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Agenda 04/26/2016 Item #17B (CPSS-2015-2) AGENDA BCC GMP AMENDMENT CPSS -20 15 -2 April 26 , 2016 COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENT w lei yea �. _. M '� 1 "PI E ', !I EL k 1 # j K lows ESTA1EB eke CLUB I---,. 17 `', Sr_ ESTATES PROJECT CA1MOuC "`N LOCATION Y i_ I RA1 T J$I+AIXF I4,4Wk CCK -•i 1 \. 9 ''� 6C}i.$131; Lots LEO CLUB 20 Ir" ° P�LliS f ti, 1 LAY, A � T f1P ■ 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 EXECUTIVE SUMMARY Recommendation to approve (adopt) the Hibiscus Residential Infill Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20150002354/CPSS-2015-2) [Companion to Petition PDI-PL20150002326] OBJECTIVE: For the Board of County Commissioners (Board) to approve (adopt) the proposed small-scale Growth Management Plan Amendment (GMPA) and approve the amendment for transmittal to the Florida Department of Economic Opportunity(DEO). CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard once by the Collier County Planning Commission (CCPC) and the Board. If approved by the Board, the petition is transmitted to the DEO. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, as identified below, followed by staff comments in[brackets]. (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 and: [Subject site is ±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. [In calendar year 2016, no small scale development amendments have been adopted] (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. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be 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 for a 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] ******intentional break****** (3) If the small scale development amendment involves a site within a rural area of opportunity as defined under s.288.0656(2)(d)... [The subject property is not within a rural area of opportunity] (4) 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] This petition seeks to amend the Future Land Use Element(FLUE) of the Collier County Growth Management Plan by: Revising the text of the Hibiscus Residential Infill Subdistrict, adopted by Ordinance No. 2015-26, to increase the maximum allowable height to four stories to help accommodate the previously approved maximum of 64 dwelling units at a density of 8.10 dwelling units per acre. The proposed amended Subdistrict text, as recommended by the CCPC, is depicted on Ordinance Exhibit"A." FINDINGS AND CONCLUSIONS: Based on the review of this small-scale GMP amendment petition, including the supporting data and analysis, staff makes the following findings 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 project 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. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore,there are no fiscal impacts to Collier County as a result of the adoption of this amendment. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. After the Board determines that the project qualifies for a small scale amendment under s. 163.3187, FS, the Board should consider the following criteria in making its decision: "plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue." s. 163.3177(1)(f), FS, in addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies,public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community's economy. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [HFAC] GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for transmittal to the Florida Department of Economic Opportunity will commence the thirty-day (30) challenge period for any affected person. Provided the small-scale development amendment is not challenged, it shall become effective thirty-one(31) days after Board adoption. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: That the Board adopt and transmit this small-scale GMP amendment to the Florida DEO, either as submitted or as recommended to be modified by the Planning Commission. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their February 18, 2016 meeting, and voted unanimously (6/0) to forward the subject petition to the Board with a recommendation to adopt and transmit to the Florida DEO, subject to one change: rather than increase the height limitation from three stories to four stories, as requested by the petitioner, instead delete the height limitation altogether. Height is addressed in the Hibiscus Residential Planned Unit Development Ordinance. The petitioner was in agreement with this change. The proposed Ordinance Exhibit "A" reflects the CCPC recommendation. Prepared by: Sue Faulkner, Principal Planner, Comprehensive Planning Section,Zoning Division, Growth Management Department Attachments: 1) CCPC Adoption Staff Report 2) Ordinance and Exhibit"A"text 3) Project application and documentation are available at: http://apps3.colliergov.net/agenda/ftp/2016BCCMeetings/AgendaApril2616/GrowthMgmt /GMPA Petition PL20160002354.pdf e-r Coz,.-n.ty 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 a+• Lk r �, v:,,a ; 4 �. st 11, +�`�s ^,."a I4� AIM • r_ ffi r 4 ; L 3 ; 1 A . f 4 j . RATT svnt i'\i�i,r_«� . ,.t sili )*411111 1 _ ,:. , ' v"1` - - Ap -• ire lithT" :4 ,•' ti 4 it.Ain Y S -• PP ; L !• .41 # % '' 4 r J 1 a --1_ � i ,�.r�. ' �_ 1. 0 14 JJIIII te• • � � rt 4 . • - _..,... , . T et AI sin , , , _ ., I ,- •C ma-„ .• v Y �'- C� c _v .,-'r,cem,•acnr. ,v,__,.._ •_ -�� _',:. .. - ___ _ _, - , 0__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 Inhll 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 PREPARED BY: .. �r�.Dujgz. DATE: - 2 Q._ I r% SUE FAULKNER, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION REVIEWED BY: -DATE: / Z z DAVID WEEKS, AICP, GROWTH MANAGEMENT MANAGER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION DATE: (-2 - l t, MICHAEL BOSI, AICP, DIRECTOR ZONING DIVISION APPROVED BY: . 1 - 1 �s� DATE 026 - JA -ENCH, DEPUTY DEPARTMENT HEAD • H MANAGEMENT DEPARTMENT ~ 1 666 DATE: LA 1'4 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 REMOVE THE THREE STORY HEIGHT LIMITATION. 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] 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-00957/1239932/1]41 1 of 3 PL20150002354/CPSS-2015-2 I Hibiscus Small Scale GMPA—2/19/16 Words underlined are added,words stFusk- eugh 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-00957/1239932/1]41 2 of 3 PL20 1 50002354/CPSS-2015-2 1 Hibiscus Small Scale GMPA—2/19/16 Words underlined are added,words 91fmk-through have been deleted. PL20150002354/CPSS-2015-2 EXHIBIT A FUTURE LAND USE ELEMENT I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Urban Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** 17. Hibiscus Residential Will 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 "Re 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 1 Words underlined are added;words stuck-through are deleted. Row of asterisks(*** *** ***)denotes break in text. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,April 26,2016 commencing at 9:00 a.m., in the Board of County Commissioners Chamber,Third Floor,Collier 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 REMOVE THE THREE STORY HEIGHT LIMITATION. 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; TO INCREASE THE NUMBER OF RESIDENTIAL UNITS ALLOWED PER BUILDING FROM 12 UNITS TO 16 UNITS AND TO CORRECT A SCRIVENER'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] SHADOW- YOUTH LAGO Z HAVEN � �� WATERFORD WOOD VERDE • ; ESTATES ROYAL WOODS ., • G&C CWB RIVIERA 18 COLONY 17 z GOLF I O 16 ST. PETER'S ESTATES PROJECT CATHOLIC CHURCH LOCATION MANDALAY SONG UM RATTLESNAKE H A M M O C K R O D (C.R.864) LELY � LELY PALMS 94 COUNTRY CLUB �9� 19 20 (DRI) 21 LELY rG SQUARE 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, FL., 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, Suite 401, Collier County Government Center, East 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 Tuesday, April 26,2016 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) No.1019292 April 6.2016 NapLri Battu NrWS NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority,personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County,Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 898289 NOTICE OF PUBLIC HEA 45-161942 Pub Dates January 29,2016 t (Sign ure of affiant) Sworn to and subscribed before me I Y'��re� Noarry P'YO N Sine of ftaidaa 0 This February 2,2016 1 Commission r Slate 9008 0 0 / I na•s. Banded mt rough Expires National Notary Assn. i ;rn'ilIt 'i (Signatur of affiant) 24A s Fridays.January 29.2016 a NA.LES OA',NEWS Oman occupation a FBI video of shooting shows LED Z victim reaching into jacket , E Q RyNkhelas K.Oarans sions,Ylnimmreaches his them as David Fry,who is '� . E W aao Mamma P.sey righthmamwardapockm from Ohio;husband and €t Z aESOawdRes nn the left inside portion wife Sean and Sandy An- of his jacket"said Greg deeson,of Idaho:and Jeff a- t-,- 0. V BUM.Ote.-The FBI re- Bretimmgg,,special agent is Banta of Nevada- leased vLieo Thursday charge for the FBI mpor:- Fry toldthe station Sean _ - O) J of the shooting death of land. Anderson faces•federal _ ` el m a spokes- ^lie did have•loaded n warrant. ? '- x Ca ' man for the 9mm semi-automatic Ammon Bundy on ' � - armed oc handgun m the pocket" •Thursday released ■ s °.4 C_ 0. copiers of he said. statement through his r.- 1111 ,, C LL a wildlife Brazing also said Finn- rorney repelling his call - r ,^' ' O 0 refuge that comb truck nearly hit an foe the last occupiers to - - ' shows the - -, FBI agent before h got leave peacefully,'Mem ._-N man reach- • b muck in the snow. yourselves in and do not -' y - "• W into his "Actions have cone- use /. tn Q V jacket before Robert LavoY vences."Bret Al It people 4 1 d s I nolcum 9 :Ins said. 11 people under a• he fell into 'The FBI and OSP tried to rear have been charged _— , ` "-� 0. Q N 6 the saow.The FBI said the effect these aver pa peace- with a felony count of con- �� `-' fa .. s Q man had•loaded gun in fully." spiting to impede federal Z Z Q Z his pocket Tae Examiner's officers from ca out Authorities showed the cal Examino 3 Office on their duties through video am news conference Thursday confirmed the or intimidation, -to counter claims that the person shot in the Iles- Three of the 11 were en helledin the Thesday day confrontation was arrested Wednesday .t.-- = -=F co confrontationon a remote Fanirum,a 54-year-old night when they left the - '-' o-� Oregon highcmmtryroad Arizonarmcher- refiege. 0) —Robert Lavoy Finicum At the news conference Ammon Bundy is the C —did nothing to provoke in Burns,Bretsing said son of Nevada reacher 0 officers. four occupiers are still Cliven Bundy,who was F N During that confronts- holed up at the Malheur involved In a tense 2014 \REGEI ICY 1 Lion,the FBI and Oregon National VYildlife Refuge. standoff with the govern- 0) State Troopers arrested "The negotiators con- meat over grazing tights. C 1 I t 1 N 4 FANS 0) five main figures in the Untie to work around the The gawp came to the L_ 03 F occupation. including clock to talk m those ktsr desert of eastern Oregon 1n 7,,c,-a 0 O. _ Ammon Bundy, their people in an effort to get in the dead of winter to di fA T C ° leader- them to come out peace- decry what it calls oner- -1 0 0 ,C TM video,shut the fully,"he said. ous federal land remit- F BI FBI from an airplane, The occupation by Lions and to object to the • • shows Bundy's vehicle ranchers and others be- Bison sentences of two Lighting 0) N ED stoppped yt ponce oe a Mart on lea.2,and at one prison convicted road.Awhtte truckdtiven point there wereseouple of uttirlg fireL Q Q (/) CI by Pmlcum was stopped of dozen people holed Ina criminal tom- but took off with ors up,demanding that the plaint Wednesday,ft d- Fir J t in pursuit. The v ide federal turn erai authorities said the shows Fmicum's vehicle public lands over to local armed group had explo- plowing into•snowbank controL sires and night-vision whet=costuming stood- But the compound has goggles and was pre- block- been emptying out since pared to fight. www,LlghtingFlrst.uS Aramidentifiedas Frei- the arrest of Bundy,and The charges against C cum gets out of the truck loothersoverthe past few Bundy and others t{;} At first he has his hands *nand with the death of that the refuge's 16 em-say - Naples•2393753100,4600 Tamiamllr.E ! - Ill up,tut then he reaches Flnlcum- ployees hen bees pre- Boma Swarm-239949.2544298025.TamfamiTr. 1111,,,�A into Ms pocket and he fails Oregon Public Broad- vented from repotting to --- N into the snow. casting spoke with the work because of threats Fort Myers-239.32254K 17979 S.Gaualard Ave. tClratt50S0 "On at least two Deco- holdouts and identified nfviolence. -_ -- -,.. Oh X CV PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE (II= 0 NOTICE OF PUBLIC HEARING CO 4 V Q NOTICE OF INTENT TO CONSIDER ORDINANCE(S) S ictio, on_co Ch Z vs Z No'ke N hereby Shen MY the Caller Canty FINN*Cennhabn WI had a pubk Q m lOe,OR Tnamay,FeMUy tat,ffiit,aa,wna,d,g d a:00 A.N.M the Bond a Carib COME & GET IT! L camnmhmem Clamber,Third Roo,,County Government Can.,saga twnatl TM EMI, O1 Naples,R The pupae of the hewing a to consider: E AN atnA ORDINANCE of THE BOARD aF COUNTY coFMNNoro, Of COWER COMM 2 Days Only FRIDAY & SATURDAY FLORIDA AMENDING ORDNANCE N4 UNTO O AWNED,THE COWER COUNTY • DROWN MANAGEMENT NAN FOR THE UN lliNs RATED PAPA OF atiy at COMITY, CD Z 0) FLORIDA,SPECIFICALLY AAENWIO THE FUME LAND UM ELNAI'NT W REMIND .0 O. THE NBNCUS RENDEN550 NPLL SUBDISTRICT TO/*CREASE TIE NEWT TO A MAXIMUM OF FOUR STORIES.THE SUBJECT PROPERTY N LOCATED ON THE SOUTH Friday♦4 Saturday Ste.( E C F- MDE OF RATTLESNAKE HAMMO Th ROAD AT THE INIEROECTae of OF 7.0 a a DRIVEN Save Even I F- SECTION N,TOMMNP 55 NIXRN,RANGE TO 20 EAST CONSISTING OF Tl ACRES;AND More On 3 f"' • 0 FURTHFRMORE,RQONOENDINn TRANSMITTAL OFTiE ADOPTED MADDa16a0TO THE 00 �f. Z w N 0 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,PROVIDING FOR @YERAEBITT Clearance -^ . N 0 ENO PROVIDING FOR AN SSFECTNFeXArENNSmlODmsweps->Das3J s- Q C ai U AN ORDINANCE OF THE BOARD OF COUNN"TY COMMNNONERS OF COLLIER COUNTY. off �F'LWNED UN ORDINANCE NUMBER THE N Sweaters! ;„eMNIMSGOFen>�ENT LOUMys"AI�o"wTED ERB55moEFAOgeii TO nom to le •o/uugUe Red Purchase woof Sweaters *IRS.THE SUBJECT PROPERTY N LOCATED CAI TREEDUTH SIDE OF RATTLESNAKE- �e Red Dot Clearance Sweaters HAMMOCK RDA,ATTNE NTERSECt10NOFNIBNCUaDDVENaECTNI**TOWNSHIP •Ladles D SOUTH,RANGE 26 EAST COWER cOtarrf,FLORIDA,CONSISTING OF LW-ACRES ' AND GY PRO0amNG AM EMOTIVE DATE INOMa-eNagW3D1 Men's "+ MO II V - •Men S ONLNEIISEPROMOr:Yff:awDIresa _i VII E1 ,•amet a te_ itEDDOT• ono ° .,PROJECT ... - --, LOCATION ffl TA.....r T°w r "r N'Kirau -ila I7,..Q BwC:y s�I lnaiosoasinn .i as mr L7.-s>r CO �'Zt\ ,� :o i, (yo 7DD200,D9DaB■5EE , 2 C a.sH, ''\� i — 1 a m, - 30off _ OAEl d.ested pwlhsere0NMdtoappw end Whew*Cap dreimpose,/ORD/NANOENF Entire Purchase Ot Red DotClearance *seises «a be mode mailable tar hso.ceon at ew ONO Zoning Divecn,Campreheeive Rwmng Each,2500 N.Hee...8oe Da.Nodes.between Ora Mum of e:00AAl.air 5:00 P.M.,Merdal t _ w w,ough FMK.Furthermore Ito ma.Nle will be trade eal.DM for mneeum at the Collier Feidoya r_/11— = g' FAdry S (�/R__� 1y C) Caney CleaN 000..FDMr Floor,Col.County Gmemment Grier,KM Tanteo,Tot fy,t. Saturday .TLTAtakTif i$,y1J Saturday 3T�LttIPZa ,g7 (y aide at,NKRIs,,a,week Ma to ine JmOHae newn port ono to IM Ti 4 B� d 9 My. pertaining GGG q &consols should b.trawled,m he IWO Zoning e Di is.,Cwnprehmare eg Fins aeaSen. Q -Ti 1. =yd g Written comments Had sir Me Cie te the Bards Mee pia to TTMasg FORM),1S, 8 C _� MI,ME be mad and cmtidwad at The rook hSMO, es 50Off..rata. II a pawn deckles to appeal any daleien made by the Ca m C M*PlemME CPmarYJan l off = 'e( �aa� son nap.w am me m consumed M men memo cr he.mg,he ME read•mere a inn Entire Purchase,I My One Sale Item a� 5 .'fiI arme edhgandlaschprpoeham mym.edmesurethata..balmmeadcrawproceeding. HOME Red Dot Clearance Fa ,, R node. U5155 the �n10 .try. .'.ryF..., �. ^..r ,•.'�,Y ,..n..r .... Y Ytr,N a[arson wit le desdity who needs,ny,DgmmnMYnine ardor m n Ft.a00 n this proceeding you are miired,dm cost to you,to Me pm•AwonotoMen ntwine.amecont01. ' hop:don mom Feawlles Mw 2-in50 Dwain baled al m to 1wnunt WI Eat SOb 101, sw•ee we,welDSS,nPaa ta Ca Naples,FL 51112-5356,sotthd.es ays,at lest two days of t N tits medic.Asserted latenmg e deruN Tonneh,Reg MCKIM are avakde in the Bawd of Cooly Commoners Mee. Ns D area 10%e a retdsAP Nadine whom ate Mem P.Shan,CtWmwn Sun Nat SIyM w.N awda Frldo gNard Wades 190117 wawa. Cola County Planning Corrnio ion aT T ate o-A;:;;r4MNxsrac5s.s ono. ,:,=.ohsenara.s,00.,.-h1a Iq.RaSI1 Jm.nA NIB .J.a9nvapnrr-.—Sr womw� tlaawmecp�m a�In r,,...:F:,.rer:rat •n car. .L LL 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 -RANGE- ;C 26 EASTOLLIER-GOUNTY,-FLORIDA CONSISTING-0F7:9+7=A-ORES;-- - - - AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20150002326] z SHADOW- LAGO ¢ HAUVEN WATERFORD WOOD VERDE m ESTATES ROYAL WOODS RIVIERA L C CLUB Z -� 16 COLONY j 17 GOLF • 0 ST. PETER'S E S PROJECT 16 CATHOLIC CHURCH I LOCATION MANDALAY X18 /r _ RATTLESNAKE HAMMOCK RO (C.R.864) LELY T•T LELY PALMS COUNTRY T CLUB �9� 19 20 (DR!) 21 LELY rG SOUARE SABAL BAY SA,� LELY,A RESORT COMMUNITY J (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 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, 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 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 Rev City Naples State Florida Zip Code 34134 Phone Number 239-947-1 144 Email warnold @aradyminor.com Company Richard D. Yovanovich, Esa, 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 twee-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 l"=400'. At least one copy reduced to 8- 1/2 x 11 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-11.006(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-11.006(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 COPY EXHIBIT I . D . 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.corn D. Wayne Arnold, AICP Principal, Director of Planning GhadvMnoh 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- p g Directors Amendment • Orangetree (Settlement Area) Growth Management Plan Amendment • Mercato Mixed Use Planned Development • North Point DRI/MPD r • Vornado RPUD •' �� e= - • Orange Blossom Ranch MPD ` 4 • 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. LAND USE W Y _ - rW` tl I ri\ ` — .,tlA flRHXi HH�$JNM (1�IfA1 Cf�SPI -1,9)0n,..:_ou.\9NINNb1d Ih d\m N INg .'Mg E o" s 6 � sor co \\\ ` - -' -'-'' ' ".11‘"- )t," - , _. . T .T. C t.. r h b9 in 4 q` .o , r Q a oow jr; E czw wz J Z,�• E r N I :`r W O°4 _ Z W £ o 4 Y N W 41/ ce 0 W-(Z ,ry s a z W 3^� y F .4164.L 'h. h hr`f .°'ty mow __` � `'�` al �W W 2 ?, °o m -s� o -r- a r ,r.,,,,,",-;&-4.--' z , - -. ?�'g O N w�i.as q te E K E. a= w g CRCL,o 3,-.4 z D ORA L R. i- Z ?} Z 4 sd fi.' + .�`ph .....1:, . ''',,p,,:3" do,' .= ,....4#7° --' I* - : :i :I.. —,t,''Ki 2 ..,- `.:.. a O{s U E 2 U� iii T.,tti t -, 1 , • t- Z'e4 z g N je x Q O. Z Q. , sg, ' 4 U F i t m Q` _Fg w O 2 H D t Z O 7 ` _. _ w O Z co l‘o 7 re w s' 4 LL mJ 4"'a = W J W xe Jr 'aa OWJ w �"J° '�§s�' iy � :E LL W U� 3 z O U w Y w J¢ aaD �O— = wU U aw ?M m m W Z • O N /f' C w SOO o ?.4 RU_�� O re 6 W a 2 6 z Zj Z W W LL a_ i9 Z W N W O NI z 9 EZ ._,..7 4). W N r, z z Z F-Z W WW a z U SW O N r 1-Z E j r N X ¢ N W X 7 X W W Q Z W y ta cc COPY EXHIBIT V1B1 FUTURE LAND USE DESIGNATION T46S I T47S I T4BS I T49S I T50S I T51S I T52S I T53S - ? egg t !l iii I 1 -it / i £ I -_. . 1 "-s g g i"s_ RR s r !g .Rg e4ig fg e 61 1a 66 sl II g 6 B d 3 l e S 'S i 8 '3 l l iR iR IR @i IR IR IR lF it &Ig&I iB z R;B i 1 I4g & t effe eE111111 �e @e5e> ff a !' § g i i� 5 as 1 11111 11 / 1 / 1 11 It 11 it lg 1- A1MICO 3090 _ AINf1DJ OtlaM08B gg s< liii l I. !sill / u)re w ❑u❑❑o°-❑ ice❑❑{ - w w �o s4 r�i Q n G d h b I ti II eQ Gil! 41 z5;161 -4 tIP;; 1 g 14 is cn .= g >�ig❑I;Nol O❑❑ ❑)D DOD a' r — ❑ ill k i t / w u) cs,E b / J m • E a @ Z 0— J g i l d 11-1 lg ;240; s g'gil 1 gi :#1q:1 Q o@ g o ii q"-Egs g I g@ g.-E -1 ,., #° $w H w 01 I / i g!li Mitt l a 6j` 11;11 3 4 FdbzI �� Z M, =g❑O Uii•❑�.❑6D®®❑:0 333_ W � p W w m w w o U Fir_ g Iii)IiI s. ,.._ . . U.1 g aE g a ' u _ry L 4 .„ a •: — r a o. w : _ O w ,1 ..... ,..,' E,9 D w V W W CC X12_ 1 ;� :" ❑ x CI 2 �, __.., Z Z w 33gOU ;1v•R w z r w g �yWy r BNG >[� k J 0'n I EEC i l6 C 3 s- �z r-- $ ce W _ W w �F g S ,'aJ. g J Z u- ❑ Nom ° <_ ' ,'0 ' i , � ^: a - m II E Z a rte:" .� o,w2 / ' _li.�= Ili _ W H- (Y fora 8 ' i �� �i ' 1 l 0 w 1— ` Li :11111r.-111.1r=7.mirali117-1- � /!liar i ."t"' 112 w /♦ m W D i_ 0 N QxiCI RS N V`n = m o., ,,._ Gulf of M is °� x ❑ w�acn HQFW x w cn S94l. SL41 5841 NHUa S 64 1 � SOS 1 � S t9 1 W a S ZS 1 I S £S 1 ( � 0 y o_ W m m ri CC] U� co LL E S , .......... _,.., ... .. .... .. , . , EXHIBIT A PETITION OPSS-2014-1 . HIBISCUS RESIDENTIAL INFILL SUBDISTRICT Dit........0%.1411 COLLIER COUNTY, FLORIDA rw„„,,, , .... 2: 111111111111 MigiliffAl 0 i ""girialdri , . at * 1,#40■'.111111. IL AIIIIII = fire„ I linattiai IfEr.v4pul AI rimmil ES El, = s -- - ilinuisitititit *44it,IN -411= IL.011111 'IV: =ND iri.lipitAa. _ .1 AMU BE .3:-- milikapip. 0, fIL.4111111111 — MOS t r diriti,#■ 4, I ri 4 I ri Vilf 4F . ilpgaum;a12. fflhnie t _____i 6:1111 'Rio• AS Ito, aft Amu **** 40440 • ....ligttaitarl 1 ..4.. itrist . • #. 0 • 'Z. ivinnar4. ot____ = = - -.40. lila is,v-A 00- - - he illIIMM MO I iffill M.N. V..., ants = . Pr..**Iseia in ilillroill Atiliat ON MS NO ow Veil im, a IL_ grnim"' Val A 'Annan jik 0" • .. - olittplunis man -• 1 - amminn •• •• u 1,111i RATTLESNAKE HAUMOCK ROAD ' -,‘ Nijiami W. I; , I mai, Akrielmus: ‘.k,sVk \N , • Ira 11 ■rwir um= NI It°411 40## . 111111111111111 , 1 •minimally gi\lit fil' IThjiiii . kill/Pipe . . ,4& e *At -c• . , • 1 • 11111111111 * #* 41 i #Iilniir 4, 4 4 1 4 4tIP I w '' 44. 40 tr„ is, • A ' i lain • .# 14' 1 1 14 4 • # 011.1 il #A 14,-. 1 \IIII OR 1111P. t, • ft 0 4 l'iti. i ‘141 46%1P10.40, *.• ilt ittr. Ill *40 410 _ _ • •. . 0114 -00 . oil is 0 00 lit,... iii 04 •6:4' 4.0447.404#.711, 011110,0 lirr vifik* * ' NO' 10. 4111M 114 IP' 10 fi*44 4#4 ' A I • • A . ,, • asio so* iorip C\ al IONS . . LEGEND 1... 1 b0 li HIBISCUS SCALE ' RESIDEN11AL k . INFILL k- SUBDISTRICT PREPARED BY: GI/CAD MAPPIND SECTION Pilli I I I COLLIER COUNTY GROWTH MO,NAGEMENT DIVISION 0 SW FT. 1000 FT. DATE: 7/2014 FILE C2013-10R.DIVO a- 3 i Page .2 ota__ _.. ....._. _ . COPY EXHIBIT V. G. SUPPLEMENTAL INFORMATION .' Llk6' 3419347 OR: 3585 PG: 1982 RECORDED in OFFICIAL RECORDS of COLLIER COURT!, FL T 06/11/2004 at 02:35PK DWIGHT E. BIOCI, CLUB COBS 3800000.00 This instrument prepared by: REC FEE 44.00 . Marjie C.Nealon,Esq. DOC-,70 26600,00 Bilzin Sumberg Baena Price&Axelrod LLP Retn: 200 South Biscayne Boulevard BILBIN SDKBBRG IT AL Suite 2500 200 S BISCAYEB BLVD t2500 Miami,FL 33131 KIAKI FL 33131 5340 SPECIAL WARRANTY DEED THIS INDENTURE,made as of the tc 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 - . <` „ * r` 601 Washington Avenue, Suite 700, Miami Beach, Florida 33139, '• f : • NASS I . : VENTURES, L.L.C., a Florida limited liability company("G i t ' ,whose address is 9 I C: leria Court, Suite 316,Naples, Florida 34109 and whose . •:yer d . n. : . : : I.. : is . Grantor, for . • ,..• ,,.;.. . , • _ ':n and No/100 U.S. Dollars ($10.00), lawful money of , ,'ted States of - ..?= . to • hand paid by Grantee, at or before the unsealing and deliv,.... these presents, -Tr ,i• y hich is hereby acknowledged, has granted, bargained, sold, : : • remised, released, 5 ed and confirmed and by these presents does grant,bargain,sell, : R . :. 'se,releas- and confirm unto Grantee and its successors and assigns forever, the :: e • •. - • r -, lying and being in the County of Collier, State of Florida, and more p. i . • . 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. 17249611881T 0 679476 v 1 6/2/04 1:43 PM 011: 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 • ; '.4•L TA, NATIONAL ASSOCIATION, ,,-8, '1 !�^ L 1' 4 OWN AS NORWEST BANK Q t t ATIONAL ASSOCIATION, AS TRUST y 1 ER THAT CERTAIN c a tk _ • ,RVICING AGREEMENT, 1 ' D OF I :ER 11,1998,BY AND ` • 2;R.-- T T ' •UISSE FIRST BOSTON VI ► CURII7ES n , CORP. I NORVVFST BANK I Dk N4 T• .• ONAL ASSOCIATION, AMON f-t��'i�+' (FOR DEPOSITOR'S COMMER /"i MORTGAGE PASS- 0 1'O ,e,, .TIFICATES SERIES � �A C� , 1998- By: Lennar Partners, Inc., a Florida corporation, its attorney-in-fact Signa i _0 1 _ a� �� '.� ,�./�..,._ By: ' (SEAL) Print N; .1 !_ ':.W;..�,,. Name: Steven D.Ferreira Title:Vice President Signs h aru Print N a );.(. `a✓ 172496118817\#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 41 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 impersonally known to me or 0 has produced a driver's license as identification. Notary ''Public . •. e 1, Is 0 t kr, lv My Commission Expires: , j CAROL J.ABE11EiRA 01111-b •tort'Public-State of Fbrkia Con 1$2�6 ` Commission i DD150949 O V m. Bonded By Notbnal Notary Assn. PIE C1C Tax Folio Numbers: 55150040004; 55150120005; 54048094; and 5515028000 554154 1724961188171#679476 v 1 6QJ04 1:43 PM -3- • r 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 :-— . • the following described parcels: Less: An area of land previously •..•%1_• as 'e - -.. 1-. ility of Lely Estates lying to the North of the FOREST HILLS ` IN of the Lely Gol -s as recorded in Plat Book 10, Page 84 of the public recor• of 'o+ er o ' • • :1 . he • •• -r designated as Tract "AC" and more particularly,descri• -. : fo ow From a Point of Beginning .t th• �.rth 0.11.0 . , : '4,of said FOREST HILLS 4 SECTION as described •• e �. • • -,- 1 -1 •- Ia. for 29.07 feet; thence run North 43 degrees 33'59" W. . a r 128.61 feet; th- 'i•- E • 62 degrees 59'42" West for 51.57 feet;thence run North . - - 08'16" West r" s,- ,thence run North 43 degrees 33'59"West for 237.39 feet;the,s North 32 degrees 1. & i est for 205.38 feet;thence run North 77 degrees 23'56" East for •4)1 -- •thence ' 0 degrees 44'51"East for 351.14 feet; thence run South 62 degrees ' PgAst II •0 R 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 . . * 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 ► : —.a ' •e:.ees 47'38" West for 73.75 feet; thence North 30 degrees 04'33" East for 58. -:' . .`•fie 161.. • . degrees 32'56" East for 103.28 feet to the Point of Beginning; Q- 1 T' and Less: That certain three foot stri . /s� . o ; ,_ 7." : le to the rear(South)property line of Lot 37,Block 12,P'•-h tit'. s�. o , r . ,- f e -►fin Plat Book 12,Page 1, of the Public Records of Col ' ' 711-E CIRc 2 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q.Grady Minor and Associates,P.A.and Coleman,Yovanovich and Koester, PA. (Name of Agentj to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identifNci in this Application. 14/1 4 ; " . , , , Signed: Al i I V° ° ■ f Date 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 completWo t best of my knowledge. ''''',.7) #„?. i'l / / li Sig atureg Applicant v David Nassit as Managing Member of Nassif Golf Ventures,110. Name-Typed or Printed STATE OF I Florida COUNTY OF (Collier i Sworn to and substfribed before me this ,':- day of Litt_;', _ A 2015 by i , / ' 1, i, 1,', ,' I- L-----, MY COMMISSION E P • . \.„,„ _ Notary Public 00.2, DAWN JERULLE it'''Clel 4?1, Notary Penne•State ot Florida 7.2• i.i tAy Do m Expires Sep 29,2018 CHOOSE ONE OF THE FOLLOWING: t 1 Coatralaslon at FF 154105 c4:gir- tiontied Oro*National NM Assn. A who is personally known to me, who has produced as identification and did take an Oath did not take and Oath NOTICE-BE AWARE THAT: Florida Statute Section 837.06- False Offidal 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 to a maximum of%500.00 and/or maximum of a sixty day jail term? 7 COPY APPROVED ORDINANCE NO . 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 CPSS-2014-11 WHEREAS, Collier County, pursuant to Section 1633161, 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 [14-CMP-00933/1160638/1]64 1 of 3 PL20140000193/CPSS-2014-1 —Hibiscus Residential mull Subdistrict Small Scale Adoption Amendment—rev.3/11/15 Words underlined are added,words struck through have been deleted. 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 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. [14-CMP-00933/1160638/1]64 2 013 13120 I 40000193/CPSS-2014-I —Hibiscus Residential Intill Subdistrict Small Scale Adoption Amendment—rev.3/11/15 Words underlined are added,words struck through have been deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this /Y-11- day of Apr; I ,2015. BOARD OF COUNTY COMMISSIONERS DWIgHT.-E-BR.pcl: CLERK COLLIER C 0.... Y, FLORIDA 4 BY / TIM NANCE, Chairman MOPS-0— 10 W 1 ,..\c-, ,, signature Onlv, ., Appr ved as to form and legality: i / d 01 Ltdt_dt- otiNc„.- Heidi Ashton-Cicko, 5\‘ \I Managing Assistant County Attorney Attachment: Exhibit A-Proposed Text Amendment&Map Amendment This ordinance filed with the Secretary of State:3 Of*e the ..1... 'day of Acwa_. 1i S and acknowledgement of that fir . received this 2C141 (icy virie%instr ;:ii IA'. irl,...asta, Ass owl"iiii IP [14-CMP-00933/1160638/11 64 3 of 3 PL20140000193/CPSS-2014-1 —Hibiscus Residential Infill Subdistrict Small Scale Adoption Amendment—rev,3/11/15 Words underlined are added,words stfuek-thr-oudi have been deleted. 0 CPSS-2014-1 EXHIBIT A FUTURE LAND USE ELEMENT Policy 1.1: The Urban Future Land Use Designation shall include Future Land Use District and Subdistricts for: A. URBAN — MIXED USE DISTRICT *** *** 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. *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Hibiscus Residential Infill Subdistrict Words underlined are added;words stru9k-thpattglot are deleted. Row of asterisks(*** *** ***)denotes break in text. Page I of 3 EXHIBIT A PETITION CPSS-2014-1 '( HIBISCUS RESIA INITIAL IRFFILL SUBDISTRICT COLLIER COUNTY, FLORIDA Mil 11114101, s 1111 alliftipp 4:4411111111 1n BE i - i intits#0446.1,,44,0 miming 2.44,9p 4 nu jet ► w - � .. �V1W! j� i. 1. alit _602,7,0".41`. «.rim '1 ,411.IA In lift i '-_---.. 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AR7.111111011_,!ilt..„„.::‘ ' ,..,,,,,r4:5":0_,„,,;::,_,0, -..,,_....,,,,,,,,,,,,,.4„,_,--_--1 i 1.1.1 C.3 'art,,.. ,._ .-....., -_- ,, = sZet :-. — . - - r a 0 r: lii ..,., ,:. = i. 11 . - . w . , ---7 .. 1— tu i.... _ __1 hi. '-'; ..'.■... ''''''''' '''-/- . ,-.-.- 0 ‘,.- '. ' "=.09__...--- Ea reeJ a .t. IL. ,f,;g. to MAI" , --------- --- ----- -.)I- , D En ZA- igQ = . I s st i ,, S Lt i ! S et i I S fit i I S 1119 I S I.9 1 S Z9 I I (CAO! Page A of e, —4 FLORIDA DEPARTMENT ©ESTATE 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. ELRJlb 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 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 hereby made a part of this Affidavit of Compliance \ . l ;_ i ,, (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. ,ayPy r,.......:% JOANNE JAMES * _t•; * MY COMMISSIONtFF090820 l'�r tpu s WIRES:March 14,2018 tera+a"`c Bonded Thru Budget Notary Snots (.ignatur of No. Public— /) (Notary Seal) (cloy /rte Printed Name of Notary IDGradyMinor 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, / / fir.1 Sharon Umpenhour Senior Planning Technician g.. + U®ta O € _.: S l S d IC-R.OW RE0£RC1' Lk i tA1�5 aarrowpa ink 3.. y y 1 €G%F7tE [ y 1.. Wm)- ' CHOHINDS SAL.1fATLOR j ! l• ISTK. t ARMY m I gg AARSARw li ► 1 • i - E"S.Et 84) DAVIS sShrL,EVARE} III= f pla" f.•�S rurmi PARK ..•_.� nmttiSC f. �` K °._ HwLINt t E g CIEYOE POKTIAC - - t/E T'IC-- ~°- t Kos t FAI;L,feG i COUNTRY W\ a T2 (4 . 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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. r-c a m.- ,"' ur f � i LOCAT ON v.:, i.,,...4 \.-----.±: 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 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 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