to the terms of this instrument and shall state the recording book and page information for this instrument as recorded in the public records of the County. The intent of this provision is to defeat any potential argument or claim that Chapter 712, Florida Statutes, has extinguished the application of this instrument to each of the Lots, Units and.Parcels. 1935864.16 oR 5085 PG 1952 providing drainage and for the installation, operation, use and maintenance of drainage facilities including the Surface Water Drainage and Management System provided for in Article 11 hereof. Upon completion of said drainage facilities, the location and extent of speck drainage easements may be shown on the plats or in such other instruments defining same to be executed by Declarant for so long as Declarant owns any portion of the Property, and thereafter by the Master Association. 7.3 Easement for Encroachments. 7.3.1 Each portion of a Home and other Parcel and the Common Property is hereby subjected to a perpetual easement appurtenant to any adjoining Home, Parcel or the Common Property to permit the use, construction, existence, maintenance, repair and restoration of structures, located on such adjoining Home, Parcel or the Common Property, including, but not limited to, driveways, walkways and roof structures which overhang and encroach upon the servient Home, Parcel or the Common Property, if any, provided that such structures were constructed by Declarant or the construction of such structure is permitted and approved as elsewhere herein provided. The Owner of the dominant Home, Parcel or the Common Property shall have the right, at all reasonable times, to enter the easement area in order to make full use of such structure for its intended purposes and to maintain, repair and restore any improvements located on the dominant Home, Parcel or the Common Property; provided, however, that any such entry made for purpose of n , sloration or repair, shall be limited to daylight hours and shall only be made with the okri��tof ner of the servient Home, Parcel or the Common Property. In case of emer fight of en ra��` enance, restoration or repair shall be immediate, not restricted as to ti a not be conditioned `P 'or knowledge of the Owner of the servient Home, Parcel or the C mm FRropeq. Any damage or location of or to plants or other landscaping on the servient me P or reof) r th Common Property caused to accommodate the use of this ease e b thA r of th domin nt me, Parcel (or portion thereof) or the Common Property shat be s i it su h latter Owner. However, the Owner of the servient Home, lFarc lo the C m o h 1 n t p ce any improvement, material or obstacle in or over the eas a i t Ho a r the Common Property which would unreasonably in i hit a rights o e Own of th o I Home, Parcel or the Common Property granted by this Para Any such improv nt, m t or obstacle shall be promptly removed by the Owner of the se Home, Parcel or th o operty at such Owner's expense when requested by the Owner o t i minant Home, Parc t e Common Property or Declarant notwithstanding any lapse of time improvemen I or other obstacle was placed in or over the easement area. However, in e ment for any encroachment be created in favor of any Owner if such encroachmen i y detrimental to or materially interferes with the reasonable use and enjoyment of the Home or Parcel of another Owner and if it occurred due to the willful conduct of any Owner. 7.3.2 The Association is or shall be the holder of certain drainage easements pertaining to stormwater management on some, but not all, of the Lots, Units and Parcels, such easements having been created or will be created pursuant to one or more subdivision plats pertaining to the Community ( "Association Drainage Easement Areas "). If it is determined that air conditioning equipment and underlying pads ( "A/C System ") and /or pool pumps, heaters pads and equipment (collectively, "Pool System ") for certain Lots, Units or Parcels has been or may have been placed and located within the Association Drainage Easement Areas prior to the effective date of this Section 7.3.2, in order to ensure the continued use of such existing A/C System and/or Pool System for and by such Lots, Units or Parcels, and with the understanding that the existing A/C System and/or Pool System does not impair the use of the Association Drainage Easement Areas for drainage purposes, the Association hereby consents to and approves the encroachment of the A/C System and/or Pool System into the Association's easement areas, thereby permitting the historic and future use of such existing A/C System and/or Pool System as are contained within the Association Drainage Easement Areas as of the effective date of this Section 7.3.2. An A/C System and/or Pool System installed after the effective date of this Section 7.3.2 shall be permitted to be located within the Association Drainage Easement Areas for a particular Lot, Unit or Parcel upon the execution of an encroachment easement agreement between the Association and the Owner of the applicable Lot, Unit or Parcel, which agreement shall include, among .--� other provisions, that the Association has determined that the placement of such A/C System and /or Pool System within the Association Drainage Easement Areas does not impair the use of the Association Drainage Easement Areas for drainage purposes. This Section 7.3.2 shall not be amended except upon the vote of not less than 75% of the total voting interests in the Association. 1936864.16 -26- Lands End Preserve PUD Disclosure of Interest Information 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Owner WCI Communities LLC (a publicly traded company) 24301 Walden Center Drive Bonita Springs, FL 34134 Percentage of Ownership 100 Page 1 of 1 CC'oL t_Ft: #1 ' 41 IN i t 0 IV- 1 -- -"R "NiiEH3Nj +#Y E �� ! S - ;, i 1`'� %7,•��,;1V61{gg_'3 t. -.i **lit t-.9�tt b,Tf i�9..��a.,3[�f� AFFIDAVIT 341 i; 4 } 6,3 ) W. WWcollieraw.net 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 /I 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: 1 _ Barry st AI Director of Planning and Permitting The foregoing instrument was acknowledged before me this < day ofa�1 , 2015, by Barry Ernst who is personally known to me or has produced LIA . as identification. EM...�.r� (Signature of Notary Public) CALDWELL SI0N 0 EE 851024 /i ebruary 13, 2017 1 1 b LA- L-LL t' tary Public Under wars (Print, Type, or Stamped Commissioned Name of Notary Public) Comfi CO ICY COUMty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 Projector development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Artesia Naples Please Return Approver,) Checklist By: [j] Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239 -947 -1144 Email /Fax: sumpenhour @gradyminor.com 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 Folio Number See attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 11 -24 -2014 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED SECTION I 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 Lands End Preserve PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property being 262.9 acres, is described as: The North %2 of the South V2 of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the centerline of Barefoot Williams Road. Together with: The South %2 of the South %2 of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the Westerly Right of Way Line of Barefoot Williams Road. Together with: The Southeast '/4 of the Southeast '/. of Section 5, Township 51 South, Range 26 East, Collier County, Florida. Together with: The South '/2 of the Northeast '/a of the Southeast '/, of Section 5, Township 51 South, Range 26 East, Collier County, Florida. 1.3 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. The site is generally bordered on the west by Lely Lakes Golf Resort PUD; on the north by LESNAP, an unrecorded subdivision; on the east by the Eagle Creek PUD, a developed residential /golf course community that is zoned PUD; and on the south by undeveloped agriculture and conservation zoned �-. property. F 1PUD Documents\Lmds End2.doc 12/10/2002 Lands End Preserve PUD ParcellD UseCode Namel StreetNum FullStreet SubDivisionCond BlockBldg LotUnit 22435000022 94 WCI COMMUNITIES LLC 1399 BAREFOOT WILLIAM RD 168490 TR A 1 22435000048 0 WCI COMMUNITIES LLC 1405 BAREFOOT WILLIAM RD 168490 B 1 22435000064 0 WCI COMMUNITIES LLC 1347 ARTESIA DR E 168490 C 1 22435001089 91 WCI COMMUNITIES LLC 168490 1 1 22435001801 95 WCI COMMUNITIES LLC 168490 L -1 1 22435001827 95 WCI COMMUNITIES LLC 168490 L -2 1 22435002363 94 WCI COMMUNITIES LLC 168490 N 1 22435002389 96 WCI COMMUNITIES LLC 168490 P -1 1 22435002949 0 WCI COMMUNITIES LLC 1234 KENDARI TER N 168490 A 1 22435002965 0 WCI COMMUNITIES LLC 1238 KENDARI TER 168490 A 2 22435002981 0 WCI COMMUNITIES LLC 1242 KENDARI TER 168490 A 3 22435003003 0 WCI COMMUNITIES LLC 1246 KENDARI TER 168490 A 4 22435003029 0 WCI COMMUNITIES LLC 1250 KENDARI TER 168490 A 5 22435003045 0 WCI COMMUNITIES LLC 1254 KENDARI TER 168490 A 6 22435003061 1 CLARK, DAVID 1258 KENDARI TER 168490 A 7 22435003087 0 WCI COMMUNITIES LLC 1264 KENDARI TER 168490 B 8 22435003100 1 SALERNO, JOSEPH D 1268 KENDARI TER 168490 B 9 22435003126 0 WCI COMMUNITIES LLC 1272 KENDARI TER 168490 B 10 22435003142 1 SIEBEN, ALBERTUS J 1 M 1276 KENDARI TER 168490 B 11 22435003168 1 SLOMBA, MARK 1280 KENDARI TER 168490 B 12 22435003184 0 WCI COMMUNITIES LLC 1284 KENDARI TER 168490 B 13 22435003207 0 WCI COMMUNITIES LLC 1288 KENDARI TER 168490 B 14 22435003223 0 WCI COMMUNITIES LLC 1292 KENDARI TER 168490 B 15 22435003249 1 KIRC:HER, ROBERT C =& NEREYDA 1296 KENDARI TER 168490 B 16 22435003265 0 WCI COMMUNITIES LLC 1300 KENDARI TER 168490 B 17 22435003281 1 SASSIAN,EVA 1304 KENDARI TER 168490 B 18 22435003304 0 WCI COMMUNITIES LLC 1308 KENDARI TER 168490 C 19 22435003320 0 WCI COMMUNITIES LLC 1312 KENDARI TER 168490 C 20 22435003346 0 WCI COMMUNITIES LLC 1316 KENDARI TER 168490 C 21 22435003362 0 WCI COMMUNITIES LLC 1320 KENDARI TER 168490 C 22 22435003388 0 WCI COMMUNITIES LLC 1326 KENDARI TER 168490 C 23 22435003401 0 WCI COMMUNITIES LLC 1330 KENDARI TER 168490 C 24 22435003427 0 WCI COMMUNITIES LLC 1334 KENDARI TER 168490 C 25 22435003443 0 WCI COMMUNITIES LLC 1338 KENDARI TER 168490 C 26 22435003469 0 WCI COMMUNITIES LLC 1342 KENDARI TER 168490 C 27 22435003485 0 WCI COMMUNITIES LLC 1346 KENDARI TER 168490 C 28 22435003508 0 WCI COMMUNITIES LLC 1350 KENDARI TER 168490 C 29 22435003524 0 WCI COMMUNITIES LLC 1354 KENDARI TER 168490 C 30 22435003744 1 SOLE:R, FRANCISCO 1233 KENDARI TER 168490 E 1 22435003760 1 HICKEY, WILLIAM 1 1237 KENDARI TER 168490 E 2 22435003786 1 UTTERBACK, JOHN M =& BEVERLY A 1241 KENDARI TER 168490 E 3 22435003809 1 COORDS, MARIA 1245 KENDARI TER 168490 E 4 22435003825 1 MOUSTAFA, EDWIN A 1249 KENDARI TER 168490 E 5 22435003841 1 D'AGOSTINO IV, PAUL =& JESSICA 1253 KENDARI TER 168490 E 6 22435003867 1 KOHOUT, MICHAEL J 1257 KENDARI TER 168490 E 7 22435003883 1 WENDT TR, TIMOTHY M 1261 KENDARI TER 168490 E 8 22435003906 1 PEQUEGNAT NA PROPERTY TRUST 1252 MANADO DR 168490 E 9 22435003922 1 TUD'SCO, MARY C 1248 MANADO DR 168490 E 10 22435003948 1 HANSEN, WILLIAM =& ANNA 1244 MANADO DR 168490 E 11 22435003964 1 BAUSERMAN, PAMELA A 1240 MANADO DR 168490 E 12 22435003980 1 PURPLE ROOSTER HOLDINGS LLC 1236 MANADO DR 168490 E 13 22435004002 1 MAP, rIN TR, FREDRICK K 1232 MANADO DR 168490 E 14 22435004028 1 MOROSAN, NARCIS 5 1228 MANADO DR 168490 E 15 22435004044 1 CLOWES, PERCIVAL =& JACQUELINE 1224 MANADO DR 168490 E 16 22435004060 0 WCI COMMUNITIES LLC 1225 MANADO DR N 168490 F 1 22435004086 0 WCI COMMUNITIES LLC 1231 MANADO DR 168490 F 2 22435004109 0 WCI COMMUNITIES LLC 1235 MANADO DR 168490 F 3 22435004125 0 WCI COMMUNITIES LLC 1239 MANADO DR 168490 F 4 22435004141 0 WCI COMMUNITIES LLC 1243 MANADO DR 168490 F 5 22435004167 0 WCI COMMUNITIES LLC 1251 MANADO DR 168490 F 6 22435004183 0 WCI COMMUNITIES LLC 1255 MANADO DR 168490 F 7 22435004206 0 WCI COMMUNITIES LLC 1259 MANADO DR 168490 F 8 22435004222 0 WCI COMMUNITIES LLC 1263 MANADO DR 168490 F 9 �-- 22435004248 0 WCI COMMUNITIES LLC 1267 MANADO DR 168490 F 10 22435004264 1 SURVIVOR'S TRUST 1307 KENDARI TER 168490 G 1 Page 1 of 3 Lands End Preserve PUD 22435004280 0 WCI COMMUNITIES LLC 1311 KENDARI TER 168490 G 2 ` 22435004303 0 WCI COMMUNITIES LLC 1315 KENDARI TER 168490 G 3 22435004329 0 WCI COMMUNITIES LLC 1319 KENDARI TER 168490 G 4 22435004345 1 BAROSH, ROBERT F 1323 KENDARI TER 168490 G 5 22435004361 1 WAY, MICHAEL J=& JOY 1327 KENDARI TER 168490 G 6 22435004387 1 KENDARI 31 TRUST NO 13074505 1331 KENDARI TER 168490 G 7 22435004400 0 WCI COMMUNITIES LLC 1335 KENDARI TER 168490 G 8 22435004426 1 VALE,PETER 1339 KENDARI TER 168490 G 9 22435004442 0 WCI COMMUNITIES LLC 1343 KENDARI TER 168490 G 10 22435004468 1 ROBERTS, KEITH A =& CATHERINE A 1347 KENDARI TER 168490 G 11 22435004484 0 WCI COMMUNITIES LLC 1351 KENDARI TER 168490 G 12 22435004507 1 GLYTSEA,PETER =& ELENI 1355 KENDARI TER 168490 G 13 22435007025 0 WCI COMMUNITIES LLC 1421 MANADO DR 168495 1 22435007122 96 WCI COMMUNITIES LLC 168496 P -2 1 22435007148 0 WCI COMMUNITIES LLC 1455 ARTESIA DR W 168496 T 1 22435007180 0 WCI COMMUNITIES LLC 168496 T -1 1 56498000022 4 WCI COMMUNITIES LLC 1359 ARTESIA DR E 477300 101 56498000048 4 WCI COMMUNITIES LLC 1359 ARTESIA DR E 477300 102 56498000064 4 WCI COMMUNITIES LLC 1359 ARTESIA DR E 477300 103 56498000080 4 MARTIN, DANIEL 1363 ARTESIA DR E 477300 201 56498000103 4 CAREY, MICHAEL L =& CRYSTAL L 1363 ARTESIA DR E 477300 202 56498000129 4 CURCIO, EDWARD =& STACY 1363 ARTESIA DR E 477300 203 56498000145 4 DUNNING TR, DOLORES 1367 ARTESIA DR E 477300 301 56498000161 4 ROGERS TR, DANIEL D 1367 ARTESIA DR E 477300 302 56498000187 4 TREJOS, ROBERTO R 1367 ARTESIA DR E 477300 303 56498000200 4 BARBIRETTI, SUSAN 1371 ARTESIA DR 477300 401 56498000226 4 RECCHIA, ANTHONY 1371 ARTESIA DR E 477300 402 56498000242 4 FRONTZAK, JOSEPH E_& COLLEEN M 1371 ARTESIA DR E 477300 403 56498000268 4 RECCHIA, JAMES R 1375 ARTESIA DR E 477300 501 56498000284 4 SMITH, STEVEN =& LINDA 1375 ARTESIA DR E 477300 502 56498000307 4 RIDDLE, MICHAEL 1375 ARTESIA DR E 477300 503 56498000323 4 SIEBEN ET AL, ALBERTUS 1 C M 1379 ARTESIA DR E 477300 601 — 56498000349 4 HALL, MICHAEL =& SHOWYUH 1379 ARTESIA DR E 477300 602 56498000365 4 VACCHIANO, TED =& LINDA 1379 ARTESIA DR E 477300 603 56498000381 4 HAAS, JAMES DAVID =& NICOLE 1383 ARTESIA DR E 477300 701 56498000404 4 SIEBEN ET AL, ALBERTUS J C M 1383 ARTESIA DR E 477300 702 56498000420 4 COOYAH, NAMYAH 1383 ARTESIA DR E 477300 703 56498000446 4 TAVARES, LINDA 1387 SANTIAGO CIR 477300 801 56498000462 4 AMES, MARYBETH 1387 SANTIAGO CIR 477300 802 56498000488 4 SOWA, WALTER =& WLADYSLAWA 1387 SANTIAGO CIR 477300 803 56498000501 4 DIXON- ABBOTT, JENNIFER A 1391 SANTIAGO CIR 477300 901 56498000527 4 HALL, SHOWYUH S 1391 SANTIAGO CIR 477300 902 56498000543 4 FINLEY, RHONDA =& JAMES 1391 SANTIAGO CIR 477300 903 56498000569 4 COTTON, LINDA G 1395 SANTIAGO CIR 477300 1001 56498000585 4 CIARAMITARO, LARISSA 1395 SANTIAGO CIR 477300 1002 56498000608 4 MONDANOS, THEODORE =& EUGENIA 1395 SANTIAGO CIR 477300 1003 56498000624 4 WCI COMMUNITIES LLC 1399 SANTIAGO CIR 477300 1101 56498000640 4 WCI COMMUNITIES LLC 1399 SANTIAGO CIR 477300 1102 56498000666 4 WCI COMMUNITIES LLC 1399 SANTIAGO CIR 477300 1103 56498000682 4 WCI COMMUNITIES LLC 1403 SANTIAGO CIR 477300 1201 56498000705 4 WCI COMMUNITIES LLC 1403 SANTIAGO CIR 477300 1202 56498000721 4 WCI COMMUNITIES LLC 1403 SANTIAGO CIR 477300 1203 56498000747 4 PEREZ, ORLANDO 1407 SANTIAGO CIR 477300 1301 56498000763 4 THREE FOR THE ROAD LLC 1407 SANTIAGO CIR 477300 1302 56498000789 4 RADA, IRAIDA =& ASHER K 1407 SANTIAGO CIR 477300 1303 56498000802 4 WCI COMMUNITIES LLC 1411 SANTIAGO CIR 477300 1401 56498000828 4 WCI COMMUNITIES LLC 1411 SANTIAGO CIR 477300 1402 56498000844 4 WCI COMMUNITIES LLC 1411 SANTIAGO CIR 477300 1403 56498000860 4 WCI COMMUNITIES LLC 1415 SANTIAGO CIR 477300 1501 56498000886 4 WCI COMMUNITIES LLC 1415 SANTIAGO CIR 477300 1502 56498000909 4 WCI COMMUNITIES LLC 1415 SANTIAGO CIR 477300 1503 56498000925 4 WCI COMMUNITIES LLC 1419 SANTIAGO CIR 477300 1601 56498000941 4 WCI COMMUNITIES LLC 1419 SANTIAGO CIR 477300 1602 -- 56498000967 4 WCI COMMUNITIES LLC 1419 SANTIAGO CIR 477300 1603 56498000983 4 WOJCIK, FRANK 1423 SANTIAGO CIR 477300 1701 56498001005 4 SANTARSIERO, WILLIAM =& LILLIAN 1423 SANTIAGO CIR 477300 1702 Page 2 of 3 Lands End Preserve PLID 56498001021 4 CURRAN, JOHN D =& KAREN A 1423 SANTIAGO CIR 477300 1703 56498001047 4 WCI COMMUNITIES LLC 1427 SANTIAGO CIR 477300 1801 56498001063 4 WCI COMMUNITIES LLC 1427 SANTIAGO CIR 477300 1802 56498001089 4 WCI COMMUNITIES LLC 1427 SANTIAGO CIR 477300 1803 56498001102 4 WCI COMMUNITIES LLC 1431 SANTIAGO CIR 477300 1901 56498001128 4 WCI COMMUNITIES LLC 1431 SANTIAGO CIR 477300 1902 56498001144 4 WCI COMMUNITIES LLC 1431 SANTIAGO CIR 477300 1903 56498001160 4 WCI COMMUNITIES LLC 1435 SANTIAGO CIR 477300 2001 56498001186 4 WCI 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SEAMPLES, MARCEL G 1325 OCEANIA DR N 693500 6 80394000147 4 WCI COMMUNITIES LLC 1169 GENOVESA CT 693500 7 80394000163 4 WCI COMMUNITIES LLC 1173 GENOVESA CT 693500 8 80394000189 4 WCI COMMUNITIES LLC 1177 GENOVESA CT 693500 9 80394000202 4 WCI COMMUNITIES LLC 1178 GENOVESA CF 693500 10 80394000228 4 WCI COMMUNITIES LLC 1174 GENOVESA CT 693500 11 80394000244 4 WCI COMMUNITIES LLC 1170 GENOVESA CT 693500 12 80394000260 4 WCI COMMUNITIES LLC 1160 SANTORINI PL 693500 13 80394000286 4 WCI COMMUNITIES LLC 1164 SANTORINI PL 693500 14 80394000309 4 WCI COMMUNITIES LLC 1168 SANTORINI PL 693500 15 80394000325 4 WCI COMMUNITIES LLC 1167 SANTORINI PL 693500 16 80394000341 4 WCI COMMUNITIES LLC 1163 SANTORINI PL 693500 17 80394000367 4 WCI COMMUNITIES LLC 1159 SANTORINI PL 693500 18 80394000383 4 WCI COMMUNITIES LLC 1150 PENROSE Cr 693500 19 80394000406 4 WCI COMMUNITIES LLC 1154 PENROSE Cr 693500 20 80394000422 4 WCI COMMUNITIES LLC 1158 PENROSE CT 693500 21 80394000448 4 WCI COMMUNITIES LLC 1157 PENROSE Cr 693500 22 80394000464 4 WCI COMMUNITIES LLC 1153 PENROSE CT 693500 23 80394000480 4 WCI COMMUNITIES LLC 1137 ANTARAS CT N 693500 24 80394000503 4 WCI COMMUNITIES LLC 1141 ANTARAS CF N 693500 25 80394000529 4 WCI COMMUNITIES LLC 1145 ANTARAS CT N 693S00 26 80394000545 4 WCI COMMUNITIES LLC 1146 ANTARAS CT N 693500 27 80394000561 4 WCI COMMUNITIES LLC 1142 ANTARAS CF N 693500 28 80394000587 4 SEAMPLES, JEFFREY JOHN 1138 ANTARAS CT N 693500 29 80394000600 4 WCI COMMUNITIES LLC 1127 MEDAN CT N 693500 30 80394000626 4 MOF FFEW, ANDREW J =& LESLEY K 1131 MEDAN CT N 693500 31 80394000642 4 AMREYS INVESTMENT CORP 1135 MEDAN CT N 693500 32 80394000668 4 BRC'A/N, CAROL A 1134 MEDAN CT N 693500 33 80394000684 4 LUK, RICK SUEN KI 1130 MEDAN CT N 693500 34 80394000707 4 CHID, MICHAEL A =& ANGELA B 1126 MEDAN CT N 693500 35 80394000723 4 COOK TR, THOMAS 1102 MEDAN CT S 693500 36 80394000749 4 CARMICHAEL, RONALD DAVID 1106 MEDAN CF S 693500 37 80394000765 4 PRICE, MICHAEL R =& CAROL J 1110 MEDAN CT S 693500 38 80394000781 4 HOGAN, JO VON NA 1111 MEDAN CTS 693S00 39 80394000804 4 PERROTTI, JOSEPH =& MAUREEN 1107 MEDAN CT S 693500 40 80394000820 4 SIEBEN ET AL, ALBERTUS 1 C M 1103 MEDAN CT S 6935 X1 41 80394000846 4 SIEBEN, ALBERTUS J C M 1116 ANTARAS CT S 693500 42 80394000862 4 WCI COMMUNITIES LLC 1120 ANTARAS CT5 693500 43 80394000888 4 WCI COMMUNITIES LLC 1124 ANTARAS CT S 693500 44 80394000901 4 WCI COMMUNITIES LLC 1125 ANTARAS CT S 693500 45 --- 80394000927 4 MARTIN TR, FREDERICK K 1121 ANTARAS CT S 693500 46 80394000943 4 WCI COMMUNITIES LLC 1117 ANTARAS CTS 693500 47 Page 3 of 3 Lands End Preserve RPUD Deviation Justifications Deviation 4: Deviation #4 seeks relief 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 and doors along portions of the principal building that is on the zero setback line. Justification: All or portions of the principal building may be located at the zero setback with the PUD requiring a minimum 10 -foot building separation. The developer desires to have flexibility to allow for window and door openings on the principal building on the zero setback line provided a 10 -foot principal building separation is maintained. This type of development scenario is visually and functionally equivalent to a conventional single - family detached residence. Lands End Deviation Justifications.doc Page 1 of 1 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects December 9, 2014 Mr. Mark Strain Collier County Hearing Examiner 2800 Horseshoe Drive North Naples, FL 34104 Re: Lands End Preserve RPUD Dear Mr. Strain: We respectfully request a waiver from the requirement to hold a Neighborhood Information Meeting (NIM) for the above- mentioned PUD Insubstantial Change application. The proposed request is a minor change to the approved zero lot line dwelling types to allow windows and /or doors on the zero setback side of the building and does not change the land uses or intensity as previously approved in Ordinance 2003 -04. The modification will not have any impact on adjacent properties internal or external to the project. Please contact me if there are any questions regarding these submittals. Sincerely, D. Wayne Arnold, AICP c: Barry Ernst GradyMinor File Q. Grady Minor & Associates, P.A. Ph. 239 - 947 -1144 Fax. 239 - 947 -0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com 14 CJ�I VA3 I ORDINANCE NO.03— 04 N t[IV� �v a• AN ORDINANCE AMENDING ORDINANCE ��9191KatN,o NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR r-rn THE UNINCORPORATED AREA OF COLLIER r_r''- COUNTY, FLORIDA, BY AMENDING THE OFFICIAL _' 7 ZONING ATLAS MAPS NUMBERED 1604S AND ^J 1605S BY CHANGING THE ZONING m=+ CLASSIFICATION OF THE HEREIN DESCRIBED X b M REAL PROPERTY FROM "PUD" TO "PUD" PLANNED ° r C7 UNIT DEVELOPMENT KNOWN AS LANDS END —4 C4 PRESERVE, FOR PROPERTY LOCATED APPROXIMATELY 1/2 MILE WEST OF COLLIER BOULEVARD (C.R. #951) BY WAY OF TOWER ROAD OR ON THE WEST SIDE OF BAREFOOT WILLIAMS ROAD, IN SECTIONS 4 AND 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.9+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-43, THE FORMER LANDS END PRESERVE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates,representing Emerald Lakes Joint Venture, 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 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document,attached hereto as Exhibit"A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 16045 and 1605S,as described in Ordinance Number 91-102,the Collier County Land Development Code,are hereby amended accordingly. SECTION TWO: Ordinance Number 94-43,known as the Lands End Preserve PUD,adopted on September 13, 1994, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 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 114Ih day of Tarwarif ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT T,..,ARQCK,CLERK COLLIER COUNTY,FLORIDA -------::7' - • c ltdittu:L. • ; Wipn, B : 'Jo Clainun's , I AN N'11),ittati,set‘OA I y. 1-14-1-433 Approa 54s4rilorm and This ordinance filed wit 11/hc Legal Sufficiency Secretory of State's Office thc 220i cloy of aftem,-, ofifq cf..vfiCSI-ey and ocknowledgement of that ruriMatjorie M.Student filin received this dcY f Assistant County Attorney o BY • Deputy Cleric PUDA-2002-AR-2702ABAO • 2 • Lands End Preserve A PLANNED UNIT DEVELOPMENT 263±Acres Located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County,Florida PREPARED FOR: Emerald Lakes Joint Venture PREPARED BY: D. Wayne Arnold,AICP Q. Grady Minor&Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich Goodlette, Coleman&Johnson 4001 Tamiami Trail North, Suite 300 Naples, Fl 34103 EXHIBIT"A" F:1PUD Documents\Lands End2.doc 12/10/2002 ii TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-I SECTION III RESIDENTIAL 3-1 SECTION IV RECREATION CENTER 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 EXHIBIT A PUD MASTER PLAN F:\PUD Documents.Lands End2.doc 12/10/2002 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Emerald Lakes Joint Venture, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 262.9± acres of land located in Sections 4 and 5, Township 51 South,Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Lands End Preserve. The development of Lands End Preserve will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element(FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The proposed residential density of Lands End Preserve is 2.75 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. Due to the project's location adjacent to the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density to permit a maximum of three (3)dwelling units per acre. The proposed maximum 10,000 square feet of convenience commercial and personal service uses located in the Recreation Center Tract, are consistent with the proposed Future Land Use Element, PUD Neighborhood Village Center Subdistrict. 3. The Lands End Preserve PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Lands End Preserve PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Lands End Preserve PUD is a large-scale residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC), Planned Unit Development District. 7. The Lands End Preserve PUD is planned to 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. F:\PUD Documents\Lands End2 doc 12/10/2002 iv 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 9. The Assisted Living Facility (ALF), permitted in specified Residential Development tracts is a permitted community facility land use in the Urban Coastal Fringe Subdistrict of the Future Land Use Element of the Growth Management Plan. F:1PUD Documents\Lands End2.doc 12/10/2002 V SHORT TITLE This ordinance shall be known and cited as the "LANDS END PRESERVE PLANNED UNIT DEVELOPMENT ORDINANCE". F:1PUD Documents\Lands End2.doc 12/10/2002 1-] SECTION I 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 Lands End Preserve PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property being 262.9 acres, is described as: The North %z of the South V2 of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the centerline of Barefoot Williams Road. Together with: The South %Z of the South 1/2 of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the Westerly Right of Way Line of Barefoot Williams Road. Together with: The Southeast 1/4 of the Southeast '/4 of Section 5, Township 51 South, Range 26 East, Collier County, Florida. Together with: The South '/2 of the Northeast '/a of the Southeast 1/4 of Section 5, Township 51 South, Range 26 East, Collier County, Florida. 1.3 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. The site is generally bordered on the west by Lely Lakes Golf Resort PUD; on the north by LESNAP, an unrecorded subdivision; on the east by the Eagle Creek PUD, a developed residential/golf course community that is zoned PUD; and on the south by undeveloped agriculture and conservation zoned property. F:1PUD Documents\Lands End2.doc 12/10/2002 1-2 B. The zoning classification of the subject property at the time of PUD application is PUD. C. Elevations within the site are approximately 3.5 feet to 4.5 feet above MSL. Per FEMA Firm Map Panel No. 120067 615 E, dated August 3, 1992, the Lands End Preserve property is located within AE 8 of the FEMA flood insurance rate map. D. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. An Environmental Impact Statement(EIS) has been submitted,pursuant to Division 3.8 of the LDC, and provisions for on-site preservation of higher quality wetlands are incorporated into the design of the Conceptual Master Plan, and overall water management system. E. The soil types on the site generally include fine quartz sand and organic loam. This information was derived from the Soil Survey of Collier County,Florida. F. The Lands End Preserve contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the Environmental Impact Statement attachment to the Application for PUD Rezoning packet. G. The project site is located within the Collier County Water Management District Henderson Creek Watershed. 1.4 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 725 dwelling units are permitted within the Lands End Preserve PUD. This maximum of 725 dwellings may include single-family, two-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. The PUD shall also permit development of an Assisted Living Facility(ALF) on the residential/golf tracts as shown on the Conceptual Master Plan, subject to standards found in Section 2.6.26 of the LDC. 1.5 DENSITY A. Acreage of Lands End Preserve is approximately 262.9 acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 725. The gross project density,therefore,will be a maximum of 2.75 units per acre. B. At all times, all property included within the Lands End Preserve PUD as described in Section 1.2 shall be included in determining project density, including lands reserved for road right-of-way. F:1PUD Documents\Lands End2.doc 12/10/2002 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Lands End Preserve PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Lands End Preserve PUD will be developed as a mixed use residential community, which may feature a full array of residential dwelling types, and a recreation center,providing for activities such as community gatherings,recreational amenities, convenience commercial uses and personal services, central to community residents. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual recreational areas, water management features, and tract development areas shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Lands End Preserve PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate 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. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. 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. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. F:\PUD Documents\Lands End2.doc 12/10/2002 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Lands End Preserve Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Lands End Preserve PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Lands End Preserve PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type,the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However,tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Roadways within the Lands End Preserve PUD shall be privately owned and maintained. 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 reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. B. Roadways within the Lands End Preserve PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 1. Streets and access improvements a. Section 3.2.8.4.16.5, Street Right-of-Way Width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs �., shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. F:1PUD Documents\Lands End2 doc 12/(0/2002 2-3 b. Section 3.2.8.4.16.6, Dead-end Streets: Cul-de-sacs may exceed a length of one thousand(1,000) feet. c. Section 3.2.8.4.16.8, Intersection Radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. d. Section 3.2.8.4.16.10, Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 2. Sidewalks, bike lanes and bike paths a. Section 3.2.8.3.17.3, Sidewalks, bike lanes and bike paths: The primary project entry road and loop road system shall have a minimum eight foot(8') wide pathway on one side of the street, or a 5 foot wide pathway on both sides of the street, which may meander in and out of the right-of-way. b. Cul-de-sacs and private streets less than one thousand (1,000) feet in length shall not be required to provide sidewalks. Cul-de-sacs and private streets exceeding one thousand (1,000) feet in length shall provide sidewalks on one side of the roadway. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced subject to the provisions established in Sections 3.5.7.1.1 and 3.5.7.1.2 of the LDC. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and be subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Lands End Preserve PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. F:\PUD Documents1Lands End2.doc 1/17/2003 2-4 r 2.7 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. TEMPORARY CONSTRUCTION AND DEVELOPMENT PERMITS During the construction of any development for which at least a preliminary development order has been granted, the Developer may request a temporary use permit for the below-listed uses subject to the procedures established in Section 2.6.33 of the LDC. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, real estate sales and administrative functions within the development. 2. Temporary sales centers and model homes 3. On-site storage of equipment and construction materials for use on the development site only. 4. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. 5. On-site mobile home for the use of a watchman or caretaker only. 6. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. 2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.9 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Community Development District (CDD) or by a Property Owners' Association. For those areas not maintained by a CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. F:\PUD Documents\Lands End2.doc 12/10/2002 2-5 2.10 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Lands End Preserve PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 2:1 Internal to project 3:1 3. Rip-Rap berms 1:1 with geotextile mat 4. Structural walled berms-vertical B. Fence or wall maximum height: Six feet (6'), as measured from the fmished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Lands End Preserve PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Fences and walls which are an integral part of a gatehouses and control gates shall be subject to the height limitations for accessory residential structures, not to exceed 30 feet. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer,the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Section 2.7 of the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended 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, as set forth in the LDC, Section 2.2.20.1. B. The Lands End Preserve PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to F:\PUD Documents\Lands End2.doc 1/17/2003 2-6 ensure a high and consistent level of quality for residential units and related community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 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. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lands End Preserve PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of the Lands End Preserve 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 LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.10 of this PUD. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: F:\PUD Documents\Lands End2.doc 12/10/2002 2-7 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1,Development Standards. 3. Minimum distance between unrelated structures - Ten feet(10'). 4. Maximum height of structures- See Table 1, Development Standards. 5. Minimum floor area-None required. 6. Minimum lot or parcel area-None required. 7. 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. 2.14 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use residential projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Section 2.6.32 of the LDC for mixed-use developments. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS A. Pursuant to Section 3.9.5.5.3 of the LDC,25%of the viable naturally functioning native vegetation on site shall be retained. 2.16 SIGNAGE A. GENERAL All signs will be in accordance with Division 2.5 of the Collier County Land Development Code except in the following instances. 1. Two ground or wall entrance signs are allowed at the entrance to each individual residential tract shown on Exhibit "A" and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet. These signs shall not contain more than the project name of the individual tract, the main project name, and the insignia or motto of the project. Said signs are to be located so that they are visible only internal to the Lands End Preserve PUD. F.1PUD Documents\Lands End2.doc 12/10/2002 2-8 2. Two ground signs fronting on Barefoot Williams Road, one north and one south of the main project entrance, shall be allowed in addition to other signage allowed by Division 2.5, of the Land Development Code. Each of these permitted signs shall be limited to 120 square feet in area; supplemented with significant landscaping; contain only the main project name and insignia or motto of the entire development; and be architecturally compatible with landscaped buffer along Barefoot Williams Road and the common architectural theme of the entire project. 2.18 SIDE WALKS/BIKEPATHS A. Pursuant to LDC, Section 3.2.8.3.17 and Section 2.4 of the Lands End Preserve PUD, sidewalks/bike paths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right-of-way serving the adjacent residential tract. 2. Sidewalks may be located outside platted right-of-way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. F:\PUD Documents\Lands End2.doc 12/23/2002 3-1 SECTION III RESIDENTIAL/GOLF 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Lands End Preserve PUD designated on the Master Plan as "R/G", Residential/Golf. 3.2 MAXIMUM DWELLING UNITS A maximum of 725 approved residential dwelling units may be constructed on lands designated "R/G," Residential/Golf on the PUD Master Plan. For purposes of project density 16 ALF units shall constitute 1 Residential dwelling unit. 3.3 GENERAL DESCRIPTION Areas designated as "R/G," Residential/Golf on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.13 of the Lands End PUD, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R/G", Residential/Golf is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential/Golf tracts are designed to accommodate internal roadways, open spaces, golf course uses and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached and detached dwellings,townhomes. 2. Single family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. F:\PUD Documents\Lands End2.doc 12/10/2002 3-2 4. Multi-family dwellings including mid-rise, coach home and garden apartments. 5. Model homes and model home centers including offices for project administration,construction, sales and marketing. 6. Assisted living facilities(ALF). 7. Recreational facilities such as parks,play grounds, and pedestrian/bikeways. 8. Golf course and golf course related facilities. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Golf course related accessory uses including but not limited to clubhouses, golf maintenance facilities, restaurant, and driving range. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Lands End Preserve PUD Residential/Golf area. The following standards shall be applicable to the proposed ALF. Standards not specified herein shall be those specified in Section 2.26.20 of the LDC in effect as of the date of adoption of this PUD Ordinance. 1. Minimum Lot Size—5 acres,not to exceed a maximum of 10 acres. 2. Minimum Yard Requirements: Front: 25' Side: 15', except no setback shall be required from any lake easement. Rear: 25', except that no setback shall be required from any lake easement. 3. Floor Area Ratio: .45 FAR. 4. Maximum Height: 3-stories over 1-level of parking. B. Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries, unless otherwise specified. F:\FUD Documents\Lands End2.doc 12/23/2002 3-3 C. 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. Unless otherwise indicated,required yards,heights, and floor area standards apply to principal structures. D. During the Platting process, the Developer shall identify the specific housing type intended for each platted tract. F:\PUD Documents\Lands End2.doc 12/10/2002 3-4 TABLE 1 LANDS END PRESERVE PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE FAMILY PATIO&ZERO TWO SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE FAMILY/ ATTACHED/ DWELLINGS DUPLEX TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width" 40 35 35 20 NA Front Yard Setback (Principal and Accessory) 20 20 20 20 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback.1 (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory).t 5 5 5 5 5 Side Yard Setback 6 0 or 6" 0 or 6" 0 or 6 .4.5 NA Maximum Height" 35 35 35 35 75 over 1 level of parking not to exceed 86'above FEMA elevation Accessory 30 30 30 30 30 Floor Area Minimum(SF) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF Minimum Distance Between Principal Structures NA 5 or 109.4 5 or 109.4 15 feet" .5 SBH or 15 feet" BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way,setback is measured from the adjacent right-of-way line. •I -Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25' for principal structures and 15' for accessory structures. '2 -Minimum lot width for cul-de-sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. '3-Zero feet(0')or a minimum of six feet(6')on either side except that where the zero foot(0')yard option is utilized,the opposite side of the structure shall have a twelve foot(12')yard. Zero foot(0')yards may be used on either side of a structure provided that the opposite twelve-foot(12')yard is provided. Patios,pools and screen enclosures may encroach into the twelve foot(12')yard and may attach at the common property line. Where this option is used,a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Permit. This plan will be used to determine the twelve foot(12') spacing requirement between structures. *4-Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to fire district approval at the time of site plan review. *5—No Multi-family building exceeding 35 feet over one level of parking shall be permitted within 200 feet of the westernmost right-of-way line of the Barefoot Williams Road right-of-way.Building height shall be measured as defined in Division 6 of the Land Development Code. F:\PUD Documents\Lands End2 doc 1/17/2003 4-1 SECTION IV RECREATION CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Lands End Preserve PUD designated on the Master Plan as RC, "Recreation Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation Center is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center/Neighborhood Village Center is designed as a mixed- use area which will accommodate a variety of active recreational and personal services for Lands End Preserve residents and guests. 4.3 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. Recreational facilities and structures such as pools, fitness facilities, clubhouses, meeting rooms, community buildings, playgrounds, playfields,and tennis courts. B. Neighborhood Village Center, subject to Section 2.2.20.3.14 of the LDC. A maximum of 3.5 acres or 10,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses including,but not limited to, real estate sales offices, (on-site) restaurants, delicatessen, convenience market, satellite banking, auto washing, postal station, beauty salon, and other permitted uses in accordance with Section 2.2.20.3.14 of the LDC in effect as of the date of adoption of this PUD Ordinance. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. F:\PUD Documents\Lands End2.doc 12/23/2002 4-2 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet(25') 2. Side Yard: Fifteen feet(15'). 3. Rear Yard: Fifteen feet(15'). 4. Setback from a lake or conservation areas for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Forty feet (40); except clock towers or similar architectural features,which shall be permitted up to fifty feet(50'). D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures- Ten feet(10'). F. Parking for uses and structures constructed in the Recreation Center: one (1) space per five hundred (500) square feet of building area. No additional parking shall be required for any outdoor recreation use located in the Recreation Center. F:\PUD Documents\Lands End2.doc 12/(0/2002 5-1 r SECTION V PRESERVE 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Lands End Preserve PUD designated on the Master Plan as "P"Preserve. 5.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the SFWMD and USACOE; however,the acreage shall be substantially consistent with that shown on the Master Plan. Actual acreages of preserve areas 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. 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. Permitted Principal Uses and Structures 1. Boardwalks, nature trails,shelters. 2. Water management structures, with approval by Collier County Environmental and Engineering Review Sections. 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or external development tract boundary: Fifteen Feet(15') From internal tract boundary: Ten Feet (10') 2. From lake: Zero Feet(0') B. Maximum Height of Structures: Twenty-five Feet(25') F:\PUD Documents'_ands End2.doc 12/10/2002 6-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Lands End Preserve PUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Divisions 3.2 and 3.3 of the LDC respectively. 6.4 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 97-17, except as may be provided in Section 2.6 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. F:1PUD Documents1Lands End2.doc 12/10/2002 6-2 C. A hydraulically sized water main and sewage force main shall be extended to the project site via Tower Road and Barefoot Williams Road. D. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. 6.5 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. C. The Lands End Preserve conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. D. This project shall be reviewed and approved by the Collier County Stormwater Management Section prior to construction plan approval. Lake sideslopes must conform to the requirements of Section 3.5 of the Land Development Code. E. This project developer must obtain an Environmental Resource Permit from the South Florida Water Management District prior to Site Development Plan approval. F. The project developer shall evaluate off-site flows coming onto the property from adjacent properties and analyze them to ensure that there is sufficient capacity in the proposed perimeter bypass swale system without causing flooding or causing adverse surface water conditions to adjacent property owners. This information shall be provided at the time of construction plan review. G. The PUD amendment, if approved, shall contain a statement to the effect that the perimeter bypass swale system shall be placed within a drainage easement dedicated to Collier County, with no responsibility for maintenance, and that the responsible entity for the Lands End Preserve PUD shall maintain the perimeter bypass swale system free of buildings, fences, trees, shrubs, and any other obstructions to free flow discharge, including dense vegetation. The bypass F:1PUD Documents\Lands End2.doc 12/10/2002 6-3 perimeter swale shall be inspected monthly, between the months of June and November, to ensure the system is capable of working and a permanent record maintained showing, at a minimum, the name of the person performing the inspection, their position of authority for the Lands End Preserve PUD, and the conditions observed. 6.6 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. 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 Planning Services Staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above-mentioned plan. 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. D. The Lands End PUD 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 Planning Services Staff for review and approval prior to final site plan/construction plan approval. E. The Developer shall retain a minimum 50' wide strip of existing vegetation along the Barefoot Williams Road frontage until such time that the permanent landscape buffer is constructed. Canopy trees as required by the Land Development Code with the permanent landscape buffer shall be a minimum of 14' in height at the time of planting, and required shrubs shall be a minimum of 36" in height at the time of planting. F:WUD Documents1Lands End2.doc 1/17/2003 6-4 6.7 TRANSPORTATION A. All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes — Chapter 316 Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes — Chapter 316 Uniform Traffic Control Law. C. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. D. External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. E. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. G. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of nor lack of a future F:1PUD Documents'Lands End2.doc 1/17!2003 6-5 median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s)in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Staff. J. The Developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Staff. K. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. L. All internal access(es), drive aisles and sidewalk(s) not located within the County right-of-way will be privately maintained by an entity created by the Developer(s), its successor(s) in title, or assignee(s). M. If any of the entrances are to be gated, the gates and gatehouse shall be designed and located so as not to cause vehicles to be backed up onto Tower Road or Barefoot Williams Road. N. This project shall provide a "fair-share" contribution toward the signalization costs of the intersections between U.S. 41 and Barefoot Williams Road, and Tower Road and S.R. 951, when any of these intersections are deemed warranted for a traffic signal. Signal warrants shall be determined by Collier County. Such traffic signals shall be owned, operated and maintained by Collier County. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon the percentage of usage/impact. F:1PUD Documents\Lands End2.doc 1/17/2003 6-6 0. Concurrent with construction and prior to the issuance of the first permanent residential certificate of occupancy, the Developer shall reconstruct Tower Road and Barefoot Williams Road from S.R. 951 to the northern boundary of the Land End Preserve property on Barefoot Williams Road. The construction shall be a rural type cross-section with 22 foot pavement widths, 2 foot stabilized shoulders, open drainage and an 8 foot wide multi-purpose pathway on one side of the roadway. P. At the time there are 2,000 average daily trips (ADT) on Barefoot Williams Road north of the subject property line to Price Street as determined in the annual PUD monitoring report at a point approximately 500 feet south of Price Street, this section of Barefoot Williams Road shall be improved. This improvement shall increase the pavement width to 22 feet, construct 2 foot stabilized shoulders, resurface the pavement with 3/4 -inch type S-3 asphalt, restripe the new surface and construct an 8 foot wide multi-purpose pathway on one side of the roadway to match the previously constructed 8 foot wide multipurpose pathway on Barefoot Williams Road. Q. At the time there are 900 average daily trips (ADT) on Price Street from the existing entrance to the Shops at Eagle Creek Shopping Center to Barefoot Williams Road as determined in the annual PUD monitoring report at a point approximately 500 feet east of Barefoot Williams Road or a maximum of 400 dwelling units constructed within the Lands End Preserve PUD, whichever occurs earlier, this roadway section of Price Street shall be improved by increasing the pavement width to 22 feet, providing 2 foot stabilized shoulders, and adding 5 foot bike lanes on each side. F:1PUD Documents\Lands End2.doc 1/17/2003 t O tzWz IX p i 1 Z� <W ON 4 �F t.1� �U> R¢ Y 4 r f n os• :r i ..... tug vi i g S � " � f ft 1 ,T Kg of ,.0,4 i i I iii; / 101 ill h . • • • . • . . \s‘ , - , , , „ , : ... ....,N • • p ir ,-....._-__....,..., x4, ,, ! g ,.. lit ,, .. ..... .., .... ....... , \- 3w i , ``/ \ si i 111 9Iz �I� • � I :'..'j W8 ct I I ' // a �/ 8 i\l\ W a/� •.0:. • I i I' Pl_____ • •y< • •V //\\.. U: 4•p • ( I IS\ , • • •\`\\ \\\•••• / • • • - /- _ ( � . It IS • r/ , 1'1 :I i jI • ±\ / /lug• \ ___ d ■ f f f IIifL . I'I!'i 1! P 1 il5 t, Iii ii N f�. tal . A?� a 71 z 3 P.0 r- rn x m`1 -r)STATE OF FLORIDA) „I z rn cv' .r COUNTY OF COLLIER) o to) nrn 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. 2003-04 Which was adopted by the Board of County Commissioners on the 14th day of January, 2003 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of January, 2003 . DWIGHT E. BRO r',9•y . Clerk of Cour -arid .CL k Ex-officio ,o ard.'4 f County Comminers .,- . >- ,.' s, '� l 1, � Q•By: Patricia'•L '�."6ciri'arf , Deputy Clerk ,...� HEX NO.2014—09 HEARING EXAMINER DECISION PETITION NO. PDI-PL20130002079—Artesia Naples (Master)ASLI VI,L.L.L.P., Artesia Naples (Village Homes East) ASLI VI, L.L.L.P., and Artesia Naples (Mansions North) ASLI VI, L.L.L.P, are requesting an insubstantial change to the Lands End Preserve Planned Unit Development (PUD), Ordinance No. 2003-04, to modify development commitments relating to off-site transportation improvements, to provide for additional off-premises directional signage, and to amend the PUD Master Plan to reflect a change in location and reconfiguration of the Recreation Center (RC). The subject property is located on the west side of Barefoot Williams Road, north of Tower Road, and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County,Florida consisting of 262.9±Acres. DATE OF HEARING: April 10, 2014. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: This hearing was continued from a prior date in order for the applicant to provide additional information to demonstrate that the various amenities committed at the Neighborhood Information Meeting could be developed within the reduced upland acreage requested for the Recreation Center (RC) tract. Previously, the PUD Master Plan under Ordinance 2003-04 depicted the RC tract as approximately 12 acres of land area. Subsequent to that PUD approval, a staff Zoning Verification Letter(ZVL) (see attached Exhibit"2") was issued reducing the upland area for the RC tract from approximately 12 acres to approximately 3 acres, and changing the remainder of the RC tract(approximately 8 acres) from land area to lake area. This ZVL was not previously challenged and therefore is effective. Nonetheless, the applicant decided to include the RC uplands reduction as part of this PUD insubstantial change process. As a result of the additional time granted by the continuance, the applicant was able to demonstrate that the reduced acreage can support the required recreational components (see attached Exhibit"4"). The reduction in the RC tract land acreage is warranted due to changes within the overall design of this PUD. Originally a golf course component was included, and with that component the need for a larger amenity center was more relevant. The applicant indicated they will not be I of 3 building a golf course (see Overall Site Plan attached as Exhibit "3") and therefore the larger land acreage for a golf amenity center is no longer necessary. In addition to the change in the RC tract on the PUD Master Plan, this application included three other changes. One change was for a sign deviation to permit an off-premises directional sign. A sign was previously planned in the off-site location, but at a time when the LDC language was less restrictive. With the passage of time, the prior location does not currently meet the LDC requirements for off-premises directional signs and therefore the applicant requested a deviation under the Signage section of the PUD document. The off-site location is owned by an entity other than the applicant and the applicant is required to have an agreement with the property owner for a sign at the off-site location. The other two changes relate to two traffic conditions within the Development Commitments section of the PUD document. Due to the timing of those commitments, neither is currently warranted as originally written. Transportation staff has recommended revisions to those commitments to include changes in the timing and construction of the improvements to better coincide with conditions that exist today. No members of the public spoke in opposition or in favor of this application. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20130002079, filed by D. Wayne Arnold of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., representing Artesia Naples (Master) ASLI VI, L.L.L.P., Artesia Naples (Village Homes East) ASLI VI, L.L.L.P., and Artesia Naples (Mansions North) ASLI VI, L.L.L.P., with respect to the property as described in the Lands End Preserve PUD, Ordinance No. 03-04, for the following insubstantial changes: • to modify development commitments relating to transportation improvements, by amending Section VI, General Development Commitments, subsection 6.7, Transportation; • to provide a deviation for an off-premises directional sign by amending Section 2.16, Signage; and • to revise the size and location of the Recreation Center (RC) tract by amending the PUD Master Plan. Said changes are fully described in the Lands End Preserve PUD amendment attached as Exhibit "1", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit 1 —PUD Amendment Exhibit 2—Zoning Verification Letter dated September 12,2013 Exhibit 3 —Overall Site Plan Exhibit 4—Amenity Center Site Plan(for illustration only) LEGAL DESCRIPTION: See Ordinance No. 03-04, the Lands End Preserve PUD. 2 of 3 CONDITIONS: 1. The Recreation Center tract, as depicted on the PUD Master Plan, will be a minimum of 3 upland acres and shall include, but not be limited to, the following: a clubhouse, a multi- purpose court component, and a resort style pool. 2. The clubhouse in the Recreation Center area will be open by December 31, 2016. Building permits will not be issued after that date if the clubhouse has failed to obtain a certificate of occupancy. 3. A portion of the adjoining lake (minimum of 8 acres) within the Recreation Center tract will be available for use by residents for fishing, remote control boating and other uses consistent with recreational uses. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF' COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. +�- 11 - 2p 1LI Gw PidiAt Date Ma Strain, Hearing Examiner Appro ed as to fo and legality: Scott A. Stone Assistant County Attorney 13-CPS-01282/43 3 of 3 Exhibit "1" Page 1 of 5 Lands End Preserve PUD Amend Ordinance Number 03-04 AMENDMENTS TO PROJECT DEVELOPMENT SECTION II OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 03-04, THE LANDS END PRESERVE PUD Section II, entitled "Project Development" of the PUD Document attached to Ordinance Number 03-04,the Lands End Preserve PUD, is hereby amended to add as follows: 2.16 SIGNAGE A. GENERAL All signs will be in accordance with Division 2.5 of the Collier County Land Development Code except in the following instances. 1. Deviation#1 -Two ground or wall entrance signs are allowed at the entrance to each individual residential tract shown on Exhibit"A"and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet. These signs shall not contain more than the project name of the individual tract,the main project name, and the insignia or motto of the project. Said signs are to be located so that they are visible only internal to the Lands End Preserve PUD. 2. Deviation #2 - Two ground signs fronting on Barefoot Williams Road, one north and one south of the main project entrance, shall be allowed in addition to other signage allowed by Division 2.5, of the Land Development Code. Each of these permitted signs shall be limited to 120 square feet in area; supplemented with significant landscaping; contain only the main project name and insignia or motto of the entire development; and be architecturally compatible with landscaped buffer along Barefoot Williams Road and the common architectural theme of the entire project. 3. Deviation #3 seeks relief from LDC Section 5.06.04G, Off-premises Directional Signs, which permits off-premises directional signage where located within 1,000 feet of the property to be identified, to allow one off- premises directional sign, limited in size to 32 square feet and a height of 8 feet, subject to owner's permission or grant of easement. The sign is to be located approximately 3,200 feet from the subject property, at or near the intersection of Collier Boulevard and Tower Road as shown on the Legal Description and Sketch(Drawing: B-3172)attached hereto as Exhibit`B". Exhibit "1" Page 2 of 5 EXHIBIT"B"g• L414 'N-g8 h 28.1.'� 3A� � �C 4v2 a trj¢ 4 4y. Q N, 1 �1 ,E s,° ; yh� W y, 4 1 tU a.Vl �S • .`, ,. itl,a44 Wip Uri l.�C, pVW1q �{U�34.y 2 v4f r�� 1`y i: w y :r� �1 O§C� 3`NWZ•224 v..... O `i Jjok'� ok'O��Aw -� 8§T2W 4 w1 § , 4C�t, �m 1—, ,..— ,, ,� L^�'`2 . '^ r�to °h 4 U V ahy� 3j QtiN„, oc +4 �' v n 44N UWwu 0g56. 4kik ti a • Pl :42 O U D QC ax ,S:.•'S'... t:. :-. a' Pi Roo qa CkIVA.77R09 r c43 i. 4- (5/SVB oN)HV38) 3"61,L& O N ' r 77 . eezz ,91e9 l\\ I ti g O C r, • w li ` htr � � h o 4 \\ R8 ..3.. U �� - , 's i„.r w ? 5 - 2 vav`:r Cry h Q- ,,Jnti 4 nl L h 1 ■ i .IN \ 1 ie$888 i \ W `-'i..:4'Z Exhibit "1" Page 3 of 5 AMENDMENTS TO GENERAL DEVELOPMENT COMMITMENTS SECTION VI OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 03-04, THE LANDS END PRESERVE PUD Section VI, entitled "General Development Commitments" of the PUD Document attached to Ordinance Number 03-04, the Lands End Preserve PUD, is hereby amended as follows: 6.7 TRANSPORTATION of Barefoot Williams RoadPrior to the issuance .of the 400th Certificate of Occupancy for residential dwellings within the project, Barefoot Williams Road north of the subject property line to Price Street shall be improved by owner at no cost to County. This improvement shall increase the pave-- - . . -- - • -= • = • -o .o• :- , - . : -add a 2 foot wide paved shoulder on the east side of the existing road and add a 2 foot wide stabilized, but unpaved, shoulder on the west side of the road. tThe pavementroad shall be resurfaced with 3/4-inch type S-3 asphalt, restripe the new surface shall be restriped and construct an 8 foot wide multi-purpose pathway shall be constructed on enethe west side of the roadway to match the previously constructed 8 foot wide multipurpose pathway on Barefoot Williams Road. This improvement is site related to the project and not eligible for impact fee credits. Q. At the time there are 1802,000 average daily trips (ADT) on Price Street from the existing entrance to the Shops at Eagle Creek Shopping Center to Barefoot Williams Road as determined in the annual PUD monitoring report at a point approximately 500 feet east of Barefoot Williams Road, or a maximum of 400 dwelling units constructed within the Lands End Preserve PUD, whichever occurs earlier, thise roadway section of Price Street from Barefoot Williams Road to the entrance of the Shops at Eagle Creek Shopping Center, shall be improved by owner increasing the pavement width to 22 feet, providing 2 foot stabilized shoulders, and adding a 5 foot wide sidewalk on the south side of the road in accordance with the LDC. bike lanes on each side. Exhibit "1" Page 4 of 5 AMENDMENTS TO EXHIBIT A OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO.03-04, THE LANDS END PRESERVE PUD The "PUD Master Plan," labeled Exhibit A of the PUD Document attached to Ordinance No. 03-04, the Lands Ends Preserve PUD, is hereby deleted in its entirety and replaced with Exhibit A, attached hereto and incorporated by reference herein. Exhibit "1 Wi,.t,« ---- ---. „t.,--3-Page- — Ili li B z-- R $� �s °z w 0W 4 p VVg Q S us 1,12 cig W N(1 S.- � = � 4 -------155-1";";-='":"r==. --- 11 iV111 LiT a s _ _ + ; _- W / \ J 4J1 ..e>1 q ° , ! .= iiii Ill / /,//2//- / tit Iji 1 1 AI -.... -..,...--. , L7 1 PI \\//4 I: q o • g 6 o g ��''77 i 1 ``` ` !i U " i .cg d \ 1 \ L....'\ I '"DOa \ -- y� Ired �y I 1 t �--' j Q Q o ( i 3 __ 1 ,>�o 9 it (7g IR r '� 1 f•� l'gtW'N ®OSt � w .•:',':'D-.',•:','.•:''El,3'' ig :.:- / / , 1 .-ce e r fn I Z•la . • 1 , I•:�i. ! W. W �i R 0'1945 rn // V :4' a ib-z' Rd , ailogR8c, 0-1-4 A7 00 R;041:;! 1 At A $41 a92,3 '°131° W Exhibit "2" Page 1 of 2 Co - e-rO�rz-Hty Growth Management Division Planning & Zoning September 12, 2013 D. Wayne Arnold, AICP Q. Grady Minor &Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Zoning Verification Letter ZLTR-PL-20130001833; Land's End Preserve, 1388 Barefoot Williams Road, Collier County, Florida, Folio Number 22435000022 Dear Mr. Arnold: Thank you for your request for Zoning Verification. You requested verification of the statements listed below in bold print, which are followed by staff's responses. The subject site is zoned Planned Unit Development(Lands End Preserve PUD). The new sunset date for the PUD is May 12, 2016. On September 10, 2013, the Board of County Commissioners extended the Tolling date for PUDs to May 12, 2014. Because of this action, the new sunset date of the Lands End Preserve is May 12, 2016. Submitting a new PSP with the Recreation Tract consisting of approximately 3 acres of uplands and approximately 8 acres of the recreational lake and located consistent with that previously approved, can be approved administratively by staff without the need to amend the PUD Master Plan. The PUD Master Plan indicates that the Recreation Center will consist of approximately 12 acres (on the Site Summary) and 11.61 acres (on the Master Plan itself). In addition, Section 4.2 of the PUD states "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...". Because of the language above, it is the opinion of the Zoning Manager that any change in the acreage of the Recreation Center can be approved administratively and does not require an amendment to the PUD Master Plan. Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Planning&Zoning Department•2800 North Horseshoe Drive o Naples,FL 34104•239-252-2400•www.colliergov.net Exhibit "2" Page 2 of 2 Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl @colliergov.net. Researched and prepared by: Reviewed by: Fred Reischl, AICP, Senior Planner Raymond V. 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Hill s • 0.:.:'''''..'.; ...'';-,...g-L..,. .V.P.1*'='''...1'21'. ........;'.:4,.. ,:-..... 51k 111 111111 1 Illg EA ,-- 111111 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 Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDT-P 20140002735-Lands End Presery UD 4 / M ✓0, 3800 Via Del Rey 'A f• OF APPLICANT 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 COLLIER The foregoing instrument was sworn to and subscribed before me this 20th day of January , 20015 , by Sharon Umpenhour , personally known to me or who produced as identification and who did/did not take an oath. JOANNE JANES (Si_ ture of No . ' • c * _ * MY COMMISSION 0 FF 090820 na" EXPIRES:March 14.2018 Joanne Janes 'f/e, ,* Bonded Tlw Budget Notary Senices Printed Name of Notary Public My Commission Expires: (Stamp with serial number) F:1Website\AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05.doc , i.MORtaV:Era:31. t ... PUBLIC HEARING NEOUES'f NO AN INSUBSTANTIAL WALK NEARiNO RFg11EAt3NG aN iNSUR5TaN3IA1 CHANGE TOA PLANNED t.4 517 OEVELOPNENT(PUOI ` ` ,:'V 014.0411/0 ING{10W UM1T BAN INOPNAN71PSL3 1 V(=r.,. PU�7117101111135 10N10 IOU 1131101 A.* 9171019110 017•101107007711�y OM I U 00 1000 ...V OM w.am..0 Mrv.ar xa sM ■erwurawu••.• gian/rwv sc+.r.xwr r,...(4010 ./+ea.,.. 1 , r—.. 1 xT v. �" , $'PUBLIC HEARING REQUESTING AN INSUBSTANTIAL ! CHANGE TO A PLANNED UNIT DEVELOPMENT(PUD) °• P11711000. P01-19.20140002130 IAMOS 111 PRESERVE RPUO Y,. N,.mut R tour,or W. 0 w RA1 - pi w .LM ItS as lin MYIY.SB3 1axin . as rat aMU of lrr.S.rrrt trr-ri pO NN Mr a>won swarm r u?. .wHLL 11.19101011-10.1111.19101011-111.19101011-10.11979•9091177 a RYA 10101011199110 1111197.019 • 40'91110917111101001110110071900 00017097 A N 1111 90 la 01111140.111 1MI 101199111911111911117 91.799 MI mMir 0113/010 •7 K0 Marla 111091017 00119910 4170 91101041 .1101 l 01171101/11 1114*9A N WT..W t 4MB9 MN.14911 or 11111• ,A,aer rm.91010..ran 43 Set III 0*NO 1*4 Y 0011740.01i 513tf0 AP OR0K0/.K40(1 amlr.OW*1311+ kt H N Nv 1•ty r.Yu;t0*3 UO*0it,'a.310 1,191/11.111 Y 111131 1, ..rr}1r511N 3tl#0'R I es 4 A EXHIBIT ,} i3 TLL. 26A )) Friday,January 23,2015 )) NAPLES DAILY NEWS ljz( l5 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 12, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: PETITION NO. PDI-PL20140002735 - WCI Communities, LLC is requesting an insubstantial change to Ordinance No. 03-04, as amended, the Lands End Preserve Planned Unit Development, to add a deviation from LDC Section 4.02.04.D to allow windows and doors on the zero lot line side yard of residential dwelling units where there is a minimum separation of 10 feet from the principal structure on the adjacent property; and to amend the Development Standards for Residential Areas by reducing the minimum side yard setback from 12 feet to 10 feet for the non-zero yard side of zero lot line homes, and from 6 feet to 5 feet for all other single- and two-family detached homes. The subject property is located on the west side of Barefoot Williams Road, north of Tower Road and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East,Collier County, Florida,consisting of 262.9±acres. 3WENTWORTH ESTATES 32 `� < 34 �e0 0 VICTORIA GALLS EALLIN WA CH ESp T 6 5 WESTATES 4 ' PROJECT AR ESA, VANE LOCATION ■%I- p∎ -� NAPLES CONCE . RIVERBEND AS ^ 8 9 X m 10 ES ASG4 NOI Cm.OR NSINESSAPLES SILVER LANES All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231123926 January 23.2015 From: StrainMark To: "Anderson.Bruce" Cc: GundlachNancy Subject: RE:Continuance Sabal Bay PDI: HEX Hearing Date: Wednesday,February 11,2015 3:19:00 PM I spoke to Nancy and we are not aware of any members of the public who may attend this meeting. Your attendance is not necessary to continue this item and it will be continued based on your email. Should a member of the public feel it is necessary to speak on your application, a copy of the transcript will be available to you. Thank you. 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: Anderson, Bruce [mailto:BAnderson @ralaw.com] Sent: Wednesday, February 11, 2015 2:47 PM To: StrainMark; GundlachNancy Cc: Pat Utter(putter @collierenterprises.com); Burt L. Saunders(burt.saunders @gray-robinson.com); Norman Trebilcock Subject: Continuance Sabal Bay PDI: HEX Hearing Nancy and Mark, This email is to simply confirm that the above-referenced item will be continued at tomorrow's HEX hearing until March 12, 2015. I will not plan to attend tomorrow unless requested by Mark. Thank you, Bruce R. Bruce Anderson 0 ROETZEL Roetzel & Andress, L.P.A. 850 Park Shore Drive Naples, Florida 34103 Telephone 239 649 2708 Facsimile 239 261 3659 E-Mail I Biography I V-Card I Website 3oth ft ft ,.v .`,,t,r,,;nu and Roctzcl & Andress intend m. ��ecr,1 Ihi, message mays contain inf«rmatiou than ,•- disclosure under applicable law. Unauthorized disclosure or use ut'thi. inlbrmatiun i<strictly- prohibited. on has c received this communication in error,please petmanciabt dispose or the original ar ssaee and nolith R. Itruce r-lnder;on immediately at(2:u))649-2708.Thant.von.