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CCPC Agenda 04/16/2015
COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA APRIL 16, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, APRIL 16, 2015, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — March 19, 2015 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDA- PL20140000100: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000 -10, the San Marino Planned Unit Development, by increasing the maximum dwelling units from 352 to 650; by removing the Golf Course Uses; by establishing two Development Parcels as Parcel A and Parcel B; by adding Permitted Uses for Parcel B; by adding Development Standards for Parcel B; by adding Deviations; by revising the Master Plan; by revising Developer Commitments for the PUD located on the east side of CR 951 approximately 1.5 miles south of Davis Boulevard in Section 11, Township 50 South, Range 26 East, Collier County Florida consisting of 235± acres; and by providing an effective date. (Companion to CP -2014- 2/PL20140000113) [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 1 9. ADVERTISED PUBLIC HEARINGS Note this item has been continued from February 19, 2015 CCPC meeting, then again from the March 19, 2015 CCPC meeting. During this meeting the CCPC will discuss to reschedule this item to another meeting: A. PUDA- PL20120001128: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92 -23, the Wilson Professional Center Planned Unit Development P( UD) , as amended, by amending Section IV, Permitted Uses and Standards to add a 150 -foot monopine communications tower and related facilities as a permitted use, to increase the maximum height for the communications tower to 150 feet and add setbacks for the communications tower for the PUD property located at the southwest corner of Airport - Pulling Road and Bailey Lane in Section 23, Township 49 South, Range 25 East, Collier County, Florida; and by providing an effective date. [Coordinator: Fred Reischl, AICP] Note: This item has been continued from the Apri12, 2015 CCPC meeting: B. PUDZ- PL20140001179: An Ordinance of the Board of County Commissioners amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Estates (E) zoning district to a Residential Planned Unit Development (RPUD) zoning district to be known as the Avalon of Naples RPUD to allow a maximum of 160 multi - family residential dwelling units, or 82 single - family residential dwelling units. The subject property, consisting of 22.83± acres, is located in the southeast quadrant of the intersection of Davis Boulevard (SR 84) and County Barn Road in Section 8, Township 50 South, Range 26 East, Collier County, Florida, and by providing an effective date. [Coordinator: Mike Sawyer, Project Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows /jmp 2 AGENDA ITEM &A Co er Cakrrty MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES SECTION HEARING DATE: APRIL 16, 2015 SUBJECT: PUDA- PL20140000100, SAN MARINO RPUD (Consent Agenda) The Collier County Planning Commission (CCPC) heard PUDA- PL20140000100, San Marino RPUD land use petition at its April 2, 2015 hearing. The CCPC approved the petition 4 -0 subject to the following stipulations: The applicant's modified and highlighted language shall be accepted subject to the CCPC comments that were made at meeting. See attached PUD Document dated April 6, 2015. 2. The process for acknowledging contact with the northern property owner regarding interconnection shall be documented in the PUD document. See new Section 5.5 C. of the attached PUD Document. The major entry road may have a 6 -foot wide sidewalk along one side of the road. See new Section VI item number 2 of the attached PUD Document. 4. The Staff recommendations contained in the Staff Report shall not be supported (due to changes as noted in these stipulations and elimination of the Deviation for the additional real estate sign). So noted. 5. PUD Section 2.7 shall be deleted. See strike thru of old Section 2.7 of the attached PUD Document. 6. The language regarding carports and utility buildings as accessory uses in Parcel B shall be removed from the PUD Document. See new Section 3.3 D.1. of the attached PUD Document. 7. The PUD boundary setback shall be 15 feet. See new Section 3.4 E. of the attached PUD Document. Page 1 of 2 PUDA- PL20140000100, SAN MARINO RPUD April 6, 2015 8. The PUD boundary setback for recreational uses shall be 100 feet. See new Section 3.3 E. of the attached PUD Document. 9. PUD Section 4.2.A.5 shall not be deleted and shall remain. See Section 4.2 A. 5. of the attached PUD Document. 10. PUD Sections 5.4.A, B, and C shall be deleted. See strike thru of new Section 5.4 A. B. and C. of the attached PUD Document. 11. The landscape buffers shall be noted on the Master Plan and shall be noted in the Deviation for clarity. See Exhibit B, "Parcel B Master Plan" and Section VI item 8 of the attached PUD Document, 12. The Master Plan shall be revised to show a minimum 50 -foot wide preserve extending along the eastern property line so as to match the northern limit of the lake in the adjacent Willow Run PUD. See Exhibit B, "Parcel B Master Plan. " All of the above Conditions have been incorporated into the PUD Exhibits. Please refer to the attached documents: Revised "San Marino Residential Planned Unit Development," strike thru and underline document. END OF MEMORANDUM Page 2 of 2 PUDA- PL20140000100, SAN MARINO RPUD April 6, 2015 SAN MARINO RESIDENTIAL A- PLANNED UNIT DEVELOPMENT PREPARED FOR: j, MES D. VOGEL H & LD VENTURE, LLC LAW O,FFIC£-9 TRAIL 1145 TAMIAMI TRAIL EAST 21 11 T€-B NAPLES, FL 34103 34113 PREPARED BY: RVVA, 1 WALDROP ENGINEERING, P.A. 3060 NORTH HORSESHOE DRIVE, SWITE 27028100 BONITA GRANDE DR., SUITE 305 NAPLES, FI 24- 4 BONITA SPRINGS FL 34135 RICHARD D. YOVANOVICH GQO;)I=€-f��o0L SON on COLEMAN. YOVANOVICH & KOESTER, P_A 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 ■■ 11 NMI mm-raffik's ■ PUDA -PL -2014 -0100 Strike - through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 1 of 33 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL /GOLF COURSE AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS SECTION VI DEVIATIONS FROM THE LDC PUDA -PL- 2014 -0100 ice- through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 PAGE +2 43 44 26 610 813 4-320 4422 0 Page 2 of 33 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN PER CCPC RESOLUTION 01 -27 EXHIBIT B LEGAL IDEG�TIONPARCEL B PUD MASTER PLAN EXHIBIT C LEGAL DESCRIPTION PUDA -PL- 2014 -0100 Str4ke thFough text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 3 of 33 STATEMENT OF COMPLIANCE The development of approximately 235.3 + /- acres of property in Collier County, as a Residential Planned Unit Development to be known as the San Marino RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential uses and golf course facilities of the San Marino RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict Mixed Use DiStFiGt Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Objective 2 °^li^i°g- 2 u and 3 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. The 352 650 residential units on 235.3 acres will yield a projected density of 1.496 3.02 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 1.5 dwelling units /acre roiect Acreage _ 235.3 acres Maximum Permitted Density 1.5 dwelling units /acre Maximum Permitted Base Unit Count 352 dwelling units Bonus (TDR) Density 1.52 dwelling units /acre Parcel B Acreage 196.4 acres Maximum Permitted Bonus (TDR) Density 1.52 dwelling units /acre Maximum Permitted Bonus (TDR) Unit Count 298 dwelling units PUDA -PL- 2014 -0100 Sk4ke thFeugh text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 4 of 33 8. All final local development orders for this project are subject to Diyisi^^ 23.1 Section 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. PUDA -PL- 2014 -0100 Strike -t 4 text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 5 of 33 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of San Marino RPUD. 2LEGAL DESCRIPTION The subject property being 235.3 + /- acres, and located in Section 11, Township 50 South, and Range 26 East, and is fully described on Exhibit "BC ". 1.3PROPERTY OWNERSHIP The subject property is owned by: Property ID #: 00410760008 Aventine of Nagles�LLC 960 Me„dew Lark Ave. 1427 Clarkview Road, Suite 500 Miami SPF*RgS, FleFida 33166 Baltimore, MD 21209 ._ licaRIST.-MATAxE T! 9. -77.T.T- 1aM 3W.'i .. Property ID #: 00410640005 Andrew j Saluan Tr„ H & LD Venture, LLC PUDA -PL- 2014 -0100 Strike -through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 6 of 33 4 173 ri,.r e6tin veR a 11145 Tamiami Trail E. Naples, Florida 34104 34113 Property ID #: 00410840009 Clyde C. Quinby, H & LD Venture. LLC 3795 AiFpE)Ft PUlIiRg Read 11145 Tamiami Trail E. Naples, Florida 34105 34113 Property ID #: 00410880001 Clyde G. Quinby, Trustee H & LD Venture, LLC 3785 Affirport Pulling Road NeFth 11145 Tamiami Trail E. Naples, Florida34113 Property ID #: 00411240006 GIWI Q n ,,Trustee H_ & LD Venture. LLC 11145 Tamiami Trail E. Naples, Florida 34105 34113 Property ID #: 00411320007 Andrew j. Saluan, TFw H & LID Venture, LLC 4173 Qemestir-,AvRepluite; 11145 Tamiami Trail E. Naples, Florida 34104 34113 Property ID #: 00411440000 Andrew j. Saluan, T-Fu H & LID Venture, LLC 11145 Tamiami Trail E. Naples, Florida 34194 34113 Maria V. Bonv;e H & LID Venture, LLC 11145 Tamiami Trail E. Fort MyeFs, Florida 3391-9 Naples. Florida 34113 Property I D #: 00410960002 ter, -=i H & LID Venture. LLC 11145 Tamiami Trail E. Naples,-Florid-a-3-4-1-13 • , MON. as, . • - . . . we ■�• , • Property I D #: 00411200004 T. MateRey H & LID Venture, LLC P.O. Box 8342 11145 Tamiami Trail E. PUDA -PL- 2014 -0100 Str&e through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 7 of 33 Naples, Florida 34101 34113 •.. IMIUM-- M.M. Cot FATC 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the east side of County Road 951 approximately one and one -half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. B. The entire project site currently has (ST) Overlay and is pFepGsed to be Fezoned 49 Planned Unit Development (PUD) Zoe. 1.5 PHYSICAL DESCRIPTION Generally the undeveloped site vegetation consists of pine and pine /cypress forest with varying degrees of exotic coverage. vegetation. Re. The site has beeerne avergFewn with eXE)tiG State jurisdictional wetlands are located within the site boundaries. Listed Ian species including butterfly orchid (Encyclia tamnensis) and hand fern (Ophioalossum almatum ) have -riot be were observed on the property. The project site is located within the County Road 951 /Henderson Creek Canal Drainage Basin. Stormwater runoff from the site historically sheet flows south and west to the existing County Road 951 /Henderson Creek Canal, which runs parallel to County Road 951 on the east side of the road. Once storm water enters the canal, it is routed to the south ultimately discharging into Rookery Bay. Elevations within the project range from lows of 9.0 National Geodetic Vertical Datum (NGVD) within man -made drainage ditches to 12.5 NGVD in the spoil pile created by the construction of the County Road 951 /Henderson Creek Canal. Natural grades range from 9.0 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone X" with no base flood elevation designated. PUDA -PL- 2014 -0100 Str4ke th eagh text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 8 of 33 According to the Collier County Soil Legend, dated January, 1990, there are four (4) types of soils found within the limits of the property: Chobee, limestone substratum and Dania Mucks depressional Hallandale fine sand Pinede fine sand, limestone substratum Boca fine sand 1.6 PROJECT DESCRIPTION The San Marino -RPUD is comprised of - two C2) se ap._ rate development parcels delineated on the PUD Master Plan as Parcels "A" and "B ". Parcel "A" is approximately 39 acres and is built -out with 350 multi - family dwelling snits accessory recreational facilities. supportive infrastructure, and preserve. Parcel "B" is approximately 196.4 acres and will develop as a residential community with a maximum of 300 dwelling units. family residential housing p ' Pt With A maximum of three hundFed fifty two (352) tpri thnt An ;Mt%rn;;ftzd 1;; d use breakdown of the site would be as- follows- 15 aGFer, (6 of site) a6 lakes 103 nnreo (44% of site) as pFe6erves 96 aGre ( 10,site) as-- golf - couFse developmellt, ' and 21 "Gres ( @% of site) — civrco �� -.�nz a uses, residential development. Rer--reational fa6lktees will be provided iR GORjURG-tiOR I.A.4th the dwelling URAtS. Residential Iand uses, FeeFeatiGRal and designed to be very haFFAORiOUS with GRe aRQtheF iR a natural GettiRg by using �Nhenever feasible 1.7 SHORT TITLE This ordinance shall be known and cited as the "San Marino Residential Planned Unit Development Ordinance ". PUDA -PL- 2014 -0100 SWke -t#r 'h text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 9 of 33 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the San Marino RPUD shall be in accordance with the contents of this document, RPUD Residential Planned Unit Development and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the Land Development Code Shall apply, B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the San Marino RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this RPUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.01, Adequate Public Facilities of the Collier County Land Development Code. This review will occur at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat and Construction Plan approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF THE PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 352 650 dwelling units shall be constructed in the residential areas of the project area. The gross project area is 235.3 acres. The gross project density shall be a PUDA -PL- 2014 -0100 &4ke -theme text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 10 of 33 maximum of 1.496 1.55 units per acre of base density (352 dwelling units). and 1.52 units per acre (298 dwelling units) via TDRs. The 1.52 units per acre via TDRs is applicable to Parcel B only. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses is illustrated graphically on Exhibit "A" PUD Master Plan and Exhibit B, `"'hiGh GGRstit rtes the required R ID DevelepMeR� RUR. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Di„,�.2 Section 10.02.04 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of O+v+s+eR 3.3 Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said 9iv+6+efl -3.3 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of the proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2- 6-33 4 5.04.04 of the Collier County Land Development Code. except where a deviation is permitted in Section IV of this PUD Document. B. Temporary sales trailers and construction trailers can be placed on the RPUD site after Subdivision Plan or Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 5.04.03 of the Land Development Code. PUDA -PL- 2014 -0100 text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 11 of 33 ._ .� PUDA -PL- 2014 -0100 text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 11 of 33 NO oil' 2.97 OFF - STREET PARKING AND LOADING REQUIREMENTS As required by Diyisien 2.3 Section 4.05.04 of the Land Development Code in effect at the time of building permit application. 2.98 OPEN SPACE REQUIREMENTS A minimum of sixty percent (60 %) open space, as described in Section 2- 66.32 4.07.02 of the Land Development Code. 2.4-09 LANDSCAPING AND BUFFERING REQUIREMENTS As Fequil:ed within Divismen 2.4 ef the Collier County I=ai;d Development code, exGept Where preserves are used to satisfy buffer requirements, they may be supplemented with native veaetation where existina native veaetation in the preserve does not provide adequate buffers. If landscape buffers are determined to be necessary adjacent to conservation areas, they shall be separate from conservation areas. 2.4-40 ARCHITECTURAL STANDARDS All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified within each Parcel. Said unified architectural theme shall include: a similar architectural design and use of similar materials and light colors throughout all of the buildings, signs, and fences /walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. Parcels "A" and "B" are not required to be architecturally and aesthetically unified. 2.121 SIGN STANDARDS Signs shall be permitted as allowed within O+v+s+eR 2.5 Section 5.06.02 of the Collier County Land Development Code except where a deviation is permitted in Section IV of this PUD Document. PUDA -PL- 2014 -0100 Stoke h text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 12 of 33 SECTION III RESIDENTIALIGOLF COURSE AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify speck development standards for the Residential/Golf Course Areas as shown on Exhibit "A ", PUD Master Plan and Exhibi# "B ". Parcel B PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 3-52 650 nits. A maximum of 350 dwellina units are permitted within Parcel "A ", and a maximum of 300 dwelling units are permitted within Parcel "B ". 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A Permitted Principal Uses and Structures: 1. Multi- family dwellings. 2. Golf courses. 3. Community centers /clubhouses. 4. Any other principal uses deemed comparable in nature by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code B. PARCEL A Permitted Accessory Uses and Structures: 1. Customary accessory residential uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club /spa, and basketball/shuffle board courts. 3. Managers' residences and offices, rental facilities, and model units. 4. Water management facilities and related structures. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Gatehouse. PUDA -PL- 2014 -0100 &ike -t#mug# text is deleted San Marino RPUD Underfin text is added Last Revised: April 6, 2015 Page 13 of 33 7. Clubhouse, pro -shop, offices, cart storage facility, practice putting greens, driving ranges and other customary accessory uses of golf courses. 8. Child -care facilities for on -site residents and their children. 9. Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10. Any other accessory use deemed compatible by the Develepment Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code LD C. PARCEL B Permitted Residential Principal Uses and Structures: 1. Single family detached dwelling units. 2. Single family zero lot line units 3. Two - family, duplex dwelling units 4. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDCI. D. PARCEL B Permitted Residential Accessory Uses and Structures: 1. Customary accessory uses and structures including garages. 2. Swimming pools, spas. screen enclosures, sheds /structures similar in nature. 3. Open space uses and structures such as, but not limited to. boardwalks. nature trails, bikeways. gazebos. boat and canoe docks, fishing piers picnic areas, fitness trails and shelters. 4. Model homes, model home sales centers, and sales trailers, including offices for project administration, construction, sales and marketing, as well as resale and rental of units. 6. Anv other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals_ pursuant to the process outlined in the Land Development Code Ll DC). E. PARCEL B Permitted General Uses and Structures 1. Community recreation, clubhouse, indoor and outdoor fitness facilities, pool, spa, dining facilities, sport courts, picnic areas, community administration . maintenance buildjngs. recreational amenities and other similar uses designed for use by all residents and guests shall be permitted throughout the PUD, all designed to serve the residents and their guests. PUDA -PL- 2014 -0100 tf* through text is deleted San Marino RPUD Underlin e text is added Last Revised: April 6, 2015 Page 14 of 33 Development Standard- - : Front Yard Setback: 15' Side Yard Setback: 10'. except where adiacent to preserve Rear Yard Setback: 10', except where adiacent to preserve Waterbody Setback: 0' from Lake Maintenance Easement or bulkhead PUD Boundary Setback: 100' for any recreational buildings Residential Tract Setback: 20' *No setback is required adjacent to the FPL easement. Maximum heiaht for Clubhouse(s): Zoned: 50' Actual: 65' Maximum heiaht for other structures: Zoned: 45' Actual: 55' 2. Community structures such as guardhouses, gatehouses, fences, walls. columns, decorative architectural features, streetscape, passive parks. and access control structures shall have no required setback, except as listed below, and are permitted throughout the PUD: however such structures shall be located such that they do not cause vehicular stacking into the road right - of-wav to create site distance issues for motorists and pedestrians. Maximum height for Guardhouses /Gatehouses: Zoned: 30' Actual: 35' Setbacks: PUD Boundary: 10'. except fences or walls shall have no setback, except that which is adequate to provide landscaping on the exterior side of the wall, if required. 3.4 DEVELOPMENT STANDARDS A. Parcel A Minimum Yards: Front yard setbacks shall be measured from the adjacent right -of -way line if the parcel is served by a public or private right -of- way, from the edge of the pavement if the parcel is served by a non - platted drive, or from the road easement or property line if the parcel is served by a platted private drive. Principal Structures: PUDA -PL -2014 -0100 Strike - through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 15 of 33 (a) Yards along County Road 951 Canal Right -of- Way — Seventy -five (75) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures: (b) Yards from all other perimeter PUD boundaries —One half (1/2) the height of the structure but not less than twenty -five (25) feet. (c) Yards from back of curb or edge of vehicular pavement – Fifteen (15) feet. (d) Yards from the Preserve Area — Twenty -five (25) feet. (e) Yards from the lake- Twenty (20) feet (measured from the control elevation for the lake). 2. Accessory Structures: (a) Carports and garages are permitted within parking areas. (b) Yards from the perimeter PUD boundaries- One half (1/2) the height of the structure but not less than fifteen (15) feet. (c) Yards from any principal structures – Ten (10) feet, except for swimming pools and screen enclosures which have none. B. Parcel Distance Between Principal Structures: Between one (1) story and one (1) story structures - One half (1/2) the sum of their heights but not less than`ten (10) feet. 2. Between one (1) story and two (2) story structures - One half (1/2) the sum of their heights but not less than fifteen (15) feet. 3. Between one (1) story and three (3) story structures- One half (1/2) the sum of their heights but not less than twenty (20) feet. 4. Between two (2) story and two (2) story structures- One half (1/2) the sum of their heights but not less than twenty (20) feet. 5. Between two (2) story and three (3) story structures- One half (1/2) the sum of their heights but not less than twenty -five (25) feet. 6. Between three (3) story and three (3) story structures – One half (112) the sum of their heights but not less than thirty (30) feet. C. Parcel A - Minimum Floor Area: 1. One- bedroom residential units – Six hundred (600) square feet. 2. Two - bedroom residential units – Eight hundred (800) square feet. 3. Three - bedroom or larger residential units – One thousand (1000) square feet. PUDA -PL- 2014 -0100 Sb*9 thFou o text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 16 of 33 D. Par - Maximum Height: For principal structures forty (40) feet or three (3) stories, whichever is the most restrictive. ' - \- - 0.11-1 •M-T--M PUDA -PL- 2014 -0100 Strike -thmug r text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 17 of 33 11 1 II 11 • ' - 111 111 11 1/ 1 11..11 • l ! l I -- . � I -- . 1T, rem Wei III - I 11 - 11 - - [fill -- 11 1 •t _ • - wm : 11-. 111-1 • t• ■ - •1 11 1 �- • - •- , • -- -- -- n - -- 1 /<. a .0 ■" �1 PUDA -PL- 2014 -0100 Strike -thmug r text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 17 of 33 E Parcel B Minimum Project Requirements & Design Standards Development in Parcel B must provide the following: 1. Resort-style swimming pool 2. Clubhouse with fitness center 3. Tennis court or bocce Bali court 4. Gated entry 5. Cement or slate tile roof or approved equivalent 6. Concrete pavers at project entrance /exit. PUDA -PL -2014 -0100 St*e through text is deleted ,. San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 19 of 33 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", RPUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A Permitted PFiesipal Uses and Structures 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves_ apd wildlife sanGtUaFie6. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species and may meet the minimum planting criteria set forth in Section 3.9.5.5.4 of the Land Development Code. 6. Any other use deemed comparable in nature by the Deyeiepmer# Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B PARCEL B Permitted Uses and Structures 1. Passive recreational area 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves. 5 Shelters without walls, educational kiosks and viewing platforms. 6. Benches 7 Educational signage and bulletin boards located on or immediately adiacent to the pathway. PUDA -PL- 2014 -0100 Strike -thro text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 20 of 33 8 Any other use deemed comparable in nature by the Board of Zoning Ap peals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). PUDA -PL- 2014 -0100 &4ke - through text is deleted San Marino RPUD Underfin text is added Last Revised: April 6, 2015 Page 21 of 33 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this section is to set forth the commitments for the development of the San Marino Club gPUD. s 5.32 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan approved per Ordinance 2000 -10 and CCPC Resolution 01 -27 illustrates the proposed existin development 'n Pam and Exhibit "B" Parcel B Master Plan illustrates the proposed development in Parcel B and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Se40R 2. Section 10 02.13 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. PUDA -PL- 2014 -0100 S e- thmugh text is deleted San Marino RPUD text is added Last Revised: April 6, 2015 Page 22 of 33 ! - 1 - - 5.32 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan approved per Ordinance 2000 -10 and CCPC Resolution 01 -27 illustrates the proposed existin development 'n Pam and Exhibit "B" Parcel B Master Plan illustrates the proposed development in Parcel B and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Se40R 2. Section 10 02.13 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. PUDA -PL- 2014 -0100 S e- thmugh text is deleted San Marino RPUD text is added Last Revised: April 6, 2015 Page 22 of 33 5.43 SCHEDULE OF nwEi /1DAACNT /PUD MONITORING REPORT One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD. and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD amendment approval dated 20.14 the Manaaina Entity is H & LID Venture, LLC, Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be pro apved for legal sufficiency by the County Attorney. After such approval, the Manaaina Entity will be released of its obligations -upon written approval of the transfer by County staff and the successor entity shall become the Managing Entity, As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's aareement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section When the PUD is closed -out, then the Managing_ Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5.74 UTILITIES PUDA -PL- 2014 -0100 -StF*e a4Feugh text is deleted San Marino RPUD text is added Last Revised: April 6, 2015 Page 23 of 33 .. w A. Prior to its last phase of development. the Owner shall identify_ and provide an interconnection or stub -out to Willow Run PUD for water distribution: plans shall be reviewed and approved by CCWSD at time of SDP or PPL This commitment can be terminated by CCWSD if its staff determines that interconnection at this location is not possible or warranted. 5.85 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. ■ - - - - - - - PUDA -PL- 2014 -0100 Stfike -ihroug# text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 24 of 33 ■ A. Prior to its last phase of development. the Owner shall identify_ and provide an interconnection or stub -out to Willow Run PUD for water distribution: plans shall be reviewed and approved by CCWSD at time of SDP or PPL This commitment can be terminated by CCWSD if its staff determines that interconnection at this location is not possible or warranted. 5.85 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. ■ - - - - - - - PUDA -PL- 2014 -0100 Stfike -ihroug# text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 24 of 33 vehicular interconnection to the agriculturally zoned property to the north may be provided if a mutual agreement is reached with the owners to address coordinated design and responsibility for permitting, construction and maintenance costs, and other applicable access considerations, including any bridge and turn lane improvements. At the time of PPL for the first phase of development the developer must provide staff with documentation of their efforts to establish the interconnection in the form of a certified letter to the adjacent property owner. or other acceptable form of documentation attemptina to coordinate interconne Sidewalks and hinvnle paihc, hr+th RlQRn the GOURRt Read 961_rinht Of and the nrein4 c .mac re . nuirer_by the Q911ler County D. The development shall be limited to a maximum of 493 Two -way unadjusted PM Peak Hour trjps. E. The Owner, its successor, or assign(s) agrees to provide proportionate fair share payment to Collier County for a traffic signal and appurtenances at any project entrance, when and if warranted. F. New driveway connections for the development of Parcel B must align with existing directional medjan opening. approximately 800'+ south of the Northerly property line 5.96 PLANNING A o �rni�nnt t„ cation 2.2.25.8.1ef Land -Dev it -Cede, if If during the course of site clearing, excavation or other construction activity a historic, or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. TDR credits shall be utilized in accordance with the requirements of LDC Section 2.03.07.D.4.a, except for the specific requirements affected by Section VI, LDC Deviation No. 1. C. A maximum of 650 dwelling units are permitted in the RPUD. of which 352 units are derived from the allowable base density and 298 units are derived from TDR credits. All residential density above the base density shall be derived from TDR credits severed and transferred from RFMUD Sending Lands consistent with the provisions of the Collier County Growth Management Plan. D. Commencina with submittal of the first development order that utilizes TDR credits, a TDR calculation sheet shall be submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum PUDA -PL -2014 -0100 &Fi 9 through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 25 of 33 density allowed by the utilization of TDR credits has been reached (all TDR credits allowino residential development reach a zero balance). 5.4-0Z ENVIRONMENTAL rim "M I IRWIN.' W_ RN __ 7000. W ;'o'z le. 0,; !�.Oee. ■_ o: iN �- a� =M : _ - - - - - - - _ - - - MW._ - Mr-IMP.1% XTT - - - A-. A minimum of twenty -five (25) percent of the existing viable naturally functioning native vegetation on -site shall be retained, GellffieF CouRty Land Development The minimum required native vegetation for the PUD is 57.71 acres. PUDA -PL- 2014 -0100 Sttike thr-ough text is deleted San Marino RPUD Underlin e text is added Last Revised: April 6, 2015 Page 26 of 33 _ - • . wt_ A-. A minimum of twenty -five (25) percent of the existing viable naturally functioning native vegetation on -site shall be retained, GellffieF CouRty Land Development The minimum required native vegetation for the PUD is 57.71 acres. PUDA -PL- 2014 -0100 Sttike thr-ough text is deleted San Marino RPUD Underlin e text is added Last Revised: April 6, 2015 Page 26 of 33 SECTION VI DEVIATIONS FROM THE LDC 1. Deviation (1) from LDC Section 2.03.07D.4.g, which requires TDR credits to be redeemed at a rate proportional to percentage of the PUD approved gross density that is derived throuah TDR credits and TDR Bonus credits, to allow for use of the UD's base density prior to the redemption of TDR credits. The followina deviations are applicable to Parcel B only: Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements. which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6' -wide sidewalk on one side of the street only for streets with homes on one side of the street, and to require a 6' -wide sidewalk on one side of the main entry road. One canopy tree (or canopy tree equivalent shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. 3. Deviation (3) from LDC Section 6.06.01.N. Street System Requirements and Appendix B. Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 40 foot wide local road. 4. Deviation (4) from LDC Section 5.03.02.C. Fences and Walls, which permits a maximum wall height of 6 feet in residential zonina districts. The requested deviation is to allow a maximum wall heiaht of 8 feet throughout the development and a 12 -foot tall wall, berm or combination wall /berm along Collier Blvd. Deviation (5) from LDC Section 5.04.04.B.5. Model Homes and Model Sales Centers which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots. whichever is less. per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of six (6) model homes per development tract not to exceed 17 model homes within the overall RPUD. As part of the application material for every building permit for a model home, the developer shall provide documentation stating how manv model homes are in existence so that the maximum of 17 model homes is not exceeded. 6. Deviation (6) seeks relief from LDC Section 5.04.06.A.3.e, which allows teml2orary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temporary sign or banner up to a maximum of 32 sauare feet in area and a maximum of 8 feet in,.heiaht. The temporary sign or banner shall be limited to 28 days per calendar year. 7. Deviation (7) seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. The requested deviation is to allow for two (2) around signs per project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign. PUDA -PL- 2014 -0100 Stf*e gh text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 27 of 33 Deviation (8) seeks relief from LDC Section 4.06.02.C. Buffer Requirements, which requires a fifteen foot (15') Type "B" Iandsca -Q buffer where single - family residential uses are proposed adiacent to multi - family residential uses. to allow a ten foot (10') Type "B" buffer where proposed single- family dwellings in the San Marino RPUD are adjacent to multi - family dwellings in the Willow Run RPUD along the southern and eastern property lines, and where proposed single - family dwellings are adjacent to multi - family dwellings in Aventine at Naples to the south. PUDA -PL- 2014 -0100 Bike - through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 28 of 33 Q Z ma WLU W I`^^ cf /! L a ► i Y y ► - i ► W aY i p 16 / rY �1► rIY i r► r r i w 1i N �YYY L" 1 ► um MMNO PUD "feel O-L" w* N b a .h .ti m w 0 rn N d Of co a. In 0 N _O O O � a va¢ o�v N p Q � � N N dfn J 1 J 1 f 1 C 1 1 1 ilk, I f 1 � y awl 1 r _ jI . � '•.._ter ?.. __it I 1 ► i Y y ► - i ► W aY i p 16 / rY �1► rIY i r► r r i w 1i N �YYY L" 1 ► um MMNO PUD "feel O-L" w* N b a .h .ti m w 0 rn N d Of co a. In 0 N _O O O � a va¢ o�v N p Q � � N N dfn J m F- m YEE X W FLU:UAM RF2IDBITML SUBDISTRCT ZONING: PID EXmTSIO U6@ MIILTIFAMLYI GOLF COLM FLU: URBAN RESIDENTI SUBDISTRICT ZONING', PLD EXISTING USE GOLF COURSE FLU, URBAN RESIDENTIAL FRINGE SUINWRICT ZONING: PLD RPJO BOUNDARY EXISTING USE MULTIFAMILY I GOLF COURSE I PRESERVE sIL R N /R I -lLw2z- 4 =z- � I P119961E !f! F U URBAN RESIDENTIAL -�- FRNOESUBp6TWCT ZONNG:A I E GST14G USE VACANT R PARCEL B R R RPLD IjouDARv PARCEL A FL TML FRINGE SUBOIS7RICT ZOIJ64: RPID EXISTING USE: NNING (MLLOW RUN) GENERAL NOTES 1. THIS PLAN 16 CONCEPTUAL N NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIRENEKIS 2 ALL ACREAC�S E)(CEPT FORPRESERVE,AREAPPROXWATE AND BIJBECT 1'O MOOIFICATION AT THE TIME OF SOP OR PPL APPROVAL N ACCORDANCE WITH THE LDC 3. THE NTERAL PR6VATE ROADWAY SYSTEM IS CONCEPTUAL IN NATURE AND SUBJECT TO MODIFICATION AT TIME OF PPL/SDP 4. A MINIMUM OF 57.71 AC OF PRESERVE WILL BE PRUVDED WLTNBN THE PLD ROD=LOCA7DRMA7 SCALE N FEET LEGEND © LAKE PRESERVE R RESDE7ITLLL FUN: URBAN RESIDENTIAL FRIWW SUBDISTRICT ZONING: RPUD E)06TNG USE: PRE SERVEIMNIN() (IMLLOW RUN) RPl1D BOUNDARY LAND USE SUMMARY CATEGORY ACREAGE TOTAL SITE AREA Z36t PARCELA Slit PARCELB 186t MAXIMUM DWEUJNG UNITS 650 D.U. BASE DENSITY 352 D.U. TDR DENSITY 266 D.U. REQLAREWPROVIDED PRESERVE 67.71 PARCEL A (FRONDED) 15.06 PARCEL B (PROVIDED) 4282 OPBJ SPACE REQUIRED 141 t (6O%) PARCELA 23At PARCELS 117.6t V 0 x� U a m � b � h � X � X 0 O r'J y d r O N o cc O � d V a Q o � � N p N Q acne EXHIBIT C LEGAL DESCRIPTION DESCRIPTION AS SUPPLIED BY THE CLIENT (D4� THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (9-24 THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. 4B- THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OD-4) THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. fD-5) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT -OF -WAY. (D-6) THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT -OF -WAY. g)--3 THE NORTH 112 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT - OF -WAY. {D-8) THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, COLLIER COUNTY, ° FLORIDA. SUBJECT TO: THE RIGHT OF WAY TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS, PUDA -PL- 2014 -0100 Strike -through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 31 of 33 im-91 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY EASEMENT TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. (9-10) THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. (D 11) THE SOUTH 1/2 OF THE NORTH 112 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY FLORIDA. LESS THE WEST 100 FEET. g"-2-) THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT -OF -WAY, ( )41 THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 4)41 THE NORTH 1/2 OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 LESS THE WEST 30 FEET AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET. BEING PART OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. NOTES: BEARINGS ARE BASED ON THE WEST LINE OF SECTION 11, TOWNSHIP, 50 SOUTH, RANGE 26 EAST, AS BEING N00"48"E. PUDA -PL -2014 -0100 SWke- through text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2015 Page 32 of 33 WHICH IS NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. STATE PLANE COORDINATE SYSTEM FOR THE FLORIDA EAST ZONE. PARCEL CONTAINS 10.250.859 SQUARE FEET OR 235.33 ACRES, MORE OR LESS. PUDA -PL- 2014 -0100 Str4ke Mmugh text is deleted San Marino RPUD Underline text is added Last Revised: April 6, 2016 Page 33 of 33 AGENDA ITEM 9-6 Co er County MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES SECTION HEARING DATE: APRIL 16, 2015 SUBJECT: PUDZ- PL20140001179, Avalon of Naples RPUD (Continued item 9A from CCPC April 2, 2015 Hearing) The Collier County Planning Commission (CCPC) heard PUDZ- PL20140001179, Avalon of Naples RPUD land use petition at its April 2, 2015 hearing. The applicant requested that the item be continued to the April 16, 2015 CCPC hearing to address several requested changes. One requested change was the addition of an interconnection to the church parcel at the southwest corner of the project. There is an existing access easement that grants the development access onto County Barn Road through the church parcel (see attachment 1A: Access Easement, dated May 12, 2010; and First Amendment to Easement, dated February 23, 2015). The applicant was directed to investigate this easement making sure it does not conflict with the existing church parking lot and revise the master plan to show a one -way exit only access consistent with the easement. Staff reviewed the attached access easement and the aerial photo below to determine that the access does not conflict with the existing church parking. Aerial Photo Page 1 of 2 PUDA- PL20140001179, Avalon of Naples RPUD April 7, 2015 Based on the easement staff is providing the following revision to our original staff report dated 3 -17- 15', specifically the Growth Management Plan (GMP) Consistency review: (revision provide in underlined format) FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and /or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The RPUD Master Plan does not depict interconnections with any abutting properties. The northern and western property boundaries are adjacent to public roadways. The eastern property boundary and a portion of the southern boundary abuts a developed private school (Seacrest Upper and Lower School). The remainder of the southern boundary abuts a developed church site. However, it appears to be possible to connect to the church's driveway near County Barn Road, prior to the driveway's connection to the church Parkina lot. This was discussed — as an exit only from the subject site - at the April 2 Planning Commission meetina. At that meeting, it was noted that some type of shared access agreement or easement has been recorded between the church and [present or priori subject site owner.l Staff agrees that the access easement noted above should be utilized as a one -way exit only access as shown on the revised master plan provided by the applicant and incorporated into the PUD draft ordinance. The remaining changes requested by the CCPC on April 2, 2015 were as follows: 1. Provide a list of amenities to be provided as part of the proposed Recreation Area (noted on the master plan as RA). 2. Revise Exhibit B to add LBE to note 6, and modify driveway access on note 3. 3. Revise Deviation 3 to allow the temporary sign on the perimeter wall, and modify staff recommendation to 60 days per calendar year. 4. Revise Deviation 4 to be for internal roadways only. 5. Provide diagram depicting on -street parking outlined in deviation 6. 6. Revise Exhibit B to include minimum 100' distance from travel lane on Davis Boulevard. 7. Revise Exhibit F, Transportation, A; to clarify that sidewalk payment in lieu will be limited to only that portion of construction costs not covered by transportation impact fees. 8. Provide interconnection at southwest corner of the development as outlined above in this memo. 9. Revise Exhibit B to provide consistent principal and accessory rear yard setbacks; LBE, LME and bulkhead. Please refer to the attached documents: Attachment A: Easement Agreement dated May 12, 2010 and First Amendment to Easement dated February 23, 2015. END OF MEMORANDUM Page 2 of 2 PUDA- PL20140001179, Avalon of Naples RPUD April 7, 2015 INSTR 4434262 OR 4570 PG 1102 RECORDED 5/26/2010 8 :54 AM PAGES 11 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $350.00 REC $95.00 CONS $50,000.00 This instrument was prepared by and alter recording return to: Daniel K. Weidenbruch, Esq. Roetzel & Andress, A Legal Professional Association 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 (239) 649 -6200 Consideration: $50,000.00 Documentary Stamp Tar: $350.00 THIS EASEMENT, May, 2010, by and between t P.O. Box 279, Key Biscayne, Baptist Church of Naples, F County Barn Road, Naples, FI (space above this line for recording data) (the "Agreemen ' ode and entered this day of a Florida limi d li ility company, whose address is s s cess s and /or sig s, ( "Collier Davis ") and Berean dam -fe f rP ration, whose address is 1851 WHEREAS, Berean i t 0`% e ONi*v"erT6 on Exhibit "A" attached hereto corporated herein more particularly described h and WHEREAS, Collier Da ., a owner of that cena�?��t#1d of real property more particularly described on Exhibit "B" attached h � ncorporatee ' e�i�i�t "Collier Davis Property "); and WHEREAS, Collier Davis is in the - velop" ing the Collier Davis Property pursuant to that certain Davis Reserve Mixed -Use Planned Unit Development (the "MPUD "); and WHEREAS, the MPUD provides for, among other things, access to and from the Collier Davis Property by way of a roadway and access easement located on a portion of the Berean Property; and WHEREAS, Berean is desirous of providing to Collier Davis a perpetual, nonexclusive easement for various purposes as more particularly set forth herein including, without limitation, pedestrian and vehicular ingress and egress over, across and through a portion of the Berean Property in order to provide the Collier Davis Property with a means of ingress and egress to and from that certain roadway known as County Barn Road pursuant to the MPUD; and WHEREAS, the easement imposed hereunder is intended to: (i) constitute a burden on the Berean Property and a benefit to all persons or entities hereafter owning (or otherwise having an interest in) all or any portion of the Collier Davis Property; (ii) constitute a covenant running with the land; and (iii) be binding upon Collier Davis, Berean and each of their respective successors and/or assigns. NOW, THEREFORE, for and in consideration of the sum of Fifty Thousand and 00 /100ths Dollars ($50,000.00), the mutual premises set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereby agree as follows: Page 1 OR 4570 PG 1103 1. Recitals. The foregoing recitals are true and correct and are incorporated by reference as if fully set forth herein. 2. Easement Grant. Berean hereby grants, gives and conveys to Collier Davis and its successors, assigns, guests, tenants, employees, invitees, licensees and designees, a perpetual, nonexclusive casement in, upon, over, across, under and through that portion of the Berean Property as described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area "), as an appurtenance to and for the benefit of the Collier Davis Property for purposes of pedestrian and vehicular ingress and egress, signage and entry features (reasonably acceptable to both parties), stormwater drainage facilities, utilities, irrigation and landscaping (the "Easement "). In addition, the foregoing Easement shall include the right, at any time and from time to time, to construct improvements within the Easement Area consistent with the aforementioned purposes. 3. Construction and Maintenance of Roadway. Upon final (and non - appealable) approval by Collier County (and any other governmental and/or quasi - governmental agency or department having jurisdiction over the property) (collectively, the "Authorities "), and provided said approval(s) are not subject to conditions w ' avis' sole discretion, render development of the project unfeasible, Collier Davis s 11 �1�9t roadway (or otherwise improve and/or expand the existing roadway) withi ment Arca, t ith certain paving, entry. features and signage (reasonably acceptable o parties), stot7rtwate mi age facilities, utilities, irrigation, landscaping, and other improv me nefit o the ilie Davis Property and the Berean Property (collectively, the "Ro dw InlMoverric "). o icr Da 's s 11 use commercially reasonably efforts to obtain approval om tho ties to permit the Roadway Improvements to be built in bst nt' 1 a o da c i e o ep ual tan attached hereto as Exhibit °D" (the "Conceptual Plan ") i s a o a i gran d, th adway Improvements shall be constructed in substantial ace c with the oncep I PIa egoing notwithstanding, in the event the Authorities require t nceptual Plan to be s at the Roadway Improvements cannot be built in substantial ac ,� ee with the Conce 1 1 tier Davis shall notify Berean of such fact at which point Berean `lia ve the right, but n bligation, to participate in further discussions with Collier County an horities gilae nal approved layout of the Roadway Improvements and the parties shall wo f to accommodate the reasonable access P p S�>� ��� requirements of both Berean and Collier Davr ner that is consistent with the Conceptual Plan. Subject to applicable laws, regulations and ordinances, Collier Davis shall provide for and perpetually maintain ample landscaping along the Northern border of the Easement Area to buffer the Berean Property from the effects of the traffic accessing the Collier Davis Property. The same shall be constructed and installed at the sole cost and expense of Collier Davis. Once constructed and installed, the Roadway Improvements shall be maintained and repaired by the owner(s) of the Collier Davis Property, and their successors and/or assigns, jointly and severally. Alternatively, the owner(s) of the Collier Davis Property may form a property owners' association (or the like) to maintain the Roadway Improvements at which time all maintenance and repair obligations contained in this Agreement may be assigned to said property owners' association. If assigned to a property owners' association (or the like), Berean will thereafter look solely to said property owners' association for the performance of the maintenance and repair obligations contained in this Agreement. The foregoing notwithstanding, any damage or destruction to the Roadway Improvements that is caused by either party or any of its guests, invitees, licensees or designees shall be promptly repaired by that party at its sole cost and expense. Except as expressly permitted by the terms of this Agreement, no alterations of, or expansion to, the Roadway Improvements shall be made without the written consent and approval of either party, which consent shall be promptly granted provided said alteration and expansion does not require an expansion of the Easement Area or otherwise materially affect access to either party Page 2 OR 4570 PG 1104 4. Prohibitions, Neither party shall, in any way, obstruct the Easement Area or otherwise interfere with or hinder the use of the Easement which prohibition shall include, without limitation: (i) the parking of any cars, trailers or other vehicles within, or otherwise blocking off, the Easement Area; -and - _- (ii) the construction of any walls, fences, gates, ditches, canals (or similar excavations) or other improvements which would obstruct access to the Collier Davis Property or otherwise interfere with the use or enjoyment of the Easement. Nothing shall preclude Berean from limiting access to the Berean Property, including but not limited to installation of gates or other access controls. Berean may, subject to regulation by the Collier County Sheriff's Office, provide temporary traffic direction during regular and special worship services of Berean provided, however, at no time shall access to the Collier Davis Property be unreasonably blocked or otherwise impeded. Construction traffic generated by development of the Collier Davis Property shall not utilize the Roadway Improvements. 5. Miscellaneous. 5.1 Covenants Running With the Land. This Agreement shall run with the land and shall inure to the benefit of each owner(s) of the Berean Property and the Collier Davis Property and shall be binding upon each owner(s) of the B r d the Collier Davis Property, or any portion thereof or any interest therein, and their or assigns. 5.2 Governi This Agreement share c stored in accordance with Florida law, exclusive of choice of law es. a�n i- fnr n ^dis ups arisin her under shall be in Collier County, Florida. 5.3 Amen unless in writing executed by Property and recorded in the P ,all V me�ded, modified, or terminated, of of avis Property and the Berean 5.4 Severab The invalidation-4 a y e provisions contained in this Agreement, or of the application No o any party by jud court order shall in no way affect any of the other provisions hereof o ation ther same shall remain in full force and effect. E C1 5.5 Attorney's Fees. In the event of any legal proceedings or litigation arising from this Agreement, the prevailing party or parties shall be entitled to recover all costs and reasonable attorneys' fees incurred in the action or proceeding (including those incurred at trial and appellate levels), in addition to any other relief to which it or they may be entitled. 5.6 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which, when compiled together, shall be deemed one instrument. Facsimile, e-mail or other electronically transmitted signatures shall be binding upon the parties as originals. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by fully authorized signatories as of the date first written above. [SIGNATURE PAGES FOLLOW] Page 3 OR 4570 PG 1105 Signed,s.al €d -arsd- delivered ___.. tUL- i..il~R BAYiS: _ in the presence of: Collier Davis, LLC, a Florida limited liability company, By: Goldmeier (NJ) Ltd. a Florida limited partnership, its Managing Member Print Name: By: Goldmeier (NJ) Corp., a Florida corporation, its General Partner STATE OF �_ ) ss COUNTY OF �Z ) The foregoing instrum s acknowledged be Goldmeier, President of Goldme } Corp., a Florida (NJ) Ltd., a Florida limited partnc a Managing Memt liability company, on behalf of the anies, who is produced��L President day of May, 2010, by Lee General Partner of Goldmeier Davis, LLC, a Florida limited ally knov.�to me or ( ) has j� s (SEAL). MICHAEL MOLIN r r rr,,, ° " „rrr 1.11 Notary Publi ' Print Name: LI . OF NEW JERS F% ' +� fJ ' �� My Commission Expires: MYC MMISSlOiV EXPIIiESJULY15,2U1V C) ..... '4 rrn rrlll Hrr r,N�` Page 4 OR 4570 PG 1106 Print Name: L. Print ame: Karen -SC 0 Print Name: .. •� Print Na C: V, rnn � �K CQv� BEREAN: _.. __ -": 3vman Baptist Church of Naples, Florida,.=irc ---_— — - a Florida not- for - profit corporation, Vi Ell !!/.. i : - , Byl: Print Name: v� Title: cp r as STATE OF FLORIDA (Corporate Seal) COUNTY OF ' e foregoing instru ent w s a wed d or et s day of April, 2010, by i' I ea ti ' urc of Naples, Florida, Inc., a Florida not -fo - of the corpora ' n, o' : personally known to me or ( ) has produced as identifica ' 0 y iommission nxp STATE OF FLORIDA ' ss COUNTY OF d gfL ) The foregoing instrument was acknowledged before me this day of April, 2010, by as -PW Ae-, -- of Berean Baptist Church of Naples, Florida, Inc., a Florida not -for- r of the corporation, who is( ) personally known tome or( ) has produced as identification. SCHOCH +: " .� KAREN (SEAL) VY COMMISSION a DD 763162 yt Notary Pu lic: EXPIRES: Jima 13, 2012 ad print Name a p a.an.� Nomy P&k waa i.z My Commission Expires: 590859 v_03 113916,0001 Page 5 I N G B BERELV BAPTL5T CHURCH a iursr'w°'W ittemm WME2 ". � i TN[ Illa(SR 0[fMKO N[ll[ON I ��� Irr� V aamnl � sersa'n'c n.�7•pf fir. /pNID I.pN IN I.DY. roues cDN[S[TI .oMW(M 'SR[ NOT Mp1V(p Ip fN[ NOIIRNINm [LNIK[D.. [ 1 39) �� S.alr.. NoNr a jai ow . evmll.e Nnun I.N[ r r I � I I � t j [wru owNCUn rn.sur ■C, E :> k BERSAN BAPTIST C nDOI rAOI wnemtnDl n Irci wli. � ��; c� 1331 COUNTY WIN no [ F e o p- I reran. nnr rnml.N.t s.wT Nura '. nc.o. �nurc Na siu . 19f v.uo .mwr na Ir+.1uN[ re � l k�J .y €I m . nra[p cNp 1(CT[IM NoNtana3 coNCmc rv[ SC 1" = 0' ALE: 10 j . e m�3 �v� n xw un ar me wm� r_ is« s 'F I N G B BERELV BAPTL5T CHURCH a iursr'w°'W ittemm WME2 ". � i TN[ Illa(SR 0[fMKO N[ll[ON ,� � 99i1 ] fir. /pNID I.pN IN I.DY. roues cDN[S[TI .oMW(M 'SR[ NOT Mp1V(p Ip fN[ NOIIRNINm [LNIK[D.. 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Wi[D IMdKt >. n [u3vti a c[.racp ro M[ Toarc a nap wNVtr Npr 1N[ o.rc' !! 3 [Inl'[i a iursr'w°'W ittemm WME2 ". � i TN[ Illa(SR 0[fMKO N[ll[ON ,� � 99i1 1— fir. /pNID I.pN IN I.DY. roues cDN[S[TI .oMW(M 'SR[ NOT Mp1V(p Ip fN[ NOIIRNINm [LNIK[D.. [ 1 39) �� S.alr.. NoNr a jai ow . evmll.e Nnun I.N[ •� � : rui�N.w�u[Mr am G7 r�.N n¢ �w [wru owNCUn rn.sur ■C, E : urzu: � nDOI rAOI wnemtnDl n Irci wli. � ��; two . o' ox . orrx i¢cam o wma[ rnml.N.t s.wT Nura '. nc.o. �nurc Na siu . 19f v.uo .mwr na Ir+.1uN[ re � l k�J >* m . nra[p cNp 1(CT[IM NoNtana3 coNCmc rv[ nrt vscw.t N.aR vNt a . na3YI>* urnnm rta[t13i1 rNp NW[S � � S e m�3 �v� n xw un ar me wm� r_ is« s 'F 0 a A V O N F3 O V OR 4570 PG 1108 EXHIBIT "B" DAVIS PROPERTY THE NW 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE WEST 50 FEET OF THE EAST 1/2 OF THE NW 1/4, AND LESS THE NORTH 75 FEET, (LESS AND EXCEPT PORTION WAS NOT PROVIDED IN LEGAL DESCRIPTION) AND THE WEST 1/2 OF THE NE 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 S AND EXCEPTING THEREFROM THE NORTH 75 FEET THERELIIN LEGAL DESCRIPTION). AND TOWNSHIP 50 SOUTIV. 1 2 O S-)7g-QF OF N1 1/1¢ SECTION 8, AND ( g26 r" THE EAST 112 OF THE THE NE 1/4 T 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, EAST LESS CEPTING THEREFROM THE NORTH 75 FEET THE _ THE NE 114 OF THE SE 1/4 OF THE~OFTHE NW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. ALL THE ABOVE PROPERTY IS LOCATED IN COLLIER COUNTY, FLORIDA. CONTAINING 22.83 ACRES OF LAND MORE OF LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. OR 4570 PG 1109 EXHIBIT "W DAVIS RESERVE PROPOSED ACCESS EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING D ES CRIRED AS FOLLOWS: COMMENCING ATTHE INTERSECTION OFTHE EAST RIGHT OF WAY LINE OF COUNTY BARN ROAD WITH THE SOUTH RIGHT OF WAY LINE OF DAVIS BOULEVARD (S,R. 84). RUN SOI74317E ALONG SAID EAST RIGHT OF WAY LINE FOR 600.18 FEET TO THE POINT OF BEG INNING; THENCE CONTINUE ALONG SAID LINE SOU4317E 68.01 FEET; THENCE LEAVING SAID EASTERLY LINE S895523E 12200 FEET; THENCE NOM437E 68.00 FEET; THENCE NBV55Z3 I M.95 FEET TO THE POINT OF BEGINNING: THE ABOVE DESCRIBES AN AREA 0 A-TELY 8,328 SQUARE FEET OR 0.19 ACRES OF LAND. ` �^ ' } COASTAL ENGINEERING KtRRJNK)N v S, INC. ��(V�� FLORIDA BUSINESS AUj f NO. LB 2464 ��Y"' RICHARD J. EW ING, Y.P• j PROFESSIONAL SU)IVEY R D AP FLORIDA CERTIFIC TF 5 NOT VALID WRHO S NA R A THE ORIGINALRAt ED OF I LICENSED SUFIV C0 FILE NO. 02.2 ES DATE: 0 rx 0 z pq m E- z 0 U DAVIS BOULEVARD / S.R. 84 \- POINT OF COMMENCEMENT Q F w o A NW 1/4 OF THE NE 1/4 'I OFFICIAL RECORD BOOK I T A $ (VACANT AND C a m rPOINT YOF BEGINNING / R.O.W.) s0 0 30 6o 120 SCpAAyL�E; 1(R "V = 60' PROPOSED 10 [AOSEN[NT NRTHEgA57 OF U40 LYING IN THE NO 1/a Or 1111 H HAAApNPPAAAR�CEL 06GIRK0 AS POLLD UNYTrofIAPNIDA,SByyE�Sl991 {{1G�� WA CLWC or UNh18MfCAN�1 ➢wOIfNTMTNECC5pR11 R�IOIA 5or wA}r u[NEA(O�f CDAVIS O[O/ULLTEVAIAS (pS..R. a.) RUN %SO ii �Er'TO LATHE PSINT Or RBEGINNING;AY (INE FOR `^ (J, ie[NCE C E,NTINUE ALONG SAID LINE Sdb E!'t7'E 6= OENCET f. `� LEAVING SAID EASTERL[YT�UNE 50lSS'2 C ap][22 tLi�Tp(TD ;N[ POINT Of ZlT \J MINKr45i5�w N SOUME REDln9 1 ACRCS OFOF 10 WTLLY 8.337 ^ 1 BEREAN BAPTIST CHURCH FOLIO # 00403360004 SKETCH OF DESCRIPTION NOT A SURVEY �° rLAP7iie suwio 19ISHl= OF DESCIM1SON OF A PROPOSED ACCESS EASEMENT LYING IN THE FI1.p0 (s1l AlF -S7u NGRrHEASr 1 4 or THE WRT14WEST 1/4 or SECTION 4 TOVMSHFP 50 SOLRN. RANGE SD rIORn v'M MY pIeU�nJ EASY. COLU[R COUNTY. FLORIDA. [~ w�pNlnenWFwn COASTAL CNOINEET1� COI4WANTS. ONI 1LOROA BUSINESS AIIOWWPATION N0. U 24" RICNARO J. EMIND. VP PROrE3SIONAL SURYEYUR AND WPPER FLORIDA CERIIFWATE NO. SESS Nor YA110 WIT.Ur THE SWILA10f1 AND WE ORIGINAL WAD SELL Of A FLORRIR UCE10[D SUIVIYT AND MAPPER DATE or SN:RAM FfM .....�,..,,, ...W.�...,.�,.»,�., _..:,.._,,.. �...,. �.,.,.. �... �.._..,,..., �.... w...,. �,,.., �µ...,,x,,. �. K�.... �4w�,. �« m: m... �.. �... m.... m.,,.,,,.,,. n,...:.,..,, �. �.. �.., �.: �. �. v ,�,.. «....,,�- ,.mam...- a,.M�,,. .�.,.,,..�,................, O F A V O r r r 0 0 a A " V O � I � 4 � I � ! ! OAKS RESERVE PROPERTY I �_ II r ! 9 -- - - - - -- - -- --- ,4_t j t t 639't 144'* 5013. m 41 -� -f -i ..► O t i l NOTE - x 1 REWIRE AOJ�US ENE SAT THE TIME OF THENSITTEERDEVELOPMEYNT PLAN APPLICATION. COASTAL as � m++u "ms. ue ENGINEERING n.w9" 1tM,..� CONSULTANTS N—Lul s. '. EXHIBIT i i ® INC. DAMS RESERVE sxn ♦s =°°+.r. = " s „�°1 ; CONCEPTUAL 4„�� i—� COUNTY BARN ACCESS TURN LANE DETAIL a +�- S COASTAL y ENGINEERING J= �y y CONSULTANTS A«M �iw"Mew INC. A RQ OY/ NrNR :..r.= mr+. "'°'° � r.A u. +w �;a �„�°°"" - ww EXHI9IT ! Q DAMS RESERVE CONCEPTUAL COUNTY BARN ACCESS DETAIL p APPROXMATELY R49' e i � E70S11NG 30 EASEMENT k+ N 24'3 APPRO)OMATELY R28' 91'3 STOP _ -.7 - — a SIGN; STOP SIGN I r 1 APPROMMA Y I 26' , I I a CON 42'3 m ACCESS I 82.3 24'3 E)GSTING1'BEREAN Z APPRO%IM 2 BAPTIST CHURCH PARIONO LOT C HU CH 146'3 Ij - - - -- ------- - - --II I +. �w I NOTE: 1. ALL DIMENSIONS ARE ONLY CONCEPTUAL IN NATURE AND MAY L — — — — REQUIRE ADJUSTMENTS AT THE TIME OF THE SITE DEVELOPMENT PLAN APPLICATION. . CL 1 o. COASTAL y ENGINEERING J= �y y CONSULTANTS A«M �iw"Mew INC. A RQ OY/ NrNR :..r.= mr+. "'°'° � r.A u. +w �;a �„�°°"" - ww EXHI9IT ! Q DAMS RESERVE CONCEPTUAL COUNTY BARN ACCESS DETAIL INSTR 5094810 OR 5129 PG 446 RECORDED 3/13/2015 3:19 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 This Instrument is Prepared by and Return to: -- -- - -- --- -- , - --�_. - Stephen °E:= Kussner,`Esquire ., -- GrayRobinson, P.A. 401 East Jackson Street, Suite 2700 Tampa, Florida 33602 FIRST AMENDMENT TO EASEMENT AGREEMENT THIS FIRST AMENDMENT TO EASEMENT AGREEMENT (this "Amendment ") is made this 433al day of Fc b tom, 2015 (the "Effective Date ") by and between COLLIER DAVIS, LLC, a Flo ' a lirnife lability company, with an address of P.O. Box 279, Key Biscayne, Florida ULKS—," - eckZ sn nd assigns ("Collier Davis ") and BEREAN BAPTIST CHURC 6✓ INC ., a Florida not- for - profit corporation, with an address o lip County Barn Road, p e Florida 34112, its successors and assigns (`Berean "). /�Z_ ___.ten WHEREAS, Collier] (3aMy, elan May 12, 2010 and recorde20 m Official Records of Collier t'y, Florida (the cement Agreement dated 4570, Page 1102 of the WHEREAS, Collier Da `IS requested and Berea agreed to amend the Easement Agreement as set forth in this Ame f�4, TIE NOW, THEREFORE, for and in rst eration of the mutual covenants, benefits and agreement of the parties hereto and the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Collier Davis and Berean do hereby agree as follows: I. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference. 2. Definitions. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Easement. 3. Deletion of Recitals in the Easement Agreement. As of the Effective Date, Collier Davis and Berean acknowledge the following recitals set forth in the Easement Agreement are not accurate and are hereby deleted in their entirety: "WHEREAS, Collier Davis is in the process of developing the Collier Property pursuant to that certain Davis Reserve Mixed -Use Planned Unit Development ( "MPUD "); and 4 5650639 v2 OR 5229 PG 447 WHEREAS, the MPUD provides for, among other things, access to and from the Collier Davis Property byway of a roadway access easement located on a portion of the $erean Property;" 4. Modification of Recitals in the Easement Agreement. The following recital set forth in the Easement Agreement is hereby modified by deleting the words which are stricken below: "Whereas, Berean is desirous of providing to Collier Davis a perpetual, nonexclusive easement for various purposes as more particularly set forth herein including, without limitation, pedestrian and vehicular ingress and egress over, across and through a portion of the Berean Property in order to provide the Collier Davis Property with a means of ingress and egress to and from that certain roadway known as County Bam Road pursuant to the MPUPU; and" 5. Construction and i mse' n ^_ Section 3 of the Easement Agreement is hereby deleted in ijs'i and the fol[o �' >g'l� pserted in lieu thereof: "Construction And Kft—n—re—nm= o dwa . 7�t th event that a roadway (or an improvement 'nd/ r expan t tin € he exi ting ro dw } is required for the development of the ol[ in other's Davis' sole discretion, Collier av all c nsru a roa way (or otherwise improve and/or exp 0) �} a wit ' e 4ment Area, together with certain paving, en features and sig a (r aso acceptable to both parties), stormwater e facilities, utiliti i at' ndscaping, and other improvements for the rbu it of the Collier L, perty and the Berean Property (collectively, th way Improve _m , f Collier Davis decides, "' in its sole discretion, to co t nM ddway Improvements within the Easement Area, Collier Da 11 mercially reasonable efforts to obtain approval from Collier County (an any other governmental and/or quasi- governmental agency or department having jurisdiction over the property) (collectively, the "Authorities ") to permit the Roadway Improvements to be built in substantial accordance with the conceptual plan attached hereto as Exhibit "D" (the "Conceptual Plan ") and, if such approval is granted, the Roadway Improvements shall be constructed in substantial accordance with the Conceptual Plan. The foregoing notwithstanding, in the event the Authorities require the Conceptual Plan to be revised such that the Roadway Improvements cannot be built in substantial accordance with the Conceptual Plan, Collier Davis shall notify Berean of such fact at which point Berean shall have the right, but not the obligation, to participate in further discussions with Collier County and/or the Authorities as to the final approval layout of the Roadway Improvements and the parties shall work together in good faith to accommodate the reasonable access requirements of both Berean and Collier Davis in a manner that is consistent with the Conceptual Plan. Subject to applicable laws, regulations and ordinances, Collier Davis shall provide for and perpetually maintain ample landscaping along the Northern border of the Easement Area to buffer the Berean Property from the effects of the traffic accessing the Collier Davis Property. The same shall be 11 5650639 v2 2 OR 5129 PG 448 constructed and installed at the sole cost and expense of Collier Davis. Once constructed and installed, the Roadway Improvements shall be maintained and repaired by the owner(s) of the Collier Davis Property, and their successors and/or assigns, jointly and severally. Alternatively, the owner(s) of the Collier Davis Property may form a property owners' association (or the like) to maintain the Roadway Improvements at which time all maintenance and repair obligations contained in this Agreement may be assigned to said property owners' association. If assigned to a property owners' association (or the like), Berean will thereafter look solely to said property owners' association for the performance of the maintenance and repair obligations contained in this Agreement. The foregoing notwithstanding, any damage or destruction to the Roadway Improvements that is caused by either party or any of its guests, invitees, licensees or designees shall be promptly repaired by that party at its sole cost and expense. Except as expressly ermitted by the terms of this Agreement, no alterations of, or expansiop -t Improvements shall be made without the written conselnt�at, a '' -e p- , which consent shall be promptly granted provid alteration an on does not require an expansion of the Eas en r otherwise mate all affect access to either Patty' 7m 6. Termination of tW m t. ( ��� 'e�eb added as Section 6 to the Easement Agreement; �� ivJ "Termination asement. In the ev'r tha C ;#e Davis or a successor in title to the Collie Lla :'s Property recor p t Official Records of Collier County, Florida, i reflects no access County Barn Road to the development on the rir vis Prope tilizes the Easement, then the parties shall at the r mptly execute an agreement terminating the Easement and a t and obligations created in the Agreement." 7. Ratification. The Easement, as amended and modified by this Amendment, is ratified and confirmed and is in full force and effect according to its terms. 8. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute a single instrument. (SIGNATURE PAGES FOLLOW) a 565639 v2 3 OR 5129 PG 449 IN WITNESS NVHEREOF the undersigned has entered into this Termination as of the date first set forth above. COLLIER DAMS, L , a Florida limited lia ' it company By: Pr' e'�: Its t 1,1`Z STATE OF FLORIDA ) COUNTY OF ) E cot2 The foregoin instru e`n o acknowledged be �e m thiQ—D- day of 2015, by of Collier Davis, LL a Florida limited lia 'lity com , on beh � e limi ed liab ity ompany, who is'�Kj personally known to me, or [ ] has pr du ` as entification. r�kuW)' t d"" JULIE AN, N� YERS ®} Commission � 7D07t a - State of Florida p MyCommiss�pix fires d October 20 of M� ssion Expires: ,r ?0"oi0[$ # 5650639 Q 4 * ** OR 5129 Pc 450 * ** IN WITNESS WHEREOF the undersigned has entered into this Termination as of the date first set forth above. _ BEREAN BAPTIST CHURCH OF NAPLES, FLORIDA, INC., a Florida not - for -profit corporation By= Print Tj e: anmex, Its: Jr%zo.tc, STATE OF FLORIDA COUNTY OF all i er � � CC��1,�� ��The foregoing instrum t before 2015, by � tw S l o Church of Naples, Florida, I c., Florida n - rofit o o who is [ J personally kn wn {I o> [� a� p identification. 1 ,� FOSTER RH"i." N Rotary PuDllc - Stite o d Icy Comm. Expires Jut 2 . t NC Commission i fF 4061 M1 l� c Xzj 4 5650639 v2 5 ZTJday of Fbrvo r_�� t_a� of Berean Baptist to 5ehalf of the corporation, >� n4ver as K 27"t i t" State of Florida m Expires: