The URL can be used to link to this page

CCPC Agenda 12/03/2015 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA DECEMBER 3, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, DECEMBER 3, 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—November 5,2015 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA Note: This item has been continued from the October 15,2015 CCPC meeting: A. PUDA-PL20140000548: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2003-11, the East Gateway Planned Unit Development, by adding 250 residential dwelling units to be developed in addition to the commercial development on the commercial development area or as an alternative to industrial and business park development on the industrial business park development area; by changing the name of the planned unit development to the East Gateway Mixed Use Planned Unit Development; by adding Permitted Uses for residential development; by adding Development Standards for residential development; by adding Deviations; by revising the Master Plan; by adding Exhibit B and Exhibit C, Road Right-of-Way Cross Sections; by revising Developer 1 Commitments for the PUD located on the north side of Davis Boulevard and west of CR 951 in Section 34, Township 49 South, Range 26 East, Collier County, Florida consisting of 37.5± acres; and by providing an effective date. [Coordinator: Fred Reischl,AICP, Principal Planner] B. PUDA-PL20150000178: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95-33, the Briarwood PUD, as amended, to add Private Clubs and Private Parking Garages, and associated accessory uses, as a principal use in Tracts B & C: Community Commercial, to add minimum standards for Private Clubs and Private Parking Garages, to increase the maximum floor area for Private Clubs and Private Parking Garages in Tracts B & C: Community Commercial from 20% of the commercial land area to 49% of the commercial land area which comprises 198,500 square feet of the building footprint on the ground level and an additional 97,500 square feet limited to a mezzanine area, to add a deviation allowing an alternative Type D landscape buffer along Livingston Road and Radio Road, to add a deviation allowing the required 8-foot wall at the top of a berm instead of being located at ground level, to add a new Alternative Landscaping exhibit for Livingston Road and Radio Road, and to add a new Conceptual Master Plan for the Private Clubs and Parking Garages, for the PUD property consisting of 209.17± acres located on the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Eric Johnson,AICP,CFM,Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. PUDR-PL20150002246: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A) zoning district and the Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 106.67± acre parcel to be known as the Rockedge RPUD to allow up to 266 dwelling units on property located near the northeast corner of the intersection of Sabal Palm Road and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida; providing for repeal of Ordinance No. 06-31, the former Rockedge Residential Planned Unit Development; and providing an effective date. [Coordinator: Dan Smith,AICP,Principal Planner] B. DOA-PL20140002309: A Resolution amending Resolution Number 95-71 (Development Order no. 95-01), as amended, for the Pelican Marsh Development of Regional Impact ("DRI") located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by adding 32 acres to the DRI; by revising Exhibit "D" and Map"H3"contained in the DRI Development Order to add 32 acres to the DRI and an access point on Livingston Road; and by reducing the reserve by 2 acres; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. [Companion item to Pelican Marsh PUDR-PL20140002211] [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] C. PUDR-PL20140002211: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 32± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add R1 district parcels for 75 single family dwelling units; by correcting a scrivener's error in the PUD Master 2 Development Plan to Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the R1 district; by reducing the reserve by 2 acres; and by providing an effective date. The property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County,Florida consisting of 2,245± acres for the entire Pelican Marsh PUD. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 3 AGENDA ITEM 9-A Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 3, 2015 SUBJECT: PUDR-PL20140002246, ROCKEDGE PUD (PLANNED UNIT DEVELOPMENT) Applicant/Owner: Watermen at Rockedge, LLC. 265 Sevilla Avenue Coral Gables, FL 33134 Agents: Patrick Vanasse,AICP Richard Yovanovich, Esq. Colerman Yovanovich RWA, Inc. 6610 Willow Park Dr. Suite 2 &Koester PA Naples,FL 34109 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission consider changing Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A) zoning district and the Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD)zoning district for a 106.67± acre parcel to be known as the Rockedge RPUD to allow up to 266 dwelling units, providing for repeal of Ordinance No. 06-31, the former Rockedge Residential Planned Unit Development;and providing an effective date. GEOGRAPHIC LOCATION: The subject property is located near the northeast corner of the intersection of Sabal Palm Road and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida and consists of 106.67±acres for the entire Rockedge PUD. (Please see the location map on page 2 and proposed PUD Master Plan on page 3 and 4 of this Staff Report.) Rockedge PUDR—PL20140002246 November 23,2015 Page 1 of 24 1 EMMI GAL'''' ; lie**, /,,,,,,,,...-",-.1w*.....;,....;,......f2 iiiii.iiiti,.(fil iiiim IE i I-�y - ..2.1,1 i I H u au-A+,c R , '° 'F-- �i r�.� E(t3 9lhiii]�f, §� °' v � Ill ...r,!!...,,,...�� 11111411h.! n z i 08 r,c'`' v: '111011111'-fE 15 EiF 1,`s i'�sal '.,'�•�� 1iy F1 i1li 13lli.( E i' V.i .-. E1pp} i #34iPi`yl�'� '� . Ussiin /� i +i. ��♦c.tc ``��` � 0 -; ak r yna0 ! ..� • z ' O — 1EIy+t x n a ifll ``+*f0�fr`•��+;�, lljPi�ri I ' ..1.1%1 I. ..f:1171;1©-� " •is � Q♦� ��``j:��{�00.0 r :9 li•%,.. n' O ;;; N,, •.. 1Ii_' I f ii I mi1 ::. . �i- 11'1,1, ■ :: i.i'if ° 4v i lg:— N sr I-i� a J Ce a Z o t d Y ~r •N iZ PI 0. gir, ii I \fl Q.gp., I _r r 1 z- t!I _ � III 1.g ...■ Mammy tiltIvn ------.9,,,, prz-""IIIIINA ......e. K ��I - Ism OO 4 0 i DM TM! lulniw.. 1, g 1 j ipp. Ulla -1EllintrEill2 't 1/: niallrillirrAfe.M1M11. Rockedge PUDR-PL20140002246 November 23,2015 Page 2 of 24 MASTER PLAN 1 of 2: 1 + ROCKEDGE ' LEGEND :TTRVC RPUD MASTER PLAN R RESIDENTIAL "1 CURRENT ENT LAND USE:RV PARR RA RECREATIONAL 7OHNSROAD AREA PROPERTY - I p PRESERVE BOUNDAR 11 'I II TRAFFIC FLOW 1 --- PATTERN iS'TYPE II I' 0 DEVIATIONS : ZONING: 'B'BUFFER 1 1 I I WATER A-AGRICULTURAL –Tr-LTA I L j MANAGEMENT LAKE (SCATTERED,INOLE FAMILY RESIDENTIAL) L II ��.4.� ARCHAEOLOGICAL I �•�•�•d AREA I 20'AMITY RDESMT.& -5'DRAINAGE SWALEMT. I ! •-. PRESERVE i MA1NTAGREEMENT &MA1NT AGREEMENT OA I ■OR 2626 PG 2465 28266 ,L I J I� MARKER J MARKER 1 v 15'TYPE 13'1YPE R ,1 R. 'D•BUFFER 'D'BUFFER I 6 LAND USE SUMMARY 1 — — — — TRACT UWDUBE ACREAGE I. �1 R — "B15'BUFFER RA tA TRACT'R' RESIDENTIAL 5843 4 AC a _ 1NACT'P' PRESERVE 2420+F AG Ln TRACT id1°RECREATION AREA 0.91+L AC I Z TRACT"L' LAKEPNATER MANAGEMENT 1026+F AC LDNSIG:A-AGRICULTURE I 1 ACCESS DRNF1RO.W. 1964+1 AC iI ( , CURRENT LAND USE:SINGLE FAMILY 1 T TA 106 44 1-AC > 20'TYPE RESIDENTIAL,VACANT LAND 1 � I 'Ij BUFFER I --v MAXIMUM DENSITY ---15'TYPE PROPERTY BOUNDARY-� III r �� 268 RESIDENTIAL DWELLING UNITS g 11, �I i 180 DWELLING UNITS DERIVED FROM gl II (� R ----15'TYPE I I I BASE 1 7 I'1 € 11 =--- R •B•BUFFER I 1 I I DENSITY;108 FROM TDR'S s 'I �1 1I� 1 RPUD MASTER PLAN NOTES L 170'FPL ROPERTY I 1.WITHIN THE RPUD BOUNDARIES THERE WILL BE I 1 I —_--_ BOUNDARY ' OA 676. i- A MINIMUM OF 80%OPEN SPACE. I 1 �� PG.1765 R ZONING:A- 2.THE FACILITES AND IMPROVEMENTS SHOWN AGRICULTURE ON THIS PUD MASTER PLAN SHALL BE 2,3,-44-- L I CURRENT LAND USE: CONSIDERED CONCEPTUAL IN NATURE. I LME I I SINGLE FAMILY LOCATION, , C l ——— RESIDENTIAL,LAND 1 1 3 OF DESIGN, IMPROVEMENTS SHALL BE CONFIGURATION DEFINED AT ETTHER PRELIMNARY I I 11 SUBDNISION PLAT APPROVAL,OR t 10'TYPE 15'TYPE 4 I CONSTRUCTION PLAN AND PLAT APPROVAL. I 'A'BUFFER 'B'BUFFER 15'TYPE 1 J \ OTEN1TAL FUTURE 1 D'BUFFER 4.REQUIRED PRESERVE:2129 AC(25%CF 8517 I I INTERCONNECT 1 I I AC PRESERVE OF ITING NATIVE 4 VEGETATION.ETAn� I ZONING:A- I i AGRICULTURAL 5. BICYCLE I PEDESTRIAN CONNECTION(S)TO CURRENT LAND USE: 1 THE MULTI-USE PATH ALONG COLLIER ( to TYPE NURSERY I I M'R/W BOULEVARD •A"BUFFER I OA Z59 ' MAY BE PROVIDED AT TIME OF PPL OR SDP. ROPERTY PROPERTY BOUNDARY LE-ASEMENT 8. MINIMUM LANDSCAPE BUFFERING , BOUNDARY �G:A-AGRICULTURALIMELROSIROW REMATM' is, ` 1 CLNS�NT LAND USE:NURSERY I PRES R VE.WH RE THE MET ER EXISTING PRESERVE.WHERE THE PRESERVE DOER NOT —'`--' -- MEET THE MINIMUM LANDSCAPE BUFFERING wALrw>aao6n REQUIREMENTS.PLANTING TO MEET THESE Z DNIN U0,MOM E CYPRESS REQUIREMENTS SHALL BE REQUIRED. CURRENT LAND NG USE:RESIDENTIAL,VERONA 'OO a.n°ro�r°i1.i' WATERMEN AT ROCKEDGE ROCKEDGE WM naw...RM S.an. NAPLES,LLC RPUD 2 naae.RULE COUNl1 COMM PC w 1012215 "°� '""Net"'" .0 [NOeN!luNO earn ueu 1 PIMA ROLMCORM COMMeni SW w .muss '"'nnly er)'-"�'N# T1 T8 0 `NN. WNW .... ..... .... • w *- SIC 11 MASTER PLAN .`.i611.P.-1.wevuw?AIYUU ......7;1 2 . ..rarrr rio..nr rr.......w...w�w...w.r..w°-..., .. 1 Rockedge PUDR–PL20140002246 November 23,2015 Page 3 of 24 i 6 t 3. s i r 1 MASTER PLAN 2 of 2: , ROCKEDGE 5 SON '' RPUD MASTER PLAN I ao E FAMILY' p CURRENT LAND 118E:PRESERVE RRNDeN1IASUe-0DIVISION _ I 30 ROADWAY R 15 TYPE [ASEfxYar at as 1 ' 15iYPE_� R BUFFER x'73 i . wii• w•W ♦w4w ♦wV 'D'BUFFER /�ZONIININA�-yA�GRICULLTURRE� • • W • • • • • i • gg$ I I CUN NT LAND�:aINaL.E is.v • •W ♦ ••. •.• .•w• 1 FAMBAY INBDENTIAL i F IR • i • • • • • •• • — -J p •i • •• •i •r ' « V * w i w • w V W F111�EBIDAL:AKBB 1. i] `• • • W V •• . V W1AR�IT LAND UBE� BB WEN l� .B.BUFFER 4 W • • ♦ • • « • lBrf11 B F/WEY I I \. i — — �« • • • •«« • ♦ i •• i R�EBaIDl18ION oi.I I !I 1682 .'._%' .` • •••• •••:-: • ••♦ •• 1 %2469,} `'" _.— O w •••i•••:i:•i•�::i :: W /R10< IDARY TOME I ••••••• • •••• �� J • f I}} i • :.10.4 A I%.N. *.X :••f W • • • •. f l IVAGTI3L f I I I ❖•••♦•o••:'•«•••.- • • « ••j Z :A- I I' III •...•..•.•• • . •::$.. AGRICULTURE I �' • •❖XL,::i•�• • W "•• •*•�' J•• •w CURET LAtm i 20' o••'•••••.•4• • w • °' • • « I . NGLE g II lI /ME •'t••'••=••%' •••• FAMILY a 1, t �-s— - �l-J I • • W•W •W J i W,••:�,i •4• •• 1 • i W W ♦ * • 4 ♦ i • • t rlll R W •P« • • • • • • • iI ! - - J • Iw 4 • • W• w • i W V • • • •• A-ADRICULTURE•/ (.9.-- • • • • • «• W•i J • • I ID — .,♦.:•. • • • • W YLIVACANT LAID } \ — f� W • • • • • • • •III•-1••-35TYPE 15'TYPE ` w 4•:•:•::•:414. • • V • . w • w .': µ, B•BUFFER I4 :::••❖•••••�•�K♦ W•. . . V W • W w♦ • ♦ :J S•L 'B•BUFFER j1 I a;::...o••••••••If ,. 1 I ZDN ING:A-AORI ULTURE / ' J "•PHITY BOUNDARY I. CURRENT LAIRD UBE BANGLE FAMILY / R I ' I RINIDENBIA,VACANT LAND "// '• a FUTURE BBCYCLE/PEDES7%AN (/ -")) I INTO/CONNECTION II �,�. 1 1 LME I ZDNINO:A•AORICULTUEE PROPERTY BOUNDARY ��_-` ) CURREFET LAID UM NURSERY IINOLE FAIA.YREIWENIIAL / R 15'TYPE IB TYPE / — 'V BUFFER LEGEND b'BUFFER, Z / _.. R RESIDENTIAL / I / j �� R BUFFER RA RECREATIONAL 1: / R /// •PETTY BOUNDARY AREA r / PRESERVE K / ZDNNG A•AGR1Ct1LTtElE TRAFFIC FLOW TypE/ / �` ,tBI ER CURRENT —..- PATTERN NURSERY .11 1 R �� 'B BUFFER I 5O DEVIATIONS - � �t _J WATER PERTY BOUNDARY = MANAGEMENT LAKE I-ME I! ZDMRIID:A•AGRICULTURE �•:•�•:• ARCHAEOLOGICAL 1 I I I „ .I J CURRENT LAND USE ••-•.• AREA VACANT LAND I 0 15,E ne PRESERVE ......... — . 1-SUFFER BOUNDARY i.-.___sAaL..PMMDo b_=___ MARKER 10'TYPE................. _. © ` , 0'BUFFER • .. ...ww.wa.•..,.sa .@nc . wow .+s I.w WATERMENAT ROCKEDGE ROCKEDGE Q>•1.x20I xoxn•IM NAPLES•LLC RPUD x PERM 1101J1eca•mcoLats m w uu' MOM '":77:".'"V".":11.7"*" m. pp-••��pnLV --For f"•`1w� n w x7e •1 PERIN RP-MCP-MT COLORS SIC w MIASv ` -...♦ MASTER PAN .VSMITIdU.•"•MtlIW37xLLS MM•-'r:x • w• IIAae • • I••w SK ..-.er..r..n.1I.m•s•R+.w....r......x....•w.+w.rrl+•r.I Rockedge PUDR-PL20140002246 November 23,2015 Page 4 of 24 1 PURPOSE/DESCRIPTION OF PROJECT: The Rockedge RPUD was originally approved in Ordinance Number 06-31 on June 6, 2006. This multi-family "only" RPUD included an affordable housing component consisting of at least 30 percent of the units required to be sold to buyers earning 80 percent or less of Collier County's k' median income. With the density bonus of affordable housing, 400 total units (5.09 units per acre) are allowed on 76.46±acres. The petitioner proposes to add an additional 32+ acres of land zoned Rural Agricultural (A) into the Rockege RPUD. The petitioner is also proposing to remove the affordable housing component (A Board of County Commissioner approved affordable housing termination agreement is required concurrent with this PUD approval), with 106 units derived from Transfer of Development Rights (TDR), decrease the density to 2.5 units per acre, allowing 266 units on 106.67± acres. The proposed development units are revised to allow multi-family, duplexes, single-family attached, single-family detached,and single-family detached(zero lot line). The petitioner also proposes to: 1. Relocate the projects entrance from C.R. 951 (Collier Boulevard)to Sabal Palm Road. 2. Revise the PUD Master Plan to include additional lands and a new project layout. 3. Increase the preserve from 21.86±to 24.20±acres. 4. Deviate from the required street right-of-way width of 60 feet to 50 feet (Section 6.06.01,N). 5. Deviate from the 6-foot wall height maximum to allow for a 12-foot wall/berm combination(LDC Section 5.03.02.C). 6. Deviate from the allowable 4 square-foot maximum temporary signs to allow 32 square feet(LDC Section 5.04.06.A.3.e). 7. Deviate from the minimum setback requirement for on-premise directional signs from a 10- foot setback to 5 feet(LDC Section 5.06.02.B.5). 1 8. Deviate from allowing two (2) 24 square-foot boundary markers along C.R. 951 (Collier Boulevard) with the option allowing one (1) sign at 64 square feet (LDC Section 5.06.02.B.14). 9. Deviate from LDC Section 4.02.04.D.1, that prohibits doors and windows on zero lot lines, to allow windows. 10.Deviate from LDC Section 6.06.01.J, that requires cul-de-sac's lengths not to exceed 1,000 feet,to allow up to 2,500 feet for one dead end as identified on the Master Plan. 11.Deviate from LDC Section 5.04.04.B.3.e, that limits temporary permits for model p �'Y use p homes to 3 years, and extend to 5 years without the need to request the approval of a Conditional Use petition. 12. Deviate from LDC Section 3.05.07.H.3.a, which requires a minimum 25-foot preserve setback,to allow a 12.5-foot side yard preserve setback for principal structures. Rockedge PUDR—PL20140002246 November 23,2015 Page 5of24 Furthermore,the following development standards are proposed: DEVELOPMENT SINGLE SINGLE DUPLEX& TOWNHOUSE MULTI- RECREATION STANDARDS FAMILY FAMILY TWO- 8 ATTACHED FAMILY8 FAMIL DETACHED8 &SINGLE Y FAMILY ZERO LOT LINES PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,000 S.F. 3,500 S.F. 3,500 S.F. 1,600 S.F.PER N/A N/A PER UNIT UNIT MIN. LOT WIDTH ' 40 FEET 35 FEET 35 FEET 16 FEET N/A N/A MIN. FRONT YARD 2'3 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET MIN.SIDE YARD 5 FEET 0 OR10 0 AND 5 0 AND 5 FEET 10 FEET 1/2 BH FEET FEET MIN. REAR YARD 6,7 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MIN. PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 10 FEET 10 FEET 0 OR 10 0 OR 10 FEET 20 FEET 1/2 sum of the BH STRUCTURES' FEET MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 45 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET HEIGHT ACCESSORY STRUCTURES MIN.FRONT YARD SPS SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS5 SPS5 SPS SPS MIN. REAR YARD 6.7 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 0 FEET MIN. PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX.ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT BH: Building Height(zoned height) SPS:Same as Principal Structure Rockedge PUDR—PL20140002246 November 23,2015 Page 6 of 24 1. The minimum lot width may be reduced by 20 percent, provided the minimum lot area requirement shall be maintained. 2. For multi-family product the front yard setbacks shall be measured from back of curb, or edge of pavement if not curbed, For all other unit types, front yard setbacks shall be measured from right-of-way line. The minimum 15-foot front yard setback may be reduced to 10 feet where the unit has a recessed or side-entry garage. Front-loading garages shall be set back a minimum of 23 feet from edge of sidewalk. 3. For corner lots, only 1 front yard setback shall be required. The yard that does not contain the driveway shall provide a minimum 10-foot setback. 4. The minimum distance between buildings may be reduced to 0 feet where attached garages are provided. However,the principal structures shall maintain a 10-foot minimum separation. 5. Accessory pool cage setbacks may be reduced to 0 feet when attached to a common privacy wall. 6. If single family development is pursued through the County's plat process, Lake Management Easement's(LME) and Landscape Buffer Easement's(LBE)will be platted as separate tracts. 7. When a lot abuts a (LME) or (LBE), the minimum rear yard shall be measured from the easement. Otherwise,the minimum rear yard shall be measured from the parcel boundaries. 8. In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section 4.06.05, individual lots must accommodate enough space for the entire 20-foot canopy to be located wholly within the lot boundaries, except where the lot is adjacent to a lake maintenance easement and/or landscape buffer easement, in which case, a portion of the required 20-foot canopy may protrude into such area. This applies to all residential lots within the PUD. SURROUNDING LAND USE AND ZONING North: Amity Road and scattered residential with a zoning designation of(A),Naples RV Resort with a zoning designation of('T1RVC),Johns Road,preserve with a zoning designation of Collier Regional Medical Center,and Hacienda Lakes with a density of 0.78 unit per acre and a zoning designation of MPUD/DRI(Mixed use and Development of Regional Impact). East: Scattered residential development with a zoning designation of (A) and Hacienda Lakes with a zoning density of 0.78 and a zoning designation of MPUD/DRI. South: Scattered residential development with a zoning designation of(A), a landscape nursery with a zoning designation of(A), Winding Cypress with a zoning density of 1.4 units per acre and a zoning designation of PUD, and Sabal Palm Road. West: Lely Resort with a zoneing density of 3.10 and a zoning designation of PUD, C.R. 951 (Collier Boulevard), scattered residences with a zoning designation of(A), and a landscape nursery with a zoning designation of(A). Rockedge PUDR—PL20140002246 November 23,2015 Page 7 of 24 t ©©qu o,I a� D•R HACIENDA Ai ". LAKES P,1i±D o ••Pa_lacio • • 1 s COL'L'IER ..o i cr'' .T EIR N ..s •p .. : REGIONAL r vl al ra*rr••• MEDICAL NI ER �' _., i I,e S EDISON 1,47 '' ", ' , �1 ' 7oi�ui1 Fvch C hR ' VILLAGE k :µ' i - r_'..-- Z,;nmq Pia l,a,c,i,o •tv1F'IID '1 IYf DI 1I1P1 Fsc1, SV I;,, ,�1 ?; �I'tl�i � T TOR S CURRENT BOUNDARY z ^ � i ` .} � ROCKEDGE RPUD (61:14413)„,,i-d.- 1 v4 ``+ * (±74.46 acres) L B I. ..,C,r r,a I._ 4Mt r •• ••••• •• Y�IKw,yl . ... •.LucceI:1,o,TER N ,•I' _ C es t N LELY YP S o,RESORT b o, '� I p •• a, - „ s.i i 1 a<Ram1 0 L^i 7onu„I Pill? 1 � r. J o hen s R D I ROC)KEDGE '2G � .. - R F R ^ n i't R D ,„f,„iq 1 t:Pt1D • ,' I , 1 arm , . II D 1' " y District: 1 .- 1 x DONNA FIAT A /ry� . .. ,Fyi-1, �, Iz r ll .[' aJ f r � `afh u a nnuici . 1 1 H I Y7 Ym..v �, o�, �1 !. a , a "` , , ��• i C `0 I' o Oa u ' ' cli: I 0 1 , ' i,I -. 'Nit,A -,^WINDING *M► - " -- — S a b a I--P a I rn-R D CYPRESS_ ,�..��.y r _ P�Vo �nawa`Ik CIR ) �J , L.v PROPOSED rr �. �... ;�,f' r ±� { -.4, ADDITIONAL s:L24 '' F 4.444. '1' ,�';t'-r!'p;(�- ,..+ "Ir''7;� O'1,j5- ', v ACREAGE(131.91 acres) _ I so n t�r�G}�r}, )a i d r C 7 ,-Nqo va �()rjr,��; .r + ,�� • kwR Zfi its t{, �M,V�ic,!y�I61� w4 o a�M 4.('461,1.-"4 7C. 7� Ys w �.�',1 m, y � ,� ,'ice �: ,.7 .'... 1 i'.t, !`9 .i,C1D• , ,,,,<,,,,h1,7_, ,e, .∎.1,1i4 444 0• 1-44 *041:01,,,e t ,C 45'-Y �4 ,0 +�,R �c \\*„., r '',, t 1 • D'o T , � ` ''' l'44/ «•i n n1;', P6 "P n or+t Z> /ff. *'''"417.,"C C � � aAM Mti ,T r,t. ti.4 ice i 4w � r ''" .j` 'tom '', ° 1; _..�.- , ,. �,.. li_ , I u!` ' AERIAL PHOTO—SUBJECT SITE BOUNDARIES Rockedge PUDR-PL20140002246 November 23,2015 Page 8 of 24 III GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY The subject property is designated Urban Mixed-Use District, Urban Residential Fringe (URF) Subdistrict, as depicted on the Future Land Use Map (FLUM) and addressed in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). The applicable provisions of the URF Subdistrict found in the FLUE are listed below, followed by staff analysis in [bold text]. The purpose of the URF Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area. Relative to this petition, the URF Subdistrict allows a residential density of 1.5 dwelling units per acre (DU/A) — along with associated recreational uses and essential services — and up to 6.0 additional DU/A by providing affordable housing. This bonus density is specifically addressed in URF Subdistrict subsection b. and describes a portion of the Rockedge subject site — and is no longer being pursued. The existing RPUD is approved for a maximum density of 5.9 DU/A (utilizing the Affordable-Workforce Housing Bonus —up to 400 residential units —on the original 76.46±acres). This acreage increases to 106.44±with this PUD amendment. The URF Subdistrict allows a residential density of 1.5 DU/A, and up to 2.5 DU/A via use of Transfer of Development Right (TDR) credits [and the same recreational uses and essential services]. TDR credits will be used to achieve the additional density/dwelling units. TDR credits must be obtained from Rural Fringe Mixed Use District Sending Lands located within one mile of the URF Subdistrict. This PUD proposes the maximum eligible density/dwelling units utilizing TDR credits. Based upon the increased, overall site acreage, the site is eligible for 160 dwelling units without use of TDR Credits(106.44 ac. x 1.5 DU/A= 159.66 - 160 DUs)and 266 DUs with use of TDR credits(106.44 ac.x 1 DU/A= 106.44 -'l 106 DUs; 160 DUs+ 106 DUs=266 DUs). Regarding the TDR tracking and redemption process for development orders submitted subsequent to rezoning (Site Development Plan (SDP) and plats), LDC Section 2.03.07D.4.f ii.c.i. requires documentation to be submitted as part of SDP's and plats to demonstrate the applicant is in possession of the required number of TDR Credits for the project. However, it does not explicitly require the submittal of a density calculation and TDR Credit tracking sheet with each SDP and plat—so as to track the chronological assignment of base density and TDR Credits with respect to each individual plat, plan or project, or the redemption of TDR Credits (the GMP also does not contain these specific requirements) — so staff routinely requests such a commitment be added to the PUD. Exhibit F, Developer Commitments, already proposes such a commitment. The URF Subdistrict encourages a rezone to be in the form of a planned unit development. [Rockedge began as a PUD and is proposed here as a PUD amendment and rezone by expansion. Comprehensive Planning staff points out that the LDC requires that TDR credits be utilized in accordance with the requirements of Section 2.03.07.D.4.g. The PUDA will utilize TDRs proportionately (which would be 60% Base DUs and 40% TDR DUs). Of the 266 DUs proposed, 160 are derived from Base density and 106 DUs are derived from TDRs.] Main URF Subdistrict provisions provide that "Proposed development in the Subdistrict shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new Rockedge PUDR—PL20140002246 November23,2015 Page 9 of 24 development in the Subdistrict." [Comprehensive Planning defers to the Engineering Services staff as part of their review of the petition.] `? FLUE Policy 5.4 requires new developments to be compatible with, and complementary to, the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject property and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location,traffic generation/attraction,etc.] In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions,and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [This site fronts the canal located on the east side of Collier Boulevard. Exhibit C,RPUD Master Plan,depicts a single, indirect access to Collier Boulevard (CR 951) — classified as an arterial road in the Transportation Element—via Sabal Palm Road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C,RPUD Master Plan, depicts an internal road configuration providing internalized accesses along a network of dead-end streets, cul-de-sacs and loop roadways. All vehicular traffic accesses Collier Boulevard (CR 951) indirectly via Sabal palm Road from a single street access. The Master Plan also depicts a "potential future (vehicular and non-vehicular) interconnect" at the end of the hammerhead cul-de-sac in the southwest quadrant of the site. Non-vehicular interconnection is encouraged to be pursued and provided at locations where vehicular interconnection is pursued and will not be provided.] Exhibit E, List of Requested Deviations, requests relief from the prohibition on cul-de-sac length in excess of 1,000 feet. [John's Road and Amity Road do not lend themselves to interconnection points, making vehicular interconnection that would effectively reduce the cul-de-sac length infeasible. One other means of access is depicted on Exhibit C, as a "potential future (vehicular and non-vehicular) interconnect" at the end of the hammerhead Rockedge PUDR—PL20140002246 November 23,2015 Page 10 of 24 cul-de-sac in the southwest quadrant of the site. If completed, this connection will effectively 4` reduce the cul-de-sac length. No other deviation requested poses consistency concerns.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their 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. [Transportation Policy 9.3 provides that "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of neighboring developments". LDC Section 6.06.O1.B provides that "The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas, [and] adjacent properties shall be provided with local street interconnections unless topography, other natural features, or other ordinances/regulations do not allow or require said connections". Local street connections with adjoining neighborhoods or other developments are not disallowed by other ordinances or regulations, and appear to be feasible in at least one (1) location on the perimeter of the irregularly horseshoe-shaped subject site,as follows: 1. John's Road lies along a majority of the northernmost boundary of the subject PUD. John's Road is private and is expected to remain so. Land uses lying along this boundary do not lend themselves to interconnection points, and makes vehicular interconnection infeasible. 2. Amity Road lies along a segment of the northerly boundary of the subject PUD. Amity Road is private and is expected to remain so. Land uses lying along this boundary do not lend themselves to interconnection points, and makes vehicular interconnection infeasible. 3. Developed and undeveloped residential properties lie to the east of the subject PUD, along with indoor and outdoor plant nursery facilities. The local street connection depicted on Exhibit C, as a "potential future (vehicular and non-vehicular) interconnect" at the end of the hammerhead cul-de-sac in the southwest quadrant of the site will improve movement throughout the road network. 4. Sabal Palm Road lies along a segment of the southerly boundary of the subject PUD. Land further to the south is the VeronaWalk residential PUD. The subject PUD provides its single,primary access point with Sabal Palm Road. 5. A recreational pathway, water management canal and Collier Boulevard lie to the west of a portion of the subject PUD —where interconnection is possible and feasible. Connection with/access to Collier Boulevard however, is not being encouraged by the County and is infeasible here. I Unnecessarily more-frequent and longer trips, higher greenhouse gas emissions, vehicle congestion, etc. characterize the absence of interconnection between these abutting roadways and properties, and perpetuates a development style not encouraged by the County. Commitments toward completing this potential future interconnection (at the end of the Rockedge PUOR—PL20140002246 November 23,2015 Page 11 of 24 hammerhead cul-de-sac in the southwest quadrant of the site) need to be strengthened in Exhibit F,Developer Commitments.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [As to walkable communities,the PUD provides for sidewalks located on both sides of all streets. Similar to the vehicular interconnection features discussed above, Exhibit C, RPUD Master Plan, and other PUD materials provide for non-vehicular interconnection with abutting properties at two locations. Non-vehicular interconnection is possible and appears feasible at one other location—and is provided. A point of"potential future bicycle/pedestrian interconnection" is depicted on Exhibit C, on the east central property boundary. Staff supports the completion of these future interconnections, as they serve to alleviate problems associated with underdeveloped interconnectivity, and adhere to a development style encouraged by the County. Plus, these bicycle/pedestrian connection points help to achieve a more acceptable cul-de-sac length (for bicyclists and pedestrians) and the walkability desired by the FLUE. Walkability is generally satisfied when these distances (between connection points) do not exceed one-quarter of a mile(1,320 feet). With regard to common open spaces, preserve areas and civic facilities, the PUD provides the sixty percent open space the LDC requires; permits community centers and clubhouses, various recreational uses and facilities,including tennis and basketball courts and biking and hiking paths, and passive open space uses and structures in residential areas. Designated f I preserve areas permit passive recreational uses and structures. }: With regard to a blend of densities and a range of housing prices and types, the application Y. I identifies a variety of residential units (with minimum floor areas ranging from 1,600 sq. ft. to 4,000 sq. ft.).] Regarding the TDR tracking and redemption process for development orders submitted subsequent to rezoning (SDPs and plats), LDC Section 2.03.07D.4.f..ii.c.(i) requires documentation to be submitted as part of SDPs and plats to demonstrate the applicant is in possession of the required number of TDR Credits for the project. However, it does not explicitly require the submittal of a density calculation and TDR Credit tracking sheet with each SDP and plat — so as to track the chronological assignment of base density and TDR Credits with respect to each individual plat, plan or project, or the redemption of TDR Credits (the GMP also does not contain these specific requirements). Both of these items have been added to the PUD as developer commitments,under PUD monitoring on Exhibit F, as has been requested and provided by other PUDs utilizing TDR density. Rockedge PUDR—PL20140002246 November 23,2015 Page 12 of 24 Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current Annual Update and Inventory Report (AUIR) or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service (LOS) Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2 percent of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3 percent of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed development will generate a projected 253± PM peak hour, peak direction trips on the immediately adjacent link, Collier Boulevard(S.R. 951), based on a highest/greatest equivalent residential single family use. Collier Boulevard is a six-lane divided facility and has a current service volume of 3,200 trips, with a remaining capacity of approximately 1,482 trips between Rattlesnake Hammock Road and East Tamiami Trail (S.R. 41); and is currently at LOS "C" as shown in the 2014 Annual Update of Inventory Report (AUIR). Staff also evaluated the LOS for this road segment based on the recently adopted 2015 AUIR which indicates the same service volume of 3,200 trips, remaining capacity of 1,274 trips and the same LOC "C". Therefore, staff finds that the proposed project does not significantly impact adjacent roadway links, there is sufficient capacity to accommodate this PUD Amendment within the 5-year transportation planning period and the petition is consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element. A minimum of 21.29 acres of native vegetation are required to be retained for the PUD. Rockedge PUDR—PL20140002246 November 23,2015 Page 13 of 24 CONCLUSION: Based upon the above analysis,the proposed Planned Unit Development Amendment may be deemed consistent with the FLUE. In an effort to support the County Policies discussed above however,staff recommends the following changes: 1. Exhibit C, RPUD Master Plan: An additional Master Plan Note is necessary to clearly indicate that non-vehicular interconnection will be pursued and provided at locations where vehicular interconnection is pursued and will not be provided. Correct the present labeling near the arrow symbol now appearing at the end of the x hammerhead cul-de-sac in the tract adjacent to Collier Boulevard to read, "POTENTIAL FUTURE"INTERCONNECTION". 2. Exhibit F, Development Commitments: Add language to, at the time of the first Site Development Plan involving interconnectivity, at locations where potential future vehicular and/or non-vehicular interconnection/interconnection points are indicated on the RPUD Master Plan, for providing,to the maximum extent feasible, vehicular and/or non-vehicular interconnectivity with abutting roadways and between adjoining sites. This commitment will indicate that the developer shall provide to staff all correspondence between the parties so as to document efforts to interconnect. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Collier County Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report(referred to as"Rezone Findings"),which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading"Zoning and Land Development Review Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Planning Staff has reviewed the petition and the PUD document to address environmental concerns. A deviation from setbacks for principal structures from preserves is being requested where side yards abut preserves. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances,review by the Environmental Advisory Council (EAC) is required, since a deviation from an environmental standard is requested. Staff supports the request for a reduced side yard setback as stated above since sufficient access to the preserve and space for maintenance of adjacent properties have been provided. The structural buffer should prevent encroachment into the preserve from adjacent property owners. - Rockedge PUDR—PL20140002246 November 23,2015 Page 14 of 24 Transportation Review: Transportation Division Staff has reviewed the petition request, the PUD document and Master Plan for right-of-way and access issues and is recommending approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Fire Review: The Fire Department Staff has reviewed this petition and recommends approval. Collier County Public Schools[CCPS) District Review: CCPS Staff review is not applicable due to the reduction is residential density proposed for Rockedge PUD. Landscaping review: Staff has reviewed this petition and recommends approval. Staff has required the following landscape note on the Master Plan due to the road right of way deviation request and the proposed setback requests. 4.06.05. A.1. Of the LDC requires one (1) tree per 3,000 square feet of pervious area. This would require an area for mature tree growth without being invasive on structures, utilities, and neighboring properties. The Master Plan note states the following: In order to support a canopy tree with a minimum 20 foot plus crown spread as required in LDC Section 4.06.05, individual lots must accommodate enough space for the entire 20 foot canopy to be located wholly within the lot boundaries, except where the lot is adjacent to a lake maintenance easement and/or landscape buffer easement, in which case, a portion of the required 20 foot canopy may protrude into such area. This applies to all residential lots within the PUD. Zoning Division Review: As previously stated, this PUD rezone petition adds 31.91± acres of land zoned Rural Agricultural (A)to an existing Rockedge PUD and relocates the access to Sabal Palm permitting 266 residential units or 2.5 units per acre. Staff has conducted a site visit and finds the proposed single-family development is generally compatible with the surrounding single-family residences, trailer park, reserve/preserve area and landscape nursery. Deviation Discussion: The petitioner is seeking approval of ten deviations from the requirements of the LDC. The deviations are listed in the PUD document. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Rockedge PURR—PL20140002246 November 23,2015 Page 15 of 24 Please see Attachment D for applicant's deviation justification. Deviation#1 seeks relief from LDC, Section 6.06.O1.N which requires minimum local street right- of-way width of 60 feet,to allow a 50-foot right-of-way width for the private internal streets that include public utilities. Staff analysis and recommendation: Staff agrees that narrow roads provide traffic calming functions, reducing speeds and increasing pedestrian safety. However, the road right-of-way also provides the land area for sidewalks, public utilities, street signage, and area for tree growth, providing shade and aesthetics while eliminated tree root damage. Staff researched previous PUD petitions and has confirmed this deviation is commonly approved. Staff has no objection to the request, understanding that this deviation may limit the potential for a shaded and aesthetically pleasing streetscape. Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6- foot in residential zoning districts,to allow a maximum wall height of 8-foot along the perimeter of the project and where abutting an existing public roadway,and allow a 12-foot tall wall/berm combination. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation has been approved in other PUD petitions in the past with success. Deviation #3 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area and 3 feet in height, to allow a temporary banner sign up to a maximum of 32 square feet in area. The temporary banner sign shall be limited to a maximum of 90 days per calendar year during a season defined as November 1 to April 30. This deviation will remain in force until the project is sold out. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation has been approved in other PUD petitions in the past and is deemed reasonable for the size of the project. Deviation #4 seeks relief from LDC Section 5.06.02.13.5, which requires on-premises directional signs to be setback a minimum of 10 feet from edge of roadway, to allow a setback of 5 feet from the edge of a private roadway/drive aisle. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation has been approved in other PUD petitions in the past. Deviation#5 seeks relief from LDC Section 5.06.02.B.14, which allows one (1) boundary marker sign or monument structure at each property corner with a sign face no more than 24 square feet,to allow the option of one(1)monument sign along C.R.951 with a sign face of 64 square feet, rather the two(2)boundary markers that would be allowed per code. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation has been approved in other PUD petitions in the past. Rockedge PURR—PL20140002246 November 23,2015 Page 16 of 24 Deviation # 6 seeks relief from LDC Section 4.02.04.D.1, which prohibits doors and windows on the zero lot line portion of a dwelling unit,to allow windows. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation has been approved in other PUD petitions in the past. Deviation #7 seeks relief from LDC Section 6.06,01.) which requires cul-de-sac lengths not to exceed 1,000 feet, to allow 2,500 feet for the one cul-de-sac street identified on the RPUD Master Plan. Staff analysis and recommendation: Staff supports this deviation based the geographic limitations of the site and a possible future interconnection on the southwest corner of the project. This deviation has been approved in other PUD petitions in the past. Deviation #8 seeks relief from LDC Section 5.04.04.B.3.e which limits temporary use permits for model homes to 3 years, to allow a temporary use permit of 5 years without the need to request approval of a Conditional Use petition. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation has been implemented in other PUD petitions in the past. Deviation #9 seeks relief from LDC Section 3.05.07.H.3.a., which requires a minimum 25-foot preserve setback for all principal structures to allow a 12.5-foot side yard setback from wetland preserves for principal structures where identified on the RPUD Master Plan. The reduced setback is allowed in combination with a structural buffer as allowed by the SFWMD. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. Staff supports the request for a reduced side yard setback as stated since sufficient access to the preserve and space for maintenance of adjacent properties have been provided. The structural buffer should prevent encroachment into the preserve from adjacent property owners. Deviation#10 seeks relief from LDC Section 4.06.02.C.4,which requires a 20-foot Type D buffer along perimeter boundaries abutting a right-of-way for all developments of 15 acres or more, to a allow a 15-foot Type D buffer adjacent to right-of-ways where identified on the RPUD Master Plan. Staff analysis and recommendation: Staff concurs with the petitioner's justification noted in Attachment D. This deviation is limited in scope to only the narrow road right-of-ways accessing only a few homes with limited traffic. This deviation has been approved in other PUD petitions in the past. Rockedge PURR—PL20140002246 November 23,2015 Page 17 of 24 REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan(GMP)with the following conditions: 1. Exhibit C, RPUD Master Plan: An additional Master Plan Note is necessary to clearly indicate that non-vehicular interconnection will be pursued and provided at locations where vehicular interconnection is pursued and will not be provided. Correct the present labeling near the arrow symbol now appearing at the end of the hammerhead cul-de-sac in the tract adjacent to Collier Boulevard to read, "POTENTIAL FUTURE"INTERCONNECTION". 2. Exhibit F, Development Commitments: Add language to, at the time of the first Site Development Plan involving interconnectivity, at locations where potential future vehicular and/or non-vehicular interconnection/interconnection points are indicated on the RPUD Master Plan, for providing, to the maximum extent feasible, vehicular and/or non-vehicular interconnectivity with abutting roadways and between adjoining sites. This commitment will indicate that the developer shall provide to staff all correspondence between the parties so as to document efforts to interconnect. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential, undeveloped agriculture, trailer park, and landscape nursery. The residential land uses proposed in this PUD petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Rockedge PUDR—PL20140002246 November 23.2015 Page 18 0124 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add additional land and revise the density and residential use types. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall density and intensity of residential land uses allowed by the current PUD are not exceeded in the proposed PUD rezone. Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)or Subdivision Platting(PPL)review. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. Rockedge PUDR—PL20140002246 November 23,2015 Page 19 of 24 • { 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the property surrounding the subject site is developed or undergoing construction. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD rezone is not out of scale with the needs of the neighborhood or county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. Rockedge PUDR—PL20140002246 November 23,2015 Page 20 of 24 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMF regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. is 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. Rockedge PUOR—PL20140002248 November 23,2015 Page 21 of 24 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable 1 concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Not applicable. As previously stated, the changes are to add additional land and an access road into the PUD boundary. NEIGHBORHOOD INFORMATION MEETING(NIM): The agent/applicant duly noticed and held the required NIM on September 28, 2015. Concerns from the attendees were the limited access on Sabal Palm Road and possible road dust during development. For further information,please see Attachment: C -NIM Summary Rockedge PUDR—PL20140002246 November 23,2015 Page 22 of 24 J5 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDR-PL20140002246, Rockedge PUD,revised on November 19,2015. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDR-PL20140002246, Rockedge PUD to the Board of County Commissioners, with a recommendation of approval with the following stipulations: 1. Revise the Master Plan, Exhibit C, to read "Potential Future Interconnection" instead of "Potential Future Interconnect." 2. Add language to Exhibit F as a development commitment to read; At the time of the first Site Development Plan involving interconnectivity, at locations where potential future vehicular and/or non-vehicular interconnection/interconnection points are indicated on the PUD Master Plan, provide, to the maximum extent feasible, vehicular and/or non-vehicular interconnectivity with abutting roadways and between adjoining sites. If interconnection efforts are unsuccessful, the developer shall provide all correspondence between the parties involved to sufficiently document efforts. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 06-31 Attachment C:NIM Summary Attachment D: Deviation Justifications Attachment E: Application Attachment F: Pre-Application Notes Attachment G: Addressing Checklist Attachment H: Boundary Survey Attachment I: Traffic Study Attachment J: Cultural Resource Assessment Attachment K: Phase H Cultural Resource Assessment Rockedge PUDR—PL20140002246 November 23,2015 Page 23 of 24 PREPARED BY: r ,.• DANIEL JAMES SMITH,AICP DATE PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: r2a24-}. ti I-% 1 EL RA Ol'D V. LLOWS,ZONING MANAGER D TE ZONIN DIVISION MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION II APPROVED BY: /�i41" .- S FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT • /5-- . DAVID S. WILKISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT i I .Rockedge PUDR-PL20140002246 November 18,2015 Page 23 of 23 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT AND THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A 106.44± ACRE PARCEL TO BE KNOWN AS THE ROCKEDGE RPUD TO ALLOW UP TO 266 DWELLING UNITS ON PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF THE INTERSECTION OF SABAL PALM ROAD AND COLLIER BOULEVARD IN SECTION 23, TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 06-31, THE FORMER ROCKEDGE RESIDENTIAL PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. [PETITION PUDR-PL20150002246] WHEREAS, Patrick Vanasse, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire of COLEMAN YOVANOVICH & KOESTER, P.A. representing Waterman at Rockedge Naples, LLC, (hereinafter "owner" or "developer) petitioned the Board of County { Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: ZONING CHANGE. The zoning classification of the herein described real property located in Section 23, Township 50 South,Range 26 East,Collier County, Florida is changed from the Agricultural(A) zoning district and the Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 106.44± acre parcel to be known as the Rockedge RPUD in accordance with Exhibits A through H attached hereto and [15-CPS-01429/1221760/1]82 1 of2 Rockedge PUDA/PUDA-PL20140002246 11/19/15 Attachment A 3 incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended,the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO REPEAL OF ORDINANCE. Ordinance No. 06-31 is hereby repealed in its entirety. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk " TIM NANCE,Chairman Approved as to form and legality: Heidi Ashton-Cicko skoN- � Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master PIan Exhibit D---Legal Description Exhibit E—List of Requested Deviations Exhibit F—List of Developer Commitments Exhibit G—Typical Section 50' R.O.W. Exhibit H—Archaelogical Site Locations [15-CPS-01429/1221760/1]82 2 of 2 Rockedge PUDA/PUDA-PL20140002246 11/19/15 t it EXHIBIT A Rockedge Residential Planned Unit Development Regulations for development of the Rockedge Residential Planned Unit Development (RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of Site Development Plan or Subdivision Plat. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. MAXIMUM DENSITY: There shall be no more than 266 residential dwelling units permitted on the± 106.44 gross acres, resulting in a maximum density of 2.5 dwelling units per acre. This PUD allows a base density of 1.5 units per acre or 160 dwelling units, and pursuant to the Urban Residential Fringe Subdistrict provisions of the Growth Management Plan, an additional 106 units are derived from Transfer of Development Rights (TDR). Redemption of TDR credits shall be per LDC Section 2.03.07.D.4(g). PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: I. GENERAL PERMITTED USES Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the project's entrance features are permitted within the "R" designated area abutting the project's entrance, or within the private roadway as depicted on the PUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35' in actual height. II. RESIDENTIAL A. Principal Uses: 1. Single family, detached 2. Single family,attached 3. Single family,zero lot line 4. Townhouse 5. Multi-family Page 1 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT A Rockedge Residential Planned Unit Development 6. Temporary model homes 7. Model sales center 8. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner,as applicable. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to swimming pools, spas, screen enclosures,private garages,and other recreational facilities. 2. Gatehouses and other access control structures. 3. Utility and water management facilities 4. Walls,berms,and signs. 5. Project sales, construction and administrative offices that may occur in residential and/or temporary structures. 6. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos,park benches and walking trails. 7. Storage areas,for the exclusive use of the residents. 8. Community maintenance areas, and maintenance structures. 9. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner,as applicable. HI, RECREATION AREA A. Principal Uses: 1. Structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool,tennis and basketball courts, playgrounds, pedestrian/bicycle pathways, and water features. Page 2 of 14 11-17-2015 Rockedge RPM EXHIBIT A Rockedge Residential Planned Unit Development 3. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos,park benches and walking trails. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")or Hearing Examiner,as applicable. B. Accessory Uses: 1. Community maintenance areas, and maintenance structures. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA")or Hearing Examiner, as applicable. IV. PRESERVE AREA A. Permitted Uses: 1. Native preserves 2. Uses and structures that will not reduce the native preservation requirements, such as boardwalks, nature trails, gazebos, benches and viewing platforms, subject to approval by the permitting agencies and in accordance with the LDC. 3. Drainage and water management structures that will not reduce the native preservation requirement. 4. Any other conservation use or structure which is comparable in nature with the foregoing list of permitted uses, within a preserve, as determined by the Board of Zoning Appeals("BZA")or Hearing Examiner,as applicable. 5. Activities in the archaeological areas within the Preserve shall be in accordance with Exhibit F and the LDC. Page 3 of 14 11-17-2015 Rockedge RPUD EXHIBIT B Rockedge Residential Planned Unit Development DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for the RPUD Residential Subdistrict and W Recreation Area Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP)or subdivision plat. DEVELOPMENT SINGLE SINGLE DUPLEX& TOWNHOUSES. MULTI- RECREATION STANDARDS FAMILY FAMILY TWO- FAMILY DETACHED8 ATTACHED& FAMILY° SINGLE FAMILY ZERO LOT LINE° I PRINCIPAL STRUCTURES MINIMUM LOT AREA 3,500 S.F. 1,600 S.F. PER 4,000 S.F. 3,500 S.F. PER UNIT UNIT N/A N/A MIN. LOT WIDTH ' 40 FEET 35 FEET 35 FEET 16 FEET N/A N/A MIN.FRONT YARD 2,3 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET MIN.SIDE YARD 5 FEET 0 OR 10 FEET 0 AND 5 FEET 0 AND 5 FEET 10 FEET 1/2 BH MIN. REAR YARD 6.7 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MIN. PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET i MIN. DISTANCE BETWEEN 10 FEET 10 FEET 0 OR 10 FEET 0 OR 10 FEET 20 FEET 1/2 sum of the BH STRUCTURES4 MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 45 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING HEIGHT 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET ACCESSORY STRUCTURES MIN.FRONT YARD SPS SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS5 SPS5 SPS SPS 1 MIN. REAR YARD 6,7 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 0 FEET MIN. PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX.ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING , 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT BH: Building Height(zoned height) SPS:Same as Principal Structure I ■ Page 4 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT B Rockedge Residential Planned Unit Development 1. The minimum lot width may be reduced by 20%,provided the minimum lot area requirement shall be maintained. 2. For multi-family product the front yard setbacks shall be measured from back of curb, or edge of pavement if not curbed. For all other unit types,front yard setbacks shall be measured from ROW line. The minimum 15'front yard setback may be reduced to 10'where the unit has a recessed or side-entry garage. Front-loading garages shall be set back a minimum of 23 feet from edge of sidewalk. 3. For corner lots, only 1 front yard setback shall be required. The yard that does not contain the driveway shall provide a minimum 10'setback. 4. The minimum distance between buildings may be reduced to 0' where attached garages are provided. However, the principal structures shall maintain a 1 0'minimum separation. 5. Accessory pool cage setbacks may be reduced to 0 feet when attached to a common privacy wall. 6. If single family development is pursued through the County's plat process,LMEs and LBEs will be platted as separate tracts. 7. When a lot abuts a lake maintenance easement(LME) or landscape buffer easement(LBE),the minimum rear yard shall be measured from the easement.Otherwise,the minimum rear yard shall be measured from the parcel boundaries. S. In order to support a canopy tree with a minimum 20-foot crown spread as required in LAC Section 4.06.05,individual lots must accommodate enough space for the entire 20-foot canopy to be located wholly within the lot boundaries,except where the lot is adjacent to a lake maintenance easement and/or landscape buffer easement, in which case, a portion of the required 20-foot canopy may protrude into such area.Applies to all residential lots within the PUP. Page 5 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT C il ii ROCKEDGE e LEGEND 11 ',1 ZONING:TTRVC RPUD MASTER PLAN g RESIDENTIAL I\ CURRENT LAND USE:RV . 1. PARK .- RA ; 1 1, JORMSROAD AREA ____ _ ___. L.--- : i P PRESERVE I 1 1 PROPERTY --; 1 F.:2.-,i.s.'1 TRAFFIC FLOW BOUNDARY \ I ••a....•.. . )I PATTERN s \I r:2:11 I 0 D EV I AT I ON S 1 1 is-rypc. i i 1 'w BUFFER--*--44q1 I :1 \' ZONING: ... .:..::- I WATER II A-AGRICULTURAL r.,,,...ri' 20' - -I.,- MANAGEMENT LAKE (SCATTERED SINGLE FAMILY RESIDENTIAL) I;-.'"1.-;`,,;:tf.l.- v...., ARCHAEOLOGICAL 1 Ie."4 AREA AMITY RD ESMT.& -S DRAINAGE SWALE ESMT, - i r.-. PRESERVE I i I MAT AGREEMENT it MAINE AGREEMENT O.R. I -1 I I I 3 BOUNDARY 2826 PG.2485 2926 PG.24115 R [ 1 :..,..:Li L.:,: _I - - -. i 1., l MARKER '—' — i.1.__- --,,- 1.6•TyPE R - I It 1 4BUFFER "Er BUFFER 1 i t LAND USE SUMMARY — ....._ 4.1 C il 17 = — I. --"-I TRACT LAND USE ACREAGE • "BLYBUIYPEFFER d ij l' 1 R IRA 1 1 TRACT 1r RESIDENTIAL - gi TRAcT"P" PRESERVE 58.43.1-AC 24.20+!AC ' ‘ 3 • 4 k I ; I 1..._ — — I j — Ix TRACT"RA"FtF_CFtEAT1ON AREA 051+1-AC 1 v:TRACT 9-• LAKE/WATER MANAGEMENT 1026+/-AG • ZONING:A-AGRICULTURE I ACCESS DRIVE/R.O.w. 12.64+I-AO I I CURRENT LAND USE:SINGLE FAMILY 1 _di li i g TOTAL 106.44 4-i•AC ›a II il 1----217'TYPE RESIDENTIAL,VACANT LAND 1 iv;% I I , '9•:BUFFER -9 I. „1 MAXIM DENSITY • I ) - -•-• 15'TYPE PROPERTY BOUNDARY-.1 UM "B'BUFFER — _ , , i 266 RESIDENTIAL DWELLING UNITS I 1 1 1 II I R I ': ' 1 I 180 DWELLING UNITS DERIVED FROM 1 1 1 BASE • 1 a 1 I I--15'TYPE I . . 1 i C I '. nli 1 = R 1 .11"euFn I I 1 a 1 DENSI1Y:106 FROM TDR'S ' I 1 , I . • I I RPUD)AASTER PLAN NOTES • I 1 my Fit i I /-PROPERTY 1 - II.WITHIN THE RPUD BOUNDARIES THERE WILL BE :EASEMENT li, . ' —-----, ,,,/ BOUNDARY I • -0 (7--:-.7-::,:- -:.1-;',,,-.::.7'.-7)i ! 0A 578. ! A MINIMUM OF 60%OPEN SPACE. 1 PG.33115 1 — 1.- - 7. .„1 1 ZONING:A- ' 2.THE FACILITIES AND IMPROVEMENTS SHOWN I 11 I 1, j 1..:'.*:".-.-.;',.: Y-F4P'';:'-; AGRICULTURE I i ON THIS PUD MASTER PLAN SHALL BE 1 ' q " 1 . 21,--4?7, ' ---.'t,%.:'..-V,:-.:: 1 CURRENT LAND USE: : I CONSIDERED CONCEPTUAL IN NATURE. 1 I I LME I -_ ....,,,_.,-,...,;-,-.,, SINGLE FAMILY ; 1 11::.--:_.___-"I' ll -., •: ,`.,:';',,.::` -.,_I;."..? RESIDENTIAL,VACANT LAND, I ' 3 THE DESIGN,LOCATION,AND CONFIGURATION 1 j • OF THE LAND IMPROVEMENTS SHALL BE .11 111 I DEFINED AT EMI ER PRELIMINARY H it 11 Ii _j 1 I il 1 I ' —10'TYPE 15'TYPE "K"BUFFER "B"BUFFER 1 . , 1 i 1 I is.ropE i SUBDIVISION PLAT APPROVAL,OR 7 1-2;1 CONSTRUCTION PLANS AND NAT APPROVAL I; '"D''BUFFER: , 4.REQUIRED PRESERVE:21.29 AC(25%OF 85.17 ÷1,.....--POTENTIAL FUTURE g I i k I V I INTERCONNECT AC OF EXISTING NATIVE VEGETATION. I/ i PRESERVE PROVIDED:2420 AC hi; I Iii 1 , ZONING:A• @ I 1 aa AGRICULTURAL 6 5. BICYCLE./PEDESTRIAN CONNEC11ON(S)TO ! : CURRENT LAND USE: I THE MULTI-USE PATH ALONG COLLIER IP i 1 10'1YPE NURSERY 1 . 30'RN/ I BOULEVARD . , ''A•BUFFER \ . ,'-n-'21--"-- MAY BE PROVIDED AT TIME OF PPL OR SDP. 1 ! PG.2S9 I RopERTy PROPERTY BOUNDARY EASEMENT .L I 6. MINIMUM LANDSCAPE BUFFERING BOUNDARY ZONING:A•AGRICULTURAL/MELFLOSE ROW',TO REMAIN /I REQUIREMENTS MAY BE MET WITH EXISTING CURRENT LAND USE NURSERY L PRESERVE.WHERE THE PRESERVE DOES NOT .,.1 _----- —------ r "-- ; ---- , MEET THE MINIMUM LANDSCAPE BUFFERING I; 7- ZOPUNG:PUO,YARDING&Ran J .1 REQUIREMENTS,PLANTING TO MEET THESE CURRENT LAND USE:RESIDENTIAL,VERONA 'D REQUIREMENTS SHALL BE REQUIRED. I .. 4... .. . •I ...a1f s1.M4a s w'vt o .ro1s.FAx.pn.s I 0E9 n ape WATERMAEPN L AET A RIOCKEDGE ROCKEDGE NSC RPU 2 PR2 WOM '''''F'Drar'ira.rr' ma eurtins ""•Mort—Kts, n Vs 21 MIS WAD MUM CCIMINMS WC Pi OWE . MASTER PLAN ,Kata,Rom, 1"'"". SPC , .:5771010114.."'PRIDP1/847.1{12211$ .4"1 at 2 „ rorrvarawaramommwar............8 er.rem.................a Page 6 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 t 1 1 EXHIBIT C 1 I 3 REGIONAL ROCKEDGE } VONING:PUD, CENTER RPLTD MASTER:PLAN CURRENNT LAND USE GIE FLAM LY - CURRENT LAND USE:PRESERVE RESIDENTIAL SUB-DIVISION Y 30'ROADWAY _ 3 _.._ _ _ — — _E +15 TYPE EASEMENT QR.635 W .- r V . w .♦y I i I __ R ^ I °e°BUFFER PG 1273- w +W r y ♦ i 1 'D'BUFFER ZONING:A-AGRICULTURE • :. .' Y. • V . V V I 7 _—_ I CURRENT LAND USE:SINGLE W i r V+ r w V V W + r .. w� FAMILY RESIDENTIAL W .W ♦ M W W W W I R V ♦: W+ + r i . V .w 1,. ---. a t . V i P., W . •. ZONING MPUD i' ; I J 1 I r W . ♦ W ♦ W W . .. HACIENDA LAKES R 1.5'TYPE O,i s + ♦ W ♦ ♦ CURRENT LAND USE: 36'WIDE -r BUFFER r r. . w. r +wI SINGLE FAMILY \ _ _ r . • .y . + W ♦ V . RESIDENTIAL II' OA347 . —_ , W V • • I:. . W ♦ . . 1 I . I O.R.11 \` v O.i W w • V P�,lap6 I 2'. /� /S♦.•;%%�....�...r r p•.. w PROPERTY Q f r.�♦.r♦.+♦i♦is sio.♦l+.0. . 'V.:s.°' V w I 1 i O.R24s9, '3"". ♦.s�°irioV♦ ♦d... ♦ w W "� BOUNDARY PG.584 1 I l;i,r '�� -.,..4:44x:::::70:::::;:•:::::. .��i�,* V r 3 I a TO BE I I I I "°i♦.�'i�ii�o��♦��+Ji` i♦i•♦ r r W ♦ ZONING.A VACA I` w.♦ir��i ii i♦r+.r♦L•1. i r ♦i + w !Y `� I z� I III 1 I �V1 r%ii::∎,r . w ,. W PoiO,.0:: V r 1 CURRENT LAND AGRICULTURE I 11 I. I; '",:;:h::::::::!..' 9♦4 4♦ 20' • • .• • c,♦ : .., a .V. i USE:SINGLE I I I LANE .. o^♦♦♦4 .. y��` t I 1 I ,♦�♦♦..±ri• W • .• • • .,'ter♦�� • W • I FATLY [ `'. RESIDENT AL ; 9v 1 r + . W .. + .. i Y' F or -- ----� W + W 1 R W I I 4 1 W ♦ W . r . w ♦ . W • A-AGRICULTURE } 4 w4�44 + . V W . . i'4' w. W W +r r V • W CURRENT LAND USE: I•( ..I _ —- - — ::♦•v•r l . ♦r•♦i jVACANT LAND 1 I I 15"TYPE " r♦*i.ii 0i.i"i y o W w + w + r , BBUFEi Y .a♦••• ♦4•• r •. •+ •W •• •W •i •W •W 44o j B' W ii Nip♦iii♦40'0 ••0.4 as4 V. r w • W . V .0> —^ 7 `�Y A4.. l a<..i u 1 / I ZONING:A-AGRICULTURE // I 1 "-PROPERTY BOUNDARY I CURRENT LAND USE:SINGLE FAMILY '.. . R RESIDENTIAL.VACANT LAND //f I POTENTIAL FUTURE BICYCLE/PEDESTRIAN I L, / 7-1 1 II I C INTERCONNECTION I '. I.., 71-4--2u ° I ZONING:A-AGRICULTURE I PROPERTY BOUNDARY-N,/ \ \--_. —.J CURRENT LAND USE:NURSERY/SINGLE FAMILY RESIDENTIAL J R 15'TYPE I ■ Z i ` �: I "8'BUFFER # LEGEND 1 i5 TYPE If "D"BUFFER / , J R RESIDENTIAL I R 15'TYPE RECREATIONAL • ,- �� '8'BUFFER PROPERTY BOUNDARY RA AREA. lc-' -,® R J P PRESERVE �,T�PE ZONING:A-AGRICULTURE TRAFFIC FLOW t I ,8, CURRENT LAND USE: �— PATTERN BUFFER NURSERY 15'TYPE 5 DEVIATIONS e 1 I/ R' �� . 'B"BUFFER J WATER �f PROPERTY BOUNDARY l -';: MANAGEMENT LAKE 1 LME I I I ZONING A-AGRICULTURE �•+� ARCHAEOLOGICAL CURRENT LAND USE: ;O!•!•!' AREA I (t\ II� I VACANT LAND PRESERVE I 1 a�_ . ._`, 1 -IS'TYPE r- B'Bt1FFEA BOUNDARY s._�_.,sBeni rwtMW�o , MARKER 20 TYPE— —� `D'BUFFER r — ..,' x7116■ ss. m.o.. m ` ' ,• • I�wnwpsra AT WATERMENATROIXEDGE ROCKEDGE. Ras�+ans m=AT.— NAPLES,LLC. RPUD 2 YE.OM ROUEN COUNTY Cpr40U5. ®rtat LL�uw4am a,c - ""47,99/11.S SK w 9V0V19 �lNGINEENNG - �R' eID MUSS ROUND C010RTCat*.NS iK w e>,oms .�.. 1"SAO r•••�WR' H�50[ MASTER 71A1+1 _pw.fl. * _s fanY I SPC I. ...7161.«.4�wrRRDNAl12JLL.]019 •••2 J . Page 7 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT D Rockedge Residential Planned Unit Development LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "Fl" OF THE PLAT OF ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE S0I°14'3 8"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "Fl" TO THE SOUTHWEST CORNER OF SAID TRACT"Fl"; fi THENCE S01°14'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID PARCEL: 1. S01°09'56"W FOR 617.91 FEET; 2. N89°34'54"W FOR 300.19 FEET; 3. S01°09'09"W FOR 43595 FEET; 4. N89°34'09"W FOR 150.16 FEET; 5. N89°38`05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF (E-I/2) OF THE SOUTHEAST QUARTER (SE-114) OF THE SOUTHWEST QUARTER(SW-1/4)OF SAID SECTION 23; THENCE N01°05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF (S-112) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE-114) OF THE SOUTHWEST QUARTER(SW-1/4)OF SAID SECTION 23; THENCE N89°48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970,PAGE 3362, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 1: 1. S01°05'19"W ON SAID EAST LINE FOR 303.80 FEET; 2. N89°37'28"W FOR 645.47 FEET; 3. N01°01'07"E FOR 302.01 FEET Page 8 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT D Rockedge Residential Planned Unit Development 4. S89°47'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL: 1. N01°01'01"E FOR 218.98 FEET; 2. N52°35'40"E FOR 646.23 FEET; 3. N40°29'08"W FOR 30.05 FEET; 4. N49°40'54"E FOR 22.10 FEET; 5. THENCE N36°22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER(SW-1/4) OF SAID SECTION 23; THENCE S89°42'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°01'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER(SW-1/4) OF SAID SECTION 23; THENCE S89°32'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER(NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE-114) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°57'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; Page 9 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT D Rockedge Residential Planned Unit Development THENCE N89°47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR)AND PARALLEL WITH THE WEST LINE OF SAID SECTION 23; THENCE N00°51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER(SW-1/4) OF SAID SECTION 23; THENCE N89°22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N00°58'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST(NE-1/4) OF THE NORTHEAST QUARTER(NE-1/4) OF THE NORTHWEST QUARTER(NW-1/4)OF THE SOUTHWEST QUARTER(SW-1/4) OF SAID SECTION 23; THENCE N89°01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER(SW-1/4) OF SAID SECTION 23; THENCE S01°05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR)AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE N89°01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-I/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING. LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK 321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL CONTAINS 106.44 ACRES,MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89°01'58"EAST. Page 10 of 14 11-17-2015 Rockedge RPUD PIA 2014.2246 EXHIBIT E Rockedge Residential Planned Unit Development LIST OF DEVIATIONS Deviation #1 seeks relief from LDC, Section 6.06.01.N which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the private internal streets that include public utilities. Deviation#2 seeks relief from LDC Section 5.03.02.C,which permits a maximum wall height of 6' in residential zoning districts,to allow a maximum wall height of 8' along the perimeter of the project, and allow a 12' tall wall/berm combination where abutting an existing public roadway. Deviation #3 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height,to allow a temporary banner sign up to a maximum of 32 square feet in area. The temporary banner sign shall be limited to maximum of 90 days per calendar year during season defined as November 1 to April 30. This deviation will remain in force until the project is sold out. Deviation#4 seeks relief from LDC Section 5.06.02.B.5, which requires on-premises directional signs to be setback a minimum of 10' from edge of roadway, to allow a setback of 5' from the edge of a private roadway/drive aisle. Deviation #5 seeks relief from LDC Section 5.06.02.B.14, which allows one (1) boundary marker sign or monument structure at each property corner with a sign face no more than 24 square feet, to allow the option of one (1) monument sign along C.R. 951 with a sign face of 64 square feet,rather the two(2)boundary markers that would be allowed per code. Deviation # 6 seeks relief from LDC Section 4.02.04.D.1, which prohibits doors and windows on the zero lot line portion of a dwelling unit,to allow windows. Deviation #7 seeks relief from LDC Section 6.06.01.J which requires cul-de-sac lengths not to exceed 1,000 feet, to allow 2,500 feet for the one cul-de-sac street identified on the RPUD Master Plan Deviation #8 seeks relief from LDC Section 5.04.04.B.3.e which limits temporary use permits for model homes to 3 years, to allow a temporary use permit of 5 years without the need to request approval of a Conditional Use petition. Deviation #9 seeks relief from LDC Section 3.05.07.H.3.a., which requires a minimum 25' preserve setback for all principal structures to allow a 12.5' side yard setback from wetland preserves for principal structures where identified on the RPUD Master Plan. The reduced setback is allowed in combination with a structural buffer as allowed by the SFWMD. Deviation #10 seeks relief from LDC Section 4.06.02.C.4, which requires a 20' Type D buffer along perimeter boundaries abutting a right-of-way for all developments of 15 acres or more, to a allow a 15' Type D buffer adjacent to right-of-ways where identified on the RPUD Master Plan Page 11 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT F Rockedge Residential Planned Unit Development DEVELOPMENT COMMITMENTS PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is Watermen at Rockedge Naples, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts,the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Commencing with submittal of the first development order that utilizes TDR credits, a TDR calculation sheet shall be submitted documenting that the owner 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 density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). TRANSPORTATION: A. At the request of Collier County, a Collier Area Transit(CAT)bus stop with shelter will be installed by the developer at no cost to the County. The exact location will be determined during site development plan review; however, every effort shall be made for co-utilization of the CAT stop for a school bus pick-up and drop-off. This shall be coordinated with the Collier County School District. If co-utilization is determined not to be feasible, then a site for school bus drop-off and pick-up shall be provided internal to the site. B. The owner, and its successors or assigns will be responsible a proportionate share of signalization and intersection improvements at Sabal Palm Road and Collier Boulevard (CR 951),when warranted. C. The Rockedge PUD Transportation Impact Study was based on a development scenario of 266 single-family detached units. The total trip generation was estimated in the TIS to be 253 PM peak hour two-way external trips based on ITE trip generation rates. The development scenario of 266 single-family detached units may change. However, the Project's estimated trip generation will not exceed a maximum of 253 PM peak hour two-way external trips. Page 12 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT F Rockedge Residential Planned Unit Development ENVIRONMENTAL: A. Project has 81.81 acres of native vegetation. 3.36 acres of non-native area have been included in the native vegetation preserve requirements due to a past clearing violation by previous owners. Native vegetation requirement is based on the 81.81 acres plus the 3.36 acres or 85.17 acres total. 25%of 85.17 results in a preserve requirement of 21.29 acres. The project is preserving 24.2 acres which is more than required. ARCHAEOLOGICAL: In 2014, a Phase I cultural resource assessment of the site was conducted by Robert S. Carr, M.S., of the Archeological and Historical Conservancy, Inc.This assessment(A Phase I Cultural Resource Assessment of the Rockedge Parcel, AHC Technical Report #1024) is a revised and expanded phase of work that follows a 2003 assessment of a portion of the Rockedge parcel. Seven previously recorded sites (CR726, CR873, CR874, CR875, CR896, CR897, CR898) and two previously unrecorded sites (CR1371, CR1372) were documented. Based on the discovery of CR1371, a small black earth midden, a Phase II assessment was completed and the report (A Phase II Cultural Resource Assessment of Rockedge #2, Site 8CR1371,AHC Technical Report #1044). Letters concurring with the fmdings, results, and recommendations (including Phase III mitigation)of the two reports were received on 12/31/15 and 3/04/15 respectively. In accordance with the Phase 1 assessment: A. Prior to any clearing or grubbing activities within 100 feet of the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map,a temporary construction fence shall be placed around the preserve areas. B. Any clearing of exotic vegetation within the archaeological preserve labeled "to be preserved" or"designated for Phase 3 mitigation" on the Archaeological Site Locations Map s shall be conducted by hand. No mechanical equipment shall be used within the archaeological preserves for clearing or debris removal. C. All activities of clearing, grubbing, and subsurface alterations such as digging for utilities ditches, water management lakes, roads and the like that are located within 90 feet of the archaeological preserves labeled"to be preserved" or"designated for Phase 3 mitigation" on the Archaeological Site Locations Map and archaeological sites labeled "not eligible to be preserved" on the Archaeological Site Locations Map shall be subject to archaeological monitoring. D. The site plan shows archaeological areas within the preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map. No storage of fill, equipment or supplies shall be placed in the archaeological areas within the native vegetation preserve. Page 13 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 EXHIBIT F Rockedge Residential Planned Unit Development E. Should any replanting or landscaping be permitted or required within the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map,such activity shall be coordinated with and monitored by an archaeologist. F. If any archaeological features or artifacts are discovered during construction or development activities in the Rockedge RPUD, all development and construction activities shall cease at that location until the site has been examined by an archaeologist and necessary efforts to protect and/or document such resources have been implemented. G. If additional human remains are discovered within the Rockedge RPUD, then the provisions of Florida Statutes Section 872.05—laws governing the treatment of unmarked human burials shall apply. Page 14 of 14 11-17-2015 Rockedge RPUD PL#2014.2246 i } I f 'lQ 01,22322$$ 4 _ roe. `. ORDINANCE NO.06-31 L'MI I~Jtio' • ORDINANCE OF THE BOARD OF COUNTY r. it ©MMISSIONERS OF COLLIER COUNTY, FLORID I N a ING ORDINANCE NUMBER 04-41, AS AMENDED,Pi Pith / THE COLLIER COUNTY LAND DEVELOPMENT CODE, ti I. , •WHICH INCLUDES THE COMPREHENSIVE ZONING 4 r` � 40119L94tit ,.. REGULATIONS FOR THE UNINCORPORATED AREA OF s COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM "A" RURAL - I AGRICULURAL TO"RPUD"RESIDENTIAL PLANNED UNIT DEVELOPMENT KNOWN AS ROCKEDGE RPUD LOCATED I ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY 6 TENTHS OF A MILE SOUTH OF ITS INTERSECTION WITH RATTLESNAKE-HAMMOCK ROAD, IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 1 COLLIER COUNTY, FLORIDA, CONSISTING OF 76A2& • I ACRES,AND BY PROVIDING AN EFFECTIVE DATE. I WHEREAS, Robert Mulhere, of RWA, Inc. representing Woodfield Builders, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property known as petition PUDZ-2003-AR-4991. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: The zoning classification of the subject real property located in Section 23,Township 50 South,Range 26 East, Collier County, Florida,more particularly described in Section 1.2 of the gg RPUD Document, is changed from "A" Rural Agricultural to "RPUD" Residential Planned Unit 3, i Development in accordance with the Rockedge RPUD Document,attached hereto as Exhibit"A" and incorporated by reference herein. The Official Zoning Atlas Map,as described in Ordinance Number 2004-41,as amended,the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County,Florida,this to day of J U n e.. _2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.•BIROC:K,:CLERK COLLIER COUNTY,FLORIDA `" C> 4.�u.I4c BY: AttAKt t bn'S FRANK HALAS,C i@ OIFlX. :. Approved'a;:_to form and. legal sufficiency. �.l46":1. 'This ordinance filed with the Marjo M.Student-Stirling �� 0 I of te's Office Assistant County Attorney and ocknowledgemedroj that PI1nf-2003-ARd99I/MUD filly calved th15 day EtY (1 Attachment B ROC KEDGE RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING ROCKEDGE RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREP ARED FOR: WOODFIELD BUILDERS, LLC 6604 RIDGEWOOD AVENUE NAPLES, FLORIDA 34108 PREPARED BY: ROBERT J. MULHERE, AICP I1WTA" C()NSULTING ........ Y y...L ..... 6610 Willow Park Drive Suite 200 Naples Florida, 34109 R. BRUCE ANDERSON ROETZEL & ANDRESS LAW FIRM 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 6/06/2006 2006-31 2004-41 EXHIBIT A T ABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Section V General Description, Property Ownership and Legal Description Project Development Requirements Development Standards Preserve Area Development Commitments 11 1-1 II-I III-I IV-I V-I LIST OF EXHIBITS. TABLES. AND APPENDIX EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" TABLE "I" TABLE "II" RPUD MASTER PLAN VICINITY MAP BOUNDARY SURVEY DENSITY CALCULA nONS DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE The development of approximately 76.46 acres of property in Collier County, Florida as a Residential Planned Unit Development, to be known as the Rockedge RPUD, with an affordable housing component consisting of at least 30 percent of the units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), will be in compliance with the goals, objectives and policies of Collier County as set forth in the adopted Growth Management Plan (GMP). The required 30% is based upon 55.97 acres of the project which qualifies for the affordable housing density bonus as set forth in the GMP. Based upon the allowable base density on the 55.97 portion of the project, and the 285 bonus units requested, 111 affordable housing units are required. The proposed residential development, and accessory uses and facilities are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is located within the Urban Mixed Use DistrictlUrban Residential Fringe Subdistrict as identified on the Future Land Use Map as provided for in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element (FLUE), and the proposed residential development is consistent therewith; 2. The project is proposed to be a residential development located within the Urban-Mixed Use DistrictlUrban Residential Fringe Subdistrict, as identified on the Future Land Use Map (FLUM), of the FLUE. The FLUE provides for a density bonus within the Urban Residential Fringe Subdistrict in the case of specifically identified properties of up to 6.0 additional units per gross acre for projects providing home ownership for residents earning 80% or less of Collier County's median income, pursuant to the provisions of the Collier County LDC 2.06.00, excluding subsection 2.06.03. Table 1. below sets forth the allowable and requested density for the project. The subject project is eligible to receive a density bonus of up to six (6) dwelling units per gross acre on the 55.97 acres of the project that qualifies for this density bonus. The requested bonus on the 55.97 acres is 5.09 DUs per acre, which yields a total density for the entire Rockedge RPUD of 400 dwelling units or 5.23 units per gross acre, as set forth in Appendix "B" of this PUD, the Affordable Housing Density Bonus Agreement. This is less than the maximum 5.90 DUs per acre that can be requested under the FLUE provisions. The requested project density is therefore consistent with the FLUE, Policy 5.1 of the Collier County GMP. 11 Aeres Urban Residential Frin e (URF) URF Affordable Housing Density Bonus 76.46 acres 1.5 DUs/Acre Gross Base Density , Allowable. . 115 DUs Requested .',. Density per Acre 1.5 DUs/Acre 115 DUs 55.97 acres 6.0 DUs/ Acre 336 DUs 5.09 DUs/Acre 285 DUs Totals (for entire 76.47 acres) 5.90 DUs/Acre 451 DUs Table 1: Density Calculations * Rounded up per LDC definition of Density, Residential. 5.23 DUs/Acre 400 DUs 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. Moreover, these units will be provided for fee simple purchase. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" an area where planned infrastructure and services will be available. 5. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the balance of the RPUD, a planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses, and will enhance the transportation network by providing for future interconnection to properties to the north and to the south, as depicted on the RPUD Master Plan. 7. The development of the Rockedge RPUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.G of the FLUE. 8. The Rockedge RPUD is consistent with and furthers Policy 5.5 of the Future FLUE in that it is using existing land designated for urban uses. 9. The Rockedge RPUD implements Policy 5.6 of the FLUE in that a minimum of 60% of the project will be open space and a minimum of 25% of the project's existing native vegetation will be preserved on-site. 10. The Master Development Plan, with its natural preserve areas, lakes, recreation, and other open space areas, will insure that the developed project will be an attractive and enjoyable residential development. 11l 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 the Rockedge RPUD. 1.2 LEGAL DESCRIPTION A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A 4 INCH CONCRETE MONUMENT MARKING THE CENTER SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23, N.89000'52"E., A DISTANCE OF 664.38 FEET; THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.0I013'49"W., A DISTANCE OF 1,350.38 FEET; THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET; THENCE S.89041 '40"W., A DISTANCE OF 1 ,325.03 FEET; THENCE N.Ol oOO'34"E., A DISTANCE OF 331.32 FEET; THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET; THENCE S.00054'44''W., A DISTANCE OF 329.05 FEET; THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET; THENCE S.00058'O 1 "W., A DISTANCE OF 330.10 FEET; THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF A 100.00 FEET WIDE CANAL THAT RUNS PARALLEL TO AND 100 FEET EAST OF THE WEST LINE OF SAID SECTION 23; THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.00050'28''E., A DISTANCE OF 984.20 FEET; THENCE, DEPARTING FROM SAID EAST RIGHT-OF-WAY LINE, N.89023'49"E., A DISTANCE OF 894.94 FEET; THENCE N.00059'07''E., A DISTANCE OF 662.00 FEET TO A POINT ON THE SAID EAST- WEST MID-SECTION LINE; THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE OF 996.67 FEET; THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.00057'32''W., A DISTANCE OF 327.91 FEET; THENCE N.88058'25"E., A DISTANCE OF 663.65 FEET; THENCE N.Ol o05'18"E., A DISTANCE OF 327.46 FEET TO THE POINT OF BEGINNING. CONT AINING 3,330,396 SQUARE FEET OR 76.46 ACRES, MORE OR LESS. 1- ] 1.3 PROPERTY OWNERSHIP The property ownership is as follows: All parcels owned by: Woodfield Builders, LLC 6604 Ridgewood Avenue Naples, Florida 34108 1.4 DEVELOPER The Rockedge RPUD is intended to be developed by Woodfield Builders, LLC, references to the "'Developer" as may be contained in this RPUD Document shall mean Woodfield Builders, LLC, unless, and until the subject property described and depicted in this RPUD Document is conveyed, Of assigned. 1.5 PHYSICAL AND LOCATIONAL DESCRIPTION The subject property consists of +/- 76.46 acres and is located on the east side of Collier Blvd. (CR 951), approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (south of John's Road), in Section 23, Township 50 South, Range 26 East, Collier County, Florida. The property is designated Urban, Mixed Use District, Urban Residential Fringe Sub-district, as is the surrounding land on the east side of Collier Boulevard. The existing lands uses on the site include: unimproved roads and both disturbed and forested land. The Master Plan sets forth +/- 25.32 acres of preserve areas, including 21.86 acres of wetland preserve and 3.46 acres of archeological preserve areas. The RPUD property contains 65.54 +/- acres of native vegetation. The LDC requires preservation of 25% of the existing on site native vegetation, or a minimum of 16.39 acres. The PUD Master Plan indicates that 21.86 acres or 33% of the site is labeled as Preserve and shall be placed into a conservation easement. The property is not located within a Flood Zone (Zone X, Community Number 120067, Panel Number 610D). The water management system consists of approximately 10.0 acres of water management lakes and lake maintenance easements that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be split to the east and west parameters of the subject property. Discharge will either be entirely or partially into the Collier Boulevard (C.R. 951) Canal right-of-way, and to the extent permitted by the South Florida Water Management District to the west side of the subject property, or, discharge and re-hydration into the wetland preserve on the east side of the subject property. Allowable discharge rates will be in accordance with Collier County Code of Laws, Section 90-21 (Ordinance No. 90-10), as amended. 1-2 1.6 PROJECT DESCRIPTION The Rockedge RPUD is a residential planned development, which will be developed with up to 400 multi-family units. The maximum allowable gross density is 5.23 dwelling units per acre. A minimum of 30 percent (111 units) of the density generated from the 55.97 acre parcel which qualifies for the affordable housing bonus are required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD). This is an Affordable Housing Project and the Affordable Housing Density Bonus Agreement is made a part of this PUD Document and identified as Appendix "B". The amenities proposed to be provided in the project include structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. The required children's playground/tot lot area will be provided prior to, but not later than, when certificates of occupancy are issued for 35% of the allowable units for this project. Access to the property will be from Collier Boulevard (C.R. 951). In the vicinity of the project, both Collier Boulevard and Rattlesnake Hammock Road's scheduled to be widened to six lanes. These improvements are funded in the current Transportation Five-Year Work Program. Rattlesnake Hammock widening has already commenced and Collier Boulevard is scheduled to commence in 2006. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Rockedge Residential Planned Unit Development (RPUD) Ordinance". 1-3 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 Rockedge RPUD development, as well as other project relationships. The RPUD is intended to be developed with a maximum of 400 multi-family dwelling units, of which, a minimum of 30 percent (111 units) of the density generated from the 55.97 acre parcel which qualifies for the affordable housing bonus are required to be sold to HUD. The project will also include accessory recreational facilities, preserve areas, water management lakes, and other similar ancillary uses. 2.2 GENERAL A. Regulations for development of the Rockedge RPUD shall be in accordance with: the contents of this document; the RPUD-Planned Unit Development District of the LDC, Section 2.03.06; and, other applicable sections and parts of the LDC in effect at the time of building permit application. Where these RPUD regulations fail to provide specific developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building pemlit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Rockedge RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 10.02.07, Adequate Public Facilities, of the LDC, at the earliest or next to occur of either final site development plan approval, or final plat approval. II-I 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout internal access drives, conceptual water management plan, and residential land use and preserve tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. B. Areas depicted as lakes on Exhibit "A", shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention, and/or littoral zones for habitat recreation purposes. Such areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A", except where redesign or revisions are permitted as outlined in paragraph C. below. C. Internal drives, water management lakes, internal tract boundaries, and parking areas may be modified, relocated and/or revised as necessary to accommodate state or federal permitting conditions, site design changes and market conditions, provided that such internal design changes do not impact or reduce preserve tracts. The project access point at Collier Boulevard may not be revised except by approval of Collier County Transportation Staff, or as a result of a PUD Master Plan change. D. In addition to the various areas and specific items shown on Exhibit "A". such easements as may be necessary (utility, private, semi-private) shall be established within or along the various tracts. 2.4 MAXIMUM PROJECT DENSITY A maximum of 400 residential dwelling units shall be developed within this project. A minimum of 30 percent (111 units) of the density generated from the 55.97 acre parcel which qualifies for the affordable housing bonus are required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD). The gross project area is approximately 76.46 acres. The gross project density shall not exceed 400 total units or 5.23 dwelling units per gross acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the issuance of any final local development order for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the LDC. B. Any division of property and the development of the land shall comply with Chapter 10.02.04 of the LDC and the platting laws of the State of Florida. 1I-2 C. The provisions of Chapter 10.02.03 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 LAKE SETBACK AND EXCAVATIONS Lake setbacks shall conform to the requirements described in Section 22-112(b), of the Collier County Code of Laws and Ordinances. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 22-112(c) of the Collier County Code of Laws and Ordinances. Offsite removal of fill during construction of Rockedge RPUD shall be limited to ten percent (10%) of the total volume excavated, to a maximum 20,000 cubic yards, unless a commercial excavation permit is received. 2.7 RIGHTS-OF-WAY The project will utilize internal driveways to access the site, multi-family dwelling units, and recreational facilities. Utilization of lands within all project rights-of-way and/or internal driveways for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", are permissible as provided for in Chapter 1 0.02.l3(E) of the LDC. Minor changes and refinements as described in Section 5.3.C of this RPUD Document may be made in connection with any type of development or permit application required by the LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements, dedications, or other instruments shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Rockedge RPUD. II-3 Whenever the Developer elects to create land area and/or recreation amenities, the ownership and maintenance responsibility of which is a common interest to all subsequent purchasers of residential units or real property within the Rockedge RPUD, the developer shall provide appropriate legal instruments for the establishment of one or more property owners' associations, or a master association. In such case, the property owners' Association or Master Association shall include provisions for the perpetual care and maintenance of all common facilities and open space, for which the respective association has such obligation, subject further to the provisions of the LDC. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales centers, administrative offices and other uses and structures related to the promotion, sale and/or rental, and management associated with the development shall be permitted as a principal use throughout the Rockedge RPUD subject to the requirements of Chapter 4.05.00; 4.06.00; 5.06.00; and 5.04.04 ofth LDC. Permitted accessory uses to the promotion, sale and/or rental, and management of the development includes: pavilions, viewing platforms, gazebos, parking areas, and signs. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan (SDP) application(s) for residential models, may be submitted concurrently with applications for subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion of the clubhouse facilities may be used as a permanent sales facility to be utilized to market residential products, including re-sale of residences within the boundaries of this Rockedge RPUD, as well as for on-going project administration. 2.11 CLUBHOUSE Site Development Plan (SDP) application(s) for the clubhouse and related recreational facilities may be submitted concurrently with applications for subdivision plat to depict the location of the clubhouse and related facilities within the proposed future platted tract, and may be approved simultaneously with the plat approval. 11-4 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Rockedge RPUD. Fill material generated may be stockpiled within areas designated for residential development for a period not to exceed 18 months in any single location. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3: 1. B. Stockpile maximum height: thirty-five (35) feet. C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five (5) feet over residential development areas that are depicted on an approved Site development Plan (SDP), or approved subdivision construction plans, no fencing is required. D. Soil erosion control shall be provided in accordance with Subsection 1O.02.02.C of the LDC, and stockpiling retained for periods greater than 90 days shall be seeded with grass. If fill is spread to a height le[;s than five (5) feet over residential development areas that are depicted on an approved site development plan (SDP), or approved subdivision construction plans, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in preserve areas or surrounding buffers. 2.13 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Rockedge RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final plat or site development plan (SDP) approval, as applicable. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.04 of the LDC; a minimum of 16.39 acres (25% of the 65.54 acres of viable, naturally functioning native vegetation on site) is required to be retained or replanted. The RPUD Master Plan reflects the preservation of 21.86 acres of native vegetation, and an additional 3.46 acres of land is to be preserved to protect archeological resources, but is not counted towards the required 25% native vegetation preservation requirement. 11-5 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "Rl" and "R2" on the RPUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be 400 dwelling units. 3.3 USES PERMITTED No building, structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. TRACT R: 1) PRINCIPAL USES: a. Multi-family dwellings. b. Model Homes and Model Home Centers (See Section 2.10 of this RPUD Document). c. Project sales and administrative offices, which may occur in residential or recreational buildings, and/or in temporary buildings until similar use determined by the Board of Zoning Appeals, to be comparable with, and compatible to, the above listed Principal Uses, subject to the provisions and procedures set forth in Section 10.08.00 of the LDC. 2) ACCESSORY USES: a. Customary accessory uses and structures including, but not limited to, clubhouses, playgrounds, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities. b. Utility facilities and or easements (including rights-of-way easements). c. Signage (see Section 5.11 of this document). d. Water management facilities/lakes. e. Storage areas, for the exclusive use of the residents of the RPUD. III-I f. Any other similar use determined by the Board of Zoning Appeals, to be comparable with, and compatible to, the above listed Accessory Uses, subject to the provisions and procedures set forth in Section 10.08.00 of the LDC. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. (All required yards shall be measured from the perimeter boundaries of the PUD.) B. RESIDENTIAL DEVELOPMENT STANDARDS: TABLE Il: RESIDENTIAL DEVELOPMENT STANDARDS MULTI-FAMILY CLUBHOUSE PRlNCIPAL STRUCTURES: 2,3 MIN, LOT AREA 10,000 N/A 150 FEET N/A 600 S.F, N/A 20 FEET N/A 15 FEET N/A 15 FEET N/A A VERAGE LOT WIDTH MlN FLOOR AREA FRONT YARD SIDE YARD REAR YARD MIN, DIST, ' BETWEEN STRUCTURES 20 FEET NIA FROM PRESERVE TRACTS' 25 FEET 25 FEET MAX. BLDG. HI. 3 FLOORS OVER PARKING NTE 45 FEET NIA ACCESSORY STRUCTURES (INCLUDING GARAGE.sl~' 3. 4 FRONT SPs 15 fEET SIDE SPS 7.5 fEET REAR 10 FEET N/A FROM PRESERVE TRACTS (ALL STRUCTURES AND SITE ALTERATIONS) , I 0 FEET 10 FEET MAX SLDG HI. SPS. 35 FEET MIN, DIST, BETWEEN STRUCTURES 15 FEET SPS III-2 NOTES: S,P.S,: Same as Principal Structures. BH: Building Height. Building shall be measured as set forth in the LDC NTE: Not to Exceed IThe location of structures proposed adjacent to a "wetland" preserves shall be subject to the provisions of the LDC in effect at the time of development. Site alterations are prohibited within 10 feet of the preserve boundary unless it can be demonstrated that such alterations, included placement of fill or structural barriers within 10 feet of preserve boundary will not negatively impact the preserve", 2Structures shall not encroach into landscape buffers, except as may be permitted in LDC (such as for water management structures, signs, and the like). 3 All Setbacks (Front, Side and Rear) are measured from parcel boundaries. 4 Front loading garages shall have a minimum front yard setback of 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. III-3 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. Preserve areas include those tracts identified as Archeological Preserve "AP" and Preserve "P". This PUD contains 21. 86 acres of lands designated "P" Preserve, and 3.46 acres ofland designated "AP" Archeological Preserve. The primary function and purpose of this Tract is to preserve and protect identified archeological sites, native vegetation, and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of local, regional, State and Federal permits, when required: Principal Uses: 1) Open spaces/nature preserves. 2) Water management structures. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies, provided any such passive uses does not impact the minimum required native vegetation. IV-I SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with approved site development plans, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III of the proposed Construction Standards Manual shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominiumlhomeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments, except to the extent the developer Of its agents remain in control of such association. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. These commitments will be enforced throughout provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, until the turnover of the property to any property or homeowner's association. 5.3 RPUD MASTER DEVEl.lOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan applications. Subject to the provisions of Chapter 1 0.02.13.E of the LDC, as amended, and amendments which may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. V-I __""1.; ~. 5.4 ARCHEOLOGICAL SITE PRESERVATION In July of 2003, a Phase One Archaeological Assessment of the site was performed, by John G. Beriault, B.A., under the direction of Robert S. Carr, M.S., of the Archeological and Historical Conservancy, Inc. Three previously unrecorded sites (CR873, CR874, CR875) were discovered and one, (8CR726) was previously recorded and is predominantly located within the Collier Boulevard ROW (CR951) right-of-way. Relative to 8CR 726, the Phase One Archaeological Assessment report states: "Extensive judgmental testing .. .indicates that this area has been so severely impacted by prior mechanical clearing and scraping that only minimal in situ archeological material remain. The Phase One Archaeological Assessment describes CR873 as "a patchy scatter of faunal bone..." The report describes CR874 and CR875, respectively the Rockledge Midden and the Hamelia Midden sites, as "intensive .. . containing ... a variety of artifacts, marine shell, and faunal bone." One human bone was recovered from CR875, the Hamelia Midden, "... suggesting the possibility that a prehistoric grave or cemetery could occur in association with... the midden sites." While it is not feasible to preserve CR873, as it falls within a necessary development area, the PUD master plan has been designed to preserve in perpetuity the two intensive and significant sites, Rockledge Midden (CR874) and Hamelia Midden (CR875). Further, the following additional recommendations contained in the Phase One Archaeological Assessment shall be applied as conditions of this RPUD: A. Prior to any clearing or grubbing activities within 200 feet of the archeological preserves, a temporary construction fence shall be placed around the preserve areas. B. Any clearing of exotic vegetation within the archeological preserves shall be conducted by hand. No mechanical equipment shall be used within the archeological preserves for clearing or debris removal. C. All activities of clearing, grubbing, and subsurface alterations such as digging tor utilities ditches, water management lakes, roads and the like, within 100 feet of the archeological preserves shall be subject to archeological monitoring. D. No storage of fill, equipment or supplies shall be placed with the native vegetation preserve areas (which include the archeological preserves). E. Should any replanting or landscaping be permitted or required within the archeological preserves, such activity shall be coordinated with and monitored by an archeologist. F. If any archeological features or artifacts are discovered during construction or V-2 development actIvItIes on the site outside of the designated archeological preserves, all development and construction activities shall cease until the site has been examined by an archeologist and necessary efforts to protect such resources have been employed. G. If additional human remains are discovered then the guidelines for Florida Statute Section 872.05, the Unmarked Grave Act, shall apply. 5.5 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Chapter 10.02.13.D, of the LDC, as amended. B. An annual RPUD monitoring report shall be submitted pursuant to Chapter 10.02.13.F of the LDC, as amended. C. A proportional amount of the recreational facilities must be open and available for use by residents. 5.6 TRANSPORTA TION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Consolidated Impact Fee Ordinances and LDC Sections 6.02.00 and 10.02.07, as amended. E. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. V-3 F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. The exact location and final design of the access point on Collier Boulevard shall occur during SDP review. This design shall incorporate provisions for access to the three parcels immediately to the north of Amity Road. The developer shall coordinate with the County and/or the County's designee to ensure that the access locations and design are consistent with the 6-lane improvement plans for Collier Boulevard. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right.of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. The PUD Master Plan depicts a shared access (interconnection) with an adjacent property to the north, as well as future connections to John's Road to the north and interconnection to the south to provide for potential future access from the project to Sabal Palm Road. In addition, the Master Plan depicts potential future interconnection to the north and south via the existing FPL easement, and proposes a future pedestrian interconnection to the Collier Regional Medical Center. The developer, or assigns, shall assure that these interconnections shall accommodate the perpetual use of such access by incorporating appropriate language into the applicable development covenants, and SDP or plat. V-4 L. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Costs, as amended. Payment shall be required within 30 days of approval of zoning petition by the Board of County Commissioners. M. At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer. The exact location will be determined during site development plan review; however, every effort shall be made for co- utilization of the CAT stop for a school bus pick-up and drop-off. This shall be coordinated with the Collier County School District. If co-utilization is determined not to be feasible, then a site for school bus drop-off and pick-up shall be provided internal to the site. N. The project shall be phased as follows: Phase One: Phase One shall be limited to a maximum of 80 dwelling units, of which a minimum of 50% shall be affordable units. Phase Two: Phase Two shall be limited to 142 dwelling units including any additional affordable units necessary to reach total of 111 affordable units. COs for these units shall not be issued until 2008. Phase Three: COs shall not be issued for the remaining 178 units prior to February of 2009. 5.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the LDC and South Florida Water Management District Rules. C. The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. 5.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: V-5 A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 5.9 ENVIRONMENT AL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Collier County Environmental Services Staff. All conservation areas shall be designated as "Preserve" tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Tracts or easements shall be dedicated on the plat to the homeowners association for ownership and maintenance and to Collier County with no responsibility for maintenance. If property is not to be platted, as may be the case with a multi-family Site Development Plan (SDP), a recorded conservation easement is required before SDP approval. B. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. C. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. Site alterations are prohibited within 10 feet of the preserve boundary unless it can be demonstrated that such alterations, included placement of fill or structural barriers within 10 feet of preserve boundary will not negatively impact the preserve. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". A Habitat Management Plan for those protected species shall be submitted to Environmental Service Plan Review Staff for review and approval prior to final site plan/construction plan approval. V-6 E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas (Preserve Area Management Plan), shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and a time schedule for removal of all Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, throughout the RPUD. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, within preservation areas, shall be removed and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. All listed plant species found in areas of impact, including pop ash FLUCFCS code 616, shall be relocated by qualified biologists prior to development. Detailed relocation plan shall be reviewed and approved by Environmental Services staff prior to first development order approval. G. The RPUD, shall be consistent with the environmental sections of the Collier County GMP, Conservation and Coastal Management Element. Development within this RPUD shall be in conformance with the applicable provisions of the LDC jn effect at the time of final development order approval. H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/ construction plan approval. 5.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, a construction operation/management office, and model center which may be constructed after zoning approval (See Sections 2.10 and 2.11 of this RPUD Document). 5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout the Rockedge RPUD, except in Preserves. The following standards apply: A. Landscape benns may have the following maximum side slopes: 1) Grassed berms 4: 1. 2) Ground covered berms 3: 1. 3) Rip-Rap berms 2: 1. 4) Structural walled berms may be vertical. B. Fence or wall maximum height, adjacent to Collier Boulevard: a fence or wall, or fence or wall and berm combination, not to exceed 8 feet in height, may be y-? erected along the project's frontage on Collier Boulevard. All other fences or walls shall conform to the provisions of Section 5.03.02 of the LDC. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 5.12 POLLING PLACES Pursuant to Chapters 2.01.04 and 4.07.06 of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An Agreement between the Developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. 5.13 PARKS & RECREATION FACILITES In addition to any recreation facilities that the developer may choose to develop within the project, the developer shall install a playground to serve children ages 2-12 years old, which meets ASTM standards. This required playground/tot lot area will be provided prior to, but not later than, when CO's are issued for 35% of the allowable units for this project. V-8 "-'D. w. 't' IllDOln' lMIl\II!LOfOOIl __a_~______.._____ -_____w_ww_______...___.. Ii i flII\.(J"M) i I . I ~. " II ~-i- i __.___~a( ----- .----.., \ . , ! g \ ~ f \ i, ~ I Ir ~ ~ i a B ~ I~ ~I I' s I ~ ~ 8 " 1 s g I l. '4 f~ !I ~ ~I EXHIBIT A il i MASTER PLAN I ~ lNle\o'ELOND.~~y l.AIe\.u -- ....., """ -~ OO<WOD --- . -- ~ ~-- -... "'" - S I ROCKetJa RPLV 1?~T"~ ~__.~ .t~s~T~ -......~ ----............-... ..-- -..--. .......... -- woOt/flew @U/i..{;}f:R$. l-l-C RPW MA,511:R PL,AN +. I Ul!llllll,III11I1'lilli II I il'UI'i!'U!i!i11 : "i _ I. It. -,,',. 'I tll I n!li!iliiiiiiijf I, !i i ijili!Hmm;t II ~ I'IIJIl1lll!!411111 I ~ ' I'. " it" I', ipi II' I j I' ll::!j:: I' ! IIII 'I'll I I' !il,m i~ill !'IIII t I", . , , ,'II " 'j 11 . ~ Exhibit "Bn NAPLES HERITAGE GOLF AND COUNTRY CLUB NAPLES HERITAGE GOLF AND COUNTRY CLUB 9 NAPLES NATIONAL GOlf CLUB 10 1 1 N W~E ~ SAN MARINO s THE CLUB ESTATES WATERFORD ESTAn:S 16 NAPLES FOREST COUNTRY CLUB 15 FIRST ASSEMBLY OF GOD 13 HUNTINGTON WOODS HAMMOCK PARK COMMERCE CENTER 4 SWAMP BUGGY DAYS LElY COUNTRY CLUB 21 COllEGEWOOD COllEGE PARK 23 24 SIERRA MEADOWS SA8AL PALM ROAD LEl Y. A R ORT COMI.AUNIiY ll) Ol Ii S 28 27 a 0: c( > W ..J => a 1Il 0: W :3 26 WINDING CYPRESS ORI 25 u 35 .36 Oct 24, 200J - 09:41:09 P:\2002\02-016J,OI Mansour PUD\OOOJ PUD Rezoning\RPUD de Water Management Plans\("hibils forPUD\2D16JXOl.dwg UW T A~C En~ms. CONSULTING Surveyors & Mappcrs. .:11...... Y Y.L ..IL. Planners, Project Managers 3050 Nor1h Horsesho. Dnve. Su(. 270 Naples, Rorid. 34104 Phon.: (239) 649-1509 FAX: (239) 849-70S6 Ql.TE, CLIENT: OCT., 2003 WOODFIELD BUILDERS, LLC SCAlL N.T.S. DRAWN fly. A.S. CHECKED flY; R.J.M. TITLE: NEWTOWN SQUARE RPUD VICINITY MAP SJ~ ;"s ;~~ ~~~~~O 2 - 0 1 63.0 1 ~~~~f:R: 1 OF 1 ~I~~BER: 201 63XO 1 . " ~ III I . .. iiil ~ ..~ ~ ~ fff if f I Hir ulr ~ ~ c: :!l 2: '" ~ 6 ~ ~ VI r- C 0 ~ ~ r= (") Exhibit "e" . C,R. 951 (COLUER BOULEVARO) ii. !l PUBUC RIGHT -OF-WAY 'I _ "....,.., NUI"M -.. .-...c..- I I ~~~- --.n"!.!!!:! - - IGTUMlaC'1DifU ;j -_.-,---,--........ -I~-;;;:;_~' -nr------~!!'.L.J!!!.:!L~ II. - - - -t.!!;t '~J '''VII', ...,,..C.) T - - ~ ,- - - - - - - -:i~ I"' ~II rc:i! I ! -'. len U I I \ I II ! ! ,I I. Li.-L .. I ,. ,'I ~ .. " 11 ~~II-; I Ii ~t~~ ~: I c' I ~I~ Il I ! I ' I 'lg!} ~ I! l~ '11,1'1"1 JI !I!! I I I Iii' Ja_ l: Hq 1;ll;li~r {fJ : i I I I ~!=-_ · 0; il 1 I~I I'~(J. I j - _ _ _ -!II_ 1_ ,Ii _ . I 'if I _....... T I it- - - - r - - - - - ~----\ ,,,,.. Ii -f-lb.-1-.:::r-- -=_::...f=...= - - - - I II II i5~ ir ------ I \! t t f'" I~ 11 I ~ i I P II ~ ~ I I . \ -1;'1'- : ~i I cp I I ~' '-.' II ~ I P ~~ '" ~ I H I II t '" ~ I j I ~ ~ ~~ ~ I I II ~I I H;11 I , ~i ilif f------l---l--1 --____J ~ '= I ~l - Illi I ~I~ I .~~ ! · , J ! nit ~ . ,: I I ,I I P i I ~I It I I I I I I I I I I I I I I ------- 7"=:::-==-=-= I ,i " ( ;.I[ _~~ .!~ ~ \ } ii -, i~ . . j ~ :UI' II~an'ill I ~. ~' i i i! iiiiiii!i~ii~i!! I I ~I > illl II!' hi h!~ III z Hi &J'I,I I ~ Ii l II I" ~ s ~ III g. z I. I e ~ II ~ It -I :oJ II :~ '" ~l "D c: I 0 I! z' I II~ II ~u i: II ~r Ii II~ I: I'll: ~I! !~ !ii Ii i II ~ )11 ii !i ~111!li , EIIIl I, I! II ~l.f 'I' III 11'111 II d ,id Iii 11111 s ,p I I I If I" '.1. ! 1.1,; r'l 'it . II tllll'i 5 :!!ini! h ~ nq !Ii :i~!) ! I~! !III' :!. I Jill i ; :I~I! I Idl ul 'II. 'I i ..II IPI 'II 'III II: - ~ ~Iilt!. '11)1 ,,"ul )1 i! II Ii. Ii! ~ I'b i~I" I Jill.. I' e I. 1;<< ! It!'. . (51 I i I . 1;1 I IIfIlU:UfllIIUJlilli I d'JU'Jiri!mmJ i' ~ "' · i ~~ I? I!Mm~' I' II I I ..,I.hr.....~.j III' I ~ mi!Hd!!!!!!H II ;i r nlel"mmi!1 ; Iii I Ui~lj::mm~j~ ( I It e · 5'J!~' ..<< Il I ! PI~h~~! ~ i i .i a,' i.>l-I i ~ I I' ,1' ~i & i' ' i'dil! ~ . ~ Ii ,U:1ii ~ ?I' IIi !.. .' Ii ~. t. i ,I ~~ << 'I, i C t I . PUD. LEl Y RESORT UNDEVELOPED ~------=~~=~()Llt~~~L~~~~:~95i;~~~~-~~~~i;~~;::~ - - ~~:::._~~-~=~:=~--=:= =-~:~-? - - - - -- --- -- --- --- -- - --"==::<i~-'" _ ,-- 100' CANAL RIGHT OF WAY _ ~ ------1 ~-----~-----------------~---n-r.2---I-- l,~ " Il" ~~ :; I ~g: ee ~al c " ! ~ I I I,~~~ o " 2}> ~,. "''' O;D ~2 I zr ~C! ,.;D ~'" C ------------ -------..---.- ~~ I ----- -- ---- -- ---(')- -----....- --.-- ee zr ~~ ~'" o z I e ~ ;D :< ,. i!i,. ~ ~, en,. ~@ r() ~ ~~ .,0 _;D ~'" ~-- 0 e i!l ~; ~ M;~ .. U e^ ~" ~2 a' ~m ?}~ )! ~~X:~:~/ ~m """",",:J(X)> ac '""" Ill>> '" <OS 26t ""'-" 1""'120' DO."", CLN. """"" '.JM 02-a6~.Of 2OI6!K>J(Q -- . ~ 9 < ,. ",. ,.' ~e> d1 Z() g? ~~ '" o , , , , , , , -1._ g 2.1>- l~ J;! 1>- ~.! ~~ = ~2 ~!:1 !;i ~'" o ,: r (7~~".~~~~ll ~I ) : ill . 1'1 ~ , I i IIIII1 ~'ll , III ~ I ~ IH ~JII =~ (0/ ~ ~ >l ~ () -f i A, AGRICULTURE UNDEVELOPED, AND SINGLE.FAMIL Y LAND USES woOt/f1tL./? r3UIL-tJt5, L-L-C """ RPW MASrtR PL-,AN i'!~~ li!!~ J;i~~ ;'H!l ~~~~j '1;'1 i..l ~i~ !i:L 1,:I! ll~h ~i ;!' ~,I; j"~ 'I ,~'I 'j'gl lj I~l ~ :,j,f' l' .' I -,' , , i ~ >l ~ Il ~ Cl >! g 2)> ~~ O;D -1\ ee Zr ~i! ~fil o i; i ~ " -f 'i ~; I , ROCKfOut !<PUP : I: , I , I I: I: I, J! , I : i , , I' , ' ','-ofP iii: ;;,i ;11'1 jl : 'jil ,j! 'j~ ! .+. ~ . ~ ~~ ~ ---_.. ----- ----------- '1"11 ~~i:i ;~'i'i ;11111 ~~ a~ ili'! ,I,!, ili! i. lml ;m ii, I, i,'l, i i~~il, Ii tl~ I "" " ~.... ,".." '" '".. It -- . p ~ " ~~u~nl'usll~ul ~ >; Kil 'M ; .;~~~.~~~tU~~,BH i i I! ! ~ >>ii.!ll........! i . I I ~ l !!!\~lllIlmlll i I 'I 8 !ii;li II! ml!~ " ' i: <;Ill: -....~~~ 1l'il1l:l;!<;lQ Il: 'it ~ ._g : ~e~~E~!~~~!;S!~-l~5~ ~ ,ft li, a :;::::Ahl,j~J'!D';lil:8:.; 2 ~ ~;. I '!!il!'i!lll5;i!~ i I !, "~;2d~~~c; -,::'.l.~; Ii jlj.lii j!; '1- '! i,!;hi: i a! i , .' <!~. ~ '! '~~~.i!"'~~" ~;::aA i :i!i,!i . l ! I: !1l:~3'~~ _~ ~ ." ~~ III b'l ,- ! " ~:,,:~~! ~; ~~ I::~ '7: ~ ~ _9 ~ lS t ii ~i3~: ~~~~ : - ... f if.h ~: il ~ r:: ~@ ~;~ ~. ~~ .~ l < f;}> ~l> -fCl -" en zc ~~ :1ili '" " ~...~~ _,~ ....-..--..... -"""'--_1-. _..___.\.,__.... nWT" 1M ~nTIk! Eopas,Sumyon&Mtppm ........ Y 1'.L ..... PWm"'" Projc:ct Mmagen _....,.........0lllII,....17I,................J4'01 ..,..,. FAIl;__~ Prepared by: Marjorie M. Student-Stirling Ass't. Collier County Att'y. 3301 Tamiaml Trial East Naples, FL 34112 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY *' THIS AGREEMENT is made as of the 1.0 day of J Ll n e_ , 2006, by and between Woodfield Builders, LLC (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). Only 55.97 acres of the total project acreage of 76.46 acres is eligible for an affordable housing density bonus.. It is the Developer's intent to construct a maximum of 400 residential units (the "Units") at a density of 5.23 units per gross acre on the entire Property and 6.59 units per acre on the eligible 55.97 acres. The gross acreage of Property is 76.46 acres. The number of affordable Units constructed by Developer shall be 111 , representing 30% percent of the total number of residential Units in the development generated from the eligible 55.97 acres. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Growth Manaaement Plan Future land Use Element and in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) 9 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 285 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. Rev 9/3/2003 Page 1 of 21 NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 5.09 units per acre requested by the Developer and the benefits conferred thereby on the Property. and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowl~dged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Aqreements. The Developer hereby agrees that it shall construct 111-- affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89. Section 4. the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LOC 9 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement. the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibilitv and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in Page 2 of 21 accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC SS 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC S 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to two hundred seventy (270l days prior to occupancy. Upon expiration of the 270 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing Page 3 of 21 unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC S 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC S 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 1.5 units per acre, and is therefore granted a density bonus of 5.09 density bonus units per acre for the eligible 55.97 acres, for a total density (total = density bonus units per acre X gross acreage) of 6.59 units/ac on the eligible 55.97 acres, pursuant to LDC S 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 400 units on the Property provided the Developer is able to secure building permit(s) from Collier County. Page 4 of 21 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC S 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC S 2.06.00 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedinqs. Whenever it is determined that there is a violation of this Agreement or of LDC S 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return- receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC S 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC S 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Director of Financial Administration and Housing Department, which consent may be withheld for any reason whatsoever. Page 5 of 21 Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Director of Financial Administration and Housing Department as required by this Section shall be void ab initio. Developer may appeal any denial of assignment to the Commission. 7. Severabilitv. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 Woodfield Builders, LLC 6604 Ridgewood Avenue Naples, Florida 34108 To the Developer: Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnifv. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall Page 6 of 21 look solely to Developer's successor in interest for the performance of said obligations. 12. Recordinq. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire AQreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing for a period of fifteen (15) years from the date of issuance of a Certificate of Occupancy for said housing unit. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. 17. The project shall be phased as follows: Phase One: Phase One shall be limited to a maximum of 80 dwelling units, of which a minimum of 50% shall be affordable units. Phase Two: Phase Two shall be limited to 142 dwelling units including any additional affordable units necessary to reach total of 111 affordable units. COs for these Phase Two units shall not be issued until 2008, and Phase Three: COs shall not be issued for the remaining 178 units prior to February of 2009. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Page 7 of 21 Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:. ..... "". DWIGHT~e:. aR<?GK;'Clerk , .~ . . . . ". BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~. " . " I :) ~'.~.lt ~ 1\ If'l nc :. .~,~ Att,~t as. tw.'Cn~l. '~":nl s S i gntt~,! '9~) l~. ~~ By: RANK HALAS, C NrAN Approved as to form and legal sufficiency: 01\~ on. ~ -.pt:-u~ L.' Marjori M. Student-Stirling ~ Assistant County Attorney Page 8 of 21 DEVELOPER: Witnesses: Woodfield Builders, LLC ~;(~~-cJ, Witness I ic Printed Name Dlt41e.. f.... al'C(c=>'~) v' I, "" ',' ",c<j t-:'~J ~' ~1,., ( ,_,--i(, By: Brian Mansour, Managing Member H?-- -- ""-:-1: ~ "c --Q:..' Witness Printed Namer\"i (n.1e: STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Brian Mansour as Managing Member of Woodfield Builders, LLC, who is Qersonally known to ~ or has produced as identification. WITNESS my hand and official seal this /d t!i day of rr;; JJc 2006. r~~,~.-J Notary ubllc My Commission Expires: ,., CAROLJ. AGAN !..: :..i MY COMMISSION' DO 349617 - : = EXPIRES: AugUsl24, 2008 Ilond8d 1hru HolIry Plda Und9IwItIenI Page 9 of 21 EXHIBIT A LEGAL DESCRIPTION .NEWTOWN SQUARE PU) Section: 23 Township: SO South Range: 26 East A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A 4 INCH CONCRETE MONUMENT MARKING THE CENTER SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE, ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION 23, N.89000' 52 liE., A DISTANCE OF 664.38 FEET; THENCE, DEPARTING FROM SAID MID-SECTION LINE, S.Or13'49"W., A DISTANCE OF 1,350.38 FEET; THENCE S.89040'52"W., A DISTANCE OF 662.16 FEET THENCE S.89041'40"W., A DISTANCE OF 1,325.03 FEET; THENCE N.OrOO'34"E., A DISTANCE OF 331.32 FEET; THENCE S.89034'42"W., A DISTANCE OF 993.80 FEET THENCE S.00054'44''W., A DISTANCE OF 329.05 FEET THENCE N.89041'35"E., A DISTANCE OF 331.01 FEET THENCE S.00058'Ol''W., A DISTANCE OF 330.10 FEET THENCE S.89052'20"W., A DISTANCE OF 561.91 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF A 100.00 FEET WIDE CANAL THAT RUNS PARALLEL TO AND 100 FEET EAST OF THE WEST LINE OF SAID SECTION 23; THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.00050'28"E., A DISTANCE OF 984.20 FEET; THENCE, DEPARTING FROM SAID EAST RIGHT -OF- WAY LINE, N.89023'49"E., A DISTANCE OF 894.94 FEET; THENCE N.00059'07''E., A DISTANCE OF 662.00 FEET TO A POINT ON THE SAID EAST-WEST MID- SECTION LINE; THENCE, ALONG SAID EAST-WEST MID-SECTION LINE, N.89000'55"E., A DISTANCE OF 996.67 FEET; THENCE, DEPARTING FROM SAID EAST-WEST MID-SECTION LINE, S.00057'32''W., A DISTANCE OF 327.91 FEET; THENCE N.88058'25"E., A DISTANCE OF 663.65 FEET THENCE N.Or05'18"E, A DISTANCE OF 327.46 FEET TO THE POINT OF BEGINNING. CONTAINING 3,330,396 SQUARE FEET OR 76.46 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF SECTION 23, AS IrA VING AN ASSUMED BEARING OF N.00050'28"E. Page 10 of 21 APPENDIX A, EXHIBIT A (NOT APPLICABLE) NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS Single Multi Family Family BASE RENT Single Multi Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (25%-50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development units/acre. (2) Gross acreage (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. units. (4) Gross residential density of this development (including affordable housing density bonus units) units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) %. Page 11 of 21 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM NOT APPLICABLE PER FUTURE LAND USE ELEMENT LDC ~ 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to detennine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unites) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unites). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1I10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 12 of 21 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM NOT APPLICABLE PER FUTURE LAND USE ELEMENT Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMSIUNIT EFFICIENCY AND 1 2 3 OR MORE 80% MI= MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) o 1* 1* 60% MI= LOW (OWNER-OCCUPIED OR RENTAL 2 SINGLE-FAMILY OR MULTI- FAMILY) 3 4 50%MI= VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 13 of 21 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% ofthe median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY ! ~ J ~ ~ Q 1 ~ 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE TWO THREE FOUR BEDROOM BEDROOM BEDROOM BEDROOM UNIT UNIT UNIT UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1 ,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 UTILITY ALLOWANCES ONE B/R TWOBIR THREE BIR FOUR BIR LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Page 14 of 21 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Date of Application: Amt. Of Sec. Deposit: RacelNational Origin: Handicap: Yes _ No_ RacelNational Origin: Handicap: Yes _ No_ Co- Tenant Name Present Address: Street City State Zip Telephone No. How Long at this Address: Name of Landlord Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City Name of Previous Landlord State Zip Telephone No. Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Monthly $ Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $_ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE 1. 2. 3. Job Title Every 2 Weeks $ Birth Date Monthly $ SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives) Page 15 of 21 1. Name: 2. Name: Address: Address: How Long Known: How Long Known: APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co-Tenant's Name: : Social Security Number Social Security Number Present Address: Street City State Zip Telephone No. r hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. r am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. r understand that r am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental ssr $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 16 of 21 Page 17 of 21 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Job Title: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. as Witness my hand and official seal this day of ,2005. (notary seal) Notary Public My Commission Expires: EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. as Witness my hand and official seal this day of ,2005. (notary seal) My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. Notary Public Page 18 of21 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC S 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial Administration and Housing Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; Planned Unit Development on 76.46 acres 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? L- Yes No If yes, state date of application November 5. 2003 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 5.23 units/acre. Gross acreage of the proposed development. 76.46 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? --1&- Yes No. If yes, please state name and location of the PUD and any other identifying information. Rocked~e PUD on Collier Boulevard 5. Name of applicant Woodfield Builders. LLC Name ofland developer ifnot the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Unit Rental Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 0 Other Bedroom 0 TOTAL 0 Owner Occupied 400* Mix of number of bedrooms units to be Determined according to market demand. Page 19 of21 T ABLE II Number of Affordable Housing Units MODERATE INCOME 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Total Number of Affordable Units in Development Owner Rental Occupied 111* 111 Proposed Use for Density Bonus Units Owner Rental Occupied * minimum size, any or all may be increased to 3 bedroom units LOW INCOME 60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50%MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Page 20 of 21 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. * Wood frame or CBS construction * 30 - year architectural shingles * Concrete driveways, walks, and entries. * R-30 insulation in attics and R13 insulation on exterior walls. * Ceran1ic or vinyl tile flooring, or carpeting, in all kitchens, baths, bedrooms, and laundry areas. * Wood or composite kitchen cabinets with fully adjustable shelves * Complete kitchen appliances, including a microwave oven, range, refrigerator, and disposal * High efficiency air conditioning with heat pump. * Land Development Code minimum landscaped private yards. * Dual sinks in the master bath. * Aluminum framed windows. * Metal clad entry door with dead bolt lock. * Pre-wiring for cable television, telephone and a digital perimeter security alarm system 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. 478937.111523.0001 Page 21 of 21 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-31 Which was adopted by the Board of County Commissioners on the 6th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of June, 2006. DWIGHT E. BROCK Clerk of Courts and Cl~k ~ .' . .. ~ . I Ex-officio to Board~ of ' County Commission~rs ~. Q O\<<l~ t {)C By: Heidi R. Rockhold, Deputy Clerk NIM Summary Rockedge RPUD Neighborhood Information Meeting Summary The meeting was held on Monday, October 5, 2015 at 5:30pm at 6020 Rattlesnake Hammock Rd.,Naples, FL 34113. Those in attendance included Patrick Vanasse, AICP with RWA; Ashley Caserta with RWA; Collier County Principal Planner Daniel Smith, AICP; Sean Martin, P.E., representing Waterman Development Group; and five members of the public. Patrick began the meeting with a presentation that included the following: The Rockedge RPUD was originally approved d in 2006 through Ordinance 06-31. The existing g g RPUD allows a maximum of 400 units on 1 74.46 acres. The subject property is located in the northeast the intersection of County Road 951 and Sabal Palm Road in Section 23, Township 50,Range 26 East, Collier County. Ownership of the subject property has changed and revised development intent is being pursued through this PUD application. Watermen at Rockedge Naples, LLC now owns the PUD and they are adding 131.91 acres of land to the existing PUD. As part of the PUD Amendment/Rezone application, the new owner is requesting to modify project boundaries, revise the PUD Master Plan, eliminate the Affordable Housing Density Bonus Agreement (AHDBA), reduce the allowed density, allow the full range of residential land uses, refine development standards, add deviations and shed PUD commitments. Patrick explained that the request can summarized as follows: • Increase the project's acreage from 174.46 acres to 1106.67 acres. • Eliminate the AHDBA agreement and reduce the allowed density from 400 units to 266 units. • The RPUD's density will be derived from base density and Transfer of Development Rights for a maximum density of 2.5 units per acre. • Revise the PUD Master Plan to include additional lands. • Revise the PUD Master plan to reflect a new project layout. • Increase the preserve from 121.86 acres to 124.20 acres. 1 • Locate the project's access along Sabal Palm Road. • Allow the full range of residential uses including single family detached, single family attached,zero lot line, duplex,two-family attached,townhouse, and multifamily units. • Revise the developments standards table to add standards for expanded housing types. • Add deviations and provide a list of deviations. • Revise the Developer Commitments to reflect changed conditions and eliminate many of the redundant commitments pursuant to direction from County Staff. Attachment C 1 Public questions included: Public: Why in the access off of Sabal Palm and not Collier Boulevard? Patrick Vanasse: Currently, Collier Boulevard is a high-speed, high-traffic roadway. Sabal Palm is considered more controlled with the directional median, as well as safer because there is less traffic on the road. Public: Are all of the units single-family? Patrick Vanasse: Single-family units are planned for,however, other unit types are allowed. Public:Noted that a lot of dirt is expected. Patrick Vanasse and Sean Martin: Management of access and safety are a top priority. The meeting concluded at 6:00pm. 1 1 r, DEVIATION JUSTIFICATIONS Rockedge Residential Planned Unit Development LIST OF REQUESTED DEVIATIONS Deviation#1 seeks relief from LDC, Section 6.06.01.N which requires minimum local street right- of-way width of 60 feet,to allow a 50'right-of-way width for the internal streets that include public utilities. Minimum right-of-way width of 50 feet is requested for local streets within the Rockedge RPUD. This deviation is justified because this will be a private gated community with controlled access, low traffic volumes and a low posted speed limit.A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular,pedestrian and bike traffic while accommodating all utility and drainage needs. In addition, a 10'PUE will be provided on each side of the right of way to accommodate "dry utilities."The 50 foot right-of-way results in a more compact roadway cross-section which accomplishes traffic calming to provide a safer transportation system within the community. This deviation is commonly approved and has been effectively implemented in numerous residential PUDs throughout the County and will not affect public health and safety. Deviation #2 seeks relief from LDC Section 5.03.02.C,which permits a maximum wall height of 6' in residential zoning districts,to allow a maximum wall height of 8'along the perimeter of the project and where abutting an existing public roadway,and allow a 12'tall wall/berm combination. The proposed deviation will allow for additional visual screening from adjacent properties and noise attenuation from the significant traffic along C.R. 951. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. This deviation is commonly approved and has been effectively implemented in numerous residential PUDs throughout the County. Deviation#3 seeks relief from LDC Section 5.04.06.A.3.e,which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height,to allow a temporary banner sign,along C.R. 951,up to a maximum of 32 square feet in area.The temporary banner sign shall be limited to a maximum of 90 days per calendar year during season defined as January 1 to March 31. This deviation will remain in force until the project is sold out. The proposed deviation will allow for a banner sign along C.R. 951 in order to advertise new homes available within the community. The 4 square foot banner sign permitted by the LDC provides minimal visibility and likely will not be seen by motorists travelling along C.R. 951 due to the relatively high travel speeds along that corridor and the significant distance from the travel lanes to the project boundary.Additionally, the applicant is requesting that the banner be allowed for up to 90 days per calendar year to allow display throughout the peak winter season for home sales. This deviation would remain in,force until the project is sold out. Due to the property's location on a busy arterial road, distance from the travel lanes, and the high travel speeds along the roadway, the Applicant is seeking an increase to the allowable banner size to ensure visibility of this new community during peak sales season. The requested banner size is in accordance with deviations approved for similar residential projects throughout the County. Attachment D Deviation#4 seeks relief from LDC Section 5.06.02.B.5,which requires on-premise directional signs to be setback a minimum of 10'from edge of roadway,to allow a setback of 5' edge of roadway/drive aisle. This deviation will provide locational flexibility for directional signage internal to the RPUD.A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. All directional signage will meet the Clear Sight Distance requirements in accordance with LDC Section 60.06.05. Furthermore, this deviation is typical of many of the master planned developments throughout Collier County. Deviation#5 seeks relief from LDC Section 5.06.02.13.14,which allows one(1)boundary marker sign or monument structure at each property corner with a sign face no more than 24 square feet,to allow the option of one(1)monument sign along C.R. 951 with a sign face of 64 square feet,rather the tow(2)boundary markers that would be allowed per code. This deviation is requested since the project's access point is along Sabal Road and does not have an access point along C.R. 951. The entrance ground signs, which typically provide a project's highest visibility, will be tucked away down Sabal Road which is a two-lane local roadway. For this project, the one larger monument sign, rather than the two boundary markers allowed per code would act similarly to entrance signs by providing visibility along C.R. 951 and alerting motorists to this project's location.As such, this request asks for option of providing one monument structure sign along C.R. 951 with a sign face of 64 sf, as allowed for entrance signs, rather than the 2 boundary markers with a sign face of 24 sf as would be allowed by code. It should be noted that the LDC currently allows for boundary markers or monument structures, which is consistent with our deviation. The project's unique set of circumstances with its entrance tucked away down Sabal Road, and the high-volume and high-speed nature of C.R. 951, warrants this deviation which will improve the project's visibility and improve safety conditions. Given the wide C.R. 951 right of way, the multi-use path and the significant drainage canal, the one larger sign will be located a considerable distance from travel lanes, which warrants a larger sign face to enhance visibility. Lastly, the larger sign will be consistent with the project's unified design and branding approach. Deviation#6 seeks relief from LDC Section 4.02.04.D.1,which prohibits doors and windows on the zero lot line portion of a dwelling unit,to allow windows. This deviation is requested to alleviate an oversight in the LDC which prohibits doors and windows on the zero lot line portion of a dwelling unit. While it is understandable that no doors should be allowed on the zero lot line side, a minimum 10'separation is require for zero lot line units which provides adequate separation between units.Moreover, this minimum separation is the same as what is required for detached single family homes in this PUD. Deviation#7 seeks relief from LDC Section 6.06.01.J which requires cul-de-sac lengths not to exceed 1,000 feet,to allow±2,500 for the one dead-end street identified on the RPUD Master Plan. This deviation is requested to allow a functional subdivision design because of the unique configuration of this PUD. Due to the unique land assemblage and project configuration, the portion of the PUD located along CR 951 does not allow for a looped road or interconnection to other portions of the PUD.A street layout that would avoid a cul-de-sac is not feasible given the narrow depth of the tract along CR 951, the inability to connect back to Sabal Palm Road or other portions 1 of the project, and the impracticality of connecting to CR 951. However, the cul-de sac is designed with a hammerhead at its terminus in order to allow a potential future interconnection with the adjacent property that could provide secondary access onto Sabal Palm Road. The hammerhead is compliant with LDC requirements and design criteria from the Fire District. This deviation has been granted for subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. Deviation#8 seeks relief from LDC Section 5.04.04.B.3.e which limits temporary use permits for model homes to 3 years,to allow a temporary use permit of 5 years without the need to request approval of a Conditional Use petition. This deviation is requested to allow temporary permits for model homes to be a duration of 5 years which is consistent with the projected buildout of this community as outlined in the TIS. It is reasonable and appropriate to have model homes available to tour during the entire sales and buildout period. The models will be clustered in one area and separated from occupied homes as much a practicable in order to minimize any potential or perceived impact to future residents. The LDC already allows this use on a temporary basis,provides a standard time limitation that applies to all developments and requires a Conditional Use to determine if the extended period is adequate. The Conditional Use process is redundant and not required in this case since the PUD process provides oversight and the ability to determine the project's buildout period Deviation#9 seeks relief from LDC Section 3.05.07.H.3.a.,which requires a minimum 25'preserve setback for all principal structures to allow a 12.5' side yard setback from preserves for principal structures where identified on the RPUD Master Plan.The reduced setback is allowed in combination with a structural buffer as allowed by the SFWMD. Preserve setbacks are required to provide access to and around the preserve, to limit human encroachment into the preserve and to allow for maintenance of the abutting residential structures. Reducing the required setback for 3 specific locations identified on the Master Plan where a sideyard abuts a preserve will not adversely affect the preserve or the intent behind the preserve setback. It will not impede access, encourage human encroachment or reduce the ability to conduct maintenance. The reduced setback would be allowed in combination with a structural buffer as allowed by the SFWMD and consistent with LDC Section 3.05.07.F.3.(/), which allows buffers 1 adjacent to wetlands in the RFMU district to be reduced by 50%if a structural buffer is provided. This buffer can be in the form of a stem-wall, berm, or vegetative hedge with suitable fencing. g Deviation#10 seeks relief from LDC Section 4.06.02.C.4,which requires a 20' Type D buffer along perimeter boundaries abutting a right-of-way for all developments of 15 acres or more,to a allow a 15' Type D buffer adjacent to right-of-ways where identified on the RPUD Master Plan. The Type D Buffer is specific to project boundaries abutting right-of-ways and requires varying buffer widths depending on the ultimate width of the abutting right of way. LDC Section 4.06.02.C.4: "Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right- of-way." 3 The buffer widths acknowledge the varying degree of intensity associated with d?erent roadways. It is generally accepted that major roadways that will have greater noise, lighting, and general traffic impacts than a narrower local roads, and therefore require wider buffers. If not for the fact that this project is greater than 15 acres, the buffer requirements for the areas subject to this deviation would be for a 10'buffer since all three areas abut right-of-way easements less than 99 feet. Moreover, two of the roadways (John's Road and Melrose Lane) act as private driveways to a single family residence. The third location abuts Amity Road, which acts an access drive to a few existing homes. It should also be noted that all three roadway easements do not have the potential to be expanded into major roadways and will only accommodate local traffic into the future. Typically projects of 15 acres or more will abut major roadways and are not subject to numerous right-of-way easements that serve very limited number of households. The unique land assemblage and PUD configuration has resulted in a situation where this PUD does abut three "limited service"rights-of-way. Where abutting major roadways, 20'Type D Buffers are provide; however, the same buffer width is not warranted where abutting road rights-of way that essentially act as private access drives. It should be noted that this deviation will require the same amount of plantings as a 20'wide buffer, 3 but within a narrower buffer strip. Lastly, the requested 15'buffer width will be consistent with the rest of the buffers for this project. 1 1 Teresa L. Cannon From: Gundlach, Nancy Sent: Wednesday, December 02, 2015 11:20 AM To: Ashton, Heidi; Bellows, Ray; Bosi, Michael; Brock, Mary Jo;filson_s; Klatzkow,Jeff; LeaSandra; Minutes and Records; Puig, Judy; Stone, Scott;Andrew Solis (asolis @cohenlaw.com); Chrzanowski, Stan; Ebert, Diane; Homiak, Karen; Roman, Charlette; Strain, Mark;Thomas Eastman; Wafaa Assaad Cc: BrownAraque, Summer; Sawyer, Michael; Mosca, Michele; Scott, Trinity; Lenberger, Steve;Weeks, David;VanLengen, Kris Subject: FW: Pelican Marsh DRI/PUD - PL20140002211 and PL20140002309 Importance: High Good morning, The Pelican Marsh land use petitions which were originally scheduled to be heard on December 3, 2015, have been continued to December 17, 2015. Sincerely, 7teucert Nancy Gundlach,AICP, PLA# 1244 Principal Planner, Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancvgundlach @colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From:Sharon Umpenhour[mailto:SUmpenhour @gradyminor.com] Sent:Wednesday, December 02, 2015 10:53 AM To:GundlachNancy<NancyGundlach@colliergov.net> Cc: BellowsRay<RayBellows@colliergov.net>; StrainMark<MarkStrainPcolliergov.net>; Wayne Arnold <WArnold(a@gradyminor.com>; Richard D. Yovanovich (rvovanovich@cyklawfirm.com)<ryovanovich@cyklawfirm.com>; Dianna Quintanilla (DQuintanilla @cyklawfirm.com) <DQuintanilla @cyklawfirm.com> Subject: Pelican Marsh DRI/PUD- PL20140002211 and PL20140002309 Nancy, We would like to request a continuance of the December 3, 2015 CCPC hearing to December 17, 2015. Sharon Umpenhour 1 Senior Planning Technician ga Grady Minor Q.Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239.947.0375 Email-sumpenhour @gradyminor.com Web-http://www.gradyminor.com DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified"plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 AGENDA ITEM 9-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 3, 2015 SUBJECT: DOA-PL20140002309, PELICAN MARSH DRI (DEVELOPMENT OF REGIONAL IMPACT) (COMPANION ITEM TO PUDR-PL20140002211, PELICAN MARSH PLANNED UNIT DEVELOPMENT) APPLICANT/CONTRACT PURCHASER: Applicant/Contract Purchaser: WCI Communities,LLC 24301 Walden Center Drive Bonita Springs,FL 34134 PROPERTY OWNERS/AGENTS: Property Owners: Agents: Robert J. Haaga D. Wayne Arnold Tiburon Golf Ventures Q. Grady Minor and Associates, P.A. Vanderbilt Beach Road Land Trust 3800 Via Del Rey Mary Longer Tr Est, Trustee of the Bonita Springs,FL 34134 Mary V. Longner Living Trust Richard D. Yovanovich, Esquire Coleman, Yovanovich&Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 NOTE: Over 3,200 parcels within the DRI have been sold to others. PELICAN MARSH DOA, DOA-PL20140002309 November 19,2015 Page 1 of 6 ' l S' N ` lrr ,644 IN--- -e _ NE` =I'.1- NNE.Q !_,i0 4a a I ,.■'----------W�SEE ,411#4.1'.---J-idir 1=in 1.11:0„ 1 .iiisd,p1;alliLd i IFA EnzNig.tom rejlErnr: _ -_ r' ■ 1_ I,, _� -l„ unuuuunwnummuun 3 1� 1!'+ 11.((,18. ©� - i 11■8 1 I{ --,amuimnumuunununl II l) AI;- ��I'11 I All � t 1 '-11111 INI� � ''��.:'.[ ..i I:. O 1* �� L.0 �1 , 4::::::::::: Iii V1 ■. Q �1 �I� N _ 1• I_. , I RIIIIIIIIIIIIIIIII11111 nu � �� .t ? �1 � 1 r. i -- -�I� C 14•.r� „II I `�I iJ, r,` f '� V - X MI tr. ow I_- �,.�11Shol • i 1�V "•a -to..r I! . r ,u„""' 11i'llit1 i n 1.1- ■ -,-,' �` �I ..v.- It�IEMi = lekiNits 0 bill _r: J l �o `,1 1 , , /.��..e:4-i ' Fe! 4 ' [Ind n; 11 1 z bigiiirliff i_i: _ .... ��: ;.c ';rI .- -Y 1 1 x. 11111! I.. II c'��' � �f \ 1� - i- °:F °i l y l',(`- �l ■I I 11 ,?' ' 1.TY ..r.r....ii 1- I ��y • 41; " / 1:_ ��2�In1u�iI �iI: 0 -;• f :r 1 J .e: ),AVM, � `'t:� r. =-.11111InrlNSn - N Y IIII1t� , ,1` .-. Z I 1 r ��.lL�' Ve- ° Gam . ._,/ :%•%:eee l nOtsrie4t��Vi, 1122211, 11'90k." ,1 O 4� �11'Y; w ��1� ♦Vie • I;tea Ir- - v 7 � t � � ..� '� 1-� :_I r s■ IYe�♦e♦ ,j.� � ��r,r ,11�e111111/� O �:`c 4: ;� 9B /u�siee�llw••1,1�e��,ep��f1111w„� : L:iii 1i�1��••,\If��,� CI ilterg ..: l� ■.� y. u ■■■••jplittsZew,•�*�itilet i:11.41 ♦, I♦•e Hfl • N r , I: I ;`iN' .1 eg�i iii 1118111 i 1I' 1 / .a... IA , 11�: l0 .•■ ..,T r=-1 I �:� .:� �i -1 I •:■lL TUIN• cmmt."•i 1�i'.1-T -..,,,* l,1 N • J a TIM 01 ION 7 Q O 0 Z R 1H Z 0 ag j3a w o 5$ � g pia E 3 8 R ga1 ¢O 31 � 1 ■ lg ' I R LtJ 1° Y I 1 1 1 NOIaNLLNnN , Si-31V1SM31NI Si•31Y.S1131NI i, mill......r., - i 11 li I , g -eppqr,XI 0. _Newlt,,t, El 4 'R ' iw I gi ' ilsimIL ;1, , g r 11 . iin o 3 1 min 113 — MieI np N4 .=. 1 li_ i3 _, 11 111 $ i. `�• 'I Anions 1 fir^ 1 S IMI, 1g I . 1 ;-15 I 1 1 . 1 111111,, 0,11I .41 qgi 1 minhill 0 E ' lii a „ s14 y$! ±')r 11! E :I5 1y7 N I I Y V il ^. - /= ..�"``--,;! and oval aunoon9 �� g `IE -°/_ Ili NI 1,13%ti ' V ► AC REQUESTED ACTION: The petitioner seeks an amendment to Development Order 95-01, as amended, for the Pelican Marsh Development of Regional Impact (DRI) by providing for: Section One, Amendments to Development Order by adding 32 acres to the DRI; by revising Exhibit "D" and Map "H3" contained in the DRI Development Order to add 32 acres to the DRI and an access point on Livingston Road; and by reducing the reserve by 2 acres; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. GEOGRAPHIC LOCATION: The subject property is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South,Range 26 East in Collier County, Florida. (Please see the Location Map on the preceding page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to amend DRI Development Order 95-1, as amended, as follows: - add 31.39 acres to the DRI and show the 31.39 acres as residential on the Master Plan without increasing development entitlements for residential dwelling units; - modify the Master Plan to show access from the subject 31.39 acres through approximately 2 acres of reserve area(now known as a preserve area)to Livingston Road; and - modify Development Order Paragraph 4 of the Findings of Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of Reserve to accommodate the access roadway. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC): The SWFRPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on September 18, 2015, and found the following: "The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. However, a condition to address offsite wetland mitigation impacts must be included in the amendment as follows: • The 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. RECOMMENDED ACTIONS: 1. Notify Collier County and the applicant that the proposed changes will not create additional regional impacts or any regional impacts not previously PELICAN MARSH DOA,DOA-PL20140002309 November 19,2015 Page 3 of 6 reviewed by the regional planning council as long as offsite wetland mitigation is addressed. 2. Include new Development Order condition that the 31.39 acres of land to be added to the DRI contains 17,28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. 3. The applicant must address the Collier County Land Development Code 1 deviation or splitting the preserve for road access, space connection onto Livingston Road and lighting and buffer from adjacent residential development. 4. Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 5. Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. "The SWFRPC role in coordinating the review process of NOPCs is to determine under the authority of Chapter 380.06(19)(a) F.S. if "any proposed change to a previously approved development creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency. " It is the Council staff's opinion that no additional regional impacts will occur from the proposed change and do not object to the change. " (Please see attached RPC Staff Report.) DEPARTMENT OF ECONOMIC OPPORTUNITY(EOC): DCA has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed change in land use designation does not pass the threshold to be a presumption of a substantial deviation under Sub-chapter 380.06(19)(a), Florida Statutes that states: "2, The following changes, individually or cumulatively with any previous changes, are not substantial deviations: PELICAN MARSH DOA,DOA-PL20140002309 November 19,2015 Page 4 of 6 1. Any other change that the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub-subparagraphs a.-k. and that does not create the likelihood of any additional regional impact. " As noted above, the applicant is seeking to add 31.39 acres of land into the DRI, to add an ingress/egress point from Livingston Road and to reduce the reserve/preserve area from 360.4 acres to 358.4 acres to accommodate a proposed access roadway. Staff recommends approval of the DRI Notice of Proposed Change (DOA) believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DOA is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition DOA-PL20150000545 on November 9,2015. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA-PL20140002309 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Attachments: Attachment A: Proposed Resolution Attachment B: RPC Staff Report PELICAN MARSH DOA,DOA-PL20140002309 November 19,2015 Page 5 of 6 PREPARED BY: Y1vviq 6 ,` YVI 2, 2015 NANCY G L C , AICP,PLA DATE PRINCIPA A ''i R ZONING D SION REVIEWED BY: ti / fl- S'16-_ RAY • V. BELL•WS,ZONING MANAGER DATE ZONIN DIVISION MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: S FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT (24) Xct 45 DAVID S. WIL SON, P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT PELICAN MARSH DOA,DOA-PL20140002309 November 19,2015 Page 6 of 6 DEVELOPMENT ORDER NO. 15- RESOLUTION NO. 15- A RESOLUTION AMENDING RESOLUTION NUMBER 95-71 (DEVELOPMENT ORDER NO. 95-01), AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT ("DRI") LOCATED IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY ADDING 32 ACRES TO THE DRI; BY REVISING EXHIBIT "0" AND MAP "113" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD 31.39 ACRES TO THE DRI AND AN ACCESS POINT ON LIVINGSTON ROAD; AND BY REDUCING THE RESERVE BY 2 ACRES; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20140002309) WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 95-71 (Development Order No. 95-01) which approved a Development of Regional Impact(.DRI)known as the Pelican Marsh DRI on January 24, 1995; and WHEREAS, the real property which is the subject of the Development Order is legally described in Exhibit"A"to this Resolution; and WHEREAS, the Pelican Marsh DRI was amended by Resolution Nos. 97-457 (Development Order 97-4), 99-234 (Development Order 99-2), 99-473 (Development Order 99- 6),and 02-507(Development Order 02-04); and WHEREAS, WCI Communities, LLC, through its authorized agent, has filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC), which NOPC is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on ;and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, [IS-CPS-01450/1222107/1J 63 Pelican Marsh/DOA-PL20140002309 Rev. 11/09/15 1 of 4 Words struck eugh are deleted;words underlined are added. Attachment A Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican Marsh DRI; and WHEREAS, at a public hearing held on , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the Board of County Commissioners hereby approves the following Pelican Marsh DRI Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN A. The legal description,Exhibit"A" in the DRI Development Order, Resolution No. 95-71. (Development Order 95-01), as amended, is hereby amended and attached to this Resolution as Exhibit"A". B. Paragraph 4 of the Finding of Fact Section of the DRI Development Order, Resolution No. 95-71 (Development Order 95-01), as amended,is hereby amended as follows: 4. The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6 22451 acres, as depicted in the Master Plan, Map"H3", attached as Exhibit "D". Pelican Marsh includes 80 acres of"activity center"use,which will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of retail commercial use; up to 295,800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.1358.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. C. The Master Plan, Exhibit "D" contained in the DRI Development Order, Resolution No. 95-71 (Development Order 95-01),as amended, is hereby amended and attached to this Resolution as Exhibit"C". SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved DRI, individually or cumulatively with any previous change, do not constitute a substantial deviation under Subsections 380.06(19)(b) through (e), Florida Statutes, and do not exceed any other criterion for additional development of regional impact review. [IS-CPS-01450/1222107/1]63 Pelican Marsh/DOA-P1,20140002309 Rev. 11/09/15 2 of 4 Words stmek-thretigh are deleted;words underlined are added. B. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)1.,Florida Statutes. C. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Section 380.06,Florida Statutes. D. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has established that the changes in Map "1-13" and Exhibit "D" contained in the DRI Development Order result in no additional overall project impacts. E. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06,Florida Statutes. F. No increase in overall development intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order, either individually or cumulatively with previous changes, do not constitute substantial deviations under Section 380.06(19)(b) through (e), Florida Statutes, and a notice of proposed change was provided by petitioner pursuant to Subsection 380.06(19)(e)1.,Florida Statutes. B. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. E. The proposed changes to the previously approved development do not constitute a substantial deviation, do not require further development of regional impact review, and are otherwise approved. F. This resolution shall be considered an amendment to the development order incorporating the approved change to the previously approved development. 1I 5-CPS-O 1450/1 222107/I]63 Pelican Marsh/DOA-PL20140002309 Rev. 11/09/15 3 of 4 Words st hreugh are deleted;words underlined are added. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEO AND EFFECTIVE DATE A. Except as amended hereby, Development Order No. 95-01, as amended, shall remain in full force and effect,binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. B. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Economic Opportunity and the Southwest Florida Regional Planning Council. C. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted this day of , 2015 after motion, second, and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE,Chairman Approved as to form and legality: tr ,o Heidi Ashton-Cicko 1 Managing Assistant County Attorney Attachment: Exhibit A— legal description Exhibit B—NOPC Exhibit C—Revised Master Plan (Exhibit D to Res. 95-71, as amended) (I51PS-014501122210711]63 Pelican Marsh/DOA-PL20140002309 Rev. 11/09/15 4 014 Words strael eta are deleted;words underlined are added. . 3 EXHIBIT A LEGAL DESCRIPTION t PELICAN MARSH,being approximately 22111 2245 acres, more or less, is legally described as follows: • BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County,Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20"West 2623.40 feet to the west 1/4 corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20' 45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County,Florida; thence along said westerly right-of-way line in the following four(4)described courses; 1) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10"East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18" and being subtended by a chord which bears South 00 47'59"West 619.60 feet; 4). South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the-boundary of said Pine Ridge Second Extension in the following eight(8) described courses: 1) South 89 50'58"West 88.21 feet; 2) North 31 34'00"West 120.19 feet; 3) North 05 37'10"West 956.47 feet; 4) South 74 46'39"West 379.98 feet; 3 1 5) South 12 04'43"East 23.53 feet; 6) South 87 09'43"West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02"West 1757.26 feet; 8) North 81 13'22" West 737.85 feet; • 9 Page,,,,_ot,_„1 thence leaving said plat boundary North 00 03'39"West 707.85 feet; thence South 89 33'32"East 336.81 feet; thence North 00 26'28"East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'l9" and being subtended by a chord which bears North 08 43'37" East 37.47 feet; thence North 17 00'47"East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09"West 582.44 feet; thence North 77 59'05"West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06"West 414.10 feet; thence North 47 59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10"West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32"East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh,Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, pages 88 through 89,Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 57198 acres more or less. Subject to easements and restrictions of record. page of 1 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 .East, Collier County, Florida, being more particularly described as follows: Commencing at the west'/.of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59"Ea8t 46.92 feet; thence North 68 35'21"East 110.88 feet; thence North 00 39'12" West 187.52 feet; thence North 11 43 '40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45"East 503.78 feet; thence South 00 39'15"East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'1.2"West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 14 corner Section 27,Township 48 South,Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45"East 366.45 feet; thence South 00 39'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having.a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a.chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23"East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07"East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet; thence south 62 08'16"West 75.07 feet; Page_of„? thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58"East 34.79 feet; thence southerly 19,94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37'East 19.89 feet; thence along a non-tangential line South 84 13'14"East 158.41 feet; thence South 80 55'24"East 183.78 feet; thence South 81 52'51"East 180.90 feet; thence South 00 00'00"East 261.28 feet; thence North 90 00'00"West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14"West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'S 1"West 89.04 feet; thence North 58 35'21"West 65.I9 feet; thence North 15 31 '55"West 74.80 feet; thence North 00 41'41"West 115.24 feet; thence North 28 22'47"East 171.51 feet; thence North 17 11'45"West 106.79 feet; thence North 13 02'52"East 28.51 feet; thence North 73 36' 14"West 54.78 feet; thence South 49 16'08"West 112.78 feet; thence South 89 47'08"West 53.08 feet; thence North 58 00'49"West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida,being North 00 39'12" West. AND - All that part of Section 27, Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 787.88 feet; thence South 84 45'32"West 23.43 feet; thence South 74 56'42" West 121.32 feet, thence South 79 49'51"West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16"and being subtended by a chord which bears North 80 25'01"West 44.61 feet to a point of reverse curvature; q q • thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being. subtended by a chord which bears North 70 46'21"West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04"West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'l 8"and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305,00 feet through a central angle of 12 55'58""'and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33'17"West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03"West 36.03.feet; thence.South 86 06'33" West 42.94 feet; thence South 83 44'08"West 26.23 feet; thence South 51 01 '05"West 27.49 feet; thence South 33 25'42"West 19.95 feet; thence South 15 39'S7" West 20.54 feet; thence South 10 54'31"West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58"East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida, being more particularly described as follows: Commencing at the west V4 corner of said Section 27; thence along said west line North 00 39' 12"West 827.69 feet; thence leaving said line North 89 20'45"East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01"West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04"West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27"West 32.02 feet; Page - of • thence North 56 04'43"West 35.11 feet; thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48"West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: ' I Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35"East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R.31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south line of said Section 35; thence along said south Iine South 89 39'22"West 2541.65 feet to the south 'A corner of said Section 35; thence continue along said south line South 89 39'32"West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02"West 391.57 feet to the boundary line of a parcel described in O.R.Book 524,page 121 of the Public Records of Collier County,Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89 51 '02"West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of-Collier County,Florida; thence along said easterly right-of-way line North 07 09'08"East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears North 00 47'59"East 648.37 feet; thence continue along said right-of-way line North 05 33'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or Iess. Subject to easements and restrictions of record. • AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast corner of said Section 36; thence along the east line of said Section,South 02 12'03"East 2671.63 feet to the east'A corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; Page k of C thence along said northerly right-of-way line North 89 39'39"West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R.31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"East 15.00 feet; thence along the east line of said land North 00 31'47"West 80.00 feet; thence along the north line of said land South 89 2757" West 15.00 feet to the east right-of- way line of Airport Road(C.R.31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest corner of the east Y2 of the east IA of said Section 25; thence along the west line of the east V2 of the east 1/2 of said Section 25 North 01 54'09"West 2668.19 feet; thence continue along the west line of the east%2 of the east Y2 of said Section 25 North 01 5716"West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59"East 2569.75 feet to the east' corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35,being North 89 45'35"East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel 1: N %2 of the SE '/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel II: S '/2 of the NE'A of the SW 1/4 of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel III: N'/2 of the SW%4 of the NW'A of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Page 7 of Parcel IV: S %2 of the SW%,of the NW'/,of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VI: N '/2 of the SW'/<of the SW'/,of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VU NW'h of the SW 1/4 of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Parcels 1 II III IV VI and VII contain a total of 141.61 acres,more or less. AND TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 48.SOUTH,RANGE 26 EAST, COLLIER COUNTY FLORIDAk BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, SAID POINT ALSO BEING ON THE WEST LINE OF TRACT"D" OF THE WILSHIRE LAKES. PHASE 2 SUBDIVISION. AS RECORDED IN PLAT BOOK 27, PAGES 24-27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION: THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION. NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION,SOUTH 02°09'53"EAST,A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE i SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST i QUARTER OF SAID SECTION 31. NORTH 89°5639" WEST, A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG SAID EAST LINE, SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER, OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION,NORTH$9°57'44" WEST, A DISTANCE OF 165.19 FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31:THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 0290'03" EAST, A DISTANCE OF 667.50 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89°57'27" WEST. A DISTANCE OF 495.67 FEET TO THE SOUTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF Page$of SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION. NORTH 02°09'30" WEST,A DISTANCE OF 667.45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION, SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET: THENCE NORTH 02°1333" WEST, A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION, NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°12'20" WEST, A DISTANCE OF 607.94 FEET; THENCE SOUTH 89°56'27" EAST. A DISTANCE OF 164.98 FEET; THENCE NORTH 02°13'33" WEST,A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION AND THE NORTH LINE OF THE AFOREMENTIONED EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SOUTH 89°5677" EAST, A DISTANCE OF 496.20 FEET TO THE SOUTHWEST" CORNER OF THE AFOREMENTIONED NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3I; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°10'14" WEST, A DISTANCE OF 667.59 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE, OF SAID FRACTION AND THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE. LAKES,PHASE 2 SUBDIVISION. SOUTH 89°56'17" EAST, A DISTANCE OF 660.48 FEET TO THE POINT OF BEGINNING. CONTAINING 31.39 ACRES,MORE OR LESS. Total parcel contains 2214 2245 acres,more or less. Page,,,,9 of �,. Exhibit B FORM DEO-BCP-PROPCIIANGE-1 Rule 73C-40.010,FAC.Effective 11-20-90 (Renumbered 10-01-11) STATE OF FLORIDA • DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING&DEVELOPMENT The Caldwell Building,MSC 160 107 East Madison Street Tallahassee,Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT(DRI) SUBSECTION 380.06(19),FLORIDA STATUTES Subsection 380.06(19),Florida Statutes,requires that submittal of a proposed change to a previously approved DRI be made to the local government,the regional planning agency, and the state land planning agency according to this form. 1. I,D. Wayne Arnold,AICP,the undersigned owner/authorized representative of WCI Communities LLC,hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19),Florida Statutes. In support thereof,I submit the following information concerning the Pelican Marsh DRI development,which (original&current project names) information is true and correct to the best of my knowledge. I have submitted today,under separate cover,copies of this completed notification to Collier County, (local government) to the Southwest Florida Regional Planning Council,and to the Bureau of Community Planning,Department of Economic Opportunity. May 28,2015 r Date Signature 1 Page / of 2. Applicant(name,address,phone). WCX Communities LLC 24301 Walden Center Drive Bonita Springs,FL 34134 3. Authorized Agent(name,address,phone). Richard D.Yovanovich,Esq. Coleman Yovanovich &Koester,P.A. 4001 Tamiami Trail North,Suite 300 Naples,Florida 34103 ti (239)435-3535 x 256 ryovanovich@cyklawfirm.com And D. Wayne Arnold,AICP Q. Grady Minor and Associates,P.A. 3800 Via Del Rey Bonita Springs,FL 34134 239.947.1144 warnold @gradyminor.com 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Naples,Collier County,T48S/R25E/S25,27,34,35,36 and T48S/R26E/S31 5. Provide a complete description of the proposed change. Include any proposed changes to • the plan of development,phasing, additional lands, commencement date, build-out date, development order conditions and"requirements, or to the representations contained in either the development order or the Application for Development.Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The proposed change to the Pelican Marsh DRI adds 321 acres to the DRI without increasing the previously approved maximum number of dwelling units or commercial square footage. The additional lands will be designated for residential development on the DRI Map IL The change will reduce previously designated . reserve (open space) lands proposed to be impacted were not so designated for protection of endangered plant or animal species. The decrease in open space is less. 2 Page of than 5% of the project's open space; therefore, it can be deemed to not be a substantial deviation. The lands proposed for addition to the DRI for residential development are presumed to be a substantial deviation under Chapter 380.06 paragraph (19)(03 unless the presumption is rebutted by clear and convincing evidence. The applicant has offered appropriate documentation as part of the NOPC application which demonstrates there are no additional regional impacts associated with the addition of the 32d acres for residential development as no additional dwelling units are proposed,no new or additional traffic is generated for the project. The lands are not inhabited by endangered species, the lands have no known archeological significance, and the small decrease of 2 acres of lands designated as reserve (open space) do not impact any threatened or endangered plant or animal species. The project as revised will continue to contain significantly more native vegetation than required by Collier County. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e.,any information not already addressed in the Substantial.Deviation Determination Chart). Has there been a change in Iocal government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? On December 17, 2002 an NOPC was approved (DO 02-04, Resolution 02-507) which increased the allocation of medical office space by 17,000 square feet to a maximum of 26,000 square feet. The overall allocation of 295,800 square feet of office commercial was not increased. • The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995(DO 95-1). The original project approval • was.a multi-use development; approved for 575,000 square feet gross floor area(GFA) of retail space,250,000 gross square feet of general office space, 100,000 gross square feet of medical office space, 280 hotel_ rooms, 5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes, 294 acres of conservation easement and 59 acres of open space/buffers. 3 Page..3 of • On September 26, 1995, the Collier County Conunissi.on approved Development Order 95-5 that, was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of`approximately 9 acres of land from each landowner to the other, with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and GoodletteFrank Road on the east. • An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5, 100 units and decreased retail and office use by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased-by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increase of 55.2 acres.Finally,in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elementary School(approximately 148,000 square feet)site as satisfaction of the shelter space mitigation requirement. • The second NOPC approved in earlier 1999 (DO 99-2)included the following (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet(adding 57,500 square feet of(GFA); o hotel rooms were increased by 50 for a total of 4S0 rooms; and o 25,000 square feet decreased medical office. • The third NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf, resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet(GFA) to a total of 381,000 square feet(GFA); 4 page II of o increase office uses by 120,800 square feet(GFA) to a total of 295,800 square feet(GFA); and = o increase the conservation area by30 acres. 8• Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within '/z mile on a project master site plan or other map. The only lands optioned or purchased within x/ mile of the DRI are the subject parcels,which are immediately adjacent to the DRI boundary. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes)of any of the criteria listed in Paragraph 380.06(19)(b),Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380:06(19)(e)2.,F.S. YES X NO The change is less than 40%of the Criteria per 380.06(19)(b) 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so,indicate the proposed new buildout or phasing dates. No 11. Will the proposed change require an amendment to the local government comprehensive plan? No Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(I5),F.S.,and 7340.025,Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Map If and the required DO reflect the proposed additional 31.39*acres and new access point on Livingston Road. 13. Pursuant to Subsection 380.06(19)(f), P.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This 5 Page of.,�,,., language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including Iocations, square footage, number of units; and other major characteristics or components of the proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; c. A proposed amended development order deadline for commencing physical development of the proposed changes,if applicable; d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the Iocal government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction,or intensity reduction,if applicable; and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025(7),F.A.C. An updated Map H has been prepared which reflects the revised acreages and location of the proposed additional lands. An updated legal description has been prepared which describes the newly added 3139k acre parcel. No revisions are proposed to the buildout.or termination dates for the project. 6 Page k of I a I rW . v i (1) '-c © U o Ao b o� � Q c s A a, Pq 4-4 0 0 0 , 0 0 o H 0 , 0 , V 0 a O O •Q R A t as W al a$ 4, 44 Cia W .' 0 O o 0 Z Z a; 0 TS 0 P4 af a) cin rn +-'. y O ti bOl1 as Ai3. vl 0 U o N 4-• N v :-• P. cU • lk it It. v) '4 N F� Q K4 Ri H a < < Chi o N .0 cd rn O o •0 p I Q w v O Pcl 0 c� vi W PI ~ • C3 O F` d page of_ _ O Ls■ t I Cd 5:1r i & v 1 Ti O Ti (L) o O i1r a) 4-e . , • . , o N I o Ti • 1 tgi , U z b y 0 O F4 CZ, 2 r ctl H p c W p'' A o Oz z z � 1 ,� _ CA —a - 0 > i. . 5 W Ti., I A g 1 0 0 03 al 0 ■ `n 4�i at cd �.4> u' cad i r55.5 -rfl H E o � a a a. IN) ao � � s ` O N bA U W y - N O 0 bn p cd too -ct Y } �' C � O H ]. U• p .-, p o d H Q Q i. ' 4 4.,W Q P. ... U 0 rc n - "" 0 '4B a.) o . t Q < lt P C < W Q < < C) 1 al 4t V Cl) 0 w ,. cC O E w °J to Oe'-'s e'-'s P O 2 . v — ca a1 74 cn i. o �j. Et - d x g Of 7 z -cs Page ...�. C - at 01 C 1 .b . L] e4) 0 O 0 o a) ca b H g U chi H L o v cd b N cd o H ,— o A �. 0 o Z Z 0o rt en ..e H •s H -0 W ad at 4) A -o 0 •-c.1 o .., v � b w 0 an en at H ^ F c � � - C ., : d r' g 0 U o a 0 04 N Cd U U .ti '1 en a U 'Cd 0 0 6 as v N�+ cd rte. O_ C' _� U Le) add id '-�i C7 fir". 4)• +.+ Cd - a) G Cd +' rn 4) 4) o;--1, S]. m �' y ,-+ 4) o add Cd - cd .2-' Cd 0 '" by '+"• Cd C TJ z o 0 a) 3 ∎ �0 c8i 5., o 0 di , o U o to Q a W w 0 W Q o ° 5 {14 W +°,..,) W O 0 en I mt o Q ed f-. O co o e p a . v H a, i 0 C as a 0 a) '- 0 O ° Page t of z -5 i x 1 g up 0 a - 4) f Ct 3 o 3 Q, 1 [ ' . ., o CO 0 o o 1 to R! to I 0 0 '0 3 z � • H W p .� A a OZ Q 0 U H ° a a)ca 0 v 0 0 to CIO C6 o W �, bp. a) O cd ad c0i 0 cu 73 3 a) 0 q r� -' d 0 oo 0 Cl) o o `-� cd cam) ,-4 M 0 o 0 p hp , t, °dai c a :-8 a) v , 1 0 c:3;1.4 4 W q m W ate o m W ° La 0✓a q � 4t Q - * Q w v1 w 0 4k Q d o 0 o H . 0 t U o Q. w c4 • o O o rn 0 0 a, v) Page i° of 2-Y z i H I r.III CI ....., 2 0h Q V co II 1111111 'L 0 t4 G i 1 O o H a a, . II Z d Kt a o, O Z co Z I) z3 v A -a>p � w 2 ai � H a o H 49 I, .5 'mo w ° c3 ° chi ea ,, 0 . o • 7,5 o o y ' i 'CO W -. n G j v O ho � O Ly 5 4. 0 y O -5 � - � 0 O 0 -, t.,.t.,._, O a) cd € a) P 0 O U 5 0 g -0 a> O d O ; U h A, O U °- c 4 ai 1/4 W O Q e'Q a o . q , aS H It < v ria It Q < v w It * + . f o c o -a 0 o E v v o Pa j 4) a> 71 a) 4 rn 4.4 oo 7 0 Page of-=� ° LI z "0 I • • I 7 1. R 734 1 1 •.-1 y j '0 II N LIA O CO 18 I O C14 O W a ¢. al . 4-. . . -, O m U 0. A U b H g tu az U 0 z O 0 o 2 , . .... ia. . 0 . 13471 PA o � • �w c A ° o z Z • a o z 0o -10 Ty 1 al 0 y I I +'�' O al cC V CO VJ y UI ' an A OQ O 0 p : it . CI) ` V p U yU C ° 0 ' V O U O :0"' y VI 0 44 .� td R d O al O . 0 w p. N m 0 d> , � .y. R. O t�D N F. O d 6. D U ....s,-%.0 . 0 ,—, U Q 0 cd 0 co p 4), U cd 0 72=4:1, Pe O N U ea pG o w W 4 U E4 W q o 2 P o W .1°-' W Q °�' 44 4a 4k v) o 4a Q d a .It as va It A . o c o . U N 0 O PQ GO .• .0 H H Q ice.. La y x Page oz 48 yy a Ld z -014 ._ - - - - - / ( G 3 ! % 0) @ / ( V. ! 0 ¥ @ o { k c / 4 m e O } \ . 2 .0 u / % / . Q S U n o / . , . , . , / 0 0 \ . X \ U• / N 48 .a H ./ 0 A # 00 b z k H H . N ƒ A « § ® w o ƒ Q • .e /Fl _ _ & g 2 S G / § ® gl \ / / { 2 ƒ f § 2 { 2 \ / . « \ . 4) . g . ,, \ u § } © 2 2 © e 2 § •y 0 \ 4) 0 E 4 a m 2 ) 2 f I §O. ? 2 . ?\ / /¢ m w n 2 G o Q ® w G 2 § \ \ f '-'4-1 -� ) ) \ 4-415 .2 ) ) .--<- � % ' � 0 �7 © ° \ # § E R a - S 7 6 \ . Y) ) p /® . \k 2 O # .- G m & & A Pelican Marsh Community DRI Amendment to Development order 95-1,as amended(Resolution Number 95-71,as amended) Paragraph 4 of the Findings of Fact Section of the Development Order 95-1,as amended(Resolution 95- 71,as amended),for the Pelican Marsh Community DRI,is hereby amended as follows: *** *** *** *** *** Text break *** *** *** *** *** 4. The applicant proposes the development of the Pelican Marsh Community consisting of 2213.622451 acres, as depicted in the Master Plan,Map"H3", attached as Exhibit"D". Pelican Marsh includes 80 acres of"activity center"use,which will contain the following land uses:up to 381,100 square feet of gross floor area(GFA)of retail commercial use;up to 295,800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4358.4 acres of conservation area, (some of which is within an FP&L easement); 1142 acres of open space;and a 20 acre school site. *** *** *** *** *** Text break *** *** *** **.* *** Exhibit `A' and `D' of the Development Order 95-1, as amended (Resolution Number 95-71, as amended),for the Pelican Marsh Community DRI,is hereby amended and attached hereto: • • Words underline4are additions;words struck-tgk are deletions Pelican Marsh D.RI Last Revised 04,27/2D15 Page 1 of 1 Page.!L EXHIBIT A LEGAL DESCRIPTION PELICAN MARSH, being approximately 2211 2245 acres,more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County,Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 3820" West 2623.40 feet to the west 1/4 corner of said Section 27; thence continue along the west line of said Section 27 and said right-ofway North 00 39'12" West 827.69 feet; thence leaving said line North 89 20' 45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County,Florida; thence along said westerly right-of-way line in the following four(4)described courses; I) South 05 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10"East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18" and being subtended by a chord which bears South 00 47'59"West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the- boundary of said Pine Ridge Second Extension in the following eight(8) described courses: 1) South 89 50'58"West 88.21 feet; 2) North 31 34'00"West 120.19 feet; 3) North 05 37'10"West 956.47 feet; 4) South 74 46'39"West 379.98 feet; 5) South 12 04'43"East 23.53 feet; 6) South 87 09'43"West 272.40 feet 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02"West 1757.26 feet; 8) North 81 13'22"West 737.85 feet; Page of V thence leaving said plat boundary North 00 03'39"West 707.85 feet; thence South 89 33132"East 336.81 feet; thence North 00 26'28"East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a.radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37"East 37.47 feet; thence North 17 00'47"East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09" West 582.44 feet; thence North 77 59'05"West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06"West 414.10 feet; thence North 47 59'08"West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10"West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S.41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 3312" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand Isle at Pelican Marsh,Plat Book 24,pages 67 through 70,Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B"(Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, . pages 88 through 89,Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record, Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 3312" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. page A of TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west=/a of said Section 27; thence along said west line North 00 39'12"West 827.69 feet;' thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59"Ea8t 46.92 feet; thence North 68 35'21"East 110.88 feet; thence North 00 39'12"West 187.52 feet; thence North 1143 '40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15"East 27.71 feet; thence North 89 20'45"East 503.78 feet; thence South 00 39'15"East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 1/,corner Section 27,Township 48 South,Range 25 East; thence along the west line of said Section 27 North 00 39'12"West 827.69 feet; thence leaving said Section Iine north 89 20'45" Fast 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45"East 366.45 feet; thence South 00 39'15"East 34.09 feet; . thence southeasterly 47.35 feet along the arc of a non-tangential -circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23"East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07"East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10"West 105.98 feet; thence south 62 08'16"West 75.07 feet; rage�?of y thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10"West 43.56 feet; thence South 30 57'58"East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37"East 19.89 feet; thence along a non-tangential line South 84 13'14"East 158.41 feet; thence South 80 55'24"East 183.78 feet; thence South 81 52'51"East 180.90 feet; thence South 00 00'00"East 261.28 feet; thence North 90 00'00"West 394.57 feet; thence North 00 00'00"East 271.73 feet; thence North 84 13'14"West 120.32 feet; thence South 33 05'40"West 54.13 feet; thence South 76.56'51"West 89.04 feet; thence North 58 35'21"West 65.19 feet; thence North 15 31 '55"West 74.80 feet; thence North 00 41'41"West 115.24 feet; thence North 28 22'47"East 171.51 feet; thence North 17 11'45"West 106.79 feet; thence North 13 02'52"East 28.51 feet; thence North 73 36' 14"West 54.78 feet; thence South 49 16'08"West 112.78 feet; thence South 89 47'08"West 53.08 feet; thence North 58 00'49"West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida,being North 00 39'12"West • AND - All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows: Commencing at the west'/4 corner of said Section 27; thence along said west line North 00 39'12"West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 787.88 feet; thence South 84 45'32"West 23.43 feet; thence South 74 56'42"West:121.32 feet; thence South 79 49'51"West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16"and being subtended by a chord which bears.North 80 25'01"West 44.61 feet to a point of reverse curvature; Page _of Z thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57"and being subtended by a chord which bears North 70 46'21"West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16-feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18"and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58""and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33'17"West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03" West 36.03 feet; thence South 86 06'33"West 42.94 feet; thence South 83 44'08"West 26.23 feet; thence South 5101 '05"West 27.49 feet; thence South 33 25'42"West 19.95 feet; thence South 15 39'57"West 20.54 feet; thence South 10 54'31"West 34.64 feet; thence South 89 20'06"West 101.06 feet; thence North 10 45'58"East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12"West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida, being more particularly described as follows: - Commencing at the west 1 corner of said Section 27; thence along said west line North 00 39' 12"West 827 .69 feet; thence leaving said line North 89 20'45"East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48"East 147.72 feet; thence South 89 20'45"West 51.56 feet; thence North 23 56'01"West 13.07 feel; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53"and being subtended by a chord which bears North 12 56'04"West 30.53 feet; thence North 05 01'01"West 31.56 feet; thence North 36 19'27"West 32.02 feet; pAgg_I Oi 7 thence North 56 04'43"West 35.11 feet; thence North 80 39'23"West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48"West 45,79 feet; thence North 89 49'56"West 132.77 feet; thence North 69 40'18"West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12"West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35"East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R.31); thence along said westerly right-of-way line South 00 31 '47"East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22"West 2541.65 feet to the south 1/4 corner of said Section 35; thence continue along said south line South 89 39'32"West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02"West 391.57 feet to the boundary line of a parcel described in O.R.Book 524,page 121 of the Public Records of Collier County,Florida; thence along the boundary of said parcel North 0103'33"West 295.29 feet; thence continue along the boundary of said parcel South 89 51 '02"West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County,Florida; thence along said easterly right-of-way line North 07 09'08"East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'I8"and being subtended by a chord.which hears North 00 47'59"East 64837 feet; - thence continue along said right-of-way line North 05 33'10"West 2628A4 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line:of said Section 34 South 89 31131"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast corner of said Section 36; thence along the east line of said Section;South 0212'03"East 2671.63 feet to the east 1A corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28"East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; op 20a 2-T { • 1 • thence along said northerly right-of-way line North 89 39'39"West 2855.35 feet; . thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R.31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"East 15.00 feet; thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road(C.R.31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57"East 3914.28 feet to the southwest corner of the east'h of the east'/:of said Section 25; thence along the west line of the east 1/2 of the east%Z of said Section 25 North'01 54'09" West 2668.19 feet; thence continue along the west line of the east'/2 of the east%1 of said Section 25 North 01 57'16"West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59"East 2569.75 feet to the east'/4 corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment; the north line of Section 35,being North 89 45'35"East. AND TOGE'1'HkR WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: - Parcel I: N '/z of the SE '/a of the SW '/a of Section 31, Township 48 South, Range 26 East, Collier County,Florida. Parcel 11: S %of the NE'/4 of the SW 1/4 of Section 31,Township 48 South,Range 26 East, Collier County,Florida. Parcel III: N'/2 of the SW'/.of the NW'A of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel N: S %2 of the SW'/A of the NW'A of Section 31,Township 48 South,Range 26 East,Collier County,Florida. • Parcel VI: NY2 of the SW'AA of the SW'/,of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VII NW 1/4 of the SW'AA of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Parcels I II III N VI and VII contain a total of 141.61 acres,more or less. AND,TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 48 SOUTH,RANGE 26 EAST., COLI IFR COUNTY FLORIDA; BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,SAID POINT ALSO BEING ON THE WEST LINE OF TRACT"D" OF THE WILSHIRE LAKES,PHASE 2 SUBDIVISION, AS RECORDED IN PLAT BOOK 27, PAGES 24-27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET TO THE, SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION. NORTH 89°5627" WEST. A DISTANCE OF 165.10 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION,SOUTH 02°09'53"EAST,A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31, NORTH 89°56'39" WEST. A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG SAID EAST LINE, SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31;THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°10'03" EAST, A DISTANCE OF 667.50 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET TO THE SOUTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF Page 2?of . y SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°09'30" WEST,A DISTANCE OF 667.45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION, SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; THENCE NORTH 02°13'33" WEST. A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION, NORTH 89 057'44" WEST, A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION: THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°12'20" WEST, A DISTANCE OF. 607.94 FEET; THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 FEET; THENCE NORTH 02°13'33" WEST,A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION AND THE NORTH LINE OF THE AFOREMENTIONED EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER, SOUTH 89°56'27" EAST, A DISTANCE OF 496.20 FEET TO THE SOUTHWEST CORNER OF THE AFOREMENTIONED NORTHEAST QUARTER OF THE SOUTHEAST OUARi"ER OF THE NORTHWEST QUARTER OF SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°10'14" WEST. A DISTANCE OF 667.59 FEET TO THE NORTHWEST CORNER OF SAID FRACTION;THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION AND THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES,PHASE 2 SUBDIVISION, SOUTH 89°56'17" EAT,A DISTANCE OF 660.48 FEET TO THE POINT OF BEGINNING. CONTAINING 31.39 ACRES,MORE OR LESS. Total parcel contains 2214 2245 acres,more or less. Page �3 of �y i 1 3 ty 1 rid r h t �. rig [1 F., ! go^?�- +` , 7t ,,q L V d ' F . , :� - t I. it 1 twr, - r.. �6TE -1 z y a m I?p cc.h=7322: .),,_.__. . • '16 \‘,...111IN:■II.II. .( I \1.4'..-1.■*'', i .: ..t'''. • • * . ' it I't, -- } ] al H .r t- 1 :1 i 11111 ar i LE 7 3 • r . I F y DI . 3s o Y, . �;. _�• a a Cy '. Q xg tI s 3 n� 's _ .•►'~�!!��!!.,.:- .. Vim' F I li y. 2 yi g sq§ F t_ Qp1� yy u \ a ®ll i M EB 7o i•^ei 2 1 A S 4s1E g5 1' 0 a .•.• •�� -L.,.. III: ... 0 ' . ✓• re ed.3 2 o ao 005[1 3 ' _ *al 1071r/ S ]]I fig jos if"....wri t .• t ief/.2,00. irpo figi . yF iiiie i ti 1 J ,4....... ,. .,,,, ,..._ ...." .,...., , ,e,,„. OitirkaA0Lapp;i ;� '= Si am a '11111111111111 0 11 111111(;Y y ay innnnnnnn€innnnn 11 11 page•..t.•_of•_.-.,. GundlachNancy From: DANIEL TRESCOTT<trescott @embargmail.com> Sent: Friday, September 18, 2015 12:03 PM To: GundlachNancy; barry;Wayne Arnold; Sharon Umpenhour; scott rogers Cc: Margaret Wuerstle Subject: Pelican Marsh SWFRPC Agenda Item approval Attachments: Pelican Marsh NOPC Agenda Item Sept 2015.pdf Good Morning: ) On September 17,2015 the SWFRPC unanimously voted to approve the attached Pelican Marsh NOPC agenda item with staff recommendations. If you have any questions let me know. ) Sincerely, Daniel L.Trescott, MSP Trescott Planning Solutions, LLC ) 421 Norwood Court Fort Myers, Florida 33919 (239)850-7163 Cell (239)433-4067 Office (239)433-0105 Fax trescott @embargmail.com IG li { 1 Attachment B Agenda Item PELICAN MARSH NOTICE OF PROPOSED CHANGE Background The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project approval was a multi-use development; approved for 575,000 square feet gross floor area (GFA) of retail space, 250,000 gross square feet of general office space, 100,000 gross square feet of medical office space, 280 hotel rooms,5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes,294 acres of conservation '; easement and 59 acres of open space/buffers. Pelican Marsh is located in northwestern Collier County(see location map attached). As of the last Development Order Pelican Marsh is approved for 80 acres of"activity center"use, which will contain the following land uses: up to 381,100 square feet of gross floor area(GFA) of i z retail commercial use; up to 295,800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will 1 contain a maximum of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. 2 i Previous Changes i' • On September 26, 1995,the Collier County Commission approved Development Order 95- 5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent #` property owner to the north. This resulted in the exchange of approximately 9 acres of land th from each landowner to the other, with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette-Frank s Road on the east. • An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5,100 units and decreased retail and office use by 230,000 and J 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 } acres, an increase of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter space 1 mitigation requirement. i • Approved in earlier 1999 (DO 99-2) included the following (WCI Communities Limited Partnership)minor revisions to the Pelican Marsh Master Plan to reflected changes in the 1 previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet (adding 57,500 square feet of(GFA); o hotel rooms were increased by 50 for a total of 450 rooms; and o 25,000 square feet decreased medical office. • NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf,resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet (GFA) to a total of 381,000 square feet (GFA); o increase office uses by 120,800 square feet(GFA) to a total of 295,800 square feet (GFA); and o increase the conservation area by 30 acres. • On December 17, 2002 an NOPC was approved (DO 02-04, Resolution 02-507) which increased the allocation of medical office space by 17,000 square feet to a maximum of 26,000 square feet. The overall allocation of 295,800 square feet of office commercial was not increased. Proposed Changes The proposed change is to amend the DRI Development Order as follows: (1) add 31.39 acres to the DRI and show the 31.39 acres as residential on Map H (attached) without increasing development entitlements for residential dwelling units, commercial and office uses; (2) modify Map H (attached) to show access from the subject 31.39 acres through approximately 2 acres of "Reserve" area to Livingston Road; and (3) modify Development Order Paragraph 4 of the Findings of Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of 2 acres of Reserve to accommodate the access roadway. According to the applicant, the change will reduce previously designated reserve (open space) lands proposed to be impacted were not so designated for protection of endangered plant or animal species. The decrease in open space is less than 5% of the project's open space; therefore, it can be deemed to not be a substantial deviation. The applicant has offered appropriate documentation as part of the NOPC application which demonstrates there are no additional regional impacts associated with the addition of land for residential development as no additional dwelling units are proposed,no new or additional traffic is generated for the project. The lands are not inhabited by endangered species, the lands have no known archeological significance, and the small decrease of 2 acres of lands designated as reserve(open space)do not impact any threatened or endangered • plant or animal species. The project as revised will continue to contain significantly more native vegetation than required by Collier County. Staff Review The Department of Economic Development (DEO) has reviewed the changes (attached) and provided comments which SWFRPC staff concurs, that the proposed addition of 31.39 acres for residential development is presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3, Florida Statutes (F.S.). The proposed change does not increase entitlements for residential dwelling units and will likely not create additional impacts to regional transportation facilities. According to the environmental data (Pelican Marsh PUD/DRI Environmental Data, Collier Environmental Consultants, Inc., May 2015), the 31.39 acres contains 17.28 acres of jurisdictional wetlands that the applicant is proposing to impact, and the applicant proposes to mitigate the impacts off-site.The NOPC does not include proposed Development Order conditions to mitigate the impacts to these wetlands. The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources. See comments attached from the South Florida Water Management District raising concerns regarding impacts to natural resources from proposed development of the 31.39 acres. The proposed change to Map H and Development Order Paragraph 4 (Findings of Fact) to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create an additional access point on Livingston Road, and these proposed changes are presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3., F.S. The NOPC has not rebutted the presumption with clear and convincing evidence that the 2 acres does not contain regional natural resources such that impacts to the 2 acres will not create additional impacts to regional natural resources. Discussions with SFWMD staff and the applicant has indicated that offsite mitigation for wetland impacts can be addressed in the Environmental Resource Permit. Environmental date provided the applicant indicates the additional land area is vegetated primary by two habitats Pine Flatwoods 14.11 acres and Pine, Cypress, Cabbage Palm 16.23 acres. The later habitat is vegetated with cypress with some scattered Slash pine. Cabbage palm and Melaleuca can also be found.The Melaleuca densities vary from as low as 25%to as high as 80%. This habitat is the largest on site and would be considered Jurisdictional Wetlands. The Pine Flatwoods habitat is the second largest habitat and is located toward the north of the project site. The area is vegetated with a Slash pines canopy and a palmetto understory. The area does have a variety of exotics. The main exotics present are Brazilian pepper, Ear-leaf Acacia and Java Plum. This habitat does have some meandering trails throughout. The area would be considered upland. The parcel has been impacted with the presences of exotic plants. The parcel is also located in the urban area and is surrounded by development. These limitations hinder the parcel as suitable habitat for vertebrates. This project as designed has minimal effect on water management,fish and wildlife, surrounding land use and native vegetation. Collier County development review is working with the applicant on the following issues. • Road connection spacing onto Livingston Road for access to the 32 acres of residential development. • The County Land Development Code (LDC) section 3.05.07 A.5 requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.The proposal to split an existing preserve will make the preserve less conforming and therefore will require a request for deviation from the LDC provision. • In order to protect the existing residential homes from automobile headlights,please provide a Type B Landscape Buffer in the following locations: -along the south side of the access road located within the preserve/reserve area. -along the eastern and northernmost boundary of the proposed development that abuts the developed area of Wilshire(homes and road). Please see attached sketch. DEO recommended the applicant coordinate with the Southwest Florida Regional Planning Council,South Florida Water Management District,and Collier County to address their objections. If additional information is provided to adequately address the objections,DEO will reconsider its position. Character, Magnitude,Location The proposed changes will not affect the character or magnitude of the project because no additional units are proposed with only a 2 acres reduction in conservation area from 360.4 to 358.4 acres. The location of the DRI is unaffected by the proposed changes. Regional Resources and Facilities No additional regional facilities impacts will result from the change since not addition units not previously reviewed are proposed. Regional resources impacts to wetlands will not be affected by these changes since it is anticipated that the isolated low quality wetlands to be impacted will be mitigated offsite where higher quality non isolated wetland can be preserved. Multi jurisdictional Issues There are no multi jurisdictional impacts related to the proposed changes. Need For Reassessment Of The DRI Based on staff review we have concluded that the NOPC has not yet provided sufficient evidence to rebut the presumptions of a substantial deviation as indicated in the DEO letter. However, discussions with the SFWMD,Collier County,DEO and the applicant that are working to address all the issues of concern, we believe the presumptions of a substantial deviation can and will be rebutted. Therefore,there will be no need to reassess the regional impacts of the entire project only the wetland impact caused by the changes. Acceptance Of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. However, a condition to address offsite wetland mitigation impacts must be included in the amendment as follows. • The 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. RECOMMENDED ACTIONS: 1. Notify Collier County and the applicant that the proposed changes will not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council as long as offsite wetland mitigation is addressed. 2. Include new Development Order condition that the 31.39 acres of land to be added to the DRI contains 17.28 acres of jurisdictional wetlands to be impacted. Offsite mitigation for this impact must be addressed in the Environmental Resource Permit from the SFWMD. 3. The applicant must address the Collier County Land Development Code deviation or splitting the preserve for road access, space connection onto Livingston Road and lighting and buffer from adjacent residential development. 4, Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 5. Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. • ATI'A C DE NT I 4 \\ 's SARASOTA / ■ . ,. I .' *••■•.1...A.: .1/ : J i Dwir A \ 0111%1MBILI ,1 ,p r CHARLOTTE GLADES , ! It / r . _----- GULF OF - LEE HENDRY - ' MEXICO .'-'44411 0 ' PELICAN MARSH-3(ml tvo'rN\ p. ,,,,,,..„. COLLIER 4 \,) V,. , ,w---- Ar 74iik r 1 deP1v.l.rAti-14- WM 3 S 0 . 12 %ILES V csairwor.-43 ' veer r e:wvWC4 rn•.....-s r.kp efaMLL•q.y..,.... ........v-........TV..7.V 5 ALA y� l .. k s ■\; i 51;l i i s oo i__Q `1 4i ii , h i #3 ! g —)7)11; : 7 ] — i, ' I i 1 iv 4.:.rti.,:11. .:.::ilje......'"- .....,../. i•mb,'..": 1 i Ili i 4 =r rte• 1 'I; I'i i , 9 wrwtr --- - a o i • ■ d "-. -- - - _t�§_= ` ` `act;•..veer.., .:; •(,I� a i 1 a - • __,'veer0 1. . . ,„41 A rr , •s : a IL I.:J..!', , .':. IR E I �p II P;00. ...41.'.. 2P Ali i f.3A 1 1 ,..,- Airoll; , i x i 3 i g 0::: � 9 s d Y Y ��i :`4r � s ' S _ •• ---• _- i-r `-r..:∎-- -• •-- L �. i R Nte a <z d y 3 .:/''tea..•_.41 F g , F, ili VS. "..-.1.4;"1.--T.t . I. 11Hi.„‘1,. '''. . a� Q 0 00 00®0� t r It; 1 : f V. i _ �11,.,_ v Uw 1 i �r Awl ! r r[[1` riiit:IfY 7 i .....:—.:)..--11' ,,,,,,, _; 1:IUiPti 1 i 3 I Y 1 1 i [�. ._r=="� iii ,�• I ,,i'• ^may,_ :,cam== = „ '� � __i i i i S.4;�- �„,. Jf �'” S1 '\�.. ��` :"�.� 1 /',, � : 1 (!7 veer,. 1 -"Tl' T 'tai OM / ■■■■■ f 1,... .,:=-e_ • ` --sir.._.._. i11nnnnnnnnnnnnll I ,[ , 1 Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT' ECONOMIC OPPORTUNITY Received July 24, 2015 jut 3 1 2015 SWFRPC Mr. Michael Bosi, Director,Zoning Division Collier County Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: NOPC for Pelican Marsh DRI; File No. ADA-09-1994-007 Dear Mr. Bosi: The Department of Economic Opportunity received a Notification of Proposed Change (NOPC)to the Pelican Marsh Development of Regional Impact (DRI) on June 16, 2015, from Mr. D. Wayne Arnold, authorized representative of WCI Communities LLC. The applicant proposes to amend the DRI Development Order as follows: (1) add 31.39 acres to the DR1 and show the 31.39 acres as residential on Map H without increasing development entitlements for residential dwelling units, commercial and office uses; (2) modify Map H to show access from the subject 31.39 acres through approximately 2 acres of "Reserve" area to Livingston Road; and (3) modify Development Order Paragraph 4 of the Findings of Fact to reduce the amount of conservation area from 360.4 acres to 358.4 acres to reflect the decrease of 2 acres of Reserve to accommodate the access roadway. (NOPC Item 1): The proposed addition of 31.39 acres for residential development is presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3, Florida Statutes (F.S.). The proposed change does not increase entitlements for residential dwelling units and will likely not create additional impacts to regional transportation facilities. According to the environmental data (Pelican Marsh PUD/DRI Environmental Data,Collier Environmental Consultants, Inc., May 2015),the 31.39 acres contains 17.28 acres of jurisdictional wetlands that the applicant is proposing to impact, and the applicant proposes to mitigate the impacts off-site. The NOPC does not include proposed Development Order conditions to mitigate the impacts to these wetlands. The applicant has not rebutted the presumption with clear and convincing evidence that the proposed change will not create additional impacts to regional natural resources. Please see the enclosed comments from the South Florida Water Management District raising concerns regarding impacts to natural resources from proposed Florida Department of Economic Opportunity l Caldwell Building 107 E.Madison Street i Tallahassee,FL 32399 866.F1.r1.2345 ! 850.245.7105 850.921.3223 Fax www.floridajobs.org 1 www.twitter.com/FLDEO i www.facebook.com/FLI)EO } Mr. Michael Bosi July 24, 2015 Page 2 of 2 development of the 31.39 acres. Therefore,the Department objects to the proposed change (NOPC Item 1). (NOPC Items 2 and 3): The proposed change to Map H and Development Order Paragraph 4 (Findings of Fact)to accommodate access from Livingston Road to the additional 31.39 acres would decrease the "Reserve" area set aside for open space by 2 acres and create an additional access point on Livingston Road, and these proposed changes are presumed to create a substantial deviation pursuant to Section 380.06(19)(e)3., F.S. The NOPC has not rebutted the presumption with clear and convincing evidence that the 2 acres does not contain regional natural resources such that impacts to the 2 acres will not create additional impacts to regional natural resources. Therefore,the Department objects to the proposed change (NOPC Items 2 and 3). The Department recommends the applicant coordinate with the Southwest Florida Regional Planning Council, South Florida Water Management District, and Collier County to address the objections. If additional information is provided to adequately address the objections, the Department will reconsider its position. If you have any questions relating to this review, please contact Scott Rogers, Planning Analyst, at (850) 717-8510, or by email at scott.rogers@deo.myflorida.com. Sincerely, Ana Richmond, Chief Bureau of Community Planning i AR/sr Enclosures: SFWMD comments Collier County comments cc: D. Wayne Arnold, Q. Grady Minor and Associates, P.A. Margaret Wuerstle, Executive Director, Southwest Florida Regional Planning Council 3 CC7 P"I'' CO'GT.YLCy Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach,AICP,RLA,Principal Planner Zoning Division,Zoning Services Section From: Sue Faulkner,Principal Planner Zoning Division,Comprehensive Planning Section Date: June 29,2015 Subject: Future Land Use Element Consistency Review PETITION NUMBER: DOA-PL20140002309 PETITION NAME: Pelican Marsh Development of Regional Impact(DRI) REQUEST: The petitioner is requesting to amend the Pelican Marsh Development of Regional Impact (DRI) Development Order(DO)#95-1, as amended,to add±32 acres for a total of±2,245 acres. The petitioner is also requesting that the Pelican Marsh DRI be amended to reduce the designated reserve lands (located to the east of Livingston Road)by ±2 acres. As part of this request, the petitioner is proposing to amend Exhibit A—Legal Description and Exhibit D (Map H3) to show the additional acreage and an additional access point on Livingston Road. The petition is proposing that a maximum of 75 single family dwelling units could be constructed on this additional property, but that the total of 4,800 dwelling units previously approved for the Pelican Marsh DRI will remain unchanged. LOCATION: The subject property is located in the northeast quadrant of the intersection of Livingston Road and Vanderbilt Beach Road in Section 31,Township 48 South,Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is approximately±32 acres and is identified as Urban Designation, Mixed Use District, Urban Residential Subdistrict in the Future Land Use Plan(FLUE) Element of the Growth Management Plan. The existing MPUD has multiple future land use designations and is eligible for 3+DU/A. The petitioner has requested that the±32 acres of the subject site be rezoned from A, Rural Agricultural Zoning District to the Pelican Marsh Mixed Used Planned Unit Development (MPUD). This proposed MPUD zoning would allow up to a maximum of 75 residential dwelling units but without increasing the 4,800 total dwelling units approved for Pelican Marsh MPUD. As a result of this amendment, density would decrease from the approved 2.25 DU/A [4,800 DUs/2,133.6 acres (2,213.6 acres less 80 acres of commercial)] to the proposed 2.22 DU/A [4,800 DUs / 2,165.6 acres]. No changes are proposed to commercial uses or acreage, golf course, school site, etc. Therefore, the proposed density is consistent with Future Land Use Element(FLUE). Consistency with FLUE Policies 5.4 and 7.1—7.4 is addressed by staff in the companion PUDZ-A consistency review. CONCLUSION Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE. PETITION ON CITYVIEW cc: Michael Bosi,AICP,Director,Zoning Division David Weeks,AICP,Growth Management Manager,Zoning Division,Comprehensive Planning Section Raymond V.Bellows,Manager,Zoning Division,Zoning Services Section CD/FLUE file Page 1 of 1 COLLIER COUNTY Growth Management Department June 30,2015 Mr.D. Wayne Arnold, Q Grady Minor and Associates,P.A. 3800 Via Del Ray Bonita Springs,FL 34134 EMAIL-warnold @gradyminor.com; sumpenhour @gradyminor.com RE: Development Order Amendment,PL20140002309 Pelican Marsh(DOA) Review Letter# 1 Dear Mr.Arnold, The first review is now complete. Please respond to the review comments below. If you have i questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all reviw comments are satisfied. The following comments shall be addressed as noted: Review: Environmental Review Reviewed By: Richard Anderson Email: RichardAnderson @ colliergov.net Phone 4: (239)252-2483 Correction Comment 1: Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained,the maximum amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within existing utility,drainage, and access easements from the preserve calculations(LDC3.05.07 B.-D.).Proposed DRI DO Amendment text(paragraph 4.) shows 358.4 acres of conservation area while the Master Plan show 358.3 acres.Please correct. Review:Transportation Planning Review Reviewed By: Michael Sawyer Email: michaelsawyer @colliergov.net Phone#:(239)252-2926 Correction Comment 1: Miscellaneous Corrections Rev.1:Please revise master plan to clearly show both existing and proposed access points east of Livingston Road making sure locations meet 660'separation standards(including access for Hamilton Greens to the north). Please also revise master plan to show residential development located consistently with existing/constructed location(s)and make sure the master plan is readable at 8.5x11 format. Review:Zoning Review Reviewed By: Nancy Gundlach Email: nancygundlach @colliergov.net Phone#: (239)252-2484 Correction Comment 1: Miscellaneous Corrections Please revise all of the references from "Pelican Marsh MPUD"to "Pelican Marsh PUD." Review: County Attorney Review Reviewed By: Heidi Ashton Cicko Email: heidiashton @colliergov.net Phone#: (239)252-8400 Correction Comment 1: Miscellaneous Corrections Is the Pelican Marsh CDD being expanded to include the 32 acres? Correction Comment 2: Miscellaneous Corrections Please send amendment text in WORD format. Correction Comment 3: Miscellaneous Corrections Please reference the attached "Request for Legal Services"document. The following comments are informational and/or may include stipulations: Stipulation: • Stormwater Planning Review's stipulation for approval: Water Management System for the additional 32 acres will connect to and discharge into the existing Pelican Marsh Water Management System. GENERAL COMMENTS: Nancy Gundlach @(239)252-2484 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. 2. Please be advised that pursuant to the LDC,an application can be considered closed if there has been no activity on the application for a period of six(6)months. That six months period will be calculated from the date of this letter. 3. Please ensure that all members of your review team that may testify before the CCPC and the BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. 4. When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to all comments. 5. Please put revised dates on all exhibits and in the title block of the Site Plan. 6. Please provide electronic copies of the documents and exhibits(Word or jpg,as appropriate). 7. A partial resubmittal cannot be accepted;please do not resubmit until you can respond to ALL review comments. 8. Public hearings cannot be held until a Neighborhood Information Meeting(NIM)has been held. Please contact me to arrange that meeting.As you prepare for that meeting,please be aware of the following items: a) Please provide the required affidavit and its attachments prior to the meeting (in compliance with the LDC);and b) Please post signs to direct attendees to the exact meeting location;and c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone; and d) Due to county staff reductions,you, as the agent,will be required to provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape;and Please prepare documents for hand out to all NIM attendees and the public hearing file,that #: show the differences in the uses that would be allowed in the existing and proposed zoning districts.This request is based upon recent CCPC direction. Please direct all resubmittals through the Department of Operations&Regulatory Management—Business Center,providing the appropriate number of copies after making an appointment for your resubmittal. If you have any questions,please contact me at(239) 252-2484 or by e-mail at nancygundlach @colIiergov.net. Sincerely, ,t0,AlIy\ M1014146r Nancy Gundlach,AICP Principal Planner C: Barry Ernst, WCI Communities,LLC Heidi Ashton Cicko Michael Sawyer Richard Anderson �s - , SOUTH FLORIDA WATER MANAGEMENT DISTRICT \L•�n�,µ/ Regulation Division July 2, 2015 Michael J. Delate, P.E. Q. Grady Minor&Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Subject: Pelican Marsh East Environmental Resource Permit Application No. 150604-14 Collier County Dear Mr. Delate: District staff has reviewed the above-referenced application. As discussed with Marco Espinar on June 12, 2015, the District is requesting the following information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's Handbook Volume I (Vol. I), adopted by reference in Section 62.330.010(4)(a), Florida Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for permit issuance: 1. The proposed project is immediately surrounded primarily by District conservation easements, and the current site plan results in impacts to 100% of the on-site wetlands, as well as impacts to an adjacent offsite conservation easement for the proposed access road. Please provide a reduction and elimination analysis pursuant to Section 10.2.1, Vol. I. It appears that design modifications can be made to reduce direct wetland impacts onsite, to reduce offsite secondary impacts, and to maintain some level of connectivity between the adjacent preserve areas. 2. With regard to the legal memorandum submitted to support the need to access the site through the adjacent conservation area, please provide the following information (Section 10.2.1. Vol. land 62-330.301 F.A.C): a. Please provide a copy of all of the exhibits referenced in the memorandum. b, Please provide more information regarding any prior common ownership of the subject site and the adjacent permitted developments referenced in the memorandum. c. Please clarify which access points to the site were discussed with the neighboring communities. DISTRICT HEADQUARTERS: 3301 Gun Club Road,West I'alm Beach,Florida 33406 • (561)686-8800 • (800)432-2045 Mailing Address: PO BOX 24680 West Palm Beach FL,33416-4680 LOWER WEST COAST SERVICE CENTER:2301 McGregor Boulevard,Fort Myers,FL 33901 •(239)338-2929• (800)248-1201 OKEECHOBEE SERVICE CENTER: 3800 N.W.166 Blvd,Suite A,Okeechobee,FL 34972 •(863)462-5260 • (800)250-4200 ORLANDO SERVICE CENTER: 1707 Orlando Central Parkway,Suite 200,Orlando FL 32809 •(407)858-6100 • (800)250-4250 Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 2 d. Page 4 of the memorandum states that The requisite factors for an implied grant of way have been met in this case by WCI." Please clarify what steps have been taken legally to establish the Implied Grant of Way. Once this information has been provided, District staff recommends scheduling a meeting to discuss all possible alternatives for access to the site. 3. Please schedule a site inspection with District staff to review existing field conditions, methods used to establish the control elevation, wetland limits, direct and secondary wetland impacts, and to discuss the functional assessment. Depending on the results of the site inspection, additional information may be necessary in accordance with Section 10.0 of Vol. I. Please contact Matt Brosious, the environmental reviewer, at (239) 338-2929 ext. 7713 or email at jbrosiou @sfwmd.gov to arrange a field inspection and to discuss the project. a. The District acknowledges the submitted functional assessment. However, the functional assessment will not be finalized until after the site visit and once all remaining requests for additional information comments have been addressed. 4. An application to modify the Touchstone Parcel Addition to Tiburon, Permit No. 11-01568- P-02, for the partial release of the access road from the conservation easement has not been received to date. Please submit an Individual permit modification to this permit; these applications will be reviewed concurrently, and neither will be deemed complete until both are complete. a. In order to ensure the applicant has sufficient legal interest to conduct the work associated with the subject application, the easement(as required by previous action) must also be released by the SFWMD Governing Board. The partial release will be placed on the next available Governing Board Agenda following the approval of the project. In accordance with Section 10.0 of Vol. I, once the Governing Board takes action, we will notify you of the outcome. b. To process the partial release of conservation easement, please submit two (2) original partial release of conservation easement forms (available from District staff upon request), along with the associated sketch and legal description of the release areas. 5. Pursuant to Section 10.2.7 of the Applicants Handbook, Vol. I, an applicant must provide reasonable assurances that a proposed project will not cause adverse secondary impacts to water resources (i.e wetlands and wildlife). Please revise the site plan, environmental plans, and cross-sections per the following comments: a. Cross-sections H and L in the engineering plans depict a 9' structural buffer to the adjacent wetland areas. In order to reduce the effect of secondary impacts to III Michael J. Deiate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 3 wetland functions as a result of construction activities, a minimum 15' and average 25' upland buffer is required. If the minimum buffer is not provided, secondary impacts will be assessed to adjacent wetlands where the proposed construction activities are adjacent to wetlands..Please quantify and provide mitigation for the secondary impacts that will result from the proposed project design. Also, please depict native plantings on the back slope of the berm and conservation area signs on cross-sections H and L. Please include a native planting table on the plans. 6. The environmental supplement stated that no secondary impacts are anticipated with the construction of the access road through existing wetlands under conservation easement. Please quantify and provide a functional assessment for the secondary impacts associated with the road. Secondary impacts will be assessed on both sides of the road. The extent of secondary impacts will be discussed during the site visit with District staff. a. Please provide at least one cross-section for the access road in the engineering plans. b. The access road, as proposed, isolates the wetlands south of the road, consequently secondarily impacting them. Please quantify and provide a functional assessment for the secondary impacts on the wetlands south of the road. 7. Based on the submitted information, the proposed project does not appear to meet the conditions for issuance in Section 10.2.1.2 of Volume land Sections 62-330.301-302 F.A.C. The proposed site plan results in 100% impacts to onsite wetlands and will secondarily impact and reduce the ecological value of adjacent preserve areas, Once all of the wetland impacts have been identified and quantified, a formal mitigation plan will need to be submitted that adequately offsets the proposed impacts. A letter of reservation will be required for any offsite mitigation bank credits that are proposed. A cumulative impact assessment will be required for any mitigation proposed outside of the West Collier Basin. Financial assurances, a conservation easement, and a mitigation, monitoring and maintenance plan, etc., will be required for any proposed offsite mitigation areas. 8. Please demonstrate that the proposed project will not result in adverse impacts to wetland- dependent and listed species. Based on the comments in the July 1, 2015 letter from Florida Fish and Wildlife Conservation Commission, please provide a Big Cypress fox squirrel and black bear management plan. Further coordination with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service will be required to ensure that all wildlife issues are adequately addressed. Please provide any comments received from the above mentioned wildlife agencies (Section 10.2.2, Vol. I). 9. Please demonstrate that the project will not adversely affect the hydrology of offsite wetlands. More specifically, the wetland preserves to the southeast of the project, between Wilshire Lakes and the project. It appears in the engineering plans that all stormwater will Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 _ Page 4 be directed to the west through the stormwater management system (Section 10.2.7, Vol. I). 10.Please revise the "Clearing & Erosion Control Plan" to show double row silt fence along the perimeter of the site in the areas that are adjacent to off-site wetland / preserve areas. Also, please be sure to include a typical double row silt fence detail (Section 4.1.2, Vol. II) 11.Please revise the rear yard drains and culverts shown on Parcels 20 —24 on plan sheet 6 of 11 to eliminate the short circuiting of the stormwater management system. (Part V, Vol. II) 12.Please clarify how the stormwater runoff will be directed to the proposed dry retention areas. Also, please indicate the areas of the proposed project that will direct the runoff to the dry retention areas. (Section 5.3, Vol. 11) 13.Please provide site specific data in the model to demonstrate that the dry retention portions of the system have the capability to percolate the required retention volume in a three day period. (Section 5.7.5, Vol. II) 14.Please provide consistent vertical datum information on the plans. Specifically, plan sheet 4 of 11 indicates that the vertical datum is NGVD, 1929 while the Surface Water Management Summary on plan sheet 6 of 11 and the Stormwater Management Report uses NAVD, 1988. (Part III, Vol. II) 15.Please revise the Land Use Summary shown on plan sheet 6 of 11 such that it provides the total roof area and total dry retention area. (Section 4.2.2, Vol. II) 16.Please clarify if the stormwater management system for the entry road will provide dry u` detention or retention. If a detention system will be utilized, please indicate if the treated stormwater will discharge through structure CS-1. (Parts ill and IV, Vol. II) 17.When calculating the nutrient removal for the stormwater runoff, please calculate the removal rates for the dry retention areas separate from the wet detention areas since they appear to operate as separate systems. (Sections 5.3 and 5.4, Vol. II) 18.Pursuant to Section 2.3 of Vol. II, please provide a letter of water and wastewater availability from the pertinent supplier. If groundwater wells and septic tanks will be used, please apply for a Consumptive Use Water Use Permit and show the approximate location of the septic tanks with respect to all of the stormwater management lakes and retention areas. Water use applications are required to be submitted and processed simultaneously with ERP application. 19.Please demonstrate the project design will not have adverse impact to the flood plain onsite and offsite (ie adjacent properties). The requested information should demonstrate Michael J. Defate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 5 that stages during the 25-year, 3-day and 100-year, 3-day storm events at both the project site and project boundaries (upstream and downstream lands) will not stage higher than existing conditions. (Section 3.6, Vol_ II) 20.Regarding the Typical Entry Road Section shown on Sheet 10 of 11, please provide the following information: • The minimum elevation for the top of bank on the north side of the road. (Section 3.5, Vol. II) • A detail of the end treatment for the proposed cross drain culverts. Based on the inverts shown on the plans and the existing topography, it appears that the end of the culverts will be sumped. (Section 3.5, Vol. II) 21.What is the proposed source for landscape irrigation water? Will temporary dewatering be required as part of the construction activities? Please contact Brad Cook, P.G. at (239) 338-2929 Ext. 7746 to determine if a Water Use Permit(s) will be required for irrigation and/or dewatering. Because of the inseparable nature of water use and surface water management, and in accordance with Subsection 2.3(b), Environmental Resource Permit Applicant's Handbook Volume II, District staff will review these applications concurrently and final agency action will be taken only when both applications have been deemed complete. Advisory Comment: The following comment is advisory in nature and does not require a response to the District. A `!Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP) is required for a construction activity which ultimately disturbs an acre or more and contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system. The permit required under FDEP's NPDES stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP at NPDES-stormwaterAdep.state.fl.us. For additional information on the NPDES Stormwater Program including all regulations and forms cited in the brochure visit: www.dep.state.fi.us/water/stormwaterinpdes/ . Please submit responses to this letter electronically on the District's ePermitting website (www.sfwmd.gov/epermitting) using the Additional Submittals link to expedite administrative processing of the application and to save paper. Please note that an electronic response may be submitted even if the original application was submitted via hard copy. Information 1 { Michael J. Delate, P.E. Pelican Marsh East, Application No. 150604-14 July 2, 2015 Page 6 regarding the District's comprehensive ePermitting program is enclosed. Alternatively, please provide one (1) original copy of the requested information, clearly labeled with the application number, to the Lower West Coast Regional Service Center. In accordance with section 5.5.3.5 of Vol. I and paragraph 40E-1.603(1)(d) F.A.C., if the �F requested information is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. If additional time is needed, please contact one of the District staff members below with a request for an extension before the 90 day period ends. The District recommends contacting the assigned staff members to resolve the above questions and concerns prior to submitting a response. Kenneth Kellum, P.E., Senior Engineer at (239) 338-2929 Ext. 7793, or via email at kkellum @sfwmd.gov; and Matt Brosious, at (239) 338-2929 Ext. 7713, or via email at jbrosiou @sfwmd.gov are available to assist with questions. Sincerely, 44.4a- Laura P. Lay an Section Leader South Florida Water Management District LL/kwk Enclosure cc: Paul Erhardt, WCI Communities, LLC Marco Espinar John Fumero Teresa L. Cannon From: Gundlach, Nancy Sent: Wednesday, December 02, 2015 11:20 AM To: Ashton, Heidi; Bellows, Ray; Bosi, Michael; Brock, Mary Jo;filson_s; Klatzkow,Jeff; LeaSandra; Minutes and Records; Puig, Judy; Stone, Scott;Andrew Solis (asolis @cohenlaw.com); Chrzanowski, Stan; Ebert, Diane; Homiak, Karen; Roman, Charlette; Strain, Mark;Thomas Eastman; Wafaa Assaad Cc: BrownAraque, Summer; Sawyer, Michael; Mosca, Michele; Scott, Trinity; Lenberger, Steve;Weeks, David;VanLengen, Kris Subject: FW: Pelican Marsh DRI/PUD - PL20140002211 and PL20140002309 Importance: High Good morning, The Pelican Marsh land use petitions which were originally scheduled to be heard on December 3, 2015, have been continued to December 17, 2015. Sincerely, 7teucert Nancy Gundlach,AICP, PLA# 1244 Principal Planner, Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancvgundlach @colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From:Sharon Umpenhour[mailto:SUmpenhour @gradyminor.com] Sent:Wednesday, December 02, 2015 10:53 AM To:GundlachNancy<NancyGundlach@colliergov.net> Cc: BellowsRay<RayBellows@colliergov.net>; StrainMark<MarkStrainPcolliergov.net>; Wayne Arnold <WArnold(a@gradyminor.com>; Richard D. Yovanovich (rvovanovich@cyklawfirm.com)<ryovanovich@cyklawfirm.com>; Dianna Quintanilla (DQuintanilla @cyklawfirm.com) <DQuintanilla @cyklawfirm.com> Subject: Pelican Marsh DRI/PUD- PL20140002211 and PL20140002309 Nancy, We would like to request a continuance of the December 3, 2015 CCPC hearing to December 17, 2015. Sharon Umpenhour 1 Senior Planning Technician ga Grady Minor Q.Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs,FL 34134 Phone-239.947.1144 Fax-239.947.0375 Email-sumpenhour @gradyminor.com Web-http://www.gradyminor.com DISCLAIMER:This communication from Q.Grady Minor&Associates,P.A.,along with any attachments or electronic data is intended only for the addressee(s)named above and may contain information that is confidential,legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions:The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified"plan of record"along with actual project site conditions.Q.Grady Minor&Associates,P.A.reserves the right to revise,update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 AGENDA ITEM 9-C Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 3, 2015 SUBJECT: PUDR-PL20140002211, PELICAN MARSH PUD (PLANNED UNIT DEVELOPMENT) (COMPANION ITEM TO DOA-PL20140002309, PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT(DRI)) APPLICANT/CONTRACT PURCHASER: Applicant/Contract Purchaser: WCI Communities, LLC 24301 Walden Center Drive Bonita Springs, FL 34134 PROPERTY OWNERS/AGENTS: Property Owners: Agents: Robert J. Haaga D. Wayne Arnold Tiburon Golf Ventures Q. Grady Minor and Associates,P.A. Vanderbilt Beach Road Land Trust 3800 Via Del Rey Mary Longer Tr Est, Trustee of the Bonita Springs,FL 34134 Mary V. Longner Living Trust Richard D. Yovanovich, Esquire Coleman,Yovanovich&Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 NOTE: Over 3,200 parcels within the DRI have been sold to others. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 1 of 19 r ��io ` r %=1 ® =01w-e�r ,_ ` ' M t J. i I Q ; ' ■ l , t' ��1' iIPJ 10111- r 1::1 gam.-_ J ..= ..._' .~ rl' Cis _ _ --�.: mov A rid I;I Ii .�1 �,....,� r•i —. ._ : �:uumur uuuuuuuuuu., �� 1-d WC � I OII16 IIIIIrllrlrrlrllllllllrlll "1 lull r ��1 �,rmuumll: 3}t ,, Z I��11 I 'II,i -• ��II. uul uu'.. f` ii'i`' !' p t� t_`�� :1,--_E; � �rl� F 11111: I •.' lL Q F'► 1111U 1,4,4 { NFL F 1 11-= 1- - p1111111111111111J11111111. �,••%'0S �1 � II..Y 11=� - �� ` , �_`,I I �' 1f' '= J Sri �� Yy e IL\�f' �� Cl �\ ry is 4 4.itii©_I ti 1'"� :.—{�i:ii ,k,iii _T 7o� . ^��L�1IT'I i• ,-I,T ,n.=,k,1 �I P LIN: PL4ty V fi �.�:_%�\ I 1F1■ \� }�� - _ t / -� �Cl �1 illli Z Liii .:::!.:'..,.:71,"!'”:::. 11110 S'i:i71 �"1441,!,,":.):'1,rs. �� 6 �� le= _'IIlllnm�w��ell N -C:� r -: r:-• N. ��.sh r._I_ IIIIII1111(I_N11111/ N _� �� :g„�d ��.� i .+t■l uluwilinuunu11111161 my __ _ �, �" °'� 1 ate.. )7" �'f111uuur e.. 1i—� —__ 1• , !H ! . Ql - 2i/r.110•41:440:ossW,V111/=ar�:%i 01, , G 411//// l��--`-_ ■1111 ele � � pu■ '; rs1 ,.M...IM■ e, ° if - !• Arts r�11i ,�,�ro��A.I I:.Al�:r , ■ i_ � �` All� � I ../IO► • • � t♦ ��111{. .gyp♦ ♦1, �1►1�� N it��... ■. Ilf d p / nrir+�s� .a'�i��r. a s,•.t�il/rUidO �i��yai��jr� i '.: �_: l a 11,.1,.1. I� �urt•S■ /''''''•I'� ,•t• r �r ;T �...._ I�1111111bc WIIIQI�.L11u1�.: :. ..diru11111�1111��11{fl{l:L/. p n• �l� a 3WDS 01 ION Cr D a I u t z P g ,ng . "fit e r " b (3D n 3k Sa'" R is aS - �ao d Q " y d IL NOI9NLL.W , SL"31tlL 31N1 41-30150 31N1 BRA A1 A0 , A- S000%5031/410 r E � a .iaC- F ' g m ' � m € m • El-Will III z ,� gI ark ll mi Q x--------L-n-- .4-1 Z �� 0 yH f ry �t\�1 SV f ig ' iu N '11 ill in Ftl ortn?r s a 1 \w�� pie J1 /iii ` � � - 1 — Q �� ` �s 0 ii \ 11 J �� A�\��j�� ane mor xuww nag' �j la- 'lime � ` 44 U Zip I must Alm (wen) Irfa sworn _ OM 1IIT�I -. i'9 P F ti 1 ! ,...... i 1 '4#•Clo-a--al 1 i lig 1 ,.... , 1 .'l 1 1 iil 1 1 • I ,• • • -• Aft_411_-_ -+-1.: ,' II I 1 , „..,,,, ...—•-:..-;_ ,------- • 1 I.V 1 - 2- • e- • We tar ' a. t - -:- _ PI,J. NI • 'Nu.' • -' . • --7-IV, . — I i ) -177d2 ■IPAVal.....,..,_:_,,. , z cc cc 1 . -.. -- -. ., . ' .-..... /77—"\ NSVZ.g. .ir --""•••4 / ' I - _ A • ., ) .• ,•- -7.-‘ 'l• .-.. ; " li i ' '• '' * ' •,4t , , , !I\'' '' . • 1 1 - - . .:,....„ —1011 , • 1 .111i ,1111■4. . -4441Kilk , ,_ 1 t...., ..... i klr. ).. i 5 .1 VV VVVV V V 1 I .—../ r : .4011.41W CO 5 ,i 14 1 2 1. a g , z-7-7--:::_ ITa.,-;;;;;;,-.6; - • a. 1.., 8 ii . lip_ . ,c.777 Ts- „pill- 0 ta Cn i I i VI II i tmI V giti4 10 CU I 1,, 1 .•:;•-›....—:".- _-_41, ' • ill !1 11 I 1,1 1 i i 11 it I .. --41 -• - ...-........, 1 Nis I 11 I ilii 11 i ; . •- ... ,-.'s:_—_,-..-.. ... . c al bc p = 0 2 • tO V b „ iii I ' AO ift4e-;%7N V 1 'as 0 00 00000 1 i : k . „pm 0_ -, .•. i.. . 1)77-) % , r filiva.e . ‘ \ ,... ...,...0, ,.y. L01,, 40:, ........ r:- ....„. - 7.../.,._ , %Z V•• 4...,j--..-'.._..ai "mu ----..,). --- .: illar-AW.A / ji 1 MINI . 1 , - • I It, - r '-'.-- - - :.......-- A „_. .... ..-- , . ,..% **I 1 1 , ,... „ . „,,--,....., _ __, we- Too (--- 4.1,... 010 1 • of,:er A.... 1 _. ./.. 4 El „ . .... _,. 7-1----"ir -1' 1( ../■• lit . 1 . / 1 ' .,. -.... ---;:;-07,.., • ilir Niw-.4,z trs.. 1 1, . ,/,,,,,,, -..„.. ••_:: ( .1.. • ifr ,/.. . e inns.' . 1 Ir4. , i.- . , ,,-.:,-.,ip i • e, .4:4 -:' y C o ,,,,,m6,7 innrinnnnrionnnnnni I 1-7-- i f a T 1 1 m Viz.._..__ 11111111 Ii E? - iZiP V. CcD5 ! B.,4•Alli I ; lig R 2.2c -- : .---....-. --..,..--51"-'""I` i C i I 4 e °14 Nom. I!' 'a' (4 ........--------uws.M ear �• j ter 4 ; -- -' .'• ." ,. --...... 7----\ • •Sk%-*.,211T-if" ----4 Ili 1 2 z , , 4 ' ' " 1 !!gt,N -04-41=tri 111:1111i*,,/1 ,-,..6F. t 1 li4 --"1111'k'. ."1.111111itillkirl. 1 ' i s a i REQUESTED ACTION: The petitioner requests that the Collier Coun ty Planning Commission (CCPC) consider amending Ordinance Number 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of and adding 31.39± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add R1 district parcels for 75 single-family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance No. 2002-71 which omitted 141.6± acres east of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the Rl district; by reducing the reserve by 2 acres; and by providing an effective date. GEOGRAPHIC LOCATION: The subject property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County,Florida. The entire Pelican Marsh PUD consists of 2,245±acres (Please see the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Pelican Marsh DRI/PUD was originally approved in Ordinance Number 93-27 and it along with four subsequent ordinances have been repealed. The current Ordinance Number 2002-71 was approved on December 17, 2002. (Please see Attachment: Ordinance Number 2002-71.) The petitioner proposes the addition of 31.39± acres of land zoned Rural Agricultural (A) into the Pelican Marsh PUD for a maximum of 75 single-family detached dwelling units. The proposed 75 dwelling units are within the previously approved threshold of 4,800 dwelling units. The petitioner also proposes a new ingress/egress point from Livingston Road through an existing reserve (now known as a preserve) area. While the addition of the new ingress/egress point will reduce the previously approved reserve/preserve area by 2 acres, the Pelican Marsh PUD will exceed the required preserve area by approximately 114.92+ acres (358.4 acres preserve area provided minus 243.48 acres preserve area required is 114.92+acres). The additional land has been designated as R1 on the Master Plan, and R1 land uses and development standards have been added to the PUD document. The development standards for the R1 area are the same as the previously approved single-family detached development standards except as noted below: - A minimum lot area of 7,500 square feet - A minimum lot width of 75 feet - A front yard setback of 25 feet PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 5 of 19 - A side yard with a side loaded garage setback of 15 feet - A principal side yard setback of 7.5 feet and a new proposed accessory setback of 5 feet - A principal rear yard setback of 20 feet and a new proposed accessory setback of 10 feet - A principal preserve setback of 25 feet and an accessory setback of 10 feet - A maximum zoned building height of 35 feet and a new proposed actual building height of 40 feet - A distance between principal structures of 15 feet and a new proposed distance of 10 feet for accessory structures; and - A minimum floor area of 1,800 square feet. The Legal Description in the PUD document has been revised to include the additional 31.39+ acres and the Native Vegetation Requirements in Section 2.18 of the PUD document have been clarified to identify 358.4+ acres of retained native vegetation. A scrivener's error in Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road on the Master Plan has been corrected. In addition, the Master Plan has been revised to show the additional 31.39+ acres of land and an access point from Livingston Road. SURROUNDING LAND USE AND ZONING (as related to the access road and subject property to be added to PUD): North: Preserve and residences within the Hamilton Greens PUD, a 29.68+ acre residential PUD with a density of 2.96 dwelling units per acre and Wilshire Lakes PUD, a 246.41+ acre residential PUD with a density of 2.2 dwelling units per acre East: Preserve and residences within the Wilshire Lakes PUD, a 246.41+ acre residential PUD with a density of 2.2 dwelling units per acre South: Preserve, golf course and then residences (Marsala at Tiburon) located within the Pelican Marsh PUD, a 2214+acre mixed-use PUD with a density of 2.16 dwelling units per acre West: Livingston Road and then golf course (Tiburon) within the Pelican Marsh PUD, a 2214+ acre mixed-use PUD with a density of 2.16 dwelling units per acre PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 6 of 19 , „ .'�' ,}1 9LIP y4M,14if+1 w.Mfil 4if.. ∎ip,1r� ,v4 Proposed Access l' —.��' I'l '-',..44.4141.* �,* G4 `" Roadway .,�., X > s L f F4 .Af. L ' 2.- r :4111, _ " �✓� _ Subject Property ' ` ' '+C*;'t ■ being added to PUD z y r ,� 1 r TA 1, " "e -- pct Ilit t 1'I t. p�i■� , ,.7w'" °r• —,5'-- 1 .f 1 '.},41:. A t er'�'•• 1y I_ fa 6 ..- -. '" ', ill y,` n,ckAa .2.,- Current PUD ' :;` s 'Idi$1 ^.,cam Ltd ...a -- --.. • t..,r , 'Ay _ tea b' Sr*,: A'12 .- - Boundary -3q 1 cF �yo. .v-4,os•cot If N '1► , :7-i ♦ to 7qq Y ..kew.a+V.-minty Pm Cent A.MYSar,M.aa.,I Lt �. r i' ,j; I •t1I 1. rfii Awl AERIAL PHOTO—far away (Please note: this Aerial shows the proposed access road and property being added to the Pelican Marsh PUD.) PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 7 of 19 Proposed Access _A-‘*: 0110110 411 ' - [ Roadway 1' V ;r. 4 i ' ■ 1 .,tr' • • • ■■ + , i +�4 lf*10ii► V 4 t '" ° ' N 4°41 T. 1 Subject Property • 1 , :t: being added to PUD • .'e,► V -. i :- „ . , P ,. , IN, if ', • Current PUD ;` f� ' ;r-t' Boundary 1 Coa. ...flIK PkccadvA op raaur Nevus.r} - r.,ro " , 'a;V 0■52ft �.A.. AERIAL PHOTO -close up (Please note: this Aerial shows the proposed access road and property being added to the Pelican Marsh PUD.) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject site is approximately 32±acres and is identified as Urban Designation, Mixed Use District, Urban Residential Subdistrict in the Future Land Use Plan(FLUE)Element of the Growth Management Plan. The existing MPUD(Mixed Use Planned Unit Development) has multiple future land use designations and is eligible for 3+ DU/A (dwelling units per acre). The petitioner has requested that the ±32 acres of the subject site be rezoned from A, Rural Agricultural Zoning District to the Pelican Marsh Mixed Use Planned Unit Development(MPUD). This proposed MPUD zoning would allow up to a maximum of 75 residential dwelling units, but without increasing the 4,800 total dwelling units approved for Pelican Marsh MPUD. As a result of this amendment, density would decrease from the approved 2.25 DU/A [4,800 DUs / 2,133.6 acres (2,213.6 acres less 80 acres of commercial)] to the proposed 2.22 DU/A [4,800 DUs / PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 8 of 19 2,165.6 acres]. No changes are proposed to commercial uses or acreage, golf course, school site, etc. Therefore,the proposed density is consistent with Future Land Use Element(FLUE). In reviewing for consistency with Policy 5.4 of the FLUE (policies shown in italics) for the purpose of promoting sound planning, protecting environmentally sensitive lands and habitat for listed species while protecting private property rights, and ensuring compatibility of land uses, staff provides the following analysis in bold text. FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition. Please see the "Zoning and Land Development Review"section of this Staff Report.] In reviewing for consistency with Objective 7 and the related Policies of the FLUE regarding Smart Growth principles (interconnections, loop road, sidewalks/trails, etc.) staff provides the following analysis in bold text. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. ["Exhibit D, MAP H3" (Revised Map H), Master Plan, depicts a potential access road going through the Pelican Marsh Reserve District. This access road would connect the additional 32± acres to Livingston Road, which is a Minor Arterial (Urban and Rural) road as identified in the Transportation Element of the Growth Management Plan. As part of this application, the petitioner has requested to reduce the Reserve District by 2 acres to allow for this potential access road and to add an access point on Livingston Road. The proposed connection to the arterial road is consistent with Policy 7.1.] FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [A new access point is proposed onto Livingston Road to serve the proposed 32-acre expansion for proposed 75 DUs (dwelling units). All access to the 75 DUs will be from this new access road.] FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their 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. ["Exhibit 3, Evaluation Criteria" in the application stated, "No interconnections to the adjacent Marsala at Tiburon or Wilshire PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 9of19 Lakes communities are proposed. Both are developed, gated communities and interconnection is not practical or feasible." Staff concurs.] FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The existing MPUD is approved for a variety of land uses, including 80 acres of commercial; 4,800 residential units; golf course; school; and conservation areas, and is significantly developed. PUD Section 8.11A. provides for substitutions to subdivision regulations pertaining to sidewalks, generally requiring a sidewalk or bike path on one side of the street only. Staff recommends this 32-acre expansion site be required to provide sidewalks as required by the LDC.] Staff reviewed the companion DRI Amendment separately. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR [Annual Update and Inventory Report] or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard [LOS] within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed rezoning will generate approximately 81 p.m. peak hour, peak direction trips on the immediately adjacent link, Livingston Road. Livingston Road is a six-lane divided facility that has a current service volume of 3,100 trips, with a remaining capacity of approximately 1,384 trips between Immokalee Road and Vanderbilt Beach Road; it is currently at LOS "C" as shown in the PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 10 of 19 2014 AUIR. Staff also evaluated the LOS for this road segment based on the yet to be adopted 2015 AUIR which indicates the same service volume of 3,100 trips, and a remaining capacity of 1,424 trips and the same LOS "C." Staff also notes that, as outlined in the Transportation Statement provided by the applicant, the proposed rezoning is not proposing additional dwelling units. Therefore, the proposed project does not significantly impact adjacent roadway links. There is sufficient capacity to accommodate this PUD Rezone within the 5-year transportation planning period and the petition is consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element. A minimum of 243.48 acres of native vegetation are required to be retained for the PUD. Existing preserves within the PUD exceed this requirement, with 358.4 acres of retained native vegetation identified as Reserve on the PUD master plan. According to the environmental data provided with the application for PUD amendment, approximately 17.28 acres of jurisdictional wetlands are to be impacted within the lands to be added to the PUD. The Uniform Mitigation Assessment Method(UMAM) assessment functions of these wetlands are between 4 and 7 based on the UMAM assessment provided for the Environmental Resource Permit (ERP) application, on line at the SFWMD (South Florida Water Management District) web page. According to the ERP application, another 2.32 areas of jurisdictional wetlands will be impacted for construction of the proposed access road through the existing preserve within the PUD. Wetland mitigation credits required for these impacts are 10.38 and 1.53,respectively, according to the ERP application. In accordance with CCME Policy 6.2.4, `within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency." The CCME Policy further states that "where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within the area." Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the FLUE, but recommends sidewalks be provided on this 32-acre addition per the LDC. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Collier County Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading"Zoning and Land Development Review Analysis."In addition, staff offers the following analyses: PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 11 of 19 Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. Impacts to a previously approved preserve are proposed and a deviation from an environmental standard is required. Pursuant to Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Codes of Laws and Ordinances, the project requires review by the Environmental Advisory Council (EAC). LDC section 3.05.07 A.5 requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. The proposal to split an existing preserve for a driveway to access the land to be added to the PUD will make the preserve less conforming and therefore require a deviation from the LDC provision. As with other deviations to the LDC, the deviation is required to be included in the PUD document. In order for staff to evaluate the request, staff reviewed PUD records on file at the County. Habitats present within the preserve consist predominantly of a mix of pine and cypress, with smaller areas of pine flatwoods within the preserve. Given this information, staff would recommend not altering the proposed alignment of the roadway,thus keeping the roadway near the periphery of the preserve in order to minimize impacts to the preserve. Such an alignment would also be expected to have the least impact on listed species within the preserve. Listed species likely to occur within the preserve would be wading birds and alligators, both of which have been seen by residents in the water management lakes of the golf course adjacent to the preserve. Stipulation for approval: LDC section 3.05.07 A.5 requires preserves to be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. The proposal to split an existing preserve for a roadway to access the land to be added to the PUD will make the preserve less conforming and will therefore require a deviation from the LDC provision. The deviation from this LDC provision shall be included in the PUD document. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Collier County Public Schools (CCPS) District Review: CCPS staff has reviewed the petition and has concluded that there is sufficient capacity for the proposed development within the elementary and middle concurrency service areas and within an adjacent high school concurrency area. This finding is for planning and informational purposes only and does not constitute either a determination of capacity or concurrency for the proposed project. At the time of site development plan or plat, the development will be reviewed for concurrency. This is to ensure that there is capacity either within the concurrency service area that this development is located in or within adjacent concurrency service areas such that the level of service standards are not exceeded. Zoning and Land Development Review: As previously stated, this PUD rezone petition adds 31.39± acres of land zoned Rural Agricultural (A) and an additional access road through an PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 12 of 19 existing reserve/preserve into the Pelican Marsh PUD for a maximum of 75 single-family detached dwelling units. Staff has conducted a site visit and finds the proposed single-family development is generally compatible with the surrounding single-family residences,reserve/preserve area and golf course. However, the existing neighbors to the south and east located within Marsala at Tiburon and Wilshire Lakes have expressed concerns via letters of concern (see attachment) and at the NIM (Neighborhood Information Meeting) regarding the impact of the proposed residences and access road through the preserve to their homes. Staff is concerned about the impact of the automobile headlights from the proposed access road and proposed development on the existing residences located in Marsala at Tiburon and Wilshire Lakes. Therefore, Staff has requested and the applicant has provided additional landscape screening in the form of a Type B Landscape Buffer along the areas that are impacted. The Type B Landscape Buffer language has been added to Section 2.11 "Landscape Buffers,Berms, Fences and Walls"of the PUD document. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan(GMP). 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential lands. The residential land uses proposed in this PUD petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 13 of 19 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add an additional 31.39± acres of land and an access roadway to the Pelican Marsh PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall density and intensity of residential land uses allowed by the current PUD are not exceeded in the proposed PUD rezone. However, the residents expressed concerns about the impact of the proposed homes and access road on their homes. To minimize the impact of the automobile headlights, Staff has requested a Type B Landscape Buffer which the applicant has agreed to provide. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)/Plans and Plat review. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 14 of 19 Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market demand. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the property surrounding the subject site is developed or undergoing construction. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. ff 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development will comply with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 15 of 19 Any development anticipated by the PUD document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property and roadway access to the subject site. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 16 of 19 County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. As previously stated, to address the concern of automobile headlights shining into the existing residences from the proposed access road, the applicant is providing a Type B Landscape Buffer along the access road and adjacent to the existing Wilshire Lakes residences. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Not applicable. As previously stated, the changes are to add additional land and an access road into the PUD boundary. NEIGHBORHOOD INFORMATION MEETING (MM): The agent/applicant duly noticed and held the required NIM on September 2, 2015. For further information,please see Attachment: NIM Transcript. PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 17 of 19 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDR-PL20140002211, Pelican Marsh PUD,revised on November 10,2015. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDR-PL20140002211, Pelican Marsh PUD to the Board of County Commissioners with a recommendation of approval subject to the following stipulation: 1. A Deviation from the preserve configuration shall be added to the PUD document. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 2002-71 Attachment C: NIM Summary Attachment D: Letters of Concern Attachment E: Exhibit 1-Disclosure of Interest Information 1 Z PELICAN MARSH PUD,PUDR-PL20140002211 November 19,2015 Page 18 of 19 PREPARED BY: ALLA). &Alto LA D 2015 NANCY G Vs H, AICP,PLA DATE PRINCIPA I'LANNER ZONING D ISION REVIEWED BY: t • - t „ _ it-S-Is RA ✓ 0 V. BELLOWS,ZONING MANAGER DATE ZON DIVISION MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: 411.1.4/ tr/ -06e- J; S FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT .i l � �� / i5 DAVID S. WILKISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT PELICAN MARSH PUD,PUDR-PL20140002211 October 30,2015 Page 19 of 19 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2002-71, THE PELICAN MARSH PLANNED UNIT DEVELOPMENT, • AND AMENDING ORDINANCE NO. 2004-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 32+ ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE PELICAN MARSH PUD; BY AMENDING THE PLANNED UNIT DEVELOPMENT DOCUMENT AND THE MASTER PLAN TO ADD RI DISTRICT PARCELS FOR 75 SINGLE FAMILY DWELLING UNITS; BY CORRECTING A SCRIVENER'S ERROR IN THE PUD MASTER DEVELOPMENT PLAN TO ORDINANCE NO. 2002-71 WHICH OMITTED 141.6 ACRES EAST OF LIVINGSTON ROAD; BY ADDING AN ACCESS POINT TO LIVINGSTON ROAD; BY PROVIDING DEVELOPMENT STANDARDS FOR THE RI DISTRICT; BY REDUCING THE RESERVE BY 2 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY TO BE ADDED TO THE PUD IS LOCATED IN THE NORTHEAST QUADRANT OF LIVINGSTON ROAD AND VANDERBILT BEACH ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2,245+ ACRES FOR THE ENTIRE PELICAN MARSH PUD. PUDR- [ PL20140002211] WHEREAS, D.Wayne Arnold,AICP of Q. Grady Minor&Associates,P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing WCI Communities, LLC, petitioned the Board of County Commissioners to amend the Planned Unit ir Development and change the zoning classification of the herein described property; and WHEREAS, Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development,was adopted by the Board of County Commissioners on December 17, 2002, which repealed Ordinance No 99-90; and WHEREAS, the PUD Master Development Plan attached to Ordinance No. 2002-71 erroneously omitted all of the area east of Livingston Road which had been added by Ordinance No. 99-90;and WHEREAS, Development Order No. 02-04 (Resolution No. 02-507), and the repealed Ordinance No. 99-90, all correctly depicted the 141.6 acres of development east of Livingston Road; and Words std are deleted;words underlined are added. f15-CPS-01451/1220446/1]88 I of 5 Pelican Marsh PUDR/PUDR-PL20140002211 11/3/15 Attachment A WHEREAS, the Board of County Commissioners desires to correct the scrivener's error in this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of approximately 32± acres of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Planned Unit Development (PUD) zoning district, together with the existing Pelican Marsh PUD for an 2,245+ acre parcel to be known as the Pelican Marsh Planned Unit Development in accordance with the PUD Document labeled Exhibit A, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Amendment to Title Page of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Title Page of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74,the Pelican Marsh PUD,as amended, is hereby amended to add the following: See Exhibit A attached hereto and incorporated herein. SECTION THREE: Amendment to Legal Description in Section I of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Legal Description in Section I of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, as amended, is hereby amended in part as follows: See Exhibit B attached hereto and incorporated herein. SECTION FOUR: Amendment to Section 1.6,Density of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. The Section 1.6, Density of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, as amended, is hereby amended as follows: Words stre►olt-through are deleted;words underlined are added. [15-CPS-01451/1220446/1]88 2 of Pelican Marsh PUDR/PUDR-PL20140002211 11/3/15 1.6 DENSITY Acreage of the Pelican Marsh Community is approximately 2214 2245 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density,therefore,will be a maximum of 2.16 2.14 units per acre. At all times all property included within the Pelican Marsh Community shall be included in determining project density, including property reserved or dedicated for public uses, such as, but not limited to,public roadways. SECTION FIVE: Amendment to Section II, entitled "Project Development" of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. Section II, entitled "Project Development" of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD, as amended,is hereby amended as follows: See Exhibit C attached hereto and incorporated herein. SECTION SIX: Amendment to Section III entitled "Residential Land Use District" of the PUD Document of Ordinance Number 95-74,Pelican Marsh PUD. ?. Section III entitled "Residential Land Use District" of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 95-74, the Pelican Marsh PUD,as amended,is hereby amended in part as follows: See Exhibit E attached hereto and incorporated herein. SECTION SEVEN: Amendments to Section VIII entitled "General Development Commitments" of the PUD Document of Ordinance Number 95-74, Pelican Marsh PUD. Section VIII entitled "General Development Commitments" of the Planned Unit Development Document, previously attached as Exhibit A to the PUD document of Ordinance Number 95-74,the Pelican Marsh PUD, is hereby amended as follows: ************************* 8.3 MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" , ., File-No. 4 9994^06) is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this Ordinance. Words stettelE-thFough are deleted;words underlined are added. [15-CPS-01451/1220446/1]88 3 of Pelican Marsh PUDR/PUDR-PL20140002211 11/3/15 The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. ************************* -8.6 SUNSETTING ************************* 8.8 WATER MANAGEMENT ****************** k. J. The Water Management System for the "R1"residential area shall discharge into the existing Pelican Marsh Reserve Area east of Livingston Road. ************************* 8.17 MISCELLANEOUS 1 A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. i B. All other applicable state or federal permits must be obtained before commencement of the development. SECTION EIGHT: Amendments to PUD Master Development Plan of Ordinance Number 95-74,Pelican Marsh PUD. Exhibit A, Master Development Plan to the Planned Unit Development Document, previously attached as Exhibit A to the PUD document of Ordinance Number 95-74, the Pelican Marsh PUD, is hereby deleted in its entirety and hereby replaced with Exhibit "A", PUD Master Development Plan attached hereto and incorporated herein as Exhibit"F". Words sttuok-thfetig are deleted;words underlined are added. [15-CPS-01451/1220446/1]88 4 of 5 Pelican Marsh PUDR/PUDR-PL2014000221 I 11/3/15 SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko 0V-7) Managing Assistant County Attorney Attachment: Exhibit A—Title Page Exhibit B—Property Description Exhibit C—Section II of PUD Document Exhibit D—"RI"Residential Area Buffer Exhibit Exhibit E—Section III of PUD Document Exhibit F—Revised Master Development Plan,Exhibit A to PUD Document Words struck-threugh are deleted;words underlined are added. [15-CPS-01451/1220446/1]88 5 of 5 Pelican Marsh PUDR/PUDR-PL20140002211 11/3/15 EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.62245±Acres Located in Sections 25,27, 34,35&36 Township 48 South,Range 25 East,and Section 31,Township 48 South,Range 26 East, Collier County,Florida PREPARED FOR: • J.E.D. OF SOUTHWEST FLORIDA, INC. an COLONY CORPORATE CENTER,INC. NaPlefirF-6-341-09 With p r_f«„ WCI COMMUNITIES, INC.LLC 24301 Walden Center Drive Bonita Springs,Florida 34134 PREPARED BY: R WA Consultants,Inc. 3050 North Horseshoe Drive,Suite 270 Naples,FL 34104 Amended by Q.Grady Minor and Associates,P.A. Via Del Rey, Bonita Springs, FL 34134 u PUD 93 'I,ORDINANCE 93 27 ORIGINAL PUD 94 9,ORDINANCE 95 4 AMENDMENT ORDINANCE 95 71 AMENDMENT ORDINANCE 02-71 --ORIGINAL ORDINANCE - --AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/17/02 ORDINANCE NUMBER 2002 71 Exhibit A 's. SECTION I LEGAL DESCRIPTION, PROPERTY OWNERHSIP,AND GENERAL DESCRIPTION 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 2245 acres,more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west'A corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; X j thence leaving said line North 89 20' 45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County,Florida; thence along said westerly right-of-way line in the following four(4)described courses; 1} South OS 34'48"East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42' 18"and being subtended by a chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West I675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County,Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: 1) South 89 50'58" West 88.21 feet; 2) North 31 34'00" West 120.19 feet; 3) North 05 37'10" West 956.47 feet; 4) South 74 46'39" West 379.98 feet; 5) South 12 04'43" East 23.53 feet; 6) South 87 09'43" West 272.40 feet; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02" West 1757.26 feet; 8) North 81 13'22" West 737.85 feet; Exhibit 8 -1 thence leaving said plat boundary North 00 03'39" West 707.85 feet; thence South 89 33'32"East 336.81 feet; thence North 00 26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37"East 37.47 feet; thence North 17 00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09" West 582.44 feet; thence North 77 59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06"West 414.10 feet; thence North 47 59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S.41; { thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement)according to the Plat of Grand s. Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road)according to the Plat of Pelican Marsh Unit Five,Plat Book 22, pages 88 through 89,Public Records of Collier County,Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: c Commencing at the west%a of said Section 27;thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59" Ea8t 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39'12" West 187.52 feet; thence North 11 43 '40"East 573.08 feet; thence South 72 59'03"East 785.48 feet; thence South 00 39'15" East 27.71 feet; thence North 89 20'45"East 503.78 feet; thence South 00 39'15"East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. AND LESS THE FOLLOWING THREE(3)DESCRIBED PARCELS: i Y All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west'''A corner Section 27,Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45" East 366.45 feet; thence South 00 39'15"East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23"East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord - which bears South 02 54'07"East 142.99 feet to a point of reverse curvature; A thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet; e thence south 62 08'16" West 75.07 feet; 1 1 1-3 i , thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37"East 19.89 feet; thence along a non-tangential line South 84 13'14"East 158.41 feet; thence South 80 55'24"East 183.78 feet; thence South 81 52'51"East 180.90 feet; thence South 00 00'00" East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00" East 271.73 feet; thence North 84 13'14" West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'51" West 89.04 feet; thence North 58 35'21" West 65.19 feet; thence North 15 31 '55" West 74.80 feet; thence North 00 41'41" West 115.24 feet; thence North 28 22'47" East 171.51 feet; thence North 17 11'45" West 106.79 feet; thence North 13 02'52" East 28.51 feet; thence North 73 36' 14" West 54.78 feet; thence South 49 16'08" West 112.78 feet; E thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County,Florida, being North 00 39'12" West. AND All that part of Section 27,Township 48 South,Range 25 East, Collier County,Florida being more particularly described as follows: Commencing at the west Vs corner of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16"and being subtended by a chord which bears North 80 25'01" West 44.61 feet to a point of reverse curvature; 1-4 thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57"and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13"and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18"and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58"" and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33'17" West 18.36 feet; thence South 89 39'11"West 71.63 feet; thence North 89 35'03" West 36.03 feet; thence South 86 06'33" West 42.94 feet; thence South 83 44 '08" West 26.23 feet; thence South 51 01 '05" West 27.49 feet; thence South 33 25'42" West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida, being more particularly described as follows: Commencing at the west 1/4 corner of said Section 27; thence along said west line North 00 39' 12"West 827 .69 feet; thence leaving said line North 89 20'45"East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45"East 443.43 feet; thence South 05 34'48" East 147.72 feet; thence South 89 20'45" West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53"and being subtended by a chord which bears North 12 56'04" West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; 1-5 thence North 56 04'43" West 35.11 feet; t thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39'12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89 45'35"East 5231.69 feet to the west right-of-way line of Airport-Pulling Road(C.R. 31); thence along said westerly right-of-way line South 00 31 '47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south 1/4 corner of said Section 35; thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest I corner of said Section 35; thence along the south line of said Section 34 South 89 51 '02" West 391.57 feet to the boundary line of a parcel described in O.R.Book 524,page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; } thence continue along the boundary of said parcel South 89 51 '02" West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County,Florida; thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18"and being subtended by a chord which bears North 00 47'59"East 648.37 feet; thence continue along said right-of-way line North 05 33'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31 '31"East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast corner of said Section 36; thence along the east line of said Section,South 02 12'03"East 2671.63 feet to the east'A corner of said Section 36; thence continue along the east line of said Section 36 South 02 06'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; 1-6 thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road(C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57"East 15.00 feet; thence along the east line of said land North 00 31'47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of way line of Airport Road(C.R.31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest corner of the east 'A of the east'/2 of said Section 25; thence along the west line of the east %2 of the east %z of said Section 25 North 01 54'09" West 2668.19 feet; thence continue along the west line of the east'A of the east %z of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the easy', corner of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35,being North 89 45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N %z of the SE 'A of the SW 'A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel II: S %z of the NE '/,of the SW '/a of Section 31,Township 48 South,Range 26 East, Collier '. County, Florida. Parcel III: N %z of the SW 'A of the NW 'A of Section 31, Township 48 South, Range 26 East,Collier County, Florida. y 1-7 Parcel IV: S '/ of the SW '/a of the NW '/,of Section 31,Township 48 South,Range 26 East,Collier County,Florida. Parcel VI: N %s of the SW '/4 of the SW '/4 of Section 31,Township 48 South,Range 26 East, Collier County,Florida. Parcel VII NW '/4 of the SW '/4 of Section 31,Township 48 South,Range 26 East,Collier County, Florida. Parcels III III IV VI and VII contain a total of 141.61 acres,more or less. AND TOGETHER WITH THE FOLLOWING TRACT OF LAND LYING WITHIN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY FLORIDAi BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, SAID POINT ALSO BEING ON THE WEST LINE OF TRACT "D"OF THE WILSHIRE LAKES,PHASE 2 SUBDIVISION, AS RECORDED IN PLAT BOOK 27, PAGES 24-27, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION, NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°09'53"EAST,A DISTANCE OF 333.78 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31, NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUARTER OF SAID SECTION 31; THENCE RUN ALONG SAID EAST LINE. SOUTH. 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION,NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO NORTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE EAST LINE OF SAID FRACTION, SOUTH 02°10'03" EAST, A DISTANCE OF 667.50 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION AND THE SOUTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89°57'27" WEST, A DISTANCE OF 495.67 { FEET TO THE SOUTHWEST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID .FRACTION, NORTH 1-8 02°09'30"WEST, A DISTANCE OF 667.45 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION. SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE RUN ALONG THE SOUTH LINE OF SAID FRACTION, NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°12'20" WEST, A DISTANCE OF 607.94 FEET THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 FEET; THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 311 THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION AND THE NORTH LINE OF THE AFOREMENTIONED EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SOUTH 89°56'27" EAST, A DISTANCE OF 496.20 FEET '10 THE SOUTHWEST CORNER OF THE AFOREMENTIONED NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31; THENCE RUN ALONG THE WEST LINE OF SAID FRACTION, NORTH 02°10'14" WEST, A DISTANCE OF 667.59 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE RUN ALONG THE NORTH LINE OF SAID FRACTION AND THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2 SUBDIVISION, SOUTH 89°56'17" EAST. A DISTANCE OF 660.48 FEET TO THE POINT OF BEGINNING. CONTAINING 31.39 ACRES, MORE OR LESS. Total parcel contains 2214 2245 acres,more or less. ' I 1-9 i i SECTION H PROJECT DEVELOPMENT 4 I * * * * * * * * * * * * * 2.11 LANDSCAPE BUFFERS, BERMS,FENCES AND WALLS Landscape buffers,berms, fences and walls are generally permitted as principal uses 5 throughout the Pelican Marsh Community. The following standards shall apply: , A. Landscape berms shall have the following maximum side slopes: F I. Grassed berms 3: 1 2. Ground covered berms 2:1 3. Rip-Rap berms 1: 1 4. Structural walled berms-vertical i B. Fence or wall maximum height: six feet(6'), as measured from the finished grade j of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") ll above the highest crown elevation of the nearest existing road unless the fence or 1 wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of the berm elevation for berm elevations with an average side slope of 4: 1 or less, and shall not exceed four feet (4') in height from the top of the berm elevation for berms with average side slopes of greater than 4: 1 (i.e. 3:1). 1 1 1 C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be 4 included in a landscape easement on final plats, or in a separate recorded ti instrument. D. Fences and walls which are an integral part of security and access control `' structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 13, of this document and shall be governed 4 by the height limitations for principal structures of the district in which they are I located. In the case of access control structures within right-of-ways adjoining I two or more different districts,the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. F. The perimeter buffers, for the "R1" residential area only, along the southern side I of the access road adjacent to the golf course and Wilshire Lakes residential areas shall be 10' wide planted to type 'B' landscape buffer standards. See "RI" 4 Residential Area Buffer Exhibit. All other perimeter buffers shall be consistent ' with the LDC requirements and Section 2.11 of this document. Exhibit C { * * * * * * * * * * * 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 1325.3 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natural functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 973.93 acres, therefore 245766 243.48 acres are required to be retained. The Master Plan identifies 358.4± acres of retained native vegetation. This requirement is fully satisfied within the Reserve District and no further preservation is required. * * * * * * * * * * * * * 3 i ne W. SLfl k/LL 'n6„'LIIAIH, Ni+.rYl\MWO IM WC."Ntl71774-7NdI M\ON h14—L'ONdY444WtdWili"f;611 °" 1, "s. - K L7 R pi 11. Mai I U N 1 0 ,Ct I mLL 7.4".""TH7"."11 m a.w -� s W I., IF 4. 8 c I LS W W ...._ _____ ......_.____.____................ i 1: `T s CO g �/J^/ O i �L H Vl I, CL,, 4 i I It I j I 3 1 IZ 6 8 CO U. \i l`•!ii,� V (n 3 .k • W ) • „ az � i Z r / �I,i 2 D C.) O 1 Q• a. N W N f t, s.I v o g • ecw ow ° f T. /•1 a. ¢ ° 1 � r I d it® " W W / 1 >/, 0.. 4N /� ,�r r :��I fir? .. ; 0 0 • j :S' '.:, w ga 6 /1 i ; '!'r:: 1..........„....4.,..: . 1. 1- L ' 02 z f. Ili 5 I e I y LiVINGS•T_ON..BOAD- z N _ Exhibit D i a SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as"R" and"RI". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R" and "Rl". The "Rl" District shall be restricted to a maximum of 75 single family dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities,essential services, and customary accessory uses. The approximate acreage of the "R" district 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 Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities,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("R" District): 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. [IS-CPS-01451/1220545/1]82 Rev. 11/2/15 Pelican Marsh PUD, PL20140002211 Words underlined are additions;words stvueit through are deletions 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Schools(public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units,Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. B. Accessory Uses and Structures("R"District): 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the"R"District. C. Principal Uses ("R1"District}: 1. Single Family Detached Dwellings. D. Accessory Uses and Structures("Rl"District): 1. Accessory uses and structures customarily associated with principal uses permitted in this district. [15-CPS-01451/1220545/1]82 Rev. 11/2/15 Pelican Marsh PUD,PL20140002211 Words underlined are additions;words struelEthrouggh are deletions 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of the"R1"District as determined by the Board of Zoning Appeals or the Hearing Examiner. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. Section 3.5.J sets forth the development standards for land uses within the"Rl"Residential District. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code 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. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.1 7 of this PUD. F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF•2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet(100') [15-CPS-01451/122054511]82 Rev. 11/2/15 Pelican Marsh PUD,PL20140002211 Words underlined are additions;words struck-through are deletions between the two uses. In addition, a platted right-of-way or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet(100'). G. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet(10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road,with the exception of cul-de-sacs serving 24 units or less. H. Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2,Division 2.6, Subsection 2.6,27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. 2. The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street; and 3. The cabana structure may not contain primary cooking facilities. J. Development Standards for the"RI"district; 1. Minimum Lot Area: 7,500 SF 2. Minimum Lot Width:*t 75' 3. Front Yard:*2 25' f 4. Front Yard(side load garage): 15' [15-CPS-01451/1220545/1)82 Rev.11/2/15 Pelican Marsh PUD,PL20140002211 Words underlined are additions;words Owls through are deletions 5. Side Yard: Principal: 7.5' Accessory: 5' 6. Rear Yard:*2 Principal: 20' Accessory: 10' 7. Preserve: Principal: 25' Accessory: 10' - I 8. Maximum Building Height: Zoned: 35' Actual: 40' 9. Distance Between Structures: Principal: 15' Accessory: 10' 10. Floor Area Minimum: 1,800 SF *J-Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is still maintained. *2-Setback from lake for all principal and accessory uses may be 0'providing architectural bank treatment is incorporated into design and subject to written approval from Growth Management department. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way lines. B. If the parcel is served by a private road, setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). it K. Notwithstanding any provisions to the contrary in other sections of this PUD, all areas within the R-1 Residential District are not required to be part of the Pelican Marsh Community Development District. Common area maintenance of the R-1 Residential District shall be provided by the Developer, WCI Communities, LLC, or a property owners association. [1S-CP5-02451/1220545/1)82 Rev.11/2/15 Pelican Marsh PUD,PL20140002211 Words Knderlined are additions;words ennoelc-threugh are deletions f E M,{4∎04,41,1 w*Sr'ogx.""'f PMT te.T.13 fHM Iwo. I.Inf•,M■ 9aY t,T:A 6S 1 , a - 2x ;:tea, I : } 'l' tii Q i 1} - - r '�,k ,,+ : . , i µj1 i r', r, n,PI it I iitio\t,' , , il :4' ' i ! * ' ''' • 113111111044 ' �1 ..s ,YI - 3 1 I 7.11k g i , . Iii ' . . 4 N N ,�/ �y sQ.l ,y •I 4\f .../4., .,.. , ,,,_ , , 1 . . . , _ ,,,„ ..,,,,,,„,,,...:, , , , . t. }• 13 E o ! 8 X it O •f ,,,a`�, i 4 j 132 8 s 4 . Z 9.4 t . o ! „�,, 7 5� ,.. tall 41§ b. gi . ; � � ■ X11 } R.„, g lial Q00 00800, � . � 9 ..el.' _.0 091 Tit 00 : 1 1 , ,,.. 0.... „Y .1 , 11.4rs.,_._ 1 x ,, r r/f t if ......„.. 1 i .....„... . . _ _ „, Oil Al o 13 n ii i tIllk „,,,,i, 41■ AM I(.::A el" Alf , , -- i I;1-^..-...„--.z:',,r.(it I sk, , atitk. ' Litillkir ,2, 1.:r' '140' , ' sii as. i 1 am ‘ A --, i :) Vb ' . 1 f.-0.,' °-*/ if 4a5 0 r „ . ,,,, ...„, ..... .,„ . 1 I inr- nnnn 0 r mr-nt I i F 1 I 4 ORDINANCE NO.02- 71 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE ��_1ZS UNINCORPORATED AREA OF COLLIER COUNTY, �,� It# FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED; 8525S, 8525N, 852M; a X 4 so.j m 8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 853EN i '"' 0 8631S AND 8631N, BY CHANGING THE ZONING ry eN y CLASSIFICATION OF THE HEREIN DESCRIBED RE4- ''' ' V � � PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT. �'; 1 e DEVELOPMENT KNOWN AS PELICAN .. `r�6t811.9jV DRI/PUD, FOR PROPERTY LOCATED NORTH VANDERBILT BEACH ROAD(C.R.901)AND EAST cV �n o, LIVINGSTON ROAD (C.R. 881), IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2214±ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-90, THE FORMER PELICAN MARSH PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert I. Mulhere of RWA, Inc., representing I.E.D. of Southwest Florida Inc.and Colony Corporate Centre,Inc.,with permission of WCI Communities,Inc.,petitioned th Board of County Commissioners to change the zoning classification of the herein described rea proPertY; NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners o: i Collier County,Florida that; s SECTION ONE: The Zoning Classification of the herein described real property located in Sections 25,27, i 34,35 and 36,Township 48 South,Range 25 East,and Section 31,Township 48 South,Range 2f 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 a part hereof. The Official Zoning Atlas Maps numbered; $5255,8525N, 8527S, 8.527N, 8534S,8534N, 8535S, 8535N, 8536S,8536N,86318 and 8631N,as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-90, known as the Pelican Marsh PUD, adopted on December 14, 4- 1999 by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. 1 Attachment B 1 _SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Colli, County, Florida, this 17t_hday of_ December ,2002. Marjori~M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COLETFA, CHAIRMAN This ordinance filed with the Secretary of State's Office the -2,~t-~ day of ~ , ~ ond acknowledgement of that fi!inxg- rec.eived _this ~ day EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.6+ Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: J.E.D. OF SOUTHWEST FLORIDA, INC. and COLONY CORPORATE CENTER, INC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With permission from WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: RWA Consultants, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 PUD 93-1, ORDINANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 12/17/02 2002-71 TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT GOLF COURSE, RECREATION & OPEN SPACE DISTRICT RESERVE DISTRICT CULTURAL CENTER DISTRICT ACTIVITY CENTER DISTRICT GENERAL DEVELOPMENT COMMITMENTS PAGE ii 111 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 Exhibit A LIST OF EXHIBITS Map H-3 (Revised Map H) Master Plan (Johnson Engineering, Inc., File No. 19991406) Exhibit B Conceptual Site Plan for Plaza at Galleria (SDP-99-004) ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the "Developer", to create a Planned Unit Development (PUD) on 2213.6+ acres of land located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be the Pelican Marsh Community. The development of the Pelican Marsh Community 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: o o ° The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The proposed density of the Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. Certain pans of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three (3) units per acre. The Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The development of the Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. The Pelican Marsh Community 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. The Pelican Marsh Community is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code, Planned Unit Development District Section. The Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. iii SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". iv SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE 1.2 The purpose of this Section is to set forth the legal description and ownership of the Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west lA comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05 34'48" East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the' boundary of said Pine Ridge Second Extension in the following eight (8) described courses: 1) 2) 3) 4) 5) 6) 7) 8) South 89 50'58" West 88.21 feet; North 31 34'00" West 120.19 feet; North 05 37'10" West 956.47 feet; South 74 46'39" West 379.98 feet; South 12 04'43" East 23.53 feet; South 87 09'43" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02" West 1757.26 feet; North 81 13'22" West 737.85 feet; 1-1 thence leaving said plat boundary North 00 03'39" West 707.85 feet; thence South 89 33'32" East 336.81 feet; thence North 00 26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37" East 37.47 feet; thence North 17 00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09" West 582.44 feet; thence North 77 59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06" West 414.10 feet; thence North 47 59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19' 10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west I/4 of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59" Eagt 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39'12" West 187.52 feet; thence North 11 43'40" East 573.08 feet; thence South 72 59'03" East 785.48 feet; thence South 00 39'15" East 27.71 feet; thence North 89 20'45" East 503.78 feet; thence South 00 39'15" East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ¼ comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45" East 366.45 feet; thence South 00 39'15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56' 10" West 105.98 feet; thence south 62 08' 16" West 75.07 feet; 1-3 thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37" East 19.89 feet; thence along a non-tangential line South 84 13' 14" East 158.41 feet; thence South 80 55'24" East 183.78 feet; thence South 81 52'51" East 180.90 feet; thence South 00 00'00" East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00" East 271.73 feet; thence North 84 13'14" West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'51" West 89.04 feet; thence North 58 35'21" West 65.19 feet; thence North 15 31 '55" West 74.80 feet; thence North 00 41 '41" West 115.24 feet; thence North 28 22'47" East 171.51 feet; thence North 17 11 '45" West 106.79 feet; thence North 13 02'52" East 28.51 feet; thence North 73 36' 14" West 54.78 feet; thence South 49 16'08" West 112.78 feet; thence South 89 47'08" West 53.08 feet; thence North 58 00'49" West 50.49 feet; thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Flor/da, being North 00 39'12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west V4 comer of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16" and being subtended by a chord which bears North 80 25'01" West 44.61 feet to a point of reverse curvature; 1-4 thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13" and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18" and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58 .... and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33' 17" West 18.36 feet; thence South 89 39'11" West 71.63 feet; thence North 89 35'03" West 36.03 feet; thence South 86 06'33" West 42.94 feet; thence South 83 44'08" West 26.23 feet; thence South 51 01'05" West 27.49 feet; thence South 33 25'42" West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west I/4 comer of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 443.43 feet; thence South 05 34'48" East 147.72 feet; thence South 89 20'45" West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04" West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; 1-5 thence North 56 04'43" West 35.11 feet; thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89 45'35" East 5231.69 feet to the west tight-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00 31'47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south t/4 comer of said Section 35; thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89 51'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89 51'02" West 443.28 feet to the easterly tight-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears North 00 47'59" East 648.37 feet; thence continue along said right-of-way line North 05 33'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89 31'31" East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east ¼ comer of said Section 36; thence continue along the east line of said Section 36 South 02 06'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; 1-6 thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57" East 15.00 feet; thence along the east line of said land North 00 31 '47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road (C.R. 31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest comer of the east ½ of the east ½ of said Section 25; thence along the west line of the east ¥~ of the east ½ of said Section 25 North 01 54'09" West 2668.19 feet; thence continue along the west line of the east ½ of the east ½ of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly fight-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the east ¼ comer of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89 45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N Vz of the SE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel II: S ½ of the NE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel III: N ½ of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, COllier County, Florida. 1-7 Parcel IV: S ½ of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI: N ½ of the SW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII: NW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. 1.3 Parcels I, II, III, IV, VI and VII contain a total of 141.61 acres, more or less. Total parcel contains 2214 acres, more or less. PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY mo Co Do The project site is located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes Subdivision; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC) Application. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development). Elevations within the site range from 6 feet to 14 feet above mean sea level with an average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067- 0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones "AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. The soil types on the site generally include Immokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional;' Boca, Riviera limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land 1-8 Eo Fo Holopaw Basinger complex; Urban Land Immokalee Oldsmar Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval, and Map E of the NOPC. Prior to development, vegetatiOn on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval, and Map F of the NOPC. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport road runs in an east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Development Approval, and Map I of the NOPC. 1.5 1.6 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). The Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the Community, which is below 80% of any applicable DRI threshold. DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density, therefore, will be a maximum of 2.16 units per acre. At all times all property included within the pelican marsh community shall be included in determining project density, including property reserved or dedicated for public uses, such as, but not limited to, public roadways. 1-9 SECTION II PROJECT DEVELOPMENT 2.1 2.2 2.3 PURPOSE The purpose of this Section is to generally describe the plan of development for the Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing; 72 holes of golf with clubhouses and other associated facilities; a master planned activity center, including a resort hotel and cultural facilities; stormwater management lakesi open spaces and reserve areas. The Master Plan is illustrated graphically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. GENERAL COMPLIANCE WITH COUNTY ORDINANCES Bo Regulations for development of Pelican Marsh Community shall be in accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are 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. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. 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 Collier County Land Development Code in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. 2-1 Do Eo Fo Go Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to the Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.2.4. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4. 2.4 2.5 COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code 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 Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. 2-2 2.7 2.8 2.9 2.10 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (PMDRC). 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., however removal of fill from the Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping,' decorative entranceways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sales of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section 8.3 of this PUD Document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. COMMON AREA MAINTENANCE Most common area maintenance will be provided by the PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of a quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and .stormwater management systems and reserves serving the Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, or successor ordinance, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2-3 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout the Pelican Marsh Community. The following standards shall apply: Co Do Eo Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of the berm elevation for berm elevations with an average side slope of 4:l or less, and shall not exceed four feet (4') in height from the top of the berm elevation for berms with average side slopes of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 B, of this document and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Pelican Marsh Community. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3:1 2-4 Bo Stockpile maximum height: thirty-five feet (35') Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200, 212, 214, 422, 424, 740. Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any developed residential properties. Soil erosion control shall be provided in accordance with Collier County Land Development Code, Division 3.7. Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. 2.13 2.14 DESIGN GUIDELINES AND STANDARDS 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 Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. The Pelican Marsh Community is planned as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for 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. Upon approval of specific guidelines and standards by Collier County and the Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. The Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions, and restrictions shall provide the prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must first submit the application to the PMRDC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating the Developer's review and approval. REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required 2-5 2.15 2.16 prior to the commencement of construction or alteration of the land specifically requiring such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are being processed by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. pRELIMINARY SUBDIVISION PLAT PHASING Due to the size and anticipated build-out period of the Pelican Marsh Community, 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. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in the Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. mo General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. Water management facilities and related structures. Temporary sewage treatment facilities Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. o 2-6 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which have no required setback. Setback from property lines - one half (1/2) the height of the structure. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). Minimum distance between unrelated structures - ten feet (10'). Maximum height of structures - twenty-five feet (25'). Minimum floor area - None required. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 5. 6. 7. 8. 2.17 2.18 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natural functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This requirement is fully satisfied within the Reserve District and no further preservation is required. 2-7 2.19 SIGNAGE A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. B Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum often (10) boundary marker monuments shall be permitted. D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the comer edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. E. Each side of a boundary market monument may contain up to four (4) individual project, business or directional identifications (message areas), as long as the total sign face does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. F. Entrance signs may be located at each entrance to the project and may be one, two or three-sided. Such signs may contain up to four (4) individual project, business or directional identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identifications on an entrance sign shall be similar to and consistent with the other identification placed on the same sign. A maximum of two 1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception of the entrance on the east side of Airport Road where 3 1-sided entrance signs may be permitted. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. H. Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. 2-8 SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 3.2 3.3 3.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "R". MAX1MUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R". GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district 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 Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 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: Principal Uses: 1. 2. 3. 4. 5. 6. Single Family Detached Dwellings. Single Family Patio and Zero Lot Line Dwellings. Two-family and Duplex Dwellings. Single Family Attached and Townhouse Dwellings. Multi-Family Dwellings including Garden Apartments. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 3-1 7. Schools (public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS ho Bo Table I sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3-2 Eo Go Ho 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted right-of-way or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet (100'). Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less. Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. 2. The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street; and 3. The cabana structure may not contain primary cooking facilities. 3-3 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED AND STANDARDS FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Category I 2 3 4 5 8 Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF 3,000 SF*4 I AC ! AC Minimum Lot Width *5 75 50 35 30 150 150 Front Yard 25 20 *3 20 *3 20 *3 25 25 Front Yard for Side Entry Garage 15 10 10 10 15 15 Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH 20 or .5 BH Rear Yard Principal 20 ! 0 20 20 BH BH Rear Yard Accessory 10 5 10 10 15 15 Rear Yard Special *1 10 5 10 l0 .5 BH .5 BH Maximum Building Height *2 35 35 35 35 50 50 Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH .5 SDH Floor Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF '8 N/A *7 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1 - With approval from PMDRC, rear yards for principal structures on lots which abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. With approval from PMDRC, front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way lines. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Single family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 5' for the garage and 15 feet for the remaining structures. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is still maintained. *6 - 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 10 foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. *7 - For density comparison, each residential unit shall equal 4.0 ALF units. *8 - Structures east of Airport Road have a minimum floor area of 750 S.F. 3-4 SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE 4.2 The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 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. Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. 4-1 o o o o Retail establishments accessory to the permitted uses of the District such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. Telecommunications facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS ho Bo Do G. H. I. J. Ko Principal structures shall be Set back a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer District boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public fight-of-way, in which case the setback shall be one half (1/2) the height of the structure. Accessory structures shall set back a minimum of ten feet (10') from "GCO" and Miscellaneous open Space/Buffer District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right-of-way, in which case the setback shall be one half (1/2) the height of the structure. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Fifty feet (50'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Developmeht Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4-2 SECTION V RESERVE DISTRICT 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan, as "Reserve." GENERAL DESCRIPTION Areas designated as "Reserve" on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Pelican Marsh Community residents. PERMITTED USES ANT) 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: Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. 5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. 6. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 8. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 5-1 5.4 DEVELOPMENT STANDARDS Bo Co D. E. F. G. H. All structures shall set back a minimum of five feet (5') from Reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Twenty-five feet (25'). Minimum distance between principal structures - Ten feet (10'). Minimum distance between accessory structures - Five feet (5'). Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The Developer, its successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended on April 19, 1994. 5-2 SECTION VI COMMUNITY FACILITY DISTRICT 6.1 PURPOSE 6.2 6.3 6.4 The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "CF". MAXIMUM SQUAREFOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated "CF". GENERAL DESCRIPTION Areas designated as "CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the "CF" District 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 Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 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: mo B Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child daycare facilities 4. Civic, social and fraternal associations 5. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" District. Accessory Uses and Structures: 1. Accessory uses and structures customarily 'associated with the principal uses permitted in the district. 2. Recreational facilities. 6-1 o Classroom facilities. Any other accessory uses which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" district. 6.5 DEVELOPMENT STANDARDS mo C4 D° Eo Go H. I. J. K Principal structures shall be set back a minimum of twenty feet (20') from "CF" District boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. Accessory structures shall be set back a minimum of twenty feet (20') from District boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Eighty feet (80'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6-2 SECTION VII ACTIVITY CENTER DISTRICT 7.1 7.2 7.3 7.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "AC". MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,000 square feet gross floor area(331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000 square feet of medical offices, and 450 hotel rooms may be constructed on lands designated "AC." GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" District 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 Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 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: mo Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). 5. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10. Eating and Drinking Establishments (Group 5812, 5813). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Food Stores (Groups 5411-5499). 7-1 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. General Merchandise Stores (Groups 5311-5399). Glass and Glazing Work (Group 1793). Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999). Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). Health Services (Groups 8011-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712-6799). Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). Legal Services (Group 8111). Libraries (Group 8231). Membership Organizations (Groups 8611-8699). Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair; awning repair; beer pump coil cleaning and repair; blacksmith shops; catch basin, septic tank and cesspool cleaning; coppersmithing; farm machinery repair; fire equipment repair; furnace and chimney cleaning; industrial truck repair; machinery cleaning; repair of service station equipment; boiler cleaning; tinsmithing; tractor repair). Miscellaneous Retail (Groups 5912-5963, 5992-5999). Motion Picture Theatres (Group 7832). Multi-Family Dwellings including Garden Apartments. Non-Depository Credit Institutions (Groups 6111-6163). Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). Real Estate (Groups 6512, 6531, 6541). Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999). Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97). Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999). Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). Social Services (Groups 8322-8399). United States Postal Service (Group 4311 except major distribution center). Veterinary Services (Groups 0742, 0752 excluding outside kenneling). Video Tape Rental (Group 7841). Vocational Schools (Groups 8243-8299). Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC" district. 7-2 7.5 Bo Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family", contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the Activity Center or the entity owing the golf resort use. Each residential unit shall constitute and be counted as one of the 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "AC" district. DEVELOPMENT STANDARDS mo Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. 3. 4. 5. Bo Co Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - One hundred feet (100'). 7-3 D. Minimum distance between all other principal structures - Twenty feet (20'). Fo Jo Ko Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. Minimum lot or parcel area - Ten thousand (10,000) square feet. Minimum lot width - Seventy-five feet (75'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. 7-4 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments of the Developer within the Pelican Marsh Community. 8.2 GENERAL 8.3 All facilities shall be constructed in accordance with the final site development plans, the final subdivision plans, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments and stipulations. MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File No. 19991406) is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this Ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. AJ The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD Document. 2. The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. 8-1 8.4 Bo Co Do 3. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve Areas within or external to the PUD. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: 1. Reconfiguration of Reserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve Areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into Reserve Areas. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations or tenant associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 8-2 8.5 MONITORING REPORT 8.6 8.7 An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. SUNSETTING This PUD is subject to the sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. TRANSPORTATION Bo Eo F° Go The Developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. The Developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time of construction of each access. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access point to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. Collier County and the Developer entered into an Agreement dated January 12, 1993, (herein "Agreement") to address the alignment and environmental permitting for Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community property; and to address environmental permitting for the expansion of Goodlette- Frank Road from Immokalee Road to VBR. As is set forth in the Agreement, the Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, the Developer is eligible for Road Impact Fee credits for half of its expenditures per the Agreement in obtaining environmental permits. The Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by the Developer, upon request by Collier County, so long as that right-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to the Developer. The Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes,, as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. There are acknowledged benefits to both the County and the Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as 8-3 Ko referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to the Developer, the Developer agrees to pay the "differential cost" for the segment of VBR within the Pelican Marsh Community PUD boundaries. "Differential cost" means the reasonably ascertainable cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. The Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "differential cost" described herein. The cost for design, permitting, and construction of the expansion to Goodlette-Frank Road Overpass structure to expand said structure from two (2) lanes up to six (6) lanes (as approved by the Board of County Commissioners), is the sole responsibility of the Developer; and is not the responsibility of Collier County, the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road right-of-way for the future Livingston Road (as specified in PUD Document, Section 8.7 at Paragraph P. below), as full or partial payment of Developer's obligation to pay for the expansion of the Goodlette-Frank Road overpass structure. The design, permitting and construction costs of the Goodlette-Frank Road Overpass to meet the Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County. Payment of road impact fees shall be in accordance with the applicable ordinance, as amended, with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. of the PUD. The Developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of the Hickory Road right-of-way. This buffer shall include a minimum six foot (6') berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. 8-4 8.8 L. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the Developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian, and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U.S. 41 intersection shall not be required. M. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. N. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro- rata funding mechanism established by Collier County to implement an area-wide pedestrian and bicycle path system. The Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. O. The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as Exhibit "A" to the PUD Document, indicates the approximate location 'of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. P. The Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance document shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. The Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC. WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District Rules. B. A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. C. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds 8-5 8.9 Do Go Ho will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which- ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), The Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of the Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be complete by the time the Cocohatchee Strand Restoration Plan is certified complete to the South Florida Water Management District. Water Management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of the issuance of the final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. The rate of post-development stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permitting process. UTILITIES Bo Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable and irrigation wells. 8-6 Co The project will be served by central potable water distribution, fire protection and sewage collection facilities. Go Ho Irrigation water will be provided with a separate distribution system supplied by on- site wells, reclaimed water or other non-potable water source. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution//93-187), as amended, and other applicable County rules and regulations. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family uses only. Use of the services will be approved on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead-end mains shall be minimized by looping the internal pipeline network where feasible. The project's Developer(s) its assigns or successors, may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. 8-7 8.10 K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. L. Within the Pelican Marsh Community landscaping areas (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk of the tree to the centerline of the utility line). Reconstruction of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility lines will be the responsibility of the Developer, its successors or assigns. M. The Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to the distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the Developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the Developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the Developer annually based on meter installations. N. The Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to be expenses that are eligible for impact fee credits, the Developer will provide the County with engineered drawings and specifications suitable for bidding by the County. The Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the Impact Fee Ordinance. ENVIRONMENTAL A. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.8 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon: (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community 8-8 8.11 Environmental Supplement submitted in conjunction with this Application for Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance #93-27. This provision shall apply to the Developer, its successors, or assigns. B. Pursuant to Collier County Land Development Code, Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in Section 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance #93-27. C. Sections 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code, Section 3.8.5.4.1.5.d. and e. D. The Collier County 'ST' overlay has been eliminated and replaced by this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. E. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into the PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Mitigation Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO District and to the Xeric Scrub Conservation Area. Compensation for lost habitat which extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. G. Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to the South Florida Water Management District. The Developer shall coordinate with and copy Collier County on all approved permits. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS The Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions 8-9 to the improvements standards are approved for Final Subdivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: The right-of-way section shall include two twelve foot (12') wide travel lanes, and The gross density in the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the fight-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11 .A.4 of this PUD. o All other cul-de-sacs are required to have a minimum fifty foot (50') right-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11 .A.4 of this PUD. All other local streets are required to have a minimum fifty foot (50') fight-of- way and two twelve foot (12') wide travel lanes. Where sidewalk design substitutions are desired per Section 8.11.A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (1,000'). Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. Roadside slopes within private street fights-of-way may be allowed to a maximum of 3:1 in accordance with FDOT MUMS, page II1-35. 8-10 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the 8.13 8.14 Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at the Developer's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the Developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of this dedication. PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: A. Permitted Use 1. The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height 1. The minimum setback of any structure (including temporary accessory and portable structures) from a property line or right-of-way line shall be twenty- five feet (25') on the northern and western property lines and fifty feet (50') on the eastern and southern property lines. 2. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty feet (20') in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. Landscaping 1. All areas not covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns .and landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate governmental agency. 8-11 8.15 Do Eo Fo Signs 1. Any sign installed in, on or placed within the School Site shall be no larger than ten feet (10') in length by five feet (5') in height. Lighting of any sign may be fluorescent uplight from grade. No neon or colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. Exterior Lighting All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation, and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. Outdoor Equipment o All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or site-screened, fenced-in areas so that they shall not be readily visible. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be site-screened so that they shall not be readily visible from adjacent properties. All active sports areas including baseball, soccer, basketball, football, etc., shall be set back twenty-five feet (25') from the easterly and southerly property lines. NOTIFICATION OF PROXIMITY TO COUNTY FACILITY The Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that the Developer shall comply with the requirements of said ordinance or regulation, where applicable. 8.16 Plaza at Galleria (SDP-99-004): Special Conditions of Approval The following conditions are applied to the above development, as a result of the December 17, 8-12 2002, BCC approval of the PUD to PUD Rezone having the effect of an amendment to the Pelican Marsh PUD (PUDA-2002- 2566) to increase the allowable square footage of medical offices from 9,000 square feet to 26,000 square feet: Bo Co Within 30 days of the Board of County Commissioner approval, the developer will submit an amendment to SDP-99-004 providing the following: 1. All actual and proposed uses and the square footage of each use; 2. A revised parking matrix indicating all required parking spaces for the existing general and medical office uses as well as the proposed general offices uses, all based upon the approved site development plan. 3. Medical office use square footage shall be limited to that which existed within the project on the date of the Board of County Commission approval. The exact square footage of medical office use shall be determined and shall be clearly indicated on the amended site plan. 4. A landscape plan depicting on-site landscaping areas and types that meets or exceeds the amount of landscaped area measured in square footage. Where additional parking areas encroach into existing landscaped areas enhanced plantings shall be required in order to maintain an overall amount of landscaping cover that equals or exceeds the amount of existing on-site landscaping. 5. As may be necessary, revisions to the signed and sealed water management plan to accommodate additional impervious parking areas and to allow for additional landscaping to replace any landscape area removed to accommodate additional parking areas. Within 90 days of approval of the amended site development plan, construction of the additional parking areas and installation of any necessary landscaping or water management area reconstruction will be commenced. Until such time as the amended site development plan is approved, and all improvements depicted there on are constructed, inspected and approved, the 7,000 square feet of vacant space located in Building "A" depicted on the attached conceptual site plan labeled "Exhibit B" shall not be occupied or used in any manner. 8-13 ,I I I Map H Master Plan Exta:~ I/NOPC Pelicsn Marsh Communities wo Co~ un,act P~ ~ t Exhibit B STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2002-71 Which was adopted by the Board of County Commissioners on the 17th day of December, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners