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CCPC Agenda 02/18/2016 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA FEBRUARY 18, 2016 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, FEBRUARY 18, 2016, 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-December 17,2015 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 9. ADVERTISED PUBLIC HEARINGS Note: This item has been continued from the February 4, 2016 CCPC meeting and requested by staff to be further continued from the February 18, 2016 CCPC meeting to the March 3, 2016 CCPC meeting: A. PUDZ-PL20150000204: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein 1 described real property from a Rural Agriculture (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Abaco Club RPUD, to allow construction of a maximum of 104 residential dwelling units on property located at the southwest corner of Immokalee Road and Woodcrest Drive in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 15.9 +/- acres; and by providing an effective date. [Coordinator: Daniel J. Smith,AICP, Principal Planner] B. PL20150002354/CPSS-2015-2: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element by revising the Hibiscus Residential infill subdistrict to increase the height to a maximum of four stories. The subject property is located on the south side of Rattlesnake Hammock Road at the intersection of Hibiscus Drive in Section 19, Township 50 South, Range 26 East, consisting of 7.9 acres; and furthermore, recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity; Providing for severability and providing for an effective date. [Coordinator: Sue Faulkner, Principal Planner] (Companion to PUDA-PL20150002326) C. PUDA-PL20150002326: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2015-25, the Hibiscus Residential Planned Unit Development, to increase the multi-family zoned height from 45 to 50 feet and the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units. The subject property is located on the south side of Rattlesnake-Hammock Road at the intersection of Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 7.9+/- acres; and by providing an effective date. (Companion item to PL20150002354/CPSS-2015-2, Hibiscus Residential infill subdistrict.) [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 December 17,2015 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida,December 17,2015 LET IT BE REMEMBERED,that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building"F"of the Government Complex,East Naples,Florida,with the following members present: CHAIRMAN: Mark Strain Wafaa F.Assaad Stan Chrzanowski Diane Ebert Karen Homiak Charlette Roman Andrew Solis(absent for roll call) ABSENT: Tom Eastman ALSO PRESENT: Raymond V.Bellows,Zoning Manager Heidi Ashton-Cicko,Managing Assistant County Attorney Page 1 of 25 December 17,2015 PROCEEDINGS CHAIRMAN STRAIN: Okay,everybody. Just an announcement to make. We're going to start late today because the cameras that are required to video this meeting are not functioning, so the IT people are in the process of fixing them. Whenever they're fixed,we'll start. If they don't get fixed soon enough,maybe we'll not start. But I just want you to know so--we'll be sitting around waiting for a while. COMMISSIONER CHRZANOWSKI: I have a question. CHAIRMAN STRAIN: You're not on record. COMMISSIONER CHRZANOWSKI: Well,good. Is it a illegal-- COMMISSIONER ASSAAD: Move we adjourn. CHAIRMAN STRAIN: Yeah. We haven't opened the meeting up,so... COMMISSIONER CHRZANOWSKI: Does the meeting have to be televised? CHAIRMAN STRAIN: Well,apparently it does. COMMISSIONER CHRZANOWSKI: It never was for many years. All of a sudden it has to be? CHAIRMAN STRAIN: I think when the County Attorney gets here,you can ask him that question, but I'd rather not get into a discussion on the meeting off record until we know it's okay, so... (A brief recess was had.) CHAIRMAN STRAIN: Okay,Ray. We're good to go. Good morning,everyone. Welcome to the Thursday,October(sic) 17th meeting of the Collier County Planning Commission. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay. Will the secretary please do the roll call. COMMISSIONER EBERT: Yes. Good morning. Mr.Eastman is absent. Mr. Chrzanowski? COMMISSIONER CHRZANOWSKI: Is present. COMMISSIONER EBERT: Mr. Solis is absent. Mrs.Ebert is here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: Ms.Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: Mr.Assaad? COMMISSIONER ASSAAD: Here. COMMISSIONER EBERT: And,Ms.Roman? COMMISSIONER ROMAN: Here. CHAIRMAN STRAIN: Okay. Thank you. The addenda to the agenda. We've had a request for a continuance of the Pelican Marsh changes, which are 9A and 9B. I'll read those off for the record. The continuance has been requested to January 7, 2016. Those two items are DOA-PL20140002309 and PUDR-PL20140002211. If the Planning Commission would like to make a motion to continue those to January 7,2016. COMMISSIONER CHRZANOWSKI: Can I ask a question-- (Commissioner Solis entered the boardroom.) CHAIRMAN STRAIN: Yes, sir. COMMISSIONER CHRZANOWSKI: --before the motion? CHAIRMAN STRAIN: Yep. COMMISSIONER CHRZANOWSKI: I sent an email out to staff--and I guess I'm allowed to say this--about--I have a lot of questions about the number of exotics I saw in the preserve on site at Marsala and the number of Brazilian pepper. It's all on the off-site parcel that's going to be redeveloped,and I have a lot of questions about how this is all going to be handled. And I would like someone from staff to be there that knows about what the rules are to make who take what out of where and when it's going to be done. Page 2 of 25 December 17,2015 CHAIRMAN STRAIN: Well,when this is actually heard,I would imagine our environmental staff will be attending since the environmental is a big issue. COMMISSIONER CHRZANOWSKI: Yeah. But I don't want them to say,well,you know,that's code and whatever. I would like someone here that can answer the questions. CHAIRMAN STRAIN: Well, staffs so notified. So it's not going to happen till the 7th of January. So at that time please make sure environmental staff is aware of the concern and that they come prepared to respond. COMMISSIONER EBERT: Mark,we also got an email saying that Mr.White can't be here on the 7th,and they still want to continue it further. CHAIRMAN STRAIN: Well,you know,I--it was continued once. It's continued twice. There's talk about continuing it further. It's the applicant's case. It's not the opposing party's,and I don't see why the applicant would need to do it if they don't feel it's necessary. Now,they may want to do it to be more--to work closer with the neighborhood if there are some issues there,but at this time I'm not suggesting or I wouldn't suggest that we let opposing parties just arbitrarily set the dates for applicants.They're not the ones paying for the process. COMMISSIONER EBERT: Okay. I was just reading the emails. CHAIRMAN STRAIN: Right. And I understand. Anybody else? (No response.) CHAIRMAN STRAIN: Is there a motion,then,to continue this to January 7th? COMMISSIONER ASSAAD: So moved. COMMISSIONER ROMAN: So moved. I'll second. CHAIRMAN STRAIN: Made by Wafaa, seconded by Charlene. COMMISSIONER SOLIS: And I'm going to abstain from voting because I have a conflict. CHAIRMAN STRAIN: Okay. All those in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: (Abstains.) COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0 with one abstention. COMMISSIONER EBERT: For the record,Mr. Solis-- CHAIRMAN STRAIN: Yeah. And,for the record,Ms.Ebert just noted. Andy Solis is here today, so... During the addenda to the agenda section of our discussion today,I'd like to ask this board to consider how to handle the remaining new item on the agenda. We have two consent items which we will immediately get into after this discussion,but we have left on the agenda a substantial change to the Collier County Land Development Code under the architectural criteria. Now,that section of the code is a very important section of our code. There's a lot to it. It's very complicated. We could probably spend quite some time on it. I would suggest to this board that we at least get into some discussion on it today,where our concerns are in the first read of it so that staffs aware of what we may need some refinement on and some clarification on but that we do not finalize a vote on it today. I think there's--after we get into it,there may be some responses that we will need more information on. And I also would like to suggest we end the meeting as close to noon today as we can. I think it's a pretty intense subject to carry on for five or six hours. Originally we were going to have Pelican Marsh first, which would have probably taken us till lunch or after,and then I had--if you noticed on the agenda this Page 3 of 25 December 17,2015 time there was a note that we were going to end at 3 o'clock today because I had not thought it would be productive to try to get into those architectural standards for hours on end. So with that mind,I need to know what this panel thinks about that. And the architectural standards have been presented in a different manner than what we're used to,and I want to talk about that when we get into them. But does that generally work with the idea of this panel? COMMISSIONER EBERT: Yes. COMMISSIONER HOMIAK: Yeah. I'm fine with it,not making the decisions today. COMMISSIONER ROMAN: I think that's-- CHAIRMAN STRAIN: Right,not making them today. There's going to be more--there's going to be some points made to staff that may require more research on their part and by any of us,and I'd rather see this thoroughly understood before we weigh in on it completely. Okay. With that in mind,I'll move on to the next item on the agenda,which is Planning Commission absences. Does anybody know if they're not going to be here on January 7th? (No response.) CHAIRMAN STRAIN: Okay. And,by the way,the Pelican Marsh one that we just continued may be continued again at that date,but that will be up to the applicant. COMMISSIONER HOMIAK: So what else would we have? We would have these amendments again? CHAIRMAN STRAIN: These would be--yeah,these would be continued until they're finished, so what we would try to do is spend a couple of hours each meeting on them,but I would suggest if we get into those that we not get into late afternoons,so we-- COMMISSIONER HOMIAK: Do we have anything else? CHAIRMAN STRAIN: There are other items on the agenda. I've seen it,but I'm not sure--Abaco is one of them,and I'm not sure what else is there. So we will have something to deal with on the 7th. Okay. That takes us to approval of minutes.We have--the November 19th minutes have been distributed electronically. Does anybody have any changes or corrections? COMMISSIONER HOMIAK: I make a motion to approve with a change to Page 4 near the bottom; where it says "Chairperson Homiak" should say"Chairman Strain." CHAIRMAN STRAIN: Thank you. There's been a motion made with a stipulation. COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: Seconded by Diane. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. COMMISSIONER ROMAN: (Abstains.) CHAIRMAN STRAIN: Anybody opposed? COMMISSIONER ROMAN: I'll abstain because I was not at that meeting. CHAIRMAN STRAIN: Okay. Motion carries 6-0 with one abstention. That takes us to BCC report,Ray. MR.BELLOWS: Yes. At the last Board of County Commissioners'meeting they approved the PUD amendment on the summary agenda for Berkshire Lakes. CHAIRMAN STRAIN: Good. MR.BELLOWS: And they also heard the appeal of the boat dock extension--the Haldeman boat dock extension,and that was--a settlement agreement was reached, and that was approved by the Board. CHAIRMAN STRAIN: Okay. Thank you. Page 4 of 25 December 17,2015 COMMISSIONER CHRZANOWSKI: Am I allowed to talk about that a little,seeing as how I attended that meeting? CHAIRMAN STRAIN: You can talk. It's a public meeting. Go ahead. COMMISSIONER CHRZANOWSKI: Something happened that--they made it sound like we did something wrong in our approval. They--for some--my understanding was what we did was we made a motion to approve,the motion was seconded but not--didn't pass. There was no motion made to deny. There were some modifications made,a second motion was made for approval,and that one passed. Now,somebody made the inference that that was wrong,that we should have killed everything then. I always--and I went home and looked at Robert's Rules of Order,and,you know,because everybody was talking about violation of Robert's Rules. And did we do something wrong? CHAIRMAN STRAIN: Mike? MR.BOSI: Mike Bosi,planning and zoning director. I was at the BCC hearing,and the appellant, the individual who--Mr.Pires,who was representing the appellant who was appealing the boat dock decision,made the inference that the motion was incorrectly passed at the Board of County--or at the Planning Commission meeting.And Jeff Klatzkow basically said it was messy. It wasn't as clean as possible, but it was most certainly within the order and within the law. So there was--there was the assertation that it was incorrectly made,but--the County Attorney's Office had opined that it was a little messy,but in the end it was a legal motion that was made by this Planning Commission. COMMISSIONER CHRZANOWSKI: I just didn't like the way that went. MR.BOSI: Yes. COMMISSIONER CHRZANOWSKI: And a second comment I have,I'm fascinated that you can take the professional opinion of three licensed engineers that there is not a problem and you can take a statement by a--by an attorney that there might be a problem and put any weight on that. That just blows my mind. Why do we bother using experts? That's all. MR.BOSI: We'll leave that as it stands. CHAIRMAN STRAIN: Heidi,did you have anything you wanted to add,or are you okay with what Mike described? MS.ASHTON-CICKO: It probably would be better to talk off line. CHAIRMAN STRAIN: I don't have anything to talk about. I just didn't--you were looking like you wanted to say something. I didn't know if you did. I wanted to make sure you had an opportunity, so-- but if-- MS.ASHTON-CICKO: Yeah. The issue was whether or not the public-- CHAIRMAN STRAIN: Your mike's not working. MS.ASHTON-CICKO: --comments should have been reopened because we took new evidence, so that was the issue. CHAIRMAN STRAIN: Okay. Thank you. Chairman's report. Oh, are there any other BCC report recaps,Ray,or those two items,that's it? MR.BELLOWS: Those two items. CHAIRMAN STRAIN: Okay. Chairman's report. One important issue for today. Eric Johnson, it's his birthday today. And I think,what,are you 64, 65,Eric? MR.JOHNSON: Funny. CHAIRMAN STRAIN: Well,Happy Birthday,and it's good to have you aboard as usual,so. We're going to have you up here in just a minute. ***That brings us to the first consent agenda item,and it's PUDA-PL20150000178. It's the Briarwood PUD,and this has been continued from the December 3rd meeting,and I think we heard it back in November. So with that,I'll ask the Planning Commission if there are any questions,corrections,any issues with your reading of the Briarwood consent item? COMMISSIONER ASSAAD: Why is this back to us? Page 5 of 25 December 17,2015 CHAIRMAN STRAIN: We have the-- COMMISSIONER ASSAAD: We approved it. CHAIRMAN STRAIN: No. We have a--after we approve any project that has stipulations,they come back in for what's called consent,and it's merely to affirm that staff articulated our stipulations correctly in the fmal document. Several years ago we found some problems with that process, so that's why we started the consent process. COMMISSIONER ASSAAD: Thank you. CHAIRMAN STRAIN: You're welcome. And as far as that,does anybody have any questions,because I've got a couple. Let's start with Page 8 of 9,Fred. The last line of the first--of Deviation No. 1 where the last sentence starts on the third line up from the bottom of the first paragraph. MR.HOOD: Yes,sir. CHAIRMAN STRAIN: It says,where a hedge is planted along Livingston Road and Radio Road, the placement of these shrubs shall be planted three feet on center in maximum 60-foot lengths and a minimum 30-foot breaks in continuity. MR. HOOD: Yes,sir. CHAIRMAN STRAIN: I think that's reversed. Don't we want a minimum 60-foot length and a maximum 30-foot break? We're not trying to eliminate--because the way it reads now,maximum 60-foot lengths,you could put a one-foot hedge,and then it's a minimum 30-foot break,and you'd have a 100-foot break. I think it's the opposite of what we should be saying there. MR.HOOD: I think we can be okay with that.That's not a problem. CHAIRMAN STRAIN: Well,it's not a matter of being okay. MR.HOOD: Well,the reason why we did it originally is because the original break on the plan-- and sorry,Frederick Hood,for the record,with Davidson Engineering. On the master plan,on Page 3 shows a--sorry. Here we are. The way that we looked at it,we show the break that we had that was in that area along the corner area was about 30 feet,so we took that 30 feet and said we'll make that the break of what we would be able to do. The 60 feet was just us saying,all right,we would have to plant them as a maximum length of 60 feet,and for every 60 feet we would have a 30-foot break,and then we would continue again with the 60-foot if we-- CHAIRMAN STRAIN: That's not what this says.This says a maximum 60-foot. So you could put a one-foot plant in there,and it says a minimum of 30-foot break, so you could put a 100-foot break in there, and we've ended up with nothing. MR. HOOD: The intent,as I was just stating,was that we were trying to make it so that it would be 60 feet of planted shrubs,a 30-foot break,and then another 60 feet of-- CHAIRMAN STRAIN: Okay. MR.HOOD: --planted shrubs. CHAIRMAN STRAIN: Well,then it's not a matter of living with it. I think what you intend to do would be you're going to have a minimum of 60 feet and a maximum of 30 feet,right? MR.HOOD: That's correct. CHAIRMAN STRAIN: Okay. So that needs to be changed. MR.HOOD: Okay. CHAIRMAN STRAIN: The middle of the paragraph it talks about it will collectively total double the minimum number of trees. So from staffs perspective--and I notice Dan's here somewhere--how would you interpret that and read it on the plan when it says "collectively total double the minimum number of trees"? MR. SMITH: Daniel Smith,principal planner. For a D buffer,which would be required along here,is trees are every 30 feet. How we would interpret it is based on the length of that buffer,divide by 30 feet,and we're just going to double it at that Page 6 of 25 December 17,2015 time. That's how I would interpret it. So--because trees are what's--are what are required along there;not shrubs but trees. CHAIRMAN STRAIN: Okay. So the spacing isn't going to be something you'd be looking at. You'll be just counting the number of trunks. MR. SMITH: That's correct. CHAIRMAN STRAIN: And they would have to be double what would normally be required. MR. SMITH: That's correct. CHAIRMAN STRAIN: So if you could fit three in 90 feet,you'd have to have at least six. MR. SMITH: That's correct. That's how I would interpret it. CHAIRMAN STRAIN: Okay. I just wanted to make sure that's how you understand it so there's no question about it later on. MR. SMITH: Correct. CHAIRMAN STRAIN: Thank you. That--by the way,that issue of the minimum/maximum occurs a couple times in this document,so we're going to have to correct it everywhere. The other item that I'm not clear on how it came about is the issue of the 15-foot setback for the garage-facing portion of the building in order to park a car in front of the building. The way this is written, the-- COMMISSIONER EBERT: What page are you on,Mark? CHAIRMAN STRAIN: This is on Page 5,Item O. COMMISSIONER EBERT: Okay. CHAIRMAN STRAIN: The additional parking spaces for some units apparently can be now collectively placed somewhere else on the property that isn't on the plan currently,apparently. MR.HOOD: No. What we're trying to achieve with Section 0 of 637 is that in front of--in front of each of the units,we agreed at the last hearing that we would have to have at least one of the parking spaces outside the unit. CHAIRMAN STRAIN: Right. MR.HOOD: So what we did is in the areas that we can have them as 90-degree parking,we were providing 23 feet from the front of the--from the front of the garage to the edge of pavement. For areas that we weren't able to do them perpendicular at 90-degree parking,we were proposing parallel parking in front of the units,and in this instance we were looking at providing 15 feet between the front of the garage to the edge of pavement. When we went back and looked at it and tried to fit that instance into the parallel parking scenario, we realized that on several places on the plan there was not enough distance between the front of the garage to the edge of pavement. So I actually prepared an exhibit showing those distances throughout the plan where we had issues. And I can actually hand those out so you can take a look at them. But there's significant areas that have been impacted that I don't think was the intent of ourselves and/or the Board. If you would let me show these to you. CHAIRMAN STRAIN: Yeah. Please pass it out.I'd like to see how this would work out. Heidi, if Brad Schiffer tries to give you a speaker slip,he's not allowed to speak. Do you want to explain to us what this is? MR.HOOD: I wanted to make sure that Eric had a chance to pass everything out. CHAIRMAN STRAIN: Okay. MR.HOOD: Okay. So on the first page I've highlight in green--thank you,Eric. I've highlighted in green the areas showing the distance between the buildings,because I think that was a concern that we discussed at the last hearing. The shortest distance, if you look to the right side of the plan or the east side of the plan--between Buildings 15 and 12 is the shortest distance of about 46.64 feet. On the second page of the 11 by 17 document shows these highlighted areas throughout the plan of where the 15-foot setback would become problematic from the building to the edge of pavement. Those are highlighted in the red areas. Page 7 of 25 December 17,2015 So there's more than a few,and they are concentrated on Buildings 9, 10, 12, 14,2,and 15,I believe. CHAIRMAN STRAIN: How many units are affected by the areas in red? MR.HOOD: It's about a third of the units. CHAIRMAN STRAIN: So out of 148,you're looking at whatever--that would be 60-some-odd units? MR.HOOD: Sixty,65 units,yeah. CHAIRMAN STRAIN: Okay. That means your intention by 0 is that where you can't fit the space in front of the unit,you're going to put it in a separate location within the site but just not directly in front of the unit; is that what you're saying? MR. HOOD: No. What I'm saying is is that the 15 feet that we were talking about at the last hearing,we would like that to be pulled back to 10 feet so that we would be able to allow a 10-foot buffer between--excuse me--the building, or not a buffer,but a setback between the building and the parking space,so we would have the area to put a parallel parking space where these--where--these areas where I show in red,we would basically pull those back five feet,and we would have enough area to put a parking space in front and then have another setback area between the building and that parking space. CHAIRMAN STRAIN: Okay. So the way--yes,go ahead,Wafaa. COMMISSIONER ASSAAD: You've got me confused now. Now I'm very confused. MR.HOOD: Yeah. COMMISSIONER ASSAAD: When you were talking about the setbacks,you said it's between the front of the building and the edge of the pavement. MR.HOOD: It's the edge of the pavement and the front of the garage. COMMISSIONER ASSAAD: It's not the right-of-way? MR.HOOD: No. There's no right-of-way on this project. This is all aisleways. There's no--there are no-- COMMISSIONER ASSAAD: I would call it road easement. MR.HOOD: Private easements. There's no easement. It's just an aisleway. So you have a 24-foot pavement,and then you have a 3-foot valley gutter on each side of that pavement. So you have a total of a 30-foot roadway width. What we're proposing on the 90-degree parking areas is to have the 23 feet from the front of the garage to the edge of pavement. COMMISSIONER ASSAAD: Not the gutter? MR. HOOD: Not the--so the gutter would include the 23 feet. The edge of--the edge of pavement is the 24 feet. So we would not be able to put any cars or back any cars out into the edge of pavement width, the 24 feet. We would be able to use the 3-foot valley gutter as part of our 23 feet. COMMISSIONER ASSAAD: And in the case of the 15-foot setback,the parallel parking,you have --then eventually you have 12 feet between the building and the edge of the curb? MR.HOOD: That's correct. COMMISSIONER ASSAAD: You have no landscaping in front of the buildings? MR.HOOD: There is landscaping in--well,you have garages mostly in front of those areas.The areas that have landscape are in the landscape islands that you can see on these--on this exhibit where the-- where you have--between the driveways there's landscaped areas there. That's always been the intent. The problem came in when we tried to put in the parallel spaces between the--between these landscaped areas,and certain areas we just didn't have enough space,so if--the extra five feet we actually need. COMMISSIONER ASSAAD: So why don't you make the building a little narrower? MR.HOOD: That would cause a huge domino effect on the parking--on the building design of the whole project. It's not something that we can't do,but it's something that would be very problematic and would cause huge implications to the PUD master plan. So what we would wind up doing is-- COMMISSIONER ASSAAD: What is the big problem?Instead of making it so many feet,reduce it by five feet or four feet or something to accommodate comfortable parking. Keep in mind that most of those people are probably elders,and they will have difficulty parking. And you need a little room to do some Page 8 of 25 December 17,2015 landscaping or something so the place doesn't look so stern. So,I mean,the answer is you can't do it because I have to redesign the building. MR.HOOD: That's not the only issue. We would have to redesign. That's a big issue,but the other issue is that we are providing enough building permit or planting/landscaping with this reduction from the 15-foot setback to the 10-foot setback. Also,with that 5-foot reduction that we're asking for,we still have enough room to be able to travel around the vehicles when they park. So the additional five feet I don't think was the intended consequence that we're seeing now.Yes,we could potentially shrink some of these buildings in the areas that,you know,have been highlighted but,again, as I was discussing,I think that that would have an effect on the PUD master plan that potentially would make us have to come back and revise this plan after it has been redone,because that means I have to move-- you know, let's say I have to move Building 5 or chop it up and make it look different. I don't know how, you know,engineering or planning staff will look at that to say that that is a departure from what we provided here. This is a very specific plan. CHAIRMAN STRAIN: You know, let's back up a minute. This is a consent hearing. MR.HOOD: Yes, sir. CHAIRMAN STRAIN: And you're getting into new submittals and new testimony,and I'm not sure that's appropriate for a consent. But I also want to understand,from the basis of the minutes that we voted on last time,where is your basis to suggest that the consent hearing that--the stipulations we provided were different than what was supposed to be subject to that hearing? MR.HOOD: I didn't mean to say that they were different. I'm just saying that we were--I'm trying to discuss what the intent of those were with that 15-foot setback,because there was a question that came from me,I believe,wondering what the actual setback was coming from. Was it supposed to be to the edge of pavement? Was it supposed to be to the back of curb? Was it the intent that this setback be for the areas for parking in front of the buildings,or was it supposed to be for edge of pavement,period? CHAIRMAN STRAIN: Well,let's take those one at a time. First of all,when PUDs come through and the setback is measured for the parking space, it's measured from the back of curb if curbed, if not,from the edge of pavement. In this case you are curbed so,theoretically,to fit with the other PUDs,the intention, unless you had stated otherwise--and I haven't got the record in front of me to find out if you did or not--it would have been from back of curb. Now,you're saying you intended it to be from back of pavement,which is three feet different. So I'm not sure we're on the same page there. Second of all,the stipulation was for 15 feet. And I don't know if you've brought the minutes with you to show us where that 15 feet was disputed enough to get us down to 10,because 10 is not 15. And if you're trying to change something we stipulated,we can't do that at a consent hearing. That's got to be done --we've got to re-open the hearing up. So we're not on the same page with this stuff. A couple of other things I want to mention.This all started because on the third--second--yeah, third and fourth line it says,additional required parking space may be provided within the individual unit and then a designated off-street parking area within the development. Now,apparently you're not going to do that because that wasn't thoroughly understood,I believe,at our last meeting in which this was discussed,and you don't have anyplace on your plan where you're showing where you're going to have off-street parking for 60 spaces. MR.HOOD: Right. CHAIRMAN STRAIN: So now we're back to how do you fit it in front of the unit? You're suggesting you can parallel park at 10 feet,and we had said 15. I think we also,though,acknowledged that we would accept parallel parking. MR.HOOD: Yes. CHAIRMAN STRAIN: Now your measurement is the difference. Now your measurement for the 10 feet for the parallel parking would come from the asphalt in or from the back of curb? MR.HOOD: From the asphalt--from the asphalt in. CHAIRMAN STRAIN: So you're only going to be six feet back from the back of curb with the building? Page 9 of 25 December 17,2015 MR.HOOD: Six feet--I'm sorry. Six feet back? CHAIRMAN STRAIN: You have a 3-foot--I mean 7-foot. You have a 3-foot valley gutting. MR.HOOD: Correct. CHAIRMAN STRAIN: You have seven foot. You'll be seven foot back from the--that's your setback is going to be-- MR.HOOD: So basically you have the 3-foot valley gutter,plus an additional-- COMMISSIONER ASSAAD: Seven. MR.HOOD: --six feet because it's a 9-foot spot,9 by 523. CHAIRMAN STRAIN: I don't know what size spot you're trying to aim for. MR.HOOD: Parallel parking. CHAIRMAN STRAIN: So you're trying to fit it in a--so when people pull into a parallel parking, they have a wall at nine feet. They certainly can't make sure their bumper's going to go over that 9-foot edge. So now you're--how do you do your utility,your UEs? You have a 10-foot UE outside the curb around all your roadways to get the utilities you've said--how are you going to put your UEs in? MR.HOOD: This isn't a proposed private or public right-of-way, so we're not looking at putting utility easements throughout the property.This is--it's a development that--actually,the utilities aren't even coming along those areas,I don't believe. I think they're on the back of the buildings on most of the--on most of the cases where they have a line that's coming in. I don't have the engineering plans in front of me right now,but we're not considering doing separate easements at this point right now. CHAIRMAN STRAIN: Okay. MR.HOOD: So-- CHAIRMAN STRAIN: Well,Fred,I know we talked about parallel parking as an option to the straight-in parking space. MR.HOOD: Yes, sir. COMMISSIONER SOLIS: Okay. Here we go. CHAIRMAN STRAIN: And that's kind of where I'm--I understand that,but I don't know how you do that in the footage you're trying for an and the measurement point you're taking. Go ahead,Wafaa. COMMISSIONER ASSAAD: Well, if you--if you're not creating easements,how are you going to put the utility lines underground? MR.HOOD: Well,that's something that--again,I don't have those engineering plans in front of me right now. I don't have them, so I can't show you exactly where they're going to go. COMMISSIONER ASSAAD: I don't need to know exactly where they go. The question is,if you're not creating a utility easement for water and sewer line that the county can accept or the owner as a station(sic)can accept,how are they going to be maintained and owned and developed? MR. HOOD: They're privately maintained and they're privately owned. The connections from the street,from Radio or from Skelly or from Livingston,we will have easement areas over those connection points. Again,I don't have them in front of me right now. COMMISSIONER ASSAAD: That has nothing to do with ownership. MR.HOOD: I understand what you mean about ownership. I just--I don't have them in front of me right now so I can't answer that question for you,because it's--the SDP hasn't been completely designed yet. I'm not sure how my engineers are going to do that right now. COMMISSIONER ASSAAD: Back to my point about reducing the size of the building,the depth of the building. If you look at any of your building you find that the outside line of the building shrinks in certain locations. Not all of the garage units have the same depth. MR.HOOD: That's correct. COMMISSIONER ASSAAD: So you can have more shorter units than deeper units. That will give you the space that you're looking for to accommodate the parking(sic)parking,so-- MR.HOOD: Yeah,we're not-- COMMISSIONER ASSAAD: It's not-- MR.HOOD: We're not objecting that we can't do it. We're asking that we be allowed to do it. Page 10 of 25 December 17,2015 CHAIRMAN STRAIN: Heidi wanted to interrupt with a comment. MS.ASHTON-CICKO: Yeah. I just wanted to comment. As the chair explained earlier in the meeting to Mr.Assaad,the purpose of consent is to make sure that all your stipulations and changes were made in the document. COMMISSIONER ASSAAD: So-- MS.ASHTON-CICKO: It was pretty clear at the end when the stips were made that it was 15 feet. So the only way for you to entertain the 10 is if the record reflected that there was a mistake. CHAIRMAN STRAIN: All right. And I don't-- COMMISSIONER ASSAAD: So we cannot get into discussions about it? CHAIRMAN STRAIN: Well,we can-- MS.ASHTON-CICKO: Well,it's 15 unless there was an error in the record,but I don't think there was. CHAIRMAN STRAIN: And he's not--do you have anything in the record that talks about a number less than 15? MR. HOOD: No. CHAIRMAN STRAIN: Okay. I also would like to ask Ray something on this matter. When you measure for a 23-foot space for a car to be parked in someone's driveway,do you measure from the asphalt or from the curb? MR.BELLOWS: If there's a sidewalk,you go from the sidewalk. CHAIRMAN STRAIN: I understand. MR.BELLOWS: If there's not a sidewalk,then it's back of curb. CHAIRMAN STRAIN: Back of curb. All right. So that's another--and this is being requested to measure from the back of asphalt. Would that need to be a deviation? MR. BELLOWS: I don't believe so in this case since we're really looking at something more akin to a commercial project where these are drive aisles and not roadways,and-- CHAIRMAN STRAIN: Okay. MR.BELLOWS: --in this case this is a 3-foot type of gutter. CHAIRMAN STRAIN: Well,I'm not comfortable going to the 10 feet in the manner in which it's been described when we had stipulated 15 feet. I do agree that we also talked about allowing parallel,but your way of measuring parallel to me is not a,necessarily, safest way to do it when you're going to have a wall right at the edge of where the car's going to be maneuvering at an angle off the roadway to get in and out and backing in and out. So at this point I don't agree with the way the document's been written in reflection of the Planning Commission's stipulations from before in two cases,one being Item 0 in regards to the 15-foot and the second being the minimum/maximum we previously talked about. Now,with that in mind,we either can vote to accept this on a consent as consistent with our stipulations,or we can vote that,from consent, it's not consistent with our stipulations. The applicant,on the other hand,could agree to make the changes to make it consistent and then argue your case in front of the Board of County Commissioners to prevent another opening of this hearing all through the Planning Commission again. Which would you prefer? MR.HOOD: The latter. CHAIRMAN STRAIN: Okay. So we will look at this with some corrections needed to bring it in line with what the Planning Commission stipulations were intended. I guess we haven't had this happen before,so I'll ask the staff or County Attorney,how do we accomplish that and know it's been accomplished correctly since this project has been so difficult to get corrected to this point anyway? MR. BELLOWS: For the record,Ray Bellows. I think we're down to a very minor change to what was submitted today. So if you stipulate whatever corrections you think are necessary,we can forward an email to each of the planning commissioners to verify that,but then we will proceed and load that document into the packet that goes to the Board of County Commissioners. Page 11 of 25 December 17,2015 CHAIRMAN STRAIN: Well,I would suggest that we fix the minimum/maximum language we started with,that on No. 0 we drop the language referencing designated off-street parking area within a development,because they've not shown where that can be done or how it can be done. And also on No.0, leave the 15-foot required from the edge of pavement for the parallel parking space. And as far as the setback for the building goes,that was only supposed to be for the area of the driveway,the drive from the--for that portion of the building. So where there's a conflict with a 15-foot setback and other parts in a couple corners I noticed;we didn't discuss that. So those three things,I think, should be clarified to bring it in line with our stipulations if the rest of the Planning Commission agrees. COMMISSIONER CHRZANOWSKI: Could I just remind Fred of one thing? MR.HOOD: Sure thing. COMMISSIONER CHRZANOWSKI: Usually driveways are 20 feet wide. Your driveways all seem to be the same width. So I'm looking at your parallel spaces as being 20 feet wide instead of 23. Make sure they're 23,because you can't fit a car into a 20-foot,okay? MR.HOOD: Yeah. That's defmitely understood. We just didn't want to modify this document any more than it had to be. Some of those driveways will have to be-- COMMISSIONER CHRZANOWSKI: It's going to cut down some of your islands maybe. MR.HOOD: Yeah. Some of those driveways will have to be reconfigured,some of those islands will have to be reconfigured,and we'll have to make sure that those are all done at the time of SDP. COMMISSIONER CHRZANOWSKI: Okay. CHAIRMAN STRAIN: Do the Planning Commission members have any other questions on this? (No response.) CHAIRMAN STRAIN: If there is a motion to approve consent subject to the changes that we just articulated with Ray Bellows,we can move forward.Anybody? COMMISSIONER CHRZANOWSKI: I'll make the motion. CHAIRMAN STRAIN: Okay. That--with those changes as noted. Is there a second? COMMISSIONER HOMIAK: I'll second. CHAIRMAN STRAIN: Seconded by Karen. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. COMMISSIONER ROMAN: (Abstains.) CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries-- COMMISSIONER ROMAN: Mr.Chairman,I was not at this hearing,so I abstain. CHAIRMAN STRAIN: Okay. Motion carries 6-0,one abstention. Thank you. MR.HOOD: Thank you all. CHAIRMAN STRAIN: ***That gets us to our next item up,which is the Rockedge consent item. It's PUDR-PL20150002246. It's known as the Rockedge RPUD. This is a consent item. Have the Planning Commission members reviewed it,and is there any questions or comments on that particular item? (No response.) Page 12 of 25 December 17,2015 CHAIRMAN STRAIN: The only comment I've got is concerning the--well,first of all,the staff made the corrections to be consistent with the GMP for the interconnections,and the previous discussion talked about having the ordinances referred to at the time of review of Site Development Plan or subdivision plat. We had talked about building permit. The language that's here says approval of each development order. I think that's sufficient.Whether it's a building permit or whatever, it still covers it that way. So I think from that perspective,I didn't see anything else that needs--we're consistent then. Anybody? COMMISSIONER HOMIAK: Make a motion to approve. CHAIRMAN STRAIN: Motion made by Karen. Seconded-- COMMISSIONER CHRZANOWSKI: Second. CHAIRMAN STRAIN: --by Stan. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0 with Charlette abstaining,or were you here for that one? COMMISSIONER ROMAN: I was here for that one. CHAIRMAN STRAIN: Motion carries 7-0. Thank you. MR. SMITH: Thank you. CHAIRMAN STRAIN: Thank you,sir. ***That brings us to our-- COMMISSIONER EBERT: Hot topic today. CHAIRMAN STRAIN: --next agenda and remaining agenda item. This is 9C. It's the Collier County Land Development Code changes for the architectural standards review section of our code. This has been going on for quite a while with the review staff. It's gone to DSAC. Jeremy Frantz has been the lead individual regarding staff. First of all,Jeremy,I want to thank you for an incredible job you did. I had seen multiple ways of displaying and laying things out,and I thoroughly enjoyed being able to see the old and new versions in the last spreadsheets that you attached and some of the discussion so that everything was concise in a row. We could follow it better. I thought that was very helpful for my review. And for this panel's discussion,I noticed that in the 109 pages of this there are three different methodologies for explaining what's happening. There is a narrative section,which is the first chunk of it, that staff just did it as a typical staff report,there's a middle section that actually takes the sections of the code or the strikethrough and underline,and then there's a final section which are in landscape format.They're the spreadsheet format where staff has compared each change to the language that was there and then with explanations as to what that could or could not mean. And so I don't know where the Planning Commission wants to start in discussing this. But I think Jeremy's going to start off with some presentation. We'll start with that,and then we'll decide on how to tackle this thing after we hear from Jeremy. Hello,Jeremy. MR.FRANTZ: Hello. Jeremy Frantz,for the record. I'm a senior planner with the development review division. I'll just briefly touch on a few issues before we begin the review. Page 13 of 25 December 17,2015 This process really began in 2012 when,with the Planning Commission's support,the BCC directed a review of the entirety of Section 5.05.08 in order to propose some changes to the architectural standards. So that resulted in the creation of the Architectural and Site Design Standards Ad Hoc Committee and--by resolution in 2013 with the following task: Quote,to aide and assist the Board in reviewing the current architectural and site design standards contained in the LDC and make recommendations for updates and revisions,end quote. So before we get into the proposed amendment,I'll just touch a little bit on the way that the architectural standards exist today. The standards were adopted in 1996,and the first review--the first comprehensive review of the architectural standards occurred in 2004. This would be the second time that we've looked at them comprehensively. The section establishes building and site design standards intended to--or,sorry,for--establishes standards for most commercial and nonresidential buildings intended to enhance the visual appearance of the community. It does that through numerous design requirements,including facade elements and window requirements,variation in building massing scale,wall planes and wall heights,building design treatments and ornamental and structural architectural elements,roof-line articulation,and roof treatment--other roof treatments,site design,and landscaping requirements as well. So getting back to the committee. The committee is composed of architects,engineers,and industry representatives. They include James Boughton,Rocco Costa,Kathy Curatolo,Dalas Disney,Bradley Schiffer,and Dominick Amico. We have some of them here with us today. During the committee's review,there was also a significant public involvement and comments from landscape architects,engineers, industry representatives,the Immokalee CRA staff,and the Conservancy of Southwest Florida. The committee also shared the amendment with architectural engineering and real estate professionals,and the amendment has been reviewed and recommended for approval by the Development Services Advisory Committee's Land Development Review Subcommittee and the full DSAC. Staffs involvement in this process has been threefold. We have been there to facilitate committee meetings,we provided some comments on proposed changes,and prepared the amendment request that's before you today. It's important to note that although staff has been involved in this process,the amendment is not a staff-proposed amendment. So at the outset of the committee's review of the architectural standards,they established some goals for their review and revision. You can see this list on Page 2 of the actual amendment request if you'd like to follow along. They include to make architectural standards more user friendly,to reduce the overall number of standards,to provide relief from over-restrictive standards which are imposed only on PUDs,to focus the applicability on the most appropriate areas,and to revise the applicability for redevelopment projects,to refine the applicability for--sorry--to ensure that the standards are focused on big-box stores,to reduce cost to businesses,and to remove civil engineering or site design elements from the architectural standards. So as you review the proposed amendment,you'll see each of those goals represented to varying degrees by their changes. Finally,there's an additional amendment in your packets today that I don't want to pass up.There is --it provides cross-references throughout the LDC to 5.05.08,and it's really representing those revisions and renumbering that's occurring in 5.05.08 as well as trying to improve the coordination of site design standards in other sections of the code with those that are within the architectural standards. So with that,I'll turn it back over to the Planning Commission to determine how you'd like to review the amendment. CHAIRMAN STRAIN: Okay. MR.FRANTZ: We have staff and committee members available to answer any questions. CHAIRMAN STRAIN: And for the planning staff--Planning Commission members that are new, we have Brad Schiffer here today. Brad spent a lot of time on this Planning Commission and helped us in Page 14 of 25 December 17,2015 innumerable ways when we were originally getting in--when he was here originally and we got into a lot of architectural issues,so... And one thing that Brad was very careful and conscious of is massing,and that will be a focal point for discussions with him today as well since they're striking all the massing. So we'll have an entertaining discussion,I'm sure. But I need to know where to start. And since we have three sections that basically mirror each other in regards to what they accomplish, is it easiest for this Planning Commission to use the spreadsheets on the last section or the cross-throughs or the narrative? And we--because we don't need to read every page of three different--of having it said three different ways,but I don't know how you-all approached this when you reviewed it. To me,the easiest way would be to use the spreadsheets that start on Page 69 or 70 of the electronic version and walk through those a page at a time,but I don't know if that works for the rest of you based on where you may have made your notes and markups on your paperwork. Anybody? COMMISSIONER SOLIS: I used the spreadsheet. CHAIRMAN STRAIN: So did I,and I--so if--why don't we start there and see how we can work our way through it. And before we go too far,though,there is a couple general statements that I wanted to understand in the very beginning,and this is on Page 2--Page 1 of 1,but it's Page 2 of the packet. In that table that shows the reviewing entities for this,there are only three;DSAC,CCPC,and BCC. I don't believe that DSAC-LDR should be represented on that table. They're a part of DSAC,and I'd rather that that be incorporated when it goes to the Board as one review by DSAC. To be fair to this panel and everybody else,then we would have seven separate columns to review seven different ways. And if there-- MR.FRANTZ: I'll make that change. CHAIRMAN STRAIN: Okay. And the other general statement I want to make is the beginning of your LDC amendment request,the second paragraph from the bottom,last line it says,this ordinance included--and it's referring to the architectural ordinance. Numerous illustrations which were intended to visually depict the standards;however,this had the unintended consequence of architectural features frequently being designed exactly as illustrated. I don't know who thought that was unintended. I thought it was intended when we adopted those,and I like the idea. So I'd just like to make--that's my first,I guess,disagreement with the way the approach on this may have been. The second one was that on January 9,2014,as discussed on Page 2,the committee members present voted 4-1 to eliminate standards entirely. Now,did those same committee members continue to amend-- recommend these amendments to those sections,Jeremy,the same participants? MR.FRANTZ: Yes. CHAIRMAN STRAIN: Okay. So on one hand they didn't want them at all,but for some reason they continued to rewrite them,but there their mindset was they didn't want them at all. I mean,that's kind of what's displayed here. MR.FRANTZ: Yeah. I don't want to speak for the committee,but that's the way it's outlined in the narrative. CHAIRMAN STRAIN: Okay. With that,I don't know if anybody else has any general comments from the first few pages. COMMISSIONER SOLIS: Can I just ask a question because-- CHAIRMAN STRAIN: Sure. COMMISSIONER SOLIS: --at the beginning of the presentation you said this wasn't a staff proposal,and that confused me. Whose proposal is this thing? MR.FRANTZ: This is coming from the Architectural and Site Design Standards Ad Hoc Committee. COMMISSIONER SOLIS: From the committee,okay.But staff,obviously,was involved in preparing all this? MR.FRANTZ: Right. COMMISSIONER SOLIS: Okay. Page 15 of 25 December 17,2015 CHAIRMAN STRAIN: Staff was--I think what they're trying to say is they didn't-- COMMISSIONER EBERT: Originate. CHAIRMAN STRAIN: They didn't say this is their feelings. They said this is what they were told to write up as code. COMMISSIONER SOLIS: Okay. CHAIRMAN STRAIN: And then that's for the Board to decide if the community--the Board of County Commissioners to decide if the community wants these changes as a whole. I think that's what he was trying to indicate. COMMISSIONER CHRZANOWSKI: And the committee was set up by who why? CHAIRMAN STRAIN: Jeremy,I'll let you answer that. MR.FRANTZ: They were created by the BCC. At the time, in 2012,there were two amendments proposed to the architectural standards,and both the Planning Commission and the Board decided,rather than to address issues piecemeal throughout the architectural standards,that they'd like to take a comprehensive look at the entirety of the standards. CHAIRMAN STRAIN: Okay. And if we go to those spreadsheets,Page 2 of the spreadsheet starts to get into the actual discussion of the LDC changes. Now,I've been through all the pages,and some of it works and some of it I have concerns about. And it's probably two-thirds of it,I think,I don't have that many concerns about,but a third of it I still do,and that's probably where I'll be focusing today. I don't know about the rest of the panel members and how far you-all got through these documents. But what I'd like to do today is get all of our questions on the table,get the best answers we can. I think there's some further research on a couple items. One in particular that I noticed didn't seem to be addressed is the Dover-Kohl study from 2001. Jeremy,did the--did they review these standards against the policies in the Dover-Kohl document that the Board adopted? MR.FRANTZ: No,not during the committee meetings. CHAIRMAN STRAIN: Okay. Because in that document they specifically refer to parking,parking spaces,the quantity of spaces,additional landscaping when the quantities exceeded,where the parking should be. The massing is a big element in there. They talk about massing extensively. They also get into issues of square footage of buildings. Now,that's already an adopted study that was done by the Board of County Commissioners in 2001, and I would certainly like to know how staff--or if staff will have some time before this comes back to compare the recommendations there to see if they differ--or where they differ from the standards that are offered here today. Is that something staff would be able to do? MR.FRANTZ: We can do that. Maybe we can consider that when we continue this to a date certain. CHAIRMAN STRAIN: Okay. Thank you. With that,this is not going to be an exciting discussion,folks,but we need to get it. The first item is on Page 2 of the spreadsheets. It's under purpose and intent. Does anybody have any questions concerning that language? They added some language to talk about bird collisions in regards to glazing materials.That was at the request of the Conservancy,and I think it's a pretty benign request. I don't have a problem with it. Does anybody else? COMMISSIONER EBERT: No,because it happens. COMMISSIONER CHRZANOWSKI: I'm curious about something. I saw a comment in there that there is no mirrored glass in Collier County but,yet,I can think of two buildings that have monstrous facades of mirrored glass. And when you walk by them,there's always little dead birds on the ground. Is mirrored glass allowed in Collier County? MR.FRANTZ: Sony. One moment. CHAIRMAN STRAIN: Something awry? MR.FRANTZ: We'll have to get back to you to answer that question. CHAIRMAN STRAIN: Okay. Page 16 of 25 December 17,2015 COMMISSIONER CHRZANOWSKI: It's a benign question. MR.FRANTZ: Yeah. COMMISSIONER EBERT: Well, it says in there it's not. CHAIRMAN STRAIN: Mike? MR.BOSI: Mike Bosi,planning and zoning director. Just related to the comment to the Dover-Kohl study. That is an adopted study,but it is a nonbinding study. I just wanted you to know there's a lot of different suggestions. There's a lot of different areas that are covered within that study. It talks about design community development,how the interconnection between separation of land uses in a play of land uses. It's advisory in its nature. We most certainly can review it against the suggestions so we give a better feedback to the Planning Commission. But I just wanted to let you know that the suggestions within that study are, indeed, suggestions and as kind of like guidelines for good planning principles. And we most certainly can look at that and provide commentary related to some of the suggestions within the proposed amendments against that. CHAIRMAN STRAIN: Right. And that's what I have done,and that's why I raised the question is because some of the suggestions here are not consistent with that plan,and I didn't know if staff had taken that into consideration in regards to how they evaluate it,so... Planning Commission members,we're on the bottom of Page 2,the applicability. Jeremy,as we go through these,do you want to provide a narrative with each one explaining what they are,or does the Planning Commission need that? I am--I know how--I know what I've got to do to get through,but I don't know if that's what you-all want to do. So I'm certainly open ears to any ideas that this panel may have on how to approach this document. Okay. COMMISSIONER ROMAN: I'd like to hear from Jeremy a little bit,you know,to make sure our conversation is focused. CHAIRMAN STRAIN: I agree, and that's what I was--so what I'd like to do,Jeremy, is could you introduce each separated section that we're going to talk about here,or would you rather have Brad do that? I know you'd probably rather have Brad do that,but-- MR.FRANTZ: Do you want to walk through each section,or do you want an introduction to specific sections only? CHAIRMAN STRAIN: Well,the only-- MR.FRANTZ: I can do either way. CHAIRMAN STRAIN: I have--well,we have a series of different changes to different sections of the code. If anybody on this panel has a--not in agreement with any of those sections,we need to know it. For example,on Page 2.B which takes the architectural applicability out of certain sections of our community and only applies it to a less number than currently is applied for,I need to understand that,because at this point I don't know why we would do such a thing. If you're not the right person to ask for that,maybe one of the architects who are here would like to. I'm sure they're anxious to argue. MR.FRANTZ: I think I understand then. Yeah,you want to--if you want to hear from the committee about justifications or intention,that probably would be more appropriate than having stuff describe that. CHAIRMAN STRAIN: Okay. So of the--I'm sorry,gentlemen. Of the three of you that are here, do any of you prefer to respond to our questions? Go ahead. MS.ASHTON-CICKO: I just need to make a note for the record. I believe we have team members of DSAC here,and we have two members of the architectural ad hoc committee. I have not seen anything that noticed this as a meeting of that committee. We've got two or more members here. It has not been noticed. So to the extent that this item could go back to them,this could be construed as a meeting. And so, if they're going to speak,I just have to caution them of the potential violation. CHAIRMAN STRAIN: So that means if the--if all of you could electively speak one uniform tone together,we'd be okay. But if you individually speak,I think we have a problem with the exception of maybe a direct question; is that-- Page 17 of 25 December 17,2015 MS.ASHTON-CICKO: Well,if they're going to--you know,it just depends on how they comment,whether it can be construed as the members communicating amongst themselves. COMMISSIONER CHRZANOWSKI: Dalas and I are on DSAC. So I have no problem leaving, because I've seen this once. I'll sit outside-- CHAIRMAN STRAIN: Stan,I'm-- COMMISSIONER CHRZANOWSKI: --until you're done. CHAIRMAN STRAIN: It doesn't matter. I just want to make sure--Heidi-- COMMISSIONER CHRZANOWSKI: There's five of you here,and I'm an engineer. I'm not an architect. MS.ASHTON-CICKO: Well,if you just observe and don't comment. COMMISSIONER CHRZANOWSKI: That's hard for me to do,but I'll try. I'll just go to the bathroom more often. CHAIRMAN STRAIN: When this started going through the process,we had an in-house architect named Madeline--and I forgot Madeline's last name. MR.FRANTZ: Bunster. CHAIRMAN STRAIN: She was understanding of this section of the code,and she had worked with it quite a bit before she left. Well,unfortunately, she left not too long ago. We've just recently hired somebody brand new,but they would have no experience with this section of the code at this point in time, and so we have a dilemma. We have questions,and we need to understand what some of this means. I can read it.I can interpret it myself,but that may not be the best way to approach it. Staff is not in the position where they have the architectural experience necessary to explain this in detail or the intent of the committee. And so,with that in mind,Heidi,how could we proceed to get an understanding of some of the questions we're going to have from this? I'm assuming the Planning Commission's going to have questions. I do. I mean,I see a lot of this as being a reduction in the standards to a point where we're not going to have the character of the community that we've started with,and I'm concerned about that. So--but not all of it. There's probably two-thirds of it that will work,but there's some big items that need to be questioned,and I don't want to eliminate the committee from being able to explain themselves. So how do--what's the--what's a way we could proceed where we could have better input?Because our staff is too new at this. The new member is not going to be able to help us with this at all. Would we have to readvertise this meeting to acknowledge that other committees are present? MS.ASHTON-CICKO: That's how we've done it before. So it's been noticed and we've taken minutes,and that's how we've done it before. CHAIRMAN STRAIN: Okay. MS.ASHTON-CICKO: I can't really answer that question as to once they start speaking,whether that could be deemed a communication,because that would be,really,a question of fact if somebody were to sue on it. CHAIRMAN STRAIN: Okay. MS.ASHTON-CICKO: So you could stick with just one of the architects answering all the questions and the other one just observing. CHAIRMAN STRAIN: Okay. Well,at least what I'd like to accomplish is walk through these standards-- MS.ASHTON-CICKO: Actually,there is a notice that did go out that Mr.McLean has just shown me, so they're going to print it out and make it part of the record,and give it to the clerk. So if that is-- MR.McLEAN: Should I read it into the record? MS.ASHTON-CICKO: No,we'll just make it part of the minutes. But if that did run and,you know,you can verify that this notice was posted in various locations,why don't you just put that on the record and we'll give it to the clerk. COMMISSIONER SOLIS: And this is a notice that the committee was going to meet as well today? MS.ASHTON-CICKO: Yes. CHAIRMAN STRAIN: Okay. Page 18 of 25 December 17,2015 COMMISSIONER EBERT: That's good. MS.ASHTON-CICKO: And that covers DSAC and the Ad Hoc Advisory Committee? MR.McLEAN: Yes. CHAIRMAN STRAIN: Okay. So now it appears that proper notice has been had. So now we can go back to you guys being able to talk to us. So with that in mind,Jeremy would love to sit down. Who would like to stand up? COMMISSIONER SOLIS: Can I ask one question?And this is the first set of these revisions,I think,that have come up since I've been on the Planning Commission. And I see,going through the spreadsheet,that there are--there are staff notes. And this goes back to my earlier question about whose proposal is this. And I'm just--you know, staff is usually who we rely upon for opinions as to everything, and so I'm curious,are there--and I haven't--I don't think I've seen any. Are there any,you know, statements from staff as to whether or not they're in favor of this,I mean, each one of these,or--I've seen notes and things about what staff presented to the committee,but I'm just confused as to what staffs role is in advising us. CHAIRMAN STRAIN: And,Jamie,I'm going to ask you to respond to that in a minute,but I do want to make it--the biggest problem we have today is the in-house architect we had who would be,you know,employed as a staff member who would normally be presenting this and normally be here to discuss it left employment with this county not too long ago,and she was the one that was most familiar with it, so we don't have a staff member who's that familiar with architectural criteria of this nature that they could respond to our questions today with the exception of Jeremy's background by writing what he was told to write by the committee. So I don't know--I'm trying to figure out a better way to approach it other than just us interpreting it ourselves and saying yea or nay,we like it or don't like it, and I'm not sure that's the best way to do this. I'd rather understand it before we weigh in on it. COMMISSIONER CHRZANOWSKI: The committee is architects. Why not just--why do we need staff?I mean,they're professionals. CHAIRMAN STRAIN: Well, Stan, I would rather hear from a staff member who would look at it maybe differently than a group of professionals employed in the community. Not saying they looked at it wrong or anything,but I'd like to have the balance of both sides,and we don't have that. We've only still got the committee's presentation,and we don't have a different perspective. COMMISSIONER EBERT: Well,doesn't Matt handle that? CHAIRMAN STRAIN: No. Matt loves to be called an architect,but he's not. MR. McLEAN: Just for the record,though,Matt McLean. I'm the manager of the development review division. And over the course of the two years that we were engaged in this work with the committee, we actually went through three staff architects,so it wasn't just Madeline. Carolina Valera started the initiative. Tammy Scott was subsequent to Carolina,and then Madeline Bunster,ultimately,was the one to work towards the completion of the document. Madeline's departure of the county was prior to the time when we actually completed the section. So throughout the entire section of our work with the ad hoc committee,we did have our LDC staff members affiliated with all of the public meetings that we held throughout the entire process. COMMISSIONER EBERT: Thank you,Matt. CHAIRMAN STRAIN: And,Jeremy,did you have anything you wanted to add to respond to Andy's question? COMMISSIONER SOLIS: Let me--maybe I can simplify it. So would it be my--would I-- let me see if I can simplify it. Can I assume,then,that these proposal --changes to the LDC,these proposed changes,that staff would be recommending approval of these changes? Because that's my question. MR.FRANTZ: In this case the amendment was--or this process was directed by the Board,and we didn't receive specific direction--staff didn't receive specific direction to provide that same kind of,you know,a recommendation that you would get on, say,a land use petition. COMMISSIONER SOLIS: Correct. Page 19 of 25 December 17,2015 MR.FRANTZ: So we--as you noted,we have some staff notes in here. And depending on the particular note,they might just be providing additional clarification,maybe some additional information. There might be some concern that's identified,but we're--we've remained neutral in the narrative. COMMISSIONER SOLIS: Okay. Well--and that was what you were directed to do by the Board. Okay. CHAIRMAN STRAIN: So that's-- COMMISSIONER HOMIAK: Who are the staff notes from,you or the architects that were in the process along the way here? MR.FRANTZ: It would be from multiple staff,you know,not--depending on what the particular issue was,maybe not even just the architect but additional staff members who might have some input. COMMISSIONER HOMIAK: Okay. CHAIRMAN STRAIN: And out of fairness to Jeremy,he had asked me numerous times to make sure that he was not here--to make sure we all knew he was not here to interpret what the committee was intending. He simply is introducing it to us. And with the committee members here,hopefully we can rely on them to give us some clarification. So with that, if we could proceed to the first section as the--what I'll do is I'll ask the group if we have any issues with these,and if we do,then we can ask for clarification from the committee. If we don't, we'll move on to something that we don't have questions about--or that we do have questions about. So the first one,under the applicability provisions. And I don't know who wants to address this,but I have concerns that we're eliminating a segment of our development community that is not going to be subject to these standards,and I don't know why we would want to do that. So I'd certainly need to understand from somebody what the basis of that is. MR. SCHIFFER: Mark,I think what might work--this is Brad Schiffer,for the record. What might work best is,if a couple of us are up here we can hop in on the issues. CHAIRMAN STRAIN: Great. We're here to try to figure it out,so that's the best way. MR. SCHIFFER: The development community you're talking about is the commercial/industrial zones,correct? Because that's the-- CHAIRMAN STRAIN: Well,basically what's happening is the change would--nonresidential PUD districts,like mixed use PUDs,research or technology park PUDs, industrial PUDs,and community facility PUDs would no longer be required to have any architectural criteria. MR. SCHIFFER: Right. CHAIRMAN STRAIN: They wouldn't be part of that applicability clause. MR. SCHIFFER: And it's really focused within those different PUDs. The exterior on the arterial roads and stuff like that,they certainly would.But one of the big complaints we had coming from the engineers was that once you go into these commercial districts,why are we doing some of these standards on these buildings that are purely utilitarian? CHAIRMAN STRAIN: Okay. Well,that brings me to my--a project that I actually saw some of the concern on,and that was the Publix out at Ave Maria. They were required to have multiple facades. It was within their project. They had a design that they wanted to have. And I would understand that kind of application,but at the same time I didn't see a recommendation here to allow standards for PUDs to be written for the PUD instead of applying to the LDCs;whereas, instead of staff regulating the architectural standards within a PUD,like Ave Maria, let them do that themselves. Is that something you contemplated or had discussed? MR. SCHIFFER: And we discussed that. We are assuming a PUD is a highly-reviewed, highly-regulated thing that stands alone on its own;it is its own zoning. So we really weren't concerned that much about something that could happen in a PUD because you're writing those standards. Ave Maria,the design standards for that didn't reference,I don't think, 5.05.08. CHAIRMAN STRAIN: No. But they're subject to it,and that's been a problem. Especially when their core area is so far from the main roads, it has no impact on the general public. So it's issues like that that Page 20 of 25 December 17,2015 you may have--if you had recommended something that would addressed that kind of issue,that would have taken a big change in the standards probably with not being noticed by the public in general. MR. SCHMITT: Correct. CHAIRMAN STRAIN: But,anyway,I didn't see that in here. From staffs perspective,Jeremy, in your review of this,would staff have interpreted the remaining application area to be just as Brad said,it would still apply to those areas where staff says it wouldn't apply because those areas would be facing, if they did face,arterial or collector roads? MR.FRANTZ: Yeah. I think that would be caught under the next section in B.2 as nonresidential buildings that is--if you want to skip to Page 3. In 2.A it states,the project site is abutting an arterial or collector road and is located in a nonindustrial zoning district. CHAIRMAN STRAIN: Well,I caught that,but it says"abutting," and abutting doesn't mean anything. Abutting means you have a road and an industrial building right next to it,but you put a 1-foot cheater strip in as an easement,and you're not abutting anymore. So I think we don't--I don't like the use-- that particular word for some applications like that,because abutting means you've got to be touching,and there's been creative ways to avoid that. MR.FRANTZ: Yeah. We--there is also--the second sentence in that statement is,this shall include project sites separated from an arterial or collector road by up to 150 feet of right-of-ways or easements. CHAIRMAN STRAIN: Okay. MR. FRANTZ: But you're correct, it would only apply to those PUDs mentioned early in that instance. CHAIRMAN STRAIN: Why wouldn't we suggest the word"adjacent"and in that location? MR. SCHIFFER: I mean,we really spent too much time on this,you know-- CHAIRMAN STRAIN: "We"meaning your group or-- MR. SCHIFFER: Our group. CHAIRMAN STRAIN: We just started. MR. SCHIFFER: Yeah,you just started,and we can add to that. The--we went through all the definitions multiple times. And prior to that it just said it was located on the road,and that,we felt,had more problems. We did try to fix the cheater strip with the 150 feet. And"abutting"and"adjacent,"we settled on "abutting." CHAIRMAN STRAIN: Well,in B we've limited it to project size located on arterial roads, so you've eliminated collector roads? MR. SCHIFFER: Correct. CHAIRMAN STRAIN: Okay. The collector roads are traveled by the public probably as much as arterials in this county, so why would you eliminate the collector records? MR. SCHMITT: When we researched it,there were hardly any collector roads. I mean,that was the --we had a lot of conversation on that,too.We've been together for a long time on this thing. So there was no real need for it. The only place it would cause trouble again is inside some of the industrial areas. MS.ASHTON-CICKO: Mr.Chair? CHAIRMAN STRAIN: Yes,ma'am. MS.ASHTON-CICKO: I do have the notice in front of me that we're going to give to the clerk,and it doesn't include the architectural ad hoc committee,so I would recommend sticking with just one of the committee members speaking. CHAIRMAN STRAIN: Okay. We're on and we're off. And everybody gets to relax except Brad. MR. SCHIFFER: And I can't consult him,right? COMMISSIONER SOLIS: I mean,that's already happened. MR.FRANTZ: Before we continue,maybe we could take a five-minute break. I think that maybe we are looking at the wrong version or something. CHAIRMAN STRAIN: Yeah. Let's take a break. We'll--let's come back at 10:15 and resume,try to figure out how to approach this. (A brief recess was had.) Page 21 of 25 December 17,2015 CHAIRMAN STRAIN: Okay. I had a--just had a discussion with the architectural committee,and in the process,it--first of all,I don't believe it's been properly advertised;is that the outcome of the discussion that happened during that break? MR.FRANTZ: No. In fact,I'd like to just read into the record really quickly the advertisement that went out just so that we're very clear. CHAIRMAN STRAIN: Okay. MR.FRANTZ: On December 9th it was posted that the Planning Commission meeting was being held today,and it says,two or more members of the Board of County Commissioners,Development Services Advisory Committee,the Floodplain Management Planning Committee,and the Architectural and Site Design Standards Ad Hoc Committee may be present and may participate at the meeting. CHAIRMAN STRAIN: Okay. So is that-- MS.ASHTON-CICKO: There was another notice that ran on a different date,but we do have a notice that did run,and that's what Jeremy's confirming. CHAIRMAN STRAIN: Okay. COMMISSIONER EBERT: So it's okay? MS.ASHTON-CICKO: Yes. CHAIRMAN STRAIN: The committee has clearly told us how much time they spent on this. County staff has had--worn out three staff people on this project so far,and the committee took two years to get here. We were handed this on Friday. And I reviewed it over the weekend as intensely as I could. I read the entire 109 pages,which is actually reading the thing three times. And I've got pages and pages and pages of questions. But I think that it might be better if we all were given more time to resolve and look harder at this and understand it better,maybe interacting with the committee members individually or staff members to try to see how it goes before we proceed too much further today. I think today might not be as productive as it could be if we were better prepared. Part of that problem occurs because of Pelican Marsh. We know that's a somewhat controversial project. There was 1,065 pages to that project.And that being the dominant factor for today was what many of us probably spent our time on. And for that reason,I think we ought to continue this item to a time when staff has done some research regarding the Dover-Kohl study and we've had a little ample time for ourselves to read it. It would be a great read over the holiday, like on Christmas Eve or something like that. COMMISSIONER EBERT: My kids are coming tomorrow. CHAIRMAN STRAIN: What do the rest of you feel about that? COMMISSIONER SOLIS: Bouts of insomnia,yeah. CHAIRMAN STRAIN: It will put you to sleep.Any--what do the rest of you feel? COMMISSIONER SOLIS: I absolutely feel the same way. I think this is a very detailed spreadsheet,and going through it,the first time I did, it's going to take some time to really get into it,and I would support a motion to continue it to another hearing. CHAIRMAN STRAIN: Okay. And what I'd--I'd like to suggest that when you read it,we do away with all the pages of stuff that is redundant and stick to the spreadsheets in the back that we started working with today. Those spreadsheets seem to be the most concise way and practical way to look at it. So if you focus on that, it will be able to get done in a much more understandable manner. Yes,Charlette. COMMISSIONER ROMAN: Yes. I have a question just for clarification. For example, let's just take the first one so that I can get my bearings.When the staff notes present a question like it did on Page 2, Item B,that assisted living facilities are sometimes categorized in two different ways in the county,how will we address that? Because that seems to me something that we'll have to address in addition to what's being proposed for the changes. CHAIRMAN STRAIN: I'll turn to staff members to see if they have--what they would like to see for direction when questions like that are posed. Page 22 of 25 December 17,2015 And,Ray,as far as elements in the LDC that are impacted by how that's interpreted,wouldn't that necessarily mean that staff would have to see--if they're requesting a clarification and we make the clarification one way or the other,do we know,based on this writeup,how many sections of the code are affected by that? If we say all ALFs,wherever they are,are commercial whether they're in a residential PUD or not, how does that change things? For example,will the RPUD be a CPUD? Will the conditions of that PUD change in the way it's looked at for percentages and other elements? I mean,those kind of--I think Charlette's question is valid,but we need to know the ramifications if we weigh in on a subject like that before we jump into it. COMMISSIONER ROMAN: Or the process,if that's a part of this discussion as well. CHAIRMAN STRAIN: I don't think it needs to be,but I think if we see this as a concern,we can instruct staff to prepare an analysis of that so we can address it later in the future. So out of this we can utilize that as a way to look at that in the future. That might be the best way to approach it. MR.BELLOWS: Yeah. And,for the record,Ray Bellows. That's typically what happens with these LDC amendments. They can affect other sections of the code,and we typically try to list those sections that we identify that are--could be affected in that way in other parts of the code. CHAIRMAN STRAIN: Okay. So as we go through the spreadsheets that are on the--the last sections of this document we've got--and we'll do this for whenever we continue this to. Those kind of questions,make notes,and then we will separately discuss those and ask staff to either proceed with a review of those or not depending on the notes. Does that work? COMMISSIONER ROMAN: Thank you. CHAIRMAN STRAIN: Okay. So with that, let's talk about a time frame in which we can continue the discussion of these architectural standards. Jeremy,we need a little bit of work from you on the Dover-Kohl. I took a look at that. There aren't a lot of pages that are architectural in nature,but there are some. There's a half a dozen in the middle of the document. I think it starts at Page 100 or something like that. I think it's important you review that against these as well so you could offer that. I know Brad and your committee--I don't know who's in charge of the committee,so I'll just--I know Brad easiest. Rocco,okay. If you've not seen a copy of that Dover-Kohl study,we have it at the county. It's 176 megabytes,so it can't be emailed too easily. But I--next--if I can catch up with you guys, I'll make sure that you get a copy of it on a flash drive or something, so--and then you can see yourself where my concern was and see if it's valid or not. So from that perspective,Jeremy,what would be a time frame that staff could compare that item and we could continue this meeting to? And I would like some time for myself to get together with the architectural committee,however that has to be arranged so that--I have questions on every single page. I don't mean to waste you-all's time with all of my questions when a lot of them I could--they're technical in nature in the sense that I could get a clarification from them and then come back and better understand how to proceed. So I would like some time to get together with them to minimize my time of yours. COMMISSIONER ROMAN: And I was wondering if their contact information would be made available to the individual commissioners. Like, if I had a question and I couldn't go to Jeremy,I don't know the members of the committee as well as you do. CHAIRMAN STRAIN: Well,could--Ray,could you make sure we're emailed all their--it's public record. They're on a public committee,on an advisory board. So,yeah,please email all of us all the contact information. One thing you can't do is be a conduit between members. COMMISSIONER ROMAN: I understand. CHAIRMAN STRAIN: So it's not,well,he said this. Can you verify it? Yes, sir,Mr.Assaad. COMMISSIONER ASSAAD: A couple things. The gentlemen are here from the committee,and they took the time out of their practice to be here. Is there something that you want to add today? And,of Page 23 of 25 December 17,2015 course,we're very sorry for the inconvenience.But if there's something you want to tell us today before you go that will be helpful to us in reviewing the documents. MR. SCHIFFER: Just one thing,Mark. I think your suggestion is sitting down with us,because situations like "abutting"and"adjacent"will be much more fun to work out one on one with you,I think,so... CHAIRMAN STRAIN: No. I think--I'm definitely going to do that. I think,if you give--if we could continue this to the first meeting in February,that will give us ample time after the holidays to kind of touch base and figure out how we can approach this either as individually or with a group and finish it up. MR. SCHIFFER: That's the best. COMMISSIONER ASSAAD: Good idea. CHAIRMAN STRAIN: Okay. Well,good. With that in mind--what's the date of the first meeting in February,Ray? MR.BELLOWS: The first meeting in February would be the 4th. CHAIRMAN STRAIN: Okay. Andy,would you like to make a motion to continue this to the 4th? COMMISSIONER SOLIS: I'll make a motion to continue this hearing to February 4th. COMMISSIONER ROMAN: I'll second. CHAIRMAN STRAIN: Okay. Is there a second? COMMISSIONER ROMAN: I'll second. CHAIRMAN STRAIN: Seconded by Charlette. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries unanimously. Thank you. And I do appreciate the committee and everyone from showing up today. I think we're probably on a better,more productive tact to get this accomplished, so... And two years of work,my God. Thank you.That's a lot of work. With that,are there any members of the public here today that wish to speak on any item? (No response.) CHAIRMAN STRAIN: Nope. Old business,I don't think we have any. New business? (No response.) CHAIRMAN STRAIN: None. COMMISSIONER EBERT: I make a motion to adjourn. CHAIRMAN STRAIN: Motion made to adjourn by Diane. Seconded by? COMMISSIONER CHRZANOWSKI: Second. CHAIRMAN STRAIN: By Stan. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. Page 24 of 25 December 17,2015 COMMISSIONER ROMAN: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Thank you. There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 10:24 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN,CHAIRMAN ATTEST DWIGHT E.BROCK,CLERK These minutes approved by the Board on ,as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE,INC., BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 25 of 25 This page intentionally left blank COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENT j I)�,, 4 el WIPE 1 1btrmt El MANS Cillet OUS L. i is twort.") 17 . ST PETS �rAT PROJECT 4,11001 ik LOCATION '' Y (4-11 ill M.' — Rai rtGB iE iu4�ur K :41 ICA.XA: LELY PALMS IELY N. 9 \ C 20 Dm* 21 say '-, 5 a MV f`px �.� �, ./ UGLY, Al iw13ti11T 020110airr 2015 GMP SMALL SCALE AMENDMENT (ADOPTION HEARING) Project/Petition#PL20150002354/CPSS-2015-2/Companion Project#PUDA-PL20150002326 CCPC: February 18, 2016 BCC: April 26, 2016 Clerk's Office TABLE OF CONTENTS CCPC— 2015 GMP SMALL SCALE AMENDMENT ADOPTION PL20150002354/CPSS-2015-2 (COMPANION PUDA-PL20150002326) 1) TAB: Adoption Staff Report DOCUMENTS: CCPC Staff Report: PL20150002354/CPSS-2015-2, 2) TAB: Adoption Ordinance DOCUMENTS: Adoption Ordinance with Exhibit "A" text (and/or maps): PL20150002354/CPSS-2015-2; 3) TAB: Legal Advertisement DOCUMENT: CCPC Adoption Advertisement PL20150002354/CPSS-2015-2 (& Companion PUD-APL20150002326) 4) TAB: Application Project/Petition DOCUMENT: Project PL20150002354/ Petition CPSS-2015-2 r flr1.; flnr 1 r\ L,21L:r3 L L\_�L Corffr Co�tr�t STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: February 18, 2016 RE: PETITION CPSS-2015-2/PL20150002354, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to PDI- PL20150002326) [ADOPTION HEARING] ELEMENT: FUTURE LAND USE ELEMENT AGENT/APPLICANT/OWNER(S): Agents: Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant/Owner: David Nassif Nassif Golf Ventures, LLC 225 Banyan Boulevard, Suite 240 Naples, FL 34102 GEOGRAPHIC LOCATION: The subject property, comprising ±7.90 acres, is located on the south side of Rattlesnake Hammock Road, at the intersection of Hibiscus Drive, in Section 19, Township 50 South, Range 26 East, located within the East Naples Planning Community. Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 1 of 7 0 • It, .. :9 99, ;19 , 'Y` ice • 4 11 T s ! ',--- _ T - _ r Rv* RATT=4A.4=-1A17L10:{R7 ✓ 11'.'il 117 1411 ..-? 4 K r f' , t 1 g ff y 4� U - ' 0- "I 1.14(, $#1 .16. 'gti . - ,, 4, r ,- 7 '1 iGI z, .. "'fir±. • - -.-...f a• Ca. Curs n.c^mARRrax 43c .,— ;_., #1 1 31ft REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE), specifically the recently created Hibiscus Residential Infill Subdistrict (adopted April 14, 2015), to revise the text from a maximum of 3 stories to 4 stories. The proposed amended Subdistrict text is as follows: (Single underline text is added and is in the Ordinance Exhibit A). I. URBAN DESIGNATION A. Urban Mixed Use District 17. Hibiscus Residential Infill Subdistrict [Page 46] The Hibiscus Residential Infill Subdistrict is located on the south side of Rattlesnake Hammock Road, at the intersection of Hibiscus Drive; consists of approximately 7.9 acres; and, comprises Lots 1 and 2, and Tract "R" of the Hibiscus Golf Course Subdivision. The purpose of this Subdistrict is to allow development of up to 64 residential units on this infill property. Buildings Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 2 of 7 shall be limited in height to a maximum of twee four stories and the rezoning is encouraged to be in the form of a Planned Unit Development. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting to increase the maximum allowable height to four stories to help accommodate up to the previously approved maximum of 64 dwelling units(Ordinance No. 2015- 26) at a density of 8.10 DU/A. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Property: The subject 7.90+ acres are encumbered by a drainage easement(containing a canal) along the southern boundary, bisected by Hibiscus Drive, and otherwise undeveloped; zoned Hibiscus RPUD; and designated Urban — Mixed Use District, Hibiscus Residential Infill Subdistrict, with approximately 3.58 acres of the site located within the Coastal High Hazard Area. Surrounding Land Uses: North: Across Rattlesnake Hammock Road, Charlemagne Plaza (retail center), zoned C-3, General Commercial District, and designated Urban — Mixed Use District, Urban Residential Subdistrict; and mobile home units, zoned MH and designated Urban — Mixed Use District, Urban Residential Subdistrict. South: Residential single-family units, zoned RSF-3, residential single-family (3 units/acre), and designated Urban — Mixed Use District, Urban Residential Subdistrict and is within the Coastal High Hazard Area; Golf Course and Club House, zoned GC, Golf Course (same ownership as subject site), and designated Urban—Mixed Use District, Urban Residential Subdistrict and the Coastal High Hazard Area; residential multi- family units, zoned RMF-16, residential multi-family (16 units/acre), and designated Urban — Mixed Use District, Urban Residential Subdistrict and the Coastal High Hazard Area; and residential single-family units, zoned RSF-4, residential single- family (4 units/acre), and designated Urban — Mixed Use District, Urban Residential Subdistrict and is within the Coastal High Hazard Area. West: Across Doral Circle, residential single-family units; zoned RSF-3, residential single- family (3 units/acre); and, designated Urban — Mixed Use District, Urban Residential Subdistrict and is within the Coastal High Hazard Area. East: Residential multi-family units; zoned RMF-16, residential multi-family (16 units/acre); and, designated Urban—Mixed Use District, Residential Subdistrict, with a portion of the site located within the Coastal High Hazard Area. STAFF ANALYSIS: Background and Considerations: The Hibiscus Residential Infill Subdistrict was established in April 2015. The original request was for 84 dwelling units (10.63 DU/A), but the Subdistrict was approved for a maximum of 64 Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 3 of 7 DUs (8.10 DU/A). Given that the subject request is only to modify the building height limitation, there is no need for the typical, detailed staff analysis. Compatibility: The Hibiscus Residential Infill Subdistrict is situated among many single-family and multi-family developments: Vista Rio Condos, Buckeye Palms Condos, Country Club Manor, Naples Green Condos, Lely Golf Estates, Regency Woods Condos, the Fountains Condos and Riviera Colony. The subject site adjoins the Hibiscus Golf and Country Club. To the west, across Doral Circle, are one-story single-family structures, zoned RSF-3. To the east is a three-story multi-family development (Country Club Manor Condominiums), zoned RMF-16. To the south, across the drainage easement, is a golf course, club house and associated parking area; single-family development, zoned RSF-3 and RSF-4; and, further south is three-story and five-story multi-family development, zoned RMF-16 (Naples Green Condominiums). To the north, across Rattlesnake Hammock Road, is a recreational area for the adjacent mobile home development (Riviera Colony), and a one-story commercial retail plaza, zoned C-3 (Charlemagne Plaza). The proposed amendment provides for a maximum building height of 4 stories; for all surrounding lands, the Future Land Use designation is silent to height limits. Though the proposed amendment allows higher profile structures than are allowed on certain surrounding properties, Comprehensive Planning staff defers to Zoning staff for compatibility analysis as part of the rezoning (PUD amendment) process when the entire project is evaluated (building heights, setbacks, buffering, building mass, building orientation, etc.). Justifications for Proposed Amendment: The applicant's justification for the requested amendment to revise the number of stories from three to four is to facilitate a product design change to allow for the development of the approved maximum number of dwelling units (64). The requested amendment does not include any changes to the approved density or use of the Subdistrict. Identification and Analysis of the Pertinent Small Scale GMPA Criteria in Florida Statutes Chapter 163.3187: Process for adoption of small scale comprehensive plan amendment. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises±7.90 acres.] (b)The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [No small scale GMP amendments have been approved in calendar year 2016.] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 4 of 7 However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment are permissible under this section. [This amendment is only for a text-based change to the Growth Management Plan(Future Land Use Element). However, this text amendment is to the Hibiscus Residential Infill Subdistrict, itself created via a small-scale amendment(map and text amendments, petition PL20140000193/CPSS -2014-1)that was adopted April 14, 2015. This petition qualifies fora small-scale amendment based on how similar petitions for subsequent amendments have been previously processed.] (d)The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (2) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if the amendment is approved.] Environmental Impacts and Historical and Archaeological Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report with the original petition that established this Subdistrict— no further review is needed for this petition. Public Facilities Impacts: Review for impacts upon all public facilities occurred with the original petition that established this Subdistrict. No further review is needed for this petition. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by Land Development Code (LDC) Section 10.03.05 A was [duly advertised, noticed, and] held on December 9, 2015, 5:30 p.m. at Collier County East Naples Library located at 8787 Tamiami Trail East, Naples, FL 34113. This NIM was advertised, noticed, and held jointly for this small scale GMP amendment and the companion Insubstantial change to the Planned Unit Development (PDI) petition. The applicant team gave a presentation and then responded to questions. A total of eleven members of the public signed in at the NIM. The public asked many questions about the project details. No one voiced opposition to the amendment once they understood that there was no increase to the density or intensity of use and the number of units would remain the approved 64 dwelling units. One attendee did state that 4-stories seemed out of place. The transcript of the Hibiscus RPUDA and GMPA NIM, prepared by the applicant team, follows this Staff Report. The meeting was ended at approximately 5:51 p.m. [synopsis prepared by Sue Faulkner, Principal Planner, Comprehensive Planning Section] Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 5 of 7 FINDING AND CONCLUSIONS: • There are no adverse environmental impacts as a result of this petition. • No historic or archaeological sites are affected by this amendment. • The proposed amendment is generally compatible with surrounding land uses and intensities. (Detailed compatibility determination is deferred to Zoning Services staff as part of the rezoning or PUD amendment process.) • Mitigation has been provided (in the Hibiscus RPUD)to reduce the impacts resulting from the project's proximity to, and location within, the Category 1 hurricane vulnerability zone. No changes to the mitigation are being proposed in conjunction with this petition nor warranted. • There are no infrastructure related concerns as a result of this petition. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney's Office on January 19, 2016.The criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and 163.3177(6)(a)2, Florida Statutes. [HFAC] STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20150002354/CPSS-2015-2 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 6 of 7 r t PREPARED BY: ttulA DATE: - 2 /6 SUE FAULKNER, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION REVIEWED BY: DATE: DAVID WEEKS, AICP, GROWTH MANAGEMENT MANAGER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION DATE: (-2 2- I t,, MICHAEL BOSI,AICP, DIRECTOR ZONING DIVISION APPROVED BY: DATE / .� v2Lt ` I LP JAS'ENCH, DEPUTY DEPARTMENT HEAD H MANAGEMENT DEPARTMENT 1-Z % 6 DATE: DAVID S. WILKISON, P.E., DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PETITION NUMBER: PL20150002354/CPSS-2015-2 STAFF REPORT FOR FEBRUARY 18, 2016 CPCC MEETING NOTE: THIS PETITION HAS BEEN SCHEDULED FOR THE APRIL 26, 2016 BCC MEETING. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Zoning Division•2800 North Horseshoe Drive•Naples, FL 34104•239-252-2400 Page 7 of 7 ORDINANCE NO. 2016- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT BY REVISING THE HIBISCUS RESIDENTIAL INFILL SUBDISTRICT TO INCREASE THE HEIGHT TO A MAXIMUM OF FOUR STORIES. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RATTLESNAKE HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 7.9 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20150002354/CPSS-2015-21 WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS,Nassif Golf Ventures LLC requested an amendment to the Future Land Use Element to revise the Hibiscus Residential Infill District;and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on February 18, 2016 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the [15-CMP-00957/1232979/1]27 1 of 3 PL20150002354/CPSS-2015-2 1 Hibiscus Small Scale GMPA—1/12/16 Words underlined are added,words stFuslchrough have been deleted. amendment to the Future Land Use Element of the Growth Management Plan on April 26, 2016; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit"A"and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [15-CMP-00957/1232979/1]27 2 of 3 PL20150002354/CPSS-2015-2 1 Hibiscus Small Scale GMPA—1/12/16 Words underlined are added,words struslceugh have been deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Donna Fiala, Chairwoman Approved as to form and legality: Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment [15-CMP-00957/1232979/1]27 3 of 3 PL20150002354/CPSS-2015-2 1 Hibiscus Small Scale GMPA— 1/12/16 Words underlined are added,words struck through have been deleted. P L20150002354/C PSS-2015-2 EXHIBIT A FUTURE LAND USE ELEMENT I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Urban Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** 17. Hibiscus Residential Infill Subdistrict [Page 46] The Hibiscus Residential Infill Subdistrict is located on the south side of Rattlesnake Hammock Road, at the intersection of Hibiscus Drive; consists of approximately 7.9 acres; and, comprises Lots 1 and 2, and Tract "R° of the Hibiscus Golf Course Subdivision. The purpose of this Subdistrict is to allow development of up to 64 residential units on this infill property. Buildings shall be limited in height to a maximum of three four stories and the rezoning is encouraged to be in the form of a Planned Unit Development. t Words underlined are added; words atmsk-through are deleted. Row of asterisks(*** *** ***)denotes break in text. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE(S) Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, February 18, 2016, commencing at 9:00 A.M. in the Board of County Commissioners Chamber, Third Floor, County Government Center, 3299 Tamiami Trail East, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT BY REVISING THE HIBISCUS RESIDENTIAL INFILL SUBDISTRICT TO INCREASE THE HEIGHT TO A MAXIMUM OF FOUR STORIES. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RATTLESNAKE HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 7.9 ACRES; AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20150002354/CPSS-2015-2] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2015-25, THE HIBISCUS RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO INCREASE THE MULTI-FAMILY ZONED HEIGHT FROM 45 TO 50 FEET AND THE ACTUAL HEIGHT FROM 50 TO 55 FEET;AND TO INCREASE THE NUMBER OF RESIDENTIAL UNITS ALLOWED PER BUILDING FROM 12 UNITS TO 16 UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RATTLESNAKE- HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 7.9+/-ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20150002326] YOUTH SHADOW- ROY HAVEN WATERFORD WOOD VERDE m ESTATES ROYAL WOODS > &C ' RIVIERA F 19 F- COLONY 17 G CLUB v GOLF 1 0 16 ST. PETER'S ESTATES PROJECT CATHOLIC CHURCH _ SO LOCATION MA DALAY NG RATTLESNAKE HAMMOCK RO I (C.R.864) LELY T-vy LELY PALMS 4 COUNTRY CLUB 19 20 (DRI) 21 LELY rL •UARE SABAL BAY ',\% LELY,A RESORT COMMUNITY (DRI) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE(S) will be made available for inspection at the GMD Zoning Division, Comprehensive Planning Section,2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center,3299 Tamiami Trail East, Suite 401, Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, February 18, 2016,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P. Strain, Chairman Collier County Planning Commission No.898289 January 29.2016 Hibiscus Residential Infill Subdistrict PL20150002354/CPSS-2015-2 February 18, 2016 CCPC Backup Material la GradyMinor GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 9, 2015 Mr. David Weeks,AICP,Growth Management Manager Collier County Government,Growth Management Department Zoning Division,Comprehensive Planning Section 2800 North Horseshoe Drive, Naples, FL 34104 RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD Dear Mr.Weeks: Attached, please find copies of a small-scale Collier County Growth Management Plan Amendment application for properties located on the south side of Rattlesnake Hammock Road. The amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed from three to four. The change is necessary to facilitate a product design that is different than previously desired when the project was to include a greater density. A companion application for Public Hearing for a PUD Insubstantial Change is being submitted simultaneously with the Small Scale Growth Management Plan Amendment. The PUD Insubstantial change proposes to amend Ordinance 2015-25 by revising Exhibit B, Development standards,to increase the building height for multi-family from zoned 45 feet and actual 50 feet to zoned 50 feet and actual 55 feet and to revise Exhibit F, List of Development Commitments, Item1.a to increase the number of units allowed per building from 12 to 16. Small Scale Growth Management Plan amendment is being submitted simultaneously with the Insubstantial Change to a PUD application to amend the number of stories allowed from three to four. The text change to reflect the four story height is the only modification to the Hibiscus Residential lnfill Subdistrict. Please feel free to contact me should you have any questions. Sincerely, D.Wayne Arnold,AICP c: Via Email David Nassif Al Moscato Richard D.Yovanovich, Esq. GradyMinor File Q. Grady Minor&Associates,P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com COPY HIBISCUS RESIDENTIAL INFILL SUBDISTRICT APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SECTION 20 TOWNSHIP 50 SOUTH RANGE 26 EAST PREPARED FOR: Nassif Golf Ventures LLC 225 Banyan Blvd, Suite 240 Naples, FL 34102 BY: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 October 2015 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATOIN NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT This application,with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252-2400 (Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant David Nassif Company Nassif Golf Ventures, LLC Address 225 Banyan Boulevard, Suite 240 City Naples State Florida Zip Code 34102 Phone Number 239.234.5941 Fax Number B. Name of Agent* D.Wayne Arnold, AICP • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Q. Grady Minor and Associate, P.A. Address 3800 Via Del Rey City Naples State Florida Zip Code 34134 Phone Number 239-947-1144 Email warnold @gradyminor.com Company Richard D. Yovanovich, ES CI, Coleman, Yovanovich and Koester, P.A. Address 4001 Tamiami Trail North, Suite 300 City Naples State FL Zip Code 34103 Phone Number 239.435.3535 Email ryovanovich @cyklawfirm.com C. Name of Owner (s) of Record Nassif Golf Ventures, LLC Address 225 Banyan Boulevard, Suite 240 City Naples State Florida Zip Code 34102 Phone Number 239.235.5941 Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Please see Exhibit I.D. 1 II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL,Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock David W. Nassif 100% 225 Banyan Boulevard,Suite 240 Naples, Florida 34102 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership 2 Date of Contract: F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address G. Date subject property acquired (June 2010) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION LOT 1, LOT 2, AND TRACT"R", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 &4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA B. GENERAL LOCATION Subject property is located on the south side of Rattlesnake Hammock Road, at the intersection of Hibiscus Road C. PLANNING COMMUNITY East Naples D. TAZ 302 E. SIZE IN ACRES 7.9± F. ZONING Hibiscus RPUD G. SURROUNDING LAND USE PATTERN Urban Designation Mixed Use Subdistrict, Urban Residential Subdistrict H. FUTURE LAND USE MAP DESIGNATION(S) Urban Designation Mixed Use Subdistrict, Hibiscus Residential Infill Subdistrict IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element X Future Land Use Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE (S) 46 OF THE Future Land Use ELEMENT AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: 3 17. Hibiscus Residential Infill Subdistrict The Hibiscus Residential Infill Subdistrict is located on the south side of Rattlesnake Hammock Road, at the intersection of Hibiscus drive; consists of approximately 7.9 acres; and, comprises Lots 1 and 2, and Tract "R" of the Hibiscus Golf Course Subdivision. The purpose of this Subdistrict is to allow development of up to 64 residential units on this infill property. Buildings shall be limited in height to a maximum of 4h-Fee--four stories and the rezoning is encouraged to be in the form of a Planned Unit Development. C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM N/A TO N/A D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) N/A E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A V. REQUIRED INFORMATION: NOTE:ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1"=400'. At least one copy reduced to 8- 1/2 x 1 1 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A. Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit V.B. Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL N/A Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BECONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE:THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. N/A Provide a summary table of Federal (US Fish &Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animalspecies known to occur on the site and/or known to inhabit biologicalcommunities similar to the site (e.g. panther or black bear range, avianrookery, bird migratory route, etc.),Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2(Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-1 1.006(1)(a)(5), F.A.C.). IF so, identify area 4 located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-1 1.006(1)(a)7.a, F.A.C.) Y/N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-1 1.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5%of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. N Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1 1.007, F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: N/A Potable Water N/A Sanitary Sewer N/A Arterial & Collector Roads; Name specific road and LOS N/A Drainage N/A Solid Waste N/A Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. N/A Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e.water,sewer, fire protection, police protection, schools and emergency medical services. 3. N/A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Zone AH &AE Flood zone based on Flood Insurance Rate Map data (FIRM). N/A Location of wellfields and cones of influence, if applicable. (Identified on 5 Collier County Zoning Maps) N/A Traffic Congestion Boundary, if applicable N/A Coastal Management Boundary, if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) X $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) X Proof of ownership (copy of deed) X Notarized Letter of Authorization if Agent is not the Owner (See attached form) X Original and 5 complete,signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400' or at a scale as determined during the pre-application meeting. 6 DOPY .. ...........,.. EXHIBIT 11D . „ „ PROFESSIONAL CONSULTANTS Hibiscus Infill Subdistrict Exhibit I.D. Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 239.947.0375 fax warnold @gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 fax ryovanovich @cyklawfirm.com D. Wayne Arnold, AICP Principal, Director of Planning Ghadyl\linor Education Mr. Arnold is a Principal and co-owner of the firm and serves as the • Master of Urban Planning, Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. University of Kansas, Arnold is responsible for and oversees services related to plan amendments, Lawrence property rezonings, expert witness testimony, ROW Acquisition, public • Bachelor of Science,Urban participation facilitation, and project management. Mr. Arnold previously and Regional served as the Planning Services Director at Collier County, where he oversaw Planning/Geography, the County's zoning, comprehensive planning, engineering, platting and Missouri State University Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has Professional Registrations/ prior Florida planning experience with Palm Beach County Government and Affiliations the South Florida Water Management District. • American Institute of Mr. Arnold has been accepted as an expert in land planning matters in local and Certified Planners(AICP) • American Planning state proceedings. Association(APA) • Urban Land Institute, S.W. Florida Chapter,Board of Relevant Projects Directors 1996 • Collier County Rural Fringe • Collier County Growth Management Plan Committee,Chairman, 1999 • Marco Island Master Plan • Collier County Streetscape • Immokalee Area Master Plan Ad hoc Committee, 1999 • Collier County Land Development Code • Leadership Collier,Class of 2000 • Logan Boulevard Right-of-Way Acquisition Planning Analysis • Bonita Springs Chamber of • U.S. 41 Right-of-Way Expansion Planning Analysis Commerce Government • Copeland Zoning Overlay Affairs Committee • Collier County Government Center Development of Regional Impact(DRI) • Collier Building Industry • Winding Cypress DRI Association,Board of • Pine Ridge/Goodlette Road Commercial Infill District Directors • Lely Lakes PUD Rezoning • Collier County Jr.Deputy • Henderson Creek Planned Development/Growth Management Plan League,Inc.,Board of Directors Amendment • Orangetree (Settlement Area) Growth Management Plan Amendment • Mercato Mixed Use Planned Development • North Point DRI/MPD _ • Vornado RPUD • Orange Blossom Ranch MPD • Palermo Cove RPD Q. Grady Minor&Associates, P.A. Civil Engineers•Surveyors •Land Planners•Landscape Architects Richard D. Yovanovich Rich Yovanovich is one of the firm's shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994,Mr.Yovanovich has represented property owners through the entitlement process before local and state agencies. His representation includes project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member,Furman University Trustees Council,2007- Chairman,Leadership Collier Foundation Alumni Assoc. Member,Board of Directors,Holocaust Museum 2007— Member,Leadership Collier,Class of 2000 Member,Board of Directors,CBIA(Director 2004-2008, Vice President 2006-2007) Member,Board of Director,Immokalee Friendship House Member,Board of Director,Avow Hospice 2011- Member,Florida Trend Legal Elite Elder,Vanderbilt Presbyterian Church Bar &Court Admission Florida, 1988 U.S District Court,Middle District of Florida U.S.Court of Appeals,Eleventh Circuit Education University of South Carolina J.D., 1987 J.Ed., 1986 Furman University B.A.,cum laude, 1983 COPY EXHIBIT V.A. :2 LAND USE ^'VA 11711-17A VCf1.1N\5 1IMV1!1\Nfldtl`11")1 91H VGfl4H\ONINNVld- ftyd\HNINNVId\.`) 'St.' d A r ± ° rl O 8 6 6 w i,.'r a..i$ „c 8. ':' to_ e w ,z, _ ... ,.. +,. ., , , .... ... , . ' • .:- - . — ,____________ s .4.. F E.,y,• ° "r po1 r t ' Z,w• ea !:n 1 F.: 4 w UMWCO co w o w << tI) CV T. i Ys ff,2 . izui >r' og_ ,; N Q s a 0 O m i N D V �. -> µµ `` i ", i .. * , *} w A Tibeilitt. p O Z to �' H ii ���j Ltd it- i. _ s w O ,. ` w w �, w E00 1 1 F �' e..!.7' ars ... .. 5 IV 3 v¢z # � :.i' ' _ 5 w r ., $ . 'S'4, , - •. 1 ' 1471:14 ,./.11041,r'. — ,Z, ' 142i 1:,',''.Pt ,,,,-_,...,.„-.i"‘.! 0-- t'/ DORALCIRCLE ... LG, 0 yx� 1 ` . ... { if'i i F _ '4 �' g. + • yl ww S ,i_ , s 7,s t'a.• ,s ' o C= • .n, p W H4 f O i. e Y Fr s S a 121 7'6 =y l k. y y a U^ � „ l F A. "�` 'r 4� x LL 1* I t t } i c_ f * E U 4. a +.'... e. -i. ; m F p OU i a Ul 2 a Zip f m a. m g F t yi 1 jar `* Ai'. �' ' m 7 w S O o J J p k f y J x F a O a ° 1 7LL al z U z .14,, x° 7ulJ W 0 p O p e '''4V"' 0,-i,- `a•t .' a►'`'' -•S.FfE':tM ( ui x a°O O a 4-43 Q m O rk . �1"'- . ,� c�z It;> Zm r m } y i f �,Q (q a W O] U J ,J �' V :ee': }.s...� { = /\i,.. _ m m R'W 2 "'x O a O y J W 03 0 _ U A 2OKO UUZ ZLL0 U a F}- ZK W a j2 . J Z W re a W 2 LL O j LLD ;'j U' re W Z j W 1 x?O U) 1 2 O N? a OJ y 0 2x0 KtnU mu Le 0) O N LL 0 Q' x a a zz z W N N N U x? .. x z Z Z Xx X < t-zw F-z W F-Z W ~ZW NW W W -, O N D O N D <N D W N D COPY EXHIBIT V. B . FUTURE LAND USE DESIGNATION T 53 S I W ggd k il R r r i T 46 S T 47 S T 48 S I T 49 S I 9 T 50 S aa gg T 51 S -4_1.,,.... T 5R 2 S i e3 F E 8 Sg g R R g j , R „ S,R ,R R l l f. ' i t i tg g g g g , , E $F j 11 ' 3 � I ❑ i {+ y ,..... w ce Q < _ ❑D ❑o ❑ w II ce F- c _i t it ,/,it 111 111111 'o I ill' ° i II X53 t M � y: g ❑ moo goo o pE$ 1 p3.5 1 g N cn i.p i cc 1 CA 1 ” ill li : G1 €:1 t Ik11 _ z — v yEQ 3 3 u!gill iii y� p$yp $p g p Q W � [ S Sil6i3lf B aagaa �{Is ka�}}{{pp�p Zw Z CI 9 # 9 i rl 11 4 €€91•.'9 M ; :: : B3'a W CC En W w W ,. O U w i. w 7......� ° : U 9 ' o W Ei W s w O1 H 1` N Ir a I a r a ji_ a W ma < r-- @Y e, n w U li s v m CP .4,41: N ce > — op F Cl) ❑ N �� .rte 1 s: 4':r ❑ Z z s f — m J 0 R w° ❑ w l2 _ 't.y; 6p W r `11°x'18 w m 0 Z 7 v. ti, •H ' _ ❑ L \ -- ' - , , ..4 zu) , . _ 1 N wxp _ (...„,) .2 6.!„28 j. Wifi '1100,/ /' :Pe,ips--,... 11 4 _ , . ,.. it X � /`� 0 ya cn F— CA Li_ • r � .,_ CIA! °f Mex s m x an W—■11 W CO `,' 16.. 'frr;2tafidgv:t,., -„iintstegtalli"------6-" ""'""7-744*111 rQ�w 2 W f/) I S9bl I S L I 5841 I 5641 SOS 1 I S is i NW m�FaSZS 1 Si51 a W CC D to N D J co LT_ mz _— EXHIBIT A PETITION CPSS-20141 0101 HIBISCUS RESIDENTIAL INFILL SUBDISTRICT COLLIER COUNTY, FLORIDA �'� ,i� ....Ain E _ I { as 444tii#4111 - --- Loins „..., •,__.= ' M41.**4. ---- Mil 1 MN Tar, ri I, ', • .---, , ratim,40#4" 4 , r :IP -4114 i , _s_._ iwifou • al*. .4'a a ' ' Qom*, r q---- Mit ' itftit 10:1"*$ 1 . illtain __, ,,---,d , = s, 0% i Lam = a 1 ` : I '. � II ."l RATTLESNAKE HAMMOCK ROAD ) 4 „ c / ".•,mot•. , -.�,, -' ---_ \* , . \\.... \ Ito.. ....... 7.., z\v"- # . ETEy . '4 i ` N , ,I I (6-. SIM"P. of Alti 0 41P4pIrke4101 / 14 1 I \ 91 to • 110011' sik54, 4-te ' I 114,,43,.. 4 iii# ittgl 4 #41010 (i l $ t4 J 100 it lir fil ,�� . LEGEND ►111►►Si NFl ENTIAL ( SCALE 1 ! SUBDISTRICT PREPARED er: CBs/c w MAPPtNa SECTION COLLIER-COUNTY GROWIti MANAGEMENT DIVISION 0 500 FT. 1000 FT DALE T/2014 FLE CP-2013-70ADwG • 9 Page «2 of COPY EXHIBI•T .11_ .. .. .. .-- -------.---:-:- •• „:,:,,,,,:,..„.,a,,......,.". • • ,••;,„...,,"••••• SUPPLEMENTAL INFORMATION • :.•:•:. . 4. d L- 45 3419347 OR: 3585 PG: 1982 RBCORDBD in OFFICIAL WORDS of COLLIII COMRTY, FL 06/11/2004 at 02:3511 DWIGHT B. BIOCI, CLIRI COWS 3800000.00 This instrument prepared by: RBC PH 44.00 . Marjie C.Nealon,Esq. DOC-.10 26600,00 Bilzin Sumberg Baena Price&Axelrod LLP Retn: 200 South Biscayne Boulevard BILZIM SDMBIRG B? AL Suite 2500 200 S BISCATNB BLVD 12500 Miami,FL 33131 MIAMI FL 33131 5340 SPECIAL WARRANTY DEED THIS INDENTURE,made as of the 04' day of June,2004 between WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT, DATED AS OF NOVEMBER 11, 1998, BY AND AMONG CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.("DEPOSITOR")AND NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AMONG OTHERS (FOR DEPOSITOR'S COMMERCIAL MORTGAGE PASS- ,...-" . . . CERTIFICATES, SERIES 1998-FL2) ("Grantor"), whose address is do . , . - S : , 601 Washington Avenue, Suite 700, Miami Beach, Florida 33139, '• . . NASS I . I.1 VENTURES, L.L.C., a Florida limited liability company("G .tie ,whose address is 9 I I, leria Court, Suite 316,Naples, Florida 34109 and whose tax•:yer d i n , ,, ; is . � Grantor, for • • ,:,• frt,;: . . • . - - n and No/100 U.S. Dollars ($10.00), lawful money of a led States of ' ��?'.� . to • hand paid by Grantee, at or before the unsealing and deliv W. these presents, • _c - i• y hich is hereby acknowledged, has granted, bargained, sold, : remised, released, : ed and confirmed and by these presents does grant,bargain,sell, R . ise,rel . and confirm unto Grantee and its successors and assigns forever, the :: •• • .r -, lying and being in the County of Collier, State of Florida, and more . i . scribed on the attached Exhibit A (the P ( "Property"). • Subject however,to the following: (a) Real property taxes and assessments for the year 2004 and thereafter; (b) Zoning and other regulatory laws and ordinances affecting the Property; (c) Matters which would be disclosed by an accurate survey; (d) Any plat affecting the Property;and (e) Easements, rights of way, limitations, conditions, covenants, restrictions, and other matters of record. \72496'1881714 679476 v 1 4 6/2/04 1:43 PM 1 4 , OR: 3585 PG: 1983 TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of any persons claiming by,through or under Grantor,but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed,sealed and delivered in the in the presence of: WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK . . ' ,TA, NATIONAL ASSOCIATION, �, I"+ .F ; 4 OWN AS NORWEST BANK O MINNE ATIONAL ASSOCIATION, �) AS TRUST. 1 ER THAT CERTAIN ' a • IN . AN? ,RVICING AGREEMENT, 1 ' D • OF I 1:ER 11,1993,BY AND TA TZ T' 'UISSE FIRST BOSTON 11 lit CURITIES CORP. n , ;� r. C'� IT ) 1 NORWEST BANK \ t 'T• • TIONAL ASSOCIATION, �� AMON 4aly. (FOR DEPOS ITOR'S COMMER MORTGAGE PASS- 0,e, ', THROU TIFICATES, SERIES 1998- By: Lennar Partners, Inc., a Florida corporation, its attorney-in-fact Signs i .% _ ., 4.�d•.�_ By: - (SEAL) Print N: i 1 . _I:_ W.. a, . . Name: Steven D. Ferreira ( Title:Vice President Signa Print am ao%,C ` 1724961188171W 679476 v 1 6/2/04 1:43 PM -2- OR; 3585 PG: 1984 I STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this V day of June, 2004 by Steven D.Ferreira as Vice President of Lennar Partners,Inc.,a Florida corporation,as attorney- in-fact for WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT, DATED AS OF NOVEMBER 11, 1998, BY AND AMONG CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. ("DEPOSITOR") AND NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AMONG OTHERS (FOR DEPOSITOR'S COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 1998-FL2),on behalf of the trust. He E3-i personally known to me or 0 has produced a driver's license as identification. s COO- Notary Allk - C'_ Air My Commission Expires: CZ t" CAROL J.ABELIEIRA ` •tort Public-state of Florida cf ConnIOnEeasepla zot5 - Commission t D0150749 0 Bonded ByNotIonatNot,,. ,, . -111P CMC Tax Folio Numbers: 55150040004; 55150120005; 5945984; and 5515028000 554-o4toeo4 V/24%11881711679476 v 1 6/2/04 1:43 PM -3- OR: 3585 PG: 1985 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in Sections 19 and 20,Township 50 South,Range 26 East,Collier County, Florida,and more particularly described as follows: All of Tract "A" and Tract "AA" as shown on LELY GOLF ESTATES Tract Map, as recorded in Plat Book 8,page 20 of the Public Records of Collier County,Florida; and An area of land located at the Northwest tip of Tract "E" as shown as a lake exception on PINEHURST ESTATES Plat as recorded in Plat Book 12, Page 1 of the Public Records of Collier County,Florida,hereinafter designated as Tract"AB"; LESS AND EXCEPTING from the above I C • d the following described parcels: Less: An area of land previously ..+.� ,. ed as e - -.1 'x: ility of Lely Estates lying to the North of the FOREST HILLS • •N of the Lely Gol sta -s as recorded in Plat Book 10, Page 84 of the public recur• of r o' er o. . . • =•a, he -in. 'er designated as Tract "AC" and more particularly,descri' -d fo ow From a Point of Beginning .t th.,C . . ! . , I k '4,of said FOREST HILLS .SECTION as descnbed a•• e u, s • �� -,- 1 - .• 15. for 29.07 feet; thence run North 43 degrees 33'59" W. .r 128.61 feet; the',4', t N. 62 degrees 59'42" West for 51.57 feet;thence run North ,V,1 -- s 08'16" West �=4,� .5 L- , thence run North 43 degrees 33'59"West for 237.39 feet;the,&- . North 32 degrees 1' I& . est for 205.38 feet;thence run North 77 degrees 23'56" East for +O3‘•< --t-thence : M. 4. 0 degrees 44'51"East for 351.14 feet; thence run South 62 degrees ' ilski ., "" . . . feet; thence run South 45 degrees 11'28" West for 300.00 feet to the Point o ;-_is. 1; and Less: An area of land located at the Northwest corner of Tract "K" as recorded in LELY GOLF ESTATES, Plat Book 8, page 20 of the Public Records of Collier County, Florida, and hereinafter designated as Parcel II,and more particularly described as follows: Beginning at the Northwest corner of Tract"K" as described above, run North 39 degrees 0620" West along the Northeasterly right of way line of U.S. 41 and the Southwesterly line of Tract A for 266.50 feet; thence run North 50 degrees 53'40" East for 35.00 feet;thence South 78 degrees 00'02"East for 342.41 feet;thence run South 50 degrees 53'40" West for 250.00 feet to the Point of Beginning; and h IC OR: 3585 PG: 1986 Less: An area of land located at the Northwest corner of Tract "K" as previously described above,hereinafter designated as Parcel III and more particularly described as follows: Starting at the Northwest corner of Tract"K",as described,run North 50 degrees 53'40"East for 150.00 feet to the Point.of Beginning; thence run North 50 degrees 53'40" East along same line for 100.00 feet; thence run South 57 degrees 42'10" East for 362.41 feet; thence run North 71 degrees 13'07" West for 405.53 feet to the Point of Beginning; and Less: An area of land located on Forest Hills Boulevard, and hereinafter described as Parcel IV and more particularly described as follows: Begin at the Northernmost corner of Lot 18, Block 19 of LELY GOLF ESTATES, ST. ANDREWS EAST ADDITION, as recorded in Plat Book 10,page 98, of the Public Records of Collier County, Florida, and run South 33 degrees 27'04" West for 143.73 feet; thence North 11 degreesl4'57" West for 57.93 feet; thence ► : ' •el.ees 47'38" West for 73.75 feet; thence North 30 degrees 04'33"East for 58. y • .':mG '.6,i., . degrees 32'56" East for 103.28 feet to the Point of Beginning; 0-S) l'' and Less: That certain three foot stri,(4°..t• j : . , , o . : le to the rear(South)property line of Lot 37,Block 12,P., h r . s o . . . s e •fin Plat Book 12,Page 1, of the Public Records of Col r .' .,. _ �'+ 4/ECIR 2 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q.Grady Minor and Associates, PA. and Coleman,Yovanovich and Koester, P.A. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property id tif in thbAppKcotkon ~ 0 � ^Signed: " / ^ � u z / f- Date: / �^ / ' \- :^ t Q Name: David Nassif as Manaaing Member of Nassif Golf Ventures, LLC I hereby certify that I have the authority to make the foregoing application, and that the application is true,correct and completkio.ttife best of my knowledge. Sig atureot,Applicant David Nassif as Manaqinq Member of Nassif Golf Ventures, tic. Name-Typed or Printed STATE OF ( Florida ) COUNTY OF (Collier) »~. Sworn me this /- day of '20l5 by / \ )1l/ s\ Y `-'-- MY COMMISSION E P ^ •' A�mJ�Muu*~ Notory ub Notary Public'State ot Florid / mCmmm.WINS�m3«.o»18 CHOOSE ONE OF THE FOLLOWING *0*nm8N��FF1641Uo _ ' M�m �wASO. y- who is personally known to me who has produced as identification and did take an Oath did not take and Oath NO110E- BE AWARE THAT: Florida Statute Section 837.06- False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree,punishable as provided by a fine tmm maximum mf7.50lWW and/or maximum ofa sixty day jail term." COPY APPROVED ORDINANCE N0 . 2015-26 ORDINANCE NO. 2015-26 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE HIBISCUS RESIDENTIAL INFILL SUBDISTRICT TO ALLOW A MAXIMUM OF 64 RESIDENTIAL UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RATTLESNAKE HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 7.9 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000193 I CPSS-2014-1] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Nassif Golf Ventures LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Hibiscus Residential Infill District; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on February 19, 2015 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and []4-CMP-00933/116063811]64 1 of 3 P1,201400001931CPSS-2014-1 - Hibiscus Residential Infill Subdistrict Small Scale Adoption Amendment—rev.3111/15 Words underlined are added,words stfuelt-thfeugll have been deleted. 1;) WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on April 14, 2015; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TI TREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [14-CMP-00933/1160638/1}64 2 of 3 PL20140000193/CPSS-2014-1 -Hibiscus Residential Infihl Subdistrict Small Scale Adoption Amendment-rev.rev.3/11/15 Words underlined are added,words stniek-through have been deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this i V ti- day of Af,(- 1 ,2015. BOARD OF COUNTY COMMISSIONERS DW4g.;0614,- CLERK COLLIER COUNTY, FLORIDA fat BY: TIM NANCE. Chairman , 4 signature Our 1...., Appr ved as to form and legality: dt- i rito .... _ yo, , Heidi Asinon-Cicka, Managing Assistant County Attorney Attachment: Exhibit A-Proposed Text Amendment& Map Amendment This ordinance filed with the Secretary of Stote's Office the ..1.. "day of .,A4/1c4_, 1.015 and acknowledgement of that fili . received this ..2 ., day of itio - 01 Aor ;y 1 i i'.NIVAMItibffer-dolim, own*,la IP [14-C44P-00933/116063811]64 3 of 3 P120140000193/CPSS-2014-1 —Hibiscus Residential Infill Subdistrict Small Scale Adoption Amendment—rev.3/11/15 Words underlined are added,words - . - .• - have been deleted. CI) CPSS-2014-1 EXHIBIT A FUTURE LAND USE ELEMENT Policy t1: The Urban Future Land Use Designation shall include Future Land Use District and Subdistricts for: A. URBAN — MIXED USE DISTRICT *** *** *** *** *** *** *It* *** *** *** *** *** 17. Hibiscus Residential Infill Subdistrict I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Urban Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** 17. Hibiscus Residential Infill Subdistrict [Page 46] The Hibiscus Residential Infill Subdistrict is located on the south side of Rattlesnake Hammock Road, at the intersection of Hibiscus Drive; consists of approximately 7.9 acres; and, comprises Lots 1 and 2, and Tract "R" of the Hibiscus Golf Course Subdivision. The purpose of this Subdistrict is to allow development of up to 64 residential units on this infill property. Buildings shall be limited in height to a maximum of three stories and the rezoning is encouraged to be in the form of a Planned Unit Development. *** 4r** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES *** *** *** *** *** *** *** *** *** *** *** *** Hibiscus Residential Infill Subdistrict Words underlined are added;words str-uek4hrougti,are deleted. Row of asterisks(*** *4* ***)denotes break in text. Page ) of 3 EXHIBITA PETITION CPSS-2U14-1 + ' HIBISCUS RESIDENTIAL INFILL SUBDISTRICT 0p COLLIER COUNTY, FLORIDA ,,, t _,1 �� a s Vrik*41t** gN"sem 1 ', ". i ��T � \ 3 j Al.tigi liii IN ----v.„,_,,,. i iii, \<s_÷_t4ii rs, y,....--\ . ., iv.. 1 ),----1_,(,\,:i ! RATTLESNAKE HAMMOCK ROAD tI ` .3 \} t �1 1 i ♦ .. -...../ I \v( --;17-3 q , , \, ! ' 4fr. itto 14% I Tre im ii 110111 i ' - 44,V \ 4 1111 %Ili/1 -1)/ )......i 1111 #Akjp,,Ale 7,„__L-11....--L._---\ 104L, it. I fy\ilia- LEGEND k, SCALE HIBISCUS ENTIAI_ I 1 susa,sTRIC r PREPARED BY. GIS/CAD MAPPING SECTION COLLER'000MTT GROWTH MANAGEMENT DIVISION 500 FT, 1000 FT. DATE: 7/2014. FILE: CP-2013-10A.DING 9 Page .2` of 3 ,— T46S ( T <7S T #8S T488 ( T5D8 T51S T52 $ I T638 3 �� t` ' r F _ i x ; I ; 1 U} i _ 6 3 6' =s g f _xr § A z h ' r a_tt. , 4., d tl} s x s x x E x i-; R a ' R 311; .! / &CtRi I6( ., xk �f 41 t 1. E U x ;lig [ 01111111 x e" ( . :) 4 .T it 6 s' ::3z 3 f a a' 8 $! }+ 131 .1!i 5 1 °- , ; �_�,# T' .—_ r' tri 3 I uI s nIC i e W Y t j � Y ,g, ,,. i , &�y. Y ti-�$�S m z�z � � a 14 g 1 $ i t s .fig#-,$' I i ;_! € z ° i I #ge!it '11! g v4 ,21.:ril IP.: !I , ,....,_,.,,_.,,,,,,,..,, ,,.,,..,ri 1 i_—-'----"i i--,:ij if t 'a..f4-.%..,,,.' ,,; ,.•'•N s1 .� I �f?� g'a i! ala. ..v v- "' i, . __ oil , .. r µ < § } -------'• +• 'SE -. ( r JLE ...,......:,„,,,,i,,,,,,„,,,,,,„,,,„,,, ,,„,,4,..„„,,..,...,,,La,... ...„, ,:.,,,a 'a 9r 2 , i 4,:itIffigAtE, ,,-,,,ct:;''F ,... , , „, ., • , ".... y.,1 .,..:,..::::.,::.,f,.:,..:::,„0. , ,,, „,,,,,,.,:- , ,is.'.1..41., , A Sty g `, "' f �`' t'''1'‘;'''--1'',1,' �� � x r!i 4 iP f MAa.m q.' Jfc S 1` to , , gg pp ' fr . ' Y r a AS f � ,pa`ygf � d S �, Fro c. < 3 -, a, r..«. H w a 6 '" s.. '' r L}a. - rax Luc ca(It iw $ it L S it t S at I. S &t t $ 85 1 S t9 2 8 Z5 Z S r,..9.._i page4 „ � :tt •-..,.. �..,. .. ,:,.r.r.,,,:,. ,::a..�.Yr,...d;%z:: ;. „� °, ;,.,, c:.,' ,,, ?' ..a ..x. ., vz�s.,, +�>s" �a•e< .,+.« -n a»';,:,>r.�., v:�r,::' € ,¢.;r,s�•-'.n.�a .. .,,:a;.�,m.,�. ,fitc - FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 20,2015 Honorable Dwight E. Brock. Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention:Martha S. Vergara, BMR Senior Clerk .-� Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-26,which was filed in this office on April 17, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850)245-6270 • Facsimile: (850)488-9879 www.dos.state-fl.us NIM DOCUMENTS AFFIDAVIT OF COMPLIANCE Petitions PL20150002354/CPSS-2015-2,Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326, Hibiscus RPUD I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment; or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notifies/ The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list a copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance \ (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 23rd day of November, 2015 by Sharon Umpenhour, who is personally known to me or who has produced as identification. cy�aKY pub% JOANNE DANES * t, * MY COMMISSION#FT 090620 a y{°r- ,' :. um � EXPIRES:March 14,2018 Belted Thru Budget Notary Services ($ignatur of Notary Public)) r ' (Notary Seal) Printed Name of Notary GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects November 20, 2015 RE: Neighborhood Information Meeting Petitions PL20150002354/CPSS-2015-2, Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326, Hibiscus RPUD Dear Sir or Madam: Formal applications have been submitted to Collier County, seeking approval of a Small-Scale Growth Management Plan Amendment and a Residential Planned Unit Development (RPUD) amendment, by Nassif Golf Ventures, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, P.A., for the following described property: The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small-scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed for residential multi-family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed changes to the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday, December 9, 2015, 5:30 pm at the East Naples Library,8787 Tamiami Trail East, Naples, FL 34113. Q. Grady Minor&Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com If you are unable to attend this meeting and have questions or comments, or if you have questions prior to the meeting, they can be directed by e-mail, phone, fax or mail by December 9, 2015 to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician _ i flR[xKY ROAD ECR 74353 / `. , 0. AI j, 1. _ REGENCY hAVi.E.*. AaRc'o 3' t 4UTCHAVS 5L1B/AEf74000 g 7 RRE 4,471C3 th ' 3 2 „:airT I R24. worts i r PLA24 7477 e XATYtai �`,,,f $ � }q A4177TA s I§ A x.. a40043e c ".."--Er- E worst € yCR Lci7i BAA6ApN 1 srt+f I. [[ 777 1 b 3 f 444 1Ly� pArur :NUR _ w CS Sl,bob 04715 BOULEVARD ii001 W .DGE s MCigm NAMPVLQE S Y . 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Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman,Yovanovich and Koester, P.A., representing Nassif Golf Ventures, LLC on: Wednesday, December 9, 2015, 5:30 pm at the East Naples Library, 8787 Tamiami Trail East, Naples, FL 34113 The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. 1 1; ,y.�.� { ,wll .._,..� Ri # �a I ' i I . f yj L. yy " -7,', --1411111114_ OT .w... I — i Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small-scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed for residential multi-family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document, which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit El.a to increase the number of units allowed per building from 12 units to 16 units. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and/or owner/ developer. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by December 9, 2015 to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Email: sumpenhour @gradyminor.com Phone: 239.947.1144 Fax: 239.947.0375 No.802621 November 22,2015 1 1 2 TRANSCRIPT OF THE 3 HIBISCUS RPUDA AND GMPA 4 NEIGHBORHOOD INFORMATION MEETING 5 December 9, 2015 6 5:35 p.m. 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 RICHARD YOVANOVICH, ESQ. 13 AL MOSCATO 14 DAVID NASSIF 15 SUE FAULKNER 16 NANCY GUNDLACH 17 SHARON UMPENHOUR 18 19 20 21 22 23 24 25 2 1 MR. ARNOLD: Are we ready? 2 Okay. Good evening, folks. I'm Wayne Arnold, 3 and here representing the Hibiscus residential 4 planned development and the amendments that we're 5 making to that, the zoning and the comprehensive 6 plan. 7 Tonight, you have David Nassif and Al Moscato, 8 who are part of the ownership group of the Hibiscus 9 Country Club and this particular piece of property. 10 Rich Yovanovich is the attorney representing us. 11 This is Sharon Umpenhour with my firm. She's 12 taping the meeting as we're required to do by the 13 county. 14 I'll introduce the two county staff folks that 15 are here. We have Sue Faulkner in the darker red 16 outfit and Nancy Gundlach, who is the lighter red 17 outfit. Nancy works on the zoning application and 18 Sue is involved with our comprehensive plan 19 amendment. 20 I'm not sure how many of you were here when we 21 came through the process in the spring, but the 22 Hibiscus residential PUD and comp plan amendment 23 was approved by the Board of County Commissioners 24 and it authorized construction of up to 64 dwelling 25 units on what I call the old clubhouse tract. 3 1 And as part of that application process, we 2 created some comprehensive plan language that said 3 -- and we have three-story dwelling units. We're 4 proposing to change the word three to four so we 5 can have up to four-story dwelling units on the 6 property. 7 And then in the zoning document, we're 8 changing what was established as the zone height 9 and what we call an actual height of the buildings 10 by five feet each. One went from 45 feet to 50 11 feet, and the other is 55 -- 50 to 55 feet. 12 And we're also -- we put a restriction on 13 ourselves, limited ourselves to 12 units per 14 building. We'd like to revise that and allow up to 15 16 units per building. 16 What happened at the time, we originally had 17 applied for and asked for, was it 80 or 84 units, I 18 forget. 19 UNIDENTIFIED MALE VOICE: (Indiscernible) . 20 MR. ARNOLD: But through the staff review, the 21 Planning Commission review and ultimately the Board 22 of County Commissioners, they authorized only a 23 maximum of 64 units. And some of that was done on 24 the fly, and I don't think we really thought about 25 the impacts to the number of buildings on the site 4 1 and made the adjustments in the product type to 2 account for that lower number of units. 3 So you're all familiar with the site, but it 4 affects the area on the north side of the clubhouse 5 tract on the south side of Rattlesnake Hammock, 6 bisected by Hibiscus Drive. 7 For those of you who might have been 8 interested at the time, the Board restricted access 9 to Doral Drive to emergency access only. So any -- 10 maybe an emergency vehicle could use it if 11 necessary, but no general traffic through there. 12 And we heard a lot about traffic. That's one 13 of the reasons the reduction in units was supported 14 by the county staff and the County Commission, 15 ultimately, so we're not trying to (indiscernible) 16 anything with regard to the number of units, but 17 it's really to accommodate a little bit different 18 product and allow them to get the height they need 19 to do that. 20 This is kind of the concept they're working 21 from with the architect. It's going to result in 22 less buildings than we had under the three-story 23 plan. So we've got, in this scenario, four 24 dwelling units. 25 You can see we've made provisions for a small 5 1 clubhouse and pool, which is consistent with where 2 we originally had identified it on our concept 3 plan. 4 And still working with the architect to come 5 up with what that equates to, but the five feet was 6 necessitated by the way we measured the zoned and 7 actual height, and to look at a -- the four-story 8 product likely will have an elevator core which 9 pushes the need to go a little bit higher on 10 elements of the roof because those are included in 11 your actual height measurement. 12 So the changes we're proposing are, in our -- 13 in our position, minor with regard to the changes, 14 and I'm happy to open it up for any questions you 15 might have. I think I've covered the changes. 16 They're very simple changes to the -- a couple of 17 pages of the documents. 18 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 19 UNIDENTIFIED FEMALE VOICE: How many units are 20 there? 21 UNIDENTIFIED MALE VOICE: What is that there? 22 MR. ARNOLD: We have 64 units total and that's 23 our detention area. 24 UNIDENTIFIED MALE VOICE: So I'm going to have 25 a big pond behind me. 6 1 MR. ARNOLD: I don't know if it's going to be 2 a pond or not. It's very likely it may not be a 3 pond. It could be a dry detention system. 4 UNIDENTIFIED MALE VOICE: Okay. For what rain 5 (indiscernible) water? 6 MR. ARNOLD: Yeah. It takes parking lot and 7 storm water. It sits there until it percolates 8 into the ground. 9 UNIDENTIFIED FEMALE VOICE: For the -- there's 10 a big contingent from Country Club Manor. 11 Can you tell us where our units are in 12 relation to that site plan? 13 MR. ARNOLD: Okay. I apologize, but help me 14 with Country Club Manor. 15 UNIDENTIFIED FEMALE VOICE: That's all right. 16 UNIDENTIFIED FEMALE VOICE: Is the -- here, 17 this -- 18 UNIDENTIFIED FEMALE VOICE: To the right. 19 UNIDENTIFIED FEMALE VOICE: Right here. 20 MR. ARNOLD: Okay. Yeah. 21 UNIDENTIFIED FEMALE VOICE: Now, if you could 22 point that out on there, that will help us. 23 MR. ARNOLD: Sure. Okay. Well, you are 24 located to the right of us. Let me do it this way. 25 This is the one proposed building that we have 7 1 on the east side of the thing, so our building that 2 we're showing here would sit somewhere in this 3 vicinity. 4 UNIDENTIFIED FEMALE VOICE: Great. Okay. 5 UNIDENTIFIED FEMALE VOICE: So the bulk of the 6 buildings are going to be across the driveway? 7 MR. ARNOLD: Correct. 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED FEMALE VOICE: What is it going 10 to be, an adult community, apartments? 11 MR. ARNOLD: Well, market rate straight 12 condominium units. 13 UNIDENTIFIED FEMALE VOICE: Condominiums. 14 MR. ARNOLD: Yeah, we had that discussion, I 15 remember, at the last neighborhood information 16 meeting, whether or not it was going to be age 17 restricted or not, but it's not going to be a 55 18 and older restricted community. 19 It may turn out to be that's who the buyer 20 profile is, but it's not intended to be an 21 age-restricted community. 22 UNIDENTIFIED FEMALE VOICE: How large are the 23 apartments? How large? Two bedrooms, three? 24 UNIDENTIFIED FEMALE VOICE: Could you guys 25 come up here instead of behind us? 8 1 UNIDENTIFIED FEMALE VOICE: Yeah. 2 UNIDENTIFIED MALE VOICE: Sure. 3 UNIDENTIFIED FEMALE VOICE: Would you mind? 4 UNIDENTIFIED MALE VOICE: Well, you know, 5 we're still -- we're still in the process of 6 design, but what it looks like now, they will be 7 between 1,300 and 1, 600 square feet, two and 8 three-bedroom units. 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 UNIDENTIFIED MALE VOICE: Nice units. 11 UNIDENTIFIED MALE VOICE: I don't know how 12 firm you are on that number, but if we're not firm 13 on that number, I 'd rather not say that that's a 14 commitment to say that. 15 UNIDENTIFIED MALE VOICE: No. Like I said, 16 we're not -- we're still designing it, but that's 17 where we'd like to get to. 18 UNIDENTIFIED MALE VOICE: You are planning for 19 a pool and clubhouse? 20 UNIDENTIFIED MALE VOICE: Correct. 21 UNIDENTIFIED MALE VOICE: So we won't have to 22 lock up our pool, then? 23 UNIDENTIFIED MALE VOICE: I hope not. 24 UNIDENTIFIED MALE VOICE: It's on the other 25 side of the (indiscernible) . 9 1 UNIDENTIFIED MALE VOICE: These buildings 2 are -- 3 UNIDENTIFIED MALE VOICE: So the only thing -- 4 MR. ARNOLD: Hang on. One at a time, please. 5 UNIDENTIFIED FEMALE VOICE: One at a time. 6 MR. ARNOLD: We're recording the meeting. 7 UNIDENTIFIED MALE VOICE: The only building, 8 then, that is on the east side of the Hibiscus 9 Drive is that one building, then, to the right? 10 UNIDENTIFIED MALE VOICE: Correct. 11 UNIDENTIFIED MALE VOICE: Okay. And how is 12 that going to be facing? Is that facing 13 Rattlesnake Hammock? 14 UNIDENTIFIED MALE VOICE: It's actually the -- 15 the -- how do you call the front of the building? 16 The entry to the building will be on the 17 Rattlesnake Hammock side. The balcony from the 18 units will face the golf course. 19 UNIDENTIFIED FEMALE VOICE: The golf course, 20 which makes sense. 21 UNIDENTIFIED FEMALE VOICE: And is that 22 parking in front that I can see lightly? 23 UNIDENTIFIED MALE VOICE: Yes. 24 MR. ARNOLD: That's correct. This is all 25 parking and driveway. 10 1 UNIDENTIFIED FEMALE VOICE: And then that's 2 green space between the parking and the street? 3 MR. ARNOLD: Well, in their concept right now, 4 that's -- the architect is laying that out as their 5 dry detention system. 6 UNIDENTIFIED FEMALE VOICE: Okay. 7 MR. ARNOLD: We haven't engineered it, but I'm 8 not -- so I'm not sure -- 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 MR. ARNOLD: -- it's going to stay exactly 11 like that. 12 UNIDENTIFIED FEMALE VOICE: Okay. 13 MR. ARNOLD: But close. 14 Sir, in the back? You had a question. Sorry. 15 UNIDENTIFIED MALE VOICE: You're projecting -- 16 or you're requesting four-story buildings? 17 MR. ARNOLD: That's correct. 18 UNIDENTIFIED MALE VOICE: Correct. 19 UNIDENTIFIED MALE VOICE: There's not another 20 four-story development anywhere on the entire 21 Rattlesnake Hammock. How are -- is this going to 22 impact the property values all around here? 23 Because everything is one and two-story, and ours 24 is three, and that's the maximum. Four story seems 25 out of place. 11 1 MR. ARNOLD: Well, I think we went through 2 this at the last neighborhood meeting and at the 3 Planning Commission. I think your zoning actually 4 allows you to go higher than the three stories that 5 you were built, and I think part of that analysis 6 was that some of the other zoning to our west and 7 east allows higher -- higher units -- higher -- 8 taller units than had been constructed. 9 But I think, in reality, we're going back and 10 adding five feet to the height of this. We had 11 made provisions -- I mean, you're talking about, 12 you know, shoulder height to me of the additional 13 height we're asking. 14 UNIDENTIFIED MALE VOICE: Oh, oh. 15 UNIDENTIFIED MALE VOICE: Yeah. We're not 16 adding a story of height. 17 UNIDENTIFIED MALE VOICE: I misread the 18 letter. 19 MR. ARNOLD: Well, we're adding a story, 20 because the comprehensive plan language that got 21 adopted said that the maximum height should be 22 three stories. Our zoning document made provisions 23 for 45 feet and 50 feet, but when we're looking at 24 the four-story product, we're about five feet short 25 in being able to make that work. So that's why we 12 1 have to amend both the comp plan and the zoning 2 document. 3 But the reality is it's a five-feet difference 4 in height than what we had approved. 5 UNIDENTIFIED MALE VOICE: The total number of 6 units, is that -- 7 MR. ARNOLD: It stays at 64, which was 8 previously approved. 9 Yes, sir? 10 UNIDENTIFIED MALE VOICE: Are you placing any 11 kind of a barrier fencing, anything of that nature 12 on the east side of your property? 13 MR. ARNOLD: You mean against your property? 14 UNIDENTIFIED MALE VOICE: Yes. 15 MR. ARNOLD: I don't know. Have you thought 16 that far, if you're going to have a fence or wall 17 or anything? 18 UNIDENTIFIED MALE VOICE: No. 19 UNIDENTIFIED MALE VOICE: We haven't gotten 20 that far yet. 21 MR. ARNOLD: Okay. 22 UNIDENTIFIED FEMALE VOICE: What I thought was 23 in the original approval was that the -- the 24 vegetation that is there would stay there. 25 UNIDENTIFIED MALE VOICE: Uh-huh. 13 1 UNIDENTIFIED FEMALE VOICE: Yes, that's right. 2 MR. ARNOLD: Yeah, I think we said that 3 anything that wasn't exotic that we had to remove, 4 we would retain within our buffer. 5 UNIDENTIFIED FEMALE VOICE: Right. 6 UNIDENTIFIED MALE VOICE: What does it mean, 7 exotic? 8 MR. ARNOLD: Brazilian pepper, melaleuca. 9 There's a handful of other types of vegetation, but 10 those are the two most common that we typically 11 deal with in an urban setting. 12 UNIDENTIFIED MALE VOICE: Did you eliminate 13 them or something? 14 MR. ARNOLD: The county requires you to 15 eradicate them. 16 UNIDENTIFIED MALE VOICE: To get rid of -- 17 they're not -- 18 MR. ARNOLD: Yep. 19 UNIDENTIFIED MALE VOICE: They're not supposed 20 to be around, then? 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: The parking lot 25 facilities, will they be covered or open to the air 14 1 like a canopy? 2 MR. ARNOLD: Well, we made provisions for 3 there to be carports in the original approval. I 4 don't know if you've given any greater thought. 5 You don't have -- I don't see garages on those 6 drawings, so -- 7 UNIDENTIFIED MALE VOICE: No. Again, these 8 are concepts that we have, but we're looking at 9 that right now, some combination of possibly 10 carport or even enclosed garages along -- along 11 some of those parking spaces. 12 UNIDENTIFIED MALE VOICE: Is there going to be 13 any changes on Rattlesnake Hammock, you know, for 14 everybody making a left-hand turn into your place 15 like that, you know, there's only like seven, eight 16 cars there, but I mean, you're going to have 60 17 cars coming in there. Is it going to be backed up 18 all the way to Charlemagne or something like that? 19 MR. ARNOLD: No. There are existing turn 20 lanes that were analyzed as part of our original 21 zoning. And keep in mind, we thought everything 22 worked at the higher number of units. It was 23 reduced because the county was concerned about the 24 traffic impact. 25 So that was the reason that we had a 20-unit 15 1 reduction on our project. But there are turn lanes 2 that exist for -- 3 UNIDENTIFIED MALE VOICE: Yeah, I know there's 4 a turn lane there, but I just wondered, you know, 5 is it going -- 6 UNIDENTIFIED FEMALE VOICE: It's a short turn 7 lane. 8 UNIDENTIFIED FEMALE VOICE: It is. 9 UNIDENTIFIED MALE VOICE: -- to hold enough 10 cars, you know, because I have to turn on that one, 11 too -- 12 MR. ARNOLD: Yeah. 13 UNIDENTIFIED MALE VOICE: -- you know, when 14 I'm coming -- when I'm going this way. I've got to 15 make a U-turn to get into my place. 16 MR. ARNOLD: Right. 17 UNIDENTIFIED MALE VOICE: You know, I don't 18 want to pay no $150, $200 unless (indiscernible) . 19 MR. ARNOLD: The Sheriff' s Department really 20 (indiscernible) . 21 UNIDENTIFIED MALE VOICE: (Indiscernible) . 22 Okay. Well -- 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: Do you know, at this 25 stage, if you're going to be required to provide 16 1 any affordable housing? 2 MR. ARNOLD: We are not required to provide 3 affordable housing and we're not proposing it. 4 UNIDENTIFIED MALE VOICE: Okay. 5 UNIDENTIFIED FEMALE VOICE: How tall will the 6 unit ceilings be in this project? Will it be 7 eight, ten? 8 MR. ARNOLD: Nine. 9 UNIDENTIFIED FEMALE VOICE: Nine, okay. 10 MR. ARNOLD: Again, nothing is finalized yet. 11 UNIDENTIFIED FEMALE VOICE: I know. 12 MR. ARNOLD: But that's our plan, is to do 13 something in the nine-foot range. 14 Anything else from anybody? 15 UNIDENTIFIED MALE VOICE: No. Just keep us 16 informed, if you would, please. 17 MR. ARNOLD: Well, we don't have a hearing 18 schedule set definitely, do we, Nancy? This -- 19 MS. GUNDLACH: No, not yet. 20 MR. ARNOLD: This is proposed to go to the 21 Planning Commission and the Board of County 22 Commissioners primarily because of our 23 comprehensive plan change. If it was just the 24 zoning change, we might have been able to go a 25 different process, but I'm guessing, at this rate, 17 1 it certainly won't be any earlier than January, and 2 most likely February, given scheduling, Nancy. 3 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 4 UNIDENTIFIED MALE VOICE: Will everybody get 5 notified about that? 6 MR. ARNOLD: The county will send out notices. 7 If you received a notice of this meeting, you 8 should receive another notice. And then, of 9 course, the billboard signs will go up on our 10 property announcing those dates as well. 11 UNIDENTIFIED MALE VOICE: The meeting 12 (indiscernible) ? 13 MR. ARNOLD: Yeah, the big four by eight 14 signs. 15 UNIDENTIFIED MALE VOICE: Yeah. Don't put it 16 way in the back. Put it up in the front 17 (indiscernible) way in the back (indiscernible) . 18 UNIDENTIFIED FEMALE VOICE: Could you call Bob 19 and tell (indiscernible) where (indiscernible) . 20 MR. ARNOLD: Just give us your phone number. 21 We'll -- 22 UNIDENTIFIED MALE VOICE: I know about you 23 guys. 24 UNIDENTIFIED FEMALE VOICE: What are you 25 considering the average cost of these units? 18 1 MR. ARNOLD: I couldn't tell you. I don't 2 know. 3 UNIDENTIFIED FEMALE VOICE: Any ideas what 4 you're thinking? 5 UNIDENTIFIED MALE VOICE: You know, we're not 6 there yet. What we -- we'd like to try -- 7 UNIDENTIFIED FEMALE VOICE: You must have a 8 feel, though. 9 UNIDENTIFIED MALE VOICE: Yeah, you know, 10 we -- 11 UNIDENTIFIED FEMALE VOICE: Because 12 otherwise -- 13 UNIDENTIFIED MALE VOICE: Two million? 14 UNIDENTIFIED MALE VOICE: What's that? 15 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 16 UNIDENTIFIED FEMALE VOICE: Yeah, really. 17 UNIDENTIFIED MALE VOICE: You know, we'd like 18 to -- we'd like to come in, you know, just under 19 300, 000 -- 20 UNIDENTIFIED FEMALE VOICE: Wow. 21 UNIDENTIFIED MALE VOICE: -- is the goal, if 22 we can. 23 UNIDENTIFIED MALE VOICE: You own Hibiscus. 24 UNIDENTIFIED MALE VOICE: And then raise 25 prices as quickly as possible. That's our goal. 19 1 UNIDENTIFIED FEMALE VOICE: And not put enough 2 money in your reserve (indiscernible) when you sell 3 them. 4 UNIDENTIFIED MALE VOICE: (Indiscernible. ) 5 (Multiple simultaneous speakers. ) 6 UNIDENTIFIED MALE VOICE: No. 7 UNIDENTIFIED FEMALE VOICE: We know how it is. 8 UNIDENTIFIED FEMALE VOICE: Assume that you've 9 been approved -- 10 UNIDENTIFIED FEMALE VOICE: Been down this 11 road. 12 MR. ARNOLD: One at a time, please. 13 UNIDENTIFIED MALE VOICE: What? 14 UNIDENTIFIED FEMALE VOICE: Been down this 15 road. 16 UNIDENTIFIED MALE VOICE: No. These will be 17 nice units. We are here. We're not going 18 anywhere. 19 UNIDENTIFIED FEMALE VOICE: Low condo fees, 20 sure. 21 UNIDENTIFIED MALE VOICE: Well, they will be 22 what it is. 23 UNIDENTIFIED FEMALE VOICE: Small reserves. 24 MR. ARNOLD: Yes, ma'am? 25 UNIDENTIFIED FEMALE VOICE: Assuming that you 20 1 all are approved in March, then, is it the next 2 month that it would go to the Board of County 3 Commissioners? 4 MR. ARNOLD: Well, there's about a 30 to 45 -- 5 typically, 30 to 45-day delay between Planning 6 Commission and board. 7 UNIDENTIFIED FEMALE VOICE: Okay. Maybe May, 8 then. How soon after -- 9 MR. ARNOLD: Well, I'm hopeful we can go 10 February and March -- 11 UNIDENTIFIED MALE VOICE: Yeah, me, too. 12 MR. ARNOLD: -- in terms of the schedule. 13 February Planning Commission. When I say February 14 and March, it would be February Planning Commission 15 and then March BCC. I mean, it really isn't very 16 complicated. So there's not a lot of reanalysis of 17 the project. It was just approved, what, six 18 months ago, so. 19 UNIDENTIFIED FEMALE VOICE: How quickly would 20 you start after that, then? 21 UNIDENTIFIED MALE VOICE: Very quickly. 22 UNIDENTIFIED FEMALE VOICE: Like within 30 -- 23 you'd have to get permits -- 24 UNIDENTIFIED MALE VOICE: Right. 25 UNIDENTIFIED FEMALE VOICE: -- which is going 21 1 to be -- 2 UNIDENTIFIED MALE VOICE: You know, as soon 3 as -- what you'll see next at the site, you'll see 4 a sales trailer. 5 UNIDENTIFIED FEMALE VOICE: Okay. 6 UNIDENTIFIED MALE VOICE: You know, once we 7 get the appropriate permitting and whatnot -- 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED MALE VOICE: -- that will go out 10 there. And after that, we would start doing site 11 work on the property. And, again, we have to have 12 all of our approvals first before we can do that. 13 So I would think somewhere in the midsummer 14 time period. 15 UNIDENTIFIED FEMALE VOICE: It seems strange 16 that you don't have any floor plans or whatever 17 developed at this point if you're talking about 18 putting a sales trailer out there. 19 UNIDENTIFIED MALE VOICE: Yeah, we will by 20 that point in time. We hope to get a sales trailer 21 out there sometime in January. And by the time the 22 sales trailer is there, we'll have plans and 23 renderings and everything to show for the 24 marketing. 25 UNIDENTIFIED FEMALE VOICE: And you didn't 22 1 think of having them in time for -- to share with 2 the neighbors? 3 UNIDENTIFIED MALE VOICE: We're not ready. 4 We're not ready. And for this meeting, it doesn't 5 have anything to do with the floor plans. That 6 would be more of a marketing -- 7 UNIDENTIFIED FEMALE VOICE: Well -- well, 8 exactly. 9 UNIDENTIFIED FEMALE VOICE: You won't have to 10 have floor plans even when you go before the 11 Planning Commission, will you, nor the -- 12 UNIDENTIFIED MALE VOICE: No. I wish we had 13 them now. I mean, we'd love to be preselling, but 14 we're just not ready. 15 UNIDENTIFIED MALE VOICE: It said on one of 16 the things that you're going to put a stoplight at 17 the (indiscernible) . 18 MR. ARNOLD: No. 19 UNIDENTIFIED MALE VOICE: No? There's 20 something -- one of them said something about a 21 stoplight or something I was reading. No? 22 MR. ARNOLD: I don't think so, no. 23 Nancy, Sue, anything you all want to add? 24 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 25 ask for a stoplight down the road when all this 23 1 traffic finally hits Rattlesnake? Anything? 2 UNIDENTIFIED FEMALE VOICE: I'm not aware of 3 anything for a traffic light. 4 UNIDENTIFIED FEMALE VOICE: I think they 5 mentioned at the planning meeting that they were 6 going to ask the traffic engineers. The problem 7 with Rattlesnake Hammock is there isn't anything 8 else they can do. So, I think they were going to 9 look to the -- to the department -- what -- 10 UNIDENTIFIED FEMALE VOICE: Transportation? 11 UNIDENTIFIED FEMALE VOICE: Transportation, to 12 see if there was anything that could be done, but I 13 don't think there was much hope held out for that. 14 MR. ARNOLD: Yeah, they were -- I was going to 15 say they were either retaining a consultant or they 16 were going to do it internally, but they were 17 trying to get a better handle on the volumes of 18 traffic that are on the roadway today and the 19 capacity, and then look at what they could do 20 downstream of either traffic signal or do they need 21 other median openings. What can they do to help. 22 But the county's objective is to make traffic 23 move. 24 UNIDENTIFIED FEMALE VOICE: Right. 25 UNIDENTIFIED MALE VOICE: They don't really 24 1 care how long we have to sit here to get out. They 2 want to make sure the volume of traffic on 3 Rattlesnake keeps moving. 4 UNIDENTIFIED FEMALE VOICE: They probably 5 don't care how long (indiscernible) . 6 MR. ARNOLD: And I just wanted to add that one 7 of -- when we went through this thing the last 8 time, the county had wrong numbers for the actual 9 traffic on Rattlesnake. They overstated the amount 10 of traffic that was out there by, I think, a few 11 hundred trips. 12 So one of the -- 13 UNIDENTIFIED MALE VOICE: Those were peak 14 (indiscernible) trips. 15 MR. ARNOLD: Those were peak (indiscernible) 16 trips. 17 So one of the reasons we got limited to the 18 number of density we had was the county said we're 19 over capacity already when they really -- when they 20 updated their numbers, they realized they're not 21 over capacity. 22 So they -- and it's okay. We're not trying to 23 get more units, and that's why the 80 went down to 24 64, but some of the information you received saying 25 that, oh, you know, it's over capacity is 25 1 incorrect, and the county has since corrected those 2 numbers. 3 UNIDENTIFIED MALE VOICE: What I see, I see a 4 parking lot full of golfers over here, okay? And 5 then I see 65 -- 64 units? 6 MR. ARNOLD: 64 . 7 UNIDENTIFIED MALE VOICE: Everyone has one 8 car, at least one car. So that's -- 9 MR. ARNOLD: But the peak hours -- they base 10 it on peak hour, and peak hour for residential is 11 different than peak hour for golf course when the 12 county looks at traffic. 13 So that's why they concluded we didn't have a 14 problem with the 64 units. 15 UNIDENTIFIED MALE VOICE: Well, I don't know 16 what time the golf course opens up, 9:00? I don't 17 play golf, so I don't -- 18 UNIDENTIFIED FEMALE VOICE: Seven. 19 UNIDENTIFIED MALE VOICE: Seven? Well, that's 20 just right during the rush hour, then, people 21 pulling in. That's when people pulling in there, 22 you know, they get in -- 23 MR. ARNOLD: I think the county is comfortable 24 with our traffic impacts and that we've mitigated 25 for them through a reduction in traffic and paying 26 1 some money toward the county's bus system to allow 2 some of our residents, if they deem necessary, or 3 other people in the corridor, to get bus passes so 4 they don't have to use the road. 5 UNIDENTIFIED MALE VOICE: Okay. 6 UNIDENTIFIED FEMALE VOICE: Because that was 7 written into the document, I believe also. 8 MR. ARNOLD: That's correct, yes. 9 UNIDENTIFIED FEMALE VOICE: Yeah. 10 UNIDENTIFIED FEMALE VOICE: At the meeting in 11 May, I personally brought up the fact that were 12 they aware that, in order to go west on Rattlesnake 13 Hammock, how far did they have to go before they 14 could, you know, pass the, you know, make the 15 U-turn and get back to their point of beginning, so 16 to speak. 17 MR. ARNOLD: Uh-huh. Yep. 18 UNIDENTIFIED FEMALE VOICE: And it's, you 19 know, up towards a mile that they have to go. And 20 they -- everybody seemed very unaware of that. 21 MR. ARNOLD: I don't know that it's a mile. 22 UNIDENTIFIED FEMALE VOICE: It's very close to 23 it. 24 MR. ARNOLD: But I will say you've got to go a 25 distance to make that U-turn, but that was all 27 1 debated previously, and I think everybody was 2 comfortable knowing that that's (indiscernible) . 3 UNIDENTIFIED MALE VOICE: Who's comfortable 4 with that? 5 MR. ARNOLD: The county. (Indiscernible) . 6 UNIDENTIFIED MALE VOICE: The county? 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) ? 8 UNIDENTIFIED MALE VOICE: The traffic issue, 9 Dan, has essentially been approved. 10 UNIDENTIFIED MALE VOICE: Yes. 11 UNIDENTIFIED FEMALE VOICE: Yes. 12 MR. ARNOLD: Yes. 13 UNIDENTIFIED FEMALE VOICE: Well, I think 14 that's why they reduced the number -- 15 UNIDENTIFIED MALE VOICE: Right. 16 UNIDENTIFIED FEMALE VOICE: -- from 84 to 17 64 -- 18 UNIDENTIFIED MALE VOICE: Right. 19 UNIDENTIFIED FEMALE VOICE: -- was to somehow 20 accommodate that traffic. 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Yep. 23 MR. ARNOLD: And these gentleman -- what's the 24 number, $25, 000 or something like that you're 25 required to pay towards the CAT system of some 28 1 sort? 2 UNIDENTIFIED MALE VOICE: Right. 3 UNIDENTIFIED FEMALE VOICE: The bus stop, 4 yeah. 5 MR. ARNOLD: Yeah. 6 UNIDENTIFIED MALE VOICE: The parking for the 7 three buildings to the west -- 8 UNIDENTIFIED MALE VOICE: Uh-huh. 9 UNIDENTIFIED MALE VOICE: -- is that in the 10 rear? 11 UNIDENTIFIED MALE VOICE: Correct. Yes. 12 UNIDENTIFIED MALE VOICE: It is in the rear, 13 okay. 14 UNIDENTIFIED MALE VOICE: What's that -- 15 what's that -- 16 UNIDENTIFIED FEMALE VOICE: Yes. I was going 17 to say, what is in front, then? I'm sorry 18 (indiscernible) . 19 UNIDENTIFIED MALE VOICE: What is that, is 20 that water there, the wave like that? 21 MR. ARNOLD: Here? 22 UNIDENTIFIED MALE VOICE: Yes. 23 UNIDENTIFIED MALE VOICE: Are you going to 24 have a pond, too? 25 UNIDENTIFIED MALE VOICE: A lake. 29 1 UNIDENTIFIED MALE VOICE: A lake? 2 MR. ARNOLD: That's on the west side of the 3 entrance. 4 UNIDENTIFIED MALE VOICE: (Indiscernible) . 5 (Multiple simultaneous speakers. ) 6 MR. ARNOLD: I think they occur naturally 7 after time. 8 UNIDENTIFIED MALE VOICE: Oh, yeah, yeah, 9 yeah. I know they fill up (indiscernible) bring 10 them in. I know that. Oh, that sounds good. 11 UNIDENTIFIED FEMALE VOICE: And how many 12 parking units -- parking spaces are you allowing 13 per unit? 14 MR. ARNOLD: It varies, depending on the size 15 of unit, whether or not it's a one bedroom, two 16 bedroom, et cetera, and I don't know their mix to 17 tell you how many parking spaces we're going to 18 have. 19 UNIDENTIFIED MALE VOICE: Right now, the total 20 provided on this plan is 139 spaces. 21 UNIDENTIFIED FEMALE VOICE: 139 spaces and -- 22 UNIDENTIFIED MALE VOICE: And the requirement 23 we have is 128. 24 UNIDENTIFIED FEMALE VOICE: That's more than 25 two. 30 1 MR. ARNOLD: Well, we have to account for the 2 clubhouse parking, handicap parking, et cetera, as 3 well, so. 4 UNIDENTIFIED MALE VOICE: Uh-huh. 5 UNIDENTIFIED FEMALE VOICE: So to the -- my 6 left of the driveway there is your clubhouse. 7 What's the dark? 8 UNIDENTIFIED MALE VOICE: That's the proposed 9 clubhouse. 10 UNIDENTIFIED FEMALE VOICE: That's the -- what 11 is behind it, then? 12 MR. ARNOLD: That's a swimming pool. 13 UNIDENTIFIED MALE VOICE: A pool. 14 UNIDENTIFIED FEMALE VOICE: Behind it? 15 MR. ARNOLD: This would be the clubhouse 16 structure. 17 UNIDENTIFIED FEMALE VOICE: Okay. 18 MR. ARNOLD: This is the proposed pool 19 structure. 20 UNIDENTIFIED MALE VOICE: And that's parking. 21 UNIDENTIFIED FEMALE VOICE: Oh, parking, okay. 22 It's real hard to see from here. 23 UNIDENTIFIED MALE VOICE: Are the people just 24 going to use that there, not the golf course people 25 or anything (indiscernible) ? 31 1 UNIDENTIFIED MALE VOICE: No, no, no, just the 2 people who -- 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MR. ARNOLD: Residents only. 5 UNIDENTIFIED MALE VOICE: Okay. 6 MR. ARNOLD: Anything else from anybody who 7 hasn't had a chance to speak? Anything else? 8 UNIDENTIFIED FEMALE VOICE: Will that be a 9 public clubhouse. 10 UNIDENTIFIED MALE VOICE: No. 11 UNIDENTIFIED FEMALE VOICE: Or just 12 exclusively for -- 13 UNIDENTIFIED FEMALE VOICE: Just residents. 14 UNIDENTIFIED MALE VOICE: Just for the condos. 15 UNIDENTIFIED FEMALE VOICE: Just for the 16 residents of the condos? 17 UNIDENTIFIED MALE VOICE: Correct. Yeah. 18 MR. ARNOLD: Sue, Nancy, anything else? 19 UNIDENTIFIED FEMALE VOICE: No. 20 UNIDENTIFIED FEMALE VOICE: No. 21 MR. ARNOLD: Are we ready to close it down? 22 All right. Thanks for coming, everybody and -- 23 UNIDENTIFIED FEMALE VOICE: Thank you. 24 MR. ARNOLD: -- appreciate it. 25 (Recording concluded. ) 32 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 31 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: December 16, 2015 Joyce B. Howell 19 20 21 22 23 24 25 AGENDA ITEM 9-C Coy~ er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 18,2016 SUBJECT: PETITION PUDA-PL20150002326, HIBISCUS RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT). (COMPANION ITEM TO HIBISCUS RESIDENTIAL INFILL SUBDISTRICT AMENDMENT, GMPA PL20150002354/CPSS-2015-2) APPLICANT/OWNER: Nassif Golf Ventures, LLC 225 Banyan Boulevard, Suite 240 Naples,FL 34102 AGENTS: Mr. D. Wayne Arnold Mr. Richard D. Yovanovich, Esquire Q. Grady Minor&Associates Coleman, Yovanovich and Koester,P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2015-25, the Hibiscus Residential Planned Unit Development, to increase the multi-family zoned height from 45 to 50 feet and the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units and to correct a scrivenor's error on the Master Plan. GEOGRAPHIC LOCATION: The 7.9± acre subject property is located on the south side of Rattlesnake Hammock Road at the intersection of Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on the following page.) 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I "� (7p 11,4 I i - - DOR*CIRCLE col MZ O m0 a Zr 0 Nw m 7 PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting an amendment to the Hibiscus RPUD,which was originally approved by Ordinance Number 2015-25 on April 14,2015. (Please see attachment.) 1 The RPUD is presently approved for 64 multi-family, single-family detached,townhouse and single- family zero lot line residential dwelling units with a density of 10.63 dwelling units per acre. The buildings are presently approved for a zoned height of 30-45 feet and an actual height of 35-50 feet. The building massing is currently approved for a maximum of 12 units and a wall length of up to 200 feet. The petitioner is requesting to increase the multi-family zoned height from 45 to 50 feet and to increase the actual height from 50 to 55 feet; and to increase the number of residential units allowed t per building from 12 units to 16 units. A cover letter(see attachment)that has been submitted with the companion small scale Growth Management Plan Amendment indicates that the number of stories will increase from three to four. The building wall length remains unchanged at 200 feet. There is no increase in density;the number of previously approved units remains unchanged. The Master Plan has been revised to correct a scrivener's error in the number of proposed units. The previously adopted Master Plan incorrectly showed 84 units, the new Master Plan correctly depicts 64 units. There are no changes to the previously approved landscape buffers, drainage, or site ingress/egress. The petitioner is not seeking any Deviations. SURROUNDING LAND USE AND ZONING: North: Rattlesnake Hammock Road, a 4-lane divided minor arterial road; then Riviera Colony Mobile Home Park with a zoning designation of MH (Mobile Home) and a maximum allowable zoned height of 35 feet; and a strip shopping center with a zoning designation of C-3 (Commercial Intermediate)and a maximum allowable zoned height of 75-feet East: Country Club Manor Condominiums, multi-family residences with a zoning designation of RMF-16, at 16 dwelling units per acre and a maximum allowable zoned height of 75 feet South: single-family residences with a zoning designation of RSF-3 and a maximum allowable height of 35 feet; then a golf course; then a golf maintenance facility; and then a golf clubhouse parking lot with a zoning designation of GC (Golf Course) and a maximum allowable zoned height of 35 feet West: Doral Circle, a entrance roadway that has MSTU landscape improvements; and then Doral single-family residences with a zoning designation of RSF-3 (Residential Single-family), at 3 dwelling units per acre and a maximum allowable zoned height of 35 feet HIBISCUS RPUD,PUDA-PL20160002326, February 8,2016 Page 4 of 13 a r F— F my' - I' it We i r 't • . Subject Site , ' , - ., , - ' ,, t .114‘,.s., -mini im it y , ' ',... .; -,;L;,.,..., ,. ` I L4.0 00 ^ ___._ _ f inn_LSI n< i r_ ' At' , t , , 1 ' A t 't , .• A $a t • r t a # • S` .i. b. 6 , rt-h.,., _ yrto '�• a ; . flit A AIM 'MI, _.i. . iv.4.rili . jpit f .. , ,,,, . ' JAnC 3 I Air rc .. '414 Ntri of to __ _ ..„...._ . 4, 4 ..4111111 4 1 4 -.4. 4 4, N. '.' A } '- -ir •• ••.�.,��ft x.. �. r IiN„ i y • 1 ilk , # a t. ,.ya..,� 57n3,V_<1-a - ,a Tai, x ; ,. 7 it i 4 4,4„ .i.,. ,,„. . .. . .. ,.. „ , )j4j , ci,4ii ' \�( , ,A 4, om_PC) 1,_sn 1 4 1.kr * \ AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The 7.9± acre subject site is designated Urban, Urban Mixed Use District, Hibiscus Residential Infill Subdistrict as shown in the Future Land Use Element of the Growth Management Plan (GMP). This Subdistrict allows 64 dwelling units and buildings at a maximum height of three stories. The existing PUD is approved for 64 dwelling units and this amendment does not propose to increase density or add uses. However, this amendment does propose to increase the maximum building height. A companion small scale GMP amendment proposes to increase the allowable building height from 3 stories to 4 stories. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety. HIBISCUS RPUD,PUDA-P120150002326, February 8,2016 Page 5 of 13 FLUE Objective 7 and relevant policies were evaluated for the original PUD rezone petition just approved earlier this year. Given the nature of this petition, staff has determined an analysis of these policies is not necessary. Transportation Element: Transportation Planning staff reviewed the application and found this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). There is no increase in the number of residential dwelling units/traffic generation, no changes to the master plan including point(s) of access or circulation, and no changes to the developer commitments;therefore there is no impact on the previous finding of approval. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Based on the above analysis, staff finds the subject petition inconsistent with the FLUE; however, the petition may be deemed consistent IF the companion GMP amendment is adopted and becomes effective. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.S., 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. Aerials available on the Internet from the Property Appraiser show that some form of golf course maintenance, storage or operation activities occurred in a portion of the proposed development area and an adequate assessment of the soils in this area that may include additional soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals is warranted. Soil and/or ground water sampling in accordance with the requirements of LDC Section 3.08.00 will occur at time of Site Development Plan(SDP)or Plat/construction plans(PPL)review. The requirement for sampling is included in the existing List of Developer Commitments in the PUD document. The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Planning staff fmds this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 6 of 13 Zoning and Land Development Review: As previously stated,the petitioner is requesting to increase the multi-family zoned height 5 feet,from 45 to 50 feet and to increase the actual height 5 feet,from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units. The proposed 5-foot height increase for the zoned and actual building heights are compatible with other zoning districts in the area which have zoned heights of at least 50 feet. The RMF-16 zoning district located directly east of the subject site has a zoned height of 75 feet. The C-3 zoning district across Rattlesnake Hammock to the north of the subject site has a zoned height of 50 feet. Therefore, staff finds the proposed 5-foot height increase compatible with the neighborhood. The increase in the building massing from 12 to 16 units is compatible with the 3-story building to the east. The previous Developer Commitment to have a wall length no greater than 200 feet remains unchanged. This is similar to the 220-foot length of the residential buildings to the east. Therefore, staff finds the proposed 16 unit building compatible with existing buildings within the neighborhood. The petitioner is not requesting any new Deviations. 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 fmdings 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 Section has indicated that the proposed PUD rezone is not consistent with the existing Hibiscus Residential Infill Subdistrict of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). However, if the companion GMP amendment, GMPA PL20150002354/CPSS-2015-2 the Hibiscus Residential Infill Subdistrict is approved, then the petition could be found consistent with the GMP. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 7 of 13 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD amendment. This site is located within an area of development with a mixture of residential and other uses. The proposed PUD amendment is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. This amendment will not add more dwelling units. It only increases the height of the zoned and actual building height by 5 feet. The amendment also increases the massing of the building slightly. Staff believes that the proposed changes will not adversely impact 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 proposed amendment will not impact traffic. 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 amendment will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 8 of 13 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is already developed. 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 ro osed change will constitute a grant of special privilege to an individual P P g owner as contrasted with the public welfare. The proposed PUD amendment 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. 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 residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 9 0 13 r 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. In addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. 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. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 10 of 13 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. offered an analysis of the relevant goals, objectives County staff has reviewed this petition and has off y g 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 if the companion Growth Management Plan amendment,Petition GMPA PL20150002354/CPSS-2015-2 the Hibiscus Residential Infill Subdistrict is approved. i 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 previously approved landscape buffering is sufficient and there are no proposed changes to the buffers. 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 proposed development must seek concurrency at the time of next Development Order (Site Development Plan and/or Plat)submittal. 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. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the proposed amendment to increase the zoned and actual building height by 5 feet along with the proposed change from 12 to 16 units per building are acceptable. In addition,the petitioner is not requesting any Deviations. NEIGHBORHOOD INFORMATION MEETING(NIM): The agent/applicant duly noticed and held the required NIM on December 9, 2015. For further information,please see Attachment: "Transcript of the Neighborhood Information Meeting." HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 11 of 13 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-PL20150002326, revised on January 26,2016. RECOMMENDATION: ' 4 Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20150002326 to the Board of County Commissioners with a recommendation of approval subject to the approval of the companion small scale GMPA PL20150002354/CPSS-2015-2. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 2015-25 Attachment C: Cover Letter for GMPA Attachment D: Transcript of the Neighborhood Information Meeting HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Page 12 of 13 PREPARED BY: ( ► d ct I°) 201 ' NANCY G LA H,AICP,PLA DATE PRINCIPAL P�A14TER ZONING DI ISION REVIEWED BY: 11 . 16 RAY ND V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION - t` MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: 74"11 ) - 3-/ S FRENCH,DEPUTY DEPARTMENT HEAD DATE GROJA(TH MANAGEMENT DEPARTMENT - - 14 DAVID S. WILKISON, P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT HIBISCUS RPUD,PUDA-PL20150002326, January 19,2016 Page 13 of 13 ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2015-25, THE HIBISCUS RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO INCREASE THE MULTI-FAMILY ZONED HEIGHT FROM 45 TO 50 FEET AND THE ACTUAL HEIGHT FROM 50 TO 55 FEET; TO INCREASE THE NUMBER OF RESIDENTIAL UNITS ALLOWED PER BUILDING FROM 12 UNITS TO 16 UNITS AND TO CORRECT A SCRIVENOR'S ERROR ON THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF RATTLESNAKE-HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.9+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDA-PL20150002326) WHEREAS,on April 14,2015,the Board of County Commissioners approved Ordinance Number 2015-25 which established the Hibiscus Residential Planned Unit Development(RPUD) zoning classification;and WHEREAS,D.Wayne Arnold,AICP of Q. Grady Minor&Associates,P.A. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Nassif Golf Ventures,LLC,petitioned the Board of County Commissioners to amend the Hibiscus RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Amendment to Exhibit B, Development Standards of Ordinance Number 2015-25,the Hibiscus RPUD. Exhibit B, Development Standards of Ordinance Number 2015-25, the Hibiscus RPUD, is hereby amended as follows: See Exhibit B attached hereto and incorporated herein. SECTION TWO; Amendment to Exhibit C,Master Plan of Ordinance No.2015-25,the Hibiscus RPUD Exhibit C, Master Plan of Ordinance No. 2015-25, the Hibiscus RPUD, is hereby amended to correct a Scivenor's error,by deleting, the existing Master Plan and replacing it with the Master Plan,attached hereto as Exhibit C and incorporated herein. [15-CPS-01461/1237704/1]69 Hibiscus RPUD 1PUDA-PL20150002326 2/9/16 1 of 2 • Attachment A SECTION THREE: Amendment to Section l.a. of Exhibit F, List of Developer Commitments,of Ordinance Number 2015-25,the Hibiscus RPUD. Section 1.a. of Exhibit F, List of Developer Commitments of Ordinance Number 2015- 25,the Hibiscus RPUD,is hereby amended as follows: 1. PLANNING a. Building massing: No building shall contain more than+216 units,or have a wall length greater than 200 feet. SECTION FOUR: 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 ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala,Chairwoman Approved as to form and legality: f \\P !'s 4 Heidi Ashton-Cicko ry Managing Assistant County attorney Attachments: Exhibit B—Development Standards Exhibit C—Master Plan (15-CPS-01481/1237704/1]69 Hibiscus RPUD\PUDA-PL20150002326 2/9/16 2 of 2 EXHIBIT B FOR HIBISCUS RPUD DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI-FAMILY DETACHED ZERO LOT LINE Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A Minimum Lot Width 40 feet 18 feet 30 feet N/A Minimum Lot Depth 75 feet 80 feet 75 feet N/A Minimum Front Yard Setback*1, *3 20 feet 20 feet 20 feet 20 feet Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet Doral Circle 20 feet 50 feet 20 feet 50 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet*2 10 feet 10 feet external Minimum Rear Yard Setback 10 feet 15 feet 10 feet 15 feet _ Minimum Drainage Easement 0 feet 0 feet 0 feet 0 feet Setback Maximum Building Height Zoned 30 feet 45 feet 30 feet 45-50 feet Actual 35 feet 50 feet 35 feet b0-55 feet Minimum Distance Between 10 feet 20 feet 10 feet 20 feet Buildings Floor Area Min. (S.F.),per unit 1,500 SF 750 SF 1,500 SF 750 SF Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A i.i• t—:.,wr _ _ { tiA l t et ACCESSORY STR ,i5 4 .'... <, ,.._. "._,I 1. j, :n .. ,�: 4.•- L, . ..-4' . * Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet 10 feet 10 feet external Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet 1 Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet Minimum Distance Between 10 feet 0/10 feet 0/10 feet 0/10 feet Buildings Maximum Height Zoned 20 feet 20 feet 20 feet 20 feet Actual 25 feet 25 feet 25 feet 25 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1-front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.Ali parking areas must remain dear of sidewalks. *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. •3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site Is adjacent to a Landscape Buffer Words underlined are additions;words struck t/ueugir are deletions Hibiscus RPUD,PDI Last Revised 10/05/2015 Page 1 of 2 Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the platted residential lot may be reduced to zero(0)feet where It abuts the easement. Note:nothing In this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. • I W o r d s w ,&glare additions;words are deletions Hibiscus RPUD,PDI Last Revised l QADS/20l S Page 2 of 2 f 4 ii ..ROI MW.R Ma.-•MRI•••••••••••••••111.u..-v.iw.r r•1m y...,A.,vy,q.,., 1: Wi..all a c O o t � LA jM III 0 4� d� i EL 1 7. 0 F IgI g z ). i) w 0 s w0 Z LI 10 .- D 61- Ov CO W i-W m 6 go i i 3gw M / I w O z 1gwyZ 4 M *,c3_ 62 OD Q M , 3 ...--,001--. ^. 051 ' m w W Ii / 1li o03 � Ow0 a . .I.. i .....t. . 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Qffi w mW oW LLZ d toici G,0 1 i WW H '- I. 11NW Wn V1 O6 2 L _ c limp- .,,„Im C CIRCLE � DORAI a } 2 1 O C} N y ORDINANCE NO. 2015-25 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 A COMMUNITY FACILITY ZONING DISTRICT AND GOLF COURSE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HIBISCUS RPUD TO ALLOW CONSTRUCTION OF UP TO 64 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE OF RATTLESNAKE-HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.9± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-PL20140000179] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Nassif Golf Ventures, LLC, 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 Classification. The zoning classification of the herein described real property located in Section 19, Township 50 South, Range 26 East, Collier County, Florida is changed from a Community Facility zoning district and Golf Course zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Hibiscus RPUD to allow construction of up to 64 residential dwelling units in accordance with Exhibits "A"through"F" attached hereto and incorporated herein by reference. 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. E 10 MI [14-CPS-01349/115478611]88 Hibiscus RPUD\PUDZ-PL20140000179 Rev. 2/19/15 1 of 2 Attachment B SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015-26 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this /'f day of it P r 2015. ATTEST „,,, BOARD OF COUNTY COMMISSIONERS DWIG „ ? I tr./1§,,,"0,ERK COLLIER COUNTY,FLORIDA By:' ,'r .�e.lLt_ is_' By ”} ? tg: • - TIM NANCE,Chairman " sign d + +r'r ;�o'y,;r' .{%+ Approved a 'to form and legality: �- (Jo Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Deviations Exhibit F—Developer Commitments This ordinance filed with the Sp�c�ry of SdA'�Office 1 S J7n day of iTc and acknowledgement of that fill received this 'day [14-CPS-01349/1154786/1]88 Hibiscus RPUD 1PUDZ-PL20140000179 Rev. 2/19/15 2 of 2 CP') .x :I `, EXHIBIT A �` FOR HIBISCUS RPUD il ``, Regulations for development of the Hibiscus RPUD shall be in accordance with the contents of this if RPUD Document and applicable sections of the LDC and Growth Management Plan GMP In effect at pp g � � H the time of issuance of any development order to which said regulations relate. Where this RPUD 4' Ordinance does not provide development standards,then the provisions of the specific sections of the _!. LDC that are otherwise applicable shall apply. PERMITTED USES: ti A maximum of 64 residential dwelling units shall be permitted within the RPUD. No building or A structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, i� for other than the following: RESIDENTIAL A. Principal Uses: 1. Dwelling Units --- Multiple family, single family detached, townhouse and single family zero lot line. 2. Any other principal use which is comparable in nature with the foregoing list of • permitted principal uses, as determined by the Board of Zoning Appeals ('BZA")or the Hearing Examiner. B. Accessory Uses: 1. Clubhouses, Community administrative facilities, Community maintenance j areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices. Community wide recreational facilities shall be required to have a 15-foot wide landscape buffer and wail and to have a minimum building setback of 30 feet from the external PUD boundary where not adjacent to golf course zoned property. a. For community recreational facilities exceeding the 30' PUD boundary setback or adjacent to golf course zoned property, no Wall shall be required and the following setbacks shall apply: Front: 30 feet Side: 15 feet Rear: 15 feet b. Maximum actual building heightshall be 25'. 2. Model homes and model home centers including sales trailers and offices for project administration,construction,sales and marketing. Hibiscus RPUD P1.20140000179 Page 1 of 8 Revised 03/16/2015 CA 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails,gazebos and picnic areas. 4. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools,spas and screen enclosures. 5. Any other accessory use, which is comparable in nature with the foregoing uses • and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or the Hearing Examiner. DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for land uses within the Hibiscus RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC In effect as of the date of approval of the SDP or subdivision plat. • • Hibiscus RPUD PL201 40000 1 79 Page 2 of 8 Revised 03/16/2015 `� n i4 f ti EXHIBIT B 1 FOR HIBISCUS RPUD 3 DEVELOPMENT STANDARDS I i. r. F. PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI-FAMILY DETACHED ZERO LOT LINE z Y Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A i. rl Minimum Lot Width 40 feet 18 feet 30 feet N/A i Minimum Lot Depth 75 feet 80 feet 75 feet N/A s r Minimum Front Yard Setback*1,*3 20 feet 20 feet 20 feet 20 feet , it Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet Doral Circle 20 feet 50 feet 20 feet 50 feet tj 0 feet internal Minimum Side Yard Setback 5 feet 10 feet external 0 feet*2 10 feet Minimum Rear Yard Setback 10 feet 15 feet 10 feet 15 feet n ii , Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Maximum Building Height Zoned 30 feet 45 feet 30 feet 45 feet I Actual 35 feet 50 feet 35 feet 50 feet =j1 Minimum Distance Between Buildings 10 feet 20 feet 10 feet 20 feet 4 _Floor Area Min,(S.F.},per unit 1,500 SF 750 SF 1,500 SF 750 SF i ila Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Is Minimum Preserve Setback N/A N/A N/A N/A tt ' t t, N r -t Y ,,a x 7 Vi ` s c , cv i r`"p. Ef .. •.., . . S � . , t.1 „ t.�„ isr:as? 1, u.c; qa ,,.c.2 Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet 1 1 0 feet internal Minimum Side Yard Setback 5 feet 10 feet external 0 feet 10 feet I Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet i Minimum Distance Between Buildings 10 feet 0/10 feet 0/10 feet 0/10 feet I Maximum Height - Zoned 20 feet 20 feet 20 feet 20 feet Actual 25 feet 25 feet 25 feet 25 feet 1 Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. 1 *1—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.All parking areas must remain clear of sidewalks. I *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement. . Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LOC unless it is expressly stated in a list of deviations. { Hibiscus RPUD PL20140000)79 Page 3 of 8 Revised 03/16/2015 0 _ PI DM.»„W.a,., -a ..re.la....-.ow"..ron.-,,.....�»., 0 0 0 0 t 41Ia Niit 4: ; J11M O H J Q w ZOrt Il S ---.10-z—arc a 0zd w D. oa co ct U 1 0 a >coco O 0 z°LL I- ..0 CL 0 1- C U O-I WZz 4 LLI s m i MOO W LL` 0 0= 0 w 0 S m LU 1g- CI y om IXo � ' w zaz CO DS w� ,y,. mad We ' =O QH ❑U -Z0 N' 3 U z .. ' = W z zz �1,uU �—,00I ^Z NO / t000 M mW F0 mZ U z F ' - 6(02 z �0 OQ w0[C ZN xa t4W O 1 I NMI I M� �� O W d Q 2' re Z J J EC W�j u.i W� w0 v�2 i II t. cS v 1 1N3W3 a z� Q a J 2 w pi $Y w� Al -PP 30VNIV�l0 . Ow ‹¢ oax� i t � i w am rt r ,001 r ya 9~ 02<0 t ! I 00Lii LL O � o—Q , f Na , w - zU FL' CO I Iii '�m o 1 a� 0- 0-JFF O • 7 '1 ma Ja U¢FO _ _ _ `\\ W CC ter` 17 = Z N C9 O • U V . 1.11 r ^I w G sy a 0 �T. . � — c if s co a 0 III Z . . i..--' i CO N pl III a ` ( O U U a ii 14 Ey a a0 CC c, rm I Owo ! $ t Y W I wa T Z ` e I _¢ 3o - wI _a t 1 1 ' -` 2a I Jp = s N= 0 30Vd 0L6 1 m z )1008 'a'0 - -. CO FFii EEE V ' s IN3IN3SV3 t �.1 30VNfdilG t ct m .001 1 z aFa } O -pl.,, w -+ 14 , 0 • 11Q ltT �W �� ' LLZ �Jc1I CC ci _a # 111 C) Iii tn u-m a 1 cSy Qz cc 1_ I._ r2 I D .4.3 S O 0 a - L � _ — _ ,� + , mom _moi • •i t LL Z R O K W Q Q ww p z N ® C) -.: . . . ...aw,a»�e y . / i i \® EXHIBIT 0 FOR K \ HIBISCUS RP UD . ciC \ LGADE DESCRIPTION LOT 1, LOT 2, AND TRACT HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOKS PAGES 3 &4 A THE {(| OF P PUBLIC RECORD OFC0 LIERCOUNTY, FLORIDA ¢ ,%:,-. / CONTAINING 79A RS,MORE OR LESS. b . | \ t`{ ' E • k. \ . \ ■ • . \ I I ' • j Hibiscus RPUDPL,�te Page 5aa Revised�1#�a . C :4 • EXHIBIT E FOR HIBISCUS RPUD LIST QF DEVIATIONS 1. From LDC Section 4,06.02.C, Landscaping, Buffering, and Vegetation Retention,which requires a multi-family residential development to provide a 15' wide type 'B' buffer between the residential use and a golf course clubhouse tract to permit the development to install the Type B buffer as if it were adjacent to a lake in order to cluster the required landscaping within the building setback area between the canal and the proposed residential buildings. 2. From LDC Section 3.08.00.A.4.d.ii, Environmental Data Requirements, which requires properties that are occupied by a golf course to provide soil and/or groundwater sampling at the time of first Development Order to permit the soil and/or water quality test to be provided at the time of Site Development Plan or Plat review. 3. From LDC Section 5.06.04.G, Off-premises directional signs, which prohibits off-premises signs in residential districts, to permit two existing signs to remain in the current location at the project entrance on each side of Hibiscus Drive and to permit an increase in their square footage of approximately 42.5 square feet to 64 square feet for each sign to allow inclusion of signage for the residential dwellings. 4. From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall Is contiguous to an adjoining lot line, to allow windows along portions of the principal building that is on the zero setback line. Hibiscus RPUD PL20140000179 Page 6 of 8 Revised 03/16/2015 1 k T`. tl i`.. s EXHIBIT F k FOR i HIBISCUS RPUD j 9.: "'' LIST OF DEVELOPER COMMITMENTS ?.. 1. PLANNING k' a. Building massing: No building shall contain more than 12 units, or have a wall length greater s than 200 feet. b. In order to achieve the density of 64 units and prior to the issuance of the first building permit for the first residential dwelling unit,the property owner shall record a restriction in the Official k; Land Records of Collier County on a portion of the Hibiscus Golf Course property equal to 12+/- acres,restricting the use to golf course,open space or preserve uses in perpetuity. 2. ENVIRONMENTAL F F, a. Soil and/or ground water sampling consistent with the requirements of LDC Section 3.08.A.4.d.ii 1 shall be provided at the time of Site Development Plan or Plat review. The Phase One Environmental Site Assessment submitted did not address the properties requirement to comply with LDC section 3.08.00 A.4.d.ii which addresses soil sampling for 1 organochlorine pesticides and the 8 Resource Conservation and Recovery Act'metals. It has s been identified that some form of golf course maintenance, storage or operation activities occurred in a portion of the proposed development area and an adequate assessment of the t soils in this area that may include additional soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals is warranted. In addition to the background and random sampling points across the property, soil samples should be collected in areas of the property where suspected golf course maintenance, storage or operation activities that may have contained drums, chemicals, petroleum products, fuel tanks and chemical mixing areas. b. The landscape buffer on the east perimeter of the PUD shall be a minimum of 15' in width and all non-invasive plant shall be retained. 3. TRANSPORTATION a. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 52 PM Peak Hour,two-way trips. I b. The owner shall make a payment of$25,000 to the County within 30 days of PUD approval to be used for a CAT station/facilities along Rattlesnake Hammock Road. c. The owner will provide on-site bicycle racks for resident use to encourage alternatives to motorized vehicular travel. d. Access to Doral Circle shall be limited to emergency vehicles until a traffic signal is installed at the intersection of Doral Circle and Rattlesnake Hammock Road. No construction traffic shall be permitted on Doral Circle. Hibiscus RPUD PL20140000179 Page 7 of 8 Revised 03/16/2015 G e. If a left-out median opening is permitted from Hibiscus Drive, the owner shall be responsible for costs associated with median improvements for the left out configuration. The County, in its sole discretion, reserves the right to modify or close any median openings at any time for capacity or safety reasons. 4. PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD,and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval,the Managing Entity is Nassif Golf Ventures, LLC, 225 Banyan Boulevard, Suite 240, Naples, Florida 34102. 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. 5. EMERGENCY MANAGEMENT A. The property owner, prior to the Issuance of the first residential certificate of occupancy, must develop a continuing hurricane awareness program and hurricane evacuation plan. The hurricane evacuation plan shall address and include at a minimum the following items: 1. Operational procedures for the dissemination of warning and notification of all residents and visitors during the hurricane watch and warning periods. 2. A public awareness program to address vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the location of hurricane shelters and other protective actions which may be specific to the development. 3. Identification of who is responsible for implementing the plan. B. The property owner, prior to the Issuance of the first residential certificate of occupancy, shall provide Collier County Emergency Management with funds required to provide 40 evacuation shelter cots, inclusive of 2 cots required for persons with special needs. Hibiscus RPUD PL2014000017? Page 8 of 8 Revised 03/16/2015 affori FLORIDA DEPARTMENT Of STATE } r 1 RICK SCOTT KEN DETZNER Governor Secretary of State April 20,2015 Honorable Dwight E.Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention:Martha S.Vergara,BMR Senior Clerk Dear Mr.Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No.2015-25,which was filed in this office on April 17,2015. Sincerely, Ernest L.Reddick Program Administrator ELR/lb R.A. Gray Building • 500 South Bronough Street • Tallahassee,Florida 32399-0250 Telephone: (850)245-6270 • Facsimile: (850)488-9879 www.dos.state.fl.us gaGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 9,2015 Mr. David Weeks,AICP,Growth Management Manager Collier County Government,Growth Management Department Zoning Division,Comprehensive Planning Section 2800 North Horseshoe Drive, Naples, FL 34104 RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD Dear Mr.Weeks: Attached, please find copies of a small-scale Collier County Growth Management Plan Amendment application for properties located on the south side of Rattlesnake Hammock Road. The amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed from three to four. The change is necessary to facilitate a product design that is different than previously desired when the project was to include a greater density. A companion application for Public Hearing for a PUD Insubstantial Change is being submitted simultaneously with the Small Scale Growth Management Plan Amendment. The PUD Insubstantial change proposes to amend Ordinance 2015-25 by revising Exhibit B, Development standards,to increase the building height for multi-family from zoned 45 feet and actual 50 feet to zoned 50 feet and actual 55 feet and to revise Exhibit F, List of Development Commitments, Iteml.a to increase the number of units allowed per building from 12 to 16. Small Scale Growth Management Plan amendment is being submitted simultaneously with the Insubstantial Change to a PUD application to amend the number of stories allowed from three to four. The text change to reflect the four story height is the only modification to the Hibiscus Residential Infill Subdistrict. Please feel free to contact me should you have any questions. Sincerely, D.Wayne Arnold,AICP c: Via Email David Nassif Al Moscato Richard D.Yovanovich, Esq. GradyMinor File Q. Grady Minor&Associates,P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Attachment C 1 1 2 TRANSCRIPT OF THE 3 HIBISCUS RPUDA AND GMPA 4 NEIGHBORHOOD INFORMATION MEETING 5 December 9, 2015 6 5:35 p.m. 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 RICHARD YOVANOVICH, ESQ. 13 AL MOSCATO 14 DAVID NASSIF 15 SUE FAULKNER 16 NANCY GUNDLACH 17 SHARON UMPENHOUR 18 19 20 21 22 23 24 25 • Attachment D s 1 2 1 MR. ARNOLD: Are we ready? 2 Okay. Good evening, folks. I'm Wayne Arnold, 3 and here representing the Hibiscus residential 4 P lanned development and the amendments that we're 5 making to that, the zoning and the comprehensive 6 plan. 7 Tonight, you have David Nassif and Al Moscato, 8 who are part of the ownership group of the Hibiscus 9 Country Club and this particular piece of property. 10 Rich Yovanovich is the attorney representing us. 11 This is Sharon Umpenhour with my firm. She's 12 taping the meeting as we're required to do by the 13 county. 14 I'll introduce the two county staff folks that 15 are here. We have Sue Faulkner in the darker red 16 outfit and Nancy Gundlach, who is the lighter red 17 outfit. Nancy works on the zoning application and 18 Sue is involved with our comprehensive plan 19 amendment. 20 I'm not sure how many of you were here when we 21 came through the process in the spring, but the 22 Hibiscus residential PUD and comp plan amendment 23 was approved by the Board of County Commissioners 24 and it authorized construction of up to 64 dwelling 25 units on what I call the old clubhouse tract. 3 1 And as part of that application process, we 2 created some comprehensive plan language that said 3 -- and we have three-story dwelling units. We're 4 proposing to change the word three to four so we 5 can have up to four-story dwelling units on the 6 property. 7 And then in the zoning document, we're 8 changing what was established as the zone height 9 and what we call an actual height of the buildings 10 by five feet each. One went from 45 feet to 50 11 feet, and the other is 55 -- 50 to 55 feet. 12 And we're also -- we put a restriction on 13 ourselves, limited ourselves to 12 units per 14 building. We'd like to revise that and allow up to 15 16 units per building. 16 What happened at the time, we originally had 17 applied for and asked for, was it 80 or 84 units, I 18 forget. 19 UNIDENTIFIED MALE VOICE: (Indiscernible) . 20 MR. ARNOLD: But through the staff review, the 21 Planning Commission review and ultimately the Board 22 of County Commissioners, they authorized only a 23 maximum of 64 units. And some of that was done on 24 the fly, and I don't think we really thought about 25 the impacts to the number of buildings on the site 1 4 1 and made the adjustments in the product type to 2 account for that lower number of units. 3 So you're all familiar with the site, but it 4 affects the area on the north side of the clubhouse 5 tract on the south side of Rattlesnake Hammock, 6 bisected by Hibiscus Drive. 7 For those of you who might have been 8 interested at the time, the Board restricted access 9 to Doral Drive to emergency access only. So any -- 10 maybe an emergency vehicle could use it if 11 necessary, but no general traffic through there. 12 And we heard a lot about traffic. That's one 13 of the reasons the reduction in units was supported 14 by the county staff and the County Commission, 15 ultimately, so we're not trying to (indiscernible) 16 anything with regard to the number of units, but 17 it's really to accommodate a little bit different 18 product and allow them to get the height they need 19 to do that. 20 This is kind of the concept they're working 21 from with the architect. It's going to result in 22 less buildings than we had under the three-story 23 plan. So we've got, in this scenario, four 24 dwelling units. 25 You can see we've made provisions for a small 1 5 I 1 clubhouse and pool, which is consistent with where 1 2 we originally had identified it on our concept E 3 plan. i 4 And still working with the architect to come 1 I 5 up with what that equates to, but the five feet was 6 necessitated by the way we measured the zoned and 7 actual height, and to look at a -- the four-story 8 product likely will have an elevator core which 9 pushes the need to go a little bit higher on 10 elements of the roof because those are included in 11 your actual height measurement. 12 So the changes we're proposing are, in our -- 13 in our position, minor with regard to the changes, 14 and I'm happy to open it up for any questions you 15 might have. I think I've covered the changes. 16 They're very simple changes to the -- a couple of 17 pages of the documents. 18 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 19 UNIDENTIFIED FEMALE VOICE: How many units are 20 there? 21 UNIDENTIFIED MALE VOICE: What is that there? 22 MR. ARNOLD: We have 64 units total and that's 23 our detention area. 24 UNIDENTIFIED MALE VOICE: So I'm going to have 25 a big pond behind me. ( 6 1 MR. ARNOLD: I don't know if it's going to be 2 a pond or not. It's very likely it may not be a 3 pond. It could be a dry detention system. 4 UNIDENTIFIED MALE VOICE: Okay. For what rain 5 (indiscernible) water? 6 MR. ARNOLD: Yeah. It takes parking lot and 7 storm water. It sits there until it percolates 8 into the ground. 9 UNIDENTIFIED FEMALE VOICE: For the -- there's 10 a big contingent from Country Club Manor. 11 Can you tell us where our units are in 12 relation to that site plan? 13 MR. ARNOLD: Okay. I apologize, but help me 14 with Country Club Manor. 15 UNIDENTIFIED FEMALE VOICE: That's all right. 16 UNIDENTIFIED FEMALE VOICE: Is the -- here, 17 this -- 18 UNIDENTIFIED FEMALE VOICE: To the right. 19 UNIDENTIFIED FEMALE VOICE: Right here. 20 MR. ARNOLD: Okay. Yeah. 21 UNIDENTIFIED FEMALE VOICE: Now, if you could 22 point that out on there, that will help us. 23 MR. ARNOLD: Sure. Okay. Well, you are 24 located to the right of us. Let me do it this way. 25 This is the one proposed building that we have l 7 1 on the east side of the thing, so our building that 2 we're showing here would sit somewhere in this 3 vicinity. 4 UNIDENTIFIED FEMALE VOICE: Great. Okay. 5 UNIDENTIFIED FEMALE VOICE: So the bulk of the 6 buildings are going to be across the driveway? 7 MR. ARNOLD: Correct. 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED FEMALE VOICE: What is it going 10 to be, an adult community, apartments? 11 MR. ARNOLD: Well, market rate straight 12 condominium units. 13 UNIDENTIFIED FEMALE VOICE: Condominiums. 14 MR. ARNOLD: Yeah, we had that discussion, I 15 remember, at the last neighborhood information 16 meeting, whether or not it was going to be age 17 restricted or not, but it's not going to be a 55 18 and older restricted community. 19 It may turn out to be that's who the buyer 20 profile is, but it's not intended to be an 21 age-restricted community. 22 UNIDENTIFIED FEMALE VOICE: How large are the 23 apartments? How large? Two bedrooms, three? 24 UNIDENTIFIED FEMALE VOICE: Could you guys 25 come up here instead of behind us? ) 8 1 UNIDENTIFIED FEMALE VOICE: Yeah. 2 UNIDENTIFIED MALE VOICE: Sure. 3 UNIDENTIFIED FEMALE VOICE: Would you mind? 4 UNIDENTIFIED MALE VOICE: Well, you know, 5 we're still -- we're still in the process of 6 design, but what it looks like now, they will be 7 between 1,300 and 1,600 square feet, two and 8 three-bedroom units. 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 UNIDENTIFIED MALE VOICE: Nice units. 11 UNIDENTIFIED MALE VOICE: I don't know how 12 firm you are on that number, but if we're not firm 13 on that number, I'd rather not say that that's a 14 commitment to say that. 15 UNIDENTIFIED MALE VOICE: No. Like I said, 16 we're not -- we're still designing it, but that's 17 where we'd like to get to. 18 UNIDENTIFIED MALE VOICE: You are planning for 19 a pool and clubhouse? 20 UNIDENTIFIED MALE VOICE: Correct. 21 UNIDENTIFIED MALE VOICE: So we won't have to 22 lock up our pool, then? 23 UNIDENTIFIED MALE VOICE: I hope not. 24 UNIDENTIFIED MALE VOICE: It's on the other 25 side of the (indiscernible) . 1 1 9 1 UNIDENTIFIED MALE VOICE: These buildings 2 are -- 3 UNIDENTIFIED MALE VOICE: So the only thing -- 4 MR. ARNOLD: Hang on. One at a time, please. 5 UNIDENTIFIED FEMALE VOICE: One at a time. 6 MR. ARNOLD: We're recording the meeting. 7 UNIDENTIFIED MALE VOICE: The only building, 8 then, that is on the east side of the Hibiscus 9 Drive is that one building, then, to the right? 10 UNIDENTIFIED MALE VOICE: Correct. 11 UNIDENTIFIED MALE VOICE: Okay. And how is 12 that going to be facing? Is that facing 13 Rattlesnake Hammock? 14 UNIDENTIFIED MALE VOICE: It's actually the -- 15 the -- how do you call the front of the building? 16 The entry to the building will be on the 17 Rattlesnake Hammock side. The balcony from the 18 units will face the golf course. 19 UNIDENTIFIED FEMALE VOICE: The golf course, 20 which makes sense. 21 UNIDENTIFIED FEMALE VOICE: And is that 22 parking in front that I can see lightly? 23 UNIDENTIFIED MALE VOICE: Yes. 24 MR. ARNOLD: That's correct. This is all 25 parking and driveway. 10 1 UNIDENTIFIED FEMALE VOICE: And then that's 2 green space between the parking and the street? 3 MR. ARNOLD: Well, in their concept right now, 4 that's -- the architect is laying that out as their 5 dry detention system. 6 UNIDENTIFIED FEMALE VOICE: Okay. 7 MR. ARNOLD: We haven't engineered it, but I'm 8 not -- so I'm not sure -- 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 MR. ARNOLD: -- it's going to stay exactly 11 like that. 12 UNIDENTIFIED FEMALE VOICE: Okay. 13 MR. ARNOLD: But close. 14 Sir, in the back? You had a question. Sorry. 15 UNIDENTIFIED MALE VOICE: You're projecting -- 16 or you're requesting four-story buildings? 17 MR. ARNOLD: That's correct. 18 UNIDENTIFIED MALE VOICE: Correct. 19 UNIDENTIFIED MALE VOICE: There's not another 20 four-story development anywhere on the entire 21 Rattlesnake Hammock. How are -- is this going to 22 impact the property values all around here? 23 Because everything is one and two-story, and ours 24 is three, and that's the maximum. Four story seems 25 out of place. 11 1 MR. ARNOLD: Well, I think we went through 2 this at the last neighborhood meeting and at the 3 Planning Commission. I think your zoning actually 4 allows you to go higher than the three stories that 5 you were built, and I think part of that analysis 6 was that some of the other zoning to our west and 7 east allows higher -- higher units -- higher -- 8 taller units than had been constructed. 9 But I think, in reality, we're going back and 10 adding five feet to the height of this. We had 11 made provisions -- I mean, you're talking about, 12 you know, shoulder height to me of the additional 13 height we're asking. 14 UNIDENTIFIED MALE VOICE: Oh, oh. 15 UNIDENTIFIED MALE VOICE: Yeah. We're not 16 adding a story of height. 17 UNIDENTIFIED MALE VOICE: I misread the 18 letter. 19 MR. ARNOLD: Well, we're adding a story, 20 because the comprehensive plan language that got 21 adopted said that the maximum height should be 22 three stories. Our zoning document made provisions 23 for 45 feet and 50 feet, but when we're looking at 24 the four-story product, we're about five feet short 25 in being able to make that work. So that's why we 12 1 have to amend both the comp plan and the zoning 2 document. 3 But the reality is it's a five-feet difference 4 in height than what we had approved. 5 UNIDENTIFIED MALE VOICE: The total number of 6 units, is that -- 7 MR. ARNOLD: It stays at 64, which was 8 previously approved. 9 Yes, sir? 10 UNIDENTIFIED MALE VOICE: Are you placing any 11 kind of a barrier fencing, anything of that nature 12 on the east side of your property? 13 MR. ARNOLD: You mean against your property? 14 UNIDENTIFIED MALE VOICE: Yes. 15 MR. ARNOLD: I don't know. Have you thought 16 that far, if you're going to have a fence or wall 17 or anything? 18 UNIDENTIFIED MALE VOICE: No. 19 UNIDENTIFIED MALE VOICE: We haven't gotten 20 that far yet. 21 MR. ARNOLD: Okay. 22 UNIDENTIFIED FEMALE VOICE: What I thought was 23 in the original approval was that the -- the 24 vegetation that is there would stay there. 25 UNIDENTIFIED MALE VOICE: Uh-huh. 13 1 UNIDENTIFIED FEMALE VOICE: Yes, that's right. 2 MR. ARNOLD: Yeah, I think we said that 3 anything that wasn't exotic that we had to remove, 4 we would retain within our buffer. 5 UNIDENTIFIED FEMALE VOICE: Right. 6 UNIDENTIFIED MALE VOICE: What does it mean, 7 exotic? 8 MR. ARNOLD: Brazilian pepper, melaleuca. 9 There's a handful of other types of vegetation, but 10 those are the two most common that we typically 11 deal with in an urban setting. 12 UNIDENTIFIED MALE VOICE: Did you eliminate 13 them or something? 14 MR. ARNOLD: The county requires you to 15 eradicate them. 16 UNIDENTIFIED MALE VOICE: To get rid of -- 17 they're not -- 18 MR. ARNOLD: Yep. 19 UNIDENTIFIED MALE VOICE: They're not supposed 20 to be around, then? 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: The parking lot 25 facilities, will they be covered or open to the air 14 1 like a canopy? 2 MR. ARNOLD: Well, we made provisions for 3 there to be carports in the original approval. I 4 don't know if you've given any greater thought. 'r. 5 You don't have -- I don't see garages on those 6 drawings, so -- 7 UNIDENTIFIED MALE VOICE: No. Again, these 8 are concepts that we have, but we're looking at 9 that right now, some combination of possibly 10 carport or even enclosed garages along -- along 11 some of those parking spaces. 12 UNIDENTIFIED MALE VOICE: Is there going to be 13 any changes on Rattlesnake Hammock, you know, for 14 everybody making a left-hand turn into your place 15 like that, you know, there's only like seven, eight 16 cars there, but I mean, you're going to have 60 17 cars coming in there. Is it going to be backed up 18 all the way to Charlemagne or something like that? 19 MR. ARNOLD: No. There are existing turn 20 lanes that were analyzed as part of our original 21 zoning. And keep in mind, we thought everything 22 worked at the higher number of units. It was 23 reduced because the county was concerned about the 24 traffic impact. 25 So that was the reason that we had a 20-unit 15 1 reduction on our project. But there are turn lanes 2 that exist for -- 4; 3 UNIDENTIFIED MALE VOICE: Yeah, I know there's 4 a turn lane there, but I just wondered, you know, 5 is it going -- 6 UNIDENTIFIED FEMALE VOICE: It's a short turn 7 lane. 8 UNIDENTIFIED FEMALE VOICE: It is. 9 UNIDENTIFIED MALE VOICE: -- to hold enough 10 cars, you know, because I have to turn on that one, 11 too -- 12 MR. ARNOLD: Yeah. 13 UNIDENTIFIED MALE VOICE: -- you know, when 14 I'm coming -- when I'm going this way. I've got to 15 make a U-turn to get into my place. 16 MR. ARNOLD: Right. 17 UNIDENTIFIED MALE VOICE: You know, I don't 18 want to pay no $150, $200 unless (indiscernible) . 19 MR. ARNOLD: The Sheriff's Department really 20 (indiscernible) . 21 UNIDENTIFIED MALE VOICE: (Indiscernible) . 22 Okay. Well -- 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: Do you know, at this 25 stage, if you're going to be required to provide 16 1 any affordable housing? 2 MR. ARNOLD: We are not required to provide 3 affordable housing and we're not proposing it. 4 UNIDENTIFIED MALE VOICE: Okay. 5 UNIDENTIFIED FEMALE VOICE: How tall will the 6 unit ceilings be in this project? Will it be 7 eight, ten? 8 MR. ARNOLD: Nine. 9 UNIDENTIFIED FEMALE VOICE: Nine, okay. 10 MR. ARNOLD: Again, nothing is finalized yet. 11 UNIDENTIFIED FEMALE VOICE: I know. 12 MR. ARNOLD: But that's our plan, is to do 13 something in the nine-foot range. 14 Anything else from anybody? 15 UNIDENTIFIED MALE VOICE: No. Just keep us 16 informed, if you would, please. 17 MR. ARNOLD: Well, we don't have a hearing 18 schedule set definitely, do we, Nancy? This -- 19 MS. GUNDLACH: No, not yet. 20 MR. ARNOLD: This is proposed to go to the 21 Planning Commission and the Board of County 22 Commissioners primarily because of our 23 comprehensive plan change. If it was just the 24 zoning change, we might have been able to go a 25 different process, but I'm guessing, at this rate, 17 1 it certainly won't be any earlier than January, and 2 most likely February, given scheduling, Nancy. 3 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 4 UNIDENTIFIED MALE VOICE: Will everybody get 5 notified about that? 6 MR. ARNOLD: The county will send out notices. 7 If you received a notice of this meeting, you 8 should receive another notice. And then, of 9 course, the billboard signs will go up on our 10 property announcing those dates as well. 11 UNIDENTIFIED MALE VOICE: The meeting 12 (indiscernible) ? 13 MR. ARNOLD: Yeah, the big four by eight 14 signs. 15 UNIDENTIFIED MALE VOICE: Yeah. Don't put it 16 way in the back. Put it up in the front 17 (indiscernible) way in the back (indiscernible) . 18 UNIDENTIFIED FEMALE VOICE: Could you call Bob 19 and tell (indiscernible) where (indiscernible) . 20 MR. ARNOLD: Just give us your phone number. 21 We'll -- 22 UNIDENTIFIED MALE VOICE: I know about you 23 guys. 24 UNIDENTIFIED FEMALE VOICE: What are you 25 considering the average cost of these units? fi 18 1 MR. ARNOLD: I couldn't tell you. I don't 2 know. 3 UNIDENTIFIED FEMALE VOICE: Any ideas what 4 you're thinking? 5 UNIDENTIFIED MALE VOICE: You know, we're not 6 there yet. What we -- we'd like to try -- 7 UNIDENTIFIED FEMALE VOICE: You must have a 8 feel, though. 9 UNIDENTIFIED MALE VOICE: Yeah, you know, 10 we -- 11 UNIDENTIFIED FEMALE VOICE: Because 12 otherwise -- 13 UNIDENTIFIED MALE VOICE: Two million? 14 UNIDENTIFIED MALE VOICE: What's that? 15 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 16 UNIDENTIFIED FEMALE VOICE: Yeah, really. 17 UNIDENTIFIED MALE VOICE: You know, we'd like 18 to -- we'd like to come in, you know, just under 19 300,000 -- 20 UNIDENTIFIED FEMALE VOICE: Wow. 21 UNIDENTIFIED MALE VOICE: -- is the goal, if 22 we can. 23 UNIDENTIFIED MALE VOICE: You own Hibiscus. 24 UNIDENTIFIED MALE VOICE: And then raise 25 prices as quickly as possible. That's our goal. 19 1 UNIDENTIFIED FEMALE VOICE: And not put enough 2 money in your reserve (indiscernible) when you sell 3 them. 4 UNIDENTIFIED MALE VOICE: (Indiscernible.) A P 5 (Multiple simultaneous speakers.) 6 UNIDENTIFIED MALE VOICE: No. 7 UNIDENTIFIED FEMALE VOICE: We know how it is. 8 UNIDENTIFIED FEMALE VOICE: Assume that you've 9 been approved -- 10 UNIDENTIFIED FEMALE VOICE: Been down this 11 road. 12 MR. ARNOLD: One at a time, please. 13 UNIDENTIFIED MALE VOICE: What? 14 UNIDENTIFIED FEMALE VOICE: Been down this 15 road. 16 UNIDENTIFIED MALE VOICE: No. These will be 17 nice units. We are here. We're not going 18 anywhere. 19 UNIDENTIFIED FEMALE VOICE: Low condo fees, 20 sure. 21 UNIDENTIFIED MALE VOICE: Well, they will be 22 what it is. 23 UNIDENTIFIED FEMALE VOICE: Small reserves. 24 MR. ARNOLD: Yes, ma'am? 25 UNIDENTIFIED FEMALE VOICE: Assuming that you 20 1 all are approved in March, then, is it the next 2 month that it would go to the Board of County 3 Commissioners? 4 MR. ARNOLD: Well, there's about a 30 to 45 -- 5 typically, 30 to 45-day delay between Planning 6 Commission and board. 7 UNIDENTIFIED FEMALE VOICE: Okay. Maybe May, 8 then. How soon after -- 9 MR. ARNOLD: Well, I'm hopeful we can go 10 February and March -- 11 UNIDENTIFIED MALE VOICE: Yeah, me, too. 12 MR. ARNOLD: -- in terms of the schedule. 13 February Planning Commission. When I say February 14 and March, it would be February Planning Commission 15 and then March BCC. I mean, it really isn't very 16 complicated. So there's not a lot of reanalysis of 17 the project. It was just approved, what, six 18 months ago, so. 19 UNIDENTIFIED FEMALE VOICE: How quickly would 20 you start after that, then? 21 UNIDENTIFIED MALE VOICE: Very quickly. 22 UNIDENTIFIED FEMALE VOICE: Like within 30 -- 23 you'd have to get permits -- 24 UNIDENTIFIED MALE VOICE: Right. 25 UNIDENTIFIED FEMALE VOICE: -- which is going 21 1 to be -- 2 UNIDENTIFIED MALE VOICE: You know, as soon 3 as -- what you'll see next at the site, you'll see 1 4 a sales trailer. 5 UNIDENTIFIED FEMALE VOICE: Okay. 6 UNIDENTIFIED MALE VOICE: You know, once we 7 get the appropriate permitting and whatnot -- 8 UNIDENTIFIED FEMALE VOICE: Okay. 4 UNIDENTIFIED MALE VOICE: -- that will go out 10 there. And after that, we would start doing site 11 work on the property. And, again, we have to have 12 all of our approvals first before we can do that. 13 So I would think somewhere in the midsummer 14 time period. 15 UNIDENTIFIED FEMALE VOICE: It seems strange 16 that you don't have any floor plans or whatever 17 developed at this point if you're talking about 18 putting a sales trailer out there. 19 UNIDENTIFIED MALE VOICE: Yeah, we will by 20 that point in time. We hope to get a sales trailer 21 out there sometime in January. And by the time the 22 sales trailer is there, we'll have plans and 23 renderings and everything to show for the 24 marketing. 25 UNIDENTIFIED FEMALE VOICE: And you didn't 22 1 think of having them in time for -- to share with 2 the neighbors? 3 UNIDENTIFIED MALE VOICE: We're not ready. 4 We're not ready. And for this meeting, it doesn't 5 have anything to do with the floor plans. That 6 would be more of a marketing -- 7 UNIDENTIFIED FEMALE VOICE: Well -- well, 8 exactly. 9 UNIDENTIFIED FEMALE VOICE: You won't have to 10 have floor plans even when you go before the 11 Planning Commission, will you, nor the -- 12 UNIDENTIFIED MALE VOICE: No. I wish we had 13 them now. I mean, we'd love to be preselling, but 14 we're just not ready. 15 UNIDENTIFIED MALE VOICE: It said on one of 16 the things that you're going to put a stoplight at 17 the (indiscernible) . 18 MR. ARNOLD: No. 19 UNIDENTIFIED MALE VOICE: No? There's 20 something -- one of them said something about a 21 stoplight or something I was reading. No? 22 MR. ARNOLD: I don't think so, no. 23 Nancy, Sue, anything you all want to add? 24 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 25 ask for a stoplight down the road when all this 23 1 traffic finally hits Rattlesnake? Anything? 2 UNIDENTIFIED FEMALE VOICE: I'm not aware of 3 anything for a traffic light. 4 UNIDENTIFIED FEMALE VOICE: I think they 5 mentioned at the planning meeting that they were 6 going to ask the traffic engineers. The problem 7 with Rattlesnake Hammock is there isn't anything 8 else they can do. So, I think they were going to 9 look to the -- to the department -- what -- 10 UNIDENTIFIED FEMALE VOICE: Transportation? 11 UNIDENTIFIED FEMALE VOICE: Transportation, to 12 see if there was anything that could be done, but I 13 don't think there was much hope held out for that. 14 MR. ARNOLD: Yeah, they were -- I was going to 15 say they were either retaining a consultant or they 16 were going to do it internally, but they were 17 trying to get a better handle on the volumes of 18 traffic that are on the roadway today and the 19 capacity, and then look at what they could do 20 downstream of either traffic signal or do they need 21 other median openings. What can they do to help. 22 But the county's objective is to make traffic 23 move. 24 UNIDENTIFIED FEMALE VOICE: Right. 25 UNIDENTIFIED MALE VOICE: They don't really 24 1 care how long we have to sit here to get out. They 2 want to make sure the volume of traffic on 3 Rattlesnake keeps moving. 4 UNIDENTIFIED FEMALE VOICE: They probably 5 don't care how long (indiscernible) . 6 MR. ARNOLD: And I just wanted to add that one 7 of -- when we went through this thing the last 8 time, the county had wrong numbers for the actual 9 traffic on Rattlesnake. They overstated the amount 10 of traffic that was out there by, I think, a few 11 hundred trips. 12 So one of the -- 13 UNIDENTIFIED MALE VOICE: Those were peak 14 (indiscernible) trips. 15 MR. ARNOLD: Those were peak (indiscernible) 16 trips. 17 So one of the reasons we got limited to the 18 number of density we had was the county said we're 19 over capacity already when they really -- when they 20 updated their numbers, they realized they're not 21 over capacity. 22 So they -- and it's okay. We're not trying to 23 get more units, and that's why the 80 went down to 24 64, but some of the information you received saying 25 that, oh, you know, it's over capacity is 25 1 incorrect, and the county has since corrected those 2 numbers. 3 UNIDENTIFIED MALE VOICE: What I see, I see a 4 parking lot full of golfers over here, okay? And 5 then I see 65 -- 64 units? 6 MR. ARNOLD: 64. 7 UNIDENTIFIED MALE VOICE: Everyone has one 8 car, at least one car. So that's -- 9 MR. ARNOLD: But the peak hours -- they base 10 it on peak hour, and peak hour for residential is 11 different than peak hour for golf course when the 12 county looks at traffic. 13 So that's why they concluded we didn't have a 14 problem with the 64 units. 15 UNIDENTIFIED MALE VOICE: Well, I don't know 16 what time the golf course opens up, 9:00? I don't 17 play golf, so I don't -- 18 UNIDENTIFIED FEMALE VOICE: Seven. 19 UNIDENTIFIED MALE VOICE: Seven? Well, that's 20 just right during the rush hour, then, people 21 pulling in. That's when people pulling in there, 22 you know, they get in -- 23 MR. ARNOLD: I think the county is comfortable 24 with our traffic impacts and that we've mitigated 25 for them through a reduction in traffic and paying 26 1 some money toward the county's bus system to allow 2 some of our residents, if they deem necessary, or 3 other people in the corridor, to get bus passes so 4 they don't have to use the road. 5 UNIDENTIFIED MALE VOICE: Okay. 6 UNIDENTIFIED FEMALE VOICE: Because that was 7 written into the document, I believe also. 8 MR. ARNOLD: That's correct, yes. 9 UNIDENTIFIED FEMALE VOICE: Yeah. 10 UNIDENTIFIED FEMALE VOICE: At the meeting in 11 May; I personally brought up the fact that were 12 they aware that, in order to go west on Rattlesnake 13 Hammock, how far did they have to go before they 14 could, you know, pass the, you know, make the 15 U-turn and get back to their point of beginning, so 16 to speak. 17 MR. ARNOLD: Uh-huh. Yep. 18 UNIDENTIFIED FEMALE VOICE: And it's, you 19 know, up towards a mile that they have to go. And 20 they -- everybody seemed very unaware of that. 21 MR. ARNOLD: I don't know that it's a mile. 22 UNIDENTIFIED FEMALE VOICE: It's very close to 23 it. 24 MR. ARNOLD: But I will say you've got to go a 25 distance to make that U-turn, but that was all 27 1 debated previously, and I think everybody was 2 comfortable knowing that that's (indiscernible) . 3 UNIDENTIFIED MALE VOICE: Who's comfortable 4 with that? 5 MR. ARNOLD: The county. (Indiscernible) . 6 UNIDENTIFIED MALE VOICE: The county? 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) ? 8 UNIDENTIFIED MALE VOICE: The traffic issue, 9 Dan, has essentially been approved. 10 UNIDENTIFIED MALE VOICE: Yes. 11 UNIDENTIFIED FEMALE VOICE: Yes. 12 MR. ARNOLD: Yes. 13 UNIDENTIFIED FEMALE VOICE: Well, I think 14 that's why they reduced the number -- 15 UNIDENTIFIED MALE VOICE: Right. 16 UNIDENTIFIED FEMALE VOICE: -- from 84 to 17 64 -- 18 UNIDENTIFIED MALE VOICE: Right. 19 UNIDENTIFIED FEMALE VOICE: -- was to somehow 20 accommodate that traffic. 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Yep. 23 MR. ARNOLD: And these gentleman -- what's the 24 number, $25,000 or something like that you're 25 required to pay towards the CAT system of some 28 1 sort? 2 UNIDENTIFIED MALE VOICE: Right. 3 UNIDENTIFIED FEMALE VOICE: The bus stop, 4 yeah. 5 MR. ARNOLD: Yeah. 6 UNIDENTIFIED MALE VOICE: The parking for the 7 three buildings to the west -- 8 UNIDENTIFIED MALE VOICE: Uh-huh. 9 UNIDENTIFIED MALE VOICE: -- is that in the 10 rear? 11 UNIDENTIFIED MALE VOICE: Correct. Yes. 12 UNIDENTIFIED MALE VOICE: It is in the rear, 13 okay. 14 UNIDENTIFIED MALE VOICE: What's that -- 15 what's that -- 16 UNIDENTIFIED FEMALE VOICE: Yes. I was going 17 to say, what is in front, then? I'm sorry 18 (indiscernible) . 19 UNIDENTIFIED MALE VOICE: What is that, is 20 that water there, the wave like that? 21 MR. ARNOLD: Here? 22 UNIDENTIFIED MALE VOICE: Yes. 23 UNIDENTIFIED MALE VOICE: Are you going to 24 have a pond, too? 25 UNIDENTIFIED MALE VOICE: A lake. 29 1 UNIDENTIFIED MALE VOICE: A lake? 2 MR. ARNOLD: That's on the west side of the 3 entrance. 4 UNIDENTIFIED MALE VOICE: (Indiscernible) . 5 (Multiple simultaneous speakers.) 6 MR. ARNOLD: I think they occur naturally 7 after time. 8 UNIDENTIFIED MALE VOICE: Oh, yeah, yeah, 9 yeah. I know they fill up (indiscernible) bring 10 them in. I know that. Oh, that sounds good. 11 UNIDENTIFIED FEMALE VOICE: And how many 12 parking units -- parking spaces are you allowing 13 per unit? 14 MR. ARNOLD: It varies, depending on the size 15 of unit, whether or not it's a one bedroom, two 16 bedroom, et cetera, and I don't know their mix to 17 tell you how many parking spaces we're going to 18 have. 19 UNIDENTIFIED MALE VOICE: Right now, the total 20 provided on this plan is 139 spaces. 21 UNIDENTIFIED FEMALE VOICE: 139 spaces and -- 22 UNIDENTIFIED MALE VOICE: And the requirement 23 we have is 128. 24 UNIDENTIFIED FEMALE VOICE: That's more than 25 two. 30 1 MR. ARNOLD: Well, we have to account for the 2 clubhouse parking, handicap parking, et cetera, as 3 well, so. 4 UNIDENTIFIED MALE VOICE: Uh-huh. 5 UNIDENTIFIED FEMALE VOICE: So to the -- my 6 left of the driveway there is your clubhouse. 7 What's the dark? 8 UNIDENTIFIED MALE VOICE: That's the proposed 9 clubhouse. 10 UNIDENTIFIED FEMALE VOICE: That's the -- what 11 is behind it, then? 12 MR. ARNOLD: That's a swimming pool. 13 UNIDENTIFIED MALE VOICE: A pool. 14 UNIDENTIFIED FEMALE VOICE: Behind it? 15 MR. ARNOLD: This would be the clubhouse 16 structure. 17 UNIDENTIFIED FEMALE VOICE: Okay. 18 MR. ARNOLD: This is the proposed pool 19 structure. 20 UNIDENTIFIED MALE VOICE: And that's parking. 21 UNIDENTIFIED FEMALE VOICE: Oh, parking, okay. 22 It's real hard to see from here. 23 UNIDENTIFIED MALE VOICE: Are the people just 24 going to use that there, not the golf course people 25 or anything (indiscernible) ? 31 1 UNIDENTIFIED MALE VOICE: No, no, no, just the 2 people who -- 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MR. ARNOLD: Residents only. 5 UNIDENTIFIED MALE VOICE: Okay. 6 MR. ARNOLD: Anything else from anybody who 7 hasn't had a chance to speak? Anything else? 8 UNIDENTIFIED FEMALE VOICE: Will that be a 9 public clubhouse. 10 UNIDENTIFIED MALE VOICE: No. 11 UNIDENTIFIED FEMALE VOICE: Or just 12 exclusively for -- 13 UNIDENTIFIED FEMALE VOICE: Just residents. 14 UNIDENTIFIED MALE VOICE: Just for the condos. 15 UNIDENTIFIED FEMALE VOICE: Just for the 16 residents of the condos? 17 UNIDENTIFIED MALE VOICE: Correct. Yeah. 18 MR. ARNOLD: Sue, Nancy, anything else? 19 UNIDENTIFIED FEMALE VOICE: No. 20 UNIDENTIFIED FEMALE VOICE: No. 21 MR. ARNOLD: Are we ready to close it down? 22 All right. Thanks for coming, everybody and -- 23 UNIDENTIFIED FEMALE VOICE: Thank you. 24 MR. ARNOLD: -- appreciate it. 25 (Recording concluded.) 32 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 31 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. . 15 16 SIGNED AND CERTIFIED: 17 18 Date: December 16, 2015 Joyce B. Howell 19 20 21 22 23 24 25 HIBISCUS RPUD PU DA- PL20150002326 February 18, 2016 CCPC Backup Material GradyMinor Cover Letter le GradyMinor 111 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 9, 2015 Ms. Nancy Gundlach Principal Planner Collier County Growth Management Division/Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD Dear Ms. Gundlach: Attached, please find copies of a Collier County application for Public Hearing for a PUD Insubstantial Change for properties located on the south side of Rattlesnake Hammock Road at Hibiscus Drive. This PUD Insubstantial change proposes to amend Ordinance 2015-25 by revising Exhibit B, Development standards, to increase the building height for multi-family from zoned 45 feet and actual 50 feet to zoned 50 feet and actual 55 feet and to revise Exhibit F, List of Development Commitments, Iteml.a to increase the number of units allowed per building from 12 to 16. A companion Small Scale Growth Management Plan amendment is being submitted simultaneously with the Insubstantial Change to a PUD application to amend the number of stories allowed from three to four. Enclosed please find the following items for the Insubstantial Change to a PUD application: 1. Check in the amount of$2,525.00 for review fee 2. CD of Submittal 3. Completed Application—16 Copies 4. Project Narrative and Detail of Request—16 Copies 5. Revised Text—16 Copies 6. Warranty Deed—16 Copies 7. Plat—16 Copies 8. List Identifying Owner&All Parties of Corporation—2 Copies 9. Affidavit of Authorization—2 Copies 10. Addressing Checklist—1 Copy 11. Location Map—1 Copy Q. Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151. LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Ms.Nancy Gundiach RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD October 9, 2015 Page 2 of 2 12. Ordinance 2015-25 Please feel free to contact me should you have any questions. Sincerely, tJ. D. Wayne Arnold,AICP c: Via Email David Nassif Al Moscato Richard D. Yovanovich, Esq. GradyMinor File p'9 9\\C3' '0" ISGvaa)Nvoov Co iier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ig Amendment to PUD(PUDA): LDC subsection 10.02.13 E.and Ch. 3 G. 2 of the Administrative Code n PUD to PUD Rezone(PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Applicant(s): Nassif Golf Ventures, LLC Address: 225 Banyan Boulevard, Suite 240 City: Naples State: FL Zip: 34102 Telephone: 239.234.5941 Cell: Fax: E-Mail Address: david @nmdev.com Name of Agent: D. Wayne Arnold / Richard D. Yovanovich Firm: Q. Grady Minor and Assoc., P.A. /Coleman, Yovanovich and Koester, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239.947.1144 Cell: Fax: E-Mail Address: warnold @gradyminor.com / ryovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these,regulations. 4/15/2015 Page 1 of 16 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION 1 Please complete the following information,if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common,or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership David W. Nassif 100% 225 Banyan Boulevard, Suite 240 Naples, Florida 34102 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership N.A. 4/15/2015 Page 2 of 16 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries, or partners: Name and Address %of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N.A. g. Date subject property acquired June 2004 n Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. 4/15/2015 Page 3 of 16 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 REZONE REQUEST This application is requesting a rezone from: RPUD Zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Residential Proposed Use(or range of uses)of the property: Residential Original PUD Name: Hibiscus RPUD Ordinance No.: 2015-25 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district,the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1"to 400'scale), if required to do so at the pre-application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 19 /50 /26 Lot: 1 & 2 Block: Subdivision: Hibiscus Golf Course Metes&Bounds Description: LOT 1,LOT 2,AND TRACT"R",HIBISCUS GOLF COURSE,AS RECORDED IN PLAT BOOK 49 PAGES 3&4 Plat Book: 49 Page#: 3&4 Property I.D. Number: 49706500027,49706500043 and 49706500140 Size of Property: ft.x ft.= Total Sq. Ft. Acres: 7.9+1- Address/General Location of Subject Property: South side of Rattlesnake Hammock Road at Hibiscus Drive PUD District(refer to LDC subsection 2.03.06 C): ❑ Commercial ❑ Residential ❑Community Facilities ❑ Industrial ❑ Mixed Use ❑Other: 4/15/2015 Page 4 of 16 CO er C014.14ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N ROW,MH,C-3 Rattlesnake Hammock Rd, Riviera MH Park,retail center S GC Hibiscus Golf Course E RMF-16 Residential W ROW,RSF-3 Doral Circle,residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 19,20/50 /26 Lot: Block: Subdivision: Lely Golf Estates Tract Map and Hibiscus Golf Course Plat Book: Page#: Property I.D. Number: 55150040004 and 49706500247 Metes& Bounds Description: ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Treasure Point Homeowners Mailing Address: 3400 Tamiami Trail N, Suite 302 City: Naples State: FL Bp: 34103 Name of Homeowner Association: Riviera Community Association, Inc. Mailing Address: 5495 Bryson Drive, Suite 412 City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Country Club Manor Condominium Association of Naples, Inc. Mailing Address: 5495 Bryson Drive, Suite 412 City: Naples State: FL ZIp: 34109 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 4/15/2015 Page 5 of 16 Co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application,provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions:The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Previous land use petitions on the subject property:To your knowledge, has a public hearing been held on this property within the last year? If so,what was the nature of that hearing? Yes PL20140000193/CPSS-2014-1,GMPA AND PUDZ-PL20140000179,PUD Rezone Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? F1 Yes ❑ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting(NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s)after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695,FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the; rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of"sufficiency". Further review of the request will be subject to the then current code. 1 / 4/15/2015 Page 7 of 16 Pussifiliver5 % ID Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierxov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: u PUD Rezone-Ch. 3 G. 1 of the Administrative Code n Amendment to PUD-Ch.3 G.2 of the Administrative Code C PUD to PUD Rezone-Ch.3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of ❑ ❑ ❑ why amendment is necessary Completed Application with required attachments ❑ ❑ n Pre-application meeting notes ❑ ❑ ❑ Affidavit of Authorization,signed and notarized 2 ❑ ❑ Notarized and completed Covenant of Unified Control 2 ❑ Completed Addressing Checklist 2 ❑ Warranty Deed(s) 3 ❑ ❑ List Identifying Owner and all parties of corporation 2 ❑ ❑ Signed and sealed Boundary Survey 4 ❑ ❑ Architectural Rendering of proposed structures 4 ❑ ❑ Current Aerial Photographs (available from Property Appraiser)with project boundary and, if vegetated, FLUCFCS Codes with legend included 5 ❑ ❑ on aerial. Statement of Utility Provisions 4 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 4 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement(EIS)packet at time of public hearings.Coordinate with ❑ ❑ ❑ project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include 4 ❑ ❑ copies of previous surveys. Traffic Impact Study 7 ❑ ❑ Historical Survey 4 ❑ ❑ School Impact Analysis Application, if applicable 2 ❑ ❑ Electronic copy of all required documents 2 ❑ ❑ Completed Exhibits A-F(see below for additional information)+ ❑ ❑ ❑ List of requested deviations from the LDC with justification for each(this ❑ ❑ ❑ document is separate from Exhibit E) Revised Conceptual Master Site Plan 24"x 36"and One 8 Y" x 11"copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24"x 36"—Only if ❑ ❑ ❑ Amending the PUD Checklist continued onto next page... 4/15/2015 Page 11.of 16 $ rGuntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Revised PUD document with changes crossed thru&underlined ❑ ❑ _ ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit C:Master Plan-See Chapter 3 E. 1.of the Administrative Code ❑ Exhibit D:Legal Description ❑ Exhibit E:List of Requested LDC Deviations and justification for each ❑ Exhibit F:List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding"Wildfire Mitigation&Prevention Plan." PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy El Conservancy of SWFL:Nichole Ryan Lockheart El Utilities Engineering:Kris VanLengen El Parks and Recreation:Vicky Ahmad El Emergency Management:Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS ❑ Pre-Application Meeting: $500.00 ❑ PUD Rezone:$10,000.00* plus$25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus$25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus$25.00 an acre or fraction of an acre ❑ Comprehensive Planning Consistency Review:$2,250.00 El Environmental Data Requirements-EIS Packet(submittal determined at pre-application meeting): $2,500.00 ❑ Listed or Protected Species Review(when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: o Methodology Review: $500.00,to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review:$750.00 o Major Study Review$1,500.00 ❑ Legal Advertising Fees: o CCPC: $925.00 o BCC:$500.00 El School Concurrency Fee,if applicable: 4/15/2015 Page 12 of 16 Hibiscus RPUD Exhibit 2 Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. Narrative Statement Describing Request The Hibiscus RPUD was approved in 2015 as Ordinance 2015-25. The property owner/developer is proposing minor changes to the PUD document, which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. PUD Rezone Considerations(LDC Section 10.02.13.8) a. 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 Hibiscus RPUD lies within the Urban Designation, Mixed Use District, Urban Residential Subdistrict. The residential infill project would continue a pattern of residential development consistent with the character and intensity of other residential development along the Rattlesnake Hammock Road corridor. Access to the project will be provided from both Hibiscus Drive and Doral Circle. Infrastructure is in place to support the 64 residential dwellings. The proposed minor 5 foot height increase for both the zoned and actual building heights are compatible with other conventional zoning districts, which have zoned heights of 50 feet. The C-3 and RMF-16 Zoning Districts, which are proximate to the site, permit zoned heights of 50 feet and 75 feet respectively. The conventional districts have no actual height limitation and therefore permit heights that can exceed the heights proposed in this application. b. 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 Page lof3 Hibiscus RPUD Exhibit 2 Evaluation Criteria operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant controls the land within the Hibiscus RPUD. c. Conformity of the proposed PUD with the goals,objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) The Hibiscus RPUD is located in the Urban Designation, Mixed Use District, Urban Residential Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. Nothing is proposed which makes the project inconsistent with the Policies of the GMP. The Hibiscus FLU Subdistrict was previously approved authorizing the intensity of development. Further a small-scale plan amendment has been filed to amend the number of stories allowed from three to four, consistent with the proposed PUD modifications. d. 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 residential use is compatible with surrounding land uses, many of which have been developed or are zoned to permit similar development intensity to that proposed. the height is in keeping with the adjacent C-3 and RMF-16 Zoning Districts. e. The adequacy of usable open space areas in existence and as proposed to serve the development. A minimum of 60% usable open space will be provided within the RPUD as required by the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. At this time there are no known deficiencies Page 2 of 3 Hibiscus RPUD Exhibit 2 Evaluation Criteria for any public facility. It is intended that the project will be developed in one single phase of construction. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Hibiscus RPUD is undeveloped and is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD is consistent with LDC provisions for PUDs and no new deviations are proposed in this application. The proposed height increase will permit greater site planning flexibility and permit a more modern building design for the multi-family units. Page 3 of 3 Covenant Unified Control 10 GradyMinor 9, MUTALL_F_,:11..?; t )11V7i.g:;-;,3 4�j''..i...;.ii i)A ..,f41=sj. Vl j!u ftly f �li ${,:l.EY (`039"3.2 e41,:i FAX.. F` 3Y.itj' COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers 49706500027,49706500048 and 49706500140 (Street address and City,State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Residential planned unit development (RPUD) zoning. We hereby designate Q.Grady Minor and Assoc.,P.A.and Coleman.Yovanovich&Koester,P.A., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant Is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of a planned unit development and the County may stop ongoing construction activity until the project is bro tkinto corn•lie•ce w; all terms,conditions and safeguards of the planned unit development. e Owner David Nassif as Managing Member Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to(or affirmed)and subscribed before me this i1G.{ day of 0%i- , y 2015 by who is person51Wkiwyin'Lo cow as identification. �.,.... •�.�+,,a. DAWN JERULLE ► `'.. it , Notary Public•State of Florida t • • My Comm.Expires Sep 20,2018 ' s'Notar Public Commission•FF 184106 y I ' ' 8dtdsdMw pNgbnMNotsyAssn. {Name typed,P rinted or stamped) 4/15/2015 Page 10 of 16 EXHIBIT A LOT 1, LOT 2, AND TRACT"R", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; Project Narrative Ea GradyMinor Hibiscus RPUD Insubstantial Change to a PUD Project Narrative and Detail of Request Project Narrative The Hibiscus RPUD was approved in 2015 as Ordinance 2015-25. The property owner/developer is proposing minor changes to the PUD document which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.l.a to increase the number of units allowed per building from 12 units to 16 units. Detail of Request Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial,Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section,a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or N/A b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; N/A c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such,or 5 acres in area; No net change in preserve, recreation or open space results from this amendment. October 6,2015 d. There is a proposed increase in the size of areas used for nonresidential uses,to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; No increase in non-residential uses or areas for non-residential uses are proposed. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the request. f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No new uses are proposed. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Adequate area exists on-site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The proposed modification in building height will not result in an incompatible land use relationship due to building setbacks and buffering standards. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD and proposed changes are consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD October 6,2015 master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this Code; or The project is not a DR][. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 The proposed modifications do not meet the standards for a substantial modification and create no external impacts. October 6,2015 Proposed PUD Revisions ElGradyMinor Hibiscus RPUD Amend Ordinance Number 2015-25 EXHIBIT B, DEVELOPMENT STANDARDS, ATTACHED TO ORDINANCE NUMBER 2015-25, THE HIBISCUS RPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT B FOR HIBISCUS RPUD DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI-FAMILY DETACHED ZERO LOT LINE Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A Minimum Lot Width 40 feet 18 feet 30 feet N/A Minimum Lot Depth 75 feet 80 feet 75 feet N/A Minimum Front Yard Setback*1, *3 20 feet 20 feet 20 feet 20 feet Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet Dora!Circle 20 feet 50 feet 20 feet 50 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet*2 10 feet 10 feet external Minimum Rear Yard Setback 10 feet 15 feet 10 feet 15 feet Minimum Drainage Easement 0 feet 0 feet 0 feet 0 feet Setback Maximum Building Height Zoned 30 feet 45 feet 30 feet 45-50 feet Actual 35 feet 50 feet 35 feet 0-55 feet Minimum Distance Between 10 feet 20 feet 10 feet 20 feet Buildings - Floor Area Min. (S.F.),per unit 1,500 SF 750 SF 1,500 SF 750 SF Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A ACCESSORY STRUCTURES Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet 10 feet 10 feet external Minimum Rear Yard Setback 5 feet _ 10 feet 10 feet 10 feet Minimum Drainage Easement 0 feet 0 feet 0 feet 0 feet Setback Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet Minimum Distance Between 10 feet 0/10 feet 0/10 feet 0/10 feet Buildings Maximum Height Zoned 20 feet 20 feet 20 feet 20 feet Actual 25 feet 25 feet 25 feet 25 feet Words underlined are additions;words:trthrough are deletions Hibiscus RPUD,PDJ Last Revised 10/05/2015 Page 1 of 3 Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.All parking areas must remain dear of sidewalks. *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement. Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words underlined are additions;words are deletions Hibiscus RPUD,PDI Last Revised 10/05/2015 Page 2 of 3 EXHIBIT F, LIST OF DEVELOPER COMMITMENTS, ATTACHED TO ORDINANCE NUMBER 2015-25, THE HIBISCUS RPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT F FOR HIBISCUS RPUD LIST OF DEVELOPER COMMITMENTS 1. PLANNING a. Building massing: No building shall contain more than 42-16 units, or have a wall length greater than 200 feet. Words underlined are additions;words struck-through are deletions Hibiscus RPUD,PD1 Last Revised 10/05/2015 Page 3 of 3 Warranty Deed icGradyMinor 4.. "- L- 14 -6 3419347 OR: 3585 PG: 1982 RECORDED in OFFICIAL RECORDS of COLLIER COU1MF, IL 06/11/2004 at 02:351K DVIG1! I. 810CR, CLUE CURS 3500000.00 This instrument prepared by: RIC us 44.00 Marjie C.Nealon,Esq. DOC-.70 26600.00 Bilzin Sumberg Baena Price&Axelrod LLP Retn: 200 South Biscayne Boulevard BILSII SUKBBRG I! AL Suite 2500 200 S BISCAUUE BLVD 12500 Miami,FL 33131 MIAMI FL 33131 5340 SPECIAL WARRANTY DEED THIS INDENTURE,made as of the 044 day of June,2004 between WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT, DATED AS OF NOVEMBER 11, 1998, BY AND AMONG CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. ("DEPOSITOR")AND NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AMONG OTHERS (FOR DEPOSITOR'S COMMERCIAL MORTGAGE PASS- vi.' : .GUCERTIFICATES, SERIES 1998-FL2) ("Grantor"), whose address is do • , : ''<s •• = I 601 Washington Avenue, Suite 700, Miami Beach, Florida 33139, •• :) • NASS I r• ...CI • VENTURES, L.L.C., a Florida limited liability company("G ,to ,whose address is 9 `: leria Court, Suite 316,Naples, Florida 34109 and whose tax•:yer d • cat:. . • ,,• : is .ito Grantor, for : • :,4 c . R' �� • h . the :S •:. • + nand No/100 U.S. Dollars ($10.00), lawful money of , 'ted States of • ill 'ca, to • y• hand paid by Grantee, at or before the unsealing and deliv '. • these presents, • -'41`- .i.,y 'ch is hereby acknowledged, has granted, bargained, sold, : • remised, released, • = ed and confirmed and by these presents does grant,bargain,sell, • •,'se,rel : ' and confirm unto Grantee and its successors and assigns forever, the •: s i • , lying and being in the County of Collier, State of Florida, and more p. i'',1-7; • scribed on the attached Exhibit A (the "Property"). • Subject however,to the following: (a) Real property taxes and assessments for the year 2004 and thereafter; (b) Zoning and other regulatory laws and ordinances affecting the Property; (c) Matters which would be disclosed by an accurate survey; (d) Any plat affecting the Property;and (e) Easements, rights of way, limitations, conditions, covenants, restrictions, and other matters of record. 1724961188171 M 679476 v 1 6/2/04 1:43 PM 4 • OR; 3585 PG: 1983 IP TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of any persons claiming by,through or under Grantor,but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the in the presence of: WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK ' ' ' s TA, NATIONAL ASSOCIATION, \I' ' 1 OWN AS NORWEST BANK ,{'� + i�* ATIONAL ASSOCIATION, AS TRUST +ER THAT CERTAIN ' • I It, . AN . 'VICING AGREEMENT, + '. D OF a MBER 11, 1998,BY AND 4-A-7,,,,,i7 ' .UISSE FIRST BOSTON P &1 CURITIES CORP. C1 � - •:� + NORWEST BANK r-' + A"1R ONAL ASSOCIATION, AMON j-, t (FOR DEPOSITOR'S COMMER MORTGAGE PASS- Q,4, TIIROU ' TIFICATES, SERIES 1998- 7Ipt,? IRC By: Lennar Partners, Inc., a Florida corporation, its attorney-in-fact IP Si:, . i .4 _ ..� ',. 4...i By: -(SEAL) Print 1%1; . �?�_ :.`..A. Name: Steven D.Ferreira Title: Vice President Si . , : .C-.. Ilik MIL Print N. ,ef aw%.X. •✓ 172496118817k t/679476 v 1 6/2/04 1:43 PM -2- OR: 3585 PG: 1984 t STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this LI day of June, 2004 by Steven D.Ferreira as Vice President of Lennar Partners, Inc.,a Florida corporation,as attorney- in-fact for WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL . ASSOCIATION, FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT, DATED AS OF NOVEMBER 11, 1998, BY AND AMONG CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. ("DEPOSITOR") AND NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AMONG OTHERS (FOR DEPOSITOR'S COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 1998-FL2), on behalf of the trust. He C3-fpersonally known to me or 0 has produced a driver's license as identification. COO- �' Notary Public'`' C'_ ii kn 114_ My Commission Expires: ' Y°•'''' • CAROL J.ABELL JRA (i1 fay Public-State of Florida _ • ' Comnrisbn Sep la z IV„..„,/ Commission tDD150949 1 Bonded By Notbnal Notary Assn. 1( 4/E Cl% C• Tax Folio Numbers: 55150040004; 55150120005; 5048084; and 5515028000 • 1724961188171#679476 v 62/04 1:43 PM -3- T OR: 3585 PG: 1985 EXHIBIT"A" LEGAL DESCRIPTION A parcel of land lying in Sections 19 and 20,Township 50 South,Range 26 East,Collier County, Florida,and more particularly described as follows: All of Tract "A" and Tract "AN' as shown on LELY GOLF ESTATES Tract Map, as recorded in Plat Book 8,page 20 of the Public Records of Collier County,Florida; and An area of land located at the Northwest tip of Tract "E" as shown as a lake exception on PINEHURST ESTATES Plat as recorded in Plat Book 12, Page 1 of the Public Records of Collier County,Florida,hereinafter designated as Tract"AB"; LESS AND EXCEPTING from the above - Ce following described parcels: Less: An area of land previously . ..1:. ' as The ...Art: ility of Lely Estates lying to the North of the FOREST HILLS •N of the Lely Got s as recorded in Plat Book 10, Page 84 of the public recur' of f o'_er o • ' o s: he - : ' -r designated as Tract "AC" and more particularly,descri.-d : fo ow From a Point of Beginning :t th. 'rth -3 . l'{�` 1 :1 '4,of said FOREST HILLS l .4 SECTION as described a•. e ... • �u, s .w�� - s 1 -, :- .14. for 29.07 feet; thence run North 43 degrees 33'59" W .r 128.61 feet; the'':• - N N. 62 degrees 59'42" West for 51.57 feet;thence run North • s 08'16" West .5 i ,thence run North 43 degrees 33'59"West for 237.39 feet;the � , North 32 degrees I' " ' est for 205.38 feet;thence run North 77 degrees 23'56" East for r •thence 4 11►, _ ,,, 0 degrees 44'51"East for 351.14 feet; thence run South 62 degrees ' .P. t 'a " • feet; thence run South 45 degrees 1178"West for 300.00 feet to the Point o • -: :; and Less: An area of land located at the Northwest corner of Tract "K" as recorded in LELY GOLF ESTATES, Plat Book 8, page 20 of the Public Records of Collier County, Florida, and hereinafter designated as Parcel II,and more particularly described as follows: Beginning at the Northwest corner of Tract"K" as described above,run North 39 degrees 06'20" West along the Northeasterly right of way line of U.S. 41 and the Southwesterly line of Tract A for 266.50 feet;thence run North 50 degrees 53'40"East for 35.00 feet;thence South 78 degrees 00'02"East for 342.41 feet;thence run South 50 degrees 53'40" West for 250.00 feet to the Point of Beginning; and a, . • **" OR: 3585 PG: 1986 *** Less: An area of land located at the Northwest corner of Tract "K" as previously described above,hereinafter designated as Parcel III and more particularly described as follows: Starting at the Northwest corner of Tract"K",as described,run North 50 degrees 53'40"East for 150.00 feet to the Point.of Beginning; thence run North 50 degrees 53'40" East along same line for 100.00 feet; thence run South 57 degrees 42'10" East for 362.41 feet; thence run North 71 degrees 13'07" West for 405.53 feet to the Point of Beginning; and Less: An area of land located on Forest Hills Boulevard, and hereinafter described as Parcel IV and more particularly described as follows: Begin at the Northernmost corner of Lot 18, Block 19 of LELY GOLF ESTATES, ST. ANDREWS EAST ADDITION,as recorded in Plat Book 10, page 98, of the Public Records of Collier County, Florida, and run South 33 degrees 27'04" West for 143.73 feet;thence North 11 degrees 14'57" West for 57.93 feet; thence : . • •e a ees 47'38" West for 73.75 feet; thence North 30 degrees 04'33"East for 58. • ansQea',L . ' degrees 32'56" East for 103.28 feet to the Point of Beginning; ©\-) and Less: That certain three foot stri . LL.24$ el ,111,1t .: ;f = le to the rear(South)property line of Lot 37, Block 12, P'i -h 12 - • . ' Pat I *If in Plat Book 12,Page 1, of the Public Records of Col „ � •, s ' • E.-4 ..0 V Off, -0- ?'1ECI • 2 Plat III GradyMinor • la 1 klEirbi ,sj 0. 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Q_ p . 3 g IMMESH 3 _ b I:VIvisielialsNiT..,•0-g2IMI I-----7----.-:.--_-:--------- i --- ...-_________ •-.............__ . . r- K.T1T IVCALIS ii7111511"‘ ) ..... g/k> r•, ; 1 I ' ' ......... .......___ ---I :1' 1 I .1 1 4 I i V I 3- r , 0 i ks.ip _,, ik1 i c,.Vit • 1,3- I ilta : RI r i i k....• s•-•-.,,,.., ,,„.., .s-:4 " ..... 6 1_.-- I I , - _ ,,...-...T.., -- - 1 ; . El.lem _ _ ________1 5., ,.... List Identifying Owners /Ll GradyMinor Hibiscus RPUD Exhibit 1 Disclosure of Interest Information List Identifying Owner(s)and All Parties of Corporation and/or Trust b. If the property Is owned by a CORPORATION,list the officers and stockholders and the percentage of stock owned by each: Nassif Golf Ventures,LLC 225 Banyan Boulevard,Suite 240 Naples,Florida 34102 Officers/Stockholders Percentage of Ownership/Stock t M i c,�. N ssIF /00 • Page 1of1 Affidavit of Authorization IIIGradyMinor AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S),PL2o15000Doot HRascus RPUD I, David Massif (print name),as Managing Member (title,if applicable)of Massif God Ventures.LLC (company,if a licable),swear or affirm under oath,that I am the(choose one)owner( ,' I applicantncontract purchaserrland that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. i have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q.Grady Minor and Assoc...P.A.and Coleman,Yovanovkh and Koester,P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's`Managing Member." • lithe applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust,then they must include the trustee's name and the words`as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under aides of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated" it are ifil . ill • . (oft 7 /5 S nett r Date STATE OF FLORIDA COUNTY OF COLLIER 1 The foregoing i strument was morn to(or affirmed)and subscribed before me on j 1'I. 4. t 11'5 (date) by n m' k it 5} • (name of person providing oath or affirmation), as -____ -° who is personally known-to me or who as produced - ' (type of identification)as identification. 4)(691,0 STAMPiSEAL Signature of Nty lic I $014"4,••• DAWN JERULLE ►t . Notary Public•Slats of Florida i My Comm.Expires Sep 29.2016 I ( �:, ,,• Commission 9 FF 164105 1 "4:e'','" imidprouOIA NNI_ ! arn_. CP1o8-COA-001151155 REV 3/4/14 Addressing Checklist ElGradyMinor Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) D OTHER PUD and Small-Scale Plan Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Hibiscus Golf Course Lots 1, 2 and Tract R - S20, T50S, R26E FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) 49706500043, 49706500140 and 49706500027 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Hibiscus " - = = - - . - • - - : _ . ._ • - PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existingprojects/sites only) SDP - or AR or PL# Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: D Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 947-1144 Email/Fax: sumpenhour @gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 49706500027 Folio Number 49706500043 Folio Number 49706500140 Folio Number Folio Number Folio Number Approved by: Girt Date:9-15-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 49706500140 Site Adr. `5205 RATTLESNAKE HAMM RD • Name/Address :NASSIF GOLF VENTURES LLC 225 BANYAN BLVD STE 240 1 { City 1NAPLES State FL Zip 34102-5156 Map No. Strap No. Section Township Range Acres *Acreage 5B20 403700 25820 20 50 • 26 1.61 Legal HIBISCUS GOLF COURSE LOT 2 Millage Area 0.161 Millage Rates O *Calculations Sub./Condo 403700-HIBISCUS GOLF COURSE School Other Total Use Code 0 10-VACANT COMMERCIAL 5.69 8.2427 13.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $13,685 ok Pe (+)Improved Value $0 (=)Market Value $13,685 (-) SOH*&other Exempt. $0 (_)Assessed Value $13,685 (-) Homestead&other Exempt. $0 (_)Taxable Value $13,685 (=)School Taxable Value ' $13,685 If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH="Save Our Homes"exempt value due to cap on assessment increases. http://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=49706500140 1/9/2014 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 49706500043 Site Adr. 5201 RATTLESNAKE HAMM RD Name/Address `NASSIF GOLF VENTURES LLC 225 BANYAN BLVD STE 240 City NAPLES State FL Zip 34102-5156 Map No. Strap No. Section Township Range Acres *Acreage. 5B20 403700 15B20 20 50 26 3.74 Legal HIBISCUS GOLF COURSE LOT 1 Millage Area 0 161 Millage Rates 0 *Calculations Sub./Condo '403700-HIBISCUS GOLF COURSE School Other Total Use Code 0 10-VACANT COMMERCIAL 5.69 8.2427 13.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $31,790 (+)Improved Value $0: (=)Market Value $31,790: (-)SOW&other Exempt. $0 (=)Assessed Value $31,790, (-)Homestead&other Exempt. $0 (=)Taxable Value $31,790 (=) School Taxable Value $31,790 If all Values shown above equal 0 this parcel was created after the Final Tax Roll "SOH="Save Our Homes"exempt value due to cap on assessment increases. ttp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=49706500043 1/9/2014 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 49706500027 Site Adr. 5375 HISBISCUS DR Name/Address NASSIF GOLF VENTURES LLC :225 BANYAN BLVD STE 240 City NAPLES State FL Zip 34102-5156 Map No. Strap No. Section Township Range Acres *Acreage 5B20 403700 R 15B20 20 50 26 1 Legal HIBISCUS GOLF COURSE TRACT R Millage Area Co 161 Millage Rates 0 *Calculations Sub./Condo 403700-HIBISCUS GOLF COURSE School Other Total Use Code 0 94-RIGHT-OF-WAY,STREETS, ROADS,IRRIGATION 5.69 8.2427 1 13.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $100 (+)Improved Value $0 (=)Market Value $100 (-) SOH*&other Exempt $0 (7..)Assessed Value $100 (-) Homestead&other Exempt. $0 (=)Taxable Value $100 (=)School Taxable Value $100 If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH="Save Our Homes"exempt value due to cap on assessment increases. http://www.collierappraiser.com/main_search/Recorddetail.html?MaP=No&FolioNum=49706500027 1/9/2014 m ant rlw w OrcJ•a leer elex xww\r!.• .. yvsow_ yrxry_ wtl••.. W b. - °o O N IN i W aI '1 a J - O N 4 r cv 0 • . •, Ir. . b W�oa' t • 4< U ' r i a o. -' - , f, w ise• E` , S i5 tir Qy • t t_1 >' •-•,:.y,,,,7„.7-r.i, / t F y , ' \ ' • >•� V� .fir S _ Y -yr ...;44 # y ,sem _ Si g I . .. :1. 3 • ` fir. - a ti .- HIB01...osaaISCUS DRIVE • a ..",.7.-''..,......".:. q S • gyi ray i ,t14,: : T 11 � 'il , R ?4 ,, ,a vim ' i ® 6 li ' i , ciao:.- •.;' .1,-!. t.,,,,,. .. ;t-, ir,..,_ ,, _ . . , ,- , 1 igor , . ,. ! lit - ' • fj t; • .' ., ., • 1 :IIIIII116 0 _ ,•„,•,:„. ,=_ - DORAL CIRCLE 1,7 ^8 :{; ° %: s o q •Yip �.,. _. Location Map leGradyMinor HIBISCUS RPUD k kr,. - �` ` ler EW RADIO ROAD (CRAM BERKSHIRE I g RECENCY LAIFS TWELVE AUS NAPLES AIRPORT AUTOH SUYYERWOOD BRETONNE (ORL) 3 LAKES { 1 PAIN '3 2 I (0X0 5 BEMBIDGE - 4 k>ilD 1 `AIRPORT MITRE�I�LAf� PLAZA MLDWOO ONOOD SHOPPES MILDW07 BRDOKSIDE II N e �'� '. 4...."41111M.„4111111114.I NaRRH R.MI DAVIS BOULEVARD L _ �NNTER PARK _- — — (RMIOPERTt ��. PON LAC NAPLES HERITAGE � �� 4 1E Ul COUNTRY NS I 11 _S E V 8 FALLING a 12 CLUB MRLER 7 i l 7 R i 9 SQUARE COLOR COUNTY SMNitil A er -f\ 60Yr.COMPLEX I i- i' , III SHARKRY_ EAR WATERFORD W000 K CRozr VERDE ESTATES MYA� LAKE ,� ROYAL WOODS (S) MNOSTAR g Au COUJNY ` CAC CLUB !7 17 14 ` LAKE AVALON 13 ST PE1EAS 18 ESTATES W 18 �,swuc PROJECT LOCATION MANDALAY 1■1�J 1i7�uI.*'2G,H41 HAMMOCK ROAD II ' ;., (C.R.884) NAPLES E.N ! PAI BOTANICAL C PARK LEIN PALLS OARODI N.> COUNTRY 23~ 24 SAgAt BAY 19 20 080 21 HAR8 r k 2 LELY LELY,A RESORT COMMUNITY SABAL RAY , NAPLES MANOR I41, 26 25 30 IN MK>EU 29 28 SABAL BAY (S) WENTWORTH ESTATES MYRTLE J WOODS 01,, TREE TOPS WHISTLERS TRAIL COW It Ig•-- [ \2 jar 36 31 33 VI 1M WQIIWOR7H ESTATES (� NCTORIA FALLS N. WENTNORTH 5 ESTATES 4 EAGLE 4134$15 2 1 6 GREEK LAMS END PRESERVE — III GradyMinor LOCATION MAP Ordinance 2015-25 elGradyMinor ORDINANCE NO. 2015-25 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 A COMMUNITY FACILITY ZONING DISTRICT AND GOLF COURSE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HIBISCUS RPUD TO ALLOW CONSTRUCTION OF UP TO 64 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE OF RATTLESNAKE-HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.9± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-PL20140000179] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Nassif Golf Ventures, LLC, 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 Classification. The zoning classification of the herein described real property located in Section 19, Township 50 South. Range 26 East, Collier County, Florida is changed from a Community Facility zoning district and Golf Course zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Hibiscus RPUD to allow construction of up to 64 residential dwelling units in accordance with Exhibits "A" through "F" attached hereto and incorporated herein by reference. 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. [14-CPS-01349/1154786/11 88 Hibiscus RPUD 1PUDZ-PL20140000 1 79 Rev. 2/19/15 1 of 2 CA , SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015-26 becomes effective. PASSED AND DULY ADOPTED by super-majority vote o,f the Board of County Commissioners of Collier County, Florida,this / in1'day of /4 p i 1, ,2015. ATTESTt ,,, '''' :''"%;,f/ BOARD OF COUNTY COMMISSIONERS DWIGH;'.l' iP 'CLERK ,� COLLIER COUNTY, FLORIDA • / e://a„,. By 1 f: a Lai a Akar.�+ t TIM NANCE, Chairman Attu t*V041 sf_ a*p&p 4-sip Approved as to form and legality: - A-- „fo Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C— Master Plan Exhibit D—Legal Description Exhibit E-List of Deviations Exhibit F—Developer Commitments This ordinance filed with the secretory of Sate OificeLt day of. `., and acknowledgement of that file . received this . day ®f A.+:.- ear �aflt•�:.�►�Fr+n. o.ouw [14-CPS-01349/1154786/1]88 Hibiscus RPUD\PUDZ-PL20140000179 Rev.2/19/15 2 of 2 EXHIBIT A FOR HIBISCUS RPUD Regulations for development of the Hibiscus RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 64 residential dwelling units shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or In part, for other than the following: RESIDENTIAL A. Principal Uses: 1. Dwelling Units — Multiple family, single family detached, townhouse and single family zero lot line. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Clubhouses, Community administrative facilities, Community maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices. Community wide recreational facilities shall be required to have a 15-foot wide landscape buffer and wall and to have a minimum building setback of 30 feet from the external PUD boundary where not adjacent to golf course zoned property. a. For community recreational facilities exceeding the 30' PUD boundary setback or adjacent to golf course zoned property, no wall shall be required and the following setbacks shall apply: Front: 30 feet Side: 15 feet Rear: 15 feet b. Maximum actual building heightshall be 25'. 2. Model homes and model home centers including sales trailers and offices for project administration, construction,sales and marketing. Hibiscus RPUD PL20140000179 Page I of 8 Revised 03/16/2015 CA 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails,gazebos and picnic areas. 4. Accessory uses and.structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools,spas and screen enclosures. 5. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning.Appeals or the Hearing Examiner. DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for land uses within the Hibiscus RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Hibiscus RPUD PL20 1 40000 1 7 9 Page 2 of 8 Revised 03/16/2015 Cq EXHIBIT B FOR HIBISCUS RPUD DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI-FAMILY DETACHED ZERO LOT LINE Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A Minimum Lot Width 40 feet 18 feet 30 feet Minimum Lot Depth N/A 75 feet 80 feet 75 feet N/A Minimum Front Yard Setback*i,*3 20 feet 20 feet 20 feet Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet 5 feet Doral Circle 20 feet 50 feet 20 feet 50 feet Minimum Side Yard Setback 0 feet internal 5 feet 10 0 feet*2 10 feet 0 feet external Minimum Rear Yard Setback 10 feet 15 feet 10 feet Minimum Drainage Easement Setback 0 feet 15 feet 0 feet 0 feet 0 feet Maximum Building Height Zoned 30 feet 45 feet 30 feet Actual 35 feet 50 feet 50 feet Minimum Distance Between Buildings 10 feet 20 feet 10 feet 50 feet 10 feet 20 feet Floor Area Min,(S.F.),per unit 1,500 SF 750 SF 1,500 SF Minimum PUD Boundary Setback 20 feet 750 SF 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A ACCESSORY.STRUCTURES. . .. Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 10 feet external 0 feet 10 feet Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet Minimum PUD Boundary Setback 15 feet 0 feet 15 feet 15 feet 15 feet Minimum Distance Between Buildings 10 feet 0/i0 feet 0/10 feet Maximum Height / 0/10 feet . Zoned 20 feet 20 feet Actual 20 feet 20 feet 25 feet _ 25 feet 25 feet 25 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.All parking areas must remain clear of sidewalks. *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot, Where a home site Is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement, . Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Hibiscus RPUD PL20140000179 Page 3 of B Revised 03/16/2015 0 M.....y..•...wa.N.w..-...»...w,..........m sowAlwma.,.....wkAmeAmir w 0 c lq 1 I 8 z w w Of i i z m a J Q -s- —: IF,63 a w oz'a U ~ Z 1 O▪ Q �Wm cc _• p 9 J z o LL g o z z w F 20 z0F ce to J ()° W 2 Q z Fm ~ W F- v tit W oW V y 3w �y ' I w 0 m O0F C6� t a W r - z W w / n N 2 t0 OUI — '0u, zJ I O wlz ZZz gz0 r N� m X Qa wW(1 0 O / I 0 U Z Q pU� Z I '' - QCo z5 XU 2OQ Wi3Z Z a I Oya �w Oz ,P,63 ce 1 N- <c7 a- J�x �Z I x az Q.. gyo `SE s 9 dtWj 1 - w W w0 0?2 a / 1 J 1N3tN3Sb3 j z W a J y w a - ugac t 3 tiNl o O 2qr=-' i I a� tLLm [L' (��-- ,obi �C $ � �� g� g. N id,wm p - zZ Qa O�y J f al l0.1] a • I WO a W p 1 _10.. c� p �.- 7 sn N� �cQn ¢ `Sao • X II W aC •,_�, 0 r �i of L U U e Ai Hiss : . — .— I O q it- .✓ / CO n � i w a. ? IUm= xt ODU z 1°1/ (ri I D fn LL q�l.i y I R 1 O(a y lli { I w a N G4❑ • 2Q ° I =¢ k i Hi; W ' n s L k<■ g�Z t I SE 9 ba Z 1 NI ' w 0 39bd Oa I a 3 ;;j�2 :.4008 WO - U I d 1N3M3Sb3 I ' ,,, .. 3OVNIt�21Q I M O - Om La—, 00t z ?L m Im oW 1 al. J . . W I2 o I = v �� 9 J t r� 4,g `� i ww < �W� u 0 - 0 7..1 g. el co c Na Hi �_ , — �� _. 9 DORAL CIRCLE' M O u'ZZ re p Q ( a N la Z CI N w O ER a EXHIBIT D FOR HIBISCUS RPUD LEGAL DESCRIPTION LOT 1, LOT 2, AND TRACT"R", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 7.9 ACRES, MORE OR LESS. • Hibiscus RPUD PL20140000179 Page 5 of 8 Revised 03/16/2015 EXHIBIT E FOR HIBISCUS RPUD LIST OF DEVIATIONS 1, From LDC Section 4.06.02.C, Landscaping, Buffering, and Vegetation Retention, which requires a multi-family residential development to provide a 15' wide type '8' buffer between the residential use and a golf course clubhouse tract to permit the development to install the Type B buffer as if it were adjacent to a lake In order to cluster the required landscaping within the building setback area between the canal and the proposed residential buildings. 2. From LDC Section 3.08.00.A.4.d.ii, Environmental Data Requirements, which requires properties that are occupied by a golf course to provide soil and/or groundwater sampling at the time of first Development Order to permit the soil and/or water quality test to be provided at the time of Site Development Plan or Plat review. 3. From LDC Section 5.06.04.G, Off-premises directional signs, which prohibits off-premises signs in residential districts, to permit two existing signs to remain in the current location at the project entrance on each side of Hibiscus Drive and to permit an increase in their square footage of approximately 42.5 square feet to 64 square feet for each sign to allow inclusion of signage for the residential dwellings. 4. From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line, to allow windows along portions of the principal building that is on the zero setback Tine. Hibiscus RPUD P120 1 40000 1 79 Page 6 of 8 Revised 03/16/2015 EXHIBIT F FOR HIBISCUS RPUD LIST OF DEVELOPER COMMITMENTS 1. PLANNING a. Building massing: No building shall contain more than 12 units, or have a wail length greater than 200 feet. b. In order to achieve the density of 64 units and prior to the issuance of the first building permit for the first residential dwelling unit,the property owner shall record a restriction in the Official Land Records of Collier County on a portion of the Hibiscus Golf Course property equal to 12+/- acres, restricting the use to golf course, open space or preserve uses in perpetuity. 2. ENVIRONMENTAL a. Soil and/or ground water sampling consistent with the requirements of LDC Section 3.08.A.4.d.il shall be provided at the time of Site Development Plan or Plat review. The Phase One Environmental Site Assessment submitted did not address the properties requirement to comply with LDC section 3.08.00 A.4.d.ii which addresses soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals. It has been identified that some form of golf course maintenance, storage or operation activities occurred in a portion of the proposed development area and an adequate assessment of the soils in this area that may include additional soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals is warranted. In addition to the background and random sampling points across the property, soil samples should be collected in areas of the property where suspected golf course maintenance, storage or operation activities that may have contained drums, chemicals, petroleum products, fuel tanks and chemical mixing areas. b. The landscape buffer on the east perimeter of the PUD shall be a minimum of 15' in width and all non-invasive plant shall be retained. 3. TRANSPORTATION a. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 52 PM Peak Hour,two-way trips. b. The owner shall make a payment of$25,000 to the County within 30 days of PUD approval to be used for a CAT station/facilities along Rattlesnake Hammock Road. c. The owner will provide on-site bicycle racks for resident use to encourage alternatives to motorized vehicular travel. d. Access to Doral Circle shall be limited to emergency vehicles until a traffic signal is installed at the intersection of Doral Circle and Rattlesnake Hammock Road. No construction traffic shall be permitted on Doral Circle. Hibiscus RPUD PL20 1 400001 79 Page 7 of 8 Revised 03/16/2015 e. If a left-out median opening is permitted from Hibiscus Drive, the owner shall be responsible for costs associated with median improvements for the left out configuration. The County, in its sole discretion, reserves the right to modify or close any median openings at any time for capacity or safety reasons. 4. PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval,the Managing Entity is Nassif Golf Ventures; LLC, 225 Banyan Boulevard, Suite 240, Naples, Florida 34102. 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. 5. EMERGENCY MANAGEMENT A. The property owner, prior to the issuance of the first residential certificate of occupancy, must develop a continuing hurricane awareness program and hurricane evacuation plan. The hurricane evacuation plan shall address and include at a minimum the following items: 1. Operational procedures for the dissemination of warning and notification of all residents and visitors during the hurricane watch and warning periods. 2. A public awareness program to address vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the location of hurricane shelters and other protective actions which may be specific to the development. 3. Identification of who is responsible for implementing the plan. B. The property owner, prior to the issuance of the first residential certificate of occupancy, shall provide Collier County Emergency Management with funds required to provide 40 evacuation shelter cots, inclusive of 2 cots required for persons with special needs. Hibiscus RPUD PL20140000179 Page 8 of 8 Revised 03/16/2015 S T t FLORIDA DEPARTMENT OfSTATE RICK SCOTT KEN DETZNER Governor Secretary of State April 20,2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention:Martha S. Vergara,BMR Senior Clerk Dear Mr.Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No.2015-25,which was filed in this office on April 17,2015. Sincerely, Ernest L.Reddick Program Administrator ELR/lb R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850)245-6270 • Facsimile: (850)488-9879 www.dos.state.fl.us Affidavit of Compliance goGradyMinor AFFIDAVIT OF COMPLIANCE Petitions PL20150002354/CPSS-2015-2,Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326,Hibiscus RPUD I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning,PUD amendment,or conditional use,at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list copy of newspaper advertisement which are anizt hereby made a part of this Affidavit of Co II pliance n 04: , LI)‘I 160/ (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 23rd day of November, 2015 by Sharon Umpenhour, who is personally known to me or who has produced as identification. ►NNE�nNEs , ` C J » * MY COMMISSION l FF 090820 Y ,�t EXPIRES:March 14,2018 ?tor to Barek NuBate U Notary Services (signature of Notari Public) (Notary Seal) k,_ Ceti.fl r)t'. ‘JC,I,IIC4S Printed Name of Notary Ili GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects November 20, 2015 RE: Neighborhood Information Meeting Petitions PL20150002354/CPSS-2015-2, Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326, Hibiscus RPUD Dear Sir or Madam: Formal applications have been submitted to Collier County, seeking approval of a Small-Scale Growth Management Plan Amendment and a Residential Planned Unit Development (RPUD) amendment, by Nassif Golf Ventures, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, P.A., for the following described property: The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small-scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed for residential multi-family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed changes to the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday, December 9, 2015, 5:30 pm at the East Naples Library,8787 Tamiami Trail East, Naples, FL 34113. Q. Grady Minor&Associates,P.A. Ph. 239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com If you are unable to attend this meeting and have questions or comments, or if you have questions prior to the meeting, they can be directed by e-mail, phone, fax or mail by December 9, 2015 to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A.,3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, (,..__ ' Lot----------. Sharon Umpenhour Senior Planning Technician ... `4 . — r' =.E_in-Ase. we 4CY 2K VOCL VC - 'L.ES AIRPORTAUTOI/AUS aAIMMER� I��. 15CToiYNE 1 PARIfJ 2 M + n1AN K PORr 1 6' "") aoewort SOC'-� LAPLAZAwee gtlpnptu +I An. L t�p� ,�,swu4oAo0o foAnTIS � - 449itKMLiDC y^IIYY N0I[5 , NITA '� �I�l l�ll 18,5.OA) DAVIS BOULeVARD tcl ��.� ..� MIHTOT PARK J Mg g C71AC _ NAPIl3 ��.pRyW DE E�MT� RE�tY[A w O�tA �)� u, 85 ALL NG 'XV: MIEN `_� COLLIER CdYITY1 �y�ofe0. I 1,�t. B l `39t14/tE -[ Gov? 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R LR 2 3 EtS 3 4-Iii a,si� r¢ca a ? g§ 1;!G;21Gb gg i C #� R3 ��z cW" $- 5 q 9 gas S^s E<t R " ggs, 3`W e { i € gg� `O 3i 4kj W��g gk�$'�1g$¢¢�1$$s gg1/1�<»1�>R1ms$1'Ra3`31a`3 gy3�1§3�S"a1g�S�gS g�R `> gg PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING Petitions PL20150002354/CPSS-2015-2, Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326, Hibiscus RPUD The public is invited to attend a neighborhood meeting held by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, P.A., representing Nassif Golf Ventures, LLC on: Wednesday, December 9, 2015, 5:30 pm at the East Naples Library, 8787 Tamiami Trail East, Naples, FL 34113 The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. 111 Mo• 'r z eh 1{ I , f T.— JV\' `l ®C LOOAElg `1x -� llzur - Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small-scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed for residential multi-family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document, which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and/or owner/ developer. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by December 9, 2015 to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Email: sumpenhour@gradyminor.com Phone: 239.947.1144 Fax: 239.947.0375 No.802621 November 22.2015 NIM Transcript ceGradyMinor 1 1 2 TRANSCRIPT OF THE 3 HIBISCUS RPUDA AND GMPA 4 NEIGHBORHOOD INFORMATION MEETING 5 December 9, 2015 6 5:35 p.m. 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 RICHARD YOVANOVICH, ESQ. 13 AL MOSCATO 14 DAVID NASSIF 15 SUE FAULKNER 16 NANCY GUNDLACH 17 SHARON UMPENHOUR 18 19 20 21 22 23 24 25 2 1 MR. ARNOLD: Are we ready? 2 Okay. Good evening, folks. I'm Wayne Arnold, 3 and here representing the Hibiscus residential 4 planned development and the amendments that we're 5 making to that, the zoning and the comprehensive 6 plan. 7 Tonight, you have David Nassif and Al Moscato, 8 who are part of the ownership group of the Hibiscus 9 Country Club and this particular piece of property. 10 Rich Yovanovich is the attorney representing us. 11 This is Sharon Umpenhour with my firm. She's 12 taping the meeting as we're required to do by the 13 county. 14 I'll introduce the two county staff folks that 15 are here. We have Sue Faulkner in the darker red 16 outfit and Nancy Gundlach, who is the lighter red 17 outfit. Nancy works on the zoning application and 18 Sue is involved with our comprehensive plan 19 amendment. 20 I'm not sure how many of you were here when we 21 came through the process in the spring, but the 22 Hibiscus residential PUD and comp plan amendment 23 was approved by the Board of County Commissioners 24 and it authorized construction of up to 64 dwelling 25 units on what I call the old clubhouse tract. 3 1 And as part of that application process, we 2 created some comprehensive plan language that said 3 -- and we have three-story dwelling units. We're 4 proposing to change the word three to four so we 5 can have up to four-story dwelling units on the 6 property. 7 And then in the zoning document, we're 8 changing what was established as the zone height 9 and what we call an actual height of the buildings 10 by five feet each. One went from 45 feet to 50 11 feet, and the other is 55 -- 50 to 55 feet. 12 And we're also -- we put a restriction on 13 ourselves, limited ourselves to 12 units per 14 building. We'd like to revise that and allow up to 15 16 units per building. 16 What happened at the time, we originally had 17 applied for and asked for, was it 80 or 84 units, I 18 forget. 19 UNIDENTIFIED MALE VOICE: (Indiscernible) . 20 MR. ARNOLD: But through the staff review, the 21 Planning Commission review and ultimately the Board 22 of County Commissioners, they authorized only a 23 maximum of 64 units. And some of that was done on 24 the fly, and I don't think we really thought about 25 the impacts to the number of buildings on the site 4 1 and made the adjustments in the product type to 2 account for that lower number of units. 3 So you're all familiar with the site, but it 4 affects the area on the north side of the clubhouse 5 tract on the south side of Rattlesnake Hammock, 6 bisected by Hibiscus Drive. 7 For those of you who might have been 8 interested at the time, the Board restricted access 9 to Doral Drive to emergency access only. So any -- 10 maybe an emergency vehicle could use it if 11 necessary, but no general traffic through there. 12 And we heard a lot about traffic. That's one 13 of the reasons the reduction in units was supported 14 by the county staff and the County Commission, 15 ultimately, so we're not trying to (indiscernible) 16 anything with regard to the number of units, but 17 it's really to accommodate a little bit different 18 product and allow them to get the height they need 19 to do that. 20 This is kind of the concept they're working 21 from with the architect. It's going to result in 22 less buildings than we had under the three-story 23 plan. So we've got, in this scenario, four 24 dwelling units. 25 You can see we've made provisions for a small 5 1 clubhouse and pool, which is consistent with where 2 we originally had identified it on our concept 3 plan. 4 And still working with the architect to come 5 up with what that equates to, but the five feet was 6 necessitated by the way we measured the zoned and 7 actual height, and to look at a -- the four-story 8 product likely will have an elevator core which 9 pushes the need to go a little bit higher on 10 elements of the roof because those are included in 11 your actual height measurement. 12 So the changes we're proposing are, in our -- 13 in our position, minor with regard to the changes, 14 and I'm happy to open it up for any questions you 15 might have. I think I've covered the changes. 16 They're very simple changes to the -- a couple of 17 pages of the documents. 18 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 19 UNIDENTIFIED FEMALE VOICE: How many units are 20 there? 21 UNIDENTIFIED MALE VOICE: What is that there? 22 MR. ARNOLD: We have 64 units total and that's 23 our detention area. 24 UNIDENTIFIED MALE VOICE: So I'm going to have 25 a big pond behind me. 6 1 MR. ARNOLD: I don't know if it's going to be 2 a pond or not. It's very likely it may not be a 3 pond. It could be a dry detention system. 4 UNIDENTIFIED MALE VOICE: Okay. For what rain 5 (indiscernible) water? 6 MR. ARNOLD: Yeah. It takes parking lot and 7 storm water. It sits there until it percolates 8 into the ground. 9 UNIDENTIFIED FEMALE VOICE: For the -- there's 10 a big contingent from Country Club Manor. 11 Can you tell us where our units are in 12 relation to that site plan? 13 MR. ARNOLD: Okay. I apologize, but help me 14 with Country Club Manor. 15 UNIDENTIFIED FEMALE VOICE: That's all right. 16 UNIDENTIFIED FEMALE VOICE: Is the -- here, 17 this -- 18 UNIDENTIFIED FEMALE VOICE: To the right. 19 UNIDENTIFIED FEMALE VOICE: Right here. 20 MR. ARNOLD: Okay. Yeah. 21 UNIDENTIFIED FEMALE VOICE: Now, if you could 22 point that out on there, that will help us. 23 MR. ARNOLD: Sure. Okay. Well, you are 24 located to the right of us. Let me do it this way. 25 This is the one proposed building that we have 7 1 on the east side of the thing, so our building that 2 we're showing here would sit somewhere in this 3 vicinity. 4 UNIDENTIFIED FEMALE VOICE: Great. Okay. 5 UNIDENTIFIED FEMALE VOICE: So the bulk of the 6 buildings are going to be across the driveway? 7 MR. ARNOLD: Correct. 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED FEMALE VOICE: What is it going 10 to be, an adult community, apartments? 11 MR. ARNOLD: Well, market rate straight 12 condominium units. 13 UNIDENTIFIED FEMALE VOICE: Condominiums. 14 MR. ARNOLD: Yeah, we had that discussion, I 15 remember, at the last neighborhood information 16 meeting, whether or not it was going to be age 17 restricted or not, but it's not going to be a 5.5 18 and older restricted community. 19 It may turn out to be that's who the buyer 20 profile is, but it's not intended to be an 21 age-restricted community. 22 UNIDENTIFIED FEMALE VOICE: How large are the 23 apartments? How large? Two bedrooms, three? 24 UNIDENTIFIED FEMALE VOICE: Could you guys 25 come up here instead of behind us? 8 1 UNIDENTIFIED FEMALE VOICE: Yeah. 2 UNIDENTIFIED MALE VOICE: Sure. 3 UNIDENTIFIED FEMALE VOICE: Would you mind? 4 UNIDENTIFIED MALE VOICE: Well, you know, 5 we're still -- we're still in the process of 6 design, but what it looks like now, they will be 7 between 1,300 and 1,600 square feet, two and 8 three-bedroom units. 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 UNIDENTIFIED MALE VOICE: Nice units. 11 UNIDENTIFIED MALE VOICE: I don't know how 12 firm you are on that number, but if we're not firm 13 on that number, I'd rather not say that that's a 14 commitment to say that. 15 UNIDENTIFIED MALE VOICE: No. Like I said, 16 we're not -- we're still designing it, but that's 17 where we'd like to get to. 18 UNIDENTIFIED MALE VOICE: You are planning for 19 a pool and clubhouse? 20 UNIDENTIFIED MALE VOICE: Correct. 21 UNIDENTIFIED MALE VOICE: So we won't have to 22 lock up our pool, then? 23 UNIDENTIFIED MALE VOICE: I hope not. 24 UNIDENTIFIED MALE VOICE: It's on the other 25 side of the (indiscernible) . 9 1 UNIDENTIFIED MALE VOICE: These buildings 2 are -- 3 UNIDENTIFIED MALE VOICE: So the only thing -- 4 MR. ARNOLD: Hang on. One at a time, please. 5 UNIDENTIFIED FEMALE VOICE: One at a time. 6 MR. ARNOLD: We're recording the meeting. 7 UNIDENTIFIED MALE VOICE: The only building, 8 then, that is on the east side of the Hibiscus 9 Drive is that one building, then, to the right? 10 UNIDENTIFIED MALE VOICE: Correct. 11 UNIDENTIFIED MALE VOICE: Okay. And how is 12 that going to be facing? Is that facing 13 Rattlesnake Hammock? 14 UNIDENTIFIED MALE VOICE: It's actually the -- 15 the -- how do you call the front of the building? 16 The entry to the building will be on the 17 Rattlesnake Hammock side. The balcony from the 18 units will face the golf course. 19 UNIDENTIFIED FEMALE VOICE: The golf course, 20 which makes sense. 21 UNIDENTIFIED FEMALE VOICE: And is that 22 parking in front that I can see lightly? 23 UNIDENTIFIED MALE VOICE: Yes. 24 MR. ARNOLD: That's correct. This is all 25 parking and driveway. 10 1 UNIDENTIFIED FEMALE VOICE: And then that's 2 green space between the parking and the street? 3 MR. ARNOLD: Well, in their concept right now, 4 that's -- the architect is laying that out as their 5 dry detention system. 6 UNIDENTIFIED FEMALE VOICE: Okay. 7 MR. ARNOLD: We haven't engineered it, but I'm 8 not -- so I'm not sure -- 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 MR. ARNOLD: -- it's going to stay exactly 11 like that. 12 UNIDENTIFIED FEMALE VOICE: Okay. 13 MR. ARNOLD: But close. 14 Sir, in the back? You had a question. Sorry. 15 UNIDENTIFIED MALE VOICE: You're projecting -- 16 or you're requesting four-story buildings? 17 MR. ARNOLD: That's correct. 18 UNIDENTIFIED MALE VOICE: Correct. 19 UNIDENTIFIED MALE VOICE: There's not another 20 four-story development anywhere on the entire 21 Rattlesnake Hammock. How are -- is this going to 22 impact the property values all around here? 23 Because everything is one and two-story, and ours 24 is three, and that's the maximum. Four story seems 25 out of place. 11 1 MR. ARNOLD: Well, I think we went through 2 this at the last neighborhood meeting and at the 3 Planning Commission. I think your zoning actually 4 allows you to go higher than the three stories that 5 you were built, and I think part of that analysis 6 was that some of the other zoning to our west and 7 east allows higher -- higher units -- higher -- 8 taller units than had been constructed. 9 But I think, in reality, we're going back and 10 adding five feet to the height of this. We had 11 made provisions -- I mean, you're talking about, 12 you know, shoulder height to me of the additional 13 height we're asking. 14 UNIDENTIFIED MALE VOICE: Oh, oh. 15 UNIDENTIFIED MALE VOICE: Yeah. We're not 16 adding a story of height. 17 UNIDENTIFIED MALE VOICE: I misread the 18 letter. 19 MR. ARNOLD: Well, we're adding a story, 20 because the comprehensive plan language that got 21 adopted said that the maximum height should be 22 three stories. Our zoning document made provisions 23 for 45 feet and 50 feet, but when we're looking at 24 the four-story product, we're about five feet short 25 in being able to make that work. So that's why we 12 1 have to amend both the comp plan and the zoning 2 document. 3 But the reality is it's a five-feet difference 4 in height than what we had approved. 5 UNIDENTIFIED MALE VOICE: The total number of 6 units, is that -- 7 MR. ARNOLD: It stays at 64, which was 8 previously approved. 9 Yes, sir? 10 UNIDENTIFIED MALE VOICE: Are you placing any 11 kind of a barrier fencing, anything of that nature 12 on the east side of your property? 13 MR. ARNOLD: You mean against your property? 14 UNIDENTIFIED MALE VOICE: Yes. 15 MR. ARNOLD: I don't know. Have you thought 16 that far, if you're going to have a fence or wall 17 or anything? 18 UNIDENTIFIED MALE VOICE: No. 19 UNIDENTIFIED MALE VOICE: We haven't gotten 20 that far yet. 21 MR. ARNOLD: Okay. 22 UNIDENTIFIED FEMALE VOICE: What I thought was 23 in the original approval was that the -- the 24 vegetation that is there would stay there. 25 UNIDENTIFIED MALE VOICE: Uh-huh. 13 1 UNIDENTIFIED FEMALE VOICE: Yes, that's right. 2 MR. ARNOLD: Yeah, I think we said that 3 anything that wasn't exotic that we had to remove, 4 we would retain within our buffer. 5 UNIDENTIFIED FEMALE VOICE: Right. 6 UNIDENTIFIED MALE VOICE: What does it mean, 7 exotic? 8 MR. ARNOLD: Brazilian pepper, melaleuca. 9 There's a handful of other types of vegetation, but 10 those are the two most common that we typically 11 deal with in an urban setting. 12 UNIDENTIFIED MALE VOICE: Did you eliminate 13 them or something? 14 MR. ARNOLD: The county requires you to 15 eradicate them. 16 UNIDENTIFIED MALE VOICE: To get rid of -- 17 they're not -- 18 MR. ARNOLD: Yep. 19 UNIDENTIFIED MALE VOICE: They're not supposed 20 to be around, then? 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: The parking lot 25 facilities, will they be covered or open to the air 14 1 like a canopy? 2 MR. ARNOLD: Well, we made provisions for 3 there to be carports in the original approval. I 4 don't know if you've given any greater thought. 5 You don't have -- I don't see garages on those 6 drawings, so -- 7 UNIDENTIFIED MALE VOICE: No. Again, these 8 are concepts that we have, but we're looking at 9 that right now, some combination of possibly 10 carport or even enclosed garages along -- along 11 some of those parking spaces. 12 UNIDENTIFIED MALE VOICE: Is there going to be 13 any changes on Rattlesnake Hammock, you know, for 14 everybody making a left-hand turn into your place 15 like that, you know, there's only like seven, eight 16 cars there, but I mean, you're going to have 60 17 cars coming in there. Is it going to be backed up 18 all the way to Charlemagne or something like that? 19 MR. ARNOLD: No. There are existing turn 20 lanes that were analyzed as part of our original 21 zoning. And keep in mind, we thought everything 22 worked at the higher number of units. It was 23 reduced because the county was concerned about the 24 traffic impact. 25 So that was the reason that we had a 20-unit 15 1 reduction on our project. But there are turn lanes 2 that exist for -- 3 UNIDENTIFIED MALE VOICE: Yeah, I know there's 4 a turn lane there, but I just wondered, you know, 5 is it going -- 6 UNIDENTIFIED FEMALE VOICE: It's a short turn 7 lane. 8 UNIDENTIFIED FEMALE VOICE: It is. 9 UNIDENTIFIED MALE VOICE: -- to hold enough 10 cars, you know, because I have to turn on that one, 11 too -- 12 MR. ARNOLD: Yeah. 13 UNIDENTIFIED MALE VOICE: -- you know, when 14 I'm coming -- when I'm going this way. I've got to 15 make a U-turn to get into my place. 16 MR. ARNOLD: Right. 17 UNIDENTIFIED MALE VOICE: You know, I don't 18 want to pay no $150, $200 unless (indiscernible) . 19 MR. ARNOLD: The Sheriff's Department really 20 (indiscernible) . 21 UNIDENTIFIED MALE VOICE: (Indiscernible) . 22 Okay. Well -- 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: Do you know, at this 25 stage, if you're going to be required to provide 16 1 any affordable housing? 2 MR. ARNOLD: We are not required to provide 3 affordable housing and we're not proposing it. 4 UNIDENTIFIED MALE VOICE: Okay. 5 UNIDENTIFIED FEMALE VOICE: How tall will the 6 unit ceilings be in this project? Will it be 7 eight, ten? 8 MR. ARNOLD: Nine. 9 UNIDENTIFIED FEMALE VOICE: Nine, okay. 10 MR. ARNOLD: Again, nothing is finalized yet. 11 UNIDENTIFIED FEMALE VOICE: I know. 12 MR. ARNOLD: But that's our plan, is to do 13 something in the nine-foot range. 14 Anything else from anybody? 15 UNIDENTIFIED MALE VOICE: No. Just keep us 16 informed, if you would, please. 17 MR. ARNOLD: Well, we don't have a hearing 18 schedule set definitely, do we, Nancy? This -- 19 MS. GUNDLACH: No, not yet. 20 MR. ARNOLD: This is proposed to go to the 21 Planning Commission and the Board of County 22 Commissioners primarily because of our 23 comprehensive plan change. If it was just the 24 zoning change, we might have been able to go a 25 different process, but I'm guessing, at this rate, 17 1 it certainly won't be any earlier than January, and 2 most likely February, given scheduling, Nancy. 3 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 4 UNIDENTIFIED MALE VOICE: Will everybody get 5 notified about that? 6 MR. ARNOLD: The county will send out notices. 7 If you received a notice of this meeting, you 8 should receive another notice. And then, of 9 course, the billboard signs will go up on our 10 property announcing those dates as well. 11 UNIDENTIFIED MALE VOICE: The meeting 12 (indiscernible) ? 13 MR. ARNOLD: Yeah, the big four by eight 14 signs. 15 UNIDENTIFIED MALE VOICE: Yeah. Don't put it 16 way in the back. Put it up in the front 17 (indiscernible) way in the back (indiscernible) . 18 UNIDENTIFIED FEMALE VOICE: Could you call Bob 19 and tell (indiscernible) where (indiscernible) . 20 MR. ARNOLD: Just give us your phone number. 21 We'll -- 22 UNIDENTIFIED MALE VOICE: I know about you 23 guys. 24 UNIDENTIFIED FEMALE VOICE: What are you 25 considering the average cost of these units? 18 1 MR. ARNOLD: I couldn't tell you. I don't 2 know. 3 UNIDENTIFIED FEMALE VOICE: Any ideas what 4 you're thinking? 5 UNIDENTIFIED MALE VOICE: You know, we're not 6 there yet. What we -- we'd like to try -- 7 UNIDENTIFIED FEMALE VOICE: You must have a 8 feel, though. 9 UNIDENTIFIED MALE VOICE: Yeah, you know, 10 we -- 11 UNIDENTIFIED FEMALE VOICE: Because 12 otherwise -- 13 UNIDENTIFIED MALE VOICE: Two million? 14 UNIDENTIFIED MALE VOICE: What's that? 15 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 16 UNIDENTIFIED FEMALE VOICE: Yeah, really. 17 UNIDENTIFIED MALE VOICE: You know, we'd like 18 to -- we'd like to come in, you know, just under 19 300,000 -- 20 UNIDENTIFIED FEMALE VOICE: Wow. 21 UNIDENTIFIED MALE VOICE: -- is the goal, if 22 we can. 23 UNIDENTIFIED MALE VOICE: You own Hibiscus. 24 UNIDENTIFIED MALE VOICE: And then raise 25 prices as quickly as possible. That's our goal. 19 1 UNIDENTIFIED FEMALE VOICE: And not put enough 2 money in your reserve (indiscernible) when you sell 3 them. 4 UNIDENTIFIED MALE VOICE: (Indiscernible. ) 5 (Multiple simultaneous speakers.) 6 UNIDENTIFIED MALE VOICE: No. 7 UNIDENTIFIED FEMALE VOICE: We know how it is. 8 UNIDENTIFIED FEMALE VOICE: Assume that you've 9 been approved -- 10 UNIDENTIFIED FEMALE VOICE: Been down this 11 road. 12 MR. ARNOLD: One at a time, please. 13 UNIDENTIFIED MALE VOICE: What? 14 UNIDENTIFIED FEMALE VOICE: Been down this 15 road. 16 UNIDENTIFIED MALE VOICE: No. These will be 17 nice units. We are here. We're not going 18 anywhere. 19 UNIDENTIFIED FEMALE VOICE: Low condo fees, 20 sure. 21 UNIDENTIFIED MALE VOICE: Well, they will be 22 what it is. 23 UNIDENTIFIED FEMALE VOICE: Small reserves. 24 MR. ARNOLD: Yes, ma'am? 25 UNIDENTIFIED FEMALE VOICE: Assuming that you 20 1 all are approved in March, then, is it the next 2 month that it would go to the Board of County 3 Commissioners? 4 MR. ARNOLD: Well, there's about a 30 to 45 -- 5 typically, 30 to 45-day delay between Planning 6 Commission and board. 7 UNIDENTIFIED FEMALE VOICE: Okay. Maybe May, 8 then. How soon after -- 9 MR. ARNOLD: Well, I'm hopeful we can go 10 February and March -- 11 UNIDENTIFIED MALE VOICE: Yeah, me, too. 12 MR. ARNOLD: -- in terms of the schedule. 13 February Planning Commission. When I say February 14 and March, it would be February Planning Commission 15 and then March BCC. I mean, it really isn't very 16 complicated. So there's not a lot of reanalysis of 17 the project. It was just approved, what, six 18 months ago, so. 19 UNIDENTIFIED FEMALE VOICE: How quickly would 20 you start after that, then? 21 UNIDENTIFIED MALE VOICE: Very quickly. 22 UNIDENTIFIED FEMALE VOICE: Like within 30 -- 23 you'd have to get permits -- 24 UNIDENTIFIED MALE VOICE: Right. 25 UNIDENTIFIED FEMALE VOICE: -- which is going 21 1 to be -- 2 UNIDENTIFIED MALE VOICE: You know, as soon 3 as -- what you'll see next at the site, you'll see 4 a sales trailer. 5 UNIDENTIFIED FEMALE VOICE: Okay. 6 UNIDENTIFIED MALE VOICE: You know, once we 7 get the appropriate permitting and whatnot -- 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED MALE VOICE: -- that will go out 10 there. And after that, we would start doing site 11 work on the property. And, again, we have to have 12 all of our approvals first before we can do that. 13 So I would think somewhere in the midsummer 14 time period. 15 UNIDENTIFIED FEMALE VOICE: It seems strange 16 that you don't have any floor plans or whatever 17 developed at this point if you're talking about 18 putting a sales trailer out there. 19 UNIDENTIFIED MALE VOICE: Yeah, we will by 20 that point in time. We hope to get a sales trailer 21 out there sometime in January. And by the time the 22 sales trailer is there, we'll have plans and 23 renderings and everything to show for the 24 marketing. 25 UNIDENTIFIED FEMALE VOICE: And you didn't 22 1 think of having them in time for -- to share with 2 the neighbors? 3 UNIDENTIFIED MALE VOICE: We're not ready. 4 We're not ready. And for this meeting, it doesn't 5 have anything to do with the floor plans. That 6 would be more of a marketing -- 7 UNIDENTIFIED FEMALE VOICE: Well -- well, 8 exactly. 9 UNIDENTIFIED FEMALE VOICE: You won't have to 10 have floor plans even when you go before the 11 Planning Commission, will you, nor the -- 12 UNIDENTIFIED MALE VOICE: No. I wish we had 13 them now. I mean, we'd love to be preselling, but 14 we're just not ready. 15 UNIDENTIFIED MALE VOICE: It said on one of 16 the things that you're going to put a stoplight at 17 the (indiscernible) . 18 MR. ARNOLD: No. 19 UNIDENTIFIED MALE VOICE: No? There's 20 something -- one of them said something about a 21 stoplight or something I was reading. No? 22 MR. ARNOLD: I don't think so, no. 23 Nancy, Sue, anything you all want to add? 24 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 25 ask for a stoplight down the road when all this 23 1 traffic finally hits Rattlesnake? Anything? 2 UNIDENTIFIED FEMALE VOICE: I'm not aware of 3 anything for a traffic light. 4 UNIDENTIFIED FEMALE VOICE: I think they 5 mentioned at the planning meeting that they were 6 going to ask the traffic engineers. The problem 7 with Rattlesnake Hammock is there isn't anything 8 else they can do. So, I think they were going to 9 look to the -- to the department -- what -- 10 UNIDENTIFIED FEMALE VOICE: Transportation? 11 UNIDENTIFIED FEMALE VOICE: Transportation, to 12 see if there was anything that could be done, but I 13 don't think there was much hope held out for that. 14 MR. ARNOLD: Yeah, they were -- I was going to 15 say they were either retaining a consultant or they 16 were going to do it internally, but they were 17 trying to get a better handle on the volumes of 18 traffic that are on the roadway today and the 19 capacity, and then look at what they could do 20 downstream of either traffic signal or do they need 21 other median openings. What can they do to help. 22 But the county's objective is to make traffic 23 move. 24 UNIDENTIFIED FEMALE VOICE: Right. 25 UNIDENTIFIED MALE VOICE: They don't really 24 1 care how long we have to sit here to get out. They 2 want to make sure the volume of traffic on 3 Rattlesnake keeps moving. 4 UNIDENTIFIED FEMALE VOICE: They probably 5 don't care how long (indiscernible) . 6 MR. ARNOLD: And I just wanted to add that one 7 of -- when we went through this thing the last 8 time, the county had wrong numbers for the actual 9 traffic on Rattlesnake. They overstated the amount 10 of traffic that was out there by, I think, a few 11 hundred trips. 12 So one of the -- 13 UNIDENTIFIED MALE VOICE: Those were peak 14 (indiscernible) trips. 15 MR. ARNOLD: Those were peak (indiscernible) 16 trips. 17 So one of the reasons we got limited to the 18 number of density we had was the county said we're 19 over capacity already when they really -- when they 20 updated their numbers, they realized they're not 21 over capacity. 22 So they -- and it's okay. We're not trying to 23 get more units, and that's why the 80 went down to 24 64, but some of the information you received saying 25 that, oh, you know, it's over capacity is 25 1 incorrect, and the county has since corrected those 2 numbers. 3 UNIDENTIFIED MALE VOICE: What I see, I see a 4 parking lot full of golfers over here, okay? And 5 then I see 65 -- 64 units? 6 MR. ARNOLD: 64. 7 UNIDENTIFIED MALE VOICE: Everyone has one 8 car, at least one car. So that's -- 9 MR. ARNOLD: But the peak hours -- they base 10 it on peak hour, and peak hour for residential is 11 different than peak hour for golf course when the 12 county looks at traffic. 13 So that's why they concluded we didn't have a 14 problem with the 64 units. 15 UNIDENTIFIED MALE VOICE: Well, I don't know 16 what time the golf course opens up, 9:00? I don't 17 play golf, so I don't -- 18 UNIDENTIFIED FEMALE VOICE: Seven. 19 UNIDENTIFIED MALE VOICE: Seven? Well, that's 20 just right during the rush hour, then, people 21 pulling in. That's when people pulling in there, 22 you know, they get in -- 23 MR. ARNOLD: I think the county is comfortable 24 with our traffic impacts and that we've mitigated 25 for them through a reduction in traffic and paying 26 1 some money toward the county's bus system to allow 2 some of our residents, if they deem necessary, or 3 other people in the corridor, to get bus passes so 4 they don't have to use the road. 5 UNIDENTIFIED MALE VOICE: Okay. 6 UNIDENTIFIED FEMALE VOICE: Because that was 7 written into the document, I believe also. 8 MR. ARNOLD: That's correct, yes. 9 UNIDENTIFIED FEMALE VOICE: Yeah. 10 UNIDENTIFIED FEMALE VOICE: At the meeting in 11 May, I personally brought up the fact that were 12 they aware that, in order to go west on Rattlesnake 13 Hammock, how far did they have to go before they 14 could, you know, pass the, you know, make the 15 U-turn and get back to their point of beginning, so 16 to speak. 17 MR. ARNOLD: Uh-huh. Yep. 18 UNIDENTIFIED FEMALE VOICE: And it's, you 19 know, up towards a mile that they have to go. And 20 they -- everybody seemed very unaware of that. 21 MR. ARNOLD: I don't know that it's a mile. 22 UNIDENTIFIED FEMALE VOICE: It's very close to 23 it. 24 MR. ARNOLD: But I will say you've got to go a 25 distance to make that U-turn, but that was all 27 1 debated previously, and I think everybody was 2 comfortable knowing that that's (indiscernible) . 3 UNIDENTIFIED MALE VOICE: Who's comfortable 4 with that? 5 MR. ARNOLD: The county. (Indiscernible) . 6 UNIDENTIFIED MALE VOICE: The county? 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) ? 8 UNIDENTIFIED MALE VOICE: The traffic issue, 9 Dan, has essentially been approved. 10 UNIDENTIFIED MALE VOICE: Yes. 11 UNIDENTIFIED FEMALE VOICE: Yes. 12 MR. ARNOLD: Yes. 13 UNIDENTIFIED FEMALE VOICE: Well, I think 14 that's why they reduced the number -- 15 UNIDENTIFIED MALE VOICE: Right. 16 UNIDENTIFIED FEMALE VOICE: -- from 84 to 17 64 -- 18 UNIDENTIFIED MALE VOICE: Right. 19 UNIDENTIFIED FEMALE VOICE: -- was to somehow 20 accommodate that traffic. 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Yep. 23 MR. ARNOLD: And these gentleman -- what's the 24 number, $25,000 or something like that you're 25 required to pay towards the CAT system of some 28 1 sort? 2 UNIDENTIFIED MALE VOICE: Right. 3 UNIDENTIFIED FEMALE VOICE: The bus stop, 4 yeah. 5 MR. ARNOLD: Yeah. 6 UNIDENTIFIED MALE VOICE: The parking for the 7 three buildings to the west -- 8 UNIDENTIFIED MALE VOICE: Uh-huh. 9 UNIDENTIFIED MALE VOICE: -- is that in the 10 rear? 11 UNIDENTIFIED MALE VOICE: Correct. Yes. 12 UNIDENTIFIED MALE VOICE: It is in the rear, 13 okay. 14 UNIDENTIFIED MALE VOICE: What's that -- 15 what's that -- 16 UNIDENTIFIED FEMALE VOICE: Yes. I was going 17 to say, what is in front, then? I'm sorry 18 (indiscernible) . 19 UNIDENTIFIED MALE VOICE: What is that, is 20 that water there, the wave like that? 21 MR. ARNOLD: Here? 22 UNIDENTIFIED MALE VOICE: Yes. 23 UNIDENTIFIED MALE VOICE: Are you going to 24 have a pond, too? 25 UNIDENTIFIED MALE VOICE: A lake. 29 1 UNIDENTIFIED MALE VOICE: A lake? 2 MR. ARNOLD: That's on the west side of the 3 entrance. 4 UNIDENTIFIED MALE VOICE: (Indiscernible) . 5 (Multiple simultaneous speakers.) 6 MR. ARNOLD: I think they occur naturally 7 after time. 8 UNIDENTIFIED MALE VOICE: Oh, yeah, yeah, 9 yeah. I know they fill up (indiscernible) bring 10 them in. I know that. Oh, that sounds good. 11 UNIDENTIFIED FEMALE VOICE: And how many 12 parking units -- parking spaces are you allowing 13 per unit? 14 MR. ARNOLD: It varies, depending on the size 15 of unit, whether or not it's a one bedroom, two 16 bedroom, et cetera, and I don't know their mix to 17 tell you how many parking spaces we're going to 18 have. 19 UNIDENTIFIED MALE VOICE: Right now, the total 20 provided on this plan is 139 spaces. 21 UNIDENTIFIED FEMALE VOICE: 139 spaces and -- 22 UNIDENTIFIED MALE VOICE: And the requirement 23 we have is 128. 24 UNIDENTIFIED FEMALE VOICE: That's more than 25 two. 30 1 MR. ARNOLD: Well, we have to account for the 2 clubhouse parking, handicap parking, et cetera, as 3 well, so. 4 UNIDENTIFIED MALE VOICE: Uh-huh. 5 UNIDENTIFIED FEMALE VOICE: So to the -- my 6 left of the driveway there is your clubhouse. 7 What's the dark? 8 UNIDENTIFIED MALE VOICE: That's the proposed 9 clubhouse. 10 UNIDENTIFIED FEMALE VOICE: That's the -- what 11 is behind it, then? 12 MR. ARNOLD: That's a swimming pool. 13 UNIDENTIFIED MALE VOICE: A pool. 14 UNIDENTIFIED FEMALE VOICE: Behind it? 15 MR. ARNOLD: This would be the clubhouse 16 structure. 17 UNIDENTIFIED FEMALE VOICE: Okay. 18 MR. ARNOLD: This is the proposed pool 19 structure. 20 UNIDENTIFIED MALE VOICE: And that's parking. 21 UNIDENTIFIED FEMALE VOICE: Oh, parking, okay. 22 It's real hard to see from here. 23 UNIDENTIFIED MALE VOICE: Are the people just 24 going to use that there, not the golf course people 25 or anything (indiscernible)? 31 1 UNIDENTIFIED MALE VOICE: No, no, no, just the 2 people who -- 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MR. ARNOLD: Residents only. 5 UNIDENTIFIED MALE VOICE: Okay. 6 MR. ARNOLD: Anything else from anybody who 7 hasn't had a chance to speak? Anything else? 8 UNIDENTIFIED FEMALE VOICE: Will that be a 9 public clubhouse. 10 UNIDENTIFIED MALE VOICE: No. 11 UNIDENTIFIED FEMALE VOICE: Or just 12 exclusively for -- 13 UNIDENTIFIED FEMALE VOICE: Just residents. 14 UNIDENTIFIED MALE VOICE: Just for the condos. 15 UNIDENTIFIED FEMALE VOICE: Just for the 16 residents of the condos? 17 UNIDENTIFIED MALE VOICE: Correct. Yeah. 18 MR. ARNOLD: Sue, Nancy, anything else? 19 UNIDENTIFIED FEMALE VOICE: No. 20 UNIDENTIFIED FEMALE VOICE: No. 21 MR. ARNOLD: Are we ready to close it down? 22 All right. Thanks for coming, everybody and -- 23 UNIDENTIFIED FEMALE VOICE: Thank you. 24 MR. ARNOLD: -- appreciate it. 25 (Recording concluded. ) 32 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1 . The foregoing pages numbered 1 through 31 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: December 16, 2015 Joyce B. Howell 19 20 21 22 23 24 25 i Affidavit of Posting Notice laGradyMinor SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. I. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed, lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10,03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER ' ! -!!! 326,HIBISCUq "P-UD-AND PL20150002354/CPSS-2015-2 HIBISCUS RESIDENTIAL INFILL SUBDISTRICT 1" �, ( 3800 Via Del Rey SIG ATURE OF AP' ICANT OR AGENT STREET OR P.O.BOX Sharon Umpenhour Bonita Springs, FL 34134 NAME(TYPED OR PRINTED) • CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 1St day of February 2001 6 ,by Sharon Umpenhour ,personally known to me or who produced as identification and who did/did not take an oath Signature oliNotary public POS, JOANNE JANES _, l ' c MY COMMISSION t FF 090820 rl, �.:� is V,?)-(e EXPIRES:March 14,2018 °+t #�` 8ondedThruBudyelhmbrySenices Printed Name of Notary Public My Commission Expires: (Stamp with serial number) F:1Website'AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05.doc • • • ..1.. 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'IA 1t9R TO 414111 N Rpt[01119 CI T*CTONl849S W11 116{4.-PI 116{4.-14181 61041T y151 -,6Ciosolmi: 4*m1 rr1.Nrlu2 Ilan:WilwIPCA 2411 . .4 .hi ill HIBISCUS RPUD PUDA- PL20150002326 February 18, 2016 CCPC Backup Material 112 GradyMinor le GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 9, 2015 Ms. Nancy Gundlach Principal Planner Collier County Growth Management Division/Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD Dear Ms. Gundlach: Attached, please find copies of a Collier County application for Public Hearing for a PUD Insubstantial Change for properties located on the south side of Rattlesnake Hammock Road at Hibiscus Drive. This PUD Insubstantial change proposes to amend Ordinance 2015-25 by revising Exhibit B, Development standards,to increase the building height for multi-family from zoned 45 feet and actual 50 feet to zoned 50 feet and actual 55 feet and to revise Exhibit F, List of Development Commitments, Iteml.a to increase the number of units allowed per building from 12 to 16. A companion Small Scale Growth Management Plan amendment is being submitted simultaneously with the Insubstantial Change to a PUD application to amend the number of stories allowed from three to four. Enclosed please find the following items for the Insubstantial Change to a PUD application: 1. Check in the amount of$2,525.00 for review fee 2. CD of Submittal 3. Completed Application—16 Copies 1: 4. Project Narrative and Detail of Request—16 Copies 5. Revised Text—16 Copies 6. Warranty Deed—16 Copies 7. Plat—16 Copies 8. List Identifying Owner&All Parties of Corporation—2 Copies 9. Affidavit of Authorization—2 Copies 10. Addressing Checklist—1 Copy 11. Location Map—1 Copy Q.Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com k • II ocat‘u \... 111119 a°8‘11(1'c Co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 t' L DISCLOSURE OF INTEREST INFORMATION Please complete the following information,if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership David W. Nassif 100% 225 Banyan Boulevard, Suite 240 Naples, Florida 34102 YI( c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership I' N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership N.A. 4/15/2015 Page 2 of 16 1 Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 i REZONE:REQUEST f _ I This application is requesting a rezone from: RPUD Zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Residential Proposed Use(or range of uses)of the property: Residential Original PUD Name: Hibiscus RPUD Ordinance No.: 2015-25 I PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: 1 • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, I maximum 1"to 400'scale), if required to do so at the pre-application meeting;and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be i required. , 19 50 2fi l' Section/Township/Range: / ; S Lot: Block: Subdivision: Metes&Bounds Description: LOT 1,LOT 2,AND TRACT"R",HIBISCUS GOLF COURSE,AS RECORDED IN PLAT BOOK 49 PAGES 3&4 !€, Plat Book: 49 Page#: 3&4 Property I.D.Number: 49706500027,49706500043 and 49706500140 Size of Property: ft.x ft.= Total Sq. Ft. Acres: 7.9+1- Address/General Location of Subject Property: South side of Rattlesnake Hammock Road at Hibiscus Drive PUD District(refer to LDC subsection 2.03.06 C): ❑ Commercial ❑ Residential ❑Community Facilities ❑ Industrial I ❑ Mixed Use (1 Other: I. 1 4/15/2015 Page 4 of 16 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 I EVALUATION CRITERIA ' Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. 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. f; e. The adequacy of usable open space areas in existence and as proposed to serve the (' development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions:The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 IE ter )! i g tx-st LUUR couury CiOticEPAP.11ENT 2300 NORTH " S.14 DRIVE ',:,MVP,'l-1 rvI..NA0 iClltNi l%4i.:ONI MAPLES, ems.ti;. : :14104 Vfillll °t�.ow-olliierciov.rse't (239;«E2..%4 i) FAX(2.-g)'4,..32 S;SR COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers 49706500027.49706500043 and 49706500140 (Street address and City,State and Zip Code) and legally described In ExhibitA attached hereto. The property described herein is the subject of an application for Residential planned unit development i (RPUD) zoning. We hereby designate Ct,Grady Minor and Assoc.,P.A.and Coleman.Yovanovich&Koester,P.A., i legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop, This authority Includes,but is not limited to,the hiring and authorization of agents to assist in the preparation li of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. '' i ( The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The property will be developed and used in conformity with the approved master plan including all I conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein Is responsible for compliance with all terms, conditions, i safeguards, and stipulations made at the time of approval of the master plan, even if the property is j. subsequently sold in whole or in part, unless and until a new or amended covenant of unified control Is i delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,or safeguards provided for In the planned unit development process MO constitute a violation of the Land Development Code. i • 4. All terms and conditions of the planned unit development approval will be incorporated into d. covenants and restrictions which run with the land so as to provide notice to subsequent owners that all 1 development activity within the planned unit development must be consistent with those terms and l conditions. 5, So long as this covenant Is in force, Collier County can, upon the discovery of noncompliance with the a terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates, or licenses to occupy or use any part r of a planned unit development and the County may stop ongoing construction activity until the project is • i bra l t into corn•is•ce w' all terms,conditions and safeguards of the planned unit development. . . AA .. .. Trig owner II David Nassif as Managing Member Printed Name Printed Name a STATE OF FLORIDA) COUNTY OF COLLIER) ) Sworn to(or affirmed)and subscribed before me this 2"� day ofi, ,2015 by . . who 11 is persafia liiouuilo caw bas arured— — ..-- as identification. _ .. 0114,44 DAWN JERULLE i 'i� k Notary Public•State of Florida t i "" • • My Comm.Expires Bap 20,2018 x --/. Cammisslon N FF 184105 Mary Public,i-1:" ifoiWsdihreiyhNldonfl*ley l►sm, (Name typed,printed or stamped) — — — — —--—lop-— — — — 4/15/2015 Page 14 of 16 II i sAy 1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 I www.colliergov.net (239)252-2400 FAX:(239)252-6358 1 Pre Application.Meeting and Final Submittal Requirement Checklist for i PUD Rezone-Ch. 3 G.1 of the Administrative Code Amendment to Ch.3 G.2 of the Administrative Code i PUD to PUD Rezone-.Ch.3 G. 1 of the Administrative Code i; is 1 The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. 1 I REQUIREMENTS , IES REQUIRED R Q #OF NOT � Cover Letter with Narrative Statement including a detailed description of ❑ ❑ ❑ why amendment is necessary Completed Application with required attachments ❑ ❑ ❑ Pre-application meeting notes ❑ ❑ ❑ ! �--U r Affidavit of Authorization,signed and notarized 2 ❑ Notarized and completed Covenant of Unified Control 2 ❑ ❑ Completed Addressing Checklist 2 ❑ ❑ Warranty Deed(s) 3 ❑ ❑ List Identifying Owner and all parties of corporation 2 ❑ ❑ Signed and sealed Boundary Survey 4 ❑ ❑ i Architectural Rendering of proposed structures 4 ❑ El i li Current Aerial Photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend included 5 ❑ ❑ t on aerial. Statement of Utility Provisions 4 ❑ ❑ Environmental Data Requirements pursuant to LOC section 3.08.00 4 ❑ . ❑ Environmental Data Requirements collated into a single Environmental Impact Statement(EIS)packet at time of public hearings.Coordinate with ❑ ❑ ❑ I: project planner at time of public hearings. I Listed or Protected Species survey, less than 12 months old. Include 4 ❑ ❑ copies of previous surveys. Traffic Impact Study 7 ❑ ❑ Historical Survey 4 ❑ ❑ School Impact Analysis Application, if applicable 2 ❑ ❑ G Electronic copy of all required documents 2 ❑ ❑ Completed Exhibits A-F(see below for additional information)+ ❑ ❑ CI 1 List of requested deviations from the LDC with justification for each(this ❑ ❑ ❑ l document is separate from Exhibit E) Revised Conceptual Master Site Plan 24"x 36"and One 8%2" x 11"copy ❑ n ❑ Original PUD document/ordinance,and Master Plan 24"x 36"—Only if ❑ ❑ ❑ Amending the PUD Checklist continued onto next page... j 4/15/2015 Page 11 of 16 Hibiscus RPUD Exhibit 2 } Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below.Include any backup materials and documentation in support of the request. Narrative Statement Describing Request The Hibiscus RPUD was approved in 2015 as Ordinance 2015-25. The property owner/developer is proposing minor changes to the PUD document,which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. PUD Rezone Considerations(LDC Section 10.02.13.B) a. 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 Hibiscus RPUD lies within the Urban Designation, Mixed Use District, Urban Residential Subdistrict. The residential infill project would continue a pattern of residential development consistent with the character and intensity of other residential development along the Rattlesnake Hammock Road corridor. Access to the project will be provided from both Hibiscus Drive and Doral Circle. Infrastructure is in place to support the 64 residential dwellings. The proposed minor 5 foot height increase for both the zoned and actual building heights are compatible with other conventional zoning districts, which have zoned heights of 50 feet. The C-3 and RMF-16 Zoning Districts, which are proximate to the site, permit zoned heights of 50 feet and 75 feet respectively. The conventional districts have no actual height limitation and therefore permit heights that can exceed the heights proposed in this application. b. 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 Page 1 of 3 Hibiscus RPUD Exhibit 2 Evaluation Criteria for any public facility. It is intended that the project will be developed in one single phase of construction. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Hibiscus RPUD is undeveloped and is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. ;1 h. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD is consistent with LDC provisions for PUDs and no new deviations are proposed in this application. The proposed height increase will permit greater site planning flexibility and permit a more modern building design for the multi-family units. ry: ,Cg is Page3of3 • is Project Narrative . s it GradyMinor 1 1 1 i t ( d. There is a proposed increase in the size of areas used for nonresidential uses,to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; i' No increase in non-residential uses or areas for non-residential uses are proposed. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the request. f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the• Trip Generation Manual published by the Institute of Transportation Engineers; I No new uses are proposed. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Adequate area exists on-site for stormwater retention, and no change to the , approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; t I The proposed modification in building height will not result in an incompatible land use relationship due to building setbacks and buffering standards. I, i. Any modification to the PUD master plan or PUD document or amendment to a PUD k ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; 1 The PUD and proposed changes are consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional I impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any 1 change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD 3 r i i October 6,2015 r i Proposed PUD Revisions leGradyMinor 1 1 Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.All parking areas must remain dear of sidewalks. *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement. Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. i is f i i Words underlined are additions;words strxek fkruugh are deletions Hibiscus RPUD,PDI Last Revised 10/05/2015 Page 2 of 3 a 1 t ,F 4 1 1 U 1 1 1 Warranty Deed 1 1 1 t i i 1 GradyMinor 4 • OR: 3585 PG: 1983 . TOGETHER With all and singular the tenements, hereditaments and appurtenances 3 thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of any persons claiming by,through or under Grantor,but against none other. • IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed,sealed and delivered in the in the presence of: WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK • o' \•- •TA, NATIONAL ASSOCIATION, �A_1 1% A� I OWN AS NORWEST BANK ‘' MINNE�� `� = ATIONAL ASSOCIATION, L� AS TRUST .y 'ER THAT CERTAIN • • 1b, _ AN .RVICING AGREEMENT,. . 1 ' D OF + MBER 11, 1998,BY AND irisi i i SE FIRST BOSTON c.) 111 '�y'�►� �"� e,, TIES CORP. .1.- N R cc\ i N' }'vac ONAL ASSOCIATION AMON E- - ' -��• � ■ (FOR DEPOSITOR'S • COMMER �t: MORTGAGE PASS- r'( O4, TIIROU ' 'TIFICATES, SERIES 1998- 54I. C• By: Lennar Partners,.Inc_, a Florida corporation, �! its attorney-in-fact Signa • I _ •., _ .* 4 By: -(SEAL) Print N: a, '= _ i F._..—a. Name: Steven D. Ferreira Title:Vice President Signatii Print N er- Qw%.0 ✓ 172496\1881 71 4 679476 v 1 6/2/04 1:43 PM -2- • ► ' OR: 3585 PG: 1985 EXHIBIT"A" • LEGAL DESCRIPTION A parcel of land lying in Sections 19 and 20,Township 50 South,Range 26 East,Collier County, Florida,and more particularly described as follows: All of Tract "A" and Tract "AA" as shown on LELY GOLF ESTATES Tract Map, recorded in Plat Book 8,page 20 of the Public Records of Collier County,Florida; and An area of land located at the Northwest tip of Tract "E" as shown as a lake exception on PINEHURST ESTATES Plat as recorded in Plat Book 12, Page 1 of the Public Records of Collier County,Florida,hereinafter designated as Tract"AB"; LESS AND EXCEPTING from the above : id the following described parcels: IR. C0U Less: An area of land previously . ..11.• =r as •e ' rt ility of Lely Estates lying to the North of the FOREST HILLS . 0 N of the Lely Gol!' • ' as recorded in Plat Book 10, Page 84 of the public reco • of r o' a• , . • • =•• • he - ' r designated as Tract "AC" and more particularly,descri• -• ., fo ow•. f From a Point of Beginning :t th. •rth 0.-.4.:? ,, :1 '4,of said FOREST HILLS SECTION as described a•• x. '.• .�: - _ :.' rz. for 29.07 feet; thence run North 43 degrees 33'59" W. 40i4t, r 128.61 feet; th ''•, I. N i. 62 degrees 59'42" West for 51.57 feet;thence run North -es 08'16" West �. .5 ,thence run North 43 degrees 33'59" West for 237.39 feet;th ff'. , North 32 degrees ';jr 6.;7 est for 205.38 feet;thence run North 77 degrees 23'56" East for 10f% .thence :,.,A.., 0 degrees 44'51"East for 351.14 feet; thence run South 62 degrees ' ' -�''j t r+ W . C feet; thence run South 45 degrees 11'28" West for 300.00 feet to the Point o • _. • 1, and Less: An area of land located at the Northwest corner of Tract "K" as recorded in LELY GOLF ESTATES, Plat Book 8, page 20 of the Public Records of Collier County, Florida, and hereinafter designated as Parcel II,and more particularly described as follows: Beginning at the Northwest corner of Tract"K" as described above, run North 39 degrees 0670" West along the Northeasterly right of way line of U.S. 41 and the Southwesterly line of Tract A for 266.50 feet; thence run North 50 degrees 53'40" East for 35.00 feet;thence South 78 degrees 00'02" East for 342.41 feet;thence run South 50 degrees 53'40" West for 250.00 feet to the Point of Beginning; and K l,. i i I . 1 k i 1. i i I i Plat 1: i 1 i , . „ 1, . , ,, II Grady Minor - ii I L P P'. 71 a9L $z �' =r—��- Mss ,= _- 1 ' a 11 f a i . / i I/ 3 I il . I N a / • ° 4 x a° z a A /- I o w <,,, 1 a f a c t a' gg o oz gg� \ '0 g CIO $ a wm - M15 A Ya A{ dE / ZZ ji V V ii�� p. C 1 .Op'000 MJC.RAOS l rte. C,_— —, R g a u I F )as ■. s '� o x I ,,j 1 IN 1;4 ....F .F !I; ,/f 41 Q O I - 1g '—o_'r 1- Mu d` - ia1 OM {f I LI �C I c\ O err{{Er r� CC 17:1 r 1.i•i I °_, - $ ��1+■^, ■ ■7■■a.I�■�F1Iyi��■IF��■,A ){ 1 0 4ffl 0.0:71 �d § ; ' ii! �11 .1�^�1�"�..■ 4 i7idli�rV�.9iiWia�ilia "'\�O W { II �S it Z r a FJiGiGLiN: �CN271::Y2:727.7 - 2 II !. ' . 1 rn 1° z k �� .,' § 999§ a ' .„"c 1'��t err. 7 �.7.I 51 15 L v — f 111 .1a� iii ■■■■dl■ir�lidii■I`. a al � � CC 1 II`I i Jcur,.ItJi°x s\\lr\5 kit- L———— —— — ::::::::::10110:: fiI , d I fa 1 2 = li — yi e. , 1 6`x ' 1„, M U< G A ` a A IlltiN li all 1 I i - - - - . i 1 1 Hibiscus RPUD Exhibit 1 Disclosure of Interest Information List Identifying Owner(s)and All Parties of Corporation and/or Trust b. If the property is owned by a CORPORATION,list the officers and stockholders and the percentage of stock owned by each: Nassif Golf Ventures,LLC 225 Banyan Boulevard,Suite 240 Naples,Florida 34102 Officers/Stockholders Percentage of Ownership/Stock DM lb MASS'iP % /00 sttS Page 1 of 1 l 1 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PF.2015000hcaoc Hibiscus RPi1D I, David Massif (print name),as managing Member (title,if applicable)of NassirGolf Ventures,LLc (company, If applicable),swear or affirm under oath,that I.am the(choose one)owners d Iapplicantf'1corltract purchasers land that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this I application and the Land Development Code; i 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; I, 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application;and that 1 4. The property will be transferred, conveyed, sold or subdivided subject to the •conditions and restrictions imposed by the approved action. 5. Well authorize q.Grisly Minor and Assoc.,PA and Coleman,vovnavidl and koester,PA ,to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: 1 • If the applicant is a corporation, then it is usually executed by the corp.pres. or V.pres. 1` • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's'Managing Member." • If the applicant is a partnership,than typically a partner can sign on behalf of the partnership. • • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust,then they must include the trustee's name and the Words"as trustee". t • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. r` i Under alties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the factsatted,it are v 11) i'0/2 / /5 � S na Date STATE OF FLORIDA COUNTY OF COLLIER F' The fore oinq i strument was worn to(or affirmed)and subscribed before me on f ' .1 i 2 J (date)by _ . , i.,VI i:31f; • (name of person providing oath or affirmation), as -- °--.° who is personally knOwjo me or who has produced _. (type of identification)as identification. -._ k sTAnnwsF..AL - - _ — - - - Signature of r y lice r 411" o DAWN JEIIULLE i '1 it Arlss Notary Public•State of Florida ( My Comm.Expires Sep 29,2018 I •. Co nedislbn 0 FF 164105 M t , ._...,,.• Icadeithia441NOloniNotuy Ann. I I CP108-COA-0 91 1 511 55 REV 3/14/14 CA" County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ' -ADDRESSING CHECKLIS? Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressinc personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE 1. PROVIDED.Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) • ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) is ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER PUD and Small-Scale Plan Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy descri p tion may be attached) Hibiscus Golf Course Lots 1, 2 and Tract R - S20, T50S, R26E FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) 49706500043, 49706500140 and 49706500027 STREET ADDRESS or ADDRESSES as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way �! • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Hibiscus " - `- . - . . - . - - - : -. .. PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# I Page l of 1 Collier County Property Appraiser Property Summary Parcel No. ;49706500140 Site Adr.15205 RATTLESNAKE HAMM RD ! Name/Address NASSIF GOLF VENTURES LLC 225 BANYAN BLVD STE 240 '• 's City NAPLES State FL Zip 34102-5156 1 Map No Strap No.. Section..., : . Township i Range (......:Acres *Acreage.. .-.. 5B20 403700 25B20 20 50 26 1 1.61 1 Legal HIBISCUS GOLF COURSE LOT 2 Milla a Area 0 !16I ; Millage Rates 0 *Calculations Sub./Condo 1403700-HIBISCUS GOLF COURSE School Other Total 1 Use Code 0 10-VACANT COMMERCIAL 5.69 ` 82427 1 13.9327 4 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount ? Land Value $13,685' (+)Improved Value ? $0 (=)Market Value I $13,685; j (-)SOH*&other Exempt. $0 11 (=)Assessed Value $13,685 (-) Homestead&other Exempt. $0 1 (=)Taxable Value $13,685; (=)School Taxable Value $13,685 If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH="Save Our Homes"exempt value due to cap on assessment increases. http://www.collierappraiser.com/main search/Recorddetail.litml?Map=No&FolioNum-49706500140 1/9/2014 Page 1 of 1 Collier County Property Appraiser Property Summary . . , , Parcel No. i49706500027 . Site Adr. 5375 HISBISCUS DR Name/Address NASSIF GOLF VENTURES LLC 225 BANYAN BLVD STE 240 . _ .. City NAPLES State,FL i Zip 34102-5156 Map No Strap No. Section i Township t Range I Acres *Acreage .. ,„ 5B20 403700 R 15B20 20 , 50 26 1 1 - ...... . , • , Legal !HIBISCUS GOLF COURSE TRACT R .. — • • ' - , . ... , — - Millage Area 01161 1 [ Millage Rates 0 *Calculations Sub./Condo 1403700-HIBISCUS GOLF COURSE 1 School Other 1 Total Use Code 0:94-RIGHT-OF-WAY,STREETS,ROADS,IRRIGATION : 5.69 8.2427 I 13.9327 . Latest Sales History 2013 Certified Tax Roll Not all Sales are listed due to Confidentiality) (Subject to Change) 7 Date Book ' Amount = ' Land Value ! $ 100 .,..- Improved Value 1 : $0 (=)Market Value $100 (-)SOH*&other Exempt. $0 (=)Assessed Value $1001 (-) Homestead&other Exempt $01 (=)Taxable Value $100 I (=)School Taxable Value $100 If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH="Save Our Homes"exempt value due to tap on assessment increases 1 . . http://www.collierappraiser.com/main_seareh/Reoorddetail.htrnl?Mav-No&FolioNum=49706500027 1/9/2014 1 , , , (. ! 1 . 1 1 1 ,'. • . Location Map I 1 ( i li , 1 Grady Minor Ordinance 2015-25 IIGrady Minor - It SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendtnent in Ordinance No. 2015-26 becomes • effective. PASSED AND DULY ADOPTED by super-majority ilrote of the Board of County Commissioners of Collier County,Florida,this /Yil`day of Hprit ,2015. BOARD OF COUNTY.COMMISSIONERS DWIGHtgliOVLERK COLLIER COUNTY, FLORIDA q- Ite,o' By:7,v eakici'e.largraitely By: • _ '`.111W TIM NANCE,Chairman Atte*" 6416*pity, • Approvea to form and legality: Heidi Ashton-Cicko • Managing Assistant County attorney Attachments-. Exhibit A—Permitted Uses. Exhibit B Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Deviations • Exhibit F–Developer Commitments This ordinance filed with the SecretorY Sikageftice ithe miesitigy of. • , and aCictovelect9witargr,44,°"tlat fiti . received this cif ,-- 0—lit [A-CPS-01349/1154786M 88 Hibiscus RPUD TUDZ-PL.20140000179 • Rev..2/19/15 • 2 of 2 !!1' . . ..... 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails,gazebos and picnic areas. 4. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, Including but not limited to garages, carports, swimming pools,spas and screen enclosures. ,} d 5. Any other accessory use,, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or the Hearing Examiner. DEVELOPMENT STANDARDS Exhibit B.sets forth the development standards for land uses within the Hibiscus RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. - 9 F { j f � I h { i• { Hibiscus RPUD PL20 1 40000179 Page 2 of 3 Revised 03/16/2015 E ii xllO. Pk :w' - .' ra ,Eyi;a4.'•4-,.,.acsi:Rh4, MJe .S=:;r i; �}I 7i n.0.99 w440 w um..a awns awM.w W.P4 i&aM•(l4a w.wN-Alyur,WMww� - E 41 0 .z a .11 „ 6 T E9L a Y 4 �X )- WtoW. < .WJ CO io p Z U UU-J a i - Q TU Y z >-+co $� 2 LL UOLL O Q WALL -G0 if, 4 J Z w m� W ....U.1 0 I~Z W.p- u��U i_. LL 0 Wy a CI a, c4 0 il 0 LU W F 1 i 3� OW I - CO EL xy co W F-•W Z 04 , nU z� ' p QF- 2 Xp a• N°Ca 0' U�C9 aa' m0 ` UZ zz i-Z I e LTG! ZO K< co 4LL1°j(Q {+ (.� =ate . .w �, t .N�y .114 O I: f Y t• O J c N3Vd3SV3( > z g Q.a. _ J . a w a ��'' CC 30VNiVtio .' a w -m U .. f a • w• !� vs 4 a ° �co q,- o ti 0 ._ a ' i < R+ fi x.- -� i' ( .7 0 Ili fig.= W J� m a' iy' o di 1 a Gh 2 w I oco0 + - ,-k Ta � � I EN I T¢r a 121 j ga I z 0 s- M �Z a N o j9VdOL& t .m , a z NO08 8•0- " `°U :IW IN3V3SV3 (; F• r. w In p J ° 00 t z i - ow x � z( wa D. l'ii):3iH 1w S j d � • lLL 'i 'o ii( i "� o o Ir3 i • co aJ. (__. --"T DOR L CIf3CLE 09� ..Pi ii LL cc• p Q 1:•j z C Q 1. o w cm.,„..clabbEIVASSVLWATteWalltid, EXHIBIT E FOR HIBISCUS RPUD LIST OF DEVIATIONS 1, From LDC Section 4.06.02.C, Landscaping, Buffering, and Vegetation.Retention, which requires a multi-family residential development to provide a 15' wide type 'B' buffer between the residential use and a golf course clubhouse tract to permit the development to install the Type B buffer as if it were adjacent to a lake in order to cluster the required landscaping within the building setback area between the canal and the proposed residential buildings. 2. From LDC Section 3,08.00.A.4.d.ii, Environmental Data Requirements, which requires properties that are occupied by a golf course to provide soil and/or groundwater sampling at the time of first Development Order to permit the soil and/or water quality test to be provided at the time of Site Development Plan or Nat review. 3. From LDC Section 5.06,04,G, Off-premises directional signs,which prohibits off-premises signs in residential districts, to permit two existing signs to remain in the current location at the project entrance on each side of Hibiscus Drive and to permit an increase in their square footage of approximately 42.5 square feet to 64 square feet for each sign to allow.Inclusion of signage for the residential dwellings. 4 From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wail is contiguous to an adjoining lot line, to allow windows along portions of the principal building that is on the zero setback line. 1 1 • A Hibiscus RPUD Pt20140000179 Page 6 of a Revised 03/16/2015 .. _. ..... e. If a left-out median opening is permitted from.Hibiscus Drive, the owner shall be responsible for costs associated with median improvements for the left out configuration. The County, in its sole discretion, reserves the right to modify or close any median openings at any time for { capacity or safety reasons. 4. PUD MONITORING One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until close-out of the PUD,and this entity shall also be responsible for satisfying all PUD commitments until.close- out of the PUD. At the time of this PUD approval,the Managing Entity is Nassif Golf Ventures, LLC, 225 Banyan Boulevard, Suite 240, Naples, Florida 34102. 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 a pp roval,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 i. PUD commitments. 5. EMERGENCY MANAGEMENT A. The property owner, prior to the issuance of the first residential certificate of occupancy, must develop a continuing hurricane awareness program and hurricane evacuation plan. '; The hurricane evacuation plan shall address and include at a minimum the following items: 1. Operational procedures for the dissemination of warning and notification of all residents and visitors during the hurricane watch and warning periods. 2. A public awareness program to address vulnerability, hurricane evacuation, hurricane I shelter alternatives including hotels, staying with friends and the location of hurricane I shelters and other protective actions which may be specific to the development, 3. Identification of who is responsible for implementing the plan. B. The rop e rty owner, prior to the issuance of the first residential certificate of occupancy, p shall provide Collier County Emergency Management with funds required to provide 40 evacuation shelter cots, inclusive of 2 cots required for persons with special needs,. i1 Hibiscus RPUD PL20140000179 Page 8 of 8 Revised 03/16/2015 Affidavit of Compliance GradyMinor GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects November 20, 2015 RE: Neighborhood Information Meeting Petitions PL20150002354/CPSS-2015-2,Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326,Hibiscus RPUD Dear Sir or Madam: Formal applications have been submitted to Collier County, seeking approval of a Small-Scale Growth Management Plan Amendment and a Residential Planned Unit Development (RPUD) amendment, by Nassif Golf Ventures, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, P.A., for the following described property: The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19,Township 50 South, Range 26 East, Collier County, Florida. Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small-scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential lnfill Subdistrict text to increase the number of stories allowed for residential multi-family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed changes to the subject property.The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday, December 9, 2015,5:30 pm at the East Naples Library,8787 Tamiami Trail East, Naples, FL 34113. Q. Grady Minor&Associates,P.A. 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J ��3 $ x 36 aS $ $J 6 ° 41s� "fit 55 I A, a g t S- p (9 } a 351 3a 3 4'115°111S{I, ° 71$1 4 X41 0 111 S q<1$1=1i_1` 1 9 111111 111 113111 11s1i1 r3 tli5 3 iii is Old i 3€ !1.2188335° 88.1 ji 1 511111 y 3 i silii A"X3X39a3311 39931 Aa8531 FZ30Rsa„Q 9R§913$�a3$i33'9N1a11 fg;911RrlR•sREiali6A1x1$ AIM: 1 "s g ill 3; s` °1- Its ik-3 1;Hi- 11 s" - .9 _1i! 1 '< E .s 3 o m -° gi_.'- = ,3 11 21 - I illiii.11sl.4E 11 t1- ; s11: ~i p.- ° i 43 ;sr714 1 {$}111311tsspilltelydQals#9 s9Cel9p , 111 {lyy�7eal`#+:■ I3 il¢'tali-¢se`al1s s$11 i/yrll/[�y[+1tys' 1 Y� Y111 1 11 41i°11111111919131/311111 I 3flil3fdll id30lliiiiii1X111111fs11a31Ii1kG114111 111111 111111111111111 1111111/111111111111111 111111111111111111111111111/1111111111111111 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING Petitions PL20150002354/CPSS-2015-2, Hibiscus Residential Infill Subdistrict and PUDA-PL20150002326, Hibiscus RPUD The public is invited to attend a neighborhood meeting held by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman,Yovanovich and Koester,P.A.,representing Nassif Golf Ventures, LLC on: Wednesday, December 9, 2015, 5:30 pm at the East Naples Library,8787 Tamiami Trail East, Naples, FL 34113 The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19,Township 50 South, Range 26 East, Collier County, Florida. . - . MOE Iljp i_ ,� : ""a r A P ..,..w.. .,.. ilb I .., . ,...,-44-. 7- , . Ai II Nip MOJECT In ',Ill. \ _id...,,..„.._, mar '9110, - ri ill .,,,\,\ k v. _ rAgagig -------.-\-- A-4R 1 1 Ile iii MU ....- „a. /Hii 11, 'Is.LIM LIMO Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small-scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential lnfill Subdistrict text to increase the number of stories allowed for residential multi-family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document,which would change Exhibit B to increase the multi-family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and/or owner/ developer. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by December 9, 2015 to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Email: sumpenhour @gradyminor.com Phone: 239.947.1144 Fax: 239.947.0375 No.802621 November 22.201 @ 1 `c. 1 2 TRANSCRIPT OF THE 3 HIBISCUS RPUDA AND GMPA 4 NEIGHBORHOOD INFORMATION MEETING 5 December 9, 2015 6 5:35 p.m. 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 RICHARD YOVANOVICH, ESQ. 13 AL MOSCATO 14 DAVID NASSIF 15 SUE FAULKNER 16 NANCY GUNDLACH 17 SHARON UMPENHOUR 18 19 20 21 22 23 24 25 1 3 1 And as part of that application process, we 2 created some comprehensive plan language that said 3 -- and we have three-story dwelling units. We're 4 proposing to change the word three to four so we 5 can have up to four-story dwelling units on the 6 property. 7 And then in the zoning document, we're 8 changing what was established as the zone height 9 and what we call an actual height of the buildings 10 by five feet each. One went from 45 feet to 50 11 feet, and the other is 55 -- 50 to 55 feet. 12 And we're also -- we put a restriction on 13 ourselves, limited ourselves to 12 units per 14 building. We'd like to revise that and allow up to 15 16 units per building. 16 What happened at the time, we originally had 17 applied for and asked for, was it 80 or 84 units, I 18 forget. 19 UNIDENTIFIED MALE VOICE: (Indiscernible) . 20 MR. ARNOLD: But through the staff review, the 21 Planning Commission review and ultimately the Board 22 of County Commissioners, they authorized only a 23 maximum of 64 units. And some of that was done on 24 the fly, and I don't think we really thought about 25 the impacts to the number of buildings on the site 5 1 clubhouse and pool, which is consistent with where 2 we originally had identified it on our concept 3 plan. 4 And still working with the architect to come 5 up with what that equates to, but the five feet was 6 necessitated by the way we measured the zoned and 7 actual height, and to look at a -- the four-story 8 product likely will have an elevator core which 9 pushes the need to go a little bit higher on 10 elements of the roof because those are included in 11 your actual height measurement. 12 So the changes we're proposing are, in our -- 13 in our position, minor with regard to the changes, 14 and I'm happy to open it up for any questions you 1 15 might have. I think I've covered the changes. 16 They're very simple changes to the -- a couple of 17 pages of the documents. 18 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 19 UNIDENTIFIED FEMALE VOICE: How many units are 20 there? 21 UNIDENTIFIED MALE VOICE: What is that there? 22 MR. ARNOLD: We have 64 units total and that's 23 our detention area. 24 UNIDENTIFIED MALE VOICE: So I'm going to have 25 a big pond behind me. 1 7 f 1 on the east side of the thing, so our building that 2 we're showing here would sit somewhere in this ` 3 vicinity. • 4 UNIDENTIFIED FEMALE VOICE: Great. Okay. 1 5 UNIDENTIFIED FEMALE VOICE: So the bulk of the 6 buildings are going to be across the driveway? 7 MR. ARNOLD: Correct. 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED FEMALE VOICE: What is it going 1 10 to be, an adult community, apartments? 1 11 MR. ARNOLD: Well, market rate straight 12 condominium units. 13 UNIDENTIFIED FEMALE VOICE: Condominiums. 14 MR. ARNOLD: Yeah, we had that discussion, I 15 remember, at the last neighborhood information 16 meeting, whether or not it was going to be age 1 17 restricted or not, but it's not going to be a 55 1 18 and older restricted community. 19 It may turn out to be that's who the buyer 20 profile is, but it's not intended to be an 21 age-restricted community. 22 UNIDENTIFIED FEMALE VOICE: How large are the 23 apartments? How large? Two bedrooms, three? 24 UNIDENTIFIED FEMALE VOICE: Could you guys 25 come up here instead of behind us? gg 9 1 UNIDENTIFIED MALE VOICE: These buildings 2 are -- 3 UNIDENTIFIED MALE VOICE: So the only thing -- 4 MR. ARNOLD: Hang on. One at a time, please. 5 UNIDENTIFIED FEMALE VOICE: One at a time. 6 MR. ARNOLD: We're recording the meeting. 7 UNIDENTIFIED MALE VOICE: The only building, 8 then, that is on the east side of the Hibiscus 9 Drive is that one building, then, to the right? 10 UNIDENTIFIED MALE VOICE: Correct. 11 UNIDENTIFIED MALE VOICE: Okay. And how is 12 that going to be facing? Is that facing 13 Rattlesnake Hammock? 14 UNIDENTIFIED MALE VOICE: It's actually the -- 15 the -- how do you call the front of the building? 16 The entry to the building will be on the 17 Rattlesnake Hammock side. The balcony from the 18 units will face the golf course. 19 UNIDENTIFIED FEMALE VOICE: The golf course, 20 which makes sense. 21 UNIDENTIFIED FEMALE VOICE: And is that 22 parking in front that I can see lightly? 23 UNIDENTIFIED MALE VOICE: Yes. 24 MR. ARNOLD: That's correct. This is all 25 parking and driveway. A y A h 11 1 MR. ARNOLD: Well, I think we went through 2 this at the last neighborhood meeting and at the . i 3 Planning Commission. I think your zoning actually s. 4 allows you to go higher than the three stories that 1 5 you were built, and I think part of that analysis 6 was that some of the other zoning to our west and 7 east allows higher -- higher units -- higher -- 8 taller units than had been constructed. 9 But I think, in reality, we're going back and a 10 adding five feet to the height of this. We had 5j 11 made provisions -- I mean, you're talking about, �I i 12 you know, shoulder height to me of the additional 13 height we're asking. 14 UNIDENTIFIED MALE VOICE: Oh, oh. 15 UNIDENTIFIED MALE VOICE: Yeah. We're not 16 adding a story of height. 17 UNIDENTIFIED MALE VOICE: I misread the 18 letter. 19 MR. ARNOLD: Well, we're adding a story, 20 because the comprehensive plan language that got 21 adopted said that the maximum height should be 22 three stories. Our zoning document made provisions 23 for 45 feet and 50 feet, but when we're looking at 24 the four-story product, we're about five feet short 25 in being able to make that work. So that's why we 13 1 1 UNIDENTIFIED FEMALE VOICE: Yes, that's right. f 2 MR. ARNOLD: Yeah, I think we said that 3 anything that wasn't exotic that we had to remove, 4 we would retain within our buffer. 1{{ 5 UNIDENTIFIED FEMALE VOICE: Right. J! 6 UNIDENTIFIED MALE VOICE: What does it mean, 7 exotic? 1 8 MR. ARNOLD: Brazilian pepper, melaleuca. 9 There's a handful of other types of vegetation, but 1 10 those are the two most common that we typically 1 • 11 deal with in an urban setting. 12 UNIDENTIFIED MALE VOICE: Did you eliminate j 13 them or something? 14 MR. ARNOLD: The county requires you to 15 eradicate them. 16 UNIDENTIFIED MALE VOICE: To get rid of -- 17 they're not -- 18 MR. ARNOLD: Yep. • 19 UNIDENTIFIED MALE VOICE: They're not supposed 20 to be around, then? 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: The parking lot 25 facilities, will they be covered or open to the air 15 1 reduction on our project. But there are turn lanes 2 that exist for --- 3 UNIDENTIFIED MALE VOICE: Yeah, I know there's 4 a turn lane there, but I just wondered, you know, 5 is it going -- 6 UNIDENTIFIED FEMALE VOICE: It's a short turn 7 lane. 8 UNIDENTIFIED FEMALE VOICE: It is. h UNIDENTIFIED MALE VOICE: -- to hold enough 10 cars, you know, because I have to turn on that one, 11 too -- I 12 MR. ARNOLD: Yeah. 13 UNIDENTIFIED MALE VOICE: -- you know, when 14 I'm coming -- when I'm going this way. I've got to 15 make a U-turn to get into my place. 16 MR. ARNOLD: Right. 17 UNIDENTIFIED MALE VOICE: You know, I don't 18 want to pay no $150, $200 unless (indiscernible) . 19 MR. ARNOLD: The Sheriff's Department really 20 (indiscernible) . 21 UNIDENTIFIED MALE VOICE: (Indiscernible) . 22 Okay. Well -- 23 MR. ARNOLD: Yes, sir? 24 UNIDENTIFIED MALE VOICE: Do you know, at this 25 stage, if you're going to be required to provide fi 17 1 it certainly won't be any earlier than January, and 2 most likely February, given scheduling, Nancy. 3 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 4 UNIDENTIFIED MALE VOICE: Will everybody get 5 notified about that? 6 MR. ARNOLD: The county will send out notices. 7 If you received a notice of this meeting, you 8 should receive another notice. And then, of 9 course, the billboard signs will go up on our 10 property announcing those dates as well. 11 UNIDENTIFIED MALE VOICE: The meeting 12 (indiscernible)? (I 13 MR. ARNOLD: Yeah, the big four by eight 14 signs. 15 UNIDENTIFIED MALE VOICE: Yeah. Don't put it 16 way in the back. Put it up in the front 17 (indiscernible) way in the back (indiscernible) . 18 UNIDENTIFIED FEMALE VOICE: Could you call Bob 19 and tell (indiscernible) where (indiscernible) . 20 MR. ARNOLD: Just give us your phone number. 21 We'll -- 22 UNIDENTIFIED MALE VOICE: I know about you 23 guys. 24 UNIDENTIFIED FEMALE VOICE: What are you 25 considering the average cost of these units? 19 1 UNIDENTIFIED FEMALE VOICE: And not put enough 2 money in your reserve (indiscernible) when you sell 3 them. 4 UNIDENTIFIED MALE VOICE: (Indiscernible. ) r 5 (Multiple simultaneous speakers.) . 6 UNIDENTIFIED MALE VOICE: No. 7 UNIDENTIFIED FEMALE VOICE: We know how it is. 8 UNIDENTIFIED FEMALE VOICE: Assume that you've 9 been approved -- 10 UNIDENTIFIED FEMALE VOICE: Been down this If 11 road. I, 12 MR. ARNOLD: One at a time, please. '€ 13 UNIDENTIFIED MALE VOICE: What? 14 UNIDENTIFIED FEMALE VOICE: Been down this 15 road. 16 UNIDENTIFIED MALE VOICE: No. These will be 17 nice units. We are here. We're not going 18 anywhere. yy 19 UNIDENTIFIED FEMALE VOICE: Low condo fees, 20 sure. 'I 21 UNIDENTIFIED MALE VOICE: Well, they will be ti 22 what it is. 23 UNIDENTIFIED FEMALE VOICE: Small reserves. 24 MR. ARNOLD: Yes, ma'am? 25 UNIDENTIFIED FEMALE VOICE: Assuming that you S 1 1 1 21 1 to be -- 2 UNIDENTIFIED MALE VOICE: You know, as soon t 3 as -- what you'll see next at the site, you'll see 1 1 4 a sales trailer. 5 UNIDENTIFIED FEMALE VOICE: Okay. 6 UNIDENTIFIED MALE VOICE: You know, once we get the appropriate permitting and whatnot 7 q h -- 1 T 8 UNIDENTIFIED FEMALE VOICE: Okay. 9 UNIDENTIFIED MALE VOICE: -- that will go out 10 there. And after that, we would start doing site i 11 work on the property. And, again, we have to have l 12 all of our approvals first before we can do that. 13 So I would think somewhere in the midsummer '? 14 time period. 15 UNIDENTIFIED FEMALE VOICE: It seems strange 16 that you don't have any floor plans or whatever 17 developed at this point if you're talking about 18 putting a sales trailer out there. 19 UNIDENTIFIED MALE VOICE: Yeah, we will by 20 that point in time. We hope to get a sales trailer 21 out there sometime in January. And by the time the 22 sales trailer is there, we'll have plans and 23 renderings and everything to show for the 24 marketing. 25 UNIDENTIFIED FEMALE VOICE: And you didn't 23 1 traffic finally hits Rattlesnake? Anything? 2 UNIDENTIFIED FEMALE VOICE: I'm not aware of 3 anything for a traffic light. 4 UNIDENTIFIED FEMALE VOICE: I think they 5 mentioned at the planning meeting that they were m 6 going to ask the traffic engineers. The problem 7 with Rattlesnake Hammock is there isn't anything 8 else they can do. So, I think they were going to 9 look to the -- to the department -- what -- 10 UNIDENTIFIED FEMALE VOICE: Transportation? 11 UNIDENTIFIED FEMALE VOICE: Transportation, to 12 see if there was anything that could be done, but I 13 don't think there was much hope held out for that. 14 MR. ARNOLD: Yeah, they were -- I was going to 15 say they were either retaining a consultant or they 16 were going to do it internally, but they were 17 trying to get a better handle on the volumes of 18 traffic that are on the roadway today and the 19 capacity, and then look at what they could do 20 downstream of either traffic signal or do they need 21 other median openings. What can they do to help. 22 But the county's objective is to make traffic 23 move. 24 UNIDENTIFIED FEMALE VOICE: Right. 25 UNIDENTIFIED MALE VOICE: They don't really s Y 1 i 25 1 1 incorrect, and the county has since corrected those 2 numbers. 3 UNIDENTIFIED MALE VOICE: What I see, I see a 4 parking lot full of golfers over here, okay? And f 1 5 then I see 65 -- 64 units? 1 6 MR. ARNOLD: 64. 1 7 UNIDENTIFIED MALE VOICE: Everyone has one 1 8 car, at least one car. So that's -- ¢¢ 9 MR. ARNOLD: But the peak hours -- they base 9 10 it on peak hour, and peak hour for residential is 11 different than peak hour for golf course when the ; 12 county looks at traffic. 13 So that's why they concluded we didn't have a i 14 problem with the 64 units. 1 15 UNIDENTIFIED MALE VOICE: Well, I don't know 16 what time the golf course opens up, 9:00? I don't 17 play golf, so I don't -- ' • 1 18 UNIDENTIFIED FEMALE VOICE: Seven. 19 UNIDENTIFIED MALE VOICE: Seven? Well`, that's 20 just right during the rush hour, then, people 21 pulling in. That's when people pulling in there, 22 you know, they get in -- 23 MR. ARNOLD: I think the county is comfortable 24 with our traffic impacts and that we've mitigated 25 for them through a reduction in traffic and paying I 27 ) 1 debated previously, and I think everybody was 2 comfortable knowing that that's (indiscernible) . 1 3 UNIDENTIFIED MALE VOICE: Who's comfortable 4 with that? 5 MR. ARNOLD: The county. (Indiscernible) . 6 UNIDENTIFIED MALE VOICE: The county? 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) ? 8 UNIDENTIFIED MALE VOICE: The traffic issue, 9 Dan, has essentially been approved. 10 UNIDENTIFIED MALE VOICE: Yes. 11 UNIDENTIFIED FEMALE VOICE: Yes. 12 MR. ARNOLD: Yes. 13 UNIDENTIFIED FEMALE VOICE: Well, I think 14 that's why they reduced the number -- 15 UNIDENTIFIED MALE VOICE: Right. 16 UNIDENTIFIED FEMALE VOICE: -- from 84 to 17 64 -- 18 UNIDENTIFIED MALE VOICE: Right. 19 UNIDENTIFIED FEMALE VOICE: -- was to somehow 20 accommodate that traffic. 21 MR. ARNOLD: That's correct. 22 UNIDENTIFIED MALE VOICE: Yep. 23 MR. ARNOLD: And these gentleman -- what's the 24 number, $25,000 or something like that you're 25 required to pay towards the CAT system of some 29 1 UNIDENTIFIED MALE VOICE: A lake? 2 MR. ARNOLD: That's on the west side of the 3 entrance. 4 UNIDENTIFIED MALE VOICE: (Indiscernible) . 5 (Multiple simultaneous speakers.) 6 MR. ARNOLD: I think they occur naturally 7 after time. 8 UNIDENTIFIED MALE VOICE: Oh, yeah, yeah, 9 yeah. I know they fill up (indiscernible) bring 10 them in. I know that. Oh, that sounds good. 11 UNIDENTIFIED FEMALE VOICE: And how many 12 parking units -- parking spaces are you allowing 13 per unit? 14 MR. ARNOLD: It varies, depending on the size 15 of unit, whether or not it's a one bedroom, two 16 bedroom, et cetera, and I don't know their mix to ( 17 tell you how many parking spaces we're going to 18 have. 19 UNIDENTIFIED MALE VOICE: Right now, the total 20 provided on this plan is 139 spaces. 21 UNIDENTIFIED FEMALE VOICE: 139 spaces and -- 22 UNIDENTIFIED MALE VOICE: And the requirement 23 we have is 128. 24 UNIDENTIFIED FEMALE VOICE: That's more than 25 two. 31 1 UNIDENTIFIED MALE VOICE: No, no, no, just the 2 people who -- 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MR. ARNOLD: Residents only. 5 UNIDENTIFIED MALE VOICE: Okay. 6 MR. ARNOLD: Anything else from anybody who 7 hasn't had a chance to speak? Anything else? 8 UNIDENTIFIED FEMALE VOICE: Will that be a 9 public clubhouse. _ 10 UNIDENTIFIED MALE VOICE: No. 11 UNIDENTIFIED FEMALE VOICE: Or just 12 exclusively for -- 13 UNIDENTIFIED FEMALE VOICE: Just residents. 14 UNIDENTIFIED MALE VOICE: Just for the condos. 15 UNIDENTIFIED FEMALE VOICE: Just for the 16 residents of the condos? 17 UNIDENTIFIED MALE VOICE: Correct. Yeah. • k 18 MR. ARNOLD: Sue, Nancy, anything else? 19 UNIDENTIFIED FEMALE VOICE: No. 20 UNIDENTIFIED FEMALE VOICE: No. 21 MR. ARNOLD: Are we ready to close it down? 22 All right. Thanks for coming, everybody and -- 23 UNIDENTIFIED FEMALE VOICE: Thank you. 24 MR. ARNOLD: -- appreciate it. 25 (Recording concluded. ) Affidavit of Posting Notice IIGradyMinor . 1. :'' `:. iii:. ^'K'" y - Y F E i is - tea, i . ::a`w • A• m 1 , M may, e - ] , 3 t y .. V •SZb "tea i Y M1C1 1014..0liktiK __.__.-.-.. 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