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Ordinance 2016-26 ORDINANCE NO. 16- 26 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2014-34, THE RMC-ENCLAVE RESIDENTIAL PLANNED UNIT DEVELOPMENT, AND AMENDING ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 12.17± ACRES OF LAND ZONED COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) KNOWN AS THE GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT KNOWN AS THE RMC-ENCLAVE RPUD; BY ADDING 48 RESIDENTIAL DWELLING UNITS FOR A TOTAL OF 162 RESIDENTIAL DWELLING UNITS OR BY ADDING 150 GROUP HOUSING UNITS FOR A TOTAL OF 500 GROUP HOUSING UNITS; BY AMENDING THE MASTER PLAN; BY REPEALING ORDINANCE NO. 11-18, THE GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST QUADRANT OF LEARNING LANE AND LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 40.55±ACRES. [PUDZ-PL201500016131 WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc. and John Passidomo, Esquire of Cheffy, Passidomo representing Enclave-Livingston, LLC, petitioned the Board of County Commissioners to amend the RPUD and 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 approximately 12.17± Acres of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida is changed from the Community Facility Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) zoning district, together with the existing RMC-Enclave RPUD, for an 40.55± acre parcel to be known as the RMC-Enclave Residential Planned Unit Development in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. [15-CPS-01496] 76 1 oft RMC-Enclave/PUDZ-PL20150001613 8/18/16 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Repeal of Ordinance 11-18 Ordinance 11-18, The Grace Romanian Baptist Church of Naples Community Facility Planned Unit Development is hereby repealed. SECTION THREE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 13 \day of `jet s l , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BR9CK, CLERK COLLIER COUNTY, FLORIDA By: A1,24241 Deputy Clerk DONNA FIALA, Chairman Attest as to Cairmon. 's signature only. Approved as to form and legality: � . 1(-) , \\6 / Heidi Ashton-Cicko 'alk Managing Assistant County Attorney Attachment: Exhibit A—List of Permitted Uses Exhibit B —Development Standards Exhibit C —Master Plan Exhibit D - Legal Description Exhibit E— List of Deviations Exhibit F— List of Owner Commitments T"a.; re:''r1.. .7^':.?'? 4i'.,-,(3, with ±,- ntOj,N~ L i _ _r //0 [15-CPS-01496] 76 2 of 2 RMC-Enclave/PUDZ-PL20150001613 Cmpuiy cso:4 8/18/16 EXHIBIT A FOR RMC- ENCLAVE RPUD Regulations for development of the RMC - Enclave 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 development intensity of 114162 residential dwelling units, which equates to a maximum of 4 du/ac, or 3-58500 units of group housing for seniors shall be permitted within the RPUD. The FAR shall govern group housing units. 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: MIXED USE: A. Principal Uses: 1. Group housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities at an FAR of up to 0 60.55 (See Exhibit A Item C, Operational Requirements for Group Housing and Exhibit E, Deviation #1); or 2. Residential Dwelling Units a. Single Family Residential, including detached, attached, zero lot line, two family and duplex; b. Townhouse; c. Multi-family Residential; 3. Any other use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals (BZA)or the hearing examiner. B. Accessory Uses: 1. Garages and/or carports 2. Guardhouses, gatehouses, and access control structures. 3. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 4. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 5. Accessory uses and structures customarily associated with uses permitted in this RPUD, including recreational facilities, such as swimming pool, clubhouse, fitness center and maintenance facilities. Community-wide recreation facilities shall be Words underlined are additions;words struelc-through are deletions RMC-Enclave RPUD 2015 Amendment Page 1 of 11 05/31/2016 ` . required to provide a 15-foot wide buffer with 6-foot high wall where adjacent to the northern perimeter of the PUD. A minimum 30-foot setback for the structure shall be required from the northern PUD perimeter and from residential lots. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this RPUD, as determined by the Board of Zoning Appeals (BZA)or the hearing examiner. C. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. PRESERVE A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation areas. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. Words underlined are additions;words plc though are deletions RMC-Enclave RPUD 2015 Amendment Page 2 of 11 05/31/2016 DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the RPUD. 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. Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. Words underlined are additions;words struelc-through are deletions RMC-Enclave RPUD 2015 Amendment Page 3 of 11 05/31/2016 EXHIBIT B FOR RMC- ENCLAVE RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE SINGLE TOWNHOUSE TWO MULTI- GROUP FAMILY FAMILY FAMILY& FAMILY HOUSING DETACHED ZERO LOT DUPLEX LINE PRINCIPAL STRUCTURES' - Minimum Lot Area 5,000 SF 4,000 SF 1,600 SF 1,600 SF 10,000 SF N/A Minimum Lot Width 50 feet 40 feet 16 feet 16 feet 100 feet N/A Minimum Lot Depth 100 feet 100 feet 100 feet 100 feet N/A N/A Minimum Front Yard Setback(I) 20 feet°) 20 feet 20 feet 20 feet 20 feet 20 feet Minimum Side Yard Setback 6 feet 0/6 feet(2) 0 feet 0 or 6 feet 15 feet 15 feet Minimum Rear Yard Setback(5) 15 feet 15 feet 15 feet 15 feet 20 feet 20 feet Maximum Building Height Zoned 30 feet 30 feet 30 feet 30 feet 40 feet 65 feet(3) Actual 40 feet 40 feet 40 feet 40 feet 50 feet 75 feet Minimum Distance Between N/A 12 feet 12 feet 12 feet 20 feet or 20 feet or 1/2 Structures 1/2 BH BH Minimum Floor Area 1,250 SF 1,250 SF 1,250 SF 1,250 SF 1,000 SF N/A Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES( Minimum Front Yard Setbackt1 20 feet 20 feet 20 feet 20 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet(2) 0 feet(2) 0 feet(2) 15 feet 15 feet Minimum Rear Yard Setback(5) 10 feet 10 feet 10 feet 10 feet 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Distance Between Structures 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height Zoned 25 feet 25 feet 25 feet 25 feet 35 feet 35 feet Actual 30 feet 30 feet 30 feet 30 feet 45 feet 45 feet BH: Building Height (1) Measured to edge of pavement or back of curb(single family front entry garages shall have 23' front setback). (2)Must be at least 12 feet between structures. (3)Any building exceeding a zoned height of 50 feet shall have a minimum setback of 50 feet from the PUD boundary and a minimum setback of 200 feet from Livingston Road and Learning Lane. (4) Structures such as gate houses,walls and decorative architectural treatments shall have no setback from property line. (5) Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be 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. 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O • • j1 0 000s W ' .---. I I W CC 0 .�. • • • • • • • � I 0 0 „„ `s .�. • • • • • • • • • I• ' 1 O c tr I I J CO 0N Ja=W w0 O ;=WW QU FJfn ZN a zQ x 0 z ww ., oz.- 0 cwi> cii NJ 00q N7 EXHIBIT D FOR RMC- ENCLAVE RPUD LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5152, PAGE 2493, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 13 SOUTH 88°57'15" WEST, A DISTANCE OF 1,743.77 FEET TO THE SOUTHWEST CORNER OF (PARCEL 4) LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4878, PAGE 1799 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID LANDS AND THE EXTENSION THEREOF NORTH 00°12'35" WEST, A DISTANCE OF 1,349.04 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13; THENCE ALONG SAID NORTH LINE NORTH 89°02'31" EAST, A DISTANCE OF 1,117.58 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT AND ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY SOUTHERLY 383.80 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,014.86 FEET, A CENTRAL ANGLE OF 10°54'50", (CHORD BEARING SOUTH 10°35'31" EAST, A DISTANCE OF 383.22 FEET); THENCE SOUTH 73°57'05" WEST, A DISTANCE OF 32.50 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE SOUTHERLY 454.51 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,047.36 FEET, A CENTRAL ANGLE OF 12°43'10", (CHORD BEARING SOUTH 22°24'31" EAST, A DISTANCE OF 453.57 FEET); THENCE SOUTH 00°09'26" EAST, A DISTANCE OF 201.77 FEET; THENCE NORTH 88°58'31" EAST, A DISTANCE OF 124.47 FEET O A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE SOUTHEASTERLY 443.76 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,047.36 FEET, A CENTRAL ANGLE OF 12°25'08", (CHORD BEARING SOUTH 41°34'14" EAST, A DISTANCE OF 442.89 FEET)TO THE POINT OF BEGINNING. CONTAINING 40.55 ACRES, MORE OR LESS. (AS SURVEYED) A PORTION OF TIIE SOUTHEA;' • r - r • •r . r r _ - • SOUTH, RANGE 25 EAST, COLLIER COUN'T'Y, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT' THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF FLORIDA; THENCE AI.,ONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION S 88` 57' 15" , A DISTANCE OF 663.15 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE AI.ONC ! _ " : QUARTER, N 00° 12' 35" W, A DISTANCE OF 1349.04 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAS r THENCE ALONG THE NORTH LINE OF SAID SOIITHEAST QUARTER, N 89° 02' 31" E, A-DISTANCE OF-1117._58 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10° 51' 50",A RADIUS OF 2014.86 FEET, A CHORD BEARING AND DISTANCE OF S 10°35' 31" E, 383.22 FEET; THE SAME BEING A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN r ' • D,' . • . . r r • r , - . • 9 . : r . . _ r 'ING THREE(3)COURSES AND DISTANCES: I. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT-, AN ARC DISTANCE OF 383.80 FEET TO THE END OF SAID CURVE; Words underlined are additions;words struck ough are deletions RMC-Enclave RPUD 2015 Amendment Page 6 of 11 05/31/2016 DISTANCE OF S 20° 18'44" E,304.42 FEET; 3. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE I..,EFT, AN ARC DISTANCE OF 301.70 DESCRIBED IN OFFICIAL RECORDS BOOK 4544, PAGE 561 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID NORTH LINE S 88`' 59' 06" W, A DISTANCE OF 596.51 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE RUN ALONG THE WEST LINE OF SAID I.,ANDS S 00° 10' 38" E, A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING CONTAINING 28.38 ACRES MORE OR LESS. PARCEL 2(WEST ONE HALF) THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST I'4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 'IS SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,- PARCEL LORIDA-PARCEL ID: 00151360000 PARCEL 3: THE NO' . • .. • • . A *P • , ' •- , • R • R?N€- 25 EAST,COI..,I.,IER.COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE NORTHEAST I/4 OF TIlE SOUTHEAST 1/4 OF THE NORTHWEST I;'4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE EAST 1'2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/I OF SECTION 13,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL ID:00148520002 PARC E L 4: HE WEST 1/2 OF THE SOUTHWEST 1.4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/1 OF SECTION 13, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL.,ID:00151140616 PARCEL 5(WEST ONE HALF): T1 - OF SECTION 13.TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY. FLORIDA. PARCEL I: SOUTH, RANGE 25 EAST, SITUATED AND LYING 1N COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: ' ! D LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Words underlined are additions;words struelf-through are deletions RMC—Enclave RPUD 2015 Amendment Page 7 of 11 05/31/2016 COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA; THENCE RUN SOUTH 88-DEGREES 20 MINUTES 15 SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SMD SECTION 13, FOR A DISTANCE OF 2650.16 FEET TO THE ` ,_ r • . • _• • • •• HE EAST LINE OF THE SOUTHWEST QUARTER OF SAID QUARTER OF SAID SECTION 13; THENCE CONTINUE NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 673.46 HEREIN DESCRIBED; THENCE RUN SOUTH 88 DEGREES 32 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 66.87 FEET TO A PO ` ► A r r CONCAVE NC: ► - • r . _ `, • • z • r • P . - - r 9.: EAST, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 2047.36 FEET 'THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 38 SECONDS, SUBTENDED BY A CHORD OF 304.42 FEET AT A BEARING OF NORTH 20 DEGREES '16 MINUTES 07 SECONDS WEST, FOR A DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE; , POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST, A DISTANCE OF 201486 FEET THEREFROM; THENCE RUN 383.19 FEET AT A BEARING OF NORTH 11 DEGREES 02 MINUTES 55 SECONDS WEST, FOR A DISTANCE OF 383.77 FEET TO--A- POINT ON THE NORTH LINE OF THE NORTHEAST Qir r •_ .. • • MINUTES 26 SECONDS EAST,ALONG THE NORTII LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF TILE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 209.92 FEET TO THE NORTHEAST CORNER OF TETE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST • r r 1 - SAID SEC - , r • t 9 - 7P - TH E • r r r r QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 673.46 FEET TO TILE POINT OF BEGINNING. PARCEL 2(EAST ONE HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF FHE NORTH 1/2 OF THE SOUTHEAST I/4 OF THE NORTHWEST I/4 OF SECTION 13,TOWNSHIP 18 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL 5(EAST ONE HAI,F): THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/1 OF Words underlined are additions;words struele-thPeugli are deletions RMC-Enclave RPUD 2015 Amendment Page 8 of 11 05/31/2016 EXHIBIT E FOR RMC- ENCLAVE RPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing for seniors to permit a maximum FAR of 0.655. Words underlined are additions;words struele-through are deletions RMC-Enclave RPUD 2015 Amendment Page 9 of 11 05/31/2016 EXHIBIT F FOR RMC- ENCLAVE RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES The owner will provide a water stub-out at the northern boundary of the project in a location to be approved by the County at time of PPL or SDP, unless waived at that time by the County. 2. ENVIRONMENTAL a. The RPUD shall be required topreserve 25% of native vegetation, 28.0840.25± acres of q g native vegetation exists on-site requiring a minimum preservation of X10.06± acres (28.0840.25 x .25 = X10.06) of native vegetation to be retained. The preservation plans shall meet or exceed the requirements of the LDC. b. A management plan for the project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to gopher tortoises. The management plan shall be submitted prior to development of the first phase of the project. 3. TRANSPORTATION The developer or its successors or assigns shall in good faith attempt to obtain secondary project access to Learning Lane. Prior to approval of the first SDP/Plat for the property, the developer shall in conjunction with Collier County transportation staff apply for Learning Lane access to the Collier County School District. If access is granted by the Collier County School Board, the developer shall construct the secondary project access to Learning Lane concurrent with site development of the property.The project's primary access will be on Livingston Road, which will be aligned with the North Collier Fire Department's Access as shown on the conceptual PUD Master Plan. e• • • • . . : . : -- . . _ . ':. - - Owner/Developer/Successor will construct a secondary full access on Learning Lane at the approximate location shown on the conceptual PUD Master Plan. If the access is approved, then the project will not have a secondary access on Livingston Road. If the access to Learning - . . . . .. r.:. :, - -• aA secondary right-in/out only access on Livingston Road may be approved by Collier County pending further evaluation by staff during SDP review. If a secondary access to Livingston is determined to be necessary, then it will be constructed as a right-in/out access at the approximate location shown on the conceptual PUD Master Plan. All site accesses and ingress turn lanes (if warranted) will be designed and constructed pursuant to the standards set forth by the LDC. Words underlined are additions;words strue/e-thrftugh are deletions RMC-Enclave RPUD 2015 Amendment Page 10 of 11 05/31/2016 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 Enclave — Livingston LLC, 1055 Crosspointe Drive, Naples, Florida 34110. 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. MISCELLANEOUS a. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. b. All other applicable state or federal permits must be obtained before commencement of the development 6. GENERAL This PUD may be developed as either group housing or residential dwelling units, but not both of these principal uses. Words underlined are additions;words struck through are deletions RMC-Enclave RPUD 2015 Amendment Page 11 of 11 05/31/2016 ,6x'64 E 010e =Jr`ur FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 16-26, which was filed in this office on September 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us