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Agenda 04/26/2016 Item #17C Proposed Agenda Changes Board of County Commissioners Meeting April 26, 2016 Add On Item 4E: Proclamation designating April 30,2016 as Comcast Cares Day in Collier County,in recognition of Comcast's efforts to bring together more than 200 volunteers to beautify the Cindy Mysels Park in East Naples. To be accepted by Justin Damiano representing Comcast; Lois Ferguson representing Big Brothers Big Sisters; Hector Gonzalez representing Gulf Coast Little League; and Susan McManus representing Champions For Learning. (Commissioner Fiala's request) Move Item 17B to Item 9A: 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 PUDA-PL20150002326] (Commissioner Fiala's request) Move Item 17C to Item 9B: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve 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 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) (Companion to PL20150002354 / CPSS- 2015-3). (Commissioner Fiala's request) Move Item 16D6 to Item 11G: Recommendation to accept the preliminary needs assessment for setting spending priorities for the U.S.Housing and Urban Development(HUD) entitlement grant funds. (Commissioner Taylor's request) Continue Item 16J2 Indefinitely until such time as the Clerk certifies that the payables presented in this report have been pre-audited as previously specified by the Board: To provide the Board a "Payables Report" for the period ending April 13,2016 pursuant to the Board's request. (Commissioner Fiala's request) Move Item 16E3 to Item 11H: Recommendation to award contracts under Request For Proposal 15-6521, "Information Technology On-Call Services"to two consultants: Executive Alliance Group, Inc. and HyperTeam USA Business Consulting, Inc. to provide supplemental information technology(IT) services on an as needed basis. (Commissioner Henning's request) Proposed Agenda Changes Board of County Commissioners Meeting April 26, 2016 Page 2 Note: Item 16J1: To record in the minutes of the Board of County Commissioners,the check number (or other payment method),amount, payee,and purpose for which the referenced disbursements were drawn for the periods between March 31 to April 13,20136 pursuant to Florida Statute 136.06. (Clerk's Minutes and Records Department request) Commissioner Fiala will need to excuse herself from the meeting from 11:15 till after the lunch- break. Time Certain Items: Item 11F to be heard at 9:45 a.m. Item 14B1 to be heard at 10:00 a.m. Item 10B to be heard at 11:00 a.m. 4/26/2016 8:51 AM 4/26/2016 17.C. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve 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 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)(Companion to PL20150002354/CPSS-2015-3). OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting an amendment to the Hibiscus RPUD, which was originally approved by Ordinance Number 2015-25 on April 14, 2015. (Please see attachment.) The RPUD is presently approved for 64 multi-family, single-family detached, townhouse and single-family zero lot line residential dwelling units with a density of 8.7 dwelling units per acre. The Growth Management Plan allows 64 dwelling units at 8.10 dwelling units per acre. (Please note: the GMPA density and Zoning density are calculated differently. The GMPA density calculation includes Hibiscus Drive, a public right-of-way; the zoning density calculation does not.) The buildings are presently approved for a zoned height of 30-45 feet and an actual height of 35-50 feet. The building massing is currently approved for a maximum of 12 units and a wall length of up to 200 feet. The petitioner is requesting to increase the multi-family zoned height from 45 to 50 feet and to increase the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units. A cover letter (see attachment) that has been submitted with the companion small scale Growth Management Plan Amendment (GMPA) indicates that the number of stories will increase from three to four. The building wall length remains unchanged at 200 feet. There is no increase in density; the number of previously approved units remains unchanged. The Master Plan has been revised to correct a scrivener's error in the number of proposed units. The previously adopted Master Plan incorrectly showed 84 units, the new Master Plan correctly depicts 64 units. Packet Page -2842- 4/26/2016 17.C. There are no changes to the previously approved landscape buffers, drainage, or site ingress/egress. The petitioner is not seeking any deviations. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Planning staff finds the proposed rezone consistent with the FLUE (Future Land Use Element) subject to the approval of the companion small scale Growth Management Plan Amendment (GMPA) PL20150002354/CPSS- 2015-2. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL20150002326, Hibiscus Residential Planned Unit Development (RPUD) on February 18, 2016. The CCPC voted 7 to 0 to forward this petition to the Board of County Commissioners (BCC)with a recommendation of approval. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Hibiscus Residential Planned Unit Development (Ordinance No. 2015-25). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (Board), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. Packet Page -2843- 4/26/2016 17.C. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. Packet Page -2844- 4/26/2016 17.C. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Packet Page -2845- 4/26/2016 17.C. Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board approves the request for PUDA-PL201500002326, Hibiscus Residential Planned Unit Development (RPUD), subject to the approval of the companion small scale Growth Management Plan Amendment GMPA PL20150002354/CPSS-2015-2. Prepared by: Nancy Gundlach, AICP, RLA, Zoning Services Division, Growth Management Department Attachments: 1) Staff Report 2) Proposed PUD Ordinance 3) Location Map 4) Master Plan 5) NIM Transcript 6) Application—go to: http://apps3.collieraov.net/agenda/ftp/2016BCCMeetin as/AgendaApril2616/GrowthMamt/Appli cation 3-1-16.pdf 7) Legal Advertisement Packet Page-2846- 4/26/2016 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve 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 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) (Companion to PL20150002525/CPSS-2015-3). Meeting Date: 4/26/2016 Prepared By Name: GundlachNancy Title: Planner,Principal,Zoning 3/15/2016 5:04:21 PM Submitted by Title: Planner,Principal,Zoning Name: GundlachNancy 3/15/2016 5:04:23 PM Approved By Name: BellowsRay Title: Manager-Planning,Zoning Date: 3/16/2016 6:41:02 PM Name: BosiMichael Title: Division Director-Planning and Zoning,Zoning Date: 3/21/2016 10:00:36 AM Packet Page -2847- 4/26/2016 17.C. Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/22/2016 3:14:09 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/22/2016 3:14:48 PM Name: AshtonHeidi Title: Managing Assistant County Attorney,CAO Land Use/Transportation Date: 3/23/2016 8:5 8:00 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/24/2016 3:06:00 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 3/24/2016 3:17:31 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 4/14/2016 9:59:30 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2016 4:31:52 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 4/17/2016 11:00:19 AM Packet Page -2848- 4/26/2016 17.C. AGENDA ITEM 9-C Cofer County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 18, 2016 SUBJECT: PETITION PUDA-PL20150002326, HIBISCUS RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT). (COMPANION ITEM TO HIBISCUS RESIDENTIAL INFILL SUBDISTRICT AMENDMENT, GMPA PL20150002354/CPSS-2015-2) APPLICANT/OWNER: Nassif Golf Ventures, LLC 225 Banyan Boulevard, Suite 240 Naples, FL 34102 AGENTS: Mr. D. Wayne Arnold Mr. Richard D. Yovanovich, Esquire Q. Grady Minor& Associates Coleman, Yovanovich and Koester,P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2015-25, the Hibiscus Residential Planned Unit Development, to increase the multi-family zoned height from 45 to 50 feet and the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units and to correct a scrivenor's error on the Master Plan. GEOGRAPHIC LOCATION: The 7.9+ acre subject property is located on the south side of Rattlesnake Hammock Road at the intersection of Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on the following page.) 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W W Q co OF e a r 5 0 Z i ` OUpp Z x o� W» ®�'s Q Q Z Z Cw I N m 0 g d ' 2 a �z - W I I % Q l r o a 1 a B�ZI Q a M �` v 30Vd OL6 I +1 N m ZZ Yi000 .a•0 - n coo ■ �bW D o : 1N31N3SV3 3OVNIVdO 1 i 0 )- O o w a ■ ,OOI J 33 - o _ , 'I w D a Q Z 1 s 9 W -U Q m w I M� W J z g f P J � _D o LL C4 W o wp¢ �uj 1Z 0 4 y E EREQt ill Q ,-m f ❑W W F I- 000ag- m _ z L---------.._ z Q r n - O p - g oar_ a - NW Fw O Q J , — — I ____ _eimegalinsel1/2_ r , ,DORAL CIRCLE °l c?a O H o w Q n p to W z re 0 NW W Packet Page -2851- 4/26/2016 17.C. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting an amendment to the Hibiscus RPUD,which was originally approved by Ordinance Number 2015-25 on April 14, 2015. (Please see attachment.) II The RPUD is presently approved for 64 multi-family, single-family detached,townhouse and single- family zero lot line residential dwelling units with a density of 10.63 dwelling units per acre. The buildings are presently approved for a zoned height of 30-45 feet and an actual height of 35-50 feet. The building massing is currently approved for a maximum of 12 units and a wall length of up to 200 feet. The petitioner is requesting to increase the multi-family zoned height from 45 to 50 feet and to increase the actual height from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units. A cover letter(see attachment) that has been submitted with the companion small scale Growth Management Plan Amendment indicates that the number of stories will increase from three to four. The building wall length remains unchanged at 200 feet. There is no increase in density;the number of previously approved units remains unchanged. The Master Plan has been revised to correct a scrivener's error in the number of proposed units. The previously adopted Master Plan incorrectly showed 84 units, the new Master Plan correctly depicts 64 units. There are no changes to the previously approved landscape buffers, drainage, or site ingress/egress. The petitioner is not seeking any Deviations. SURROUNDING LAND USE AND ZONING: North: Rattlesnake Hammock Road, a 4-lane divided minor arterial road; then Riviera Colony Mobile Home Park with a zoning designation of MH (Mobile Home) and a maximum allowable zoned height of 35 feet; and a strip shopping center with a zoning designation of C-3 (Commercial Intermediate)and a maximum allowable zoned height of 75-feet East: Country Club Manor Condominiums, multi-family residences with a zoning designation of RMF-16, at 16 dwelling units per acre and a maximum allowable zoned height of 75 feet South: single-family residences with a zoning designation of RSF-3 and a maximum allowable height of 35 feet; then a golf course; then a golf maintenance facility; and then a golf clubhouse parking lot with a zoning designation of GC (Golf Course) and a maximum allowable zoned height of 35 feet West: Doral Circle, a entrance roadway that has MSTU landscape improvements; and then Doral single-family residences with a zoning designation of RSF-3 (Residential Single-family), at 3 dwelling units per acre and a maximum allowable zoned height of 35 feet HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2852- 4/26/2016 17.C. � 1'g gym -AFr it' ' s: , � , k� rim , 1 r{ '°CdlAAtfA# v x61r r+`'ra ` { 1 ',�.�777!!! x} �1� � _; "Et , -°; , z ',. ',' ' Subject Site P ({ up illr n: '+k�4MS„B ri.ERAR-V.76 v ,ayaa,li, f 1 ,o , 1 �N`4 ,... -a �. C Z,, T r -2 ,' , �-. ` t '0 b w ,RATTLESNAKE'tl MOCK Oa 9 1 l aOAALC '� }," t• a- i,,f 4°ilky, ' - ' ' ",,_ 4 : 1—"!,i,ii,,, 15 r c, ,r‘v. 04tz -ot it, -*--. ; -,,., ,,,. i 1 * "r f ?- I, f wARWK # R . 'eta + 3' ilk °ONCitiN4 CICt.S6R '# _....._.... $W 'a�x�t0 .'9t S + y ie-0tlig ASq ma�"Nm , AERIAL PHOTO GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element (FLUE): The 7.9± acre subject site is designated Urban, Urban Mixed Use District, Hibiscus Residential Infil1 Subdistrict as shown in the future Land Use Element of the Growth Management Plan (GMP). This Subdistrict allows 64 dwelling units and buildings at a maximum height of three stories. The existing PUD is approved for 64 dwelling units and this amendment does not propose to increase density or add. uses. However, this amendment does propose to increase the maximum building height. A companion small scale GMP amendment proposes to increase the allowable building height from 3 stories to 4 stories. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of their review of the petition in its entirety. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2853- 4/26/2016 17.C. } FLUE Objective 7 and relevant policies were evaluated for the original PUD rezone petition just approved earlier this year. Given the nature of this petition, staff has determined an analysis of these policies is not necessary. Transportation Element: Transportation Planning staff reviewed the application and found this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). There is no increase in the number of residential dwelling units/traffic generation, no changes to the master plan including point(s) of access or circulation, and no changes to the developer commitments;therefore there is no impact on the previous finding of approval. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Based on the above analysis, staff finds the subject petition inconsistent with the FLUE; however, the petition may be deemed consistent IF the companion GMP amendment is adopted and becomes effective. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC,who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. Aerials available on the Internet from the Property Appraiser show that some form of golf course maintenance, storage or operation activities occurred in a portion of the proposed development area and an adequate assessment of the soils in this area that may include additional soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals is warranted. Soil and/or ground water sampling in accordance with the requirements of LDC Section 3.08.00 will occur at time of Site Development Plan(SDP)or Plat/construction plans (PPL)review. The requirement for sampling is included in the existing List of Developer Commitments in the PUD document. The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Planning staff finds this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2854- 4/26/2016 17.C. Zoning and Land Development Review: As previously stated,the petitioner is requesting to increase the multi-family zoned height 5 feet, from 45 to 50 feet and to increase the actual height 5 feet, from 50 to 55 feet; and to increase the number of residential units allowed per building from 12 units to 16 units. The proposed 5-foot height increase for the zoned and actual building heights are compatible with other zoning districts in the area which have zoned heights of at least 50 feet. The RMF-16 zoning district located directly east of the subject site has a zoned height of 75 feet. The C-3 zoning district across Rattlesnake Hammock to the north of the subject site has a zoned height of 50 feet. Therefore, staff finds the proposed 5-foot height increase compatible with the neighborhood. The increase in the building massing from 12 to 16 units is compatible with the 3-story building to the east. The previous Developer Commitment to have a wall length no greater than 200 feet remains unchanged. This is similar to the 220-foot length of the residential buildings to the east. Therefore, staff finds the proposed 16 unit building compatible with existing buildings within the neighborhood. The petitioner is not requesting any new Deviations. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Section has indicated that the proposed PUD rezone is not consistent with the existing Hibiscus Residential Infill Subdistrict of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). However, if the companion GMP amendment, GMPA PL20150002354/CPSS-2015-2 the Hibiscus Residential Infill Subdistrict is approved, then the petition could be found consistent with the GMP. 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2855- 4/26/2016 17.C. 4, existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of fi the site with residences, and the development of the surrounding area, support the proposed PUD amendment. This site is located within an area of development with a mixture of residential and other uses. The proposed PUD amendment is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. This amendment will not add more dwelling units. It only increases the height of the zoned and actual building height by 5 feet. The amendment also increases the massing of the building slightly. Staff believes that the proposed changes will not adversely impact living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The proposed amendment will not impact traffic. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2856- 4/26/2016 17.C. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is already developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the county that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2857- 4/26/2016 17.C. '. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level '. of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, _ water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. In addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed,particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2858- 4/26/2016 17.C. 3.,; Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP if the companion Growth Management Plan amendment, Petition GMPA PL20150002354/CPSS-2015-2 the Hibiscus t. Residential Infill Subdistrict is approved. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The previously approved landscape buffering is sufficient and there are no proposed changes to the buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of . available improvements and facilities,both public and private. The proposed development must seek concurrency at the time of next Development Order (Site Development Plan and/or Plat) submittal. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the proposed amendment to increase the zoned and actual building height by 5 feet along with the proposed change from 12 to 16 units per building are acceptable. In addition,the petitioner is not requesting any Deviations. NEIGHBORHOOD INFORMATION MEETING(NIM): The agent/applicant duly noticed and held the required NIM on December 9, 2015. For further information,please see Attachment: "Transcript of the Neighborhood Information Meeting." HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2859- 4/26/2016 17.C. fi. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-PL20150002326, revised on January 26, 2016. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20150002326 to the Board of County Commissioners with a recommendation of approval subject to the approval of the companion small scale GMPA PL20150002354/CPSS-2015-2. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 2015-25 Attachment C: Cover Letter for GMPA Attachment D: Transcript of the Neighborhood Information Meeting HIBISCUS RPUD,PUDA-PL20150002326, February 8,2016 Packet Page -2860- 4/26/2016 17.C. PREPARED BY: 1 Iig201& , AICP,A DATE NANCY G I �_ A H,AI , PRINCIPAL P k' ER ZONING DI Y ISION REVIEWED BY: - ; 1, 1 . 0 . IC RAY +OND V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: _ .02 — 3--r ES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROTH MANAG MENT DEPARTMENT o + ... fjf i! � DAVID S. WILKISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT HIBISCUS RPUD,PUDA-PL20150002326, January 19,2016 Packet Page -2861- 4/26/2016 17.C. ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2015-25, THE HIBISCUS RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO INCREASE THE MULTI-FAMILY ZONED HEIGHT FROM 45 TO 50 FEET AND THE ACTUAL HEIGHT FROM 50 TO 55 FEET; TO INCREASE THE NUMBER OF RESIDENTIAL UNITS ALLOWED PER BUILDING FROM 12 UNITS TO 16 UNITS AND TO CORRECT A 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) WHEREAS, on April 14, 2015,the Board of County Commissioners approved Ordinance Number 2015-25 which established the Hibiscus Residential Planned Unit Development (RPUD) zoning classification; and WHEREAS, D. Wayne Arnold,AICP of Q. Grady Minor&Associates, P.A. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Nassif Golf Ventures, LLC, petitioned the Board of County Commissioners to amend the Hibiscus RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to Exhibit B, Development Standards of Ordinance Number 2015-25,the Hibiscus RPUD. Exhibit B, Development Standards of Ordinance Number 2015-25, the Hibiscus RPUD, is hereby amended as follows: See Exhibit B attached hereto and incorporated herein. SECTION TWO: Amendment to Exhibit C, Master Plan of Ordinance No. 2015-25, the Hibiscus RPUD Exhibit C, Master Plan of Ordinance No. 2015-25, the Hibiscus RPUD, is hereby amended to correct a Scrivener's error, by deleting, the existing Master Plan and replacing it with the Master Plan, attached hereto as Exhibit C and incorporated herein. [15-CPS-014811 95 Hibiscus RPUD\PUDA-PL20150002326 3/31/16 1 of 2 Packet Page -2862- 4/26/2016 17.C. SECTION THREE: Amendment to Section 1.a. of Exhibit F, List of Developer Commitments, of Ordinance Number 2015-25, the Hibiscus RPUD. Section 1.a. of Exhibit F, List of Developer Commitments of Ordinance Number 2015- 25, the Hibiscus RPUD, is hereby amended as follows: 1. PLANNING a. Building massing: No building shall contain more than 1216 units, or have a wall length greater than 200 feet. SECTION FOUR: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairwoman Approved as to form and legality: Heidi Ashton-Cicko 11\ • Managing Assistant County attorney Attachments: Exhibit B—Development Standards Exhibit C—Master Plan 115-CPS-( 14811 95 Ilibiscus RNA)WM-1'120150002326 3/31/16 2 of') Packet Page -2863- 4/26/2016 17.C. Hibiscus RPUD Amend Ordinance Number 2015-25 EXHIBIT B, DEVELOPMENT STANDARDS, ATTACHED TO ORDINANCE NUMBER 2015-25, THE HIBISCUS RPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT B FOR HIBISCUS RPUD DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI-FAMILY DETACHED ZERO LOT LINE Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A Minimum Lot Width 40 feet 18 feet 30 feet N/A Minimum Lot Depth 75 feet 80 feet 75 feet N/A Minimum Front Yard Setback*1, *3 20 feet 20 feet 20 feet 20 feet Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet Doral Circle 20 feet 50 feet 20 feet 50 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet*2 10 feet 10 feet external Minimum Rear Yard Setback 10 feet 15 feet 10 feet 15 feet Minimum Drainage Easement 0 feet 0 feet 0 feet 0 feet Setback Maximum Building Height Zoned 30 feet 45 feet 30 feet 45-50 feet (not to Actual 35 feet 50 feet 35 feet exceed 4 stories) 50 55 feet(not to exceed 4 stories) Minimum Distance Between Buildings 10 feet 20 feet 10 feet 20 feet Floor Area Min. (S.F.), per unit 1,500 SF 750 SF 1,500 SF 750 SF Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A ACCESSORY STRUCTURES Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet 10 feet 10 feet external Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet Minimum Distance Between Buildings 10 feet 0/10 feet 0/10 feet 0/10 feet Maximum Height Zoned 20 feet 20 feet 20 feet 20 feet Actual 25 feet 25 feet 25 feet 25 feet Words underlined are additions;words struck through are deletions Hibiscus RI'UD�9 Last Revised 02'18,2016 Page 1 of 3 Packet Page -2864- 4/26/2016 17.C. Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.All parking areas must remain dear of sidewalks. *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement. Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 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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. Packet Page -2870- 4/26/2016 17.C. 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 Packet Page-2871- 4/26/2016 17.C. 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 Packet Page -2872- 4/26/2016 17.C. 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 were 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. Packet Page -2873- 4/26/2016 17.C. 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 Packet Page -2874- 4/26/2016 17.C. 7 1 on the east side of the thing, so our building that 2 were 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? Packet Page -2875- 4/26/2016 17.C. 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: Its on the other 25 side of the (indiscernible) . Packet Page -2876- 4/26/2016 17.C. 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. Packet Page -2877- 4/26/2016 17.C. 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. Packet Page -2878- 4/26/2016 17.C. 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, were 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 Packet Page -2879- 4/26/2016 17.C. 12 1 have to amend both the comp plan and the zoning 2 document. 3 But the reality is its 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. Packet Page -2880- 4/26/2016 17.C. 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 y 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 Packet Page -2881- 4/26/2016 17.C. 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 Packet Page -2882- 4/26/2016 17.0. 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 Packet Page -2883- 4/26/2016 17.C. 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, Packet Page -2884- 4/26/2016 17.0. 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? Packet Page -2885- 4/26/2016 17.C. 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. Packet Page -2886- 4/26/2016 17.C. 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 Packet Page -2887- 4/26/2016 17.C. 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 Packet Page -2888- 4/26/2016 17.C. 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 Packet Page -2889- 4/26/2016 17.C. 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 Packet Page-2890- 4/26/2016 17.C. 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 Packet Page -2891- 4/26/2016 17.C. 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 were 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 Packet Page -2892- 4/26/2016 17.C. 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 Packet Page -2893- 4/26/2016 17.C. 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 Packet Page -2894- 4/26/2016 17.C. 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 Packet Page -2895- 4/26/2016 17.C. 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. Packet Page -2896- 4/26/2016 17.C. 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. Packet Page -2897- 4/26/2016 17.C. 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) ? Packet Page -2898- 4/26/2016 17.0. 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. ) Packet Page -2899- 4/26/2016 17.C. 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 Packet Page -2900- 4/26/2016 17.C. .11c..Notices 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 COWER COUNTY,FLORIDA AMENDING ORDINANCE NO.89-06,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-2015-21 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] 1 m 1 ,AOr�x_ Y C '.WM1 YLRY}P.'rG vERDE �z7A ' PGSA.'M'iCrOS �I 3 r7AC i^I,J9 p ST.PETER'S ESTATES PR O I E CT ceuvo, LOCATION ""'A`_" Sl tA-1_.. _ l l \ C`nq+.+ LELY \ COUNTRY CLUB r'1'1\19 20 20 (ORI) 5., h-„, MAcvi BAY yy' i LELY,A RESORT COMMUNITY Pl � ��.---° (DM) 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 r101, Collier County Government Center,East Naples,one week prior to the scheduled hearing,Any questions pertaining to the documents should be directed to the(3MD Zoning Division,Comprehensive Planning Section. Written comments Ned with the Clerk to the Board's Office prior to Tuesday, April 26,2016 will be read 000 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.1019222 _�_ APTIta'_L.2.01 6 Packet Page -2901- HIBISCUS RPUD PUDA- PL20150002326 February 18, 2016 CCPC Backup Material GradyMinor Cover Letter GradyMinor GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 9, 2015 Ms. Nancy Gundlach Principal Planner Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD Dear Ms. Gundlach: Attached, please find copies of a Collier County application for Public Hearing for a PUD Insubstantial Change for properties located on the south side of Rattlesnake Hammock Road at Hibiscus Drive. This PUD Insubstantial change proposes to amend Ordinance 2015 -25 by revising Exhibit B, Development standards, to increase the building height for multi - family from zoned 45 feet and actual 50 feet to zoned 50 feet and actual 55 feet and to revise Exhibit F, List of Development Commitments, Iteml.a to increase the number of units allowed per building from 12 to 16. A companion Small Scale Growth Management Plan amendment is being submitted simultaneously with the Insubstantial Change to a PUD application to amend the number of stories allowed from three to four. Enclosed please find the following items for the Insubstantial Change to a PUD application: 1. Check in the amount of $2,525.00 for review fee 2. CD of Submittal 3. Completed Application —16 Copies 4. Project Narrative and Detail of Request —16 Copies 5. Revised Text —16 Copies 6. Warranty Deed —16 Copies 7. Plat —16 Copies 8. List Identifying Owner & All Parties of Corporation — 2 Copies 9. Affidavit of Authorization — 2 Copies 10. Addressing Checklist —1 Copy 11. Location Map —1 Copy Q. Grady Minor & Associates, P.A. Ph. 239 -947 -1144 Fax. 239 - 947 -0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 341.34 www.gradyminor.com Ms. Nancy Gundlach RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD October 9, 2015 Page 2 of 2 12. Ordinance 2015 -25 Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Via Email David Nassif Al Moscato Richard D. Yovanovich, Esq. GradyMinor File Application GradyMinor COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliersov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. 1 of the Administrative Code ❑✓ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A. -F. APPLICANT CONTACT INFORMATION Name of Applicant(s): Nassif Golf Ventures, LLC Address: 225 Banyan Boulevard, Suite 240 City: Naples State: FL Telephone: 239.234.5941 Cell: E -Mail Address: david @nmdev.com Fax: ZIP: 34102 Name of Agent: D. Wayne Arnold / Richard D. Yovanovich Firm: Q- Grady Minor and Assoc., P.A. / Coleman, Yovanovich and Koester, P.A. Address: 3800 Via Del Rey Telephone: 239.947.1144 Cell: City: Bonita Springs State: FL ZIP: 34134 Fax: E -Mail Address. warnold @gradyminor.com / ryovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 4/15/2015 Page 1 of 16 ,(Zlo &T C014ftty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C. ral Name and Address I % of Ownership 10, WA If the property is owned by a CORPORATION, list the officers and stockholders and the nPrrPntnaP of ctnrk nwnPrl by Pach_ Name and Address % of Ownership David W. Nassif 100% 225 Banyan Boulevard, Suite 240 Naples, Florida 34102 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the nPrrPntaaP of intPrPCt- Name and Address % of Ownership N.A. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of general and /or limited partners: Name and Address % of Ownership z" the 4/15/2015 Page 2 of 16 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net e f 9. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 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 U111UflS, awL=KnUIuers, UC11eIILIdrIeS, Ur pdrLrlerS: Name and Address % of Ownership N.A. Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or lilicer5, n d u)rPUrduun, PdRrICrSrllp, Ur LruSL: Name and Address N.A. Date subject property acquired June 2004 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 4/15/2015 Page 3 of 16 Cog*.r County ksQ ^.�R�tfY COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 REZONE REQUEST This application is requesting a rezone from: RPUD Zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Residential Proposed Use (or range of uses) of the property: Residential Original PUD Name: Hibiscus RPUD Ordinance No.: 2015 -25 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre - application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range: 19/ 50/ 26 Lot: 1 & 2 Block: Subdivision: Hibiscus Golf Course Metes &Bounds Description: LOT 1, LOT 2, AND TRACT "R", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 Plat Book: 49 Page #: 38`4' Property I.D. Number: 49706500027, 49706500043 and 49706500140 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 7.9 +/- Address/ General Location of Subject Property: South side of Rattlesnake Hammock Road at Hibiscus Drive PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial W Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial 4/15/2015 Page 4 of 16 Cotter County 43 �C•- "^aqV COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 ADJACENT ZONING AND LAND USE If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section /Township /Range: 19,20/50 / 26 Lot: Block: Subdivision: Lely Golf Estates Tract Map and Hibiscus Golf Course Plat Book: Page #: Metes & Bounds Description: Property I.D. Number: 55150040004 and 49706500247 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http: / /www.colliergov .net /Index.aspx ?page =774. Name of Homeowner Association: Treasure Point Homeowners Mailing Address: 3400 Tamiami Trail N, Suite 302 City: Naples Name of Homeowner Association: Riviera Community Association, Inc Mailing Address: 5495 Bryson Drive, Suite 412 City: Naples State: FL ZIP: 34103 State: FL Zip: 34109 Name of Homeowner Association: Country Club Manor Condominium Association of Naples, Inc. Mailing Address: 5495 Bryson Drive, Suite 412 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: Naples State: FL Zip: 34109 City: State: ZIP: City: State: ZIP: 4/15/2015 Page 5 of 16 Zoning Land Use N ROW, MH, C -3 Rattlesnake Hammock Rd, Riviera MH Park, retail center S GC Hibiscus Golf Course E RMF -16 Residential W ROW, RSF -3 Doral Circle, residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section /Township /Range: 19,20/50 / 26 Lot: Block: Subdivision: Lely Golf Estates Tract Map and Hibiscus Golf Course Plat Book: Page #: Metes & Bounds Description: Property I.D. Number: 55150040004 and 49706500247 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http: / /www.colliergov .net /Index.aspx ?page =774. Name of Homeowner Association: Treasure Point Homeowners Mailing Address: 3400 Tamiami Trail N, Suite 302 City: Naples Name of Homeowner Association: Riviera Community Association, Inc Mailing Address: 5495 Bryson Drive, Suite 412 City: Naples State: FL ZIP: 34103 State: FL Zip: 34109 Name of Homeowner Association: Country Club Manor Condominium Association of Naples, Inc. Mailing Address: 5495 Bryson Drive, Suite 412 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: Naples State: FL Zip: 34109 City: State: ZIP: City: State: ZIP: 4/15/2015 Page 5 of 16 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co er County EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 Co *er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes PL20140000193 /CPSS- 2014 -1, GMPA AND PUDZ- PL20140000179, PUD Rezone Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. OT the AaminlstraLlve Lode Tor the MIA procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency ". Further review of the request will be subject to the then current code. 4/15/2015 Page 7 of 16 CU 8Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Pre - Application Meeting and Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre - Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ❑ ❑ Completed Application with required attachments ❑ ❑ ❑ Pre - application meeting notes ❑ ❑ ❑ Affidavit of Authorization, signed and notarized 2 ❑ ❑ Notarized and completed Covenant of Unified Control 2 ❑ ❑ Completed Addressing Checklist 2 ❑ ❑ Warranty Deed(s) 3 ❑ ❑ List Identifying Owner and all parties of corporation 2 ❑ ❑ Signed and sealed Boundary Survey 4 ❑ ❑ Architectural Rendering of proposed structures 4 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 ❑ ❑ Statement of Utility Provisions 4 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 4 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 ❑ ❑ Traffic Impact Study 7 ❑ ❑ Historical Survey 4 ❑ ❑ School Impact Analysis Application, if applicable 2 ❑ ❑ Electronic copy of all required documents 2 ❑ ❑ Completed Exhibits A -F (see below for additional information)+ ❑ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 %Z" x 11" copy ❑ ❑ ❑ Original PUD document /ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ Checklist continued onto next page... 4/15/2015 Page 11 of 16 CAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Revised PUD document with changes crossed thru & underlined I ❑ Conservancy of SWFL: Nichole Ryan 1 ❑ 1 ❑ Copy of Official Interpretation and /or Zoning Verification 1 1 1 ❑ ❑ I ❑ City of Naples: Robin Singer, Planning Director *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each ❑ Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Ryan ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation: Vicky Ahmad ❑ Emergency Management: Dan Summers ❑ Immokalee Water /Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS ❑ Pre - Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ❑ Comprehensive Planning Consistency Review: $2,250.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre - application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: • Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑ Legal Advertising Fees: • CCPC: $925.00 • BCC: $500.00 ❑ School Concurrency Fee, if applicable: 4/15/2015 Page 12 of 16 Hibiscus RPUD Exhibit 2 Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. Narrative Statement Describing Request The Hibiscus RPUD was approved in 2015 as Ordinance 2015 -25. The property owner /developer is proposing minor changes to the PUD document, which would change Exhibit B to increase the multi - family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. PUD Rezone Considerations (LDC Section 10.02.13.13) a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Hibiscus RPUD lies within the Urban Designation, Mixed Use District, Urban Residential Subdistrict. The residential infill project would continue a pattern of residential development consistent with the character and intensity of other residential development along the Rattlesnake Hammock Road corridor. Access to the project will be provided from both Hibiscus Drive and Doral Circle. Infrastructure is in place to support the 64 residential dwellings. The proposed minor 5 foot height increase for both the zoned and actual building heights are compatible with other conventional zoning districts, which have zoned heights of 50 feet. The C -3 and RMF -16 Zoning Districts, which are proximate to the site, permit zoned heights of 50 feet and 75 feet respectively. The conventional districts have no actual height limitation and therefore permit heights that can exceed the heights proposed in this application. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing Page 1 of 3 Hibiscus RPUD Exhibit 2 Evaluation Criteria operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant controls the land within the Hibiscus RPUD. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) The Hibiscus RPUD is located in the Urban Designation, Mixed Use District, Urban Residential Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. Nothing is proposed which makes the project inconsistent with the Policies of the GMP. The Hibiscus FLU Subdistrict was previously approved authorizing the intensity of development. Further a small -scale plan amendment has been filed to amend the number of stories allowed from three to four, consistent with the proposed PUD modifications. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The residential use is compatible with surrounding land uses, many of which have been developed or are zoned to permit similar development intensity to that proposed. the height is in keeping with the adjacent C -3 and RMF -16 Zoning Districts. e. The adequacy of usable open space areas in existence and as proposed to serve the development. A minimum of 60% usable open space will be provided within the RPUD as required by the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. At this time there are no known deficiencies Page 2 of 3 Hibiscus RPUD Exhibit 2 Evaluation Criteria for any public facility. It is intended that the project will be developed in one single phase of construction. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Hibiscus RPUD is undeveloped and is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD is consistent with LDC provisions for PUDs and no new deviations are proposed in this application. The proposed height increase will permit greater site planning flexibility and permit a more modern building design for the multi - family units. Page 3 of 3 Covenant Unified Control GradyMinor J%.",.. r.: �.°U1�:{ $ Y 1?x i j7? R r !K ^s�`f.j;: C^': i #� `' ar.i ,:i ;:' i r ''.'s%C• ',� a s 4'fs yz.a�, {- c.=x_" ">._ :, —'::'L �x _:. },.� t:C. I .: :.: ^'e i..,/:.'•;r� °i_ ri.F,.n .. r'- �x�`d. v'•)"11�1It. 5"tcC•.�,e :31 9'z 2z3 crti.€ s' COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers 49706500027, 49706500043 and 49706500140 (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Residential planned unit development (RPUD) zoning. We hereby designate Q. Grady Minor and Assoc., P.A. and Coleman, Yovanovich & Koester, P.A. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County, 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of a planned unit development and the County may stop ongoing construction activity until the project is brou htainto cWliacew* all term s, conditions and safeguards of the planned unit development. Ove Owner David Nassif as Manainr; Member Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of it/ 2015 by who is personal o e s u - -,- as identification. DAWN JERULL£ r, Notary Public • State of Florida . • z My Comm. Expires Sep 29, 2016 rl4_Ey Public 'J ?, Commission # FF 154105 Notary Public BondedthrouphNitlonaINclary Assn. (Name typed, printed or stamped) 4(15 {2015 Page 10 of 16 EXHIBIT A LOT 1, LOT 2, AND TRACT "R ", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; Project Narrative GradyMinor Hibiscus RPUD Insubstantial Change to a PUD Project Narrative and Detail of Request Project Narrative The Hibiscus RPUD was approved in 2015 as Ordinance 2015 -25. The property owner /developer is proposing minor changes to the PUD document which would change Exhibit B to increase the multi - family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.l.a to increase the number of units allowed per building from 12 units to 16 units. Detail of Request Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or N/A b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; N/A c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No net change in preserve, recreation or open space results from this amendment. October 6, 2015 d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No increase in non - residential uses or areas for non - residential uses are proposed. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the request. f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No new uses are proposed. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Adequate area exists on -site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The proposed modification in building height will not result in an incompatible land use relationship due to building setbacks and buffering standards. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD and proposed changes are consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI /PUD October 6, 2015 master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this Code; or The project is not a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 The proposed modifications do not meet the standards for a substantial modification and create no external impacts. October 6, 2015 Proposed PUD Revisions GradyNfinor Hibiscus RPUD Amend Ordinance Number 2015 -25 EXHIBIT B, DEVELOPMENT STANDARDS, ATTACHED TO ORDINANCE NUMBER 2015 -25, THE HIBISCUS RPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT B FOR HIBISCUS RPUD DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI - FAMILY DETACHED ZERO LOT LINE Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A Minimum Lot Width 40 feet 18 feet 30 feet N/A Minimum Lot Depth 75 feet 80 feet 75 feet N/A Minimum Front Yard Setback *1, *3 20 feet 20 feet 20 feet 20 feet Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet Doral Circle 20 feet 50 feet 20 feet 50 feet 0 feet internal Minimum Side Yard Setback 5 feet 0 feet *2 10 feet 10 feet external Minimum Rear Yard Setback 10 feet 15 feet 10 feet 15 feet Minimum Drainage Easement 0 feet 0 feet 0 feet 0 feet Setback Maximum Building Height Zoned 30 feet 45 feet 30 feet 450 feet Actual 35 feet 50 feet 35 feet 549-55 feet Minimum Distance Between 10 feet 20 feet 10 feet 20 feet Buildings Floor Area Min. (S.F.), per unit 1,500 SF 750 SF 1,500 SF 750 SF Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A ACCESSORY STRUCTURES Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet 10 feet 10 feet external Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet Minimum Distance Between Buildings 10 feet 0/10 feet 0/10 feet 0 /10 feet Maximum Height Zoned 20 feet 20 feet 20 feet 20 feet Actual 25 feet 25 feet 25 feet 25 feet Words underlined are additions; words struel- Nhreugh are deletions Hibiscus RPUD, PDI Last Revised 1010512015 Page I of 3 Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1 —Front entry garages must be a minimum of 23' from back of sidewalk. Porches, entry features and roofed courtyards may be reduced to 15'. All parking areas must remain clear of sidewalks. *2 — Minimum separation between adjacent dwelling units, if detached, shall be 10'. *3 —Front yards shall be measured from back of curb for private streets or drives, and from ROW line for any public roadway. 4 —The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement. Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words underlined are additions; words ^ ~•••*s * are deletions Hibiscus RPUD, PDI Last Revised 1010512015 Page 2 of 3 EXHIBIT F, LIST OF DEVELOPER COMMITMENTS, ATTACHED TO ORDINANCE NUMBER 2015 -25, THE HIBISCUS RPUD, IS HEREBY AMENDED AS FOLLOWS: EXHIBIT F FOR HIBISCUS RPUD LIST OF DEVELOPER COMMITMENTS PLANNING Building massing: No building shall contain more than 4-2--16 units, or have a wall length greater than 200 feet. Words underlined are additions; words k Mowugh are deletions Hibiscus RPUD, PD] Last Revised 1010512015 Page 3 of 3 Warranty Deed GradyMinor • . 1 L -U-�5 This instrument prepared by: Mar ie C. Nealon, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, FL 33131 3419347 OR: 3585 PG: 1982 RICORDID in OFFICIAL RBCORDS of COLLIIR COUNTY, FL 06/11/2004 at 02:35FN DWIGHT 1. BROCI, CL1RI CONS 3800000,00 RIC 111 44.00 DOC -.70 26600.00 Reta: BILZIN SDNBIRG IT AL 200 S BISCAYNI BLVD 12500 NIANI FL 33131 5340 SPECIAL WARRANTY DEED THIS INDENTURE, made as of the 0'$- day of June, 2004 between WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT, DATED AS OF NOVEMBER 11, 1998, BY AND AMONG CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. ( "DEPOSITOR ") AND NORWEST BANK MB4NESOTA, NATIONAL ASSOCIATION, AMONG OTHERS (FOR DEPOSITOR'S COMMERCIAL MORTGAGE PASS - HROUGH CERTIFICATES, SERIES 1998 -FL2) ( "Grantor "), whose address is c %, ai i .A601 Washington Avenue, Suite 700, Miami Beach, Florida 33139, i j%-� NNAS IF'� —VENTURES, L.L.C., a Florida limited liability company, ("Grat(ee�', whose address is 9 0 leria Court, Suite 316, Naples, Florida 34109 and whose taxp ;yer /idc_nh-Ec- ,ition .number is ' Grantor, for kfid ($ 10.00), lawful money of i' before the unsealing and delivo. has granted, bargained, sold, Ai presents does grant, bargain, sell successors and assigns forever, Collier, State of Florida, and "Property"). -fflYslddEdtid "the ed States of c these presents ,th i f,remised, released, the) more Subject however, to the following: aII n and No /100 U.S. Dollars i, to } i hand paid by Grantee, at or :ripXj hich is hereby acknowledged, �q(r ed and confirmed and by these t` yand confirm unto Grantee and its itd, lying and being in the County of bed on the attached Exhibit A (the (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. \72496118817\ # 679476 v 1 6/1104 1:43 PM OR; 3585 PG; 1983 TOGETHER -with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of any persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the in the presence of: WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK ,.- TA, NATIONAL ASSOCIATION, OWN AS NORWEST BANK 0 MINNE t'?; .., ATIONAL ASSOCIATION, AS TRUST E ER THAT CERTAIN OOL]l ANR SfiRVICING AGREEMENT, p D A - OF NOVEMBER 11,1998, BY AND I SUISSE FIRST BOSTON �SECURITIES CORP. SIT ') - , „kD NORWEST BANK TA� A'"”. 'IONAL ASSOCIATION, AMONt 'O Ei (FOR DEPOSITOR'S COMMER J% MORTGAGE PASS - Q THROU 3tTIFICATES, SERIES 1998 - By: Lennar Partners, Inc., a Florida corporation, its attorney -in -fact Signa Print N e: `a✓ 1724961188171 b 679476 v 1 6/2/04 1:43 PM -2- A OR: 3585 PG: 1984 STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI -DADE ) The foregoing instrument was acknowledged before me this _y_ 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 B-rs personally known to me or ❑ has produced a driver's license as identification. cot T\ �0 j Notary Public My Commission Expires: ®r- Tax Folio Numbers: 55150040004; 55150120005; \72496\188M#679476 v 1 6/2/04 1:43 PM -3- C ' SRIIs 5r J CAROL I ABELLHRA Lary Public - State of Florldo t�lyCWW*r bnEVilwSOP Ill 2006 Commisslon t DD150949 Bonded ay Notbnol Notary Assn. S&VA48904, and 5515028000 55K64So o4 ' 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 Less: An area of land previously North of the FOREST HILLS St Page 84 of the public records of and more particularly, descri ed From a Point of Beginning 4t th SECTION as described abo -Ve North 43 degrees 3359" W�N . 51.57 feet; thence run North 2' , 33'59" West for 237.39 feet; the` North 77 degrees 2356" East for Je d the following described parcels: ed as The ility of Lely Estates lying to the of the Lely Gol sta�s as recorded in Plat Book 10, �o nt3��loji0a, hei,�in4er designated as Tract "AC" 128.61 feet; then ees 08'16" West North 32 degrees U mot; thence run-, feet; thence run South 62 degrees 5~7; 11'28" West for 3 00. 00 feet to the Point and (Bl 1 ck F4, of said FOREST HILLS g' a for 29.07 feet; thence run N � 62 degrees 5942" West for �A0 t thence run North 43 degrees i(1"llNest for 205.38 feet; thence run b�50 degrees 44'51" East for 351.14 feet; thence run South 45 degrees 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 comer of Tract "K" as described above, run North 39 degrees 06'20" West along the Northeasterly right of way line of U.S. 41 and the Southwesterly line of Tract A for 266.50 feet; thence run North 50 degrees 53'40" East for 35.00 feet; thence South 78 degrees 00'02" East for 342.41 feet; thence run South 50 degrees 53'40" West for 250.00 feet to the Point of Beginning; and h 1 6 * ** 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 comer 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 comer 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 94egrees 47'38" West for 73.75 feet; thence North 30 degrees 04'33" East for 58. eSb degrees 32'56" East for 103.28 feet to the Point of Beginning; ` t' and Less: That certain three foot str. ' IT o le to the rear (South) property line of Lot 37, Block 12, P' eh t R sta s . ac�o c 1746 at a of in Plat Book 12, Page 1, of the Public Records of Col 'er. s>�,Londa. 2 Plat GradyMinor C Wa ! �V'w.t; s <m:•:. , ors ' CQ s -8M °a Q °�1 t le- o`° a9'e F. v: Pa Wgo ! o ! as8 ° <" =L�3 SIM v W � WB `s W > v e lt o mm� °61s: o = EgM�n F�� = o° W U Vi5�- cW �` O e �.I w m c og �.# a o °aM`:.,i t x �LJ -& 5 §9N. j spa,° j 5 ttSP- -\ �!WO - C) Z jN�?,y8 , z : °bs° ° ¢ z €1� o'"« I� ohs yy o �5' ` 'sue `R a =W �' ¢� �oas�i� 5� W «aE � 9`s VSm= r V =F i,l Vg•-=° °u � 3 N \ Su'OU I � N . 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"R L °— =a- _ 3 °� a ae s8 E < a g lit ° cefW j g �W Ile an qvg H. o �$cE - ni R His o 8 sin ` £ 'i a 8 -°�a�' °LSx=N g S' _ 7.°.S K$i y$ „ X58 �� - =n..z 32. L,j to s clj c-I Lu n Lo o uO 9 C. 0 5 Z Z' o Lo Lu cn U '-.1 c-, m.msz� wl u,j T -- — — — — — — — — — — i. % LO, aa- m Ig v) co uj bi Z) � I c4l `rte U� < N Z V) iq r i l"Pit 2 _ "a CIO v lNm A INWE ZOE 00 bf 00 0 0 C) 0 4110 !S ae 6OO." LLJ -98 M Jig 'n gtq Ug'! List Identifying Owners Grad, Minor Pill Hibiscus RPUD Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation and /or Trust if the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock awned by each: Nassif Golf Ventures, LLC 225 Banyan Boulevard, Suite 240 Naples, Florida 34102 Officers /Stockholders DAgib cz. NAZIF Percentage of Ownership /Stock .100 fl� io Page 1 of 1 Affidavit of Authorization GradyMinor AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2015000x= Hibiscus RPUD 1 DavidNassif (print name), as Managing Member (title, if applicable) of Nassif Gaff Ventures, LLC (company, if applicable), swear or affirm under oath, that I am the (choose one) ownerF7-1applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q. Grady Minor and Assoc., P.A. and Coleman, Yovanovich and Koester, P.A. to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v- pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words 'as trustee ". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under pb� alties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts sited it are i e ]+ loi4z Si na Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing i strujment was worn to (or affirmed) and subscribed before me on ice': f € t'l ` (date) by (name of person providing oath or affirmation), as ---- °a._--- who is personally knoviii to me or who bias produced -- (type of identification) as identification. } STAMP /SEAL Signature of Nc a* Nffilic DAWN JERULLE ! Notary Public • State of Florida •z My Comm. Expires Sep 29.2018 Commission # FF 184105 s1''1i' n `° ficildOdt llr011�tNliflcrt:NolxryABSfi. cnog -COA- 001151155 REV 3/24/14 Addressing Checklist GradyMinor COT eT C07414ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 ADDRESSING CHECKLIST Please complete the following and email to GMD— Addressing @colliergov.net or fax to the Operations Division at 239 - 252 -5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival /Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) 0 OTHER PUD and Small -Scale Plan Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) Hibiscus Golf Course Lots 1, 2 and Tract R - S20, T50S, R26E FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 49706500043,49706500140 and 49706500027 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 5201 and 5205 Ratflesnake Harnrmaek Road amd 5375 Hmbi us 9fove • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right - of -way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Hibiscus PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects /sites only) SDP-- or AR or PL # CoNr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: g Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 947 -1144 Email /Fax: sumpenhour @gradyminor.com Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 49706500027 Folio Number 49706500043 Folio Number 49706500140 Folio Number Folio Number Folio Number Approved by: Date: 9 -15 -2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page I of 1 Collier County Property Appraiser Property Summary Parcel No. ;49706500140 Site Adr. 5205 RATTLESNAKE HAMM RD i ......... ..._ ...._ ...._ .... .....__.. ........ _ ... . ................. ....... Name / Address NASSIF GOLF VENTURES LLC 225 BANYAN BLVD STE 240 http: / /www.collierappraiser.com /main searchlRecorddetail.html ?Map= No &FolioNum= 49706500140 1/9/2014 Page 1 of 1 Collier County Property Appraiser Property Summary D.r—1 Aln :A07fItiCAAAA2 G:4e AA CW19 DATTI CCKIAI /G LIAIIAIIA Or% City NAPLES State i FL i Zip '34102-5156 Map No. Strap No. Section Township Range a Acres *Acreage I ----------- ..: _,._.....m..... ..... ..... ... 5B20 40370015B20 20 50 26 3.74 Legal HIBISCUS GOLF COURSE LOT 1 Millage Area a 161 Millage Rates 0 *Calculations Sub. /Condo 403700 - HIBISCUS GOLF COURSE School Other Total Use Code 0'10 - VACANT COMMERCIAL 5.69 8.2427 13.9327 Latest Sales History 2013 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date .—Book.-Page Amount Land Value $ 31,790. ( +) Improved Value $ 0: (_} Market Value $31,790. ( -) SOH* & other Exempt. $ 0 (_) Assessed Value $ 31,790: ( -) Homestead & other Exempt. $0, (_) Taxable Value $ 31,790: (_) School Taxable Value $3 1,79 0. If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH = "Save Our Homes" exempt value due to cap on assessment increases. ttp:H\ vww. col lierappraiser. com /main_searchlRecorddetail.html ?Map= No &FolioNum= 49706 00043 1/9/2014 Page I of I Collier County Property Appraiser Property Summary .... .. ......... Parcel No. 49706500027 Site Adr. 5375 HISBISCUS DR ...... .... . .......... . ...... ...... .. ........ Name Address NASSIF GOLF VENTURES LLC ... ........ .... . . . ............. ...... . ...... �;225 BANYAN BLVD STE 240 ---- — ------ - --------- City NAPLES State 'FL Zip Latest Sales History (Not all Sales are listed due to Confidentiality) .. ... . . .... - .. ...... .... .. Date Book-Page Amount .. . .. ..... I I 2013 Certified Tax Roll (Subject to Change) Land Value $ 100: Improved Value j $0. 3! Market Value $ 100 SOH* & other Exempt. $�O: Assessed Value $100 Homestead & other Exempt. $0 Taxable Value $ 100 School Taxable Value $100. .......... If all Values shown above equal 0 this parcel was created after the Final Tax Roll *SOH = "Save Our Homes" exempt value due to cap on assessment increases. http://www.collierappraiser.com/i-nain—searchlRecorddetail.litml?Map=No&FolioNum=49706500027 1/9/2014 o- w Z u 00o u oNwC¢eoa a o z. � 0-1 IX W a� P ui z' x Ix Q LU �' „dam;: w : ,; s � �":oi�'•- o � _ f Apt •� SA Y as �_ z9 - # ' _ z d �-W 'fit A HIBISCUS DRIVE w — �. l '' - cz J e Vr APR- jr 1w' DORAL CIRCLE TA Fes'. it r Location Map GradyMinor HIBISCUS RPUD © GradyMinor LOCATION MAP 0 z UEBIG RAD 0 SAXON RADIO ROAD (C.R 856) MANOR F5 Y (j WESTVIEW 5 REGENCY BERKSHIRE LAKES (DRI) g TWELVE LAKES NAPLES AIRPORT AUTOHAUS SUMMERWOOD BRE70NNE n PARK 5 4 2 MOON 3 AIRPORT 1 FOXFlRE DRI ) BEMBRIDGE VI�LIIApGE PLAZA SPRINGWOOD LAKE gm mg SHOPPES AT WILD ESTA SALVATION BROOKSIDE ARMY c+ WFF SANTA BARBARA y NORM j (S.R.84) OAVIS BOULEVARD NNTIIt PARK LOCH RIDGE � Y z a NAPLES z DEVOE PONTIAC HERITAGE LEVEL. u GALLIVAN O RAORMIN � ESTATE AND 10 KINGS LAKE " � 8 COUNTRY 11 O 12 (DRI) WALLING LOS aq CLUB MILLER Of COWER COUNTY 7 RAVE / t �� 9 SQUARE ¢ GOVT. COUPLER WEST I 1 m (DR[) CROWN F O COURT OUSE POINTE ZOO SHADC VS O ti Z cc SHADOW - p LAGO m YOUTH HAVEN WATERFORD WOOD VERDE ESTATES j 11Al� ROYAL WOODS (S) M7NDSTAR w TYSHda PoVIERA U 17 CWB 15 r 14 N-HOMA\SS 1b COLONY m GOLF 16 ST. PETER'S ESTATES PROJECT CATHOLIC PN°°" °°, " CHURCH LOCATION MANDALAY WIND - Z�-- �T� SONG flf 11 RATTLESNAKE HAMMOCK RO (C.R. 864) m NAPLES E JAP ), LELY BOTANICAL GOML ILY PALMS GARDEN PAR �i� COUNTRY ~ 22 23 24 19 20 � ) 21 SABAL BAY � H�� 2 LELY s SQU ' 9i i F-=l LILY, A RESORT COMMUNITY SABAL L H ON BAY NAPLES MANOR 27 26 25 30 29 28 MICEU SABAL BAY (S) WENTWORTH ESTATES MYRTLE WOODS TREE TOPS WHISTLERS TRAIL COVE ACRES 34 35 36 31 32 33 VINCENTIAN (S) WENTWORTH ESTATES VICTORIA FALLS WENTWORTH 5 ESTATES 4 3 2 1 6 EAGLE CREDO LANDS END PRESERVE © GradyMinor LOCATION MAP 0 z Ordinance 2015 -25 GradyMinor ORDINANCE NO. 2015 -25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMUNITY FACILITY ZONING DISTRICT AND GOLF COURSE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HIBISCUS RPUD TO ALLOW CONSTRUCTION OF UP TO 64 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE OF RATTLESNAKE - HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.9f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ- PL201400001791 WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Nassif Golf Ventures, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE; Zoning Classification. The zoning classification of the herein described real property located in Section 19, Township 50 South, Range 26 East, Collier County, Florida is changed from a Community Facility zoning district and Golf Course zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Hibiscus RPUD to allow construction of up to 64 residential dwelling units in accordance with Exhibits "A" through "F" attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. [14-CPS-01349/1154786/1] 88 Hibiscus RPUD \PUDZ- PL20140000179 Rev. 2/19115 1 of 2 CAO { t «� ..., SECTION TWO. Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015 -26 becomes effective. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this V11" -day of _ ,� ,� j j , 2015. ATTEST �- BOARD OF COUNTY COMMISSIONERS DWIG`* ?3' CI.ERI{ COLLIER COUNTY, FLORIDA 1 B t , By :' r ' ` TIM NANCE, Chairman sinatute `oi►W e<<. Approved as to form and legality: Heidi Ashton -Cicko Managing; Assistant County attorney Attachments: Exhibit A.— Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E =List of Deviations Exhibit F — Developer Commitments This ordinance filed with the Sec etary of State, Office the day of and acknowledgement. of that filin received this day of By ( [14- CPS - 01349/1:154786/1] 88 Hibiscus RPUD 1PUDZ- PL20140000179 Rev. 2/19/15 2 of 2 f ti EXHIBIT A FOR HIBISCUS RPUD Regulations for development of the Hibiscus RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 64 residential dwelling units shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL A. Principal Uses: 1. Dwelling Units — Multiple family, single family detached, townhouse and single family zero lot line. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") or the Hearing Examiner. B. Accessory Uses: 1. Clubhouses, Community administrative facilities, Community maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices. Community wide recreational facilities shall be required to have a 15 -foot wide landscape buffer and wall and to have a minimum building setback of 30 feet from the external PUD boundary where not adjacent to golf course zoned property. a. For community recreational facilities exceeding the 30' PUD boundary setback or adjacent to golf course zoned property, no wall shall be required and the following setbacks shall apply: Front: 30 feet Side: 15 feet Rear: 15 feet b. Maximum actual building heightshall be 25'. 2. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. Hibiscus RPUD PL20140000179 Page 1 of 8 Revised 03/16/2015 Cq 3. Open space uses and structures such as, but not limited to, boardwalks, nature � trails, gazebos and picnic areas. O� 4. Accessory uses and structures customarily associated with the principal uses � permitted in this RPUC\ including but not limited hz garages, carports, swimming pools, spas and screen enclosures. � S. Any other accessory use, which is comparable in nature with the foregoing uses !� and consistent with the permitted accessory uses of this PUD as determined by ` the Board ofZoning Appeals or the Hearing Examiner. U DEVELOPMENT STANDARDS ' � Exhibit B.scts forth the development standards for land uses within the Hibiscus KPUD Subdistrict. , Standards not specifically set forth herein shall be those specified in applicable sections of the LDC � in effect asof the date of approval of the SDP or subdivision plat. ~ i! / ! ^. .. /. PRINCIPAL STRUCTURES SINGLE FAMILY DETACHED TOWNHOUSE SINGLE FAMILY ZERO LOT LINE MULTI - FAMILY Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF 30 feet 75 feet N/A Minimum Lot Width 40 feet 18 feet N/A Minimum Lot Depth 75 feet 80 feet N/A Minimum Front Yard Setback *1, *3 Rattlesnake Hammock Doral Circle 20 feet 25 feet 20 feet 20 feet 25 feet 50 feet 20 feet 25 feet 50 feet Minimum Side Yard Setback 5 feet 0 feet internal 1p feet external 10 feet Minimum Rear Yard Setback 10 feet 15 feet 4eeee 5 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet Maximum Building HeiZoned Actual 30 feet 35 feet 45 feet 50 feet ee50 5 feet feet Minimum Distance Between Buildings Floor Area Min. (S.F.), per unit 10 feet 1,500 SF 20 feet 750 SF 10 feet 1,500 SF 20 feet 750 SF Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A ACCESSORY. STRUCTURES Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 1 0 feet external 0 feet 10 feet Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet Minimum Distance Between Buildings Maximum Height Zoned Actual 10 feet 20 feet 25 feet 0/10 feet 20 feet 25 feet 0 /10 feet 20 feet 25 feet 0 /10 feet 20 feet 25 feet Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1 —Front entry garages must be a minimum of 23' from back of sidewalk. Porches, entry features and roofed courtyards may be reduced to 15'. All parking areas must remain clear of sidewalks. *2 — Minimum separation between adjacent dwelling units, if detached, shall be 10'. *3 —Front yards shall be measured from back of curb for private streets or drives, and from ROW line for any public roadway. 4 —The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement. Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Hibiscus RPUD PL20140000179 Page 3 of a Revised 03/16/2015 CA) V d' H M Z w U Q J W Q o� N w W D w Q a z w a- 0 z ira C7 z Y ga O W W CO Z D 00 N U w 0 J 0 m w D ,OU! 0 0 U x 2 W j L ro Q , ' c� li z gw � � I 3n `n ^c� co w z Q oui "U) / a , I Z D z ¢_ QQ 'co LL I viz 1 3:)dd 4Z6 ° 1 N3V13SV3' ' LL m �/ LL �— 30VNIV8(l. ! � w OW 3JVNIVZIG ' 'ui m N W i .00L Lf CL I o.- -— ��-�j - n t , ' Q h co Z D z ¢_ QQ z. LL I viz 1 3:)dd 4Z6 ❑: w w `=I �- t ❑ iN3r43S OW 3JVNIVZIG ' -' g N W i .00L Lf CL s� od 1 , _a ORAL CIRCLE < J I i M Q 1 r I J 0) Z ¢r ❑ � 1 ❑ to ww zix O iii N W 0 ......... �....; .. - - weuov s+xro- mvnwwru - K«nr.v. nuw� want r.. , Z W LL 0>! F O z g a = zzw n W LL �a[L h W O o =ate 0 V � J 0 ZOLL O w❑LL �O �0 �w 2ZOZ m I T w - Q G (n ❑ U� HIV) LLJ 00 Q}� DU �Zo PQ m LjZa¢ Wwv =o Wo w m ~2 Uz aw Qo ;� zc)< ZQ XQ inWO OV 0. -'� 0Z WJ� Y "m OU LLQ U�U .Sc u ao V2O 3 =; UI _ W O � y;Y 0 Z Q' d ffi W 3c° ky 0 Ix Uw cna OQ �o � I- pzYIX e gZ cr � u�iUW� e i Q) < ° ❑Q I=-° Qc°n Ca O ZI w €; . cn �{ O w d F C7 w0�0 ®$ �LL �? ZVO 1 0'o C9 a y• Ei ❑ � Q A Z O w Q h co Z D z ¢_ QQ z. � w. ❑: w w `=I �- t ❑ OW ❑ -' g N H Lf A Z O w EXHIBIT D FOR HIBISCUS RPUD LEGAL DESCRIPTION LOT 1, LOT 2, AND TRACT "R ", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 7.9 ACRES, MORE OR LESS. Hibiscus RPUD PL201 40000179 Page 5 of 8 Revised 03/16/2015 EXHIBIT E FOR HIBISCUS RPUD LIST OF DEVIATIONS 1. From LDC Section 4,06,02.C, Landscaping, Buffering, and Vegetation Retention, which requires a multi - family residential development to provide a 15' wide type `B' buffer between the residential use and a golf course clubhouse tract to permit the development to install the Type B buffer as if it were adjacent to a lake in order to cluster the required landscaping within the building setback area between the canal and the proposed residential buildings, 2. From LDC Section 3.08.00.A.4.d.ii, Environmental Data Requirements, which requires properties that are occupied by a golf course to provide soil and /or groundwater sampling at the time of first Development Order to permit the soil and /or water quality test to be provided at the time of Site Development Plan or Plat review. 3. From LDC Section 5.06.04,G, Off- premises directional signs, which prohibits off - premises signs in residential districts, to permit two existing signs to remain in the current location at the project entrance on each side of Hibiscus Drive and to permit an increase in their square footage of approximately 42.5 square feet to 64 square feet for each sign to allow inclusion of signage for the residential dwellings. 4. From LDC Section 4.02.04.1), Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line, to allow windows along portions of the principal building that is on the zero setback line. i. Hibiscus RPUD PL20140000179 Page 6 of 8 Revised 03/16/2015 �*A� EXHIBIT F FOR HIBISCUS RPUD LIST OF DEVELOPER COMMITMENTS 1. PLANNING a. Building massing: No building shall contain more than 12 units, or have a wall length greater than 200 feet. b. In order to achieve the density of 64 units and prior to the issuance of the first building permit for the first residential dwelling unit, the property owner shall record a restriction in the Official Land Records of Collier County on a portion of the Hibiscus Golf Course property equal to 12 +/- acres, restricting the use to golf course, open space or preserve uses in perpetuity. 2. ENVIRONMENTAL a. Soil and /or groundwater sampling consistent with the requirements of LDC Section 3.08.A.4.d.ii shall be provided at the time of Site Development Plan or Plat review. The Phase One Environmental Site Assessment submitted did not address the properties requirement to comply with LDC section 3.08.00 A.4.d.ii which addresses soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals. It has been identified that some form of golf course maintenance, storage or operation activities occurred in a portion of the proposed development area and an adequate assessment of the soils in this area that may include additional soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals is warranted. In addition to the background and random sampling points across the property, soil samples should be collected in areas of the property where suspected golf course maintenance, storage or operation activities that may have contained drums, chemicals, petroleum products, fuel tanks and chemical mixing areas. b. The landscape buffer on the east perimeter of the PUD shall be a minimum of 15' in width and all non - invasive plant shall be retained. 3. TRANSPORTATION a. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 52 PM Peak Hour, two -way trips. b. The owner shall make a payment of $25,000 to the County within 30 days of PUD approval to be used for a CAT station /facilities along Rattlesnake Hammock Road. c. The owner will provide on -site bicycle racks for resident use to encourage alternatives to motorized vehicular travel. d. Access to Doral Circle shall be limited to emergency vehicles until a traffic signal is installed at the intersection of Doral Circle and Rattlesnake Hammock Road. No construction traffic shall be permitted on Doral Circle. Hibiscus RPUD PL20140000179 Page 7 of 8 Revised 03/16/2015 r—.. 'tC,q e. If a left -out median opening is permitted from Hibiscus Drive, the owner shall be responsible for costs associated with median improvements for the left out configuration. The County, in its sole discretion, reserves the right to modify or close any median openings at any time for capacity or safety reasons. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is Nassif Golf Ventures, LLC, 225 Banyan Boulevard, Suite 240, Naples, Florida 34102. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5. EMERGENCY MANAGEMENT A. The property owner, prior to the issuance of the first residential certificate of occupancy, must develop a continuing hurricane awareness program and hurricane evacuation plan. The hurricane evacuation plan shall address and include at a minimum the following items: 1. Operational procedures for the dissemination of warning and notification of all residents and visitors during the hurricane watch and warning periods. 2. A public awareness program to address vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the location of hurricane shelters and other protective actions which may be specific to the development. 3. Identification of who is responsible for implementing the plan. B. The property owner, prior to the issuance of the first residential certificate of occupancy, shall provide Collier County Emergency Management with funds required to provide 40 evacuation shelter cots, inclusive of 2 cots required for persons with special needs. Hibiscus RPUD PL20140000179 Page 8 of 8 Revised 03 /16/2015 Cq WE t FLORIDA DEPARTMENT --- STATE RICK SCOTT Governor 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: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015 -25, which was filed in this office on April 17, 2015. Sincerely. Ernest L. Reddick Program Administrator 1011:7f[:7 R. A. Gray Building • 500 South Bronough Street . Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us Affidavit of Compliance GradyMinor AFFIDA'6TIT 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 hereby made a part of this Affidavit of Coi State of Florida County of Lee copy of newspaper advertisement which are (Signature of Applicant) 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 as a +•a + JOANNE DANES {� MY COMMISSION # FF 090620 (z1v EXPIRES; March 14, 2018 $nre flendedfiru Budget NotarySerhw ( ignatur of Notar Public) (Notary Seal) Printed Name of Notary GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects November 20, 2015 RE: Neighborhood Information Meeting Petitions PL20150002354/CPSS- 2015 -2, Hibiscus Residential Infill Subdistrict and PUDA- PL20150002326, Hibiscus RPUD Dear Sir or Madam: Formal applications have been submitted to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment and a Residential Planned Unit Development (RPUD) amendment, by Nassif Golf Ventures, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, P.A., for the following described property: The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. Nassif Golf Ventures, LLC is asking the County to approve these applications to allow a concurrent small -scale amendment to the Collier County Growth Management Plan and amendment to the Residential Planned Unit Development (RPUD) known as Hibiscus RPUD. The Growth Management Plan Amendment proposes to amend the Hibiscus Residential Infill Subdistrict text to increase the number of stories allowed for residential multi - family buildings from three to four. The RPUD amendment petition being processed concurrently with the Growth Management Plan Amendment proposes to make minor changes to the PUD document which would change Exhibit B to increase the multi - family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed changes to the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday, December 9, 2015, 5:30 pm at the East Naples Library, 8787 Tamiami Trail East, Naples, FL 34113. Q. Grady Minor & Associates, P.A. Ph. 239 - 947 -1144 Fax. 239 - 947 -0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyininor.coin If you are unable to attend this meeting and have questions or comments, or if you have questions prior to the meeting, they can be directed by e -mail, phone, fax or mail by December 9, 2015 to: sumpenhour @gradyminor.com, phone 239 - 947 -1144, fax 239 - 947 -0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician 0 LIEe e O PAVIO IiOnO [C R. ACrI MANOR MANOR Z LAKES E 3? 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"aaaaaaaaaaaa e c e e e "e n Se _ edgy' b'' tY tt$t � ttta YY t F F F °a F F F F F Z F F F F y F = °33sg ^go €yg € =�bs`o o °w�`000irms�z�`o aa�o 88 s?n�a�aa°a= Nlm- ir �m�AAWW��x��Wiz�a��afax�samxo� 3 3 m IC o gG S $ a ° Z� .2y $W : ----------- -333i333333> ' oso M1 = "s$s "�ao °s�?��msxos��sesa�� e 5� � f oil S Euo� 5a�r PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING Petitions PL20150002354/CPSS- 2015 -2, Hibiscus Residential Infill Subdistrict and PUDA- PL20150002326, Hibiscus RPUD The public is invited to attend a neighborhood meeting held by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, P.A., representing Nassif Golf Ventures, LLC on: Wednesday, December 9, 2015, 5:30 pm at the East Naples Library, 8787 Tamiami Trail East, Naples, FL 34113 The subject property is comprised of approximately 7.9± acres, located on the south side of Rattlesnake Hammock Road at Hibiscus Drive in Section 19, Township 50 South, Range 26 East, Collier County, Florida. F P— 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 � I • ., ,�. v ry __. (((iii � J NIM Transcript GradyMinor 1 2 3 4 5 6 7 8 9 TRANSCRIPT OF THE HIBISCUS RPUDA AND GMPA NEIGHBORHOOD INFORMATION MEETING December 9, 2015 5:35 p.m. 10 Appearances: 11 WAYNE ARNOLD 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD YOVANOVICH, ESQ. AL MOSCATO DAVID NASSIF SUE FAULKNER NANCY GUNDLACH SHARON UMPENHOUR 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E MR. ARNOLD: Are we ready? Okay. Good evening, folks. I'm Wayne Arnold, and here representing the Hibiscus residential planned development and the amendments that we're making to that, the zoning and the comprehensive plan. Tonight, you have David Nassif and Al Moscato, who are part of the ownership group of the Hibiscus Country Club and this particular piece of property. Rich Yovanovich is the attorney representing us. This is Sharon Umpenhour with my firm. She's taping the meeting as we're required to do by the county. I'll introduce the two county staff folks that are here. We have Sue Faulkner in the darker red outfit and Nancy Gundlach, who is the lighter red outfit. Nancy works on the zoning application and Sue is involved with our comprehensive plan amendment. I'm not sure how many of you were here when we came through the process in the spring, but the Hibiscus residential PUD and comp plan amendment was approved by the Board of County Commissioners and it authorized construction of up to 64 dwelling units on what I call the old clubhouse tract. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 3 And as part of that application process, we created some comprehensive plan language that said -- and we have three -story dwelling units. We're proposing to change the word three to four so we can have up to four -story dwelling units on the property. And then in the zoning document, we're changing what was established as the zone height and what we call an actual height of the buildings by five feet each. One went from 45 feet to 50 feet, and the other is 55 -- 50 to 55 feet. And we're also -- we put a restriction on ourselves, limited ourselves to 12 units per building. We'd like to revise that and allow up to 16 units per building. What happened at the time, we originally had applied for and asked for, was it 80 or 84 units, I forget. UNIDENTIFIED MALE VOICE: (Indiscernible). MR. ARNOLD: But through the staff review, the Planning Commission review and ultimately the Board of County Commissioners, they authorized only a maximum of 64 units. And some of that was done on the fly, and I don't think we really thought about the impacts to the number of buildings on the site 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IN 16 17 18 19 20 21 22 23 24 25 4 and made the adjustments in the product type to account for that lower number of units. So you're all familiar with the site, but it affects the area on the north side of the clubhouse tract on the south side of Rattlesnake Hammock, bisected by Hibiscus Drive. For those of you who might have been interested at the time, the Board restricted access to Doral Drive to emergency access only. So any -- maybe an emergency vehicle could use it if necessary, but no general traffic through there. And we heard a lot about traffic. That's one of the reasons the reduction in units was supported by the county staff and the County Commission, ultimately, so we're not trying to (indiscernible) anything with regard to the number of units, but it's really to accommodate a little bit different product and allow them to get the height they need to do that. This is kind of the concept they're working from with the architect. It's going to result in less buildings than we had under the three -story plan. So we've got, in this scenario, four dwelling units. You can see we've made provisions for a small 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A clubhouse and pool, which is consistent with where we originally had identified it on our concept plan. And still working with the architect to come up with what that equates to, but the five feet was necessitated by the way we measured the zoned and actual height, and to look at a -- the four -story product likely will have an elevator core which pushes the need to go a little bit higher on elements of the roof because those are included in your actual height measurement. So the changes we're proposing are, in our -- in our position, minor with regard to the changes, and I'm happy to open it up for any questions you might have. I think I've covered the changes. They're very simple changes to the -- a couple of pages of the documents. UNIDENTIFIED FEMALE VOICE: (Indiscernible). UNIDENTIFIED FEMALE VOICE: How many units are there? UNIDENTIFIED MALE VOICE: What is that there? MR. ARNOLD: We have 64 units total and that's our detention area. UNIDENTIFIED MALE VOICE: So I'm going to have a big pond behind me. C 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 on the east side of the thing, so our building that we're showing here would sit somewhere in this vicinity. UNIDENTIFIED FEMALE VOICE: Great. Okay. UNIDENTIFIED FEMALE VOICE: So the bulk of the buildings are going to be across the driveway? MR. ARNOLD: Correct. UNIDENTIFIED FEMALE VOICE: Okay. UNIDENTIFIED FEMALE VOICE: What is it going to be, an adult community, apartments? MR. ARNOLD: Well, market rate straight condominium units. UNIDENTIFIED FEMALE VOICE: Condominiums. MR. ARNOLD: Yeah, we had that discussion, I remember, at the last neighborhood information meeting, whether or not it was going to be age restricted or not, but it's not going to be a 55 and older restricted community. It may turn out to be that's who the buyer profile is, but it's not intended to be an age- restricted community. UNIDENTIFIED FEMALE VOICE: How large are the apartments? How large? Two bedrooms, three? UNIDENTIFIED FEMALE VOICE: Could you guys come up here instead of behind us? I 1 UNIDENTIFIED FEMALE VOICE: Yeah. 2 UNIDENTIFIED MALE VOICE: Sure. 3 UNIDENTIFIED FEMALE VOICE: Would you mind? 4 UNIDENTIFIED MALE VOICE: Well, you know, 5 we're still -- we're still in the process of 6 design, but what it looks like now, they will be 7 between 1,300 and 1,600 square feet, two and 8 three - bedroom units. 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 UNIDENTIFIED MALE VOICE: Nice units. 11 UNIDENTIFIED MALE VOICE: I don't know how 12 firm you are on that number, but if we're not firm 13 on that number, I'd rather not say that that's a 14 commitment to say that. 15 UNIDENTIFIED MALE VOICE: No. Like I said, 16 we're not -- we're still designing it, but that's 17 where we'd like to get to. 18 UNIDENTIFIED MALE VOICE: You are planning for 19 a pool and clubhouse? 20 UNIDENTIFIED MALE VOICE: Correct. 21 UNIDENTIFIED MALE VOICE: So we won't have to 22 lock up our pool, then? 23 UNIDENTIFIED MALE VOICE: I hope not. 24 UNIDENTIFIED MALE VOICE: It's on the other 25 side of the (indiscernible). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6N UNIDENTIFIED MALE VOICE: These buildings are -- UNIDENTIFIED MALE VOICE: So the only thing -- MR. ARNOLD: Hang on. One at a time, please. UNIDENTIFIED FEMALE VOICE: One at a time. MR. ARNOLD: We're recording the meeting. UNIDENTIFIED MALE VOICE: The only building, then, that is on the east side of the Hibiscus Drive is that one building, then, to the right? UNIDENTIFIED MALE VOICE: Correct. UNIDENTIFIED MALE VOICE: Okay. And how is that going to be facing? Is that facing Rattlesnake Hammock? UNIDENTIFIED MALE VOICE: It's actually the -- the -- how do you call the front of the building? The entry to the building will be on the Rattlesnake Hammock side. The balcony from the units will face the golf course. UNIDENTIFIED FEMALE VOICE: The golf course, which makes sense. UNIDENTIFIED FEMALE VOICE: And is that parking in front that I can see lightly? UNIDENTIFIED MALE VOICE: Yes. MR. ARNOLD: That's correct. This is all parking and driveway. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 UNIDENTIFIED FEMALE VOICE: And then that's green space between the parking and the street? MR. ARNOLD: Well, in their concept right now, that's -- the architect is laying that out as their dry detention system. UNIDENTIFIED FEMALE VOICE: Okay. MR. ARNOLD: We haven't engineered it, but I'm not -- so I'm not sure -- UNIDENTIFIED FEMALE VOICE: Okay. MR. ARNOLD: -- it's going to stay exactly like that. UNIDENTIFIED FEMALE VOICE: Okay. MR. ARNOLD: But close. Sir, in the back? You had a question. Sorry. UNIDENTIFIED MALE VOICE: You're projecting -- or you're requesting four -story buildings? MR. ARNOLD: That's correct. UNIDENTIFIED MALE VOICE: Correct. UNIDENTIFIED MALE VOICE: There's not another four -story development anywhere on the entire Rattlesnake Hammock. How are -- is this going to impact the property values all around here? Because everything is one and two - story, and ours is three, and that's the maximum. Four story seems out of place. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 MR. ARNOLD: Well, I think we went through this at the last neighborhood meeting and at the Planning Commission. I think your zoning actually allows you to go higher than the three stories that you were built, and I think part of that analysis was that some of the other zoning to our west and east allows higher -- higher units -- higher -- taller units than had been constructed. But I think, in reality, we're going back and adding five feet to the height of this. We had made provisions -- I mean, you're talking about, you know, shoulder height to me of the additional height we're asking. UNIDENTIFIED MALE VOICE: Oh, oh. UNIDENTIFIED MALE VOICE: Yeah. We're not adding a story of height. UNIDENTIFIED MALE VOICE: I misread the letter. MR. ARNOLD: Well, we're adding a story, because the comprehensive plan language that got adopted said that the maximum height should be three stories. Our zoning document made provisions for 45 feet and 50 feet, but when we're looking at the four -story product, we're about five feet short 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. 1 2 3 4 5 6 7 8 9 1901 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 UNIDENTIFIED FEMALE VOICE: Yes, that's right. MR. ARNOLD: Yeah, I think we said that anything that wasn't exotic that we had to remove, we would retain within our buffer. UNIDENTIFIED FEMALE VOICE: Right. UNIDENTIFIED MALE VOICE: What does it mean, exotic? MR. ARNOLD: Brazilian pepper, melaleuca. There's a handful of other types of vegetation, but those are the two most common that we typically deal with in an urban setting. UNIDENTIFIED MALE VOICE: Did you eliminate them or something? MR. ARNOLD: The county requires you to eradicate them. UNIDENTIFIED MALE VOICE: To get rid of -- they're not -- MR. ARNOLD: Yep. UNIDENTIFIED MALE VOICE: They're not supposed to be around, then? MR. ARNOLD: That's correct. UNIDENTIFIED MALE VOICE: Okay. MR. ARNOLD: Yes, sir? UNIDENTIFIED MALE VOICE: The parking lot facilities, will they be covered or open to the air 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Nei 14 like a canopy? MR. ARNOLD: Well, we made provisions for there to be carports in the original approval. I don't know if you've given any greater thought. You don't have -- I don't see garages on those drawings, so -- UNIDENTIFIED MALE VOICE: No. Again, these are concepts that we have, but we're looking at that right now, some combination of possibly carport or even enclosed garages along -- along some of those parking spaces. UNIDENTIFIED MALE VOICE: Is there going to be any changes on Rattlesnake Hammock, you know, for everybody making a left -hand turn into your place like that, you know, there's only like seven, eight cars there, but I mean, you're going to have 60 cars coming in there. Is it going to be backed up all the way to Charlemagne or something like that? MR. ARNOLD: No. There are existing turn lanes that were analyzed as part of our original zoning. And keep in mind, we thought everything worked at the higher number of units. It was reduced because the county was concerned about the traffic impact. So that was the reason that we had a 20 -unit 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reduction on our project that exist for -- 15 But there are turn lanes UNIDENTIFIED MALE VOICE: Yeah, I know there's a turn lane there, but I just wondered, you know, is it going -- UNIDENTIFIED FEMALE VOICE: It's a short turn lane. UNIDENTIFIED FEMALE VOICE: It is. UNIDENTIFIED MALE VOICE: -- to hold enough cars, you know, because I have to turn on that one, too -- MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: -- you know, when I'm coming -- when I'm going this way. I've got to make a U -turn to get into my place. MR. ARNOLD: Right. UNIDENTIFIED MALE VOICE: You know, I don't want to pay no $150, $200.unless (indiscernible). MR. ARNOLD: The Sheriff's Department really (indiscernible). UNIDENTIFIED MALE VOICE: (Indiscernible). Okay. Well -- MR. ARNOLD: Yes, sir? UNIDENTIFIED MALE VOICE: Do you know, at this stage, if you're going to be required to provide 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 any affordable housing? MR. ARNOLD: We are not required to provide affordable housing and we're not proposing it. UNIDENTIFIED MALE VOICE: Okay. UNIDENTIFIED FEMALE VOICE: How tall will the unit ceilings be in this project? Will it be eight, ten? MR. ARNOLD: Nine. UNIDENTIFIED FEMALE VOICE: Nine, okay. MR. ARNOLD: Again, nothing is finalized yet. UNIDENTIFIED FEMALE VOICE: I know. MR. ARNOLD: But that's our plan, is to do something in the nine -foot range. Anything else from anybody? UNIDENTIFIED MALE VOICE: No. Just keep us informed, if you would, please. MR. ARNOLD: Well, we don't have a hearing schedule set definitely, do we, Nancy? This -- MS. GUNDLACH: No, not yet. MR. ARNOLD: This is proposed to go to the Planning Commission and the Board of County Commissioners primarily because of our comprehensive plan change. If it was just the zoning change, we might have been able to go a different process, but I'm guessing, at this rate, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P-41 r 17 it certainly won't be any earlier than January, and most likely February, given scheduling, Nancy. UNIDENTIFIED FEMALE VOICE: (Indiscernible). UNIDENTIFIED MALE VOICE: Will everybody get notified about that? MR. ARNOLD: The county will send out notices. If you received a notice of this meeting, you should receive another notice. And then, of course, the billboard signs will go up on our property announcing those dates as well. UNIDENTIFIED MALE VOICE: The meeting (indiscernible)? MR. ARNOLD: Yeah, the big four by eight signs. UNIDENTIFIED MALE VOICE: Yeah. Don't put it way in the back. Put it up in the front (indiscernible) way in the back (indiscernible). UNIDENTIFIED FEMALE VOICE: Could you call Bob and tell (indiscernible) where (indiscernible). MR. ARNOLD: Just give us your phone number. We'll -- UNIDENTIFIED MALE VOICE: I know about you guys. UNIDENTIFIED FEMALE VOICE: What are you considering the average cost of these units? l 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 F1s] UNIDENTIFIED FEMALE VOICE: And not put enough money in your reserve (indiscernible) when you sell them. UNIDENTIFIED MALE VOICE: (Indiscernible.) (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: No. UNIDENTIFIED FEMALE VOICE: We know how it is. UNIDENTIFIED FEMALE VOICE: Assume that you've been approved -- UNIDENTIFIED FEMALE VOICE: Been down this road. MR. ARNOLD: One at a time, please. UNIDENTIFIED MALE VOICE: What? UNIDENTIFIED FEMALE VOICE: Been down this road. UNIDENTIFIED MALE VOICE: No. These will be nice units. We are here. We're not going anywhere. UNIDENTIFIED FEMALE VOICE: Low condo fees, sure. UNIDENTIFIED MALE VOICE: Well, they will be what it is. UNIDENTIFIED FEMALE VOICE: Small reserves. MR. ARNOLD: Yes, ma'am? UNIDENTIFIED FEMALE VOICE: Assuming that you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MUSA 17 18 19 20 21 10A 23 24 25 20 all are approved in March, then, is it the next month that it would go to the Board of County Commissioners? MR. ARNOLD: Well, there's about a 30 to 45 -- typically, 30 to 45 -day delay between Planning Commission and board. UNIDENTIFIED FEMALE VOICE: Okay. Maybe May, then. How soon after -- MR. ARNOLD: Well, I'm hopeful we can go February and March -- UNIDENTIFIED MALE VOICE: Yeah, me, too. MR. ARNOLD: -- in terms of the schedule. February Planning Commission. When I say February and March, it would be February Planning Commission and then March BCC. I mean, it really isn't very complicated. So there's not a lot of reanalysis of the project. It was just approved,. what, six months ago, so. UNIDENTIFIED FEMALE VOICE: How quickly would you start after that, then? UNIDENTIFIED MALE VOICE: Very quickly. UNIDENTIFIED FEMALE VOICE: Like within 30 -- you'd have to get permits -- UNIDENTIFIED MALE VOICE: Right. UNIDENTIFIED FEMALE VOICE: -- which is going 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 to be -- UNIDENTIFIED MALE VOICE: You know, as soon as -- what you'll see next at the site, you'll see a sales trailer. UNIDENTIFIED FEMALE VOICE: Okay. UNIDENTIFIED MALE VOICE: You know, once we get the appropriate permitting and whatnot -- UNIDENTIFIED FEMALE VOICE: Okay. UNIDENTIFIED MALE VOICE: -- that will go out there. And after that, we would start doing site work on the property. And, again, we have to have all of our approvals first before we can do that. So I would think somewhere in the midsummer time period. UNIDENTIFIED FEMALE VOICE: It seems strange that you don't have any floor plans or whatever developed at this point if you're talking about putting a sales trailer out there. UNIDENTIFIED MALE VOICE: Yeah, we will by that point in time. We hope to get a sales trailer out there sometime in January. And by the time the sales trailer is there, we'll have plans and renderings and everything to show for the marketing. UNIDENTIFIED FEMALE VOICE: And you didn't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 W. 19 20 21 22 23 24 25 22 think of having them in time for -- to share with the neighbors? UNIDENTIFIED MALE VOICE: We're not ready. We're not ready. And for this meeting, it doesn't have anything to do with the floor plans. That would be more of a marketing -- UNIDENTIFIED FEMALE VOICE: Well -- well, exactly. UNIDENTIFIED FEMALE VOICE: You won't have to have floor plans even when you go before the Planning Commission, will you, nor the -- UNIDENTIFIED MALE VOICE: No. I wish we had them now. I mean, we'd love to be preselling, but we're just not ready. UNIDENTIFIED MALE VOICE: It said on one of the things that you're going to put a stoplight at the (indiscernible). MR. ARNOLD: No. UNIDENTIFIED MALE VOICE: No? There's something -- one of them said something about a stoplight or something I was reading. No? MR. ARNOLD: I don't think so, no. Nancy, Sue, anything you all want to add? UNIDENTIFIED FEMALE VOICE: (Indiscernible) ask for a stoplight down the road when all this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 traffic finally hits Rattlesnake? Anything? UNIDENTIFIED FEMALE VOICE: I'm not aware of anything for a traffic light. UNIDENTIFIED FEMALE VOICE: I think they mentioned at the planning meeting that they were going to ask the traffic engineers. The problem with Rattlesnake Hammock is there isn't anything else they can do. So, I think they were going to look to the -- to the department -- what -- UNIDENTIFIED FEMALE VOICE: Transportation? UNIDENTIFIED FEMALE VOICE: Transportation, to see if there was anything that could be done, but I don't think there was much hope held out for that. MR. ARNOLD: Yeah, they were -- I was going to say they were either retaining a consultant or they were going to do it internally, but they were trying to get a better handle on the volumes of traffic that are on the roadway today and the capacity, and then look at what they could do downstream of either traffic signal or do they need other median openings. What can they do to help. But the county's objective is to make traffic move. UNIDENTIFIED FEMALE VOICE: Right. UNIDENTIFIED MALE VOICE: They don't really 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2_4 25 24 care how long we have to sit here to get out. They want to make sure the volume of traffic on Rattlesnake keeps moving. UNIDENTIFIED FEMALE VOICE: They probably don't care how long (indiscernible). MR. ARNOLD: And I just wanted to add that one of -- when we went through this thing the last time, the county had wrong numbers for the actual traffic on Rattlesnake. They overstated the amount of traffic that was out there by, I think, a few hundred trips. So one of the -- UNIDENTIFIED MALE VOICE: Those were peak (indiscernible) trips. MR. ARNOLD: Those were peak (indiscernible) trips. So one of the reasons we got limited to the number of density we had was the county said we're over capacity already when they really -- when they updated their numbers, they realized they're not over capacity. So they -- and it's okay. We're not trying to get more units, and that's why the 80 went down to 64, but some of the information you received saying that, oh, you know, it's over capacity is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 incorrect, and the county has since corrected those numbers. UNIDENTIFIED MALE VOICE: What I see, I see a parking lot full of golfers over here, okay? And then I see 65 -- 64 units? MR. ARNOLD: 64. UNIDENTIFIED MALE VOICE: Everyone has one car, at least one car. So that's -- MR. ARNOLD: But the peak hours -- they base it on peak hour, and peak hour for residential is different than peak hour for golf course when the county looks at traffic. So that's why they concluded we didn't have a problem with the 64 units. UNIDENTIFIED MALE VOICE: Well, I don't know what time the golf course opens up, 9:00? I don't play golf, so I don't -- UNIDENTIFIED FEMALE VOICE: Seven. UNIDENTIFIED MALE VOICE: Seven? Well, that's just right during the rush hour, then, people pulling in. That's when people pulling in there, you know, they get in -- MR. ARNOLD: I think the county is comfortable with our traffic impacts and that we've mitigated for them through a reduction in traffic and paying 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PA3 24 25 26 some money toward the county's bus system to allow some of our residents, if they deem necessary, or other people in the corridor, to get bus passes so they don't have to use the road. UNIDENTIFIED MALE VOICE: Okay. UNIDENTIFIED FEMALE VOICE: Because that was written into the document, I believe also. MR. ARNOLD: That's correct, yes. UNIDENTIFIED FEMALE VOICE: Yeah. UNIDENTIFIED FEMALE VOICE: At the meeting in May, I personally brought up the fact that were they aware that, in order to go west on Rattlesnake Hammock, how far did they have to go before they could, you know, pass the, you know, make the U -turn and get back to their point of beginning, so to speak. MR. ARNOLD: Uh -huh. Yep. UNIDENTIFIED FEMALE VOICE: And it's, you know, up towards a mile that they have to go. And they -- everybody seemed very unaware of that. MR. ARNOLD: I don't know that it's a mile. UNIDENTIFIED FEMALE VOICE: It's very close to it. MR. ARNOLD: But I will say you've got to go a distance to make that U -turn, but that was all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 debated previously, and I think everybody was comfortable knowing that that's (indiscernible). UNIDENTIFIED MALE VOICE: Who's comfortable with that? MR. ARNOLD: The county. (Indiscernible). UNIDENTIFIED MALE VOICE: The county? UNIDENTIFIED FEMALE VOICE: (Indiscernible)? UNIDENTIFIED MALE VOICE: The traffic issue, Dan, has essentially been approved. UNIDENTIFIED MALE VOICE: Yes. UNIDENTIFIED FEMALE VOICE: Yes. MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: Well, I think that's why they reduced the number -- UNIDENTIFIED MALE VOICE: Right. UNIDENTIFIED FEMALE VOICE: -- from 84 to CsZj� UNIDENTIFIED MALE VOICE: Right. 27 UNIDENTIFIED FEMALE VOICE: -- was to somehow accommodate that traffic. MR. ARNOLD: That's correct. UNIDENTIFIED MALE VOICE: Yep. MR. ARNOLD: And these gentleman -- what's the number, $25,000 or something like that you're required to pay towards the CAT system of some 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sort? UNIDENTIFIED MALE VOICE: Right. UNIDENTIFIED FEMALE VOICE: The bus stop, yeah. 28 MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: The parking for the three buildings to the west -- UNIDENTIFIED MALE VOICE: Uh -huh. UNIDENTIFIED MALE VOICE: -- is that in the rear? UNIDENTIFIED MALE VOICE: Correct. Yes. UNIDENTIFIED MALE VOICE: It is in the rear, okay. UNIDENTIFIED MALE VOICE: What's that -- what's that -- UNIDENTIFIED FEMALE VOICE: Yes. I was going to say; what is in front, then? I'm sorry (indiscernible). UNIDENTIFIED MALE VOICE: What is that, is that water there, the wave like that? MR. ARNOLD: Here? UNIDENTIFIED MALE VOICE: Yes. UNIDENTIFIED MALE VOICE: Are you going to have a pond, too? UNIDENTIFIED MALE VOICE: A lake. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i M] UNIDENTIFIED MALE VOICE: A lake? MR. ARNOLD: That's on the west side of the entrance. UNIDENTIFIED MALE VOICE: (Indiscernible). (Multiple simultaneous speakers.) MR. ARNOLD: I think they occur naturally after time. UNIDENTIFIED MALE VOICE: Oh, yeah, yeah, yeah. I know they fill up (indiscernible) bring them in. I know that. Oh, that sounds good. UNIDENTIFIED FEMALE VOICE: And how many parking units -- parking spaces are you allowing per unit? MR. ARNOLD: It varies, depending on the size of unit, whether or not it's a one bedroom, two bedroom, et cetera, and I don't know their mix to tell you how many parking spaces we're going to have. UNIDENTIFIED MALE VOICE: Right now, the total provided on this plan is 139 spaces. UNIDENTIFIED FEMALE VOICE: 139 spaces and -- UNIDENTIFIED MALE VOICE: And the requirement we have is 128. two. UNIDENTIFIED FEMALE VOICE: That's more than 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.) 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 I, Joyce B. Howell, do hereby certify that: 1. The foregoing pages numbered 1 through 31 contain a full, true and correct transcript of proceedings in the above - entitled matter, transcribed by me to the best of my knowledge and ability from a digital audio recording. 2. I am not counsel for, related to, or employed by any of the parties in the above - entitled cause. 3. I am not financially or otherwise interested in the outcome of this case. SIGNED AND CERTIFIED: Joyce B. Howell Date: December 16, 2015 Affidavit of Posting Notice GradyMinor SIGN POSTING INSTRUCTIONS (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. I. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood fi•ame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER -lD PL20150002354 /CPSS- 2015 -2 HIBISCUS RESIDENTIAL INFILL SUBDISTRICT UATWUREOFAP 3800 Via Del Rey T STR EET OR P.O. BOX Sharon Umpenhour NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 1 St day of February , 20(116 , by Sharon Umpenhour , personally known to me or who produced as identification and who did/did not take an oath.- My Commission Expires: (Stamp with serial number) Signature o Notary '.u`blic Printed Name of Notary Public I'Mebsite%AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc JOANNE JAMES MY COMMISSION # FF 490820 * * EXPIRES: March 14, 2018 ul��'oFft��OC BondedThruBudgeINWry Services My Commission Expires: (Stamp with serial number) Signature o Notary '.u`blic Printed Name of Notary Public I'Mebsite%AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc !� L 9&� °� � f Xlt Ift if. STING PLANNED UNIT MOMENT ANO GROWTH ENDMENT APPROVAL. ANO�PLI01l00023lf; CP53.2015 -t 1BBISTRICT , O met fiimT IBr to (0 Zf 'M Jr , n /0 NCif W fN /MZO Y J109Z 1tiNIZO K IU lR tNffP timtlt �nnipW- iurreia - Nlf, . I \ 02/_0112016 02/01`/2016 HIBISCUS RPUD PUDA-PL20150002326 February 18, 2016 CCPC Backup Material GradyMinor GradyMinar Civil Engineers • Land Surveyors • Planners . Landscape Architects October 9, 2015 Ms. Nancy Gundlach Principal Planner Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for PUD Insubstantial Change, Hibiscus RPUD Dear Ms. Gundlach: Attached, please find copies of a Collier County application for Public Hearing for a PUD Insubstantial Change for properties located on the south side of Rattlesnake Hammock Road at Hibiscus Drive. This PUD Insubstantial change proposes to amend Ordinance 2015 -25 by revising Exhibit B, Development standards, to increase the building height for multi - family from zoned 45 feet and actual 50 feet to zoned 50 feet and actual 55 feet and to revise Exhibit F, List of Development Commitments, Iteml.a to increase the number of units allowed per building from 12 to 16. A companion Small Scale Growth Management Plan amendment is being submitted simultaneously with the Insubstantial Change to a PUD application to amend the number of stories allowed from three to four. Enclosed please find the following items for the Insubstantial Change to a PUD application: 1. Check in the amount of $2,525.00 for review fee 2. CD of Submittal 3. Completed Application —16 Copies 4. Project Narrative and Detail of Request —16 Copies S. Revised Text —16 Copies 6. Warranty Deed —16 Copies 7. Plat —16 Copies 8. List Identifying Owner & All Parties of Corporation — 2 Copies 9. Affidavit of Authorization — 2 Copies 10, Addressing Checklist —1 Copy 11. Location Map —1 Copy Q. Grady .Minor & Associates, P.A. Ph. 239- 947 -1144 Fax. 239 - 947 -0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Application GradyMinor Co er Coumty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: r 0 Name and Address I % of Ownership N.A. if the property is owned by a CORPORATION, list the officers and stockholders and the narrnntaaa of ctnrk m/unari by aarh- Name and Address % of Ownership David W. Nassif 100% 225 Banyan Boulevard, Suite 240 Naples, Florida 34102 — i C. if the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage orinteresU Name and Address % of Ownership N.A. If the Drooerty is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of �,tl lei dI dIIU /Ul 111111UCU IJai LIMIJ. Name and Address % of Ownership N.A. the 4/15/2015 Page 2 of 16 I CAT county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 REZONE REQUEST This application is requesting a rezone from: RPUD Zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Residential Proposed Use (or range of uses) of the property: Residential Original PUD Name: Hibiscus RPUD Ordinance No.: 2015 -25 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre - application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Towns hip/ Range: 19/ 50/ 26 Lot: 1 & 2 Block: Subdivision: Hibiscus Golf Course LOT 1, LOT 2, AND TRACT IV, HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 Metes & Bounds Description: Plat Book: 49 Page #: 344 Property I.D. Number: 49706500027, 49706500043 and 49706500140 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 7.9+/- Address/ General Location of Subject Property: South side of Rattlesnake Hammock Road at Hibiscus Drive PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial M Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: 4/15/2015 ❑ Industrial Page 4 of 16 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co er County EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub- district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 C'A'� C'--01 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX: (239) 252 -6358 Pre- Application Meeting and Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Arnendment.to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre - Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS COPIES REQUIRED REQUOIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ❑ ❑ Completed Application with required attachments ❑ ❑ ❑ Pre - application meeting notes ❑ ❑ ❑ Affidavit of Authorization, signed and notarized 2 ❑ ❑ Notarized and completed Covenant of Unified Control 2 ❑ ❑ Completed Addressing Checklist 2 ❑ ❑ Warranty Deed(s) 3 ❑ ❑ List Identifying Owner and all parties of corporation 2 ❑ ❑ Signed and sealed Boundary Survey 4 ❑ ❑ Architectural Rendering of proposed structures 4 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 ❑ ❑ Statement of Utility Provisions 4 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 4 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 ❑ ❑ Traffic Impact Study 7 ❑ ❑ Historical Survey 4 ❑ ❑ School Impact Analysis Application, if applicable 2 ❑ ❑ Electronic copy of all required documents 2 ❑ ❑ Completed Exhibits A -F (see below for additional information)+ ❑ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 %" x 11" copy ❑ ❑ ❑ Original PUD document /ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ Checklist continued onto next page... 4/15/2015 Page 11 of 16 Hibiscus RPUD Exhibit 2 Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. Narrative Statement Describing Request The Hibiscus RPUD was approved in 2015 as Ordinance 2015 -25. The property owner /developer is proposing minor changes to the PUD document, which would change Exhibit B to increase the multi - family zoned height from 45 feet to 50 feet and the actual height from 50 feet to 55 feet and Exhibit F.1.a to increase the number of units allowed per building from 12 units to 16 units. PUD Rezone Considerations (LDC Section 10.02.13.13) a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Hibiscus RPUD lies within the Urban Designation, Mixed Use District, Urban Residential Subdistrict. The residential infill project would continue a pattern of residential development consistent with the character and intensity of other residential development along the Rattlesnake Hammock Road corridor. Access to the project will be provided from both Hibiscus Drive and Doral Circle. Infrastructure is in place to support the 64 residential dwellings. The proposed minor 5 foot height increase for both the zoned and actual building heights are compatible with other conventional zoning districts, which have zoned heights of 50 feet. The C -3 and RMF -16 Zoning Districts, which are proximate to the site, permit zoned heights of 50 feet and 75 feet respectively. The conventional districts have no actual height limitation and therefore permit heights that can exceed the heights proposed in this application. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing Page 1 of 3 Hibiscus RPUD Exhibit 2 Evaluation Criteria for any public facility. It is intended that the project will be developed in one single phase of construction. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Hibiscus RPUD is undeveloped and is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD is consistent with LDC provisions for PUDs and no new deviations are proposed in this application. The proposed height increase will permit greater site planning flexibility and permit a more modern building design for the multi- family units. Page 3 of 3 haii ^F�f iY 1,,; ".�"�'.•I d3 k $',.,+�i .�.s:��i �'��i ku ;.w �`? n£ �.,a.��' �ir'I`s��5'� Yir'S.fL: il•��i ?.eti��Y�i >�l !. ''�4a�F�:3 �r �? COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers 49706500027 49706500043 and 49706500140 (Street address and City, State and Zip Code) and legally described in ExhibfYAattached hereto. The property described herein is the subject of an application for Residential planned unit development (RPUD) zoning. We hereby designate 0, Grady Minor and Assoc., P.A. and Coleman. Yovanovich & Koester, P.A„ legal representative thereof, as the legal representatives of the property and as such, these. individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of ehplanned unit development and the County may stop ongoing construction activity until the project is brou Wnto corn lia ce 7h all terms, conditions and safeguards of the planned unit development. O e Owner David Massif as Managing Member Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 2025 by who is personal . o ' e s r u as identification. DAWN dERULLE Notary Public • Slate of Florida r . • My Comm. Expires Sep 28, 2016 9�.1i1 Commission # FF 164105 1Notary Public i Son*throLo ationalNolarykssn. (Name typed, printed or stamped) 4115/2015 Page 19 of 16 Project Narrative GradyMinor I d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No increase in non - residential uses or areas for non - residential uses are proposed. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the request. f The change will result in land use activities that generate a higher level of vehicular traffic based upon the' Trip Generation Manual published by the Institute of Transportation Engineers; No new uses are proposed. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Adequate area exists on -site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The proposed modification in building height will not result in an incompatible land use relationship due to building setbacks and buffering standards. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; The PUD and proposed changes are consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRl) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRl /PUD October 6, 2015 Proposed PUD Revisions GradyMinor Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1 —Front entry garages must be a minimum of 23' from back of sidewalk. Porches, entry features and roofed courtyards may be reduced to 15'. All parking areas must remain clear of sidewalks. *2 — Minimum separation between adjacent dwelling units, if detached, shall be 10'. *3 —Front yards shall be measured from back of curb for private streets or drives, and from ROW line for any public roadway. 4 The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement. Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words underlined are additions; words ;qtrwek flf-etgh am deletions Hibiscus RPUD, PDI Last .Revised 1010512015 Page 2 of 3 Warranty Deed GradyMinor OR. 3585 PG; 1983 TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of any persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the in the presence of: 0 J WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK IBS TA, NATIONAL ASSOCIATION, KNOWN AS NORWEST BANK MINNES *NATIONAL ASSOCIATION, AS TRUSAIk "UNDER THAT CERTAIN POf}LI q AN')R SF�RVICING AGREEMENT,, DATED A� OF NO MBER 11, 1998, BY AND SUISSE FIRST BOSTON r) nGE ? _SECURITIES CORP. SID NORWEST BANK MINNES,PT, A iIONAL ASSOCIATION, AMONG—O.TkRfi (FOR DEPOSITOR'S COMMERC MORTGAGE PASS - THROUGIf -A FRTIFICATES, SERIES 1998 - �s��lr By: Lennar Partners, Inc., a Florida corporation, its attorney -in -fact Print Nam Name: Steven D. Ferreira Title; Vice President 19-11 q ► • !`I �s i 1724960 88 1 7\ # 679476 v I 6/2/04 1:43 PM -2- ,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 I of the Public Records of Collier County, Florida, hereinafter designated as Tract "AB "; LESS AND EXCEPTING from the Less: An area of land previously North of the FOREST HILLS S4 Page 84 of the public record of and more particularly, described da erile d d the following described parcels: ed as The T ility of Lely Estates lying to the of the Lely Gol sta s as recorded in Plat Book 10, sotwVj,...EJo00a, he Ina er designated as Tract "AC" From a Point of Beginning t th =U= il r c 7; 1 ck ?4, of said FOREST HILLS g g SECTION as described a e, s 1 for 29.07 feet; thence run North 43 degrees 33'59" W�s�t r 128.61 feet; the N 62 degrees 59'42" West for 51.57 feet; thence run North 2+ ees 08'16" West 57; thence run North 43 degrees 33'59" West for 237.39 feet; the c North 32 degrees W Jest for 205.38 feet; thence run North 77 degrees 23'56" East for 2Q 'feet- thence 0 degrees 44'51" East for 351.14 feet; thence run South 62 degrees' t `<L8, feet; thence run South 45 degrees 1128" West for 300.00 feet to the Point o n= and Less: An area of land located at the Northwest corner of Tract "K" as recorded in LELY GOLF ESTATES, Plat Book 8, page 20 of the Public Records of Collier County, Florida, and hereinafter designated as Parcel II, and more particularly described as follows: Beginning at the Northwest corner of Tract "K" as described above, run North 39 degrees 06'20" West along the Northeasterly right of way line of U.S. 41 and the Southwesterly line of Tract A for 266.50 feet; thence run North 50 degrees 53'40" East for 35.00 feet; thence South 78 degrees 00'02" East for 342.41 feet; thence run South 50 degrees 53'40" West for 250.00 feet to the Point of Beginning; and Plat radyMinor t I� o cv � � r o� w� - r"n J W lD N W O Z O N V) H W� O a a 'n °D x �o H Z Z. n LO H O U W N OW SOS �5O} 0 z z 4✓1J 11'- T ' ' 5 of N W W V) J r ago �L', <U WOH LJ 08 J Ir W � - k c: r � a0 i O W Z J 0 0 0 0 0 0 CL Q [n O li C 00 �w IL 0 W J am ao CL S �g �q w Yffis�� z� W�P 1 � 53 I I D t I b KI Y U 0 �Ix I w 0 N�o WI �I 1 E I n N Ug a I i �r I .I �I ez I 'I �OD'OSf 3,If.5ZA0s :I 1 I 9 I � I f �2 i e � I �I I- _I I I � I sw I O es° J �L- �i 1 R It' ae�' I ( Jee_�8 _- exa °�j�e�e3e I or I E I a ^eels" II 0 fa, ci n al - ` -- i 1 96'!42 x•It•54e:5 — I - St \�IF'��`�F�`� R_ — �• - -- Ta IT IBM Mill e 'I �OD'OSf 3,If.5ZA0s :I 1 I 9 I � I f �2 i e � I �I I- _I I I � I sw I O es° J rao i L> a l Mg it Z 3 > I - -- -- I — — — — , �.1 y . a 1i..'r�� 1j' It' ae�' 1 ��' a.= ( Jee_�8 _- exa °�j�e�e3e I or I E I a ^eels" 1 G rao i L> a l Mg it Z 3 > I - -- -- I — — — — , R-�' y . a 1i..'r�� 1j' It' ae�' 1 ��' a.= ( Jee_�8 _- :'Redo °�j�e�e3e ^eels" 1 G IBM Mill e M1gy. �Yp e M1 If IEEE - o 9 `$ cy bE E rao i L> a l Mg it Z 3 > I - -- -- I — — — — , ,k- }Iso:eac ^' si:a �xa•e•E.�xelg:^ R-�' � a 1i..'r�� 1j' It' ae�' 1 ��' a.= ( Jee_�8 _- :'Redo °�j�e�e3e ^eels" 1 G ,k- }Iso:eac ^' si:a �xa•e•E.�xelg:^ rr d $ IBM Mill If IEEE rr d $ 91 Hibiscus RPUD Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation and/or Trust if the property is awned by a CORPORATION list the officers and stockholders and the percentage of stock owned by each: Nassif Golf Ventures, LLC 225 Banyan Boulevard, Suite 240 Naples, Florida 34102 Officers /Stockholders Percentage of Ownership/Stock of a� r Page 1 of 1 FOR PETITION NUMBERS(S) PL2015000xxxx HiNscus RPUD 1 David Nassif (print name), as Managing member (title, if applicable) of NasslfcohVeniures,LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerM applicant =contract purchaserEland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced properly as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q. Grady Minor and Assoc., P.A. and Coleman, Yovangvich and Koester, P A. Jo act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation., then it is usually executed by the core- Ares. or v. pres_ b If the applicant is a Limited Liability Company (L.L.C_) or Limited Company (L.C_), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the -general partner" of the named partnership. • if the applicant is a trust, then they most include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Finder phktalties of perjury, I declare that l have read the foregoing Affidavit of Authorization and that the facts stated ' it are true i l I Si na late STATE OF FLORIDA COUNTY OF COLLIER The foregoing i strument was aworn to (or affirmed) and subscribed before me an f � (date) by ?l, ?ff ;/ ✓ r (name of person providing oath or affirmation), as who is personally known-to me or who has produced (type of identification) as identification. -' _ _ _._..) E STAMP/SEAL Signature of Nci#ia 4'ylic `. DAWN JERULLE Notary Public - State of Florida z` Ely Comm. Expires Sep 23, 2016 Commission 0 FF 164105 CP \os- CaA- oaiis\iss REV 3/24114 coter county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 ADDRESSING CHECKLIST - Please complete the following and email to GMD— Addressing @colliergov.net or fax to the Operations Division at 239 - 252 -5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre - application meetinq please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival /Circus Permit ❑ SDPI (insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) OTHER PUD and Small -Scale Plan Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Hibiscus Golf Course Lots 1, 2 and Tract R - S20, T50S, R26E FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 49706500043,49706500140 and 49706500027 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project /site in relation to nearest public road right - of -way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Hibiscus °°i in and-Kit ., PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) t SITE DEVELOPMENT PLAN NUMBER (forexistingprojects /sites only) SDP - or AR or PL # ............. Collier County Property Appraiser Property Summary Parcel No. 49706500140 Site Adr.i, 5205 RATTLESNAKE HAMM RD Name / Address MASSIF GOLF VENTURES LLC ------ --------- - 1225 BANYAN BLVD STE 240 Page 1 of I City NAPLES State I FL ZIP'34102-5156 Market Value $13,685; SOH* & other Exempt. $ 01 Assessed Value $ 13,685 . . ....... ......... ............. Homestead & other Exempt. $01 -------------- Taxable Value $ 13,685 ............. School Taxable Value $13,6853 if all Values shown above equal 0 this parcel was created after the Roll *SOH = "Save Our Homes" exempt value due to cap on assessment increases. http://www.collierappraiser.comlmain—searchlRecorddetail.litml?Map=No&FolioNuar--49706500140 1/9/2014 Collier County Property Appraiser Property Summary Parcel No. 149706500027 Site Adr. '5375 HISSISCUS DR .. . ... .......... . ame Address City .. ..... ... ...... .......... NASSIF GOLF VENTURES LLC ------------------------------ I ............ ... .. I ...... 225 BANYAN BLVD STE 240 NAPLES State FL Zip?, 34102-5156 Page I of 1, Latest Sales History 2013 Certified Tax Roll Not all Sales are listed due to Confidentiality) (Subject to Change) .. . .......... Date Book-Pa qe 1 Amount Land Value $ 100v Improved Value TM $Oi Market Value $ low SOH* & other Exempt. $0. Assessed Value i $ 100: ........... .... .. . ....... 1 i Homestead & other Exempt $ 0 Taxable Value j $ 100 T 2 School Taxable Value i4 $ 100� Tf all Values shown above equal 0 this parcel . ..... was created after the Final Tax Roll *SOH = "Save Our Homes" exempt value due to top on assessment increases. httl)://www.collierappraiser.coinliDaiii—searchlRecorddetail.html?Map—No&FolioNwii=49706500027 1/9/2014 Location Map GradyA/linor Ordinance 2015 -25 GradyMinor SECTION TWO: Effective Date. This Ordinance shall become effective -Y'p0)qfiili.ng with.the Department of State and on ,the .'date that the Growth Management Plan Amendment i Ordinance No. 2015-26 becomes in ective. ......PASSED AND DULY ADOPTED .by super-majority vote of the Board of County Comm'Issio ners of Collier County, Florida this S -day of A j2 K 2015, 1 61 'rf; DWIG - I E R K 41- By `Approve : r r o 6 'form. and legality. j A HC,idi.!Ashton-Cick-o niaging Assistant County attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Attachments-. Exhibit A _ Permitted Uses. Exhibit B - Development Standards Exhibit C - :Master Plan Exhibit D - Legal Description .Exhibit E - List of Deviations Exhibit F - Developer Commitments [14-cp.S-01349/1 154796/1] 88 TIM NANCE., Chairman Hibiscus RPUD "NPU67-PL20140000179 2 of 2 This ordinance flIed. with ::the S Stags' `0 t.. t the da bckn�4agetlie.nt . f that fill do of .. ....._.. 3, Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 5. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted. accessory uses of this PUD as determined by the Board of Zoning Appeals 'or the Hearing Examiner. DEVELOPMENT STANDARDS Exhibit B.sets forth the development standards for land uses within the Hibiscus RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDc in effect as of the date of approval of the SDP or subdivision plat. Hibiscus RPUD PL20140000179 Page 2 of 8 Revised 03/16/2015 W Fw- w Gi d z� N� .w d a V3 z w a Q i v z z Y a ❑ w t a� i 00 I m� J a Q �i f N f Qx ,001 O V4 Z I 2 w .t DORAL CIRCLE , o0 J t � LL 0 1 z i 0. W t i w w z O tyj ma [al w��` �4 z +.— :L z to tt w ca tt C3 � -`" a w ! w jZ a o iti w C 0. U Im I J �t C L T c t ` Y �w F D ee w?�.' ii., a C IFE t 0 Lo CL N 0 ix li ow in °z _ i i D u LO tL' .j 30d 6v 11N3H3SV31 w (0 cc °' cQw 3`JTiidiHtSU .' 0cil ujw� E a� lT'" .I n,,; _ L) J < r. za iQ.- ., a . ¢� F 3z D9 < !s g= M-o t-'t., a� 3: ©� 22 E a. UCL w< < E a, .. . .t DORAL CIRCLE , o0 J t � LL 0 1 z i 0. W t i w w z O tyj a w��` �4 z UJ a -`" a w ! jZ x F w C 0. U Im I .w� p �t 0D0 T c 0 2 U LU (n u. aMa �w p D ZpaLL w Nma ii., a C IFE t a Z Q 0 ix li ow �.pz °z _ i i D u LO tL' .j 30d 6v E <P � z 31008 d"C cQw aU Qd ujw� w F-�.>� �a n,,; _ L) J < r. za C_ xoa tnw4 ¢� 03 W 1 D9 < O g= M-o t-'t., a� 3: I 22 a. UCL w< < E a, .. . z � w w� rra a W.UwQ<� t a �., N W d Q! r t t ; D r s. .t DORAL CIRCLE , o0 J t � LL 0 1 z i 0. W t i w w z O tyj U a h W F z D 0 z W J w h F- 0 I-- Q W Q a w��` �4 z UJ a -`" a w _J . a.. 5 c�j x F w C 0. .w� p 0 z T 0 2 U U. > t p D ZpaLL w 0 ix ow �.pz 01-- a o Q U .. LO � M � co w E <P � F - w � 2. Z w cQw aU Qd ujw� w F-�.>� mFz z _ L) J < r. za U Xd xoa tnw4 ¢� Fez — oa. Q >< g= M-o a UCL w< < ozwIt. c�.c�. a, .. . z � w w� rra a W.UwQ<� CL d Q! r va0 .l ¢c°n gdda s. pg�f $ i t Z1 r CV ri L .EA U a h W F z D 0 z W J w h F- 0 I-- Q W Q EXHIBIT E FOR HIBISCUS RPUD LIST OF DEVIATIONS 1. From LDC Section 4.06.02.0, Landscaping, Buffering, and Vegetation. Retention, which requires a multi - family residential development to provide a 15' wide type 'B' buffer between the residential use and a golf course clubhouse tract to permit the development to install the Type B buffer as if it were adjacent to a lake in order to cluster the required landscaping within the building setback area between the canal and the proposed residential buildings, 2. From LDC Section 3.08M.A.4.d.ii, Environmental Data Requirements, which requires properties that are occupied. by a golf course to provide soil and /or groundwater sampling at the time of first Development Order to permit the soil and /or water quality test to be provided at the time of Site Development Plan or Plat review. 3. From LDC Section 5.06a04.G, Off- premises directional signs, which prohibits off - premises signs in residential districts, to permit two existing signs to remain in the current location at the ...:. . project entrance on each side of Hibiscus Drive and to permit an increase in their square:. footage of approximately 42.5 square feet to 64 square feet for each sign to allow inclusion of:.. signage for the residential dwellings. 4. From LDC Section 4,02.04.1), Standards for Cluster Residential Design, which requires the zero lot fine portion of the dwelling unit to be void of doors or windows where such wall is : contiguous to an adjoining lot line, to allow windows along portions of the principal' building that is on the zero setback line. Hibiscus RPUD PL201 40000 1 79 Page.6 of 8 Revised 03%16/2015 1 ?t =: a 'C - e. If a left -out median opening is permitted from Hibiscus Drive, the owner shall be responsible i for costs associated with median improvements for the left out configuration. The County, in its sole discretion, reserves the right to modify or close any median openings at any time for capacity or safety reasons. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is Nassif Golf. Ventures, l.LC, 225 Banyan Boulevard, Suite 240, Naples, Florida 34102. Should the Managing. Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owners agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. EMERGENCY MANAGEMENT A. The property owner, prior to the issuance of the first residential certificate of occupancy, must develop a continuing hurricane awareness program and hurricane evacuation plan, The hurricane evacuation plan shall address and include at a minimum the following items: 1, Operational procedures for the dissemination of warning and notification of all residents and visitors during the hurricane watch and warning periods. 2. A public awareness program to address vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the location of hurricane shelters and other protective actions which may be specific to the development. 3. Identification of who is responsible for implementing the plan. B. The property owner, prior to the issuance of the first residential certificate of occupancy, shall provide Collier County Emergency Management with funds required to provide 40 evacuation shelter cots, inclusive of 2 cots required for persons with special needs, Hibiscus RPUD PL20140000179 Page 8 of 8 Revised 03/16/2015 0A0 Affidavit of Compliance GradyMinor GradyMinor Civil Engineers a Land Surveyors o 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. 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Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich of Coleman, Yovanovich and Koester, PA., 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. F 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 5. y � ^� � _ -�•r� -L '' -� - .iS � I PROJECT t�__... N .- __.. ....... F 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIPT OF THE HIBISCUS RPUDA AND GMPA NEIGHBORHOOD INFORMATION MEETING December 9, 2015 5:35 p.m. Appearances: WAYNE ARNOLD RICHARD YOVANOVICH, ESQ. AL MOSCATO DAVID NASSIF SUE FAULKNER NANCY GUNDLACH SHARON UMPENHOUR 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 And as part of that application process, we created some comprehensive plan language that said -- and we have three -story dwelling units. We're proposing to change the word three to four so we can have up to four -story dwelling units on the property. And then in the zoning document, we're changing what was established as the zone height and what we call an actual height of the buildings by five feet each. One went from 45 feet to 50 feet, and the other is 55 -- 50 to 55 feet. And we're also -- we put a restriction on ourselves, limited ourselves to 12 units per building. We'd like to revise that and allow up to 16 units per building. What happened at the time, we originally had applied for and asked for, was it 80 or 84 units, I forget. UNIDENTIFIED MALE VOICE: (Indiscernible). MR. ARNOLD- But through the staff review, the Planning Commission review and ultimately the Board of County Commissioners, they authorized only a maximum of 64 units. And some of that was done on the fly, and I don't think we really thought about the impacts to the number of buildings on the site 5 1 clubhouse and pool, which is consistent with where 2 we originally had identified it on our concept 3 plan. 4 And still working with the architect to come 5 up with what that equates to, but the five feet was 6 necessitated by the way we measured the zoned and 7 actual height, and to look at a -- the four -story 8 product likely will have an elevator core which 9 pushes the need to go a little bit higher on 10 elements of the roof because those are included in 11 your actual height measurement. 12 So the changes we're proposing are, in our -- 13 in our position, minor with regard to the changes, 14 and I'm happy to open it up for any questions you 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: flow many units are 20 there? 21 UNIDENTIFIED MALE VOICE: What is that there? 22 MR. ARNOLD: We have 64 units total and that's 23 our detention area. 24 UNIDENTIFIED MALE VOICE: So I'm going to have 25 a big pond behind me. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 25 7 on the east side of the thing, so our building that we're showing here would sit somewhere in this vicinity. UNIDENTIFIED FEMALE VOICE: Great. Okay. UNIDENTIFIED FEMALE VOICE: So the bulk of the buildings are going to be across the driveway? MR. ARNOLD: Correct. UNIDENTIFIED FEMALE VOICE: Okay. UNIDENTIFIED FEMALE VOICE: What is it going to be, an adult community, apartments? MR. ARNOLD: Well, market rate straight condominium units. UNIDENTIFIED FEMALE VOICE: Condominiums. MR. ARNOLD: Yeah, we had that discussion, I remember, at the last neighborhood information meeting, whether or not it was going to be age restricted or not, but it's not going to be a 55 and older restricted community. It may turn out to be that's who the buyer profile is, but it's not intended to be an age - restricted community. UNIDENTIFIED FEMALE VOICE: How large are the apartments? How large? Two bedrooms, three? UNIDENTIFIED FEMALE VOICE: Could you guys come up here instead of behind us? 1 2 3 4 5 [7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E UNIDENTIFIED MADE VOICE: These buildings are -- UNIDENTIFIED MALE VOICE: So the only thing -- MR. ARNOLD: Hang on. One at a time, please. UNIDENTIFIED FEMALE VOICE: One at a time. MR. ARNOLD: We're recording the meeting. UNIDENTIFIED MALE VOICE: The only building, then, that is on the east side of the Hibiscus Drive is that one building, then, to the right? UNIDENTIFIED MALE VOICE: Correct. UNIDENTIFIED MALE VOICE: Okay. And how is that going to be facing? Is that facing Rattlesnake Hammock? UNIDENTIFIED MALE VOICE: It's actually the the -- how do you call the front of the building? The entry to the building will be on the Rattlesnake Hammock side. The balcony from the units will face the golf course. UNIDENTIFIED FEMALE VOICE: The golf course, which makes sense. UNIDENTIFIED FEMALE VOICE: And is that parking in front that I can see lightly? UNIDENTIFIED MALE VOICE: Yes. MR. ARNOLD: That's correct. This is all parking and driveway. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 MR. ARNOLD: Well, I think we went through this at the last neighborhood meeting and at the Planning Commission. I think your zoning actually allows you to go higher than the three stories that you were built, and I think part of that analysis was that some of the other zoning to our west and east allows higher -- higher units -- higher -- taller units than had been constructed. But I think, in reality, we're going back and adding five feet to the height of this. We had made provisions -- I mean, you're talking about, you know, shoulder height to me of the additional height we're asking. UNIDENTIFIED MALE VOICE: Oh, oh. UNIDENTIFIED MAZE VOICE: Yeah. We're not adding a story of height. UNIDENTIFIED MALE VOICE: I misread the letter. MR. ARNOLD: Well, we're adding a story, because the comprehensive plan language that got adopted said that the maximum height should be three stories. Our zoning document made provisions for 45 feet and 50 feet, but when we're looking at the four -story product, we're about five feet short in being able to make that work. So that's why we 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 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. g UNIDENTIFIED FEMALE VOICE: It is. g 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 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? 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 UNIDENTIFIED FEMALE VOICE: And not put enough money in your reserve (indiscernible) when you sell them. UNIDENTIFIED MALE VOICE: (Indiscernible.) (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: No. UNIDENTIFIED FEMALE VOICE: We know how it is. UNIDENTIFIED FEMALE VOICE: Assume that you've been approved -- UNIDENTIFIED FEMALE VOICE: Been down this road. MR. ARNOLD: One at a time, please. UNIDENTIFIED MALE VOICE: What? UNIDENTIFIED FEMALE VOICE: Been down this road. UNIDENTIFIED MALE VOICE: No. These will be nice units. We are here. We're not going anywhere. UNIDENTIFIED FEMALE VOICE: Low condo fees, sure. UNIDENTIFIED MALE VOICE: Well, they will be what it is. UNIDENTIFIED FEMALE VOICE: Small reserves. MR. ARNOLD: Yes, ma'am? UNIDENTIFIED FEMALE VOICE: Assuming that you 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 -- g 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 10 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 1 2 3 4 5 7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 traffic finally hits Rattlesnake? Anything? UNIDENTIFIED FEMALE VOICE: I'm not aware of anything for a traffic light. UNIDENTIFIED FEMALE VOICE: I think they mentioned at the planning meeting that they were going to ask the traffic engineers. The problem with Rattlesnake Hammock is there isn't anything else they can do. So, I think they were going to look to the -- to the department -- what -- UNIDENTIFIED FEMALE VOICE: Transportation? UNIDENTIFIED FEMALE VOICE: Transportation, to see if there was anything that could be done, but I don't think there was much hope held out for that. MR_ ARNOLD: Yeah, they were T was going to say they were either retaining a consultant or they were going to do it internally, but they were trying to get a better handle on the volumes of traffic that are on the roadway today and the capacity, and then look at what they could do downstream of either traffic signal or do they need other median openings. What can they do to help_ But the county's objective is to make traffic move_ UNIDENTIFIED FEMALE VOICE: Right. UNIDENTIFIED MALE VOICE: They don't really 1 2 3 4 5 6 7 N 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 25 incorrect, and the county has since corrected those numbers. UNIDENTIFIED MALE VOICE: What I see, I see a parking lot full of golfers over here, okay? And then I see 65 --- 64 units? MR. ARNOLD: 64. UNIDENTIFIED MALE VOICE: Everyone has one car, at least one car. So that's -- MR. ARNOLD: But the peak hours -- they base it on peak hour, and peak hour for residential is different than peak hour for golf course when the county looks at traffic. So that's why they concluded we didn't have a problem with the 64 units. UNIDENTIFIED MALE VOICE: Well, I don't know what time the golf course opens up, 9:00? I don't play golf, so I don't -- UNIDENTIFIED FEMALE VOICE: Seven. UNIDENTIFIED MALE VOICE: Seven? Well ", that's just right during the rush hour, then, people pulling in. That's when people pulling in there, you know, they get in -- MR. ARNOLD: I think the county is comfortable with our traffic impacts and that we've mitigated for them through a reduction in traffic.and paying 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 debated previously, and I think everybody was comfortable knowing that that's (indiscernible). UNIDENTIFIED MALE VOICE: Who's comfortable with that? MR. ARNOLD: The county. (Indiscernible). UNIDENTIFIED MALE VOICE: The county? UNIDENTIFIED FEMALE VOICE: (Indiscernible)? UNIDENTIFIED MALE VOICE: The traffic issue, Dan, has essentially been approved. UNIDENTIFIED MALE VOICE: Yes. UNIDENTIFIED FEMALE VOICE: Yes. MR. ARNOLD: Yes. UNIDENTIFIED FEMALE VOICE: Well, I think that's why they reduced the number -- UNIDENTIFIED MALE VOICE: Right. UNIDENTIFIED FEMALE VOICE: -- from 84 to 64 UNIDENTIFIED MALE VOICE: Right. UNIDENTIFIED FEMALE VOICE: -- was to somehow accommodate that traffic. MR. ARNOLD: That's correct. UNIDENTIFIED MALE VOICE: Yep. MR. ARNOLD: And these gentleman -- what's the number, $25,000 or something like that you're required to pay towards the CAT system of some 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 UNIDENTIFIED MALE VOICE: A lake? MR. ARNOLD: That's on the west side of the entrance. UNIDENTIFIED MALE VOICE: (Indiscernible). (Multiple simultaneous speakers.) MR. ARNOLD: I think they occur naturally after time. UNIDENTIFIED MALE VOICE: Oh, yeah, yeah, yeah. I know they fill up (indiscernible) bring them in. I know that. Oh, that sounds good. UNIDENTIFIED FEMALE VOICE: And how many parking units -- parking spaces are you allowing per unit? MR. ARNOLD: It varies, depending on the size of unit, whether or not it's a one bedroom, two bedroom, et cetera, and I don't know their mix to tell you how many parking spaces we're going to have. UNIDENTIFIED MALE VOICE: Right now, the total provided on this plan is 139 spaces. UNIDENTIFIED FEMALE VOICE: 139 spaces and -- UNIDENTIFIED MALE VOICE: And the requirement we have is 128. UNIDENTIFIED FEMALE VOICE: That's more than two. 1 2 3 4 5 6 7 8 9 Ito] 11 12 13 14 15 MR 17 18 19 F.i17 21 22 23 24 25 31 UNIDENTIFIED MALE VOICE: No, no, no, just the people who -- UNIDENTIFIED MALE VOICE: (Indiscernible). MR. ARNOLD: Residents only. UNIDENTIFIED MALE VOICE: Okay. MR. ARNOLD: Anything else from anybody who hasn't had a chance to speak? Anything else? UNIDENTIFIED FEMALE VOICE: Will that be a public clubhouse. UNIDENTIFIED MALE VOICE: No. UNIDENTIFIED FEMALE VOICE: Or just exclusively for -- UNIDENTIFIED FEMALE VOICE: Just residents. UNIDENTIFIED MALE VOICE: Just for the condos. UNIDENTIFIED FEMALE VOICE: Just for the residents of the condos? UNIDENTIFIED MALE VOICE: Correct. Yeah. MR. ARNOLD: Sue, Nancy, anything else? UNIDENTIFIED FEMALE VOICE: No. UNIDENTIFIED FEMALE VOICE: No. MR. ARNOLD: Are we ready to close it down? All right. Thanks for coming, everybody and -- UNIDENTIFIED FEMALE VOICE: Thank you. MR. ARNOLD: -- appreciate it. (Recording concluded.) Affidavit of Posting Notice GradyNlinor