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HEX Agenda 01/11/2018AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 11, 2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20170002544 – Livingston Pro Center, LLC requests an insubstantial change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, remove one deviation relating to sidewalks and bike paths, modify the plant material notes on Exhibit “C,” and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of ±13 acres. [Coordinator: Fred Reischl, Principal Planner] B. PETITION NO. PDI-PL20160003482 – Distinctive Residential Development at Livingston, LLC requests an insubstantial change to Ordinance No. 2008-06, as amended, the Pezzettino Di Cielo RPUD, to add two deviations relating to landscape buffers and fence/wall height, to delete one deviation relating to cul de sac length, to modify development standards relating to minimum principal and accessory structure setbacks, to add a new cross section exhibit, and to revise the Master Plan to reconfigure the site layout. The subject property is located on the east side of Livingston Road, approximately one-half mile north of Veterans Memorial Boulevard, in Section 12, Township 48 South, Range 25 East, Collier County, Florida, consisting of ±17.52 acres. [Coordinator: Nancy Gundlach, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A Cot ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION -- ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 11, 2018 SUBJECT: PDI -PL -20170002544; HIWASSE CPUD PROPERTY OWNERIAGENT: Owner/Applicant; Livingston Professional Center, LLC 719 Hickory Road Naples, FL 34108 REQUESTED ACTION: Agent(s): Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 The petitioner requests that the Hearing Examiner approve an insubstantial change to the Hiwasse Commercial Planned Unit Development (CPUD), Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment related to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, remove one deviation relating to sidewalks and bike paths, modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these changes. GEOGRAPHIC LOCATION: The CPUD consists of 13t acres located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSE AND DESCRIPTION OF PROJECT: As described in detail in the narrative statement in Attachment A, the applicant wishes to construct upscale automobile storage and requests insubstantial changes to the CPUD in order to build the desired product by reducing the front yard setback, adding two new deviation related to landscaping and buffering and by removing one deviation related to multi -use pathways. PDI-PL20170002544 Hiwasse CPUD Page 1 of 9 Revised December 20, 2017 Location Map Petition Number: PL201 70002544 Zoning Map SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the proposed buildings on the subject property: North: Multi -family residences (The Related Group PUD); maximum density: 7DUTA East: Livingston Road ROW, across from which are single family residences (Brynwood Preserve PUD); maximum density: 7DUTA South: Eatonwood Lane ROW, across from which is a developed tract of the Kensington Park PUD, currently being used for agriculture; maximum density: 1.6 DU/A West: Single family residences within the Kensington Park PUD; maximum density: 1.6 DUTA STAFF ANALYSIS: The PUD is located on a narrow parcel, abutting Kensington Park PUD, a residential development, and therefore the development area is constrained. As a result of the development footprint constraints, the petitioner is seeking deviations to relieve the PUD of buffer, bike path and setback PCI-PL20170002544 Hiwasse CPU❑ Page 3 of 9 Revised December 20, 2017 requirements in order to maximize use of the narrow parcel in order to accommodate developing the proposed storage facility. Easements on this PUD have been recorded, and as a result the petitioner has updated the PUD's Exhibit A-1, to reflect the recorded County Utility Easement and FP&L Easement more accurately. The easement recordings are included in Attachment F. One of the changes proposed is to include easements in the 25 -foot required Type D buffer along Livingston Road, whereas the way the PUD is currently written, easements are not addressed. The petitioner is also seeking to reduce the setback by one foot along Eatonwood Lane. Changes also include the granting of an easement to the county for a bike path/sidewalk proposed to be constructed by the County on the south side of the development; and granting of a utility easement for utilization by the County. Staff has no objection to the requested changes, because of the site constraints such as the FP&L easement to the West, the County's required multi -use pathway to the South, and also the size of the building the developer is proposing. Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Hiwasse CPUD, it is consistent with the FLUE of the GMP Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD Documents. There is no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents, and issues have been resolved. Public Facilities Element: The applicant and staff are working on language agreeable to both (to be discussed at the public hearing). PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of the substantial change criteria in LDC subsection 10.02.13 E.I. The criteria and response to each criterion are listed below as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? PDI-PL20170002544 Hiwasse CPUD Page 4 of 9 Revised December 20, 2017 No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of S% of the total acreage previously designated as such, or five acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, there are no changes in areas of land use. e. Is there 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, there are no impacts resulting from this amendment. f. Will the change 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? The proposed amendment does not change land uses and, therefore would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications 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 elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? PDI-PL20170002544 Hiwasse CPUD Page 5 of 9 Revised December 20, 2017 No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Conservation and Coastal Management Element (CCME) or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10. 02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impacts) any consideration deemed to be a substantial modification as described under Section(s)10.02.13 E. ? Based upon the analysis provided above, the proposed change is not deemed substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings for the original application, which is summarized below. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The original PUD Findings and Rezone Findings are attached as Exhibit "A" and Exhibit "B". DEVIATION DISCUSSION: The petitioner is seeking two deviations from the requirements of the LDC. The deviation is quoted directly from the PUD Ordinance proposed below and is followed by the petitioner's justification and staff analysis. PDI-PL20170002544 Hiwasse CPUD Page 6 of 9 Revised December 20, 2017 Proposed Deviation A "A deviation from Section 4.06.02 CA, which requires a 10 -foot wide Type "D" landscape buffer along the southern PUD perimeter boundary, abutting Eatonwood Lane, to allow no landscape buffer abutting Eatonwood Lane for a distance of 155' as depicted on Exhibits A and A-1." (The reference attachments are located in staff's Attachment E — Revised PUD Pages.) Petitioner's Justification: Given that 20 feet of the 24 feet available between the south property line and the proposed buildings is or will be encumbered by easements, there will be no room. The northern 15 feet of Eatonwood Lane is developed with a mature buffer that includes a double hedgerow with canopy trees. Staff Analysis and Recommendation: Staff sees no detrimental effect in approving this deviation, since the buffering effect is met by other plantings. Planning and Zoning staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation B "A deviation from Section 4.06.05 C, which requires that all commercial buildings have foundation plantings located adjacent to building entrance(s), primary facades, and/or along facades facing a street, to allow the required building foundation plantings to be located in landscape areas throughout the site." Petitioner's Justification: The proposed buildings will function as automobile garages, with the site generally functioning as vehicular use area. The foundation plantings will be relocated on site, not eliminated. Staff Analysis and Recommendation: Since the plantings will be relocated on site, not eliminated, staff has no objection to the proposed deviation. Planning and Zoning staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please, see Attachment E — Revised PUD Pages, which outlines the Deviations. NEIGHBORHOOD INFORMATION MEETING (NIM)• A NIM was held at the Sugden Theater, Collier County Library Headquarters, 2385 Orange Blossom Drive, Naples, FL 34109 at 5:30 PM on November 15, 2017. Five members of the public attended; no objections were expressed. See Attachment B—NIMSummary. PDI-PL20170002544 Hiwasse CPUD Page 7 of 9 Revised December 20, 2017 COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on December 20, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20170002544 and forward the petition to the Board (BCC) for affirmation. Attachments: A. Application B. NIM Summary C. Rezone Findings 9/14/2404 and PUD Findings D. Easement Valuation E. Revised PUD Pages F. Recorded Utility Easements PDI-PL20170002544 Hiwasse CPDD Page 8 of 9 Revised December 20, 2017 PREPARED BY: f #FIS:�CHL, AICP, PRINCIPAL PLANNER IVISION REVIEWED BY: RAYMOND ELLOWS, ZONING MAMA ER ZONING DIVISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR ZONING DIVISION PDI-PL20170002544 Hiwasse CPUD Revised December 20, 2017 la -d -17 DATE %2. Z 1 D E 11-3(- () DATE Page 9 of 9 Co er COMM COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 2S2-2400 FAX: (239) 2S2-6358 INSUBSTANTIAL CHANGE TO APUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 -2-90 Ch. -3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANTCONTACT INFORMATION Name of Applicant(s): Livingston Professional Center, LLC Address: 719 Hickory Road City: Naples State: FL Zip: 34108 Telephone: 239-254-2000 Cell: NSA Fax: 239-254-20199 E -Mail Address: tomtaylor@hmeng.com Name of Agent: Robert J. Where, FAICP, Vice President, Planning Services Folio #: 00258974001 Section: 13 Twp: 49S Range: 25E Firm: Hole Montes, Inc. Address. 950 Encore Way City: Naples State: FL ZIP: 34110 Telephone: 239-254-2000 Cell: NSA Fax: 239-254-2099 E -Mail Address: bobmulhere@hmeng.com 02/24/2017 Page 1 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieritov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑✓ Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ® 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Q 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) Thomas M. Taylor Managing Member DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Hwasse PUD ORDINANCE NUMBER: 08-34 FOLIO NUMBER(S): 00258974001 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑✓ Yes ❑ No 02/24/2017 Page 2 of 5 t�erCounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov.net (239) 2S2-2400 FAX: (239) 2S2-6358 If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes Q✓ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. 02/24/2017 Page 3 of 5 Ammkc Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.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' insubstantial Change Chapter,3 G.3 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 �++k4 +n nnrh ear+inn Inrmmnlato eathmittale will net ha aerented. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 16 EJ 0 Pre -Application Meeting notes 1 11x Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 ® ❑ Detail of request Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits R PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # x Warranty Deed LK Legal Description X Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner & all parties of corporation 2 Affidavit of Authorization. signed & notarized 2 Completed Addressing Checklist 1 Copy of 8 % in. x 11 in. graphic location map of site 1 x Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ® ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEAKINU MUCtJJ: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 02/24/2017 Page 4 of 5 Co e' County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (2391252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District lResidential Components): Amy Lockheart Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities En ineering: Eric Fey Parks and Recreation: Vicky Ahmad LJ Emergency Management: Dan Summers LJ Naples Airport Authority: Ted Soliday Conservancy of SWFL: Nichole Ryan Other: City of Naples: Robin Singer, Planning Director ED Other: FEE REQUIREMENTS Q PUD Amendment Insubstantial (13131): $1,500.00 ❑ Pre -Application Meeting: $500.00 Estimated legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Flans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 341D4 Agent/Owner Signature Robert J. Where, FAICP, VP Applicant/Owner Name (please print) 7- IZ,2a/—�_ Date 02/24/2017 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) HWASSE POI 1 THOMAS M. TAYLOR (print name), as MANAGING MEMBER (title, If applicable) of WINSTON PROFESSIONAL CENTER, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applica nt =co ntract 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. We/I authorize ROBERT J. MULHERE. FAICR VICE PRESIOENTIHOLE MONTES, INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: ■ If the applicant is a corporation, then it is usually executed by the corp. 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 penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. r Signature ADate THOMAS M. TAYLOR, MANAGING MEMBER LIVINGSTON PROFESSIONAL CENTER, LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on ' 01[� ��Ur� (date) by (name of person providing oath or affirmation), as u who is personally known to me or who has produced (type of identificationyas identification. i STAMPISEAL Signature of Notary Public C1`,0N-('OA-001 1 511 51 REV 3124i 14 STEPHANIE KAROL F Homy Public- State o1 Florida Commission N Ff 939984 INV Ca mm. E><plrea Mar 9, 2420 Owdld thra �1 Ngkx d H(Rsy ASsn- C1`,0N-('OA-001 1 511 51 REV 3124i 14 Narrative and Justification for Deviations Overview: During design of proposed development in the Hiwasse PUD it was discovered that there is an existing County -owned 8 -inch forcemain located on the subject property as much as 20f feet from Livingston Road. This forcemain was installed without obtaining an easement from the property owner. Development plans for two projects have been submitted to Collier. The first, Lock -Up Storage (PL - 20170001705), which is located on the northern portion of the Hiwasse PUD, has been approved. However, after SDP approval, design revisions were required to address an issue related to the requirement for measuring the front yard setback from a 5 -foot wide easement required for compensating right-of-way along Livingston Road. Rather than wait the several months (6-7) necessary to determine and complete the process to address this issue, the developer of Lock -Up Storage, decided that he would re -design the site such that it could then move forward with the approval without delay. The impact on the second proposed development, Naples Motor Condos at Hiwasse (PL -20160002025), which covers the southern portion of the PUD, is significantly greater and cannot be easily resolved by a simple redesign. The issues/impacts are as follows: 1. Providing the County with a permanent easement for the 8 -inch forcemain, in its present location, is not an option. It would have significant impacts on the development and would result in redesign and loss of development area at a substantial cost to the developer(s). Without relief from several PUD and SDP requirements, such redesign would necessitate smaller buildings which would result in significant cost and reduction in the anticipated return. This reduced value is estimated to exceed one million dollars. 2. Relocating the easement requires the developer to grant the following: a. A temporary easement to the County for the existing 8 -inch forcemain encroaching on the property along the Livingston Road frontage. b. A 15 -foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8 -inch forcemain. c. A 20 -foot wide easement within the FPL easement to accommodate both the relocation of the existing 8 -inch forcemain encroaching on the property along the Livingston Road frontage, and a new 24 -inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities, 3. The County would, under any normal circumstances, pay the developer fair market value for such easements. 4. The easements, in the locations required, create several design problems for the developer, as does the requirement to measure the Livingston Road setback from a 12 -foot wide compensating right-of-way easement adjacent to a turn lane that provides no benefit to Hiwasse PUD on a six lane arterial roadway that is not going to be widened to 8 lanes. These include: Page 1 of 5 H:\2001\2001076\WMPDI\Initial\Narrative and Justification for Deviations (7-12-2017).docx a. This turn lane easement was granted by a previous owner to allow for a turn lane to Eatonwood Lane, which provides access to the Kensington Development. It should be noted that the Hiwasse does not have access to Eatonwood and therefore does not receive any benefit from the turn lane, but is significantly impacted by: (1) the requirement to measure the setback from the compensating right-of-way easement adjacent to the turn lane; and (2) the requirement to take stormwater runoff from Eatonwood and treat it within the project's stormwater plan. b. The proposed relocation of the County's 8 -inch forcemain from its present location (on Hiwasse property without an easement 20f feet in from the property line along Livingston Road) to a proposed 20 -foot wide easement that will be located within the FPL easement requires a 15 -foot wide easement to run parallel with Eatonwood Lane to connect the existing forcemain to the proposed relocated forcemain in the FPL easement. The dimension between the proposed southernmost buildings in Hiwasse and the south property line is equal to the required 24 foot setback. Within this 24 -foot setback, in addition to the proposed 15 -foot wide County utility easement, there is also an existing 5 -foot FPL Easement running immediately adjacent to the south property line. The result is that 20 of the 24 feet between the southernmost buildings and the property line is, or will be, encumbered by easements. This leaves no room for the required 10 -foot wide landscape buffer and the required 10 -foot wide easement to allow connection to the proposed bike path/sidewalk easement along the existing FPL service road. In order to ensure that the developer and Collier County are able to address these impacts in an agreed to manner and with the lowest financial/cost impact to both, relief is required from certain PUD and LDC provisions. After several meetings with Growth Management staff and the County attorney's office it was determined most of the County's and the Developer's needs could be addressed via a Developer Agreement but that the setback issue related to the compensating right-of-way could only be addressed via an insubstantial change to the PUD. Obviously then, all issues are addressed in the singular PDI process. Since time is of the essence for the County and the Developer, County staff (Growth Management, Public Utility, and Transportation Engineering) has indicated that they will expedite the review of the PDI application and necessary easement exhibits and agreements. The proposed changes qualify as Insubstantial Changes to the PUD per LDC Section 10.02.13 E.1., in that they do not include any of the following: • A change the boundary of the PUD; or • An increase to the intensity of lands uses or building heights; or • A decrease preservation area; or • A relocation of or change to allowed land uses; or • An increase in traffic generation, change traffic circulation, or impact other public facilities; or • An increase storm water discharges; or • A change that would be incompatible with surrounding land uses; propose a modification inconsistent with the Growth Management Plan. The PUD is not part of a DRI. Page 2 of 5 H:\2001\2001076\WP\PDI\Initial\Narrative and Justification for Deviations (7-12-2017).docx The substantive PUD. changes (excluding removal of specific citations throughout the document), including two new deviations, are as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of the Collier County Land Development Code, or as otherwise provide for in this PUD. Hewevep, aAn enhanced Type `B" buffer will be provided along the western edge of the FPL Easement Area subject to FPL approval. A cross-section of the enhanced buffer area is provided on exhibit "C": Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FPL, stating that the enhanced `B" Buffer area meets with their approval. An enhanced Type B landscaped buffer shall be provide along Livingston Road for the indoor self -storage building constructed in excess of 150 feet in length in a north -south direction as provided in Paragraph 4.17.C. These enhancements shall include trees placed on 20 -foot centers with a double staggered row of palm trees or similar tree types approved by County Planning Staff, 12 and 16 feet in height, to be planted within the 25 -foot wide combined buffer and foundation planting area for the full length of the building. (See also Section 4.17) 5.5 Development Standards C. Minimum yard requirements: 1. Front Yard: 25 feet Livingston Road - 25 feet measured from the property line exclusive of any easements Eatonwood Lane — 24 feet. measured from the property line. 6.2 Transportation Requirements The purpose of this section is to set forth the transportation commitments of the project development. G. The developer, or its successors in interest, shall eenstFuet grant, at no cost to the County, an easement to allow a 10 for wide bike path/sidewalk within the existing FPL easement upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignment for the County's proposed bike path/sidewalk system. The bike 12ath/sidewalk shall be located within the proposed 20 -foot wide Coun1y utility easement. Construction of the bike path/sidewalk as well as installation of any associated landscaping, shall be the responsibility of the Count wide sidem%Wbike path aleng Livingston Read. 6.3 Utility Requirements C. The developer, or its successors in interest shall grant at no cost to the County, a 20 -foot wide easement within the FPL easement to accommodate both the relocation of the existin¢ 8 -inch forcemain encroachingon n the property along the Livingston Road frontage and a new 24 -inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities The County shall include necessary fittings and valve(s) to allow the Developer to connect to the relocated 8 -inch forcemain The Developer shall be responsible for any cost to Page 3 of 5 H:\2001\2001076\WP\PDI\Initial\Narrative and Justification for Deviations (7-12-2017).docx make the connection to the existing 8 -inch forcemain should that occur prior to relocation of that forcemain: however, should the Developer make the connection to the existing forcemain the County shall reimburse or credit the developer for the cost to connect to then make the connection to the relocated 8 -inch forcemain. The Developer. or its successors in interest shall grant at no cost to the County a temporaryeasement to the County for the existing 8 -inch forcemain encroachingon n the property along the Livingston Road frontage. The temporary easement shall expire after the forcemain is relocated by the County. D The developer or its successors in interest. shall grant at no cost to the County. a 15 -foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8 -inch forcemain This easement shall include allowance for County construction of a 10 -foot wide bike path/sidewalk to allow connection to the proposed 10 -foot wide bike path/sidewalk easement within the existing FPL easement as required in Section 6.2.G. of this PUD. 7. DEVIATIONS 1. A deviation from Section 4.06.02.C.4. — T nK e D Buffer - which requires a 10 foot wide Lype "D" perimeter buffer along the southern PUD boundary adjacent to Eatonwood Lane to waive this perimeter landscape buffer. Subsee4ien 6,06.02.A.1 of the LDG to paWsidewalk meeting aeunt), standaMs, er- a 6 &et wide sidewalk and bike path alen pert -bead. 2. A deviation from Section 4.06.05.C. — Building foundation plantings, which requires that all commercial buildings provide building foundation plantings located adjacent to building entrance(s), primary facades and/or along fagades facing a street to allow the required building_ foundation plantings to be to be located in landscape areas throughout the site. Justification: There is no room given that 20 feet of the 24 feet available between the south property and the proposed buildings is or will be encumbered by the existing 5 -foot wide FPL easement and proposed 15 -foot wide County utility easement. It is not appropriate to located plantings within the County's utility easement, and the remaining 4 feet adjacent to the buildings is necessary for access and for maintenance. The northern 15 feet of the Eatonwood Lane is developed with a mature buffer than includes a significant double hedgerow with canopy trees (see photos below). Nearly the entire right turn Iane for Kensington's access to Eatonwood is located on Hiwasse property, without benefit to Hiwasse. Additionally, Hiwasse is treating stromwater from Eatonwood Lane, although Hiwasse has no access to Eatonwood. Considering these factors, and given the multitude of public needs within this 24 foot wide area in with the existing buffer below, the deviation is justified. Page 4 of 5 H:\2001\2001076\WP\PDI\lnitial\Narrative and Justification for Deviations (7-12-2017).docz :ra! NIM Summary Hiwasee PUD (PDI -PL -20170002544) November 15, 2017, 5:30 PM Wednesday, November 15, 2017 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive, Naples, Florida 34109 The NIM was held for the above referenced petition submitted by Robert J. Mulhere, FAICP, Vice President, Planning Service and Business Development of Hole Montes, Inc. The petition is described as follows: An amendment to Ordinance No. 04-20, as amended, to allow for An insubstantial change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, to remove one deviation relating to sidewalks and bike paths, to modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of ±13 acres. Note: This is a summary of the NIM. A recording is also provided. Attendees: On behalf of Applicants: Bob Mulhere, FAICP, Vice President, Planning Services, Hole Montes, Inc. Tom Taylor on behalf of Livingston Professional Center, LLC County Staff: Fred Reischl, AICP, Principal Planner Approximately 5 members of the public attended. Note: 3 members arrived at 5:00 PM and requested a summary of the project as they had another appointment and could not stay. They were residents of Kensington Park. After Mr. Mulhere explained the project and proposed PDI changes and responded to their questions related to access, building height, location of County easements and proposed County 10 foot wide bike path/sidewalk, they left at 5:20 PM expressing no concerns with the proposed changes. At 5:30 PM, Mr. Mulhere started the presentation by introducing himself and County staff. He then explained the NIM process and the process for approval. Mr. Mulhere provided an overview of the project and reviewed the proposed insubstantial changes, including the need to provide for alternative plantings other than Sabal or Washingtonian Palms in the landscape buffer within the HA2001\2001076\WP\PDI\NIM\NIM Summary (11-17-2017).docx FPL easement adjacent to Kensington, as FPL would not approve these type of pants die to height concerns. Since the ability to use alternative plants in this buffer was not part of the previously submitted changes, and the issue only came up a day before the NIM, Mr. Mulhere indicated at the NIM that such flexibility would be requested and that any alternative plants would be approved by both FPL and Collier County. Mr. Mulhere then explained all other requested changes. Two members of the public were in attendance. One was a resident of Kensington one was a resident of Brynwood Preserve (east across Livingston Road). The attendees asked several questions related to the following: • Site access • Lighting • Building height and locations • Hours of operation • Location of pathway • Location of proposed easements • Buffers along birder with Kensington and along Livingston Mr. Mulhere responded to all questions. Having no further questions, the attendees thank Mr. Mulhere. The meeting concluded at yMroximately 5.•25 PM. HA2001\2001076\WP\PDI\NIM\NIM Summary (11-17-2017).docx RUSSELL A. BUDD, CHAIRMAN REZONE FINDINGS PETITION PUD -03 -AR -3561 Agenda item No. 8A September 14, 2004 Page 12 of 71 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 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 subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub -district) on the Future Land Use Map of the Growth Management Plan. This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self -storage uses. Based upon the above analysis, staff concludes the proposed rezone, as revised is consistent with the FLUE. 2. The existing land use pattern. To the North is undeveloped land within the Related Croup PUD. This project is a multi -family residential development with a density of 6.99 units per acre. To the East is Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units and at a density of 5.47 units per acre. To the South is Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. Lastly, lands to the west is the developed single family subdivision within the Kensington Park. PUD that permits 570 dwelling units and 18 -holes of golf. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone to the Hiwasse PUD is of sufficient in size and located within the Livingston Road/Eatonwood Lane Commercial Infill Sub -district that permits the proposed uses. Therefore, the subject petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The Proposed Hiwasse PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT "A„ PUM-M-AR3561. H,*asso PUD Agenda item No. 8A September 14, 2004 Page 13 of 71 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate since the subject site has been reduced in depth due to aright -of -way taking by Collier County and the 235 foot deep FPL easement. As a result, the ability to develop the site for residential uses has been greatly diminished. In addition, the BCC approved the Livingston Road/Eatonwood Lane Commercial Infill Sub -district that permits the proposed uses contained in the PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and buffering provided by the 235 foot deep FPL easement that serves as a buffer between the adjacent residential developments. In addition, the proposed rezone will have no significant impact on any adopted level of service standard. 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. Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. & Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the Hiwasse PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The Hiwasse PUD will not seriously reduce light and air to the adjacent properties. Furthermore, all projects in Collier County are subject to the development standards that are uniqueto the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. PUDZ4MAR•3561, HNVWW PUD Agenda Item No. SA September 14, 2004 Page 14 of 71 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed office uses and self storage uses and applicable development standards including landscaping and architectural standards within this PUD and the LDC are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed PUD will not adversely impact property values. 11. Whether the proposed change will be. a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby should not be affected by the requested zone change in that the project provides a landscape buffer, provides increased setbacks and is consistent with the GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed change will not constitute a grant of special privilege since the proposed PUD complies with the GMP. Consistencywith 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. Due to the right-of-way taking and the 235 foot deep FPL easement, the subject property is no longer suitable for residential uses. rn addition, the project is being developed. in accordance with the existing Future. Land Use Element, which permits the proposed uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The f iwasse PUD complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to fund other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not thei determining factor when evaluating the appropriateness of a rezoning decision. PI OUM,•AR-3561, Kwasao PUD Agenda Item No. SA September 14, 2004 Page 15 of 71 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. The area within the subject site affected by the proposed rezone is currently structured and consistent with the Future Land Use Element to receive such development. 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi -disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PLDZ-03-AR•3561. H!wwse PUD 10 Agenda Item No. 8A September 14, 2004 Page 16 of 71 FINDINGS FOR PUD PUD -03 -AR -3561 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding 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. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Hiwasse PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 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 provide evidence of unified control. The Hiwasse PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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 Hiwasse PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assureharmonious relationships between projects automatically regulates external. relationships. EXHIBrr `B" PUDZG•AR3561, KW=se PUD 11 Agenda Item No. 8A September 14, 2004 Page 17 of 71 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, the Hiwasse PUD will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 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 criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. PUOZ-03 AR•3561, Rv1a- ew PUD 12 rr,�tw4Ml�,r�1l+�Y z is _. .41. MIMfw'`'tiM7 - . -' 1's,�' a Fl � wsw 1 w nzt MOO= rr,�tw4Ml�,r�1l+�Y z is _. .41. MIMfw'`'tiM7 - . -' 1's,�' a Fl � wsw 1 w nzt The Subject Property Parcel No. 00258974001 Site. 112997 LIVINGSTON RD, NAPLES, FL 3410 Name / LIVINGSTON PRO CENTER LL Address 1719 HICKORY City NAPLE State FL Zip 34108-331 Map No. Strap No. Section Township Range Acres *F.stimabed 4A`I � 100 218 13 49 2S 12 .5 04A13 Legal 13 49 25 THAT PORTION OF THE E1/2 OF SEC 13 AS DESC IN O 10S PG 2035, LESS PORTION AS DESC IN OR 5411 PG 399 Utility Easment Descriptions (attached following Pages) Scope of the valuation assignment: This valuation is for a permanent utility easement previously described as 32,952sf or 0.76 acres. No other easements are taken into consideration in this valuation assignment. The utility easement value is not based on a 10 -foot -wide bike path/sidewalk easement. The bike path/side walk (BPSW) will be located within the existing utility easement. The BPSW value will be MOT costs plus easement land value. Definition and Terms: An easement is the right provided to a person or entity to use someone else's property. The property owner usually transfers this right while retaining ownership through execution of an easement document. Utility easements are areas of a property that were defined for use by utility companies when the property was first put on a plat. They are designated for overhead electric, telephone and television lines and underground electric, water, sewer, telephone, and cable lines. A sewer is a pipe that receives wastewater from homes, businesses, etc. and carries it to a wastewater treatment plant. A sewer easement is an area where we have the right to enter, maintain, repair, inspect, improve, renovate and replace facilities including pipes and manholes; and to keep clear access Easement Location: The proposed utility easement will be located within the existing easements and landscape buffer areas. Typically, these areas that are located near the property line and have no use or utility to the owner's property other than their designated use. Cost of Utility Easement Marketing Sales Data: 1. 00288162003 2/14/2017 $2,500,000 sold @ $14.35 sf 2. 00288000000 6/30/2016 $6,675,000 sold @ $13.77 sf 3. 24993500486 5/15/2017 $5,124,000 sold @ $10.69 sf The avg. of the market data is $12.93 say $13.00 sf or $566,280 dollars (land value for easement) Easement Valuation: To educate property owners and right of way professionals, an easement valuation matrix can be used as a general guide to assess the effect an easement may have on the total bundle of rights. In establishing this matrix. the impact the easement has on the use, or utility of the bundle of rights. Considering the easement in place. the matrix should be used as a general guide in looking at the effect an casement may have on the total bundle of rights. EK. SMALL SUBSURFACE EASEMENT Nominal efLect on use and utility EIC: AIR RIGHTS. WATER OR SEWER LINE S &4Wface a air rights that hang midrrW ~ on use & utility EK: CABLE LINES, WATER OR SEWER LINES Location skx+g a P►oPUtY We Wa tion across non usable land arca EX: TELECOMMUNICATIONS, WATER. CABLE LINES Salaromd use by both owner A e rent fiolder FX: PIPELINES, SCENIC EASEMENTS sanre+mpact on "fact use; Ca""MIXIe d trwowegress rights EX: PIPELINES, DRAINAGE EASEMENTS, FLOWAGE EASEArMn Mryw impact an surface use and convelrame of houre uses EX- OVERIiM ELECTRIC, RAILROADS, IWi1"MON CANALS & FLOWAGE Swere Impact an surface use snd Conveyance of iuWre uses The proposed utility easement will have a nominal effect on the use or utility of the owner's property, No other easement(s) will be considered, this utility easement is for access and maintenance along with installation. The direct discount of fee value will be used as a method of obtaining the estimated value of the easement. The matrix indicates the percentage of fee value used in the valuation. This means, establishing a per unit value for the entire parcel then taking a percentage of the fee value. The real estate market research for similar properties as to where the easement is located, indicates that vacant land costs in this market area is $566,280 per acre or $13.00sf. The proposed utility easement is 0.76 acres; the proposed easement will be located subsurface within an existing landscape and utility easement area. Mathematically, 0.76 acre (easement) x $566,280ac (fee value) x 17% (matrix) is $73,163 say $73,200 dollars. (Utility Easement Value) Proposed Bike Path Costs T . Owner shall convey the Property via the Utility Easement ane grant the TCE and the Livingston Utility Easement to District at no cost to the District. unless otherwise stated herein 2 Owner shall grant, at no COSI to Collier County, an easement to allow a 10 -foot wide bike pathlsidewaik generally along the existing FPL seance road and within the Utility Easement upon the request of Collier County The location of the bike Path/sidewalk shall be consistent with the alignments for the Caunty's proposed bike patht'sidewalk system The bike -pattVA4gwalk Shall bb .I=ted wtthtn_lr�e. Ll -M Easement Construction of the hike path/sidewalk. as well as installation of any associated landscaping, shall tie the responsibility of Collier County 3 As set forth in the Utility Easemew. the Owner shall grant, at no cost to ❑rsinct, a 20 -toot wide easement wrtt•tn the FPL easement to aecornmodate both the relocation of the existing 8 -inch force main encroaching on the Property a" the Livingston Road frontage, and a new 24 -inch force main necessary to connect the North and South Regional YJater Reclamation Facilities The Distnct will not credit or reimburse the Owner for connection costs. If the 8' force main is not relocated by the time wastewater service IS needed by Owner, Owner must extend the force main stub -out to the 20' Collier County Utility Easement, and the District will complete the Connection upon relocation of the force main The Owner shall be responsible for any cost to make the connection to the existing 8 -inch force main should that occur pnor to relocation of that force main. Easement size: 10' x 1400' is 14,000sf / 0.32ac Construction costs: $5.27sf x 14,000sf is $73,780 dollars Land Costs: Easement area N/A Total bike path costs: $73,780 dollars. I certify that, to the best of my knowledge and belief: - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no (or the specified) present or prospective interest in the property that is the subject of this report and no (or the specified) personal interest with respect to the parties involved. - I have performed no (or the specified) services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. Roosevelt Leonard, R/W-AC Sr. Review Appraiser Real Property Management 3335 Tamiami Trail East Ste. 101 Naples. FL 34112 Ph: 239 252-2621 11/8/2017 SECTION ONE: AMENDMENTS TO TABLE OF CONTENTSIEXHIBITS PAGE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, A5 AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD The Table of Contents/Exhibits Page, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: TABLE OF CONTENTS Page SECTION I Statement of Compliance...................................................3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control..............................................4 SECTION III Statement of Intent and Project Description ..............................5 SECTION IV General Development Regulations........................................5 SECTION V Permitted Uses and Dimensional Standards for Commercial Development.................................................................13 SECTION VI Development Commitments ..................................... . ........15 EXHIBITS Exhibit A — PUD Master Plan Exhibit A -I — Eatonwood Lane and FPL Easement Interface Exhibit Exhibit C — Landscape Detail & View Elevation/Cross Section Study Exhibit D — Architectural Schematic Page 1 of 5 Words ugh are deleted; words underlined are added. RQ00I12001076\WP1PDi13rd ResubmittaMiwasse PUD (PDI-PL20170002544) (11-28-2017).doox SECTION TWO: AMENDMENTS TO SECTION V, PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD Section V, Permitted Uses and Dimensional Standards for Commercial Development, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS A. Minimum lot area — 20,000 square feet B. Minimum lot width —100 feet C. Minimum yard requirements: I . Front yard_ meet Livingston Road — 25 feet` measured from the property line_ inclusive of any easements. Eatonwood Lane_— 24 feet, measured from the property line 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. Page 2 of 5 Words stfwak thFough are deleted; words underlined are added. HA200I120010761WPTDi13rd Resuhmittah iwasse PUD (PD I-PL20170002544) (11-28-20I7).docx SECTION THREE: AMENDMENTS TO SECTION VI, DEVELOPMENT COMMITMENTS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD Section VI, Development Commitments, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: * * * * * * * * * * 6.2 TRANSPORTATION REQUIREMENTS * * * * * * * * * * * G. The developer, or its successors in interest, shall sefistpdet grant, free and clear of all liens and encumbrances, at no cost to the County, an easement to allow a 10 - foot wide bike path/sidewalk along the existing FPL service road upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. The bike path/sidewalk shall be located as depicted on Exhibit A-1. Construction of the bike path/sidewalk, as well as installation of any associated landscaping, shall be the responsibility of the Count if FPL does not give its pefmissieii to 1@sate the , shall eenstmet the 6 feet wide sidew-aWbike path along Livingston Rea4.- 5.3 UTILITY REQUIREMENTS * * * * * * * * * * * C. The developer, or its successors in interest shall grant, at no cost to the Counjy and free and clear of all liens and encumbrances, a 20 -foot wide county utility easement within the FPL easement to accommodate both the relocation of the existing 8: inch forcemain encroaching on the property along the Livingston Road frontage, and a new 24 -inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities. The developer, or its successors and/or assi s shall grant, at no cost to the Counjy and free and clear of all liens and encumbrances a temporm counly utility easement to the County for the existing 8 -inch forcemain encroaching on the property along the Livingston Road frontage. The temporary__ easement shall terminate one year after the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project,_ whichever comes first. See Exhibit A-1 for graphic illustration of easement locations and dimensions. Page 3 of 5 Words ugh are deleted; words underlined are added. 1- I:1200112001076VP\PDR3rd RLsubmiWHiwasse PUD (PDI-PL.20170002544) (11-28-2017).docx D. The developer, or its successors in interest, shall Grant, at no cost to the County and free and clear of all liens and encumbrances, a 15 -foot wide county utility easement located on the southern portion of the property to provide for connection to the relocated forcemain described in Section 6.3 C. See Exhibit A-1 forgraphic illustration of easement Iocations and dimensions. Page 4 of 5 Words ugh are deleted; words underlined are added. H:12001120010761WPIPDA3rd ResubmiUallHiwasse PUD (PD1-PL20170002544) (l i-28-2017).docx SECTION FOUR: AMENDMENTS TO SECTION VII, DEVIATIONS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD Section VII, Deviations, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse FUD, is hereby amended to read as follows; 7. DEVIATIONS A. A deviation from Section 4.06.02 CA, which requires a I0 -foot wide Type "D" landscape buffer along the southern PUD perimeter boundary, abutting Eatonwood Lane to allow no landscape buffer abutting Eatonwood Lane for a distance of 155' as depicted on Exhibits A and A-1. Subseetien6.06.02.A. 1 „�«�.e eenstpdetiag a 10 feet wide bike pathAidewa4E weeting County StandaMs, Or- a-6 -4-;p-A-;x.4de siikwalk and bike path along Livingston Read. B. A deviation from Section 4.06.05 C, which requires that all commercial buildings have foundation plantings located „adjacent to building entrance(s), primary facades, and/or along facades facing._a street, to allow the required _building foundation plantings to be located in iandsca a areas throughout the site. Page 5 of 5 Words str�uek thFetigk are deleted; words underlined are added. H;12001120010761W"DI13rd ResubmittakEwasse PUD (PDI-PL20170002544) (11-28-2017).docx n ° PUD II u ------= x KENSINGTON PARK m x x ; N DEVELOPED RESIDENTIAL AND GOLF r--- ___________________________. ------ ------ ------------------------------ — —__-_ ________________ YE B" BUFFER 15' �\ EXISTING"B" BUFFER (15')WATER GRAVEL MANAGEMENTROAD - AREA TYPE "D" BUFFER (10') 'REQUIRED 15'C.U.E. 235' .FPL REQUIRED 20'C.U.E. B PUDR I I ;; a , . — =x — _—_ ------------------------------ ----- ----------------=------ ---- ------ --_----_��__---_- . Oil KENSINGTON PARK 1 IIIOx ®. ®.-------.-- ---- -------.---- goy , ,p II , REQUIRED 15'C.U.E.. WATER MANAGEMENT AREA 3n' (MAINTENANCE z BLDG. 1 'a (1oil j NO BUFFER REQUIRED ®(DEVIATION 'A') ii (rl i (155' EAST/WEST) 4kd q;i =4=====-------==--g. -- TYPE "D" BUFFER (15') OR ROPI TYPE "B" BUFFER (15')** _ ____________________________________________________________________ LIVINGSTON ROAD -- I I PUD ZONED: A I ARLINGTON LAKES 1 VACANT 1 ( DEVELOPED RESIDENTIAL 1 I I DEVELOPMENT REGULATIONS: MIN. LOT AREA 20,000 S.F. MIN. LOT WIDTH 100 FEET MAXIMUM HEIGHT 35 FEET MIN. FLOOR AREA 1000 S.F.(GROUND FLOOR) DISTANCE BETWEEN STRUCTURES 15 FEET MIN. OR 1/2 BH ON SAME PARCEL OR 50 FEET MIN. BETWEEN INDOOR STORAGE BUILDINGS MIN. YARD REQUIREMENTS: 8 FRONT YARD LIVINGSTON ROAD — 25 FEET, MEASURED FROM THE PROPERTY UNE, INCLUSIVE OF ANY EASEMENTS. EATONWOOD LANE — 24 FEET, MEASURED FROM THE PROPERTY UNE. B SIDE YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. B REAR YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. PUD BRYNWOOD PRESERVE 1 SINGLE-FAMILY RESIDENTIAL 1 r __] I I L -----THE RELATED GROW - ------------------- i PUD � (LA COSTA APTS. 1 SECONDARY ACCESS TO LA COSTA (PRIMARY ACCESS OFF PINE RIDGE ROAD) ACCESS TO COUNTY / DETENTION ------- TYPE "x f BUFFER D TURN LANE TYPE "D' BUFFER (15') ----------------------------------------------------- iACCESS CLOSED PER COUNTY PUD BALDRR)GE 1 SHOPPING PLAZA 1 0 FPL EASEMENT AREA = 7.55 +/- ACRES (60%+/- of Total Site Area) IM DEVELOPMENT AREA = 4.97 +/- ACRES ( 40% +/_ of Total Site Area ) DOES NOT INCLUDE 0.48+/- ACRES OF TYPE B BUFFER LOCATED WITHIN THE FPL EASEMENT APPROXIMATE TOTAL AREA OF SITE = 12.52 ACRES (100%) NOTES: MAXIMUM BUILDING HEIGHT FOR PROPERTY IS 35'. * THE WATER MANAGEMENT AREAS (6.0 t) MAYBE LOCATED WITHIN THE FPL EASEMENT. ** PLEASE SEE SECTION 4.17c.2 OF THE CPUD ORDINANCE. so 0 60 120 SCALE INFEET SCALE : 1' — 60' 950 Encore Way rc �noacy e _ c.N.N. 03 oe CPUD MASTER PLAN ® .—=7 >/, n� � er NaplBa, FL. 34110 som soa 1076PUD 4065-1 THE HIWASSE CPUD am®D C.N. �rz03 O6 HOLE MONTES P Florin "ce2n�taeof EXHIBIT "A" = EREEI6NAIBa9.a/Ey016 AWrol¢il5onNoAM DATED 11/16/17 2001.076 1 or 1 r:J - ___ ---------- ----- ==—= ------ ------ LIVINGSTON ROAD (PUBLIC) PROPERTY UNE 12'WIDE EXISTING COMPENSATING R.O.W. 15' WIDE TEMPORARY C.U.E. m 25' SETBACK 25' SETBACK .'='"----- ------------------------------------------------------ - ------------------- --------------- —�. irr ----------- -------------------------------------__ _ EXISTING ---------------- ------ ---- -- — ----------------------- --------- ------------------- ------ 1 Ili ---------- ------------ --------------- 1 ----------------------------- ----------- I j ----- I; II I j II 54' 54' 15' WIDE L.B.E. 54' I 10'WIDE it i iii', ii I I I; I II I II PATHWAY 50' BLDG. 4 �. BLDG. 5 50' BLDG. 6 ! i' NO BUFFE REQUIRED 52' D l (155' E ST/WEST) n 54' REQUIRED 54' i I ' i; ' I n " n I 24 SETBACK j i �� WI 5'DE FPL I' ;' I''., '!' LL------- .I. }i' ------- i EASEMENT iii I C`�y'1 w -------------- n • ;I II. III II I I / W FUTURE COUNTY 8'FORCE MAIN ®REQUIRED 20'WIDE C.U.E. FUTURE COUNTY 24'FORCE MAIN li ;I, II I I J II I I II 1 II O II II l _______ _________________ __________—___— _ __ _ ___ _________—________________________ _—_ ----------------------------------------- -SIDEWALK z FUTURE 10'WIDE ASPHALT \ \ \ REQUIREDz 15 WIDE C.U.E. I it 3 BIKEPATH 20'VdDE STABILIZED 20 WIDE STABIUZE0. 10'WIDE L.B.E. i FPL ACCESS FPL ACCESS \, u; Lu REQUIRED - -- --� II 015'WIDE C.U.E. \ [ I e \___ ___ _______ NOTE p EXACT LOCATIONS OF PROPOSED EASEMENTS AND _ SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS ' P MAY VARY BY MUTUAL AGREEMENT OF COLLIER COUNTY AND THE DEVELOPER. 10'WIDE L.B.E.--� i ® HIWASSE P.U.D. BSO3 Naples,, FL. FL. 34110110 Plwae:(239)254-2000 esflwwrrasg FNa: n2 - EXHIBIT A1 EATONWOOD LANE and FPLHOLE EASEMENT INTERFACE EXHIBIT F1116PI12 4867-01 " . 2001.076 _ 1 1 of 1 ®a° it v IwI z IRI � I I> I IJ I I�I I I I �I � I I II � � I 1 I VW 11 -Am — 4. Altamatiw plantings selected ham FPL'e recommended plant list may be KLY MAP =tilized n place o/ pakna Nthtn the FPL eascmenl. Such cllem 0— tings Moll be apand Char County. HIWASSE INCORPORATED - NAPLES, FLORIDA - EXHIBIT "C" LANDSCAPE DETAIL & VIEW ELEVATION / CROSS SECTION STUDY REV. 6/08 sed 9/28/17 per County Comments Revised 11/28/17 per County Comments INSTR 5453458 OR 5435 PG 3558 RECORDED 9/29/2017 4:08 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $35.50 This Instrument Prepared by and After Recording Return to: Mark H. Muller, Esq, Mark H. Muller, P,A, 5150 Tamiami Trail North, Suite 303 Naples, Florida 34103 UTILITY EASEMENT Attachment F Recorded Utility Easements THIS UTILITY EASEMENT is made and entered into this 22-d day of _S�t�.,df 2017 by LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company, whose mailing address is 719 kI'� ";7�ta es, Florida 34108, and LOCK UP — TAYLOR JV LLC, a Delaware lie se mailing address is c/o A & R Management, Inc., 800 Frontageorthfield Illtno�sas OF COUNTY COMMISS 1�I 5 OF COLLIER C UNT , FLOoRIDA, AS THE GOVERNING BODY O (JqIEIIIi, AIS THE EX -OFFICIO GOVERNING BOARD O, E COLL3 OUN Y WA ER�SEWER DISTRICT, its successors and assigns, why'se t s`s j[rai East, Suite 101, Naples, Florida 34112, as Grantee. �( ; 4 a y � ' 1, 4, + t 1 7 �t WITNESSETH: Th k Jrantor or an onst ratiii-f the sum of ten dollars ($10.00) and other valuable neo, id ration paid by nte$, tl e.�- eipt of which is hereby acknowledged by Grantor, Ali conveys, grants,, ad sells unto Grantee, its successors and assigns, anon- lu q, easement, license, privilege to enter upon and to install, relocate, repair and/or t2e"r se*taintain uxil (s) and utility facilities, and/or portion(s) thereof, in, on, over an4 fQl�O—A-i p� a lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area, but shall not take any dirt or fill material away from said land. Grantor and Grantee are used for singular or plural, as the context allows. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above, provided, however, that this easement shall terminate and be of no further force or effect upon the earlier of: 1) November 1, 2017; or 2) ten (10) days after Grantee has: a) removed that part of the existing sewage force main constructed in the easement area which lies within the south +/- 896 feet of the easement area (the "Removal Area"); and b) has graded the Removal Area to the general elevation it was in before the removal of the existing L012.002 G, OR 5435 PG 3559 sewage force main (collectively, the "Force Main Removal'). By accepting the easement granted herein, Grantee agrees that it shall complete the Force Main Removal at its sole cost and expense by no later than November 1, 2017. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF COLLIER Signed, sealed and delivered in the p ce of LIVINGSTON PROFESSIONAL (seal) CENTER, L.L.C., a Florida limited --- ' ility company Witness #1 -- I' AAA H. 1A MILES, ''r - By:— Printed Name of Witness #1 Thon Taylor, Its Manager 13r I t ))1 ,W_.," W WI eSS #21 _Rbk� ll�laieusoKl`' l Printed Name of Witness #2' . '`! CV The foregoing instrument was aci pled ore me this 29day of S�, 2017, by Thomas M. Taylor, the Manager of Livingston Professional Center, L.L.C., a orida limited liability company, on behalf of the company, who ( ) is personally known to me or ( ) has produced as identification. RORI MORRISON 'rg ¢ MY COMMISSION # GG QO6i66 EXPIRES: August 4 2020 . ••. ;'dd dta.,•• Baled Thru Notary Public UrderOhn -2- LO 12.002 Publ — State of Florida &f' 1&105e&l Printed Name of Notary Public Sir OR 5435 PG 3560 STATE OF ILLINOIS COUNTY OF C00k Signed, sealed and delivered in We ovsence of.- Witness f Witness hV PI L44ill 1 . �(lf'-'� Printed ame of Witness #1 Witness #2 Bg-Ss E-IOA 6A Printed Name of Witness 42 r 2017, by hW a A R Inc., an Illinois corporation, liability company, on behalf produced LOCK UP — TAYLOR . V LLC, (seal) a Delaware limited liability company By: A & R Management, Inc., an Illinois co on, Its Manager 9MM _v i iue: ed'�thi day o I of A & R M ement, of Loc -1 ylr LLC, a Delaware limited whp�rs 4 known to me or ( ) has as identification. ENOTARY FICIAL SEAL No blit State of Ill oi; ANN RIGHTER vo LIC, STATE OF ILLINOISon Expires Sep 20, 2020 Printed Name of otary Public Approved as to form and legality: Jennifer A. Belpedio, As ' t County Attorney -3- L012.002 *** OR 5435 PG 3561 *** EX F-1 I B i ----G ar Aa Rr s,Aaou� MMrsll � S1 �NO�A ' SURVEY UITPLATTED _—� L15- _ _ S. UNE OF THE N.E. am 1/4 OF THE N.E. 1/47 w SEC. 13 -49S -25E ` I S03b8vv G G L3 I u 197.74 L4 SLT I'Oti IK15 13 I N 161.80 APPRAISER PARCEL. S01'24'3110 002UM74001 off? 0 M � O.P. 4105 PG 2035 449.63 „', 1 • � 300' f " L9 N00'19'13'E 449A0 L1O N01'24'31 i 185.21 SOUTH UNE OF THE N00'10''SO'W N.E. 1/4, SEC, 13-495-21E (, ' - — - - L13 NOD'22'471V EATONWOOD LANE PO8 N.E. CORNER OF PARCEL DESCRIBED W - — O.R. 4105 PG. 2035 I EAST UNE 9`� ,-NZ, 1/4, SI RIE O.R. 374 PG. t� " ABBREVIATIONS O.R. OFFICIAL RECORDS BOOK PG, PAGE POB a POINT OF BEGINNING R/W . RIGHT-OF-WAY SEC. SECTION LEGAL DESCRIPTION:- �- A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL (AKA WEST R/W LIANGSTON ROAD) RUN SOO'15'37"E FOR A DISTANCE OF 188.35 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY RUN S03'06'27W FOR A DISTANCE OF 18.35 FEET; THENCE RUN S00'22'47'E FOR A DISTANCE OF 197.74 FEET; THENCE RUN SOO'01'02'E FOR A DISTANCE OF 194.15 FEET; THENCE RUN S00'10'50"E FOR A DISTANCE OF 161.80 FEET; THENCE RUN S01'24'31'W FOR A DISTANCE OF 185.27 FEET; THENCE RUN S00'19'13'W FOR A DISTANCE OF 449.63 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035 (AKA NORTH R/W EATONWOOD LANE); THENCE ALONG SAID SOUTHERLY BOUNDARY RUN S89'50'13W FOR A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY RUN N00'19'13'E FOR A DISTANCE OF 449;90 FEET; THENCE RUN N01'24'31'E FOR A DISTANCE OF 185-21 FEET; THENCE RUN N00'10'50"W FOR A DISTANCE OF 161.62 FEET; THENCE RUN N00'01'02'W FOR A DISTANCE OF 194.12 FEET; THENCE RUN N00'22'47"W FOR A DISTANCE OF 198.15 FEET; THENCE RUN NO3'08'27"E FOR A DISTANCE OF 206.66 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035; THENCE ALONG SAID NORTHERLY BOUNDARY RUN S89'23'53'E FOR A DISTANCE OF 3.94 FEET, TO THE POW OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING 19 890 37 SQUARE FEET , UNE TABLE HOLE MONTES, INC., CERTIFICATE OF AUTHORQATTON NUMBER LB 1772 K ^^ l/tf //4iA^t�%1`V P.S.M. �5s26 BY >Mw . - THOMAS M. MU� STATE OF FLORIDA LINE DIRECildli am L7 900'iS'37 E Ina L2 S03b8vv 1&33 L3 SWW47'E 197.74 L4 SLT I'Oti IK15 13 SOMI 01: 161.80 L8 S01'24'3110 185.27 L7 SWISM31V 449.63 L8 S69'S0'131M 1540 L9 N00'19'13'E 449A0 L1O N01'24'31 i 185.21 1.71 N00'10''SO'W 151.62 L12 N00'OIVV 194.12 L13 NOD'22'471V 198.15 L14 NDYOn7l 206.88 L13 I S89'23'S3i 1 394 LEGAL DESCRIPTION:- �- A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL (AKA WEST R/W LIANGSTON ROAD) RUN SOO'15'37"E FOR A DISTANCE OF 188.35 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY RUN S03'06'27W FOR A DISTANCE OF 18.35 FEET; THENCE RUN S00'22'47'E FOR A DISTANCE OF 197.74 FEET; THENCE RUN SOO'01'02'E FOR A DISTANCE OF 194.15 FEET; THENCE RUN S00'10'50"E FOR A DISTANCE OF 161.80 FEET; THENCE RUN S01'24'31'W FOR A DISTANCE OF 185.27 FEET; THENCE RUN S00'19'13'W FOR A DISTANCE OF 449.63 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035 (AKA NORTH R/W EATONWOOD LANE); THENCE ALONG SAID SOUTHERLY BOUNDARY RUN S89'50'13W FOR A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY RUN N00'19'13'E FOR A DISTANCE OF 449;90 FEET; THENCE RUN N01'24'31'E FOR A DISTANCE OF 185-21 FEET; THENCE RUN N00'10'50"W FOR A DISTANCE OF 161.62 FEET; THENCE RUN N00'01'02'W FOR A DISTANCE OF 194.12 FEET; THENCE RUN N00'22'47"W FOR A DISTANCE OF 198.15 FEET; THENCE RUN NO3'08'27"E FOR A DISTANCE OF 206.66 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035; THENCE ALONG SAID NORTHERLY BOUNDARY RUN S89'23'53'E FOR A DISTANCE OF 3.94 FEET, TO THE POW OF BEGINNING OF THE PARCEL HEREIN DESCRIBED CONTAINING 19 890 37 SQUARE FEET , , plplWlfl7ned by HOLE MONTES, INC., CERTIFICATE OF AUTHORQATTON NUMBER LB 1772 K ^^ l/tf //4iA^t�%1`V P.S.M. �5s26 BY >Mw . - THOMAS M. MU� STATE OF FLORIDA R qy, Tom MwDhY ry Dtt vt.Tm„ T V i, Murphy, 0, ov, ehrne If�RtlNph), Dum 2017.02.r us Due: SOY 701,5 i�a3oeasuv WAAW W. 00L. R.A.K. 15 7 6200 Whtsksy Cmek Dr. F}. trym, FL. 33919 � DFAM - B9 1 , Phone: (239) 98S-1200 HOLE MONTES Florida Cerilfloat* of SKETCH AND LEGAL DESCRIPTION 15600 FLE wilk_ +1yk-ifGF: 13--49S-25E Bomm KOM VA"m Authorization No.1772 _ 2015114 CKAVI INSTR 5453457 OR 5435 PG 3550 RECORDED 9/29/2017 4:08 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $69.50 Western Interconnect — Livingston Pro Livingston Professional Center Tax ID # 00258974001 Accepted by BCC pursuant to Resolution 2010-39 UTILITY EASEMENT THIS EASEMENT, made and between LIVINGSTON PRO company, whose mailing ad n TAYLOR JV LLC, a Dela re R Management, Inc., 80� Fr BOARD OF COUNTY COM GOVERNING BODY Olj C BOARD OF THE COL .t, t assigns, whose mailing 34112-5356, as Grantee. (Wherever used herein the term I heirs, legal representatives, suocessors or �Vhth-(!w day of cEn-rFnRFt , 2017, EI T #I-J:,,,C., a Florida limited liability X19 Hickory Road, Ore FL 34108, and LOCK UP — itted-tail' corn any, ose mailing address is c/o A & ad "o I Id, illi is 0093, as Grantor, to the OUNTY, FLORIDA, AS THE C Ei-OFFICIO GOVERNING IVlff DI TICT, its successors and 3 a i T a� uite 101, Naples, Florida �v and "Grantee" include a rp to is Instrument and their respedive Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or there under, for the purpose of constructing, operating, and OR 5435 PG 3551 maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. �.y FC1N PROFESSIONAL CENTER, Witness #1 (Signature) � _ ( i9 O' L.L: i st la limited (lability company Printed Name of Witness #f 5 oiia I. Ta tor, Its Manager Withbu 02 ( nature) j d� Am; �QI22/San/`� Printed Name of witness #2rt # ®, STATE OF FLORIDA i.J�>' COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me this 61 1 day of J , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Profe stonal Center, L.L.C., a Florida limited liability company, who is personally known to_ me or who has produced as identification. WITNESS my hand and official seal this o- day of.. 19'- 2017. (affix notarial seal) "�""•4' RORI MORRISON z4 = MY COMMISSION # GG 006166 EXPIRES: August 4,2020 Bonded TM, Nomry Public Underwr%ers (SIpatureNof Notary Public) A06 iy%I2 el -SOA) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any), 66 00(ol My Commission Expires: 21412.6 OR 5435 PG 3552 4k --- Witness #1 Signature) V '/ Printed Name of Witness #1 Witness #2 STATE OF ILLINOIS COUNTY OF COOK Ting Utilit & Management, Inc., JV LLC, a Delaware limits produced WITNESS my hand and (affix notarial seal) oF6ICIAL SEAL JUDY ANN RIGHTER NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Sep 20, 2020 Approved as to form and legality: LOCK UP - TAYLOR JV LLC, a Delaware limited liability company By: A & R Management, Inc., an Illinois co tion, Its Manager By: I C (p Na e: - S� Title: wl *brie me this ;�O_ day of 6 h ' of corporation, a n g be alf of Lock Up - Taylor company, wh known to or who has Of (Print Namelof Notary Public) NOTARY PUBLIC SeriallCommission #:(if any) My Commission Expires: n Jennife . Ipedio,s istant County Attorney OR 5435 PG 3553 QCS�RIPTION gage. !—of PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT DR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF ThE NORTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT—OF—WAY OF LIVINGSTON ROAD, THENCE S.00"14'36"E. ALONG SAID WEST RIGHT—OF—WAY, A DISTANCE OF 55.50 FEET; THENCE N.89'22'52'W. DEPARTING SAID RIGHT—OF—WAY, A DISTANCE OF 5.00 FEET; THENCE N.00'I4'35'W.. A DISTANCE OF 55.50 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.89'22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. b 20 (INYEW= IMSPUIY �-40') NOT A SURVEY P.O.B. wrt,, Of rAr MavrteEAsr caa+Irrla OF nx ,N a17A= R[LY1RD.i soar J O AND ' ArE NEST - UWKSF Y RD S2'E 5.00'- r �--�' 1 i 1 6 ) 1 ' VARoei. Na. 4001 1 14 " 9'2752"W SAO'- ,4.. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICASLE PROYISIONS OF CHAPTER 5J-17.05: FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES, �L BARRY YREN FOR FIRM L.B. 642)�-� PROFESSIONAL SU AND MAPPER FLORIDA CERTIFICATE NO. ZG "T 5365 DATE SIGNED: __� �--t�_— NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOP AND MAPPER, Gt'r DO 0 z r� a NOTES. 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT--OF-*AY OF UANGSTON ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEARS 5.00'106'E. 2, THIS SKETCH DOES NOT WAKE ANY REPRESENTATION AS TO ZONNG OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 3. PARCEL CONTAANS 278 SDUARE FEET (O.OD6 ACRES) MORE OR LESS, A. P;0.8. - POINT OF BEGINNING 5. ORB . OFFICIAL RECORDS BOOK a PG - PAGE m19Tr ENpNctratNc. LMC. SKETCH TO ACCOMPANY DESCRIPTION APL STwFbRD COURT SECTION 13. TOWNSHIP 49 SOUTH, RANGE 25 EAST MIw10 39) 4 31312 COLLIER COUNTY, FLORIDA (230 (239) 434-0333X14-3651 ENGINEERING E.R:/842&LS #642 WW13-,7 201MI70p l 13-4Q-25 1 -W r I OF 1 OR 5435 PG 3554 b D 12 '30 60 (INTEN0E0 DISPLAY SCAiE: 11-60') 0 PARCEL No. 527JI003023 KENSINGTON PARK MSTR ASSN INC (OR8 JJ02. PG 2874) 40T A SURVEY I MATItHbNL SHEET 2 S89°51'14"W 15.00' HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE %ND BELIEF, THAT THE LEGAL DESCRIPTION AND 4TTACHED SKETCH WERE PREPARED IN ACCORDANCE KITH THE APPLICABLE PROVISIONS OF CHAPTER W-17,05. FLORIDA ADMINISTRATIVE CODE, PURSUANT '0 CHAPTER 472, FLORIDA STATUTES. IARRY ESYF2EN (FOR E FIRM L.B. 642; 'ROFESSIONAL SURVEYOR AND MAPPER LORIDA CERTIFICATE NO. 5365 'ATE SIGNED: S 4 T (~ !OT VALID WITHOUT THE SIGNATURE AND OWC44AL AISEO SEAL OF A FLORIDA LICENSED SURVEYOR NO MAPPER. 2100 ENGINEERING EXHIBIT eA Piave_.. —o! PARCEL No. 00258974007 LINNGSTON PRO CENTER LLC Q (OR8 4105, PG 2035) _ LINE TABLE O ARING DISTANCE C/) Lt 4d 3 9"W 1 50.98' z a IV .� ; NEST RIW-Of- WAY • (8AWS Of- BEARWOS) 0 L4 04 N00°12'03"E 7.50' S89°51'14"W 25, TNTERSEC77OW O' THE SOUNEAST CORNER CF THE LANDS DESCRWO /N O MAL RECORDS BOOiV 4705, PALE 2055, COLLIER COUNTY, LILWA AND THE NEST RIQLT-OF-WAY OF UWAIGSTLW RD NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEAR'S S.00'08'46"E, 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL 3. PARCEL CONTAINS 32,952 SQUARE FEET (0.76 ACRS) MORE OR LESS. 4. P.Q.B. = POINT OF BEGINNING 5- ORB = OFFICIAL RECORDS BOOK 6. PG = PAGE 7. NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. doHNSUN ENGWE�RWC.. INC. SKETCH TO ACCOMPANY DESCRIPTION 2360 STANFORD COURT SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 COLLIER COUNTY, FLORIDA FAX: 642 334-3661 .S[11ATE pR CT NO, E N0, SC SHEET E.B. /'642 & L.B. /642 D4-13-17 20149700-105 13-49-25 1'=60' I OF 4 OR 5435 PG 3555 0 15 30 60 (INTENDED DISPLAY SCALE: 1'-80') ENGINEERING A4f"&ONES ES 3 EX H I MT x,.6.1_ I MATqiUNE:SHEET 1 NOT VA 'n WITHOUT SHEETS I THROUGH 4 OF JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLMDA 34117 PHONE: (236) 434_0333 FAX; (739) 334-3661 E.B. #642 & L.B. /642 SKETCH TO ACCOMPANY DESCRIPTION SECTION 13, TOWNSHIP 40 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 04_13-17 120149700-1051 13»49-25 1 1'-60' 1 2 OF 4 OR 5435 PG 3556 S89°22'52°E 22.42' SOO°37'08'W 5.56' o .O I r�1t 0 1 30 0 (INTENDED DISPLAY SCALE: r a60') cot � o E- 0 i 0 LLC CD {15 a M a� g. a ui N a z; F �I iAATCHLINE SHEET 2 v .. ''NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. JO2350N ANFORERING, T SKETCH . T ACCOMPANY 49 SOUTH, DESCRIPTIONANG25A APL STANFORD COURT SECTION 13, TOWNSHIP 49 SOIiTH, RANGE 25 EAST NAPLES, FLORIDA 36112 COLDER COUNTY, FLORIDA PHONE: (.39) 434-0333 ENGINEERING F'" 642 134-3661 DATE goEti MO rq c No. SCALE , E.B.r642 1. B. r642 04-13-17 2014.., 1DS 13-48-25 t'=60' 3 OF 4 *** OR 5435 PG 3557 *** DESCRIPTION PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT—OF—WAY OF LIVINGSTON ROAD, THENCE S.89'51'14"W. ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS, A DISTANCE OF 25.97 FEET; THENCE N.00'12'03"E. DEPARTING SAID SOUTH LINE, A DISTANCE OF 7.50 FEET; THENCE S.89'51'14"W., A DISTANCE OF 191.26 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET; THENCE S.44'39'29"W., A DISTANCE OF 50.98 FEET; THENCE 5.00'08'46"E., A DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID DESCRIBED LANDS; THENCE S.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF 15.00 FEET; THENCE N,00`OB'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.4439'29"E., A DISTANCE OF 65,W-F1E — J"EKE N.00'25'57"W., A DISTANCE OF 1,214.92 FEET; THENCE N.43O' �I OF 97.57 FEET TO AN INTERSECTION WITH THE j 7 S CRIBED LANDS; THENCE — S.159'22'52'E. ALONG SA,10',,_I, LINE, A DIST N, `F, 22.42 FEET; THENCE S.00'37'08"W, DEPARTIN¢' I ' NORTH LINE, A DISTA O 5.56 FEET; THENCE S.4434'03"W., A DISTANCE _.94.85. -FEET; THENCE S; O •25' E., A DISTANCE OF 1,301.60 FEET; THE CE 8 4' E —rt BFS CE 0�� 20 .26 FEET TO AN INTERSECTION WITH AD 'iNEST RIG (�,7F LiN OF LI�GStgN ROAD; THENCE 5.00'08'46'E. ALONt SA 7, C}Rki"i"#' t t3F T 1{0 THE POINT OF BEGINNING. t f f ?? / I CONTAINING 32,952 BEARINGS SHOWN 1 - ROAD, WHEREIN SAID (ARE BASED ON THE ST GH f ., WAY OF LIVINGSTON NIGHT—OF—WAY BEARS N. 08'f6"14x' T�F-'` i `NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4. J011NSON ENGINEERING, INC. 2350 sTMFORO COURT DESCRIPTION NAPLES. FLORIDA 34112 PHONE: (239) 434-0333 ENGINEERING FAX: 542 3L.S. #51 DATE PROJc NO, �„g- 54ALE E.B. y642 R L.B. %642 04._13-17 20149700-105 1.3-49-25 1 N/A 4 OF 4 • • • 5✓9 6Y CiOtithty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPi:ICANT GpNTACT IhIORMAYION Name of Applicant(s): Livingston Professional Center, LLC Address.. 719 Hickory Road city. Naples state: Telephone: 239-254-2000 Cell: N/A Fax:, E -Mail Address: tomtaylor@hmeng.com FL Zip: 34108 239-254-20199 Name of Agent: Robert J. Where, FAICP, Vice President, Planning Services Folio #: 00258974001 Section: 13 Twp: 49S Range: 25E Firm: Hole Montes, Inc. Address: 950 Encore Way city: Telephone -254-2000 cell: N/A E -Mail Address: bobmulhere@hmeng.com 02/24/2017 Naples state: FL ZIP: 34110 Fax: 239-254-2099 Pagel of 5 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE'OF INTRES'1` INFORMATION Is the applicant the owner of the subject property? Q Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Q 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) Thomas M. Taylor, Managing Member '..PKTgIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.I. 0 L P-tOPEEiTY INF©RMATIQN PUD NAME: Hiwasse PUD ORDINANCE NUMBER: 06-34 FOLIO NUMBER(S): 00256974001 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? Q Yes ❑ No • 02/24/2017 Page 2 of 5 • • MIML Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net If no, please explain: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Has a public hearing been held on this property within the last year? ❑ Yes 0 No If yes, in whose name? Has any portion of the PUD been []SOLD and/or ❑ DEVELOPED? Are any changes proposed. for the area sold and/or developed? If yes, please describe on an attached separate sheet. 02/24/2017 ❑Yes 0 No Page 3 of 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre Appl cation'Meq ng and Finat Sybmlttal ROqu>Irement Checklist fpr, . Rl7D Insubstantlal C�Iane' - T 1 Ch 0. 3 G 3`af the "A !,n 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 nttnrharl to aarh cartinn_ Incomnlete submittals will not be accented. REQUIREMENTS FOR REVIEW # QF COPIES: REQUIREQ ,:, , `NOS REQUIRED Completed Application (download current form from County website) 16 ❑ Pre -Application Meeting notes 1 X Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 ® ❑ Detail of request Current Master Plan & 1 Reduced Copy ❑ ❑ I El Revised Master Plan & 1 Reduced Copy ❑ ®I ❑ Revised Text and any exhibits X PUD document with changes crossed through & underlined X PUD document as revised with amended Title Page with Ordinance # X Warranty Deed X ❑ Legal Description X Boundary survey, if boundary of original PUD is amended. ❑ ❑ If PUD is platted, include plat book pages X List identifying Owner & all parties of corporation 2 1 ❑ Affidavit of Authorization, signed & notarized 2 © ❑ Completed Addressing; Checklist 1 ® ❑ Copy of 8 % in. x 11 in. graphic location map of site 1 Q Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ Q ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCL55: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 02/24/2017 Page 4 of 5 9 • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey Parks and Recreations Vicky Ahmad Emergency Management: Dan Summers Naples.Airport Authority: Ted Sol day Conservancy of SWFL: Nichole Ryan LJ Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS ❑1 PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 ❑� Estimated .Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set • forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this feels collected prior to hearing. • As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Age /Owner Signature Date Robert J. Where, FAICP, VP Applicant/Owner Name (please print) 02/24/2017 Page 5 of 5 AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) HIINASSEPDI THOMAS M. TAYLOR (print name), as MANAGING MEMBER (title, if applicable) of LIVINSTON PROFESSIONAL CENTER, LLC (company; If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicant =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 ROBERT J. MULHERE, FAICP, VICE PRESIDENT/HOLE MONTES, INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above, *Notes: • if the applicant is a corporation, then it is usually executed by the corp. pros. or v. pries. • 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 penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. Signature THOMAS M. TAYLOR, MANAGING MEMBER LIVINGSTON PROFESSIONAL CENTER, LLC STATE OF FLORIDA COUNTY OF COLLIER —4F ate The foregoing instrument was sworn to (or affirmed) and subscribed before me on ?11D D(? (date) by (name of person providing oath or affirmation), as —t -'t u who is personally known to me or who. has produced (type of identification as identification. STAMP/SEAL Slgnatu a of Notary Public '"'N• STEPHANIE KAROL Notary PuMle • SINe of FWddx • Commluloo 1 FF 93f190 + My comm. Expk" Mar 9, 2no B=Wpxo*N No1uyASM. CPWII-COA-00115\155 REV 3/24/14 Narrative and Justification for Deviations Overview: During design of proposed development in the Hiwasse PUD it was discovered that there is an existing County -owned 8 -inch forcemain located on the subject property as much as 20f feet from Livingston Road. This forcemain was installed without obtaining an easement from the property owner. Development plans for two projects have been submitted to Collier. The first, Lock -Up Storage (PL - 20170001705), which is located on the northern portion of the Hiwasse PUD, has been approved. However, after SDP approval, design revisions were required to address an issue related to the requirement for measuring the front yard setback from a 5 -foot wide easement required for compensating right-of-way along Livingston Road. Rather than wait the several months (6-7) necessary to determine and complete the process to address this issue, the developer of Lock -Up Storage, decided that he would re -design the site such that it could then move forward with the approval without delay. The impact on the second proposed development, Naples Motor Condos at Hiwasse (PL -20160002025), which covers the southern portion of the PUD, is significantly greater and cannot be easily resolved by a simple redesign. The issues/impacts are as follows: 1. Providing the County with a permanent easement for the 8 -inch forcemain, in its present location, is not an option. It would have significant impacts on the development and would result in redesign and loss of development area at a substantial cost to the developer(s). Without relief from several PUD • and SDP requirements, such redesign would necessitate smaller buildings which would result in significant cost and reduction in the anticipated return. This reduced value is estimated to exceed one million dollars. 2. Relocating the easement requires the developer to grant the following: a. A temporary easement to the County for the existing 8 -inch forcemain encroaching on the property along the Livingston Road frontage. b. A 15 -foot wide easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8 -inch forcemain. c. A 20 -foot wide easement within the FPL easement to accommodate both the relocation of the existing 8 -inch forcemain encroaching on the property along the Livingston Road frontage, and a new 24 -inch forcemain necessary to connect the North and South Regional Water Reclamation Facilities. 3. The County would, under any normal circumstances, pay the developer fair market value for such easements. 4. The easements, in the locations required, create several design problems for the developer, as does the requirement to measure the Livingston Road setback from a 12 -foot wide compensating right-of-way easement adjacent to a turn lane that provides no benefit to Hiwasse PUD on a six lane arterial roadway that is not going to be widened to 8 lanes. These include: • Page 1 of 5 H:\2001\2001076\WP\PDPdnitial\Narrative and Justification for Deviations (7-12-2017).docx a. This turn lane easement was granted by a previous owner to allow for a turn lane to Eatonwood • Lane, which provides access to the Kensington Development. It should be noted that the Hiwasse does not have access to Eatonwood and therefore does not receive any benefit from the turn lane, but is significantly impacted by: (1) the requirement to measure the setback from the compensating right-of-way easement adjacent to the turn lane; and (2) the requirement to take stormwater runoff from Eatonwood and treat it within the project's stormwater plan. b. The proposed relocation of the County's 8 -inch forcemain from its present location (on Hiwasse property without an easement 20t feet in from the property line along Livingston Road) to a proposed 20 -foot wide easement that will be located within the FPL easement requires a 15 -foot wide easement to run parallel with Eatonwood Lane to connect the existing forcemain to the proposed relocated forcemain in the FPL easement. The dimension between the proposed southernmost buildings in Hiwasse and the south property line is equal to the required 24 foot setback. Within this 24 -foot setback, in addition to the proposed 15 -foot wide County utility easement, there is also an existing 5 -foot FPL Easement running immediately adjacent to the south property line. The result is that 20 of the 24 feet between the southernmost buildings and the property line is, or will be, encumbered by easements. This leaves no room for the required 10 -foot wide landscape buffer and the required 10 -foot wide easement to allow connection to the proposed bike path/sidewalk easement along the existing FPL service road. In order to ensure that the developer and Collier County are able to address these impacts in an agreed to manner and with the lowest financial/cost impact to both, relief is required from certain PUD and LDC provisions. After several meetings with Growth Management staff and the County attorney's office it was determined most of the County's and the Developer's needs could be addressed via a Developer Agreement but that the setback issue related to the compensating right-of-way could only be addressed via an insubstantial change to the PUD. Obviously then, all issues are addressed in the singular PDI process. Since time is of the essence for the County and the Developer, County staff (Growth Management, Public Utility, and Transportation Engineering) has indicated that they will expedite the review of the PDI application and necessary easement exhibits and agreements. The proposed changes qualify as Insubstantial Changes to the PUD per LDC Section 10.02.13 E.1., in that they do not include any of the following: • A change the boundary of the PUD; or • An increase to the intensity of lands uses or building heights; or • A decrease preservation area; or • A relocation of or change to allowed land uses; or • An increase in traffic generation, change traffic circulation, or impact other public facilities; or • An increase storm water discharges; or • A change that would be incompatible with surrounding land uses; propose a modification inconsistent with the Growth Management Plan. The PUD is not part of a DRI. Page 2 of 5 H:\2001\2001076\WP\PDI\Initia[\Narrative and Justification for Deviations (7-12-2017).docx iThe substantive PUD. changes (excluding removal of specific citations throughout the document), including two new deviations, are as follows: 4.14 LANDSCAPING N1 - landscaping shall be in accordance with the requirements of the Collier County Land Develo ent or as otherwise provide for in this PUD. Hewever,-aAn enhanced Type `B" buffer will be ovided alon he western edge of the FPL Easement Area subject to FPL approval. A cross -se on of the enhanc buffer area is provided on exhibit "C": Landscape View and Detail. At th ime of SDP approval, etter shall be provided from FPL, stating that the enhanced `B" Buffer are meets with their approval. An hanced Type B landscaped buffer shall be provide along Livingsto oad for the indoor self -storage bul 'ng constructed in excess of 150 feet in length in a north -south rection as provided in Paragraph 4.17. . These enhancements shall include trees placed on 20-f t centers with a double staggered row of p trees or similar tree types approved by County P1 ing Staff, 12 and 16 feet in height, to be planted 'thin the 25 -foot wide combined buffer and fou ation planting area for the length of the building. ( also Section 4.17) 5.5 Development Standards C. Minimum yard requireme t� 1. Front Yard_ 25 €eet h Livingston Road - 25 feet sured fro a roe line exclusive of my easements. V �� Eatonwood Lane — 24 feet mea ed om. the propefty line. 6.2 Transportation Requirements The purpose of this section is o set fo the transportation commitments of the project development. G. The developer, or its ccessors in interest, sh eexst-Bet grant, at no cost to the County, an easement to allow 10 for wide bike path/side lk within the existing FPL easement upon request by the C nty. The location of the bike th/sidewalk shall be consistent with the alignment for County's proposed bike path/side lk system. The bike path/sidewalk shall 6.3 connect to the relocated 8 -inch torcemain. The llevelol Page 3 of 5 H:\2001\2001076\WP\PDI\Initial\Narrative and Justification for Deviations (7-12-2017).docx Justification: There is no room given that 20 feet of the 24 feet available between the south property and the proposed buildings is or will be encumbered by the existing 5 -foot wide FPL easement and proposed 15 -foot wide County utility easement. It is not appropriate to located plantings within the County's utility easement, and the remaining 4 feet adjacent to the buildings is necessary for access and for maintenance. The northern 15 feet of the Eatonwood Lane is developed with a mature buffer than includes a significant double hedgerow with canopy trees (see photos below). Nearly the entire right turn lane for Kensington's access to Eatonwood is located on Hiwasse property, without benefit to Hiwasse. Additionally, Hiwasse is treating stromwater from Eatonwood Lane, although Hiwasse has no access to Eatonwood. Considering these factors, and given the multitude of public needs within this 24 foot wide area in with the existing buffer below, the deviation is justified. Page 4 of 5 HA2001\2001076\WP\PDI\Initial\Narrative and Justification for Deviations (7-12-2017).docx • • . `' �- cwt• ��r r - CoT Ye-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliergov.net (239) 252-2400 FAX (239) 252-5724 _ ADDRESSING CHECKLIST Please complete the following and email to GMD—Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than .6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Q OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Section 13, Township 49S, Range 25E See Attached FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 00258974001 STREET ADDRESS or ADDRESSES (as applicab/e,'ifalready 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) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP_- or AR or PL # ORD. NO. 08-34 Ca ler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.co l l iergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX 1239) 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: N. Email ❑ Fax ❑ Personally picked up Applicant Name: Robert J. Mulhere, FAICP, VP. /Stechanie Karol. Permitting Coordinator Phone: Email/Fax: 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 00258974001 Folio Number Folio Number Folio Number Folio Number Folia Number Approved by:_ �a�ii.�•d Updated by: Date: 6/27/2017 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED L Timothy G. Hains, Esq. Quarles & Brady LLP 1385 Panther Lane, #300 NlpM, FL 34109 A7. o Ode), 60 WARRANTY DEED 3901794 OR: 4105 PG: 2035 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL • 09/14/2006 at 11:15AN DWIGHT 1. BROCK, CLERK CONS 4000000,00 RIC FEE MOD DOC -.10 28000.00 Rein: QUARLES & BRADY 1395 PANTHER LANE 1300 NAPLES FL 34109 made n this ll da of September, 2006 between HIWASSE THIS DEED, is a o y p INC.,, FLORIDA CORPORATION (the "Grantor"), and LIVINGSTON PROFESSIONAL CENTER, L.L.C., A FLORIDA LIMITED LIABILITY COMPA 1G( i t' hose post office address is 481 Carica Road, Naples, FL 34108.,�T�,, Grantor, in conside good and valuable consider of which is hereby acknowl heirs, successors and assig Collier County, Florida, to SEE EXHIBIT HEREIN BY F Collier County Tax TEN AND TTACHED 01 10. OLLARS ($10.00) and other by ra ee, the receipt and sufficiency to t e said Grantee and Grantee's o e , situated, lying and being in .TED SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; restrictions, reservations and easements of record common to the subdivision; provided, however, that no one of them shall prevent use of the property for commercial purposes. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. SABrandy Closings Hiwasse st Livingston Professional Center Warranty Deed (Page I of 2) This Instrument Prepared By Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 • 0 • OR, 4105 PG; 2036 IN WITNESS WHEREOF, the undersigned Grantor has, duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered HIWASSE, INC., in the Presence of: A FLORIDA CORPORATION I / Y-1/7 My Commission Expires: Y of Iced :IDA (Notary Seal) 4 INS MR t JOHMIN Md" PVW -o�M �� !Mb d Fkft • CAM It IjJ CWMWWM / DO N lftk MW A NOWd Awe. SABrandy Closings Hiwasse st Livingston Professional Center Warranty Deed (Page 2 of 2) *** OR; 4105 PG; 2037 *** 0 EXHIBIT "A"-- LEGAL DESCRIPTION OF THE PROPERTY A PARCEL OF LAND LOCATED IN THE FAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.0001 5'37"E., ALONG THE EAST -LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE .OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89023'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THEOP INT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER F SAID SECTION 13; THENCE RUN S.00009'47"E., PARALLEL WITHTIN TId F* HE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DIS THE MOST NORTHEASTERLY CORNER OF EATONWOOCY 130.00 FOO OF -WAY, AS THE SAME IS SHOWN ON THE PLATOF{<W NGTON PARK PHAS R -B ACCORDING TO THE PLAT THEREOF RECO E 11f -PLAT- OOK 28 TPA S ND 6 OF THE PUBLIC RECORDS OF COLLIE CO N , F RI T E RU . 8 °50'13"V1f., ALONG THE BOUNDARY OF SAID E -B, OR A DISTANCE OF • T 390.00 FEET; THE E 0° 9 OUNDARY OF SAID KENSINGTON PARK HA HR E- , 0 1 TAC O 73 36 FEET TO A POINT ON THE SOUTH LINE RTE S D' ECTION 13; THENCE RUN N.00015'37"W., A THE BOUNDARY • SAI K GTON PARK PHASE THREE -B, FOR A DIS OF 1150,79 FE H ST NORTHEASTERLY CORNER OF SAID KE TON PARK PHA THENCE CONTINUE N.60015'37"W., ALONG OUNDARY OF KE I ON PARK PHASE 3A ACCORDING TO THE PLA RECOR d T BOOK 26 AT PAGES 51 AND 52 OFTHE PUBLIC RECO S l' , FLORIDA, FORA DISTANCE OF 176.24 FEET TO A POINT ON H OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN 5.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FORA DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. 9/11/2006 - Thomas Murphy SABrandy Closings • Hiwasse st Livingston Professional Center Warranty Deed (Page 3 of 2) 1 r� JUL ORDINANCE NO. 08- 34 AN ORDINANCE OF THE BOARD OF COUNTY < COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-75, THE HIWASSE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION I, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP - SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; SECTION XII, AMENDMENT TO EXHIBIT C, CROSS SECTION STUDY ALSO REFERRED TO AS LANDSCAPE DETAIL AND VIEW ELEVATION; SECTION XIII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC"; AND SECTION )UV, EFFECTIVE DATE. WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04-75, which established the Hiwasse Planned Unit Development (PUD) Zoning District; and WHEREAS, Livingston Professional Center, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to amend the Hiwasse Planned Unit Development (Ordinance Number 0475). Page I of 8 Words underlined are additions; words s4ueIc*ea0 are deletions, Revised 7/1/08 '' • • • • • NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION L• AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD The Cover Page, previously attached to this Ordinance as Exhibit "A" to Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: HIWASSE A Planned Unit Development PREPARED BY: ROBERT L. DUANE, A.I.C.P. RICHARD YOVANOVICH, ESQ. HOLE MONTES, INC. GOODMAN, COLEMAN & 70HNSON 950 ENCORE WAY 4001 TAMIAMI TRAIL N., STE, 300 NAPLES, FLORIDA 34110 NAPLES, FLORIDA 34103 HM Project 2001076 NOVEMBER, 2002 REVISED JUNE 2008 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. 6— 3 Amendments & Repeals 04 -7S 11: SECTION 11 AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD The Table of Contents/Exhibits Page of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: Page 2 of 8 TABLE OF CONTENTS Page SECTIONI Statement of Compliance.............................................................................. 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control........................................................................ 4 SECTION III Statement of Intent and Project Description ................................................. 5 SECTION IV General Development Regulations............................................................... 6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development..............................................................................................13 SECTION VI Development Commitments.......................................................................15 Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail and & View Elevation / Cross Section Study Exhibit D - Architectural Schematic SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 2. 1, entitled "Property Ownership" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The property is owned by tee: Livingston Professional Center, LLC. SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Page 3 of 8 Words underlined are additions; words stmek thrertgh are deletions. Revised 7/1/08 7" - 0 � is • Section 4.14, entitled "Landscaping" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of -r iyisien `'.^ of the Collier County Land Development Code. However, an enhanced Type `B" buffer will be provided along the eastefa western edge of the FPL Easement Area subject to theYY FPL approval. A cross-section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP- FPL, stating that the enhanced "B" Buffer area meets with their approval.. An -enhanced Type B landscaped buffer shall be provided along Livingston Road for the indoor self -storage building constructed in excess of 150 feet in leng1h in a north -south direction as provided in Paragraph 4.17.C. These enhancements shall include trees placed on 20 -foot centers with a double staggered row of palm trees or similar tree types approved by County Planning Staff, 12 and 16 feet in heightato be planted within the 25 -foot wide combined buffer and foundation planting area for the full length of the building; (See also Section 4.17.) • SECTION V: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE MWASSE PUD Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04- 75, the Hiwasse PUD, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS C. Building Design Requirements In addition to the Collier County Land Development Code Division 2.9 requirements, the following is required: 1. Overall building dimension for office and similar uses shall not exceed 150 feet in either direction. 2. Indoor self -storage building dimensions shall not exceed 150 feet in either direction, except that one self -storage building will be allowed with a maximum north -south dimension of 270 feet. If a •self -storage building greater than 150 feet in len tg h in a north - Page 4 of 8 Words underlined are additions; words straek#r-e are deletions. Revised 7/1/08 qh L south direction is constructed, it shall be the only self -storage building_ permitted for the PUD and will be accompanied by the following: al A combined (right-of-way and building foundation buffer) 25 foot wide buffer which includes a 15 foot wide Type B landscape buffer along Livingston Road and the building foundation plantings for the full len of the building. The buffer and building foundation landscaping may _be divided to accommodate the project's drainage outfall pipe located between the building and Livingston Road. hl A projection one story in height on the southern facade of the buildingfacing acingEEatonwood Lane such as but not limited to a covered entrance as depicted on Exhibit D that will not affect the maximum 270 foot allowable building length. c) A minimum 50 foot front yard setback from the south property line (abutting Eatonwood Lane). 2-.3.The architectural style for the subdistrict shall be consistent • throughout and shall be ,established by the initial building design and shall blend with surrounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 5.5 entitled, "Development Standards" of Ordinance Number 04-75, the Iliwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS I. Use of FPL Easement Area — Open space, storm water management, and landscaping buffer, existing FPL access road. bike hath, sidewalk. fire truck access, a portion of the project access road, electric lines with appurtenances, and underground utilities shall be the only allowed uses permitted in the FPL Easement Area. K. Depository Institutions are limited to the northern portion of the PUD only. may enly be developed at sueh fiFae as a tfaffie sipal has been installed at the ftitefseefien ef LaCosta Read and Livingston Read. • Page 5 of 8 Words underlined are additions; words qfFiek-thmgh are deletions. Revised 7/1/08 11"Y"' Y"' • SECTION VII: AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 6.2, "Transportation Requirements" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: E. Shared access is permitted north of the subject property on County - owned property as depicted on the PUD Master Plan;. The access shall be designed to Collier County standards and shall be subject to final approval by the Collier Coun1y Transportation Division. The developer shall be responsible for construction and maintenance of the access road, drainage facilities, landscaping and other related improvements. In the event that the Related Group PUD will not share in the cost of proposed improvements, access shall not be shared. subject t^ an aeeess agrzeement with the pr-epeAy owner- to the nefth. If an aeeess agreement far- shar s then eitly a fight iH right out The access shall also include shared access with the LaCosta Apartments to the • west. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at eithef the permitted access locationprior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier • County Public Right -of - Way Manual and Ordinance 82-91. A non-exclusive five-foot wide_roadwav easement shall be provided for the length of the turn lane. G. The developer, or its successors in interest, shall construct a 10 foot wide bike path/sidewalk along the existing FPL service road upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. If FPL does not give its permission to locate the sidewalk/bike path within its easement, the developer, or its successors in interest shall construct the 6_foot wide sidewalk/bike path along Livingston SECTION VIII: AMENDMENTS TO WATER MANAGEMENT REQUIRMENTS SECTION TO ORDINANCE NUMBER 04-75, THE MWASSE PUD • Section 6.5, Water Management Requirements, of Ordinance Number 04-75, the Hiwasse Page 6of8 Words underlined are additions; words str-Hslthrough are deletions. Revised 7/1/08 41"'*_ PUD, is hereby amended to add a new paragraph to read as follows: D. The developer shall accommodate the stormwater run-off from Eatonwood Lane should there be no drainage easement presently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD Ordinance Number 04-75, the Mwasse PUD, is hereby amended to add a section entitled. "Deviations" to read as follows: 7. DEVIATIONS A deviation from Subsection 6.06.02.A.1 of the LDC to allow improvements to the existing FPL service road by constructing a 10 foot wide bike path/sidewalk meeting County standards, or a 6 foot wide sidewalk and bike path along Livingston Road. • SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04-75, the Hiwasse PUD, are hereby amended to remove any and all references to specific numeric and lettered citations- to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN The "PUD Master Plan," Exhibit "A" of Ordinance Number 04-75, the Hiwasse PUD is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. • Page 7 of 8 Words underlined are additions; words stmek dweugh are deletions. Revised mm 7My4,o_ • • SECTION XII: AMENDMENT TO EXHIBIT C, CROSS-SECTION STUDY ALSO KNOWN AS LANDSCAPE DETAIL AND VIEW ELEVATION Exhibit "C," "Cross Section Study," also referred to as "Landscape Detail and View Elevation" of Ordinance Number 04-75, the Hiwassee PUD, is hereby replaced with a new Exhibit "C" entitled "Landscape Detail & View Elevation / Cross Section Study", attached hereto and incorporated by reference herein. SECTION XIII: AMENDMENT TO ADD A NEW EXHIBIT ENTITLED "ARCHITECTURAL SCHEMATIC" TO THE EXHIBITS ATTACHED TO THE PUD DOCUMENT Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a new Exhibit D entitled "Architectural Schematic," attached hereto and incorporated by reference herein. SECTION XIV; EFFECTIVE DATE This Ordinance shall become effective upon iilin.g with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier•County, Florida, this 24h day of _June , 2008. ATTEST: " r AD DWIGHT'E: B OCK-1 CLERK By:// at/ Attu as to ` 1me - Ilion&" 001 Approved as to form and legal sufficiency: Marjorie M. Student -Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, RIDA By: TOM HENNING, CHAIRMA Page 8 of 8 r};i, ,,:ci nnnre filed with the Z.: off'C", the e .d r_ a•'?:i:�er; tit +� S t3a fain. >S-r;ived ire Dept V Words underlined are additions; words std tlh are deletions. 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C7 i Nwr rr t Y� 13 Natjw YML iCR a Lana= �IIM UK L R Im MATM � MWA (4&1)M H sll Y W 00 am TAA WmK MaA lalli /YL M1 O/lsaOOM OF IM QAC An NLT is RLT OR s IIL t of RMLK� MOM 4. fT *.= W M WON OMMMWINM �l �7a1 �O 1NL :i AR ltt SOA1L : i OC w ns nr " rwsr r "'�"• �' GM 1t"To Pout T970;W Iota -t THE HlWA88E CPUE3 M r�Mllu+atf r ■ EXM rrrr lri"'OF It'Y[t #1Si I*1Y011�11i isll Asf��Alk" DATFD $ 26 ra ZODi 612$ 2 1 0 • 0 • EX Mrr'(B" LEGAL )DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 RAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.000151711E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE. OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N,89°23 `53"W, ALONG THE SOUTH - LINL OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE LAST LINE OF THE NORTHWAST QUARTER OF SAID SECTIO AND P BEG OF G OF THE PARCEL OF LAND HEREIN DESCRIB3 ED; T ION N I 13 RUN 5.00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 TEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00009'47'B., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER O13ATONWOOD F LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON TAE PLAT OF XENSIGNTON PARK PHASE THREE -13 ACCORDING TO THE PLAT TSEID30F RECORDED IN • PLAT 1300K 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°50' l3"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°09'47"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREI~-H, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAI[) SECTION 13; THENCE RUN N. 00}15'37"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PRASE THRE&B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTIHEASTERLy CORNER OF SAID KENSIGNTON PARK PHME THR6&B; THENCE CONTINUE N.0001517E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING To THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON TIME SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF SEGiNNING; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO LASTi1VIENTS, RESER RECORD. VATIONS OR RESTRUCTION OF BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNA -AGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00°15'39" Tr, HOLD MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #I772 • W;L001120010161M.FRIEXHI3TT 13 LEGAL DESCRIPTION.doc I 107'3+dlan, .- _ _-. � •a•�,R..wwp�rnwwlveWQ.lon nr (�4. k kyllll` nQilr IIp'D'M+Mn pY•M8'Na'a¢�kkgdY wih� nnr.�a.r�rnac HIINASSE INCORPORATED - NAPLES, FLORIDA - EXHIBIT "'C" LANDSCAPE DETAIL .& VIEW ELEVATION / CROSS SECTION STUD) REV. 6108 PROPOSED ELEVATION :-MW . FM,- T ARK (VIEW FB.QM M Lt-V1N T ' N- R �gim L :: PP 1T . ARCHITECTURAL SCHEMATIC EXHMIT ' SELF STORAGE SU LDIN43 - 1-Ii'.WASSE CRUD NAMES - FLORIDA Ww-w 91 • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy o f : ORDINANCE 2008-34 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of • County Commissioners of Collier County, Florida, this 2nd day of July, 2008. DWIGHT E. BROCK Clerk of Courts --an d Clerk Ex -officio to goari± of. County Comiiss�oz`i' ' :E 'lit y By: Martha Ver ray Deputy `Cler • i.a> 0 ORDINANCE NO. 04--ar_ A?& AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER • a�� to 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS SOI J q AMENDED, WHICH INCLUDES THE COMPREHENSIVE ZONING D�1J/j'A REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER n rfL1Y/ COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING A'T'LAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY �Zetaq FROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "PUD" COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE HIWASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR -SELF STORAGE AREA WITH A MAXIMUM ZONING HEIGHT OF THREE (3) STORIES OR THIRTY- FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE-QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.5-1 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole Montes and Associates, representing Hiwasse, Inc., through PUDZ-03-AR-3561, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. i- NOW, THEREFORE BE IT ORDAINED by the Board of County Commissipp- rs Collier County, Florida, that: = `� r* SECTION ONE: The zoning classification of the herein described real property located in SecrW5.IT 13;-D • Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Planned Unit Development (CPUD) in accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 16'h day of November, 2004. BOARD OF COUNTY COMMISSIONERS �. ;�'' COLLIER CO TY, FLORIDA ATTEST:....::.; DVIE QH�r-E:CLERK BY: `. • ;k T , ty� DONNA FIALA, CHAIRMAN t�Y illy6n' S 00h This ordinance flied W1% " fOfoState's 2the bo • Patri4GWe o� Pi thrlt Assistant County Attorney fill roeeived thisdoy of , PUDZ-2003-AR-3561/R3/,p M (, Page 1 of 1 • HIWASSE A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. RICHARD YOVANOVICH, ESQ. • HOLE MONTES, INC. GOODMAN, COLEMAN & JOHNSON 950 ENCORE WAY AND 4001 TAMIAMI TRAIL N., STE. 300 NAPLEs, FLORIDA 34110 NAPLES, FLORIDA 34103 HM PROJECT 2001076 NOVEMBER, 2002 Date Reviewed by CCPC: Date Approved by BCC: Nnirpmbpr 16, 2004 Ordinance No. 2004-75 Amendments & Repeals EXHIBIT "A" TABLE OF CONTENTS • Paee SECTION I Statement of Compliance SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control ..................... 4 .................................... SECTION III Statement of Intent and Project Description..........................................5 SECTION IV General Development Regulations...................6 .................................. SECTION V Permitted Uses and Dimensional Standards for Commercial Development .... 13 SECTION VI Development Commitments..........................15 .................................. EXHIBITS Exhibit A — PUD Master Plan Exhibit B — Legal Description Exhibit C — Landscape Detail and View Elevation � 0 SECTION I STATE-MENT OF COMPLIANCE • The development of +12.52 acres of.property in Section 13, Township 49 South. Range 25 East Collier County. Florida, as a Planned Unit Development to be known as the Hiwasse PLD, will be in compliance with the goals; objectives, and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each :)f the elements of the Growth Management Plan for the following reasons: 1.1 The property is located in the Livingston Road/Eatonwood Lane Commercial Infill SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor -self storage facilities to serve surrounding residential areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square feet of indoor self -storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office, medical and indoor self - storage facilities develop on the property, for each two square feet of indoor self -storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted. Access to the property within the Sub -district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is • permitted from Eatonwood Lane. The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty-five (35) feet, or a maximum of 200,000 square feet of indoor - self -storage area with a maximum height of three (3) stories of thirty-five (35) feet. Therefore, consistency with the Future Land Use Element ("FLUE") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's commercial uses as required in Objective 2 of the FLUE. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 1.7 All final development orders for this project are subject t6 the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the FLUE. • 1.8 This PUD shall not become affective until petition CPSP 2003 - 12 is adopted by the Cullier County Board or Commissioners - -. Joc SECTION II • PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2.2 LEGAL DESCRIPTION The legal description is provided for in Exhibit `B". 2.3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one-quarter C/O of a mile south of Pine Ridge Road. PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A). • 2.4 SHORT TITLE I 'A I This Ordinance shall be known and cited as the "Hiwasse Planned Unit Development Ordinance", 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. P, - 4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION • 3.1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains 12.5 acres and includes 7.55 acres in a Florida Power and Light easement area. The proposed uses are a mix of professional office and medical uses and indoor -self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ("FPL") Easement Area that creates a separation from residential uses to the west will remain in open space. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas, open spaces and road rights-of-way as depicted on the PUD Master Plan • Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build -out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However, actual build -out will depend on market conditions. • _:ani.. 11 N ;1i8•Y! '[' n (l'1Cl!!1-. ;';-_q_(1.l. d 0' SECTION IV • GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Hi'wasse Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Hiwasse PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. 13. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit • application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event there is a conflict between the regulations established in the PUD or any other regulations, the regulations within the PUD shall prevail. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. • 4.3 EASEMENTS FOR UTILITIES Easements, where required. shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements. U `,I.: (i�cas>c.P('D f) tcu:n. r a.,i , dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable • regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier. County shall be -counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to • ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. • 7 Nwasse,,PUD Document-8-01.doc • B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 SUNSET AND MONITORING PROVISIONS The Hiwasse PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements, 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.14 OPEN SPACE • The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC and are met within the FPL easement area. 4.11 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be • provided along the eastem edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhanced "B" Buffer area meets with their approval.. :\R ;,61. 1liwassc%111'D Doc.�mr:: K-111.doc 8 T' 4.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. • General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. i 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.I4 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of • permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Ten feet (10'). 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirements of this Ordinance and the LDC are met. 3. Minimum distance between unrelated structures — Ten feet (10'). 4. Maximum height of structures — Twenty -Five feet 5. Minimum lot or parcel area — 10,000 square feet. 6. Standards for parking, landscaping, signs and other land uses where such • standards are not specified herein or within the Hiwasse PUD design Z:1 and standards are to be in accordance with LDC in effect at the 9 • time of site development plan approval. 4.16 SIGNAGE A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to is reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. C. Wall Mounted Signs Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors 1. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi -color letters are not permitted. 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS A. Applicability 1. The "Architectural Standards for Livingston Road/Eatonwood Lane • Commercial Infill Subdistrict" have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing 10 GA1Be11ows\AR-3561, Hiwasse\PUD Document 7-8-04.doc appropriate property improvements. These standards replace related portions of the Collier County Architectural Guidelines (LDC Division • 2.8) as noted. All other portions of the Collier County Land Development Code (LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this PUD. B. Intent 1. The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional / medical offices and indoor self -storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements All Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: Modify LDC 2.8.3.5.11 - Entryways/Customer Entrance Treatments as follows for indoor self -storage buildings over 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a • comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identify appropriate entry features. C. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. 2. Modify LDC 2.8.4.4.10 - Entryways/Customer Entrance Treatments as, follows for indoor self -storage buildings over 10,000 square feet to 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. • b. Entryways / customer entrance standards. These standards identify appropriate entry features. 11 GABellowAAR-3561, Hiwasse\PUD Document 7-8-04.doc • C. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) 'decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. • • In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: Overall building dimension shall not exceed 150 feet in either direction. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. Joe 12 SECTION V PERMITTED USES AND DI`ZENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Hiwasse PUD designated for commercial development on :he PUD Master Plan, Exhibit "A". 5.2 MAXIMUM DEVELOPMENT INTENSITY A maximum of 91,000 square feet of gross leasable floor area of professional and medical office use area is permitted or a maximum of 200,000 square feet of indoor -self storage area. Should a mix of office and indoor -self storage facilities develop on the property, for each two (2) square feet of indoor -self storage area, one (1) square foot of office area shall be reduced from the maximum allowable office area. 5.3 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA t ACRES f PERCENTAGE 1. FPL Easement 7.55 60.3% 2. Development Area 4.97 39.7% TOTAL 12.52 100% The approximate acreage of the commercial area is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Commercial areas are designed to accommodate internal roadways, open spaces, signs, water management facilities, and similar uses typically found in non-residential areas. 5.4 PERMITTED USES AND STRUCTURES No building or structure, or pan thereof shall be erected, altered or used, or land used, in whole or part, for other than the following. A. Permitted Uses: 1. Accounting, auditing and bookkeeping services (group 8721). 2. Business services (groups 7311, 7313. 7371. 7372. 7374-7376. 7379). 3. Depository institutions (groups 6011 - 6099). 4. Offices for engineering, architectural, and surveying services i croups 0781. 8711-5713). 5. Health services (groups 8011-8049). 13 ii�c;�sSe.P('D t),,,un,-.... '-._... • • • • • 6. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 7. Indoor -self storage facilities (group 4225). 8. Legal services (group 8111). 9. Management and public relations services (groups 8741-8743, 8748). 10. Miscellaneous' personal services (groups 7291; 7299, debt counseling only). " 11. Real estate (groups 6531-6541). 12. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 13. Transportation services (group 4724, travel agencies only). 14. Veterinarian's office (group 0742), excluding outdoor kenneling. 15. Any other use which is comparable in nature with the foregoing list of permitted principle uses as determined by the Zoning Board of Appeals. B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with commercial uses listed above. 5.5 DEVELOPMENT STANDARDS A. Minimum lot area - 20,000 square feet B. Minimum lot width — 100 feet C. Minimum yard requirements: 1. Front yard — 25 feet 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. D. Maximum height — Thirty-five (35) feet E. Minimum floor area of principal structure — 1000 square feet gross floor area for each building on the ground floor. F. Lighting — Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area. G. Distance between structures — If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or a distance equal to one-half (Yz) the sum of their heights, whichever is greater. However, indoor -self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self -storage buildings. H. Merchandise storage and display — Outside storage or display of merchandise is prohibited. 1. Use of FPL Easement Area — Open space and landscape buffering shall be the only allowed uses permitted in the FPL Easement Area. 14 J. The hours of operation of the self -storage buildings shall be limited to the hours of 7:OOAM to 9:OOPM. • K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection of LaCosta•Road and Livingston Road. 15 IieL,n• .1k-. =f,l_ iIiwasse`,P['D Document SECTION VI • DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation • Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. E. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6.2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall • be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 16 nocument-8-04.doc E. Shared access is permitted north of the subject property as depicted on the PUD • Master Plan, subject to an access agreement with the property owner to the north. If an access agreement .for shared access cannot be reached, then only a right -in - right -out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan*south of the shared access area. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right -of -Way Manual and Ordinance 82-91. 6.3 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the • County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 6.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. C. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. 6.5 WATER MANAGEMENT REQUIREMENTS • The purpose of this Section is to set forth the water management commitments of the project developer. 17 GABe11onvsi4R-3561. Hlwasse\PUD Document 7-3-04.doc • A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. 18 GABello-s\AR-3-561. Hiwassc\PUD Document 7-8-04.doc ate IM'�', ...... .... . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161,64616"A .............. ..... ......... ........... ....... ........................... .. - kw*M*w --- --- --- 00" - --- I .1 TOTAL AREA OF S" • ILU ACM WATER MARAGM09FT AREA :0.2 ACRES DEVELOPMENT AREA • &4: ACME FPL EASEMENT AREA • F.01 ACRES jaim smm�vftr I — -F- — F PUD ASTER PLAN tabs t M.10 M THE HIWAGGE Pug) IM tomEmomm EXHIBIT "A" 075 1-5E. I BIMMIR1400sims I 1 . 1 KXMSMMUM PARK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . TWE in pin. . . . . . . . . . . . . . . Rt Wcmtt . ... . . . . . . . . . . . . . . . . . . . . . . . . "I . . . . . . . . . . . . i I�K T ILF!". (tib. . . . . . . . . . .ii i . . . . . . . . . . . . . . ... . . . . . . . . . . . ,.Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w RM ate IM'�', ...... .... . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161,64616"A .............. ..... ......... ........... ....... ........................... .. - kw*M*w --- --- --- 00" - --- I .1 TOTAL AREA OF S" • ILU ACM WATER MARAGM09FT AREA :0.2 ACRES DEVELOPMENT AREA • &4: ACME FPL EASEMENT AREA • F.01 ACRES jaim smm�vftr I — -F- — F PUD ASTER PLAN tabs t M.10 M THE HIWAGGE Pug) IM tomEmomm EXHIBIT "A" 075 1-5E. I BIMMIR1400sims I 1 . 1 • EXHIBIT `B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°15'37"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00015'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13., FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°09'47"E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE -B ACCORDING TO THE PLAT THEREOF RECORDED IN • PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°50' 13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°09'47"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST.NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE -B; THENCE CONTINUE N.00°15'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89023'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCTION OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00°15'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 • W:\2001\2001076\MJR\EXHIBIT B LEGAL DESCRIPTION.doc • • SHe Cross Section"A"(Optional) Scale: I' - 2D'-7 Site Cross Sectbn "r (Optional) Scale: I' " 20'- (r 01 _ 20' Min.—* 100 - / o`Tr". v • tree - 1 I v l Sod er 1 • Section "A" - Typical plaalbfp ! 1 Dd Seaton 0 100 Section "S' - Typical planffM IUD' Seclbn NOTES: 1. Subtecl bufferb th the Hh� IF an¢arporaied popery d me FPL samM nt n Type T buffstlnt homporake M a. 1714keell1Wh6Wdn [drsgL*mdlper WL guldakm) spaced at o mcxk u of 39 o.c. ord o n**reert d 27 o.c b. 5' hedge (upon k.W1a11on) r h plmh>poasd eve? 4' oc, to ween Use Vahlculy a m - U. poAip trbg ft —fem die pehnels. 2. PLANT MATERIAL SUGGEMNS TRS a. Red Maple b. the Oat a. Dot oon/E P.Iko Holy PALWA m 5oSd Paan b. WashnplaNa Pakn SHRUBS a. Wax myrtle b. Sivwbullorwmd G Cocopknn 3. Note that any required plmt nralslol dbpbeed In the Muted Type T2' suffea by vefdaulor aauntm move be relocated %ilhn Bw bulls. • UNDEVELOPARCS Type'A' .o 0 a o� KENSINGTON PARK PtopMy the 239 FPL Z AREA A 00 type er C7 c --- EATONWOOD © O LANE Key Mop SCARE: I'. l2a . (r I 0 W 0 a- ouX Z • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-75 Which was adopted by the Board of County Commissioners on the 16th day of November 2004, during Regular Session. • WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004. 0 DWIGHT E. BROCK_ ,:��i ` , r Clerk of Court-aridC;Ie;}G'. Ex -of f icio tooaz`d� County Commi''sTioners' By: Heidi R. ' Rbcold.l�a� Deputy Clerk From: �Im7GBaY To: . Bob Mulhere cc: i'cl-C ntlWaft IF h@simxizel^ Tcm TaMor BcadlFred: A21himOtlGld� isQ= subje4t: 1Z=: PQO2 70002544 Hmmse PURI Date: Tuesday, August 08, 2017 12:32:49 I m Attachments: rroaeam.pm Hi Scott, I discussed this issue with Chris Scott as well as a follow-up meeting with Bob Mulhere and I can confirm that this application can continue to be reviewed and processed as a PDI. R" Raymond V. Bellows, Zoning Monoger Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463: Fax: 239.252.6350 From: StoneScott Sent: Tuesday, August 08, 2017 10:50 AM To: Bob Mulhere cBobMuIhere @Inmeng-cc mn Ce: Mc Lean Matthew aMatthewMcLea n@colIiergov.net>; Frenchlames cjamesfrench@ccIIiergov.net>; BosiMichael cMichaeIBosi@ccIliergov.net>; BellowsRay <RayBellows@colIiergov.net>; Tom Taylor cTomTayiar@hmeng.com>; Rei schIFre d <FredReischI@col Iiergov.nen; Ashton Heidi cHeidiAshton@col I[ergov.net>; KlatzkowJeff❑effKlatzkow@colliergov.netn Subject: RE: PL20170002544 Hiwasse PUDI Bob, Thanks for the response. I will still need staff to confirm that this can proceed as a PD1, given the number of changes throughout the PUD document. I understand that you had previous guidance that this would be a PDI, but I need to know that the changes you officially submitted are representative of the number and substance of changes upon which Ray originally based his opinion to move this forward as a PD1 rather than a PUDA. Scott A- Stone Assistant County Attorney Collier CountyAttorney's Office (239)252-5740 From: Bob Mulhere [mailto,BobMulhere9Dhmene.caml Sent: Tuesday, August 8, 2017 10:23 AM To: StoneScott c5rntt;tone QD ra 11 ieryoa.na> Cc: McLeanM atth ew c ; FrenchJames c iame 5frenc h 0 BosiMichaei c M ic ha &I Ros 1 0 rolli ergmLnet>; Bel lowsRay ; Tom Taylor c To mTavl or 0 bm2pImm>; ReischlFred c Frert R e srhl rat ie rpov. nets Subject: PL20170002544 Hiwasse PURI Scott: Since your review is still listed as pending an the above, I want to respond quickly with the hope of having the pendingstatus revised to approved. We want to avoid another "formal" resubmittal. This process was to be expedited 1n order to address hath the County's utility needs and the property owners pending SDP. Your commentsjquestions are as follows: Comment 1: 0 Correction 1: Miscellaneous Corrections 0 Status: Outstanding Date Status Changed: 08/07/2017 Comments: It appears that you are attempting to revise the entire PUD document. Please have staff confirm that this can be a PDI, and not a PUDA (or a PUDR). I understand that your a -mail dated June 21st Indicates that you spoke with Ray regarding the PDT process, but t would Ilke staff to confirm that a AOI Is appropriate now that they've actually seen your official application/request. -----Original Message ----- From: SellowsRay [ ilBlr�yBellow calliereay.net] Sent: Wednesday, June 21, 2817 5:23 PM To: Bob Mulhere; PaulRenald Cc: Bosillichael; Frenchlames; Tom Taylor; AshtonHeidi; ReischlFred; McLeanMatthew Subject: RE: Hiwassi PURI Hi Bob, I agree to waive the formal pre -application meeting. However, I think it would be a good idea if Fred can call you to review the proposed changes prior to submittal in order to help him get up to speed. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone; 239,252.2463; Fax: 239.252.6359 - ---Original Message ----- From: Bob Mulhere [mailto BohMulher��jmlilg.�om] Sent: Wednesday, Jude 21, 2917 5:14 PM To: BellowsRay net> Cc: BosiMichael < >; Frenchlames cigMesfrench@colliergov.net>; Tom Taylor CTomTaylorfihmene.com>; AshtonHeidi <HeidiAshtonQco11jerpoy.net> Subject: Hiwasse PURI Ray, over the last 6 weeks or so Tom Taylor and I have been meeting with Jamie, Chris Scott, Matt McLean, Mark Strain, and Heidi Aston-Cicko to determine the correct process to resolve some issues related to the above referenced PUD. Issues include: several easements needed by Collier County, relocating a County force main on the property (for which no easement exists), a setback issue related to an existing drainage, utility and access easement granted for compensating right-of-way, deviations required to address several landscape issues (necessitated by the limitations that result from the utility easements desired by the County), and a few other items that may require deviations. After several meetings it has been determined that we need to submit a POI, and that staff will work with us to expedite the processing and review of the PD1. There is a pending SDP approval on the site and the County desires to obtain the necessary easements and so forth as quickly as possible. To that end, getting the PDI submitted and scheduled for consideration by the hearing examiner as expeditiously as possible is in the best interest of bath my client and Collier County. With that being the case, I am requesting a waiver of the pre -app meeting. With the application, I will submit a summary description of the issues and of course the amending PUD language. I will also submit an analysis as to how the changes qualify under the Pf7I process. None of the changes have an environmental or traffic impact. The site is already cleared and we are not proposing an increase or change to the PUD boundaries, uses, intensity, building height, or, access to the PUD. Please let me know if you will waive the preapp meeting Scott, please see email above. We have discussed this on numerous occasions with Heidi, Ray, Jamie, Matt McBean, and others. At the conclusion of those meetings and discussions it was agreed that the process was to submit a PDI. We determined to delete various LDC citations throughout the PUD because the previous amendment to the PUD contained the following language in Section X, and we thought that you or someone else would request those changes to make thFs consistent with the language below, approved in 2008. We can delete 10 those changes If you Feel they are oat necessary, but do not wish to make a format resubmittal to do so. Pte ase advise. From: ErbOndv To: Tam Taylor Subject: FW: Western Interconnect - Livingston Professional Center Attachments: Scanned Donation Aareement.nd Tom.... Hopefully this email address will work 4 ff (510� Cindy M. Erb, SRIWA Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 191 Naples, FL 34112-5355 Telephone Number: 239-252-8917 Fax Number: 239-252-8875 From: ErbCindy Sent: Tuesday, July 18, 2017 2:48 PM To: TornTaylor@HoleMontes.corn Cc: MottToni <ToniMott@colliergov.net>; 5tevensMichael<Michael5tevens@colliergov.net>; PajerCraig <CraigPajer@colliergov.net> Subject: Western Interconnect - Livingston Professional Center Tom, Please find attached the documents necessary, along with a cover letter, for the County to proceed with the acquisition for the above -referenced project: • Donation Agreement; • Utility Easement; • Utility Easement for existing FM; and • Gap Affidavit Please have the appropriate parties execute the attached documents and return them to my attention. The Utility Easements, and Grantor's Non -Foreign, Taxpayer Identification & "Gap" Affidavit must be signed in the presence of a Notary Public and requires two witnesses. The Donation Agreement just requires two witnesses. On the Utility Easement for the existing FM, we have been advised by the County Attorney's office that 2a of the last paragraph (which is crossed off) should be removed because the entire easement area will not be terminated because it references abandoning our use of the sewage force main and that is not the case. Please initial where it is strike -through. • Once we record the documentation we will forward the recorded UtilityEasements s for your files. If you have any questions, please advise. Thank you. 6�//We,1 Cindy M. Erb, SRMA Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356 Telephone Number: 239-252-8917 Fax Number: 239-252-8876 is Structure No. 143M5 -143M6, 266M3 -266M4, A266M3-A266M4 Section, Township, Range 13-49-25 Parcel ID: 258974001 RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to LIVINGSTON PROFESSIONAL CENTER, LLC whose mailing address is 719 Hickory Road, Naples, FL 34108 hereafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in O.R. Book 162, Page 205, O.R. Book 432, Page 726 and O.R. Book 429, Page 354 of the Public Records of Collier County, Florida. The said area within the Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A" attached hereto. The use of Lands by Licensee shall be solely for the purpose of cry detention areas with associate piping, an emergency turnaround area, landscaping and lighting as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B". Li consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: is 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requireinents of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the • Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time -to -time may require Licensee, to relocate, alter, or remove its facilities and equipment, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [141), petroleum products, liquids or flanunables shall be placed on, under, transported across is Form 3740 Rev. 08/15 Page 1 of 8 or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company • or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and ten (l l0) foot wide area, clear of any activities, with a lineal measurement of fifty five (55) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of exceeding fourteen (14) feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed • fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures w en working under or near Company's facilities. Licensee hereby acknowledges the receipt and requir�d execution of Form 360 "Exhibit C" prior to the commencement of construction within the Lands. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and fi•ee of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. It. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company • for all cost and expense involved with such relocation, rearrangement or change. Form 3140 Rev. O8/15 Page 2 of 8 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to • indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by the negligence of FPL Entities, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense. 13. Licensee shall, during the period of this Agreement, maintain at its sole expense with insurers rated "A-, VII" or higher by A.M. Best's Key Rating Guide, General Liability insurance with minimum limits of $3,000,000 for bodily injury or death of person(s) and property damage per occurrence, which shall insure against obligations assumed by Licensee in the indemnity (Paragraph 12). Licensee shall name Company as an additional insured and provide for a waiver or subrogation in favor of Company. License sliall provide evidence of the required insurance coverage in the form of an ACORD certificate to Company evidencing that said policy of insurance is in force and will not be cancelled or non -renewed so as to affect the interests of Company until thirty (30) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in frill force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one (1) year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction, "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, Purchasing construction materials, placing such construction materials oil the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of four (4) months or more. Licensee acknowledges that failure to have the use under construction within the one (1) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a Mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (l) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. Form 3740 Rev. 08/15 Page 3 of 8 17. Should .anyp vision of"thisAgreenietit be determined by a court of.competerititnisdictibn • t illegal at o, be R.I. gal. or in conflict with. any.applicable law, the validity of the remaining provlsioais shall not lie m. 2, impaired. III the event of any litigation-arisbig out of enforcet.pent ofthis CiDnsaiit.Agm.enie.nil-tti.6.,pi-eva prevailing y party- in such litigation shall :tie -entitled to recoveryof all costs, i4cl* I rea udi sphObjp attorney fees. 18. Lice br this Agreement to it. 9,olvent p ..!Isee: may assign its rights and obligations und art y upon prior written consent of the company, which 011961%41411 RObe unreaP �onabl-y withheld. Is 19. Licenseeagreesthat any review brapproval by Conipaiiy:of the plans and/or- specifications submitted by Licensee attached hereto .asExhibit , 1B.", the approval of the identity of 40 contractors; subcontractors andmiaterialmen,or the id delivery by Company Ony-popstroq6 specificationsto:Licensce; is, solely . I for the purpose of processing this Consent, and. without any r . epresopUtion orwarranty w,114tswyer to Licensee with respect to the adcq.*acy.,,cotreOtn correctness Oy. thereof Q r otherwise and, --itis understood that such Conipany's approVal . does not absolve Licensee -of aqyiiability hereunder. Rulliet, LicengMin_ connection with the construction, niaintename and/or 1761joyal of iniprobibeftts, depicted on E. Ex hibit *BO to tho.Agreeffiefit, agreesfrilly comply. With all const . ructiom., opera-vion On, to observe and BU 1, : � d maintenance standards, as. well as a] 1 applicable- laws, title& and. reguji(Ws of the, 00116d States, :the State of Vlorida, and all agencies: and political subd Visions thereof,including without limitation, the'N4001181-Eloctrio. Safety Code and the Occupational Safety. & Health Administration 'togglittion$, standards, rylq; registers, dErectiveS or interprOaCions. 20.. This Agreement includes. and Is, subject to the: provisions described On the attached Addendum,. The parties have executed this Agreement this day of Witnesses: S ipatpre: 0 vl Nara _7' Print Narn- 14AP—e— A , ( OOM5W Witnesses: Signature: Print Name: 64(z 4 Signature; I * e 1/\Ck Print'Nan', FLORIDA POWER & LIGUT COWANY By Its: Cornorath:R&il Est4t6ttT-a"�ng-er Print Name Mark L,. Borg U(�ENI*SEE. LIMOSTONPROFESSIONAL, CENTER, LLC By- hfigging Meigber...,. Print Narne: Thomas M.:Ia_yi&- Rage 4 a 8 (Corporate seat) )wioxtn 3740 Rev. 08115 ADDENDUM • Existing transmission conductor is 30 feet above ground. Distance will be reduced about 5ft. (25ft above ground) during transmission load increase. Licensee shall always maintain OSHA safety clearance of 20 feet between transmission conductor and equipment. Form 3740 Rev. 08/15 Page 5 of 8 EXHIBIT i°A" *** OR; 9105 PG; 2037 *** XmprE "A" - LaoAL i?85CRienmOFTHB? LQYCRTY A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN 5.00015'37•E., ALONG THE CAST -LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89.23'53'W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR ADISTANCE OF 120,01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION i3 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S,00•i6'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1324.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTE F SAID SECTION 13; THENCE RUN SAID 8E,CTION 3�FORADIS LLEL H A73.69F HE SOUTHEAST QUARTER OF j� �Q 1 E MOST NORTHEASTERLY CORNER OF EATONW00�?,1 130.00 FOO F -WAY, A$ THE SAME IS SHOWN ON THEPLATOFK6N GTONPARKPHAS E -B ACCORDING TO THE PLAT O C�O N7YPLA•FOOK28 TFIR 50 6 OF THE PUBLIC R CORDSOFCOLL E13"W ALONG THE ,PL•Q•RI �FlE BOUNDARY OF SAID E NT rN-P T R -B, OR A DISTANCE OF 390.00 FEET; THEN E 0. 9OUNDARY OF SAID KENSINGTON PARK HA HR E- iS 0 73 36 FEET TO A POINT • ON THE SOUTH LINE E 0 RTE S ECTION 13; THENCE RUN N.00°15'37' W., A THE BOUNDARY SAI K ` GTON PARK PHASE THREE'S. FOR A DIS OF 1160.79 FEE H ST NORTHEASTERLY CORNER OF SAID KE (TON PARK PHA 6 ; THENCE CONTINUE K PHASE 3A ACCORDING TO THE PLA H; UNDRECORARY FFK 1 I T BOOK ON 26 AT PAGES 61 AND 62 OF THE PUBLIC RECO FLORIDA, FORA DISTANCE OF 176.24 FEET TO A POINT ON H'� OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89.2T6TE., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTEfi OF THE NORTHEAST QUARTEROF SAID SECTION i3, FOR A DISTANCE OF 390.05 FEET TO THE }JOINT OF BEGINNING. • 9/11/2006 - Thomas Murphy S-ABrandy Closings Hiwasse st Livingslon Professional Center Warranty need (Page 3 or 2) Form 3140 Rev. 08115 Page 6 of 8 EXHIBIT "B" Plans as attached Form 3740 Rev. 08/15 Page 7 of 8 RM E 51"co-t,'=:su' Q r ----LAMQ9T** ••'_-,•---- _'-------------- _a •• �'T—�---0 cn --- s'1577fROAD-64)RW1-----�-- ��` �- .r °.gL-- • ��° - —e M70AACA ... — v —..- ... .� --.--- ---- .+._ %— ...r.. �a-A...� �->✓---tea -. ...._��,C�..L_... .•...... ..d: .......... = A n4 ; 6TOR�OII Kama.' OROFI4 !i!{1!�°li 1 A ?L'1M RA4 � W f •' 'sa Ra FRr Rcc ARA .. DT icr. Aires M\c'amFc.alrm - A �+.+� ..'oRr ARA hJ - , —• ,pri9.d —. 1 11 8 i � I MAAPA � -.• I, ; 111 uamw:^`1r uir cm lwi, ( Q � 10, w nwDen.pw I if ° .< V's II , :�. .d I �� .t " •0 . r' ✓ �.._...�"—'_ti_ �-,— it ,3r d,1 . . _—.� ,—_ � 1j u ' LA ZMA r-•tU�, 1'_Ce_ d J J_ . dyJ -0�+ A+ g+ d',' _ a r• ma+r�a J d' V mau r 1 11 /yrty� y a 1 : i Y . I . i. C°!/ ✓ A.. s .., ....yam ae kms. ..�yA� ---------------�....as..L . s ..s.s .. _.. ----- ----- .a.. ■ T DRACJIt09 STRUCTURE DATA .xax o xnvdr wcw° I=..,cr w.ur LEGEMM`�. y� me =+wir A.wur Ramntr _ ow je 4. onl u .T Aon. fOu4.ANwRKWYrtlV.111W1Y ' ' 4y � . f M„^w:. 716•r�OPAI✓® 9Y.YY➢[ 1: MOO= OVU. MMAi • ViLL 111.InC MCD OUC. 0 � :.pW® 6MOYN.Qp° ») ,• _N. uV[JCaBT'Otd ROAD SUWCJ .. D .+u swan mu>Icwr:vwuRe cRrsA .>�xci +ra,°ecruo. �' :,�aD„e,,,l: ym,, ,p - ------------ ------ ~.rA>ww.1lA,riV �-=_=��w -p9Fiea R°.i..ar. biW RAO RAO NOMM _. aw .cw..amR per /.qrc ----- RWfFO1 ::N�� Al Amy PIG A.DI.Til tbltl.00 MYL TURN'LANE DETAC. Q wwK ao.v. ,re r c.o . ams _O .TMc.ti':awD IRfll Ala-EVL cw? cb%, .roi w wiM m ucbmr ow,Ws. un 9fiG 8,6m A'cy ;�+ MASTER PAWING, GRADING +y' o °"""'°° w—ww °w°w to7sDapt sass 4 i/V G _. vlDms.nr�IDw and DRAINAGE PLAN e ^�'W^: .� AD,bwltrNl°nNu.t 200 4 up 'a SITE DEVELOPMENT PLANS for LOCK—UP STORAGE ax HfWA55C Located within Section 13, Township 49 South, Range 25 East Collier County, Florida cvjkwt Uvingslan Profa�bnaI Centor. LLC 719 Hickory Road Nopl". F1ot9da 34108 (239) 254-2000 Agamr We Mont" 950 Encore way Naples. Florida 34110 (239) 254-2000 Phone (239) 254-2099 Fax FOLIO KWOM _ 258974001 ADJAC ENr 20bfta- NORTH ..................... P.U.D. SOUTH .....................P.U.D. EAST .......................R.O.W. WEST I .....I ................ P.UA. PRESENT ZONING.....P.U.D.—HIWASSE PREPARED BY: HOLE MONTES taswnlntr�maml Pmfueforo� rmosumlo0 soma +evr-r.Kee�+..vae..r�em.ma LEGAL DESWIPTION wee:aruwunvmu.neunxur ar�nwat�w�aewn�uwaaloroeunaylncnnns.wno+a. .lYLaMM1taYeatt.o�I W O1ti DATE : OCTOBER, 2016 IN ►„ft No= me2m. 00497 ucm Tmo *.A. row nnoaoeo Tm ar eta o-. Am" s1. Poem senna ommuvom mo *-P. mW ma W M a'.." . y. QQ%Lnphatar STA16MMOS r� w.� PIRctw hoot a.0 raa a�aa11104 oral 0faei 7,11 tst adts. mod tdu fooae MM enea RWWFD : 11.10 k / 128i EOJ@G THE APPROVAL OF THESE CONSTRUCTION PUNS DOES NOT AUTHORQE CONSTRUCTION OF REOULM IMPROVEMENTS WHICH ARE INCONSISTENT WITH E4SEMEH7 Or RECORD. 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YNWU t[DL W_ YRDI CW, WO MALL A31 YADR RAWAM UWATON elCalmy etfr A OARCK fi uDDAi Na r1A0 D.ra ErcaAW4Y !-_17ZIll "�a• nRDw Iv.ma.., MM NDPI04 FL 7D11a E5s ~ PbM(W♦)214-7D0a SHEET INDEX, ABBREVIATIONS t0781xo1 4H3Fr2 Am1Fh.r• Co"`�'6. 1 r LEGEND and GENERAL NOTES __ 7 _LM r IRICIZI ''S 7 4 '7 Qz- U-0b '14, LPLMD COMMUNUIES SWMARY 11 CODE DOSCFVTM ACFES T40H POTL)F= *fYDFt4* 024 T40 DoTtmeo 17 -ID TOTAL rrM IZ02 SIAA COUNT'f ROAD U90UM DI!NSrrY PMM"AL V A) R Tfs LOW DENSMY RE31DEN71AL WITH GOLF cloup-RES A I ww I PROW=OnGOM� 3TORA(ZrtJtNO STORAGE tls M aIR.GC40 LPK _---"--- �o scALCV-W 1 UTASfAe L^�L,,e.��_.✓,.`P-..-�a--------..-..-:asse>a-w-s.. neom�.« e-w----....---nw------nn-.�-....n--nw-----..-----n-n Win..--- ----- -..-aw--�e--� +J L7) ---'---------------- -_-__ WINGSTON ROAD fW10LICJ r amwo W—c -.... ... — �xmwn�-- _ _ PROPOSED F a STORAGE BUILDING tsoum K MAIN ENTRANCE OFL OC -UP STORAGE I,�QBiD: �b-IR �-� MNC®n91Wi _�-----_�_-.__ ,L',.,'-�, .......r�.',•, rv�0lmio C9MiRIC GENERAL NOTES � �^ M.ia ^��b.>..re..+...®. . n�...4w: �...: r�`.i.•ZiTiAYO"' ,m' M�DMNEIIIGY Yo.v KM ��a v�-wmwL�M�Cn°1 a--S+a�a..—Ua.4��-'w` � �� I~igrgoqw�. 4 OMT 1-�.�v Ml�w 1A P.MP+�dbMll nnrtpn •raw w oncr. �s um2 xs mma xeq�++o SIGNAGE, STRIPING and DIMENSION 4x35-+ P rimcdmd PLAN ja�S'"110760MOI •"°,•` •�"° D nw..r�n.. 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A GIG PL LCOGC .1s �:UP Du[ Q�E7�FPJ�.4OGGAlo�9 "o °, FL "41Vt�o SITE UTILITIES ALAN as utP0P7 6W�sVP01 _uu48 3Imo5. —5 Au9WU WMM77t .076 5 of 17LOCK-UP S�—�=254.2000 HOLE MONTE5 FlalanCuWd --------- — X 0*4 06 A— It ------------- ------ .... ------ W�..;r 7r 71 -------------------------- — ----------------------- ------ :-Zp of DW."We smn=mm DATA IMOD&. ~c -.f -u MOM Cx= 'Y ®lAGP.Wm.A91WP.EYiQ' UVWQSMN ROAD (PUB= rn_mwar FLAG NOTE3! IV ------- — — — ----- ------------ Tum LAW 4�PiRdF.1�AEw WrAil. Toc r o*o Rw mow, LOCK-UP STORAGE NaploN FL 34110 Dim MASTER PA�(ING, GRADING 16166P0 1—.Z. I—loil's =mom: 71, and DRAINAGE PLAN 1. • _260iW6 —.117, _ =mm• ^ al% �vra �Y•w"�:.t �4r.�r: f+yr uxvc-.� �.wcm+.®•s.® lm�.......�v�i•%..,: LOCK-UP STORAGE AWTEM t'+orwiaat.moe..%A% _ "— m. " W_ nwx PROPOSED PROP03ED PLAN and PROFILE STA. 0+00 TO STA. 6+00 MH -2 (MASTER) TO PS -1 "�mm w nes �we°�00Liao'�w °�% w'mra� m"C0°ow.rc"O1r ma�o •tea% na °O �eeav v rt¢ N1e•wn waw Aa woa ne tanm. wNa. STORAGE BLXJMQ 8TORAQE BULDBV4 t ` 1-10120 : x as a +.c a1a11a �ocam• m1•m, vulq r•e %.oNw1a amm� wa+-wra $ W a I.%• -L :.r .. ,.•aa� we 'i 2001.076B 1�4 0i�'4D[m TK 0O 1�M w1YM—fAY O�iL w�O 1®{I[aa. Ia1C0a ID M f•L 1lfala4 r .4a s K 1•e a m awl a R b A1C Ct%A•Cltllb 11r9NOP�f 10 rma IOa¢ 110 vWr a% oiElw 1rmlici. K w ..—o•�oa aux •E :. _ _ _ _K _ � � iV/�rewre nawwrus �vra �Y•w"�:.t �4r.�r: f+yr uxvc-.� �.wcm+.®•s.® lm�.......�v�i•%..,: 0+00 1+00 2+00 3+00 4+00 5+00 6+00 1+ov z+vu ppN[D[ rM1a]N A fN6lA �L 1106[ %s 001M LOCK-UP STORAGE VA EnL fty 34110 N: CW FL3171D Phono:d cvroad00D HOLE MQ$ FIwH•CaOmbaf pm�agxaa anAma_ _ aax�uenw.tvr. PLAN and PROFILE STA. 0+00 TO STA. 6+00 MH -2 (MASTER) TO PS -1 7078PPo1 76p' �a 4835-7 7_ t ` 1-10120 n 'gt0/ a�A-j -�� :.r .. ,.•aa� we 'i 2001.076B 7 or 17 4 h Y aux •E :. 14 14 rA ew. •E' 12 12 ... .. .. ...... ' FA. ' Aa ..' .':: oxa a ' :_ [ i _ .. ... .. aw.y: .. _ .. .. .. 10 10 r _ .� .' .. • ' .'.: ..�.:.: �. :. � .S Gab oFoo ANf '.'... �.:. .. ..... .. .. .. . .. : 8 .. ., '. .. .. ... . ... .acv ..... SAN. oaq :.: •fY � - - .. :. .... • .. .' aJNN[Lf'lRVA I�IQ �t �iCKn'GML � ��aR'WV1 awi e : , Q... .. _ a ... .. ....:. 1cE. .. �. - .. . .. .. ..' '. ;. . . . .. : - _ 0+00 1+00 2+00 3+00 4+00 5+00 6+00 1+ov z+vu ppN[D[ rM1a]N A fN6lA �L 1106[ %s 001M LOCK-UP STORAGE VA EnL fty 34110 N: CW FL3171D Phono:d cvroad00D HOLE MQ$ FIwH•CaOmbaf pm�agxaa anAma_ _ aax�uenw.tvr. PLAN and PROFILE STA. 0+00 TO STA. 6+00 MH -2 (MASTER) TO PS -1 7078PPo1 76p' �a 4835-7 7_ t ` 1-10120 n 'gt0/ a�A-j -�� 2001.076B 7 or 17 4 h Y YprYX rY N �R ee4i OYw NXT. r� IP�N�Xptle rv. �wM11R w�RMiP�XR�Xew �r� •sFti ��11f�XLw XY yuuis WNLR1R 11N��AL l�9¢MIP IPt YI+•Y4aYi�wl �wq NOTEAk sF �XN�NYL 4 �r�PyT/�[gw�Pi��b �Mw^VN�v�O�K, yM�wyvlq rvfwN iY 1l�wM . fin[ _z q�M 4N 1Y � XXw4O�wMOP109NeWa NY I11ua� rrONOftt Y[w a q�xrrs RwfuMKw w��wN NYI �fIwN WLirIX�i�YN YMI _•Y+�^ p� XXrAA9aX�LYs NnYfil�s! xwwTv�_ ��4 K YSXo�olNNLpw[�is wX NIYCw _ blsel XY�iew Mwgqt rl�X�X �YNxiXnc�iYX1�lXXv nKa�alw NL A F 1xw¢ OXi1w19 V 4N4¢ �y �x �YANY� R r4v� erNX Yxpr�wl�wa�xa�rw�, �Y�.1 wu 4TH piw�w��w�Fpr ��t x�KlRr`A1plKO.s�s u 4 M��IYtt i Ir1� peiYra ,-n�xry ,. mN-nnrnm„ ryroNl XYH�w• YFur Xwe YwF dN • 0� � w �rti� i �iYR rMYX w1: r+rcl%Y �Ie4M RwN�� NT�X�rw. w�iN i�u ��14NXi xn w gXbrw Te baXX�a4b Y uin XNN N[ Ye�N�L� WYt aloe~SILL Ns�r�Np OaN4u4i�M�y�� Vpn rm .0 e�� Yii xm� u' uwo�'�ani'wPa a � YplNsswY[fYIXXY Xe0.41NND' ieX CYeYiiX= _�+MY�W ®O�a� Y � 1R�M.A� NX XYVt Yr��e44IIXXXeX:1_MwYY®MM NlrhYq YrNxX Wrt N1'l l sleea� ! 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V¢beC _ ¢tae DDoOS_34M10 (PRIVATE) %6r lam ri DafiD Y.aw 1076P501 4835-8 LOCK-UP STORAGE F%.==2_%-= SANITARY PUMP STATION YEN N HOLE MONTES Fl.t DETAILS .exp& p nah"'ImD°"w.'zr_ X.s 2001.07 om of 17 XMXPX bu[ N/F N/F� UNPAVED AREA TRENCH 6-1 86CKFILL PJZ&L or. erE PAVATE FORCE 6161N COON NF-CTIO TO COUNTY -c `W 3E01 D.11Rff AC E' EOdt EMATION SFWEVAnOIIT DETAIL U=N* A/C PIPE - WAMALA. Ac�xum;D jam PIPE CDNFLIZ RUMiZ 210 Z 5 ARW _MmHoi r nEmL oam MU H ww-15 TYPICAL ELP.W LINE PHANNELS DETAIL sLCSION ww_G y'4'sH.Q1_E Bigi VQ COVER DETAIL W WQi Y X GkM% Pl UCDMC R M M go F.— Ww A N%*kFL34110 1076SD011 .3�-9 A LOCK-UP STORAGE mCoMZ4..Z= SANITARY SEWER DETAILS HOLEMONTES Fkdd. d tmutAsnAitzaMt W772 EYE 7"' '27 F ` f• ` f• /'.^..pS'1� � ..•Cull L'. . r.) -S,L" ..�..,�l:S,:J: ,,,�{�111!LL'L,_L' [^.".:�(,, �'i'�t1i�l � fX' _'r: �]1�'::i.�S^,ljC('- ,^_�!,J �.'�u��;0 L a .ITS+-rf:TP_?'_ �.., R217:.t7.i�'G:L7. �' i^y"71:'u�.�S.lb.::1f�PS'i'r>T'T.flr..'IG.Y1^�..f f:7f'6T�■"n'n•`-.'s...'T'Q�+�.�r.'.�_._'_TrT'LSL'.��13. � S-WI'"JL.•^,TTTC 70.Li� � t.TGlMT• •+BCCI ' 'Sii(� •:i�j'i�E7 .� ® - a[w 4rs>�>. �.�F,��:.1 ,:1 vl.d Ci,:L LI �v •� ir�n �c_.^'�.s2awi..i�=`.}""A !nom' 7nw��,•....,� �'�rs:rar �� ®w,�— - =11 OCK-UP STORAGE �1� IYIII awnl 11�a�NIP Wiefl •cola• m.• c•r•�..- naz a avr"�` roula.e aogP :ueGgl• race wa IRP:.LeN xlm " •.:' rtaomarrroro • .'tea a � �' i;:' � y/y��}�.. r. :' "�•• •' 'w(/!/�,:•: `• Wil.'•.. p ^rtSl' :'S.d� �� • "moo AWODL4Oe � �� ..F •. - .Y,'.'�t:4 .. t.. 11-.iw, ;1./ Q. xr VLVltAa anu. YWll aaae are. 1; .; I �'-' 1•::a B .. �' 11 t..— N—�I wlmaleo i t@PLF �,-.i•: - — •way ti ,",t'• ,•� '"�Y bYlfmY •: N ��IIaM mu P 1PM _roam_ !aa '• r'• � /ot .amGMfK Pa _ artll oMsea Poca.xrnou cJw acouo w VALVE PAD DETAIL L?T' Y La ��C IALYY 1Y0 OSTAI6 arr ama IWIuuIDrt'R mums Daw d ■ m. ZtO oai DIaP[ omm "k iom 9w Y10 STANDARD BADGER RECORDALL =. r1�' = •= METERS AND REGISTERS WITH ITRON RADIO READ PACKAGE AND RR „r NSF61 APPROVED FSAA W/ DISC BYPASS r ..1'^r• nwa CMS A=-4NSatMrrr arjaw RBSPON51a/L777' e MEN ..1..�. ..• tw.nn• IR I>w. .nw. 8 p w+ kaaime n4sCN A � aL ucaR xa Rpa f LOCKUP STORAGE aY1m M a.n. 0.50 aam Wy' rnaN(MV)�oo HMEM�O�S aeurm WATER DETAILS I2 of 41 � � Y+ rtY v!6 T1Tl'Y Ip. 1.76Wb02 4835—ti •c,w amrw 200l.07S6 71 of 17 o po t as .wnn gE C H a`r..anowra j(,',, LLJRV r- .cro � arQ n®r awc mu aor a Yux a .m.w nwra.ne. I� .wrYe n�rw a¢ s.c mai � �� Tran I• penYo rr arrYq � w "T NKlier.evt� { w •Toamiz a n r.miws tuaa �,�wr we rwNe wm rcr coP.rx rm. m..o mryN E E nw� oe.awer s®ems umw mYw n...c w:.....c m l NRtvMmwlCG Yrml mWm.m YY rYfnI TuGR L � m �c':mwroio co.l wm msw m nYm Wvv Cwl enroY , tl 9 WrOMAM WATER MR W_2 FL U6HIN0 DEVICE DETAtL �� i .. E [[S �� w rw pGYImO IILuI A WIG PL ll0616C Yam ]� ND!A EnaaownY i mro 7 % cpm..F w'r 10765VD04 4835--19 LOCK -USP STORAGE �MM2M•20 WATER DETAILS raw ,°.o. HOLE MONTES Namao.M.ADd (4 0} 4) °1n "' AuiWLW.Nntrn wx 2004.0768 131,17 ...m. a� ------------- SEC_UON 'A -A' M 7—� '7 SECTroN '61--61' e.rw+ec—j I rl vrdlY ^O1O�P yl W�000 �Mt mom° --- ECi10� LOCK-UP STORAGE 1lep. = Sfc}7„Qtf A -A vaeno� vmm rrc � R.�� W; /►SR TYPE 'C 4PTCH 9ASIN AN WEW e'eM�e YlSW A GIIIWy PL 11mKL IO W.]0 =Ero *Wer ww, w. �W a of�+� PAVING, GRADING and DRAINAGE "�to7soo01 4836-a4 mm;C.". DETAILS (1 of 2) �^° Mg.k.Ibn Ph — 20D7." or 17 ��•e1etw mmsaw a"i �•u• w 0 % O o o O L 0 0 0 O TRUNCATED DOW PLAN YM ,K.a+arw. ...ems CURB RAM; Di =A= WARNING DEWL r_r Ynt Y +YAOIpR 3 Y ' "w' atartiatOt +% • tm. atwY TYPE 'E' hiONFIED CURB n]G Cm W. 'A.OR •r. th• ». +a TYPE ,p�URB � attc.�K YA906 .w yr e'. YorC "mmpsari anaean' TYPE 'F' CURB [wnR Prrea Ru» AOS 714._ . -all au rr""Y� Kor:rrm we I �onQ rael N..A^`E_ n.• S_C�jON 'G—G' ata SECTION 'H—H' Yt� + 1/t a.Ktar Yei s e Feat m y� r mnpm 1Yao�er + I -1 YmOOf .�wem eaaae TYPICAL AREA Ppyt; ml sECTtON TYPE 'F' CURB KS4 • Tp• �.ma. �rgg��1ea^F43 R +i: r aunty p yr w ram .AW r L PARKING BY r DISABLED L PERMIT r lal aaNnxrr ONLY "l. � susmo awr.exo �. q S?% .. ` : ""'-"•.e+;""`; aw.nw •,rmirac - 5250 FINE y Co P • Y•e` ,. u ro.ea. f rYr�m-a) watt tr.s CYNSS: BICRON a."..n,Y: wa .ta®e. mr MeC PARKING BUMPER OrrAlL .. a.na renmr (Nv�M awt rwc analtwon.+me� um eM oum DISABLED PERMIT SIGN •xa. InY t r RY gig.L's� SON 'F—F' SECITON 'J—J' HANDICAPPED PARKING SIGN er'Ni101•na, v""°'iac r`—•Y awc n� k.iiair e�ae *a'� eus nes eYa.rac A•rwwtwewwm wm amc x.ea..am.uea rxem aea SJANRpRD g HANjTICAPPED PARKING SPACE DETAIL Ku .v roar lmva+Y rNgltlAl Y.LSr ti CaaOt r,L IPOA[ Ip .aY>Y Well LOCK-UP STORAGE VA Ee.ae M.r "` N.pt.a71 1tD PAVING, GRADING and """""— 1076DD02 4546—t5 d,,,o a Pham. R9P1z.4 FIOLEMONTE41 R.N.CaM.aa DRAINAGE DETAILS (2 of 2) voclumommommomAv0"e�°^N°•fTT' rc 20OT.076B 75 or T7 u rr�o m*w uanu�ir .moi. mun � T.la Iwls.r.wrn � w•.w.l®arl nn y CONSTRUCTION CF AMEX BARRIER . �ssysma. a n.wr.rm CONSTRUCTKIN OF A STRAW RALE BARRIER a. LOCK-UP STORAGE -":.,i _A w EROSION CONTROL & SILT FENCE LOCATION MAP G6AE7tAL HQ_M L NL Mi 0C il/if �R1aat��fllppR�yy�L�� Q dwlL ON Ill A -am" wMIS OYW m T� T0C �LI1Ta1 GNII[dlr Ya w:ltSpCq i 0°a�mr.tum� w�0clnnr 'mXw w lvs�slmw wwmol w mrlrerme. > onne rmsTmoX. As ee\vw>t r Tmml mlXn fww f111Y.�tlL' 'YMA'L 010Y0 �pb�sClllawl lllC w1lL R TIC Mwf{pillnpf�frpR.Mvm si�w�iiwnel �� ~II�mer w1110wR 111[�IICgNOT®W�- ows ,us Tsverm wn ammo Csamm � T IIGC 1/I�peC fY1wNL MpMO IR111dIIbMXOC RIP RAE PERRdETPR SKIRT .SOD DROP INLET POO MON I� � r.w W -. 4 CO TI STRAW SALE DROP INLET "' SEDN% FILTER T+rlGlle M.w' X A e.TG IL UCIJCJC Ts Nsb 55orvlwea WTY ,Ins t wnt wn sslw.w N40MFLX 18 EROSION CONTROL t07;mDI 83 -1B HOLE MONTES P F4lauco�mwe�ai DETAILS.w w. AaTatramn No.fm. _ _ 2001.0768 17 mb.M.Am LOCK4W eta ; r1+-r'� —rr'r r ".,�L,`:5'. w.r i•r ..rya w•M�+,rtr.Www.'w�rl��.ww� wfNl+�v.r,�ii �y�ir.��'•r rr�ray+w.rq.. _ rr.r•rw.r lVl abrW i F, NNFy ta•Iaalty •..tWaau. _ _ t a v.r ,.n.r.-.• �Nrr4P.r,aCga!•..��;: J _ _ rr �Yw.r.wrw.r.,...r.rr...r.+•+..�... .�wr..ww+' ....•«w.r�a.. °`'�s"�"`�:+.+.-.....,.. � r�.w�......+.r e.. �wr'r`-•a..+,.�.....a.,.-rrrrr..e.+r..n ,'. :.r..+�«:""'".�::5�.::......... ��•«.w.—,..,•..r.w..y.—n..........r.�...rww.........rr..w.a...a.+..n . ww+...•e......r.r. r• ..w.. w :,,.._. ..... .._ - ...- ... �. .. .wrr.�..aw.ar�- _. .._ rw•.'wnww.wy.rw�.•u ruw�eu.-r � _ .�.r.w.+�rrw+�M.••,•r+,r,i•. +r+rwM+w4+.rr� aw - - ,•r..T•rr.wr CAMgif/.TONptlLLllnpM WGWYIW Rlrl p rue awy.nwas n..twry. CStRAL9tH POIW 1 W kRMM�01lDtar CV GYtR�b10,OLLvr10M RL�O�Ri W i W i avQRl01aM roLLVT1rn1 pIRY0�9 W AM a�.y®,empm,.a,.,aa.ar,.ya�r4. .s+Li.'r�w:w..:``c ew •�•.. r..r� r.. rr. y. r..s nrna.rr o.. yt:---- F wmxmn >as� . etaei, rt utak... aaam ,�, e.K ^*""��°°� snmmAnMomra�wmc nyrut"�ym Cuaa7ASnlamFItaCmOdD eea1waoasr8xrePr ea )t aaa8z4&35-17CONSTRUCTION POLLUTION PREVENTION PLAN 2001.0768 17 of 17 0w°^ 0++10 LOCK-UP STORAGE Hm Phne,=) HOLE MONTES Lock Up Storage, Naples, Florida. le, IN 40 P. 13MlP1�P.V°W P..wrNA. kn a AA..wlYhln VNn.w Yw .+°�q tb Na,yML.P WPIP..MI.F.r.M n m t m.rta. a..p. w..,.atp w lomtaL u s, a`.rmtiPw.a cuaypPPMN m L TMMW.NA.IIOArw Tx tPaSa.t M tIA1Tu -.Mr dm 4.p /A.9. LuowvoM.ro NMAgl6.mw.–Wi.Mi.NA e a.ro.crro. o...Nt.M.w E M mnr.eA m�pw MPanroMr�.r. aMOItMW.r w 1nJ1 ..c M', 109h Y� 7P+SICpI 4 Tri GweA s Aw. —_ —� --_—_—.aa=--"-� Y T. IMM P.I Ia. b.i.as... G W Y'�SpMa3'.Pdw W h �IIAoq. 4WIM" � >ti tYu{{y.y Alyngq,Aw. .v,SS.�j,7p 1tia f.•.13� b M �ANaeYOCMNNIMW311PY W tP,3 i q Y PMT foYy.s T.,n".A M Y.3 }L tAbl.lweuXW l.. IS,tpi ■ 0 OW"M.NJa.P T�m1..r.rrn..la 4. AYTpl t.m.ra T!3 P�tp�Na,w11:Yg0>plw pNq Lock Up Storage -'9- DALE A. SLASAUGH 6 Deign Dy. pAs y w Livingston Blvd. Naples, Florida INC.ASS S. 0— Dr. Dns Ej umrcfrs AS S. N P.r+wmw LANDSCAPE PLAN Awa1_wsw ra+N�wrN. Scale: I"®40'-0" WPIP..MI.F.r.M n ' TSYII+IY�u.�ta. Tewwwr ��Im�^Ata Sy II A`.u..rtr�wrrrrN.r,. 1 3. ASwT++:rnrr.. A�-------3]'m==J=–�___________=� Z.v1�==�•r— wr. Y.,...rPY.i... =____=====KA ----.-_---------------_----- p—,- -.`.—= —_ —� --_—_—.aa=--"-� — m.`.e— _----- a Q� _��--� ---:r �.—..=__ - — .---- —�N J — — — — —dqA -- —•–_ &No 4TOPACC 57ck G= WI ..If. ,...,, -------------- � 7PI3[EMR AAM ----- - wT x�3Jz3 .PTn Lock Up Storage -'9- DALE A. SLASAUGH 6 Deign Dy. pAs y w Livingston Blvd. Naples, Florida INC.ASS S. 0— Dr. Dns Ej umrcfrs AS S. N P.r+wmw LANDSCAPE PLAN Awa1_wsw ra+N�wrN. Scale: I"®40'-0" INDEX OF LIGHTING PLANS SHCLT N0. SHRT cc-ImPr1M 4l Ker SHEET L.., FUTURE SCHrDULE MD RDTES W UGHTIMG PLAN L"Wr SHEETMT L-0 TD L-5 LIGLRG AND PHOTOMETRIC P[M PLANS PREPARED FDR: RRR DEMOPMFM, LLC SOD FRONTAGEROAD NORNREL4 IL 60093 CAYCRMlNO STM DS MD SPrcrrl=I . FORMA DCPMrNCNr DP TAANSPoRTAFIW. DEVOR STAIIDAWS DATED :716. MD STANDARD SPrr MATIMS FOR RAW AND MD" LS CMSTRTJON DATfa VIE. AG AMCNCDCD DY HTAACT pOf11NLMr5- APPUCADLE WSIG . A#OARDS NODE/1CAfIOMS: roes°pn">�+.c±r'a°Qr°r,°Tin °Qra�w:i�'ry�" eerirt HIpJ/.w.OW.Yaell.uVNtleyyv M COLLIER COUNTY LOCK UP SELF STORAGE -- MP MWALSLS.L CPUD !CC ORD 08-34 SITE LIGH77NG PLANS KET SHEET` REVISIONS t IP Ira UGRING Srml DR.•MfMWS TO K SUmIJTTLD TR TAfDILCOCK CMSMTING SOWTIMS. PA M. PIPER DU SUIrf .O: MAPLES FL 71110 PLANS PREPARED IH: 0 1 2 N1E5 ireoncocu �t plannino•enefecerinc IVS PWR OLYD SURr :0: NAPIr& FL 71110 TREBILCOCF CMSWIM SOLUrJONS. PA CMM G1M W A "WNZ`AM4 Mo TK 0.0— ]]9 SO 0551 FAA.—.79 SW 9551 WE. THC STALL Or MM PLANS NAY HAYC CHANGED LRK to ACPRODYCTIM. •fix o�SS PLANS ISSND FOR Jp SDORIrlAL: !0.17.16 NomlanJ.Trebilcock"°-�-^^�*�°�r•L�^a ( jr; P.E. 47116 .A iPo\ =r•re oA tWe �'mCj •nn'1'T`�iL �`5 LKiHflNG PUNS 'h�h�nwlPN. "'.c'. DF Aram. NORMAN 1, rmoncOCK NCP. PC p}T.Ys\rtrwE.9s1 PC Aa 11)16 .��Mwwwi+r.�w FJSC/i SHCLT LIGHTING FIXTURE SCHEDULE MANUFACTURER ORDER INFORMATION NTS OTT LAMP LUMINAIRE CATALOG NUMBER • VOLTAGE MOUNTING REMARKS UTHDNIA 9 LED 42 ASI LED 42C J50 SOK SRZ MV DDSYD MT POLE UTHONlA LUMINAIRE (SINGLE) DECORATIVE FIXTURE DN METAL POLE AT 18 FT MOUNTING PLANS ISSUED FOR 1009: SUBMITTAL; 10. 13.16 SHEET N0. FLV7'URE SCHEDULE & NOTES — HEIGHT ON CONCRETE FOUNDATION. UTHONIA I LED 42 ASI LED 42C J50 50K SAE MV DDBXO MT POLE UTHON/A LUMINAIRE !SINGLE) DECORATIVE FIXTURE ON METAL POLE AT 12 FT MOUNTING HEIGWT ON CONCRETE FOUNDATION. LITHONIA 24 LED PJ WST LED PJ 50K VW MY VG MT WALL UTMONIA LUMINAIRE ISlNGLE) WALL MOUNTED FIXTURE MOUNTED AT IS FT ABOVE MOUNT FINISHED GRADE. PROGRESS 5 LED P5615 XX JOK 120V 90 MOV WALL PROGRESS LUMINAIRE f"GLE) WALL MOUNTED FIXTURE MOUNTED AT 7 FT FROM THE MOUNT BOTIOM OF FIXTURE TO FINISHED GRADE. LITHONIA 4 AFN AFFIJVM EMEAG 1201VF WAIL LIThUNIA LUMINAIRE IS/NCLE) EMERGENCY WALL MOUJVTED FIXTURE MOUNTED AT 8 FT MOUNT ABOVE FINISHED GRADE. UTHONlA 6 ALAI X14CNLED 20C J50 MK SR2 W DDBX MT CANOPY UTH0NIA LUMINAIRE ISINGLE) DECORATIVE FIXTURE RECESSED IN CE1L/MG/BLDG CANOPf MOUNT AT 12 FT ABOVE FINISHED GRADE. DR EQUAL PER ALT£RWATAC NAAUFACTURER GENERAL ELECTRICAL NOTES. 1. ELECTRICAL WORK SHALL 8E IN CONFORMANCE WITH LOCAL. STATE MID FEDERAL CODES AND ORWNANCES COVERNANG EL£CTRACAL STSTEMS. AS APPLICABLE. L CONTRACTOR SHALL V£RJPT LOCATION OF PROPOSED VTILIr1ES. ANO MCAT= SLEEVES PRIOR TO DRILLAW POLE FWhoAr.VN MINLW POLE LOCATUN YLIDIFCArAONS MAY BE MADE BY CONTRACTOR IN THE FIELD TO AWID CWL=. MAW POLE LOCATION MODIFACATIONS SHALL REAPPROVED BY ENGINEER OF RECORD. S PRIOR TO PUFOYASmG £IECTR.CAL EQUIPMENT, SHOP DRAWAOS SHALL BE SUDMRTTED TO ENCANEER FOR APPROVAL 4. UPON COUPLET4W Or THE PROJECT CONTRACTOR SHALL YJPPLr ONNER ONE SET OFAS-BUILT SNOW DRAWINGS, sht)whc ENACT ELECTRICAL ANSTAUATKNI. 9. FUSE MOWERS IBLLSSMAN TAW IN-LINE FUSE HOLDER WV FNM 5 ANP SLOW SLOW FUSE OR EQUAL, SURGE PAOTECTORS fMINT ENTERPRISES LN -LINE TYPE OR EOUAUAND OAOUND RODS M'8'.V IO', COPPER CLAD. MEASURED 25 OHMS OR LESS)SHALL BE PROVJDED A7 EACH L04T POLE FIXTURE BIOSE, 6. PULL BOXES SHALL LIE W-GROLNO TYPE CARBONS 1419-40 BOLT DOWN 7 COVER 10R £WAU. T. CONTRACTOR TO SUPPLY ENGINEERED FIXTURE, POLE AND FOUNDATION OESICN SCNEDISEALED BY FLORIDA STRUCTURAL ENDINEER TO THE REQUIRED DESN7/ WAO SPEED. 8. SIX f6AFT MINIMUM CLEAR ZONE FRIM THE STREET LIGHT POLES TO THE ECCE OF PAVEMENT AND FOUR MART FILM FACE OF POLE TO 84CK OF CURB OF LOCAL STREETS IS REOUIRCO, N WALL MOUNT FIXTURE B WALL MOUNT FIXTURE C POLE MOUNT FIXTURE PTs LOCK UP SELF STORAGE NIA I COLLIER ' NIA WALL MOUNT FIXTURE D Nr, CEILING/CANOPY MOUNT E „y<w�Iy NTS .nt< W•< nIORT1dR J. ' �A{ orwTc n Iwo Trebilcock P.E,«_. aw-:M ...s.. �.�,�2=:°%osc• "+u�%n�tcw• 47776 NORMAN TRESILCOCK, A/CP, PE NO. 47116 TCS CERTIFICATION OF AUrHORTZATlON N0,27796 PLANS ISSUED FOR 1009: SUBMITTAL; 10. 13.16 SHEET N0. FLV7'URE SCHEDULE & NOTES — I I I I I I 1 1 0 20 Ioo III I � Feet �illlti1111�� Iilllffll�if I row. urraa xv+c. uv.vrr I I I 1 I I 1 I I i7 _ I I 1 L-4 1 1 I Is I I I I 1 I f I — 1 1 I • 1 Jgs - PWtlrIpiM�.al.tl.prR J. ,_, ;Norman L-5 I ''[ a Treblicock RE 47116 AOR14AN TRESILCOCA. AICD, PE No. 47116 TCS CERTIFICATION OF AUTHORIZATION 190. 27796 PLANS 155VED FOR 100% SUBMITTAL; 10.13.16 ALY1510A5 �r ®® Treblleock /OX UP SELFSMRAGE srr� rcfrr�vc, ,LIGHTING PLAN SHEET W. .n �� . L-3 DIaD r'.10 eDAPV.9 FL 11750/ARA ACVO. SVIFr :O: NAOIFS FC 1d770 LAYOUT SHEET N/A COLLIER N/A wX+..�iLeo�tb�yM. TTeSilcockP:E 477'16^+ qu.�iwq,+.aaror NORMAN TREBILCQCK. NCP, PE Nq. 077!6 'TCS .CERTIFICATION OF AUTHORT7ATION mi 77796 PLAYS ISSUMFOR IOOK SUOMITTAL' 10.13.16 LOM UP 9ELF57MAG6 SHEET srre crcl vvc LIGHTING AND P1IOT7OJMEMC No; apro Np. CWn>t' r7nAMClaI Mon—, IQ --I .N/A COLLIER NIA I A -AN B ®QQQ B B © O !0 so Feet V lit uu 4 " 2.4 U[ MI o 'u NUM I r ROW LINE A `pT.`�GLi�`,f•,.O Ny/OMA, �ra Norman J. Trebilcock RE 47116 NORMAN rRESILCOCK. ACP, PE NO. 47716 TCS CERTIFICAT)ON OF AUTHORIZATION N. 27796 PLANS ISSUED FOR 7007: SUBMITTAL' 10.7.116 IONS Loc UP Sp"SM%ACE Er S"NO A♦RCVlu Y NAA\ ,) VehileoCk SITE LIGJ9771VG LIGHTING ANIS PHOTOMETRIC .�� CENMt /ti(MCIAL •�fOJ[[T fV L-5 p1anRing-90pfact rfo0 TMi PfFCR OLVD Wlif :0: NA—I . JI))0 PLAN N/A COLLIER N/A C�s�aree0ettkiper;ConuaclorRepcese�a tib SVroture FormYApWe.tA 4 • Dain Form 3740 Rev. 08/15 Page 8 of 8 EXHIBIT 6'09 FPL, NOTIFICATION OF FPL FACILITIES Customer/Agency Date of hloallior nlad Davaloper/Contraclot Name Project Number/Hams: Location of project C?ty: FPL Representalhe KOO: Do, abper/Contrador Representative FPL (York Request #Mork Order ii: FPL cats your allentton to the fact that there maybe energized, high voltage electric Ines, both overhead and underground, located In the area of the prgoct, Ills Imperative that you visually survey the area and that you also take the necessary steps to Identity all overhead and underground fadhlos prior t000mmerift construction to de!armrie whether the construWon of any proposed knprovements will bring any person, tool, machinery, equipment or object closer to FPVs poww Enos than the OSHAIxescnbed Wits. [fit who, you most either redoslgn }roar prgect to shit it to be built safely given Oce pre-exls6ng power line location, or mako arrangements with FPL to ether deenargize and ground ourfadFues, or raoca!e them, possibly at your expense. You must do this before allowing any con structlon near the power lines. it islmpossdefor FPL toknow orpredidwhetherorrot the eonWV..orsorsubcontractors, andtheir employees, w3loperate or use crones, d'Qog apparatus or other mobile equipment, or hoW'e materials or (W -s, In dangerous proxirnity to such poser lines during the course of constadon, and, Use, when and where. Therefore, 9 I b000mea necessary for any contractor or subcontractor, or Melt empoyees, to opera's or handle cranes, digging apparalus, draglnes, mobgo oquipmenL or any o'•her equipment loo's or me'•erlals in such a manner Thai they afght oome doser to underground a overhead pacer itnes Than is permitted by local, state or federal regulations, you and any such conbac(or or subcentrador must notify FPL In hyklq of such planned operation prior to the commencernent thereof and make air necessary arrangements %sM FPL In order to carry out the evork In a safe manner. Any vioik In the vicinity of the electric lines should be suspended until those arrangements are Onal zed and implemented. The National Electrical Safely Code ('NESC') proscribes rrdnlmam clearances Ilial must be malntalned. If you build your structure so that those clearances cannot be malatened, you maybe tergdred to cornpensalo FPL for the relocation orour fad:'ales to comphy with Ouse clearances. As such, you 0Wd contact FPI. pdcr to oommendrg oonstrudion near pre-existing underground or overhead pourer Ines to maks sure that }rout proposed improvement does not Impinge upon the NESC clearances, I l is your rosponsiNrjty and the responsiclTity of your contractors and subeontradors on Oars protect to dligenlly fulfill the following obligations: t. Make absdutety cefta'n that ail persons responsible for operating or handtog cranes, d.g9!rg apparatus, dragiines, motile egtdpmanl or any egJpment, tool, or material capabe of centadhg a power Ne, are In compdance with all applkaWe state and federal fegulatrons, Indudog but not him.lied to U.S, Department of Labor OSTIA Regulations, while performing theirwcrk, 2. Ualke sure that all cranes, digging apparatus, dragilnes, move equipment, and all otheroquipmdtl ormalerials capable of contacting a power line hays altadned to them any warning signs required by U.S. Department of labor OS(IA RegUalloes. • 3. Post and maintain proper warning signs and advise all emptoyeas, new end old alike, of Ihek obligagon to keep themselves, their hofs, materials a rid equpmenl asay from pottier Inos par the folae'ng OSHA mrdmum approach dslances (refer to OSHA regulations fa restrlc0oms): '_Poser Line Vdtaeos "personnel and Equipment Cranes and Dairich Travel under or near Power Unos (on coostn"M sites, no loa�j (29CFR191(1333sr0929.6)0) (29CFRiMI407,140ih (29CFRi923.E40—Equipment) (1920.1411—Cranes and0aukks) 0.760 voles 10 Feel tO Feet 4 Feet 4 Feel 751.50,000 Valls 10 Feet 10 Feet 4 Feet 6 Feel 69,000 volts 11 Feet 15 Feet 10 Feel 10 Feel I 15,000 YOU 13 Feet 15 Feet 10 Feet 10 Feet 138,000 gots 13 Feet 16 Feel 10 Feel 10 Feet 230,000 volts 16 Feet 20 Feel 10 Feel 10 Feel 500,000 yo.is 25 Feet 26 Foal 16 Fed 16 Feet 'When uncertain of the voltage, maintain a distance of 20 feat forvoltages up to 350,000 volts end 60 feet for voltages greaterlhan 350,000 voles. "Forpofso elapproachryInsukledsecondarycNAAVrslossthan70volb,evoldomkYA(ttalYentOFeeltobareererghedcwdudorslessthan7601iv:s).For quallmed persorotJ and krPbW eertal Iii agripamnl mea ft (egkamero of 29 CFR 1910.3)), dstanees may be neurod to O,ass siwrm to 29 CFR 1910.333 Tabis Sar. 4. AN excavators are required to contact the Sunshine Slate One Cal of Florida, phone number 1.6MA32.4770 or 811 a minimum of two viwkJng days (excluding weekends) in advance Of to snsure fad.M are located accurately, 5. Conduct of Ioca6ons and excava6ans In aocordance with the Florida Statute 556 of the Underground FadTAies Damage Prevention A Safety Act and atl local city and county ordinances Ih at may apply. 6. Whan an axca ragon Is to take place withIn a tolerance zone, an excavator shag use increased caution to protect underground facilhGes. The prdection requires hand d':gg'ng, potholing, sofidgg'.ng, vacuum methods, or similarpromhores to Ide"undergeound WW. A copy or this notification must be pro hded by you to each contractor and subew1ractor on this project, to be shared with theft supervision and employees prior to commencing wok on this pfgkt tkambywh!chMnot cawfiwas p:bMedtoaAffer*aft conbackr Adirass y� FPL ReprMAFa6ve Si3nalvro Dale C�s�aree0ettkiper;ConuaclorRepcese�a tib SVroture FormYApWe.tA 4 • Dain Form 3740 Rev. 08/15 Page 8 of 8 PROJECT: Western Interconnect — Livingston Professional Center Tax It7 #00258974001 Accepted by BCC pursuant to Resolution 2010-39 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS that LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company, whose post office address is: 719 Hickory Road, Naples, FL, 34108, hereinafter known as Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, as Grantee, the temporary license and right to enter upon the lands of the Grantor, for the express purpose of: Facilitating construction of wastewater facilities, such as to staging of piping, appurtenances, and trench excavation and backfill materials. ALL RIGHT AND PRIVILEGE herein granted shall terminate one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project, whichever occurs first for the property described in Exhibit "A." ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A". Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this _ _ day of , 2017. WITNESSES: Witness (Signature) Witness Name (Print) Witness (Signature) Witness Name (Print) LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company M Thomas M. Taylor, Its Manager • STATE OF FLORIDA COUNTY OF COLLIER The foregoing Temporay Construction Easement was acknowledged before me this day of . 2097 by Thomas M. Taylor, as Manager on behalf of Livingston Professional Center, L.L.C.; a Florida limited liability company, who Is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of x riots sea - _ (StSnature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: Approved as to form and legality: Jennifer A. Betpedio, Assistant County Aftmy EXHIBIT IN A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13,. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE' PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER. OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN Sff l 5'370E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N89'23'53"W ALONG THE SOUTH LIFE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO THE A POINT 120.00 FEET WESTERLY OF,. AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY 'OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S00'15'37"E, PARALLEL WITH THE EAST LINE OFF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 THENCE RUN S00'09'4TE, PARALLEL WITH THE .EAST UNE OF THE SOUTHEAST :QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.00 FONT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSINGTON. PARK, PHASE THREE -B, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S89'50'13"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N00'09'47"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST .QUARTER OF SAID SECTION 13; THENCE RUN N00'15'37"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSINGTON PARK PHASE THREE - B; THENCE CONTINUE N00`15'37'1N, ALONG THE BOUNDARY OF KENSINGTON PARD PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S89'23'53"E, _ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, .FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. INSTR 5453459 OR 5435 PG 3562 RECORDED 9/29/2017 DWIGHT E_ BROCK, CLERK OF THE CIRCUIT COURT, COLLIER DOC@.70 $0.70 REC $52.50 • • C7 4:08 PM PAGES 6 COUNTY FLORIDA e Wit . e C ,0 1 PROJECT: Western Interconnect -- Livingston Professional Center TaxiD #00266974001 Accepted by BCC pursuant to Resolution 2010-39 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS that LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company, whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCK UP — TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is c/o A & R Management, Inc,, 840 Frontage Road, Northfield, Illinois 50093 thereinafter collectively referred to as "Grantor"), for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, does hereby grant unto the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVT RNI�POAIRD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, Arho!6sp)� e 8fj�s is 3335 Tamiami Trail East, Suite 101, Naples, Florida 341-foo's rantee, the ary license and right to enter upon the lands of the Grantor &ar e express purpose Facilitating constru`ctioof Piping, appurtenapce ,fare )staging of materials. ALL RIGHT ANDFe�f! E er'eir r ted hill t rminate one year beyond the offidal acceptancee_pu fIC mp ems �t�e Board of County Commissioners of Colliety, Florida, or on mp ti the project whichever occurs first for the proper'bed in Exhibit "A:'�j � ADDITIONALLY, ad Interest 90 �v hereunder are conditioned upon the reasonable exercise thr]by�i��Gpt�e agrees not to unreasonably interfere with Grantor's use of the Ian 13e atr6hlbit "A". Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence, IN WITNESS WHER�OF, executed 'n its name this 22 W1TN ES: Wlness #t (Signature) nlr H- M ut Printed Name of Witness #1 Wt sa #2 ( nature) kpp( ftne_r.5 d Printed Name & Witness #2 the Grantor has caused these presents to be day ofSe��'r�nr�F�t 2017- 4 Jr 0'17_ LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company BY: _ Thomas M. Taylor, Its Manager j OR 5435 PG 3563 I STATE OF FLORIDA COUNTY OF COLLIER The foregoingTemporary Construction Easement was acknowledged before me this Zi�`' day of . 2017 by Thomas M. Taylor, as Manager on behalf of—Liviridston Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day oflhM��" 2017. (affix notarial seal) `AYLOR JV LLC, limited liability company By: A & R Management, Inc., an Illinois cor oration, Its Manager Witness #2 B -SS -/o ftG L c1 ^J-/> Printed Name of Witness #2 'Pu • • OR 5435 PG 3564 I I STATE OF ILLINOIS COUNTY OF COOK The foregoing Tempora nstm ' Easement was cI owled e �p_� before mpis day of , 2017 by �+'" the o A & R nagement, Inc., an Illinois corporatio , as Manager on behaff of Lock Up — Taylor JV LLC, a Delaware limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this C22: -day of, 2017. (affix notarial seal) OFFICIAL SEAL ame or VU= ruonc� JUDY ANN RIGHTER T I • NOTARY PUBLIC, STATE OF ILLI OIS a i n My Commission Expires Sep 20, 202 M C i o i s. Approved as to form and legality. �O BVI' OR 5435 PG 3565 is EXHIBIT "A" THE WEST 125 FEET (FLORIDA POWER AND LIGHT .COMPANY EASEMENT (OR BOOK 429, PAGE 354)) OF THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST .CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°15'37"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST SID SECTION 13; THENCE RUN N89°23'53"W ALONG THE SO 1yb THEAST QUARTER OF THE NORTHEAST QUARTER OF CTION 13, (STANCE OF 120.01 FEET TO THE A POINT 120.00 FESTERLY OF, AS S RED AT RIGHT ANGLES TO, THE EAST LINE OF T E TER S ID SECTION 13, FOR A DISTANCE OF 120.01 E TO T 12 .00 E WESTERLY OF, AS MEASURED AT RIGHT A T F THE NORTHEAST • QUARTER OF SAID SEC 10 13A T EE W ING OF THE PARCEL OF LAND HEREIN DES SO ;3 _ PARALLEL WITH THE EAST LINE OF THE N. HEAST QUART O S ECTION 13, FOR A DISTANCE OF 1321.49 T TO A POINT T OUTH .LINE OF THE NORTHEAST QUARTER AID SECTION CE RUN S00°09'4.7"E, PARALLEL WITH THE EA OF THE S ST QUARTER OF SAID SECTION 13, FOR A DISTANC E MOST NORTHEASTERLY CORNER OF EATONWOOD LAN .0c IGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSINGTON PARK, PHASE THREE -B, ACCORDING TO THE PLAT THEREOF RECORDED. IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S89'50'13"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B, FOR A DISTANCE OF 390..00 FEET; THENCE RUN N00°09'47"W, ALONG THE.BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N00°15'37"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSINGTON PARK PHASE THREE - B; THENCE CONTINUE N00`15'37"W, ALONG THE BOUNDARY OF KENSINGTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176,24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S89°23'53"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. • OR 5435 PG 3566 K] K] 0 ALONG WITH, APPROXIMATELY 15' ON EITHER SIDE OF THE SOUTHERN EASTfWEST LEG OF THE PROPOSED 8" FORCE MAIN, AS SHOWN 0400 Tf- BELOW: P%u-�nr' �'Tavf�." 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IiEiEdN 6ES61M9FA. GOWfAIt4HJ0 14,!!9037 5WARE FEET, otrr +w.i4 MOLE MOtMT65. W- CERTIFICATt OF AVTHQfMTICN NUMIFR L9 1772 *' A=4_ gT.— = r OAA / Fpf r w�.xacttYis TNOYAS WL q f11 SLATE OF F1:lJtaIQA �aswasasvr Q� 1MIApJ 411E .K of. Plank fllf-4300 SjiElGlr1 AMiQ LEGAL OWGIM1QM --.— • • Best Available Image wastem k"Wonned - uWagwo Pro • Liftston Prolesslonal Center Tax ID00025W400i Accepted by 80C pursuant to Resoludon 2010439 DONATION AGREEMENT THIS DONATION AGREEMENT (he.m1nafter referred to as, the "Agreemenrl Is made and entered into by and between LIVINGSTON PROFESSK)NAL, CENTER, L.L.C.9 a Florida limited liability company, whose mailing address 710 Hickory Road, (Naples, FL 34108, and LOCK UP — TAYLOR JV .LLC, a Deb ware.limited liability company, whose mailing address is c/o A & R: Management Inc., 800 Fronde Road, Northfield, Illinois 60093 (herehaftroollectivply referred to as "Owner"}, and the BOARD OF COUNTY COMMISSIONERS OF COLLIERI COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND: AS EX -OFFICIO THE GOVERNI IiIG BOARD OF THE COLLIER COUNTY WATER-SEWEROISTRICT, Its. suntmeems and I assigns, (hereinafter referred to as "DistrIM, whose mailing add.re . im Is 33.36 Tamlami Trail East, Suite 101, Naples, Florida. 34112-5356. WITNESSETH: WHEREAS, District has. requested that Owner convey to the District a perpetual, non-exclusive easement for the purpose of access, 1roftilation, and maintenance of utility facilities and other utirdy appurtenances, over, under, upon and across the lands described In Exhibit W (said easement hemirmfler reftW Into as theoUtility,Easemenr and said lands hereinafter referred to as the "Propertyl, which isiatted4led hereto and made a part of this Agreement, WHEREAS, District has requested that Owner grant to, the District a Temporary Construction Easement for the purppw of 80',00" and right to enter over, upowand across the lands described. in Exhibk.".W (said Temporary Construction. Easement hereinafter referred to as the "TCE"), which Is attached hereto and made a pert of thi a Agreement; WHEREAS, District has requested that Owner grant to the District arion-wolusive easement for the purpose of ac ceW installation, and maintenance of utility facilities and other utility appurtenances, over, under; upon and across the lands described in Exhibit "C" (said easement hereinafter referred to as the e "Livingston Utility Easement"), which is attached hereto and made a part of this Agreement, WHEREAS, Owner desires to convey the Utility Easement the TCE and the Livingston Utility. Easement to District for the stated purposm, on the terms and conditions set fbrth herein;. and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the District for the stated purposes, on the terms and conditions, set forth herein, said terms including that no compensation shall be due and payable for the Property requested by District and NOW, THEREFORE, In consideration of these premium, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as ftkme: 1. Owner shall convey the Property via the Utility Easemerd .and .grant the TME and the Livingston Utility Easement to District at no cost to the District, unless otherwise •: stated herein. 2. Owner shall grant, at no cost to Collier County, an easement to allow a 10 -foot wide bike path/sidewalk generally along the existing FPL service road and within the Utility Easement upon the request of Collier County. The location of the bike pathlsidewalk shall be consistent with the alignments for the County's proposed bike pathisidewaik system. The bike pathisklewalk shall be located within the Utility Easement. Construction of the bike pattttsidewak as well as Installation of any associated landscaping, shall be the responsibility of Collier County, I Asset forth in the Utility Easement, the Owner shall grant, at.no cod to District, a 20 -foot wile easement within the FPL easement to accommodate. both the relocation of the existing 84nch farce main encroaching on the property a" the Livingston Road frontage, and a new 24 -Inch force main necessary to c om*d the North and South Regional Water Reclamation facilites. The Dista will not credit or reimburse the Owner for connection costs. If the 8" force main is not relocated by the time wastewater service is needed by Owner, Owner must extend the force main s=tub -out to the 20' Coles' County Utility Easement, and the District will complete the. connection upon relocation of the force main. The Owner shell be responsible for any cast to. make the connection to the existing 8 -inch force main should that occur prior to relocation of OW. force main. 4. As set forth in the Utility Easement, the Owner shall grant, at no cost to. District, a 15 -foot wide easement located adjacent to Eatonwood Lard to provide for connection. • to the relocated 84nch ford main. 5. Asset forth In the Livingston Utility Easement, the Owner shall grant, at no cast to the District, a temporary easement to the District for the existing, 84nch force main encroaching on the property along the ,Livingston Road frontage. The temporary easement shad expire after the force main is relocated by the District. 5. Prior to Closing, Owner shall obtain from the holders of any liens, exOeptioM and/or qualifications encumbering the Property, .the execution -.0f such instnments which will remove, mase or subordinate such encumbrances from the Property upon. their recording In the public records of Collier County, Florida. Owner shall provide such instruments, property executed, to District on or before the date of Closing. 6, This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Det executes this Agreement; provided; however, that District shall have the unilateral right to extend the .term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications aging Distrid's enjoyment of the Property. 7. Owner Is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. • • S. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the District that the Owner has no krwwWp of any spill or environmental law violation on any property contiguous to or in thevicinlEy of the Property to be conveyed to the District, that the Owner has M received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and Is not deemed satistled by conveyance of title. 9. Owner shall indemnify, defend, save and hold harmless the District against and from, and to reimburse the District with respect to, any and all damagies, claims, liabilities, laws, wets and expenses (including without limitation reasonable paralegalend attorney fees and expenses whether In court, out. of: court in bankruptcy or administrative proceedings or on appeal), penalties or fines Incurred by or asserted, against the, District by mason or arising out of the breach of Owners representation. under Section 8. This provision shall survive Closing and Is not deemed satisfied by conveyance of.Me. 10. The DIstrkA shall pay for all.costs of recording tho'conveyance instrument and recording costs for any curative instruments, In the Public Records of Colljer County, Florida. District shall be responsible -for paying any costs and/or fees assodated with the securing and recording a Subordination-, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated. with this transaction Including but not limited to= transfer, documentary and intangible taxes shall be borne and paid. by Owner. The cost of a fft commitrnentshall be paid by District. 11. This Agreement and the terms and provisions twwoof shall be effective as of the date this Agreement is executed by both parties and shall Inure to the benefit of and Ire binding upon the parties hereto and their rvepective helm. executors, personal representatives, successors, successor trustees, andfor assignees, whenever -the context so requires or admits. 12. Conveyance of the Property by Owner Is conftwtupon no other provisions, conditions, or promises other than those w stated above; and the written Agreement, including all exhibits attached hereto, shall constitute, the entire. Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants .not contained herein. 13. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest In the Property before the Property held In such capacity Is conveyed to Dls#fct,. Its, successors and assigns. (if the corporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 617,Florlda Statutes, whose stoc* Is for sale to the general public, it Is hereby exempt from the provisions of Chapter,286, Florida • _ Statutes.) 14. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO DISTRICT: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLDER COUNTY WATER -SEWER DISTRICT BY: ,Deputy Clerk Approved as to form and legality: PENNY TAYLOR, Chaltiman Jennifer A. Belpedio, Assistant County Adorn , ab 4 • I* 0 AS TO OWNER: Witness #1 (Signature) Printed Name of Witness #1 Witness #2 (signature) Printed Name of Witness 92 VVltness #1 (Signature) Printed Name of Witness s1 Witness #2 Printed Name of Witnaes #2 5 LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company BY: Thomas M. Taylor, Its Manager LOCK UP — TAYLOR JV LLC, a Delaware limited liability company. By. A & R Management, Inc., an: Illinois corporation, Its Manager By: Name: Title: . Western Interconnect — Livingston Pro Livingston Professional Center Tax ID #00268974001 Accepted by BCC pursuant to Resolution 2010-39 UTILITY EASEMENT CXH I i i - P€ y" i of THIS EASEMENT, made and entered .into this day of , 2017, between LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited Ilffty company, whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCK ,UP — TAYLOR JV LLC, a Delaware limited liability company, whose mailing address is clo A & R Management, Inc., 800 Frontage Road, Northfield, Illinois 60093, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE. GOVERNING BODY OF COLLIER COUNTY AND AS THE EX -OFFICIO GOVERNIING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, as Grantee. OMwem LoW herein the temp *Grantor" and "+Eire" Muff Nl ft Pefft to Oft 9rVW~ acid ftkr rsspe c&v heirs, sepal mpmenta hm, suooessors or easipns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which Is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit See attached Exhibit "A" which Is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the some unto the Grantee together with the right. to enter upon said land, excavate, and piece or remove materials, including, . but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or there under, for the purpose of constructing, operating, and • • maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as i J the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witness #1 (Signature) Printed Name of Witness #1 Witness 02 (Signature) Printed Name of Wirtess #2 STATE OF FLORIDA COUNTY OF COLLIER LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited Liability company oy: Thomas M. Taylor, Its Manager The foregoing Utility Easement was acknowledged before me this day of , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or who has produced as Identification. WITNESS my hand and official seal this day of . 2017. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC SerkWCommission *Qfany) My Commission Expires: 0 Witness #1 (Signature) Printed Name of Witr►ess 01 Wftness #2 Printed Name of Wilross 02 STATE OF ILLINOIS COUNTY OF COOK LOCK UP —TAYLOR JV LLC, a Delaware limited liability company By: A $ R Management, Inc., an Illinois corporation, He Manager By: Name: Title: The foregoing Utility Easement was acknowledged before me this day of 2017 by , the of A & R Management, Inc., an Illinois corporation, as Manager on behalf of Lode Up — Taylor JV LLC, a Delaware limited liability company, who is personally known to me or who has produced I as identification. WITNESS my hand and official seal this day of , 2017. (affix notarial seal) Approved as to form and legality: (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission M(if any) My Commission Expires: n Jennifer A. Belpedio, Assistant County Attorney e%- 4 C 0 • DESCRIPTION Page ..Of PAR� l eD SECTION 13, TOW14SIOP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER CITY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW& BEQWING AT THE INTERSECTION OF THE NORTHEAST CORNER OF THE LANDS AS W—SOUSIED IN OFFCAL RECORDS BOOK 4105. PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA AND THE WEST RIGHT—OF—WAY OF LIVNGSTON ROAD, THENCE 5.00'14'35'E. ALONG SAID WEST RIGHT—OF—WAY. A DISTANCE OF 55.50 FEET; THENCE N_89'22'52"W. DEPARTING SAID RIGHT—OF—WAY. A DISTANCE OF 5.00 FEET; THEM: N-DO14'35"W„ A DISTANCE OF 55.50 FEET TO AN INTERSEC71DN WITH THE NORTH VNE OF SAID DESCRIBED LANDS'; 'HENCE S.89'22'SrE. ALONG SAID NORTH UNE, A DISTANCE OF 5.00 FEET TO 1WE POINT OF BEGINNING. 19 20 40 I HERESY CERTIFY, TO THE BEST OF MY KNE AND BELIEF. THAT THE LEGAL, DEScRIMM AND ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER W-17,05. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472. FLORIDA STATUTES. BARRY YREN (FOR vt FIRM L.B. 622) PROFESSIONAL SURVEY MID MAPPER FLORIDA CERTIFICATE NO. 5365 DATE SIGNED: 17 tZ 4 i l NOT V&ID WITHOUT THE SIGNATURE AND ORIGINAL RMM SEUL OF A FLORIDA LICENSED S;MVCYOP ANT! MAPPER. P.B.B. *7VtW T aF VC NaarN W C2W IIT PC LAW X$0110 N W IMOIL AMIWS MW 4= PACE IQxTi GLLLER MI&M,, ACIVA AAO W OW MW -Li- IMT Or 0111111M BD PAM ft 1 t1►41ORw ASR taWW LLC lm 4101 po_1 A zw svom com • A'AIL �37a'3eE ENGINEERING 33 La. 0LB.#642 IESPnpoi-w-YNT F z i l mom.. 1. BEARINGS SHOWN iERM AN a4SW ON 1W WEST RICHT-OF-WAY OF LIVINGSTON ROAD. WHEREIN SAIp WEST RIGHT-OF-WAY BEARS S.OD'14'36"E. 2. THIS SKETCH DOES NOT MAKE ANY REPRESMATI k AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 3 PARCEL CONTAINS 27$ =LWlE FEET (0.006 ACRES) MORE OR LESS. 4, P.G.B. - POINT OF BEGINMING 5. ORB - OFFICIAL RECORDS BOOK L PG . PAGE SKETCH TO ACCOMPANY DESCRIPTION E=ION 13. TOWNSHIP 40 SOUTH. RANO! 25 EAST COLLIER COUNTY. FLORIDA kw rmm= ML O4-13-,7 2of•i700-t06 ,3-•oa6 r%.. OF 1 F� 4rAWM1 yi0000WA5O (INTENDED DISPLAY SCALE: l' -6W) PARMI No. 5273t003023 A'ENSW MN PARK MSrR AM hVC (W8 330$ PG 2624) NOT A SURVEY MATCHLIN9 SHEET 2 S89051'14V 1500' I HERESY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND, ATTACHED SKETCH.WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER SJ -17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. BARRY EN FOR FIRM .L:B. 647} PROFESSIONAL SURYEYO AND MAPPER FLORIDA CERTIFICATE NO. 5365 DATE SIGNED: 4 I -r' l� NOT VAUD. WITHOUT THE SIGNATURE AND OR(CiNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ENGINEERING EXHIBIT VA T w' .-? 0f PAt?ca Na 0025897/001 I/W0570N PRO c! VWR UC (4 4105, PG WS) LINE TABLE LINE _ BEARING DISTANCE L1 S.4439'2VW 50.98' mrSr AWT of my (94W OF &WWW) 1400°1=0E 7. S89°51'14' W P.O.B. NIERSECnW OF W SGY IWASr COOV R Cr nE LANDS DESQMD N OFMA[ RFCCIW WW 41051 PAGE 20.15. CWXR =W Y, RaWA AAV TME I&'Sr Mair -Of NI4Y`or 1)G9Mf, m RD 5 b Iq !V N 1. BEARINGS SHOWN HEREON ARE BASED ON TETE WEST RIGHT-OF-WAY O LIV'INGSTON ROAD. WHEREIN SAID WEST RIGHT-OF-WAY SEARS S.00'09'46"E. 2, THIS SKETCH DOES NOT MAKE ANY REPRESEN' 710N AS TO ZONING OR DEVELOPMENT RESTFIIGiIONS ON THE SUBJECT PARCEL. 3. PARCEL CONTAINS 32.952 SQUARE FEET (8.76 ACRES) MORE OR 4. P.O.B. - POINT OF BEGINNING 5. ORE = OFFICIAL RECORDS BOOK 6. PG - PAGE 7, NOT VAUD WIT'HOU'T SHEETS 1 THROUGH 4 OF 4. JOHNSON ENGWEEIIING, INC. 2350 STANFORD COURT NAPLES. KORIDA 34112 PHONE. ) 434-0333 FAX: (:M) 334-3861 E.B. 0642 is L.& #642 SKETCH TO ACCOMPANY DESCRIPTION SECTION 13, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER couNTY,.FLORIDA 04-13-17'26149700-1051 13-411-Z5 1 1* -GW 1 1 OF 4 • • • • • AT LIN3 E X H I P3i_.�1�_"_ . (INTENDED DISPLAY SCAM 1"w,60') r ey � r n Yi Mei 1[1 PARCEL N4 00258971 ° Np UVIAlCSTaV PRO COM UC rrte�.. C (OW 4101 PC 2a") 1� Y Y Z � 0 H 0 t 0 i g ZZ i 8 _4MATCHUNE SHEET 1 y NOT VALID MOTHOUT SHEETS 1 THROUGH 4 OF 4. ' ,fit ENC.MEUG. M SKETCH TO ACCOMPANY DESCRIPTION 2= STAWOFM COURT SECTION 13. TOWNSHIP 49 SOUTH, RANGE 25 EAST p� %(2� WDA - 112 COLLIER COUNTY, FLORIDA ENGINEERING ED. 2� B.► 2 Na NO. r2 04-13--17 20149700-1655 13-49-25 1 1'=60' 0: 4 • • 22A2' ffSW22o5TE "1 S00*37WV 5.W ,:..., ){ R y - ,/� �F•i �1 1 /i F, 1 t (INTENDED DISPLAY SCALE: 1'=60') z b PARCEL No. FXt M74M V1 i r u4*VGSW PRO CEMM LAC 4104 PC 2105) (alae .- . z u N a g o o 0 N a 0 41 0 tMTCHLINE SHEET 2 sg VALID WITHOUT SHEETS 1 THROUGH 4 OF 4, JOHNSONI ENrwa' SKETCH TO ACCOMPANY DESCRIPTION 23W STAWORD CQW SECTION 1.5, TOWNSHIP 49 SOUTH, RANGE 25 EAST WAKES, F1L1 Mk 54112 P 13 GOWER COUNTY, FLORIDA FAY- (2 J�03 .W2 ENGINEERING M#642&LBWit -105 13-41!'75 1'-60' 3 OF 1 p4- 13-17 ,'QOM • • • • O'16XH � ��• x DESCRIPTION PARCEL OF LANDe.. . SECTION 13. TOWNSHIP 49 SOUTH, RANGE 25 EAST~' COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEAST ,CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, ,PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT—OF-WAY OF LIVINGSTON ROAD, THENCE S.89'51'14"W. ALONG THE SOUTH UNE OF SAID DESCRIBED LANDS, A DISTANCE OF 25,97 FEET; THENCE N.00'12'03"E. DEPARTING SAID SOUTH LINE, A DISTANCE OF 7.50 FEET; THENCE S.89'51'14*W, A DISTANCE OF 191.26 FEET; THENCE N.00'25'S7"W., A DISTANCE OF 93.70 FEET; 'HENCE. S.4439'29"W., A DISTANCE OF 50;98 FEET; THENCE S.00'08 WE., A DISTANCE OF 65.03 FEET TO.. AN INTERSECTION WITH SAID SOUTH LINE OF SAID DESCRIBED LANDS; THENCE. S.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF 15.00 FEET; THENCE N,00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.44'39'29"E., A DISTANCE OF 65.06 FEET; THENCE N.00'25'57"W., A DISTANCE OF 1,214.92 FEET; THENCE N.44303"E., A DISTANCE OF 91.67 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.89`22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 22.42 FEET; THENCE S.00'37'08"W, DEPARTING SAID NORTH LIFE, A DISTANCE OF .5.56 FEET; THENCE 5.44'34'03"W., A DISTANCE OF 94,85 FEET; THENCE S.00'25'57"E., A DISTANCE OF 1301,60 FEET; THENCE N,89'51'14"E., A DISTANCE OF .202.26 FEET TO AN INTERSECTION WITH SAID WEST RIGHT—OF—WAY LINE OF LIVMNGSTON ROAD,, THENCE S_00'08'46"E.. -ALONG SAID LINE. A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING. CONTAINING 32,952 SQUARE FEET OR 0.76 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE. WEST RIGHT—OF—WAY OF LIVINNGSTON ROAD, WHEREIN SAID WEST RIGHT—OF—WAY BEARS N.Oa O8"WW. ENGINEERING .wNNsoN ENG9{EE1, ,. 435o 64z Douwr DESCRIPTION NAPLES, FLORIDA 34112 PHONE: 1239) 434-0373 FAX: 39) 334-3551 E.B. J642 & L.B. J642 FWAA= um IFLE He Fc 04-13-17 20149700-105 13 -49 - N/A 1 4 OF 4 mo s m Wester interconnect — Livingstm Professional Center Tax ID #00268974001 Accepted by BCC pursuant to Resolution 201049 TEMPORARY CONSTRUCTION EASEMENT Pr �+f __. v. �. • KNOW ALL MEN BY THESE PRESENTS that LIVINGSTON PROFESSIONAL. CENTER, L.L.C., a Florida limited liability company, whose mailing address 719 Hickory Road, Naples, FL 34108, and LOCK UP — TAYLOR JV LLC, a Delawarae limited liability company, whose mailing address is cad A. & R Management, Inc., 808 Frontage Road, Northfield, Illinois 60093 (hereinafter oolhxMvely referred to as "Graaintor"), for -aril In consideration of Ten Dollars ($10.00) and other vahiable consideration to it in hand paid, does hereby .grant unto the BOARD OF COUNTY COMMISSIONER$. OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLDER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEINER DISTRICT, whose post office address is .3335 Tamlami Trail. East, Suite 101, Naples, Florida 34112, as Grantee, dv temporary license and right to enter upon the lands of the Grantor, for the expresspurpose of Facilitating construction of wastewater facilities, such as to staging of piping, appurtenances, and trench excavation and bactccf ll materials. ALL RIGHT AND PRIVILEGE herein granted shad terrninafe one year- beyond the offaaal acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on completion of the project, whichever occurs first for the property described. in Exhibit."A." ADDITIONALLY, the rights and interest conveyed Hereunder are wncrationed upon the reasonable exercise theref by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the knds.describ ed in Exhibit "A". Grantee further agrees that it shall, at. the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. IN WITNESS WHEREOF, the Grantor has caused these presents, to be executed in its name this day of -2017. WITNESSES: Watness #1 (Signature) Prhed twits of W#raess #1 VV 42 (Signa An) Printed Mame of Witness 02 LIVINGSTON PROFESSIONAL CENTER, L.L.C., a Florida limited liability company BY: Thomas: M. Taylor, Its. Manager • L i • STATE OF FLORIDA COUNTY OF COLLIER The foregoing Temporary Construction Easement was acknowiedged before me this day of , 2017 by Thomas M. Taylor, as Manager on behalf of Livingston Professional Center, L.L.C., a Florida limited liability company, who is personally known to me or, who has produced as identification. WITNESS my hand and official seal this day of , 2017. (affix notarial seal) Witness #1 (Signature) knted Name of Witness 01 Witness e2 Printed Name of Witness #2 • I (Signature of Notary Public) (Print Name of Notary Pubilc) NOTARY PUBLIC Sedal/Commission *(If any) My Commission Expires: LOCK UP — TAYLOR JV LLC, a Delaware limited liability company By: A & R Management, Inc., an Illinois corporation, Its Manager By. Name: This: STATE OF ILLINOIS COUNTY OF COOK The foregoing Temporary Construction Easement was acknowledged before me this day of , 2017.by the of A & R Management, Inc., an Illinois corporation, as Manager on behalf of Lock Up — Taylor JV LLC, a Delaware limited liability company, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this day of 2017. (affix notarial seal) (,%nature of Notery.Pubtic) (Print. Nana; of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: Approved as to form and legality: Jennifer A. Belpedlo, Assistant County Attorney �b 0 EXHIBIT "A" THE WEST 125. FEET (FLORIDA POWER AND LIGHT COMPANY EASEMENT (OR BOOK 429, PAGE 354)) OF THE FOLLOWING DESCRIBED. PROPERTY; A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49. SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING IUIORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF :SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. FLORLDA;'THENCE RUN SOO'15'37"E, ALONG THE EAST LINE'OF THE NORTHEAST QUARTER: 017. SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N89°23'53"W ALONG THE SOUTH LINE. OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; FOR A DISTANCE OF 12Q.:0l FEET TO THE A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RI ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FORA DISTANCE OF '12-0.0'1 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND: THE POINT OF BEGINNING OF THE PARCEL, OF LAND HEREIN. DESCRIBED; THENCE RUN S00°15'37"E, PARALLEL WITH THE • EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR 'A DISTANCE OF 1321,49. FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1;3; THENCE; RUN S00'09'47"E, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FORA DISTANCE OF 73.69 FEET TO THE MabT NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.00 FOOT RIGHT-OF-WAY, AS THE SAME 1S SHOWN ON THE PLAT OF KENSINGTON PARK, PHASE THREE -B, ACCORDING TO THE PLAT THEREOF RECORDED IN' PLAT BOOK 28 AT PAGES t AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY; ,FLORIDA; THENCE RUN 389"50'13"W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK :PHASE THREE -B FOR A DISTANCE OF 390.00 FEET; THENCE RUN NGO'09'47' W, ALONG THE BOUNDARY OF SAID KENSINGTON PARK PHASE THREE -B; FOR A, DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N00015'37"W, ALONG THE. BOUNDARY` OF SAID KENSINGTON PARK PHASE TH'RE&B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSINGTON PARK. PHASE THREE - B, THENCE CONTINUE N001517 -W, ALONG THE. BOUNDARY OF KENSINGTON PARK PHASE 3A ACCORDING: TOTHE; PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT THE:SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OFSAIDSECTION. 13; THENCE RUN S89°23153"E, ALONG THE SOUTH LINE OF THE. NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID. SECTION 13, FOR A 0 DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING ALONG WITH, APPROXIMATELY 15' ON EITHER SIDE OF THE SOUTHERN EASTMEST LEC OF THE PROPOSED 8" FORCE MAIN, AS SHOWN HIGHLIGHTED BELOW: • • 0 4 I � ' i xti4i!Ir +• ;?hex .. :.AAs rS.f f .+S.Yr i i i LK TARE i i �■.i � �roAi 6•aar .` s r NOiG''IME 7.50 ,'r.h, ti •..• r r;, Sd9'S1'taW 15.00 . - . �i �eruw mor .. � a pA��yy JtOT A 8lilevEl ri U.11. 6VOW114n Of " UWA4411 cow* IV D �a a►* t k.,►.iJ♦i tA40 go SOM7 * flroo* lord of a" Au] Ftf 'fr..:- freA, A,Il+ t i` -�++tA a ' wA[ !M �F Af}r dRTi q'1° IHr pt 'nFGS'A■.�7 1. "C_. Q1 I AaRh. 4C1 A ..Z.is_ P<Qi,A%* .. 4!4 11X*00 RATES: WARftLt Srf„Mh '*IK:.A a� �aSIG Cir i.d 3 tea: N12 ' ...... 4t„w1-•RAY {} "t'M:it:W RGA: �KfW S" g(ST i#AMM• t `wt it[ i% I -w F fAj� �,)tl-(R^Mt iKAv. heal(.$'4%*n y P*rwl%k%A. %4^1-c w", Wy+ilf, Z las Sl(1." oft" NU" WMl Mfr Wow" olOo R As TO Y a�inrGA {i �ri.�arf rt; 4Sb5 dtAfhL .t iR t'.IWrt N} •4"SSC;tAN1 ON 2*f Str9.(CT -L VAKIL `a'2 '_.'•.his cAK(l $;Nf -:ihS !: yi: SGlr.f llf' ;.7 N AMl) vow t5; fjll Vul.■f lrr;:, ...-hA 4: At{,. Yir_%Ai [A. a .:+•,.s .nb .. •rts r•.N MtA":5 [S4rf. k - tu:F 4 i�.+ a SKETCH ACCOMPANYDE$CRZTI IM . ur rc a.r T ox" &3 j(CTION 17. TiD'MIbNIP N S0111q. IIAIaM 23 [ASI wS �t:*u u-. , COLLCRCouwy.FLORM ENGINEERING M.Tr►■,A..,a` ' t if . • 0 • 0 AND ALSO, THE WESTERLY IV ADJACENT TO THE EXISTING 8" FORCE MAIN AS SHOWN BELOW: ADDRIEVIAMONS *A . aiym Rd0OA05 I0* M PW Or KNOW RICHT-w-Illa • SIC m THIS IS NOT A SURVEY at uwum ' POB Coma or dxnmv use 0 ! 0A 4105 PC 2W 1 LINE OF ?HE iiLLr i 1 1/lio N f i � ( I V wwwav 4" � I ! V 1 r i 4" Lo IRT3om t" u1.. umm = 6I 0 140 SII i i ow. 4106 P4 an IK13 to I Z I U4 M41'NVIt 1w UNE Or Tw 1/4.71 Italm I 4 r I mm SNE or l I 13-495-25E OA JV14 K X" EATOMMOO DANE I ADDRIEVIAMONS *A . aiym Rd0OA05 I0* M PW Or KNOW RICHT-w-Illa • SIC m LEGAL DESCRIPTION: A PANEL. OF LAND LYING IN THE EAST HALF OF SECTION 13. TOWNSHIP 40 3011TH. RAt106 24 EAST. COLLIER COUNTY Fif3TEN4 BOW A PORTION OF THE PARCEL OES NED IN OFFICIAL RECOADB BOOK 4105. PACE 2035. OF THE RAILIC OF SAID COLLIER COUNTY. 006 MORE PARTICULARLY DEMON AS rOLLONS: BmrN10 AT DIE NORTHEAST CORNER OF SIAD PARCEL DESCRIBED IN OFFIGNL RECONS BOOK 4105. PACE 20% TH04M ALONG THE EASTERLY 9OUND01 Y OF SND PARCEL (ARA WEST R/1F UANCSTON ROAD) RUN SOW15.37-E FOR A DISTANCE OF 1111111.35 FFU. THDKE LEAVING SMD EASTEITI.Y BOUNDARY RUN 1O3'06'2rW FOR A DISTANCE OF 14.35 FEET: THWCE RUN :00'22'47'E FOR A DISTANCE OF 127.74 FEET; THENCE AM 900'OI'02'E FOR A DISTANCE OF 194.13 FEET; THENCE RUN SWIW50'E FOR A OWANCE OF 161.60 FEET. THENCE RUN 3011-0119 FOR A DISTANCE OF 166.27 FEET. THENCE RUN SOOr19'13'VI FOR A DISTANCE OF 440.63 FEET. TO A .POINT ON THE SDUTHMY BOUNOAR7 OF SAD PARCEL DESCRIBED IN OFFICIAL REO0M BOOK 4105, PAGE 2035 (ANA NORTH REM EATONIAO00 LANAI THENCE ALCM SW SOWNMY BOUNDARY RUN S60'50'13V FOR A OWA1XE OF 15.00 FEET, THENCE LFAVW SAID SOMERLY BOUNMW RUN NOCr10'13'E FOR A DISTANCE Of 440.90 FEET. THENCE RUIN N01'24'31'E FOR A DISTANCE OF M21 FEET. THF" RUN N00'10'501Y MR A DISTANCE OF 161.62 FEET; THENCE RUN NOO'OI*M*W FOR A DISTANCE OI 104.12 FlT:T; THENCE RUN NO722'47V FOR A DISTANCE OF 196.IS FEET. TIETiCE RUN NWW'27E FOR A DISTANCE OF 206M FW. TO A POINT ON THE NORTHERLY BOUNGNRY OF SAID PARCEL DESC*10M IN OFFICSAL REOORDS BOOK 4105. PAGE 203k THENCE ALONG SMO NORTHMY BOUNDARY RUN S60'23'S3'E FOR A 011TANCE OF &" rW. TO 114E POW Or 89706NO OF THE PARCEL H1y M KSCM0. CbNTMW t0.M.37 SWJPX FEEL_ KOEE 1I10K%155 RIC.. CENTOrWIT OF AUTMORILOMON NUMBER 18 17n i. -r p.w 0Y P.S.Y. /3620 THOMAS M. wjwwr STATE OF FLORIDA*ww IL Sum !!11 MS-1>MO - W �_ rim r:� arw.wimmILm w.171i( % ....a... DHE l at I Now I to m dxnmv use 0 UQ'21M W.74 6Is 1/lio N IIOPsf" T!.'2/ V wwwav 4" til. grawnuv SIM V RQ nft 4" Lo IRT3om t" u1.. rm"fomr MA Lt! Ro091ww IK13 to IBO2rov "LIS U4 M41'NVIt SM Italm rlt 30 LEGAL DESCRIPTION: A PANEL. OF LAND LYING IN THE EAST HALF OF SECTION 13. TOWNSHIP 40 3011TH. RAt106 24 EAST. COLLIER COUNTY Fif3TEN4 BOW A PORTION OF THE PARCEL OES NED IN OFFICIAL RECOADB BOOK 4105. PACE 2035. OF THE RAILIC OF SAID COLLIER COUNTY. 006 MORE PARTICULARLY DEMON AS rOLLONS: BmrN10 AT DIE NORTHEAST CORNER OF SIAD PARCEL DESCRIBED IN OFFIGNL RECONS BOOK 4105. PACE 20% TH04M ALONG THE EASTERLY 9OUND01 Y OF SND PARCEL (ARA WEST R/1F UANCSTON ROAD) RUN SOW15.37-E FOR A DISTANCE OF 1111111.35 FFU. THDKE LEAVING SMD EASTEITI.Y BOUNDARY RUN 1O3'06'2rW FOR A DISTANCE OF 14.35 FEET: THWCE RUN :00'22'47'E FOR A DISTANCE OF 127.74 FEET; THENCE AM 900'OI'02'E FOR A DISTANCE OF 194.13 FEET; THENCE RUN SWIW50'E FOR A OWANCE OF 161.60 FEET. THENCE RUN 3011-0119 FOR A DISTANCE OF 166.27 FEET. THENCE RUN SOOr19'13'VI FOR A DISTANCE OF 440.63 FEET. TO A .POINT ON THE SDUTHMY BOUNOAR7 OF SAD PARCEL DESCRIBED IN OFFICIAL REO0M BOOK 4105, PAGE 2035 (ANA NORTH REM EATONIAO00 LANAI THENCE ALCM SW SOWNMY BOUNDARY RUN S60'50'13V FOR A OWA1XE OF 15.00 FEET, THENCE LFAVW SAID SOMERLY BOUNMW RUN NOCr10'13'E FOR A DISTANCE Of 440.90 FEET. THENCE RUIN N01'24'31'E FOR A DISTANCE OF M21 FEET. THF" RUN N00'10'501Y MR A DISTANCE OF 161.62 FEET; THENCE RUN NOO'OI*M*W FOR A DISTANCE OI 104.12 FlT:T; THENCE RUN NO722'47V FOR A DISTANCE OF 196.IS FEET. TIETiCE RUN NWW'27E FOR A DISTANCE OF 206M FW. TO A POINT ON THE NORTHERLY BOUNGNRY OF SAID PARCEL DESC*10M IN OFFICSAL REOORDS BOOK 4105. PAGE 203k THENCE ALONG SMO NORTHMY BOUNDARY RUN S60'23'S3'E FOR A 011TANCE OF &" rW. TO 114E POW Or 89706NO OF THE PARCEL H1y M KSCM0. CbNTMW t0.M.37 SWJPX FEEL_ KOEE 1I10K%155 RIC.. CENTOrWIT OF AUTMORILOMON NUMBER 18 17n i. -r p.w 0Y P.S.Y. /3620 THOMAS M. wjwwr STATE OF FLORIDA*ww IL Sum !!11 MS-1>MO - W �_ rim r:� arw.wimmILm w.171i( % ....a... y"M THIS UTILITY EASEMENT is made and entered into this _ day of 1 2017 by LIVINGSTON PROFESSIONAL CENTER, LJ..C., a Florida limited liability company, whose mailing address is 719 Hickory Road, Naples, Florida 34108, and LOCK UP — TAYLOR JV LLC, a Delaware limited fiabft company, whose mailing address is c/o A & R Management Inc., 800 Frontage Road, Northfield, Illinois 60093, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX -OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tarniami Trail East,. Suite 101, Naples, Florida 34112, as Grantee, WITNESSETH: That the Grantor for and in consideration of the sum often dollars • ($10.00) and other valuable consideration paid by Grantee, the receipt Of which is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Gmtm its successors and assigns, a non-exclusive easement, license, right and privilege to. enter upon and to install, relocate, repair and/or otherwise Maintain uti*.system(s) and utility Scildies, and/or portion(s) thereof, in, on, over and under the following described.lands located in Collier County, Florida, to wit: See attached Exhibit "A7 which is mcoqmftd hacm by reference Subject to casements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or aWig0% together with the right and privilep to enter upon said land to excavate, relocate and/or introduce materials for the purpose of consftuctir4g, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or systems) or porions) :th=4 in, -on, over and/or under the casement area, but WWI not take any dirt or fill material away firm said land. Grantor and Grantee areused fbr singular or plural, as the context allows. The easement granted herein shall constitute an easement running with ft land and "I burden the lands described above, provided, however, that this casement shall terminate and be of no further force or effect upon the earlier of 1) November 1, 2017; or 2) ten. (10) days after Grantee has: a) removed that part of the existing srnp force main constructed in the easement area which lies within the south +/- 896 feet of the easement area (the 'Removal Area"); and b) Kass graded the Removal Area to the general elevation it was in before the: removal of the existing L012,002 _I -4 This butrument Prepared by and After Recording Return to: Mark H. Muller, Esq. Mink IL Muller, P.A. 5150 Tamiaml Trail North, Suite 303 Naples, Florida 34103 y"M THIS UTILITY EASEMENT is made and entered into this _ day of 1 2017 by LIVINGSTON PROFESSIONAL CENTER, LJ..C., a Florida limited liability company, whose mailing address is 719 Hickory Road, Naples, Florida 34108, and LOCK UP — TAYLOR JV LLC, a Delaware limited fiabft company, whose mailing address is c/o A & R Management Inc., 800 Frontage Road, Northfield, Illinois 60093, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX -OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3335 Tarniami Trail East,. Suite 101, Naples, Florida 34112, as Grantee, WITNESSETH: That the Grantor for and in consideration of the sum often dollars • ($10.00) and other valuable consideration paid by Grantee, the receipt Of which is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Gmtm its successors and assigns, a non-exclusive easement, license, right and privilege to. enter upon and to install, relocate, repair and/or otherwise Maintain uti*.system(s) and utility Scildies, and/or portion(s) thereof, in, on, over and under the following described.lands located in Collier County, Florida, to wit: See attached Exhibit "A7 which is mcoqmftd hacm by reference Subject to casements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or aWig0% together with the right and privilep to enter upon said land to excavate, relocate and/or introduce materials for the purpose of consftuctir4g, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or systems) or porions) :th=4 in, -on, over and/or under the casement area, but WWI not take any dirt or fill material away firm said land. Grantor and Grantee areused fbr singular or plural, as the context allows. The easement granted herein shall constitute an easement running with ft land and "I burden the lands described above, provided, however, that this casement shall terminate and be of no further force or effect upon the earlier of 1) November 1, 2017; or 2) ten. (10) days after Grantee has: a) removed that part of the existing srnp force main constructed in the easement area which lies within the south +/- 896 feet of the easement area (the 'Removal Area"); and b) Kass graded the Removal Area to the general elevation it was in before the: removal of the existing L012,002 • • • sewage force main (collectively, the "Force Main Removal"). By accepting the easement granted herein, Grantee agrees that it shall complete the Force Main Removal at its sole cost and expense by no later than November 1, 2017. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF COLLIER Signed, sear and delivered in the presence of: Witness #I Printed Name of Witness #1 Witness #2 Printed Name of Witness #2 LIVINGSTON PROFESSIONAL (seat) CENTER, L.L.C., a Florida limited liability company By: Thomas M. Taylor, Its Manager The foregoing instrument was acitnowledged before me this day of , 2017, by Thomas M. Taylor, the Manager of Livingston Professional Center, L.L.C., a Florida limited liability company, on behalf of the company, who ( ) is personally known to me or ) has produced as identification. LOIZO02 .2_ Notary Public — State of Florida Printed Name ofNotary Public STATE OF ILLINOIS COUNTY OF Signed, sealed and delivered in the presence of: Witness #1 Printed Name of Witness #I Witness #2 Printed Name of Witness #2 LOCK UP — TAYLOR N LLC, (Sed) a Delaware limited liability company By: A & R Management, Inc., an Illinois noon, Its Manager By: Name: Title. The foregoing irns#vmcnt was acknowledged before. me this day of 2017, by , the of A. & R Management, Inc., an Illinois corporation, as tine Manager of Lock Up — Taylor N LLC, a Delaware limited liability company, on behalf of the company, who ( ) is personally known to me or ( ) has produced as identsration. Notary Public — State of Illinois Printed Name of Notary: Public Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney � 4 -3- c.oiz.00a • • 0 0 0 E X H 1 p7D 1 LINE OF THE N.E. il".71/4 OF THE N.E. 1/4, SEC. 13-495-25F 150 300 300' ic WLAM —T — — — — — — i. APPRAW PARCEL 0OW40DI I O.R. 405 P9.2035 SOUTH LINE OF THE N.E. 1/4, SEC, EATONWOOD LANEOl - - - Illy SURVEY POB KE CORNER OF PARCEL DESCRIBED IN O.R. 4105 PG. 2035 Gi !4 0 EAST LINE OF THE E. 1/4, SWU 13 -49S --25E __1_120.0' WIDE R/W O.R. 3714 m 3844 ABBREVIATIONS O.R. OFFICIAL IBM BOOK PG. PAGE POO PONT OF OEGMNG RRIW-OF-WAY SEC OL SECm LK TAMLE LWE Mum mm Ll wiftT ma 12 61,"1TVI* 1.3 =W47*E 107.74 W W.nlW% 1911415 La wimt Ism Le wwwo law V SWWUV 4423 Is se4'60'13*1 ILOO Li 14001031 446A L10 'N M*24*310E iaUl L11 NWIO%n 161.02 L112 NWOIWW I44.12 L13 N06'22'47m* 19LI15 114 NVOnft MILS L15 11110M 3A4 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 13, TOWNSHIP 40 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING A PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 41,05, ME 2035, OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; BEING MORE PARTICULARLY DESPRIOW, AS FO*LL0VM BEGIN" AT THE NORTHEAST CORNER OF SAID PARCEL DESOPJ13ED IN OFFICAL RECORDS 80%. 4.105, PAGE 20�5' THEN ALONG THE EASTERLYBOUNDARY OF SAID PARCEL (AKA WEST R/W LMGSTON ROAD) RUN SAY" 18'37-E F61R A DISTANCE OF 185.35] FEET; THENCE LEAVING SAID EASTEWY ElOUNDARY RUN S03'06'27*W FOR, A DISTANCE OF 18,35 FEET; THENCE RUN S00'22*47lE FOR A DISTANCE OF 197.74 FEET, THENCE RUN S00'01'O2-E FOR. A DISTANCE OF 19415 FEV, THENCE RUN SWIOWE FOR A DISTANCE OF 161.80 FEEL- THENCE RUN S01724'31"W FOR! A DISTANCE OF 15"27 FEET; THENCE RUN SOCri9'1.3V FOR A DISTANCE OF 449.63 FEET. TO A POINT ON THE SOUTHERLY BOUNDARY OF SAM PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105. PAGE 2035 (AKA NORTH R/W EATONWOOO LANE). THENCE ALDNG SAID SOUTHERLY BOUNDARY RUN S69'50'13V FOR A DISTANCE OF 15.00 FEU; THENCE LEAVING SAID SOUTHM: BOUNDARY RUN N00'49'13'E FOR A DISTANCE. OF 449.90 FEEL' THENCE RUN NOI*24'311'E FOR A DISTANCE OF 105.21 FEET; THENCE RUN NOO'10'50** FOR A DISTANCE OF 151.62 FEEL' THENCE RUN NOO'01'02*W FOR A DISTANCE OF IK12 FEET, THENCE RUN NW22'47** FOR A DISTANCE OF 198.15 FWL' TH84CE, RUN NO3-06-27-E FOR A DISTANCE OF 206.66 FEET. TO A PONT ON THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035; THENCE ALONG SAID NORTHERLY. BOUNDARY RUN S89'23*53"E FOR A DISTANCE OF 3.94 FEET, M THE PONT OF Bim' LIVING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 19,890.37 SQUARE FEET. :,=nMby HOLE MONTES. INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 WaiwTarn BY P.S.M. #5628 =7= U" THOMAS W MURP44Y STATE OF FLORIDA M40 W. W. SM Wh%k$y *"k L tw� R.A.K. 1/15/17 ft. FL 33*10 in. I I Ph 005 $as -1200 SKETCH AND LEGAL DESC14PTION "s HOLE MONTES n Z-n$cqrRflmd* of ml WINE Authartraften %6.1772 Stnrcture No.: 143M5, 266M3, A266M3, 143M6, 266M4, A266M4 Section, Township, Range: 13-49-25 Easement No.: 8A-84,98,99 RIGHT-OF-WAY CONSENT AGREEMENT (Governmental Entity) FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX -OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEAVER DISTRICT, whose mailing address is 3299 Tamiaird Trail East, Naples, FL 34112, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in O.R. Book 162, at Page 205, O.R. Book 432, at Page 726, and O.R. Book 429, at Page 354, Public Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee shall be solely for the purpose of installation, operation and maintenance of a 24 inch Force Main Nvithin the FPL easement as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: I. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local taws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the light to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time -to -time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement ivI&Ir interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within ninety (90) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any maturer which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Form 3740GRON Rev. 07/31/12 Page 1 of 10 • Comprehensive Enviromnental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammiables shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees farther that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of exceeding fourteen (14) feet in height at full maturity is not pernnitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. • 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. • 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit C" prior to the commencement. of construction within the Lands. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee hither understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Paqe 2 of 10 Form 3740GRON Rev. 07/31/12 Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as the "FPL Entities"), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the 1nnitations contained in Section 768.28, Florida Statutes, if applicable, to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense. 13. Licensee shall, and shall cause each of Licensee's contractors and subcontractors performing work in connection with the Project during the period of this Agreement, to procure and maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State of Florida, or as may be approved in writing by COMPANY's Risk Management Department from time to time: (i) Workers' Compensation Insurance for statutory obligations imposed by applicable Florida law, including, where applicable, the United States Longshoremen's and Harbor Workers' Act, the Maritime Coverage and the .Tones Act; (ii) Employers' Liability Insurance, including Occupational Disease, shall be provided with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/employee; (iii) Automobile Liability Insurance which shall apply to all owned, non -owned, leased and hired automobiles in an amount with minimum limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage per accident; and (iv) General Liability Insurance, written on Insurances Services Office form GC 00 01 1204 (or equivalent) covering liability arising out of premises, operations, bodily injury, property damage, products completed and liability insured under and insured contract (sometimes referred to broad form contractual liability), with minimum limits of One Million Dollars ($1,000,000) combined single limit per occurrence, which shall insure the indemnity obligations assumed by Licensee under this Agreement. Except for the Workers' Compensation Insurance, the FPL Entities shall be designated as an additional insured on Licensee and/or Licensee's contractors insurance policies required to be maintained under this Agreement. All policies of insurance required to be maintained by Licensee and Licensee's contractors and subcontractors hereunder shall provide and each of Licensee, and Licensee's contractors and subcontractors, shall cause the insurers of their respective insurance to include, either in its printed text or by endorsement: (i) a severability of interests clause; (ii) an endorsement that Licensee's and Licensee's contractors' and subcontractors' insurance policies are to be primary and non-contributory to any insurance Form 3740GRON Rev. 07/31/12 Page 3 of 10 • that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL Entities. In the event that any policy furnished by Licensee and/or Licensee's contractors and subcontractors provides for coverage on a "claims made" basis, the retroactive date of the policy shall be the same as the effective date of this Agreement, or such other date, as to protect the interest of FPL Entities. Furthermore, for all policies furnished on a "claims made" basis, Licensee's and Licensee's contractors' and subcontractors' providing of such coverage shall survive the termination of this Agreement, until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on "occurrence" basis, Licensee and Licensee's contractors and subcontractors shall maintain such insurance during the entire term of this Agreement. Licensee and Licensee's contractors and subcontractors shall promptly provide evidence of the minimum insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate of insurance acceptable to FPL. Upon FPL's request, Licensee and Licensee's contractors and subcontractors shall provide FPL with complete copies of all required insurance policies under this Agreement. If any of the required insurance is cancelled or non -renewed, Licensee and Licensee's contractors and subcontractors shall file a new Certificate of Insurance or binder with FPL demonstrating to FPL's satisfaction that the required insurance coverages to be maintained hereunder have been extended or replaced. Neither Licensee's nor Licensee's contractors and subcontractors failure to provide evidence of minimum coverage of insurance following FPL's request, nor FPL's decision to not make such request, shall release Licensee and Licensee's contractors and subcontractors from their respective obligations to maintain the minimum coverage provided for in this Section. Licensee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and • the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Licensee shall at all times keep FPL informed of the filing and progress of any claim. If Licensee shall fail to perform these responsibilities, FPL may take such action as it determines appropriate under the circumstances. In the event Licensee collects proceeds on behalf of other persons or entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by FPL, pay such proceed to such party forthwith and prior thereto, hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the insurance coverages required hereunder. No limitation of liability provided to Licensee under this Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to FPL Entities under coverage required to be carried by Licensee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in the Agreement, if any. FPL asstunes no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self insures, Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to Company's Risk Management Department. Licensee's contractors and sub- contractors may not self- insure. This Section shall survive the expiration of this Agreement 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier ternutrated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. Form 3740GROW Rev. 07/31/12 Page 4 of 10 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee • within two (2) years of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under constriction does not include application for or obtaining a building permit, a site plan approval or zoning approval fiom the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the two (2) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension oftime shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the two (2) year period for the project to be under construction. 16. Tine teen "Licensee" shall be construed as embracing such number and gender as the character of tine party or parties require(s) and tine obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 19. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and materiahmen, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent, and without any representation or warranty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit "B" to the Agreement, agrees to observe and filly comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, niles, registers, directives or interpretations. 20. This Agreement includes and is subject to the provisions described on the attached Addendum. Form 3740GROH Rev. 07/31/12 Paqe 5 of 10 0 0 0 Fixecutioris on billowing page The parties. have executed this Agreement this of day )20 Witnesses: 1.4 Z424t' i M-, Signature, Print N Af M i- qgn-afure.., Print ;Naive: FWRIDAT W A.TRIG ELTCOWANY By: Its C orate ReatEstate QW99t7— PrlA(Nani0:h*k-L-,BYers Approved and accepted for and behalf of Collier County; Florida,. this day Of (OMYlalSe-1� � - ... '. . M) ATTEST; DWIGHT E.. BROCX, Clerk Deputy Clerk ,BOARD OF CO U N'TY COMMISSIONERS ,MNSIONERS PQVMfL'0MA, AS THE QQVER4M BODY OF COLLIER COUNTY AND AS THE EX -OFFICIO; GOVERNING BOARD OF T-M.CQUM COUNTY WATER SEWER DISTRICT m Cha'aman APPROVED AS. TO FORM aLEGALJTY BY, Assistant County Attorney Page .6 of 10 f9-rm- 3140ROX. Rgy, 07/31/12 ADDENDUM • Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel working on the project. Please contact FPL Transmission Operations at (239) 690-2735 to schedule the meeting. • Licensee, and its employees, agents and contractors will keep a safe distance from all energized facilities and maintain all OSHA requirements to the 138kv and 230kv transmission lines within the Lands. • Licensee will not dig a trench greater than 5 feet deep when working adjacent to Company transmission pole structure # 143M5. • Licensee will not disturb any of Company's existing guy wires or anchors. Form 3740GROA Rev. 07/31/12 Page 7 of 10 • EXHIBIT "A" Legal Description — TO BE PROVIDED • Form 3740GROW Rev. 07/31/12 Paqe 8 of 10 4 0 15 30 60 C (INTENDED DISPLAY SCALE: 1'=60') z LINE TABLE LINE BEARING DISTANCE: L1 S44'39'29"W 50.98' PAROL BOUNDARY bo boc 0� 0 0 z MA AIIIEiSHEET 2 i i i I M ir i N I o, PARCEL No. 00258974001 C) UNNGSTOV PRO CENIER LLC U i (ORB 41051 PG 2035) I i i EAST UNE OF 125' BIDE FLORIDA POKER & LIGHT COMPANY £ASSENT i (ORB 42A PG 354) i i N€ST Rjaw--oF-mY (BASIS OF BEARINGS) N89P61'14"E 47.26' I --S00°08'46"E 15.00' P.O.B. )051'14"W —�""`—NDD'08'46"W 7.50' 62,18' %S8951'14"W 155.6 PARCEL No. 52731003023 KENSINGTON PARK USN? ASST! INC S89°51'14"W 15,00' (ORB 3302, PG 2824) NOT A SURVEY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPUCABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. BARRY E. SYREN (FOR THE FIRM L.B. 642) PROFESSIONAL. SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5365 DATE SIGNED: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL o RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ENGINEERING 1NIERSECIIOV or mE SoUIHEASr CORNER OF INE LANDS DE'SMBED IN OFf=AL RECORDS BOOK 410.E PAGE 2035, COLLIER COUNTY, FLORIDA AND THE KEST Rl-oF-WAY OF UI4NGSTAV RD .5 0 F tM--� a NOTES: ' 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEARS S.00'OB'46'E. 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 3. PARCEL CONTAINS 30,229 SQUARE FEET (0.69 ACRES) MORE OR LESS. 4. P.O.C. = POINT OF COMMENCEMENT 5. P.O.B. = POINT OF BEGINNING 6. ORB = OFFICIAL RECORDS BOOK 7. PG = PAGE B. NOT VAUD WITHOUT SHEETS 1 THROUGH 4 OF 4. JOHNSON ENGINEERING, INC, 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3661 E.B. #642 & L.B. #642 SKETCH TO ACCOMPANY DESCRIPTION SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 06-19-17 20149700-1051 13-49-25 1 1"=60' 1 1 OF 4 • • 0 15 30 60 (INTENDED DISPLAY SCALE: 1"-60') PARCEL BOUNDARY ENGINEERING VAT CHLINE I!64ET 3 ( i I I 1 i I I I I r NEST RIGHT OF -WAY I (BASIS OF BEARINGS) I I I I I I I . I I I I I ( MVCHoLIN�E.I.SHEET 1 JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3551 E.B. #642 & L.B. 1642 A 0 a *NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF SKETCH TO ACCOMPANY DESCRIPTION SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 06-19-17 120140700-1051 13--49-25 1 1`-60' 1 2 OF 4 PARCEL No. 00258974001 N j LIMSTON PRD CENTER LLC (ORB 4105, PG 2035) I I ( EAST LINE OF 125' NIDE fLA4/DA POKER k UGHr r COUfPANY EASEMENT (ORB 429, PG 354) I 1 f NEST RIGHT OF -WAY I (BASIS OF BEARINGS) I I I I I I I . I I I I I ( MVCHoLIN�E.I.SHEET 1 JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 FAX: (239) 334-3551 E.B. #642 & L.B. 1642 A 0 a *NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF SKETCH TO ACCOMPANY DESCRIPTION SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 06-19-17 120140700-1051 13--49-25 1 1`-60' 1 2 OF 4 0 15 30 60 �Li ®� (INTENDED DISPLAY SCALE: 1-=60') PARCEL BOUNDARY S89022'52"E 7.1 6 :. - : r.. NORTH LINE OF PARCEL BOUNDARY 14'52"E 21.09' I I f I I ! FAST 11NF OF 125' H9DE fLORIOA POKER & LIGHF JOHNSON ENGINEERING, INC. CGIPANY EASULNT I( I I (ORB 429, PG 354) I I HEST RIGHT OF—Y/AY DATE 06-19-17 (BAS`S OF BEARINGS) PARCEL No. 00258974001 LINNGSTAV PRO CENTER LLC I (ORB 4105, PG 2035) 0 M V- C) 0 U I I I I I 1 I i I I I I MATCHLINEIHEET 2 r 0 ad - T . F" r� *NOT VALID V1ITHOUT SHEETS 1 THROUGH 4 OF 4. JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION 2350 STANFORD COURT NAPLES, FLORIDA PHONE, (239) 434-0-0 333 3 3601 F 9, -EB. #42&1.8 0642 SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DATE 06-19-17 20149700-105L13-49-25 SCALE "=6 0' ETENGINEERING 3 OF 4 • • • DE3CRIPI)ON PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT--OF-WAY OF LIVINGSTON ROAD, THENCE S.89'51'14"W. DEPARTING SAID WEST RIGHT-OF-WAY, A DISTANCE OF 155.00 FEET ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS TO AN INTERSECTION WITH THE EAST LINE OF A 125 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 429, PAGE 354, OF SAID PUBLIC RECORDS; THENCE N.00'08'46"W, ALONG THE EAST LINE OF SAID EASEMENT, A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE S.89'51'14"W, DEPARTING SAID EAST LINE, a A DISTANCE OF 62.18 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET; THENCE S.44'39'29"W., A DISTANCE OF 50.98 FEET; THENCE S.00'08'46"E., A DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID N DESCRIBED LANDS; THENCE S.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF R 15.00 FEET, THENCE N.00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.44'39'29"E., A DISTANCE OF 65.06 FEET; THENCE N.00'25'57"W., A DISTANCE OF 1,214.92 FEET, THENCE N,44'34'03"E., A DISTANCE OF 91.57 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.69'22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 7.13 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.00'14'52"E. ALONG SAID EAST LINE, A DISTANCE OF 21.09 FEET; THENCE S.44'34'03"W. DEPARTING SAID EAST LINE, A DISTANCE OF 73.27 FEET; THENCE S.00'2557"E., A DISTANCE OF 1,301.60 FEET; THENCE N.89'51'14"E., A DISTANCE OF 47.26 FEET; THENCE S.00'08'46"E., A H DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 30,229 SQUARE FEET OR 0.69 ACRES, MORE OR LESS. N o BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LMNGSTON ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEARS S.00'OB'46"E, r i i 0 a 2 w 0 g n m <r 0 N O /Nq C o� Q S 'SNOT VALID VIITHOUT SHEETS I THROUGH 4 OF 4. JOHNSON ENGINEERING, INC. 2350 STANFORD cousr DESCRIPTION NAPLES, FLORIDA 34112 PHONE:AX. ((239) 434-0333 2) 334-3001 ENGINEERING EFB. #642 & L.B $642 WE PRUCT NO. ME Nb, SCALE SHEET 06 19-17 20149700-105 13-49--25 N/A 4 OF 4 EXHIBIT "B" Pla►►s as provided (to be attached) Form 3740GRM Rev. 07/31/12 Paqe 9 of 10 CONSTRUCTION PLANS PLNS ENGINEERING FOR, MF. LIVINGSTON ROAD 24" FORCE MAIN PHASE 6 FOR II4DE7COFPT.ANS COLLIER COUNTY UTILITIES . ssw=go. DESCR MON COLLIER COUNTY PROJECT #72009.8 01 Covar .LOCATED IN ;. 02 Notes aiidLegend 0a DevMitis SECTION 13 TOWNSffiP 49 S. 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WATCH MANco T ' l �`YwIgY W gnu, av N PROPO^= GTE VALVE pIP IR CG -[% GATE VALVE m: ��ww��yy ~ • d"wrAm.r w�W. 1OrY° w CQ.vtcp • EDOq OP'P Vpl ... n� p RNMR'(f �''NR . CONCREoe:ME" N� C iMefrir: tlr�u •sna. rI Raw L,rMY Ny N D1' tOCM INtlICS. /P. lY .11-1/P bC pp R' P4:WLP,ENP. SCOTDR ---C?— - PROPG= RCDOm! DOSS=:FkTART NANHOAC U 3 J. 4 Wa.wwW�w W�yaa MMa� ww� Unr .ro�aAcm qa¢�' `-a°aQYMIwrL .. ,. t�10 kis LE - CD'TND PWP STATW' •M nYMm u n.wrnRl m'�1lii[ TRfLC wn rsw,,�V,w,,vaP' u�rrolr°v K u.iirrmi �mpse w.. a 6A1E VALVE OPTM PR4S.CD PLUG POLT.(•'eDiN,.CNE _ A.W .. aaLLfiwoy�m°Y .. Macaw IRR IRRICAlIOM' .-mnnD POY�:pQL � 4. pwra'rdr' w ND I CO r, o4ws :-Pexrw.w..�mea.rr.Mrwrrea'rrmar4' Z6i WWW" " TtWMk' O '.R-mn.eerwvA Maul M.me mRARAAsa A+L:i!o+w+tmwrAi .➢.a.cgL .. �' M RCEG I� . '. DOE Dt oC' ON S[NDCR a� PAVE PAVi1ICNT' U CDSTWO'�IWCI%T ~ �w.�p aVY R' ww.at+fl�n mp -�iim+ 5s'e�,A.fV°w wms.w. .... MCnR. iCC.f� ALbVDER'ia% FAARNWAY ... �. pyo' . Pt1�1P 9TAMN .. . �v.n.www a.w.wrevAPvr.ubewm iP+cmms�we?wu0. AYti40�uRf: pv uxORGlgIftiP,WG PI P.C•- rNY-L.'iM--E,. a—-WCtlCAD KWM "uwm .w.M_Wwna awtaw.m �.w < rrl ar�[a a a'ime�.ra "�°a.•a 'i 4�°y�iomei �'. � - STRM gaw :, IROA5 56tvm aw -TM.. oa« awaee eAwr�w�rswrc yL (r+Wwi 'lc rgiP.rMWsi4 r Rv� �eew F';!}w�iG`.w. 4 w3nw-: .r+C JswtiYm�wM 'iwMa'tafleMNe a.b �q�we.�g. PI MrANr'M RCp J Ro--. - CW ANOgIq QT+OP-WAY �. .• 'SAM +ANR!RDRIR: -g :i1NRH,AVS MOWa'M.':v�uimfM„ A'nuc wxMaw'K1C W Ww K �RPRP '0N 59", t{ ate F.SAMTSOCNWE.R 1 ,^. PRq�q.� CONiT91KUDM4DN nNena +>.wr ".9GViG �TMRT' E'� �aApoo�aarwx ` "m`RMr/we �R"""°�wiE;�s v, wwmm+T..i RV MxR m.P�.iein wM.o.n m�m..a Wo. wamAa AASAiwwwtr-eras. AMQ{NO `U11�E W at A0/Yq�W. o°°M.Aa°"ri � w�'a4c.uclmmw,iap.,0 SiN' N "�� www.�a.�r'.unrrau�a:�usY. w s,6n':ApR�P�tTaTRac '.emh TYP 7'W�A� wNNw CL'TMID SLARIL �T�AGOA9 . NTuir f MTI WCA'i►ICjT. - pL. .W��11T5R' 11NN ---- ^ PRDP® AIX AW 11pRC No"Al Luyai+d'. :.VtV 'OpNG VACVI: VAICT'� ^ 1CwOtARY OIOY-ON' rLM ARROW . ' � - wlMn'�' IiT[114 RPCkQDsI- w6T�AMMA M� PIPE gE`SMIte �!j4jL, �r iV+ f�A�ArM+e rovAue.wVw+wV+ir.�m-s,mr.."�aS we+rwam-awn -Aobol.Anaad .. • • • _ .._ :> - EMGSMEERIHG "Iu,� r d r BRYNWOOD PRESERVE" ^cern ;r;•„*" ''� .;s4 � 49 --------------- s a ¢ 1 1' LIVINGSTON ROAD,, j4D FPL EASEMENT , :.•,, �. x -r A, Lines continue - north to FPL Pole#;0� 266M2 r�J�_ ,` , � �. �.....�":� � ...-•— -- FPL �—�' � t~ �� _ ---'� �'�;� -- ��`� - � m Pole # FPgig-10 L ;, w Pole # d c ,_ �.r SHEET--►.e��M4 � eu.h._'� �°��_;_ R FPL i SHEET 05: SHEET 06CC Pole # « «FPL "t c U. 143M5 [ �— --J'_ —�_ K— , Pole # « �. « F– +� 14 � e 4 1 w Lines e,nUnu' Lines continue ISO [D FPL PDIB# SDuth to FPL Po(¢#—N e.� 7 ` a y~266M5 1 Lines continue m "- ` " 77 43M7 J north to FPL Pole# �: $°' 143M4 41J KENSINGTON PARK: ; fl i-�. r r r.y w - 4: F ;r• a D� b w , wt ' A „ f �p 4 'y, r 'M U p , _7 ,F,o+ E, fi'..a BRYNW00Q P � �4 .�'^r^ r ENGINEERING YrP.AgMA�c v— z $ `- LIVINGSTON ROAD - '- 1 wmib wK I \ nb�is neua'Y pwb•r I , 7 y 1;rJ II � r . ... do ).-. LIVINGSTON ROAD t $ ° LIVINGSTON ROAD sff _ I a.. �r I - w swain uc/b>w.u.rr I mrarnen g w� b. ''�,• _ :V] 'C_'ittit ,fir I �- Z ZZ Z- A' __ - - -1 oChl4 KupxN .. arl Demdltkn Plpn _ °' � Mw'b�ti K w ti M Mi - 4Yw 04 • • • 16. Y t. n J 12 Y 4`}.3tTa •P RP t M'GNMOJ�i i ��7r. MEN ENGINEERING Y Ml n i o d0 ao+m.aw: U ' sir °?�' p .... N SCALE YJ FEET �m MARE f U LEGEND 'MIM ..F..L.p.N#A1�. ,A,,,,„,. J, k t L $' FPL EASEMENT �� Polos' 0,4 N ip .1 RalPlm r: rrc .w na P ii,4.pMCI. 16. Y t. n J 12 Y n MEN ENGINEERING Y Ml n i o d0 ao+m.aw: p e N SCALE YJ FEET �m MARE f U LEGEND 'MIM ..F..L.p.N#A1�. ,A,,,,„,. fir•.'. r, , ` ,. c - FPL EASEMENT �� Polos' 0,4 N �— .1 RalPlm r: rrc .w na P ii,4.pMCI. Y Y �Sm'd+pOwSto�5�00 �r p C� wdY aR.aLlDI tM; II� �. E--- fw tl Y K K- FY 4 �wela y •,,, Q .6 ............. 60'+- "+ APPROX.19.4' m + FROM EDGE OF \\ APPROX T FROM m a ANCHOR PILE TO EDGE OF POLE FORCE MAIN TO FORCE MAIN.. 16. 24 m t. a. o U J 12 k. MEN Ml e f LEGEND 'MIM ..F..L.p.N#A1�. ,A,,,,„,. fir•.'. r, , ` ,. c - jxw PaPIp:-kfk �� Polos' 0,4 N �— .1 RalPlm r: rrc .w na P ii,4.pMCI. . �Sm'd+pOwSto�5�00 �r E--- ..Cf 24 m a. o U J 12 k. a.. y. e LEGEND 'MIM ,A,,,,„,. jxw PaPIp:-kfk �� Polos' 0,4 N �— .1 RalPlm r: rrc .w na P ii,4.pMCI. . �Sm'd+pOwSto�5�00 �r 06 __._-- ."i'i'°'..s' _. �S!•'�i�«?nrr._nounvrceiws.en 1 o 7 0 10 20 SCALE IN FEET ENGINEERING IN'L :5 12 YJ Rd a ------------_ Ar. k, 1 m R 1 L1 l4 a.w s. 'Mm wQ Mao .. .: lama--AM=K M'nM :5 12 YJ a z o' ca LEGEND I � i NEImml . : t nGAN.M PI°f1.M1d P/ATp° 0 IiA+CtY-i.'11YCWIi'N ergrw°cas 'Mm wQ Mao .. .: lama--AM=K M'nM :5 12 YJ a z o' ca LEGEND vv!!m nLvAm" . : t nGAN.M PI°f1.M1d P/ATp° 0 IiA+CtY-i.'11YCWIi'N ergrw°cas 'Mm wQ Mao .. .: lama--AM=K M'nM • • • A ii EN GINEEBTN�G T FPL EASEMENT ° ' so RMS 1 20 APPROX.16. FROM EDGE OF rr ANCHOR PILE TO ' FORCE MAIN Ir �f r —Oi. K 1K RC K��w,gt u'wol Yt K aR t _ _SPI• r01Y^y1\f rl 41 u nrnr.wrrna...r P�wo9 Y tl M L M • h N d . A (ti N h��M 11 NRKir.uc; ,.'.0 IM PeoO_T—' ' 11/ W ---W FPL 4PAPOM PROX 9.6 � EDGE.OF OLE TO FORCE "`Pole # s AIN. 266M4 LLI�c s+e: �o+poastwt � M J 12 I !. n ��r1tl�`.r�� .�rngrwi iarawra.wa i - ?A� ',rvi1Pi '.m a ,n. ,. _ -1 ..1 .-.d a. ,....,�.,.wns :..v1" !"e'vN sr -y `' `•v.. lmM: Yd„w,'. _ . LEGEND sera "M"". : _ . ® �Pc.aw eaaacr maWa6q i nay, a AealeNP. ' a Plmatintf:'totM� • ' Ie1QfQ7pD�uYCi _ y olccrarreaa- 'S�.41•fe � 4ioY Fa -4 {baa ,rppi4"'j01SmwSu'iute"w"'irs�w..er 07 1"30 si&16.66 ENGINEERING ,LEGEND w. W FLU ST, 12 - 7 77 M, LU IT- c 0 ar�towea O's NONE moommon 1"30 si&16.66 ENGINEERING ,LEGEND w. W FLU ST, 12 - 7 77 M, LU IT- c 0 ar�towea O's S -Z LU 0 A ALIr 1"30 si&16.66 ,LEGEND w. ST, 12 - 7 77 ar�towea O's ol I ti ,LEGEND ST, 7 77 ar�towea O's DETA-,lLfROM:,$HEET 05 W - .DETAIL FROM SHEET 0.8 K ENGINEERING r. 4MC LL 09" s F bo qld 9iM �[ C'A� � y4+1 UNPAYM AREA CH f��ifllL — Fpe }rsYAii ¢7105 —PM -1 r. . tonacr a w R�'a� Ylt f0 rn!Cx v k sm a -r.. G—F �' 1Lm.tK ]eL1 fNG3N EEd[NG 1e�16�tl —�_.__.'Ar ®Fc ...Pew .•.+...or �iLUR eLu�+.-x.'f[j _s • • EXHIBIT "C" PF'L, NOTIFICATION OF FPL FACILITIES taxstm,arrAgency. DaleolMeadmpCantad lova P�rq'Vecl rllame --_--- - Zell Nwl�r— FPL Regeserdallro _ _ , - -.- Do'rcfoporlCorrVa7Arftepreaenlatve FPLYyak Regaasl FMrarlc FPL cols your alterrdott to the fad thatihare may ba enar&m, high VdW9e elerhic saes, bops warhead and ondergrourid, locetod in the area of tMs praje& itis kmpe(a*o that )roil Wsuav sunny the, area and that y ou she lake the necessary steps to me* oQ Mhoad and uri6er91oomd feAhl pale (a codrne KkV construction to deWff*w %WJw rico eonstnrcom at any prapmW 6nsprevemenls bg bring any j x,100, machinery, equ>pntsrst or otded doser to FPL's paortasesU,anlhe0$FIA-prssct�edtmgs, fill VIA you PWdOcrrodes1grtyour pr*dto*wRtobebaltsafayghenlhepre-Wds"'swlo pmtivrlcol, ormakearrm9ementsysll, FPL toap,ordcenerg(zoendg(oundonrfaalpos,arreixarefhem, elyouraxpensayou roustdothisbeforealloWngany eonstntciloddearlhopower ones.alslmposs `ofarFPLloknovapm tuhedrecorm(Owooniractorsarsuboonya0lars,andpra'� ptoyemW3o ata or use acnes, 400 apparatus or oft moMe "*A=L of ban* aWAdills a loos, In dangerous proximity b such pubw ft dn6rg the 0=6 of cons(n Jw,and,Uso,trhanaldWwe. Therese ifilbewmrie myforae�eanYactafasulppnVac(a,a0�etremployeos 10op0rabahaadeuano;, (k64 appa Nm, draglnes, rnobfa a#p we at any act q pm,eak tools or maledds in suds a manor hal PM mbM come c§xor to wdagro W or overhead parer frres "A Is pNxm W by face,, stata Of federal fegtrlafaas, )W ON any 4ur1t romt(acbor or suboadrador mast mdfy FPL In w7ng o1 such planned opaa5on pdor b the eommexxl MI (heredaid make eft necessary arrangements Ks1h FPL h order b carry out the v odc Ina salo manner. Anyvv* hl the v10nity of the oiectrie lines should be suspended unto (heal erfangements aro Oaalbed rind implemented, iheNefatdEled�fealt�(ery0odo{NESC?presulSosoYnlmuatdearanees(halmuslbamstelalrted HYOU b0d)atrsbvdumsothat pwsodowamesmnot be maintahed, )rod may bo xquIrod to compensate FPI. for the reba6w 610t 1800 to oanOwah gorse dearantos, As such, yvu AWd contact FPL pair to =WWXN Mdhclkn neer pue•eWaq undsrgnwnd or overhead pxmu dries to mate sure IMI your proposed impro'rerre nl does not 17#ntgo upon the NESC clearances, RIs yourraspanslbMY W 0,e respoMVy of yoxcvnVadas aW aubcormow ca Ihts praed bdy'eent r fiMl U*kOozdng obYgathm: I. 6falca ebsaMO/ONWA that 91 persons respoafte for operating at har&V cram, dggra9 apps X#, dreAls, moNe eWOMator any viulpn'm410,ortnakdaloaprabtedeaftfingapaact614, ere incomplance%X#loff Wcab,estateand (dere,ragcda7ons,kxks Abut noth%edto U.S. Deparbneotof t2bor09M Reg*tlons, iWo pedordlogINk"k 2. Make sure that all claw; d49tipapparakrs,drags*Prab}eetia"ient, and all oherequ�rwjormA,&*capsbleofwaft a perm Gro have attached to 0tem arrywamhgsigns M"cd by U.S. Deparknent cit.aaOSHARgdasns. • 3. Postatd mahlea proper,rarrd�{ ayes and ad,dse e1 ampa0yes;, nesand old a'0:e� of their obfgaCar b Leap tisryrsetres, that teats, matedatsand cquiwneniarrayfrom parminesparole (0i10'ftOSTIAWhIr mapproschdideaces(referto0.4FIArcoMonsforreshmons): a;erU 0�t04�4 "Personnefand�arforeent ifAYel-. (29CFR1910.333VA191aae4) (29CFR19z8.1c07,14e8) {29CFR1926fp0-Ea caO {1920.1411-CnnasandDnex 0.760 VMS 10 Feel to Feet 4 Fed 4 Fant 70 CAM vcds 10 Feat tOFed 4Fo0 6Feal 89.000volls 11 Fee, Wed loped Wed 116A0D vdls 13 Feet 15Feet 10 Feet Meet 138,000 volts Wall 151ad 10 Fag Wild 230AM volts 16 Feat 20 Feel loped 10 Feat 60,000 volts 25 Feet 26 Foot 18 Feet 18 Foo! 9YhenuaeeNatnoflfavrollage,m(etilnadtsbrtcao(2Q(eo((orvooagaeopp10350,0 0Witand0rfallorvollagessmaleribsn350,000Valk. "Ferpswlsda(�rdsNirl)JssWsledaeePldaryC4rdfdeNld59pug7605Yts arddeA,lid(t,�t7<aetOFeelallureenegricdmiductorstassp;an750M1 For Qdaldfedp>erscnoc4arsfGsdslaiaerali8egdirnrtn rtgVrcas4uscJ29CFRi9Ma13,dsrss�smaybated dosdbthoseshmntnWM1910=Tft8-i. 4. A0 exceratOrs are r0qulrfd to oor,tttt the SunsKno Stale are Czf d Florida pu'oem numixr 18Wd32d770 or 811 a mfinrmrm of hm vanSdng days (extkrSusg weekends) In sdranca of aommencerxatalaxcaradon M ensure (xi➢Cas sed located sawaloly. 6. Conduct a3 fomfons and exca'rafems In eccadanoe WA the Florida SWVo 566 of Die Underground FadWbs Damage Preveoden & sAty Act and all localdy and ocuntyadVwms Mmay appy & Yrhen ori excaMon Is to (eco pdaoo &M a t0terence z0rw, an excavator shall use hxteased caufors to pmlcd uxfergmWofacases. The ptdted'ar 10#rs; hand dWrg, pot hoing, $OR dW?Ag, vanruns mehCds, Or s10arprucedures to kW* underground facifties. A copy of No na9cft must be provided by you to aeric 000,001 sad suboorltradar on ills peed, t0 bo sbared tv9h tbdf supen4con and amprbyess pdx to counea ft s,nmk 0n this P400L b',erns by,vh:th 1Rs nslSxFca,ws provHrii W arsfemxtadtxoen+rtclx -.�. Address — FPt. RcpxesmAgta S}J MV Once 5iia1K4-1erek �iP.h94IMRepeiWa 8brkArrs�tria- rcca354pr.,, 4allsl is Farm 3740GRON Rev. 07/31/12 Paqe 10 of 10 Frvm= [icy` tq non G.2o• imSlflti Aa�ru�1" Wt6ALd see}eta n[: Inmu PO! - N,Ni st0 wrr: r. n,.•.mw r7, ms7 L-: W. I think you slraukl also in !icatc the altema[iae plan4ngs need the approval or FPI, and the County. scow a scone Assistant Courcy Attomey Collier County Attafneys Office {239252-5740 From: TempktvnMark Sent: Friday, No rrtber 17, 201710:09 AM Tm eob Mulhere sBobMulhere@hmeng.conrn Cc Wilson Garcia aWIImnGa mia0hmenlix0m>; Tom Taylor q—l.ylar@hmenp-ootn>; RellowsRay iRay8e3low5@wfllerg--nen; SsoneScou RelschlFred sFmd Rsischlpcolliergoe-nen; Stephanie Karo! <5Wphanie%arol@ hme ng.c Subject RE: Hiwa4se Pei • e4a pies Motor Coach SOP cow Scott FPL is ok with palms as long as they are located such that the line Is 24Y from the end of a Frond as shown in the below Image from the FPL webstte.I Think though that the language you want to add is ok with a slight tweak. Something like: Artive plantings maybe adAmd In place gfP0mr within Orr FPf tatrment. Altemative plantings musr be aerectrd/rom Fp['s recommended Ant A;I and most meet the 'Wim—= ofsecrim 405.00 0 the Li1C 0 0 Pay Gal Q outages � Moving = Menu Q F:PL- Log M ErnailMdre5slUser I Pass:vord koG lh aetnar t)erM. user to I_ Forga Exalu Veer ID or RasywlYd I Raylsler Flaca, you can hep reduce pa6ver outages and flickers For you and your neighbors Here are rive simple steps to smart landscaping pMawm WlWlrl lied am Tries et � wca C49,C.." Mark Templeton, RIR Pilncipal PlonnerlLorrdscopr Review Cale. CnurcyGrowth M—prmem vepart—t aevNepmenl Review cwm- 2800 f for moe u W pIGL F130106 Phone: 239353.2675 F.: 239-252-5965 Disclaimer- tlsis mail is " to be inurpnowd as an cndommcn, or appmtd or an) permit, plan, project, or &n iation from the Lard D-nciopment Cede. How are we daim0 Please r•vrr MIRE h, riA out o C• -'Or &r Survey. We eppr+ektin yaw Feegibmki From: gob Mulherc fmallm-tsohM utherelathm•nptaml Sem: Thursday, November 16. 2017 2!36 PM Toe TernpleppnMark [ MarkTemoleron®milia tg� Ce: Wgson Garcia Tom Taylor 4T-nl[ aIor0hmene .nn+a; geHpwSRay[gay) s� .+tr I nn•, n• >; StvneSCatt<sc�xr5t�ne�cn lliergw neol FeischlFred s Fr•HR•irrh]�eMlrrnen.rrn; Stephanie Karoicnl..nl. Carnl�hmenaromS • • • 18 Subject Hiw POI - Naples Motor Ca 6 SOP Marjr: Re; Hiwa sse, It rums out that FPL wlll not allow planting of Sa WI Paims (or any is 11 palms) within the FPL Easemm e, although the approved larrdscape exhihil (an ached to the PUD as Fxhibit'C'I alI.—Isuggesls them. I propose add inga atatewrit to exhlhlt -C-of the NO that reads as (Wows: -Rhe rnalhe planlings may be utilized in place of the suggested palms, with FPL and Collier County appmp al." Sine ExhilrWit "C" Identlifles the 115t of plant material as "%ant Materia15uggesrion' this should be no problem. Stan, i am addressing your other caromed s. in a pending resubmidaL ", do you expect to get the 5uMciency letter to us shortly? Arty other mmmenls besides Sco¢s] B.6 Al>, fiflCP G� P,,=�.a Pae+nibs .Psrari�.r 959 Encore way HapleS t�34310 ❑ 4c 239254,2000 O+rect 239254-2028 Fu 239.250..2014 Cell: 234.825.4373 $er 9 CNanbs thn—gheul S"ohy si Fonda ald— 1966 nprnwoe+vbv.e,.n..nw.a�xrw.w.s.r..�wY.rrr.g�wr..ro.ne wnry �+.rk •Ya �.r.wwnwr w.�wranwaaa ew mr.vr pwa a.rry NeW m•er�e..dnrdr�v.nroraavw w�v�Y�••i•a•,�•yrser.e.ernrnwn...p.ap Jr..we..n. .Mw p�ra+w nvtir. M. Fa Ose "rr rtiti M1>,rw r r arw rsrau+.rrNr. aelYp�a.rrl nawlKw�Nl�.ewr.e.fvp.w.�w ewe..a rr Y`wf�w�wvtr �yYr�v gr�+.ber.abrY...Yfr n...a...a,.m.a ra w.er�,n.nre, r.e �ry tinder FlarWa Law, aadd--Msaadd--Ms are POIC records. if you tie net want your e-ma.1 address released in response to a public mmrds request do not send ►Mctr4nK mail to this Yntuy. Iratead, contact this .face by telephone or in v ilirlg • 0 NIM Summary • Hiwasee PUD (PDI -PL -20170002544) November 15, 2017, 5:30 PM Wednesday, November 15, 2017 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive, Naples, Florida 34109 The NIM was held for the above referenced petition submitted by Robert J. Mulhere, FAICP, Vice President, Planning Service and Business Development of Hole Montes, Inc. The petition is described as follows: An amendment to Ordinance No. 04-20, as amended, to allow for An insubstantial change to the Hiwasse PUD, Ordinance No. 05-59, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, to remove one deviation relating to sidewalks and bike paths, to modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 • East, Collier County, Florida, consisting of f13 acres. Note: This is a summary of the NIM. A recording is also provided. Attendees: On behalf of Applicants: Bob Mulhere, FAICP, Vice President, Planning Services, Hole Montes, Inc. Tom Taylor on behalf of Livingston Professional Center; LLC County Staff: Fred Reischl, AICP, Principal Planner Approximately 5 members of the public attended. Note: 3 members arrived at 5:00 PM and requested a summary of the project as they had another appointment and could not stay. They were residents of Kensington Park. After Mr. Mulhere explained the project and proposed PDI changes and responded to their questions related to access, building. height, location of County easements and proposed County 10 foot wide bike path/sidewalk, they left at 5:20 PM expressing no concerns with the proposed changes. At 5:30 PM, Mr. Mulhere started the presentation by introducing himself and County staff. He • then explained the NIM process and the process for approval. Mr. Mulhere provided an overview of the project and reviewed the proposed insubstantial changes, including the need to provide for alternative plantings other than Sabal or Washingtonian Palms in the landscape buffer within the HA2001\2001076\WP\PDI\NIM\NW Summary (11-17-2017).docx • FPL easement adjacent to Kensington, as FPL would not approve these type of pants die to height concerns. Since the ability to use alternative plants in this buffer was not part of the previously submitted changes, and the issue only came up a day before the NIM, Mr. Mulhere indicated at the NIM that such flexibility would be requested and that any alternative plants would be approved by both FPL and Collier County. Mr. Mulhere then explained all other requested changes. Two members of the public were in attendance. One was a resident of Kensington one was a resident of Brynwood Preserve (east across Livingston Road). The attendees asked several questions related to the following: • Site access • Lighting • Building height and locations • Hours of operation • Location of pathway • Location of proposed easements • Buffers along birder with Kensington and along Livingston Mr. Mulhere responded to all questions. Having no further questions, the attendees thank Mr. Mulhere. The meeting concluded at approximatel • y 5.;25 PM. • HA2001\2001076\WP\PDrNIM\NIM Summary (11-17-2017).docx Napttg 43FIIIIj NtWS � NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally. appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daiy newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Cul Iier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discoQnt, rebate, commission or refund for the purpose of securing this 'advertisement for publication in the said newspaper. Customer Ad Number Copy [ne HOLE MONTES INC Pub Dates October 30, 2017 (Sign tune of affiant) Sworn to and subscribed before me This October 30, 2017 �� mw� f (Signature of affiant) 1799288 The Hiwasse NIM x�ywuk-sw�eotRmaa rvmNsslonlGGtSE041 •� MyWmea.Fygm1�1�9.2671 P.O.# • • • • 24A 1 MONDAY, OCTOBER 30, 2017 1 NAPLES DAILY NEWS Explosive growth of e-commerce could mean more jobs Christopher S. Rugaher ASSOCIATED PRESS WASHINGTON - When the robots name to online retailer Burred, dread came too: the familiar fear that the ma- chines would take over, leaving a troll of unemployed humans In their wake. "I had a lot of people asking me, 'What Is going to happen to us?'" said Veronica Mena, a trainer for the e-com- merce startup. Amdety had rippled through her co-workers after company executives announced plans to open an automated warehouse in nearby Union, New Jersey. Yet their fats didn't come to pass. When the new warehouse opened this spring, workers found that their jobs were less physically demanding thanatthe previous, manual warehouse in Edison, New Jersey. And rather than cutting jobs, the company added a third shift to keep up with demand What happened at Boxed — and has occurred elsewhere — Suggests that widespreadfars aboutautomationand job loss are often misplaced. Automa- tion has helped create jobs in e-com- merce, rather than eliminate them. By accelerating delivery times, robotics and software have made online shop- ping an increasingly viable alternative to brick -and -mortar stores. 'We need everyone' for work The surge in e-commerce bas re- quired the mpldbuild-out of a vast net- work of warehoussa and delivery sys- tems that Include both robots and hu- mans. Even if the robots replace some people in each warehouse, the prolifer- ation of new warehouses should still generate hiring for years to come. 'Were not looking to do the same work with half the people," said Rick Zumpamo, vice president for distdbu- tion at Boxed.'Since we're growing, we need everyone Jobs have been lost at storefront re - tellers, which have sufferedunderthe e- comInerue onslaught But worries about a'Yetail apocalyps e" wiping out manyof the nation's 16 million retail jobs have missed a more important trend E-c:anr- merce actually leads to more jobs by Packages ride on a conveyor system at an AmazoMfulfiliment center in Baltimore. Automation has helped create Jobs in e-commerce, rather than eliminate them, experts Say. PATRICK SEMANSKY/AP payingpeopleto dothings we usedto do ourselves. When people shop online, tasks that consumers once did — driving to a SOore, searching through aisles for a product, bringing it to a cashier and paying for it — are now done by warehouse employ- ees andtmck drivers. People spend less time shopping than in the past, research shows. That means the bankruptcies and store dosings in the retail sector arent the complete picture. Michael Mendel, an economist at the Progressive Policy rnwi+rte, calculatedthat the number of e-commerce and warehousing jobs has leapt by 400,000 in the past decade, easily offsetting the loss of 140,000 brick -end -mortar retail jobs. Amazon accounts for much of the ad- ditional employment. Yet it's also at the vanguard of automation. Since 2014, Amazon has deployed100,000 mbots In 25 warehouses worldwide. At the same The public is invited to attend a neighborhood information meeting held by Robert J. Mulhere, FAICP, Vice President of Hole Montes, Inc, on behalf of the property owner at the following time and location: Wednesday, November 15, 2017 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater* 2385 Orange Blossom Drive, Naples, Florida 34109 The following formal application has been made to Collier County: Petition PD1-PL20170002544 -The Livingston Professional Center, LLC requests an insubstantial change to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwvassc PUD to provide for a deviation from the perimeter landscape butfcr along the southern PUD boundary; clarification of required front yard setbacks; requirement that the developer grant to Collier County various utility casements; and, clarification of the requirement that the developer grant to Collier County an casement allowing for a 10 -foot wide bike path/sidewalk. The subject PUD consists of 12.5± acres, and is located on the west side of Livingston Road approximately''/. mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida [PDI-PL201700025441. 1 P" — s� Y THE HFINABSE. PUD WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phonq or e-mail to: Robert l Mulherc, FAICP, Vice President, Planning Services Hole Monica, Inc. 950 Encore Way, Naples, Florida 34110 Phone: 239-254-2000, email: bobmulhcm@hmcng.com *Please note that the Collier County Public Library does not sponsor or endorse this program. October 30, 2017 ND -1799288 thne, it's nearly tripled Its hourly work- force, from roughly 45,000 to neady 125,000. Online grocery shopping is also cre- ating more jobs. Walmart is expanding its online grocery pickup service to 2,000 Storrs, double the 1,000 where it 1s now available. The company has cre- ated anew class ofworkers —"Personal shoppers" — to till all the orders. Human judgment still needed Lhrenwith automation, there are Still jobs at all these warehouses for people. Barbara Ward, 56, is a parker at Boxed, and like all her colleagues, she writes a thank -you note for each order she packages. When a customer bas or- dered diapers, a packer might write a congratulatory note. At Amazods Baltimore warehouse, employees called 'Stowers" stock the shelves that are carried by robots. And that requires human judgment Soft- ware suggests to corkers where each item should be placed But its an em- ployee's responsibility to make awe the tall, narrow shelves remain balanced The explosion of online commerce is also building demand for higher -paying jobs in software and robotics. Nearly 14 percent of software job listings are now posted by retailers, according to data analyzed by Glassdoor, the job recruitment website. That share has doubled from 2012, said Andrew Cham- berlain, Glassdcots chief economist. Automation and robotics will only get more sophisticated in the future, which will threaten some jobs. "What's going to happen next Is m- botle arms, combined with vislontech- nology and suction technology," said Marc Wutfaiat, president of MWVPL, a consulting firm. "You can be dam sure that Amazon will take the first swing at It" *4M HOLE MONTES ENGINEERS • PLANNERS - SURVEYORS 950 Encore Way - Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254,2099 October 30, 2017 Re: The Hiwasse PUD (PDI-PL20170002544) HM File No.: 2001.076 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP, Vice President, Planning Services and Business Development of Hole Montes, Inc. has made a formal application to Collier County: Petition PDI-PL20170002544 — The Livingston Professional Center, LLC requests au insubstantial change to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD to provide for a deviation from the. perimeter landscape buffer along the southern PUD boundary; clarification of required front yard setbacks; requirement that the developer grant to Collier County various utility easements; and, clarification of the requirement that the developer grant to Collier County an easement allowing for a 10 -foot wide bike path/sidewalk. The subject PUD consists of 12.5± acres, and is located on the west side of Livingston Road approximately %a mile south of Pine ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida [PDI-PL20170002544]. In compliance with the Land Development Code requirements, a Neighborhood Information • Meeting will be held to provide you an opportunity to hear a presentation about this amendment and ask questions. The Neighborhood Information Meeting will be held on Wednesday, November 15, 2017 at 5:30 p.m. at Collier County Public Library Headquarters, Sugden Theater* 2385 Orange Blossom Drive, Naples, Florida 34109: Should you have questions prior to the meeting, please feel free to contact me at 239-254-2000. Very truly yours, HOLE MONTES, INC. 1/l Robert J. Mulhere, FAICP Vice President, Planning Services RJWsek *Please note that the Collier County Public Library does not sponsor or endorse this program. • Naples - Fort Myers AFFIDAVIT OF COMPLIANCE • I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. • (Signature of Applicant) ROBERT J. MULHERE FAICP (Printed name of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of compliance was acknowledged before me this 2nd Day of November 2017, by ROBERT J. MULHERE, FAICP, who is personally known to me or who has produced. (Signature of Notary Public) • Printed Name of Notary as identification. HA2001\2001076\WP\PDI\N1MV ftidavit of Compliance NIM (11-2-2017).doc (Notary Seal) sy P STEPHANIE KAROL *�i°`ter �A' Notary 0.011c - State of Florida » • Commission #F FF 939940 My Comm. Expires Mar 9. ?020 �PO"`" 0a*d thm* NftW NoIxy Assn. 13010 POSITANO CIRCLE #306 LAND TRUST 145 CUNNINGHAM DRIVE BARRIE, ON CANADA L4N 5R3 ALAN B HARRIS REV TRUST 30 3RD AVE S NAPLES, FL 34102---0000 ANDERSEN, HAGAN & LUCILLE 3270 HAMLET DR APT 4 NAPLES, FL 34105--5678 ARAMBALIS, ANGELO & BESSI 71 HALIBURTON AVENUE TORONTO,ON CANADA M913 4Y6 BALGOJEVIC, MARINKO MARIJA GLAUG BLAGOJEVIC MARKO BLAGOJEVIC 526 MELROSE AVE TORONTO,ON CANADA M5M2A2 BAXTER, WILLIAM DOUGLAS 215 IRWIN AVE ESSEX, ON CANADA N8M2T5 BESTE, JAMES D & JOAN G 1145 CEDAR ROAD AMBLER, PA 19002---0000 BRIDGETT, SHELLEY DEE KIERAN FRESHWATER 12990 BRYNWOOD WAY NAPLES, FL 34105---4804 CAMPBELL, GERALDINE 5205 BIRMINGHAM DR #202 NAPLES, FL 34110---0000 CHEN, LI SHEAU CHIALIN CHEN 3282 BANCROFT RD FAIRLAWN, OH 44333---3048 TAIp�ES' 0918/09G&®ti9ny Dane alglledwoo ww Lg x ww gZ iewaoi ap allanbll3 OgLg/09G5®l jaAV 4l!M olglledwoo „8/g Z x „G ozls lagel • I ' ABELSON, JOAN S 4168 KENSINGTON HIGH ST NAPLES, FL 34105--6646 I: I ALBER, UTE C 4216 KENSINGTON HIGH ST NAPLES, FL 34105--5667 ANDERSON, JEANNE EDMONDS 105 SPYGLASS STREET ST SIMONS ISLAND, GA 31522---0000 i . 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Avary ®51fi0/RifiO • NEIGHBORHOOD INFORMATION MEETING THE HIWASSE PUD (PDI-PL20170002544) WEDNESDAY, NOVEMBER 15, 2017 AT 5:30PM PLEASE PRINT CLEARLY ***T>Lease be advLSed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. Name 14 ,� Address City, State Zip E -Mail Address ZPy!mss~ A/ A,; arn-E f -(c J C� m' ld cr & 2 sG._ ?C ,z! a /Q_rSvNl.( N iL) �7ZS ('GLr �r� i. rss�i�i��L/� f'Lr , Cad SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) 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 the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ROBERT J. MULHERE, FAICP 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 PDI-PL20170002544 SSG ATURE OF APPLICANT OR AGENT 950 ENCORE WAY STREET OR P.O. BOX ROBERT J. MULHERE, FAICP NAPLES, FL 34110 NAME (TYPED OR PRINTED) CITY, STATE ZIP # HOLE MONTES, INC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 22nd day of December 2017 by ROBERT J. MULHERE , personally known to me or who produced as identification and who did/did not take an oath. ww"'. STEPHANIE KAROL yy Notary Public - State of Florida Commission # FF 939980 My Comm. Expires Mar 9, 2020 E° ,` Bonded through National Notary Assn. My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 SignatuIe of Notary Public STEPHANIE KAROL Printed Name of Notary Public • C • 0 0 0 PUBLIC NEARING REQUESTING AN INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT PIDI) PETITION PDI-PL2017000 544 HIWASSE PUD — 10 It HEARD BY THE COLLIER COUNTY HEARLIK EXAMINER (HEX) A EIIDAIRD OF COUNTY COMMISSIQNERS I8CC) PETFMN NO- FpI PL9I7W251# - IRVIk65TOIN PMESSiE NXI. CiII118, ILC MAUESTS 0 INSUBSTANTIAL MAKE TO TIME SIMSSE P911, 4A8II UCE NO. 11-51. A5 ARINVID. iQ REM IMF FN#IIMIT YARN SETBACK. RIVIS# A OEVILOPrAENT CUMIN HINT RELATING TO TAANSPO TATIOX. ADO TWO NEW DEYEWHENT COMMITMENTS RELATING TO UrFILDLES. ADD l*AO NEW DEMONS RElAliNg It LAIIOSCAPING AND 9OFFERINt, .aEjjM OIIE DITIATION aEtAlIRC TA SItEWALXS AND 911f PATIsS. YGQIFY Fl-- ptilT vATERIAL NATES GA FI N I I IT 'Cl AND REVISE T11 "VASTER FLA11 TO REFLECT MESE CRflliSM TIRE Sll$,IECT PROPENTT IS LOCATED ON THI; WAST SIDE OF LI91 ST111 BUD. kPPWINAT#I!Y ONE + OWER IME WTH W PINE 1I04E ROAD IN SIECTI)DIi 13. TONN$W 49 SOIIIII. RANINE 15 EAST. COLUER COUNTY. MkRI iA. CNSIST116 OF IT+, - ACBES - HEX GATE: ,fail, 11th. 2018 - 9;OOAK CONTACT: FRED REISCHL. AICD. PRIR-CIPAL PLANNER �. BCC DATE: FEB. 27M, 201E - 9:OOAV PHONE: (2351 252-4211 FRED,REISCHLOCCLLIER00UNTUL GOV LOCATION FOR HEX HEARING. GROWTH MANAGEMENT DEPARTMENT. HEARING EXAiliNEfl MEETING ROOM SOS 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 r LOCATION FOR SCC HEARIN& SOARO OF OOUNT Y COMMISSIONERS' MEETING ROOD, TVIRO FLOOR, COLLIER COUNTY to GOVERNMENT CENTER, 32 9 TAMIAMI TRAIL EAST, NAPLES, FLORIDA s rt T . fAn. 4 i BBLIC 14EARING REMM TING AN INSUBSTANTIAL C14ANBE TO A PLANNED UNIT DEVELOPMENT (PDI) PETITION # POI-PL201700025 4 HI ASSEPUB -4M BE HIkCDIF;RCCI By ;vj taLtltR �OUIW?1f NEAR190 EXAMINER INEP 1 " PUD n u ' KENSINGTON PARK u, n DEVELOPED RESIDENTIAL AND GOLF -------- _ ____ ------------------------------ ______ ___ a . . _m _ m _ _ __------------------------------------------------------------- Rp__ 9Q ------------------------ .p4:��om�avl�� .. ------------�a= _� �- ' f ® __n_ _— ..______ —_ I I 1 V _... °ao0 ... – --- RELATE – --- --- �� ------_ _ ROUP _ THE D G r - -.- - - - - - ° TYPE "B" BUFFER (15')® TYPE "B" BUFFER (15'),— i PUD EXISTING WATER aQ GRAVEL I i 1 LA COSTA APTS. 1 MANAGEMENT L�' ROAD AREA,; -- TYPE "D" BUFFER (10') n {i �� REQUIRED r 15'C.U.E. u w II 235' FPL. EASEMENT f u � 1< �� SREQUIRED 20'C.U.E. ® � . SECONDARY ACCESS TO —-----------------------.- . . . . . . - - - - LA COSTA (PRIMARY ACCESS PUD o ICI'i ii ii ----------------------=---------=---'--- -- -- -- --- --------------------- -- -- -- ----- x>y tt t OFF PINE RIDGE ROAD) III� II " -------------.--------------'------------------------ "'-- 7-7 –'–'-----------------'---__ -- KENSINGTON PARK 0 ° '� WATER MANAGEMENT AREA * ® 1 IO u REQUIRED 15'C.U.E.® ®' ___ 1 MAINTENANCE y �e ACCESS 70 COUNTY Q BLDG.) i, lQ it DETENTION I l I NO BUFFER REQUIRED w ° EDETENTI% TYPE A ®(DEVIATION 'A' ND (155' EAST/WEST) ° i, V BUFFER TYPE "D" BUFFER (15') OR gROPOSED TURN LANE TYPE "D" BUFFER (15') TYPE "B" BUFFER (15')** ________________________________________________ =_ =_-=— �= s=s—e=— LIVINGSTON ROAD ---------- `,\ ACCESS CLOSED iPER COUNTY I I , PUD i ZONED A PUD I PUD ARLINGTON LAKES 1 VACANT ) BRYNWOOD PRESERVE BALDRIDGE ( DEVELOPED RESIDENTIAL 1 ( SINGLE-FAMILY RESIDENTIAL 1 1 SHOPPING PLAZA 1 i DEVELOPMENT REGULATIONS: MIN. LOT AREA 20,000 S.F. MIN. LOT WIDTH 100 FEET MAXIMUM HEIGHT 35 FEET 0 FPL EASEMENT AREA = 7.55 +1- ACRES (60% +1- of Total Site Area) MIN. FLOOR AREA 1000 S.F. (GROUND FLOOR) DEVELOPMENT AREA = 4.97 +/- ACRES (40% +/- of Total Site Area ) DOES NOT INCLUDE 0.48+/- ACRES OF TYPE B DISTANCE BETWEEN STRUCTURES 15 FEET MIN. OR 1/2 BH ON SAME PARCEL BUFFER LOCATED WITHIN THE FPL EASEMENT OR 50 FEET MIN. BETWEEN INDOOR STORAGE APPROXIMATE TOTAL AREA OF SITE = 12.52 ACRES (100%) BUILDINGS a MIN. YARD REQUIREMENTS: © FRONT YARD LIVINGSTON ROAD - 25 FEET, MEASURED FROM THE PROPERTY LINE, W INCLUSIVE OF ANY EASEMENTS. NOTES MAXIMUM BUILDING HEIGHT FOR PROPERTY IS 35'. g EATONWOOD LANE - 24 FEET, MEASURED FROM THE PROPERTY UNE. s THE WATER MANAGEMENT AREAS (6.0 ±)MAYBE LOCATED WITHIN THE FPL so o so 120 © SIDE YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. EASEMENT, SCALE IN FEET 3 ** PLEASE SEE SECTION 4.17 c. 2 OF THE CPUD ORDINANCE. SCALE : 1" - 60' s 8 REAR YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. Q7 C e REN90N S11BG5 -M PFR LllURrY ATrpME7 11/16/17 g lE%T `Mn-pO A1111/177 ryC.H.H. "A�03 O8 950 Encore WaEHWtCFO COUHP' ATTORNEY Na les,FL34110 CPUD MASTER PLANPp JJEr z°n ""D.M.S.A�03 08Dim Phone: 941 2542000 sa�m eBor 1076PUD 4065THE HIWASSE CPUD QED ry I I art ��03 08 HOLE MONTES Flor;aaCertificateof EXHIBIT "A" KUE nsAaysmrroas ^Dm°dlafi°DNo.ms 'DATED 11/16/17 E 2001.076 1 OF 1 - Q b LIVINGSTON ROAD (PUBLIC) PROPERTY LINE 12'WIDE EXISTING COMPENSATING R.O.W. 15' WIDE TEMPORARY C.U.E. -- -- - - - ---------------- -- - ------------------------------- _ 25 SETBACK 25' SETBACK ----- ---- --------------------- ------------------------------ - -- - --- ----- --- ------------------- ---------- ------ — --_-______---.—.—._.--_._._. ------------- - ---j d- -t�xls�nxc ---------- .—. EXISTING 8* M. 'III III .--- —---s--''—•�--_— --------- ------ ---- -�� ----------- - -------- — — ------------------- — -- � �$ �n 15' WIDE L.B.E. iIIIi 4� . 10'WIDE � III I I II II PATHWAY I Ii it ii I\ I ii z r BLDG. 4 �_� e BLDG . 5 BLDG. _ .I I i NO BUFFE REQUIRED;; I I i (155' E ST/WEST) F REQUIRED s € t �a y s z 15'WIDE C.U.E. I II I+ I ii R, 24' SETBACK - 5 -WIDE FPL U- - - -- h{7 r EASEMENT x` M, Cxg ny`��a'.xv'a II Iii II I I W jl I I I Z I I FUTURE COUNTY 8"FORCE MAIN REQUIRED 20'WIDE C.U.E. FUTURE COUNTY 24'FORCE MAIN - I; II I II II I i I I II I I Q II I II �' ` " - ` ""' "ter _ t 6 777777777777 ,7 II I I I I --- - I -- -- — — — — -- --------- ----------- —---------- -- --- ------ — — —REQUIRED ---- FUTURE 10'WIDE ASPHALT \ \\ 15 WIDE C.U.E. ; I; Z Z SIDEWALK/BIKEPATH 20'WIDE STABILIZED FPL ACCESS 20'WIDE STABIUZ�6 ` `\ FPL ACCESS 10'WIDE L.B.E.J—J LU I REQUIRED Ir ®15'WIDE C.U.E. n �i__i II NOTE: q Q p EXACT LOCATIONS OF PROPOSED EASEMENTS AND SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS II MAY VARY BY MUTUAL AGREEMENT OF COWER COUNTY AND THE DEVELOPER. I 10'WIDE L B.E. iil `tl i i ii I i Ii, II ' I I ii HIWASSE P.U.D. 950 .les, FL Way Naples, FL. 34770 Phone: (239)254-2000 M HOLE ONTESF orlda Certificate of Authorization No.17 2 EXHIBIT A-1 EATONWOOD LANE and FPL EASEMENT INTERFACE EXHIBIT "FD �� 1076PD12 ...... 4887-01 ® , 2001.076 1 OF 1 cm _ � � NIA ,- _� �E Iov t.Uan - 4. Altennative plantings selected from FPCs re—manded plant list may be Kt MAt' utilimd in place of palms sithin the FPL ea enl. Such alt—ot1w, plantings shall be approved by FPL and Collier County. HIWASSE INCORPORATED - NAPLES, FLORIDA - EXHIBIT "C" LANDSCAPE DETAIL & VIEW ELEVATION / CROSS SECTION STUDY REV. 6/08 9/28/17 per County Comments Revised 11/28/17 Der County Comments AGENDA ITEM 3-B Cofer C014nty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION -- ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 18, 2018 SUBJECT: PDI-PL20150003482, PEZZITTINO DI CIELO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) PROPERTY OWNER: Distinctive Residential Development at Livingston LLC 1845 Trade Center Way Naples, FL 34149 APPLICANTIAGENT: Applicant; Distinctive Residential Development at Livingston LLC 1845 Trade Center Way Naples, FL 34109 REQUESTED ACTION: Agent: Mr. D. Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 The petitioner requests that the Hearing Examiner consider an insubstantial change to the Pezzettino Di Cielo RPUD to allow the following changes: To add a deviation relating to landscape buffers; - To add a deviation relating to fence/wall height; To delete one deviation relating to cul de sac length; To modify development standards relating to minimum structure setbacks; and - To revise the Master Plan to reconfigure the site layout. Page 1 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 principal and accessory Location Map @ Q PROJECT LOCATION VLEECOUNTY 1RRr• F R COUNTY SITE TRACT._ LOCATION s�. C) TRJuCT l-:5 Z IMMOK LEE RD TFAGi L-7fi m � ID a TfLYGT A � J J T IL 0 � Q RP U D TRACT L • 73 a r � a Location Map @ Q o 1RRr• F SITE TRACT._ LOCATION TRACT C TRJuCT l-:5 TFAGi L-7fi ID TfLYGT A (D p 0 0 0 RP U D TRACT L • 73 a r -FACT �-3 TR.6T CZ TTEAGT L -TU Q <-- I ra C', TR TFAGT L -T2 TRACT 03 Ty 0 P TRACT F bra MAE L -M CJ o C-0 ?RI Q TRACT 475 Q Q TRF O - o � O O O Petition Number: PL20160003482 Zoning Map GEOGRAPHIC LOCATION: The subject 17.52± acre property is located on the east side of Livingston Road, approximately one- half mile north of Veterans Memorial Boulevard, in Section 12, Township 48 South, Range 25 East, Collier County, Florida. (See Location Map on page 2.) The PUD is currently undeveloped. PURPOSE/DESCRIPTION OF PROJECT: The Pezzittino Di Cielo RPUD (Ordinance number 08-06) was approved on January 29, 2008. (Please see Attachment B.) The RPUD Ordinance allows for up to 43 residential dwelling units including single-family detached dwellings and zero lot line detached dwelling units. The subject property is currently undeveloped. The purpose of this Insubstantial Change to a PUD (PDI) request is to: - Add a front yard setback of 7.5 feet in order to accommodate the Hardesty Road easement located along the north property line of the PUD; - Add a waterfront accessory setback of 20 feet; - Delete the Affordable Housing Commitment, which was previously administratively approved for removal on July 14, 2015; - Delete a deviation related to cul de sac length; - Deviate from the required LDC landscape buffers in order to relocate the required LDC landscape buffers along the north, east, and south PUD boundaries to instead allow them to be placed offsite in the existing, adjacent Mediterra landscape buffer areas; - Deviate from the 6 -foot maximum berm/wall height to allow an 8 -foot berm/wall height along Livingston Road; and - Modify the PUD Master Plan to reflect a new site layout. SURROUNDING LAND USE AND ZONING: North: A landscape buffer, and then unbuilt single-family residential lots with a zoning designation of Mediterra PUD East: A landscape buffer with a wall, and then Messina Lane, a two-lane roadway with a zoning designation of Mediterra PUD South: A landscape buffer with a wall, and then a lake, and then Lucano Way, a two-lane roadway with a zoning designation of Mediterra PUD Page 4 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 West: Livingston Road, a four -lame divided median collector roadway, and then Mediterra PUD, developed with single-family homes See attached landscape buffer photos and Photo Reference Master Plan. iw Vd M Ad AERIAL PHOTO STAFF ANALYSIS: Comprehensive Planning: The proposed PDI is consistent with the Future Land Use Element of the Growth Management Plan. See attached Exhibit C: Future Land Use Consistency Review dated September 21, 2017. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. No revisions to environmental portions of the PUD are proposed with this petition. Page 5 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 Deoember 15, 2017 Transportation Element: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of the request. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. LDC Section 10.02.13.E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. e. Is there 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, there are no substantial impacts resulting from this amendment. f. Will the change 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? Page 6 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications 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 elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to 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 Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. Page 7 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings for the original application. (See attached Rezone Findings and attached Findings for PUD.) DEVIATION DISCUSSION: The petitioner is seeking to remove Deviation D, related to the cul de sac length, from the PUD Document as the deviation is no longer needed. The petition is also seeking to add two new Deviations to the PUD Document: a new Deviation D, related to landscape buffers, and Deviation E, related to fence/wall /berm height. The deviations are directly extracted from PUD Section V. The petitioner's justification and staff analysis/recommendation is outlined below. Proposed Deviation D "Deviation D seeks relief from LDC Section 4.06.02 Table 2.4, Table of Buffer Requirements by Land Use Classifications, which requires a Type `A' Landscape Buffer, to allow for no landscape buffer on- site but to provide the required buffer within a joint landscape buffer easement (OR 4160 PG 1841) located off-site along the north, east and south PUD boundaries." Petitioner's Justification: The property owner negotiated with the adjoining property owner in 2006 to create a shared landscape buffer easement between the subject property and the Mediterra PUD. The adopted conceptual PUD Master Pan depicted the buffers on the Pezzettino Di Cielo PUD property. In 2006, the owner believed that zero lot line development was the highest and best use and consequently the displacement of the buffers to the joint easement was unnecessary. In 2017, the owner believes that the market has shifted to larger lot single family. The larger lots make it both practical and necessary to utilize the joint buffer. Due to title issues involving a roadway easement located along the northern Pezzettino Di Cielo property, the owner has had to redesign their proposed plans, resulting in the need to shift the 10 foot wide buffers to be planted within the shared buffer easement. The existing buffer easement is a vegetated mature buffer that includes a berm, hedge and wall. The existing buffer, far exceeds Type `A' Buffer requirements and will be further supplemented by the additional (new) Type `A' Buffer plantings. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting_public purposes to a degree at least equivalent to literal application of such regulations." Page 8 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 Proposed Deviation E "Deviation E seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.F, Fences and Walls, which permits residential fences/walls to be a maximum of 6 feet in height from existing ground levels, to permit the perimeter combination berm/wall to be a maximum height of 8 feet above the Livingston Road average back of sidewalk elevation." Petitioner's Justification: This deviation is warranted because the existing grade of the property is significantly lower than the adjacent Livingston Road requiring several feet of fill to support the proposed residential project. The additional 2 feet is needed in order to place a 6 -foot high wall on the perimeter berm in order to provide security and to buffer the adjacent traffic noise from Livingston Road. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting_public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on October 26, 2017, at Vanderbilt Presbyterian Church, 1225 Piper Boulevard, Naples, Florida. The summary of the NIM is attached to the staff report. The following commitments were made by the applicant: - The project will be single-family. - There will be one access point onto Livingston Road that is the same as the currently approved location. - Buffer landscaping is going to be placed in the buffer easements that are already there. Pezzittino's landscape buffers will be displaced to the existing buffer area that is just off Pezzittino's property. - The wall along Livingston Road will be placed on a berm. - The project will have a loop road that utilizes Hardesty Road. - The internal setbacks will be reduced. - The front yard setback is 20 feet, if a side entry garage, then 10 feet. - The rear yard setback is 10 feet for a principal structure and 5 feet for an accessory structure. - There is no bulkhead proposed for primary lakes. - There could be modifications up until the time the hearing occurs. - The property is currently being replatted for 27 lots. - The project is currently approved for a minimum lot size of 5,000 square feet. Page 9 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 The commitments are part of the proposed PUD Document and proposed Plans and Plat. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on December 13, 2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160003482, Pezzittino Di Cielo PUD. Attachments: A. Proposed Ordinance Revisions B. Ordinance number 08-06 C. Landscape Buffer Photos and Photo Reference Master Plan D. Comp Planning Consistency Review E. Rezone Findings and Findings for the PUD F. NIM Transcript G. Letters of Support H. Minor PUD Change Letter deleting the Affordable Housing Commitment, dated July 14, 2015 Page 10 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 15, 2017 PRE PARED BY: rz"J NANCY G WACFI, AICP DATE ZONIN R ICES SECTION REVIEWED BY: lz7t7 RAY V LOWS, MANAGER D T ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Page 11 of 11 Pezzittino Di Cielo RPUD, PDI-PL20160003482 December 6, 2017 PEZZETTINO DI CIELO RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETTINO DI CIELO RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Distinctive Residential Development at Livingston, LLC Mr. Steve Fiterman 1845 Trade Center Way Naples, FL 34109 PREPARED BY: Richard VD. Yovanovich, Esq. Geedl e, Coleman, Yovanovich and jehnsenKoester, P.A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Q. Grady Minor and Associates, P.A. 380o Via Del Rey Bonita Springs, FL 34134 239-947-1144 Exhibit A DATE REVIEWD BY CCPC December 6. 200 DATE APPROVED BY BCC January 29.2008 ORDINANCE NUMBER 2oo8-06 AMENDMENTS AND REPEAL 2004-41 Words underlined are additions; words stmek M?wgk are deletions Pezzettino Di Cielo RPUD I Revised 08/16/2017 Attachment A TABLE OF CONTENTS PAGE SECTION I PROPERTY OWNERSHIP & DESCRIPTION 3 SECTION II RESIDENTIAL AREAS PLAN 5 SECTION III CONSERVATION / PRESERVE AREA 7 SECTION IV DEVELOPMENT COMMITMENTS 8 SECTION V DEVIATIONS FROM THE LDC -1i0 LIST OF TABLES AND EXHIBITS TABLE I DEVELOPMENT STANDARDS 6 EXHIBIT A RPUD MASTER PLAN EXHIBIT B TYPICAL SECTION (40' RIGHT-OF-WAY) Words underlined are additions; words s_`:- e-'_----. --��:=off are deletions Pezzettino Di Cielo RPUD 2 Last Revised 08/16/2017 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION i.i PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Pezzettino Di Cielo RPUD. 1.2 LEGAL DESCRIPTION The subject property being +/-17.52 acres is described as: Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, described as: The West 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East, LESS AND EXCEPT: A perpetual easement to Collier County, Florida for roads, utilities and drainage easement over and across the West 50 feet thereof. AND Tax Parcel 9.1 more particularly described as: Beginning at the Southwest corner of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12 Township, 48 South, Range 25 East, thence North 66o feet to a point; thence East 162 feet to the POINT OF BEGINNING; thence continue East 132 feet to a point; thence South 330 feet; thence West 132 feet; thence North 330 feet to the POINT OF BEGINNING; Subject to a road Right -of -Way over and across the North 30 feet thereof. AND The East 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4, less and except the North 30 feet thereof, and The West 1/2 of the East 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4, and The West 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4, and The West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4. AND PARCEL ONE as described in O.R. Book 3103, Pg 2950 Words underlined are additions; words stmek thfwbto are deletions Pezzettino Di Cielo RPUD 3 Last Revised 08/16/2017 The South thirty feet of the North 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East 1/2 of the East 1/2 of the East 1/2 of the North 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East. All Located in Section 12, Township 48 South, Range 25 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is under the ownership of: Distinctive Residential Development at Livingston, LLC Parcel Numbers 00147240oo8 and 00147840000) and Long Bay Partners, LLC (Parcel Number 0014668000g). n;�sfinetfi.ve Residential Develepmet &t LiAngsten, r r n 1. a eeatrraete fr-efn Leng Bay Paftaerrs, t t G The lands together make up the f 17.52 acres covered by this RPUD 1.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. LAND USE TYPE Single-family, zero lot line 43 Dwelling Units WATER MANAGEMENT +/- 2.2s87 acres PRESERVE AREA +/- o.82 acres ROADS/ROW +/-1.906 acres DEVELOPMENT TRACTS +/- 1:2.5i9 acres BUFFERS / OPEN SPACE +1-2.17 acres TOTAL: +/-17.52 acres Words underlined are additions; words stmek threug# are deletions Pezzettino Di Cielo RPUD 4 Last Revised 08/16/2017 SECTION II RESIDENTIAL AREAS PLAN 2.1 MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the RPUD shall be 43• 2.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single family detached dwellings. (2) Zero lot line detached dwellings. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages, outdoor kitchen facilities, privacy walls (6' height) pavilions, fountains, trellises, and other landscape features. (2) Common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. (3) Essential services, water management facilities and other similar facilities designed to serve the infrastructure needs of the RPUD. 2.3 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the "R" Residential District. General: (1) All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. (2) In no case shall the minimum setback be less than the required landscape buffer width. Words underlined are additions; words .stmek th..e,_o h are deletions Pezzettino Di Cielo RPUD 5 Last Revised 08/16/2017 TABLE I — DEVELOPMENT STANDARDS "R" Residential Areas Requirements Single Family Zero Lot Line Minimum lot area 5,000 square feet 5,000 square feet Minimum lot width 50 feet' 50 feet' Minimum floor area 1,600 square feet 1,600 square feet Minimum principal structure setbacks • Front yard$ 20 feet2 20 feet2 • Front yard for side entry garage$ 10 feet 10 feet • Side yard 6 feet o and 1o, or 5 feet3 • Rear yard 10 feet 10 feet • Waterfront 20&few 20 feet5 • Preserve boundary 25 feet 25 feet Minimum accessory structure setbacks • Front yard$ SPS6 SPS6 • Side yard SPS6, 5 0 feetSPS4, 6 • Rear yard 5LO feet 9 5 feet? • Waterfront 2010 few 20 few • Preserve boundary 10 feet 10 feet Minimum distance between principal structures 12 feet 10 feet Maximum height (zoned) 35 feet 35 feet ' Minimum lot width for cul-de-sac lots may be reduced by 20% provided the minimum lot area is maintained. 2 The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without encroaching into the sidewalk. Should the garage be side -loaded, plans must ensure that parked vehicles will not interfere with pedestrian traffic. 3 Where a zero foot yard option is utilized, the opposite side of the structure shall have a io foot yard. Otherwise, a minimum 5 foot side yard shall be provided on each side. 4 Patios, pools, 6 foot privacy walls, fountains, trellises, landscape features, screen enclosures and the like may encroach into the io foot yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. In no case shall these elements encroach into the lake maintenance easement. 5 Measured from control elevation. No setback shall be required from a Lake Maintenance Tract 6 SPS = Same as Principal Structure. 7 Accessory structures shall not be placed within lake maintenance easements or required landscape buffers. 8 A 7.5 -foot setback shall be required from the 3o' wide ingress/egress easement (Hardesty Road) extending along the northern property line of the PUD Words underlined are additions; words stmek- thtwgk are deletions Pezzettino Di Cielo RPUD 6 Last Revised 08/16/2017 SECTION III PRESERVE AREA 3.1 PERMITTED USES The RPUD Master Plan provides for .82 acres of preserve area which meets the 15% native vegetation preservation requirement. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations in accordance with the Land Development Code (LDC) and Growth Management Plan (GMP). No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following and subject to permitting: A. Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks within the preserve areas, subject to LDC requirements. Fences may be utilized outside of the preserves to provide protection to the preserves in accordance with the LDC. 2. Water management detention and structures, excluding a perimeter berm. a. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (i) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro -period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter or other document, then the native vegetation retention area shall not be used for water management purposes. 3. Native preserves. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC. Words underlined are additions; words sk thpwmgh are deletions Pezzettino Di Cielo RPUD 7 Last Revised 0811 612 01 7 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 TRANSPORTATION A. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. B. The developer shall provide payment in lieu of the installation of sidewalks on one side of the road per the requested deviation in Section 5.1 of this RPUD in accordance with Section 6.o6.02 of the LDC. The amount shall be determined by utilizing FDOT's 2004 Transportation Costs as amended. Payment in lieu of providing the sidewalk shall be required prior to approval of plats and plans for the first phase of the project. C. A temporary turn lane shall be provided for the project prior to commencement of on-site construction, and the permanent turn lane improvements must be complete prior to the issuance of the first certificate of occupancy (CO). D. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with, and as required by the Collier County's LDC, as amended. E. Arterial -level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. F. Access points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, or by an approved Developer Contribution Agreement (DCA). All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. Words underlined are additions; words stmek-tl pwmgk are deletions Pezzettino Di Cielo RPUD 8 Last Revised 08/16/2017 G. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. H. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Res. No. 01-241), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. I. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to adjacent developments shall be operated and maintained by an entity created by the developer in accordance with the applicable regulations of the State of Florida. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any existing County rights-of-way or easement(s), then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s). K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign, or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of appropriate corresponding CO. 4.3 ENVIRONMENTAL A. Soil testing for contaminants including chlorinated hydrocarbons, organophosphates and total petroleum hydrocarbons must be performed prior to final residential development order approval. 4.4 WATER MANAGEMENT A. The storm water shall not be discharged into the preserve area until it has been fully treated in accordance with Collier County and Water Management District standards. Words underlined are additions; words stmek4hroug4 are deletions Pezzettino Di Cielo RPUD 9 Last Revised 08/16/2017 YPV"W. MTM .wN Y_ Words underlined are additions; words s4w•e'4hr&ugh are deletions Pezzettino Di Cielo RPUD 4-0 Last Revised 08/16/2017 SECTION V DEVIATIONS FROM THE LDC 5.1 DEVIATIONS FROM LDC A. Right -of -Way Width: The developer requests a reduction in the width of a local roadway right-of- way from sixty feet (6o') as shown in Appendix B of the LDC to forty feet (40') as shown in attached Exhibit AB. B. The developer requests a deviation from Appendix B of the LDC., which requires a 5 foot wide sidewalk to be located on both sides of a local street to permit a 5 foot wide sidewalk to be located on one side of the local street. C. The developer requests a deviation from Section 22-112 of the Collier County Code of Laws and Ordinances to permit development excavations to be a minimum of 20 feet from a property line with protective barriers. the ,,,,1 de sae t„ a ,] , ,vAv feet in lengthas r iewn on the A4ast Dcrri,n.—rz whiele tur-fiar-euiad meeting leeal fire distr-iet standards shall be pr-e,,4ded. D. The developer requests a deviation from LDC Section 4 o6 02 Table 2 4 Table of Buffer Requirements by Land Use Classifications which requires a lype `A' Landscape Buffer, to allow for no landscape buffer on-site but to provide the required buffer within a joint landscape buffer easement (OR 416o PG 1841) located off-site along the north east and south PUD boundaries E. The developer requests a deviation from LDC Section 0� 02 C 1 a and 5.0�.02.F. Fences and Walls which permits residential fences/walls to be a Road average back of sidewalk elevation Words underlined are additions; words stmek4hroug# are deletions Pezzettino Di Cielo RPUD "10 Last Revised 08/16/2017 sE loo� ,j '• I rtr usislpir m W:Wif's lwta #�; f C - i -ae auks-_ LAM ,.=* t.,r.. _ .t Amss f raaar�r aw Mrwrfa�la �rw ,......a »..� � I �� CIB.O Cr. (4a A yy i t bl LAKE ACKS a .rrr.r+F�+��rw�rrrwwwiwr�� I L _rL�r�+a4a�� r1r Y M A A$SOUKIT& P-A- ZE77N0 DT CILLO APUD 9�vuinprt a�r� • n arrwr "rte a� wlris ASTER COri� PUW ""atw"�+ea' awn ara .aa saun.: rrt� � . SITE DATA: WATER MANAGEMENT 2.87± ACRES PRESERVE 0.82± ACRES ROADS / ROW 1.66± ACRES DEVELOPMENT TRACTS 9± ACRES BUFFERS / OPEN SPACE 3.17± ACRES TOTAL ACREAGE I7.52± ACRES OPEN SPACE: REQUIRED: 60% PROJECT PROVIDED: 60% ENTRANCE FEATURE AND SIGN DEVIATIONS: Al RIGHT-OF-WAY WIDTH R SIDEWALKS m C1 LAKESETBACK Cb ® LANDSCAPE BUFFERS 12' PROP. R.O.W. ti DEDICATION TO Q WALL HEIGHT COLLIER COUNTY (SECTION 4.2 .1 '4 OF THE PUD ORDINANCE) I I I � � BERM AND NOTES: 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL. A = DEVIATION R = RESIDENTIAL LANUSUAI'r, BUFFER (BERM AND WALL) ZONING: PUD - MEDITERRA o. cram Mioor aaa.waa�.ia�a en. PEZZETT/NO D/ C/ELO RPDD © GradyMinor 3800 p,a Re, Boma Sprlp®. YIoeIJa 39134 EXHIBIT A .c5�xx gyp& Clvll E'glneers' plane Sumeyom, Planners . I,andmape AmhZlecla MASTER CONCEPT PLAN _ gy s"a' Boone SpllW: 23994].1144 awin LB �, GreOyMM--. Fod M-139.690.9380 9HCCi�1 oY 1 h^1y�31415 U �0 o, N 1 ti AN ORDINANCE OF THE BOARD OF COUNTY r 41') COMMISSIONERS OF COLLIER COUNTY, FLORIDA, \�'DE6ZSZ�2� AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PEZZE'ITINO DI CIELO RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 43 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED IMMEDIATELY EAST OF LIVINGSTON ROAD AND APPROXIMATELY 4.5 MILES NORTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.52+/ - ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 08-06 ag rrn ry a� x� D N� rvx To rN o� �a o—+ m rn 1 -o Y 0 WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard Yovanovich, Esq., of Goodlette Coleman and Johnson P.A., representing Distinctive Residential Development at Livingston, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be known as the Pezzettino Di Cielo RPUD, to allow construction of a maximum of 43 residential dwelling units in accordance with the Pezzettino Di Cielo RPUD, attached hereto as Exhibit "A," and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 200441, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 Attachment B M v PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this 3V1_ day of [+lU t , 2008, ATTEWV'� - "4f? DW16HT E... BROCIK, CLERK By:. Attnt .as . r, Deputy Clerk Approved as to form and legal sufficiency: %l% jA "� u.Gr yy Marjo M-. Student -Stirling U Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, ORIDA By: TOM4N�NING.'CHAIRMAW Page 2 of 2 This ordinance filed with the c ry 001f ate , _Z t and ocknowledgemer�thot Pili r ceived this dcy of V„n cw k PEZZETTINO DI CIELO RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETTINO DI CIELO RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Distinctive Residential Development at Livingston, LLC Mr. Steve F'iterman 1845 Trade Center Way Naples, FL 34109 PREPARED BY: Richard V. Yovanovich, Esq. Goodlette, Coleman and Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239-947-1144 Exhibit A DATE REVIEWD BY CCPC D em er 6 tow DATE APPROVED BY BCC t4 ORDINANCE NUMBER - o` AMENDMENTS AND REPEAL 2GG¢ i 1 'a SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION II RESIDENTIAL AREAS PLAN SECTION III CONSERVATION / PRESERVE AREA SECTION IV DEVELOPMENT COMMITMENTS SECTION V DEVIATIONS FROM THE LDC LIST OF TABLES AND EXHIBIT'S TABLE I DEVELOPMENT STANDARDS EXHIBIT A RPUD MASTER PLAN 2 PAGE 3 5 7 8 11 6 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Pezzettino Di Cielo RPUD. The subject property being +/-17.62 acres is described as: Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, described as: The West 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 26 East, LESS AND EXCEPT: A perpetual easement to Collier County, Florida for roads, utilities and drainage easement over and across the West 6o feet thereof. O Tax Parcel 9.1 more particularly described as: Beginning at the Southwest corner of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12 Township, 48 South, Range 26 East, thence North 66o feet to a point; thence East 162 feet to the POINT OF BEGINNING; thence continue East 132 feet to a point; thence South 330 feet; thence West 132 feet; thence North 330 feet to the POINT OF BEGINNING; Subject to a road Right -of -Way over and across the North 30 feet thereof. AND The East 1/2 of the East V2 of the SW i/4 of the SW 1/4 of the NE V4, less and except the North 30 feet thereof, and The West 'A of the East 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4, and The West V2 of the East % of the SW W of the SW 1/4 of the NE 1/4, and The West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4. AND PARCEL ONE as described in O -R Book 31o3, Pg 2960 3 The South thirty feet of the North 1h of the SW 1/4 of the NE 1/4 of Section 12, Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East Ih of the East % of the East % of the North 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East All Looted in Section 12, Township 48 South, Range 25 East, Collier County, Florida. The subject property is under the ownership of: Distinctive Residential Development at Livingston, LLC and Long Bay Partners, LLC. Distinctive Residential Development at Livingston, LLC has a contract to purchase the balance of the property not under their ownership from Long Bay Partners, LLC. The lands together make up the + 17.52 acres covered by this RPUD ull A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. LAND USE TYPE Single-family, zero lot line 43 Dwelling Units WATER MANAGEMENT +/- 2.20 acres PRESERVE AREA +/- 0.82 acres ROADS/ROW +/-1.99 acres DEVELOPMENT TRACTS +/ 12 J;1 acres TOTAL: +/-17.52 acres SECTION I1 RESIDENTIAL AREAS PLAN fir_ : .,Q16 1Ji I IAJAWITeHM_t, The maximum number of dwelling units allowed within the RPUD shall be 43. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (i) Single family detached dwellings. (2) Zero lot line detached dwellings. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages, outdoor kitchen facilities, privacy walls (6' height) pavilions, fountains, trellises, and other landscape features. (2) Common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. (3) Essential services, water management facilities and other similar facilities designed to serve the infrastructure needs of the RPUD. Table I sets forth the development standards for land uses within the "R" Residential District. General: (1) All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. (2) In no case shall the minimum setback be less than the required landscape buffer width. TABLE I — DEVELOPMENT STANDARDS "R" Residential Areas Requirements Single Family Zero Lot Line Minimum lot area 5,000 square feet S,000 square feet Minimum lot width 50 feet' So feet' Minimum floor area i,600 square feet 1,600 square feet Minimum principal structure setbacks • Front yard 20 feats 20 feet2 • Front yard for side entry garage to feet to feet • Side yard 6 feet o and 10, or 5 feet3 • Rear yard to feet to feet • Waterfront 20 feets 20 feet' • Preserve boundary 25 feet 25 feet Minimum accessory structure setbacks • Front yard SPS6 SPS6 • Side yard SPS6 o feet' • Rear yard 5 feet o feet' • Preserve boundary to feet to feet Minimum distance between principal structures t2feet to feet Maximum height (zoned) 35 feet 35 feet ' Minimum lot width for cul-de-sac lots may be reduced by 20% provided the minimum lot area is maintained. a The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without encroaching into the sidewalk. Should the garage be side -loaded, plans must ensure that parked vehicles will not interfere with pedestrian traffiQ ' Where a zero foot yard option is utilized, the opposite side of the structure shall have a to foot yard. Otherwise, a minimum 5 foot side yard shall be provided on each side. ' Patios, pools, 6 foot privacy walls, fountains, trellises, landscape features, screen enclosures and the like may encroach into the io foot yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. In no case shall these elements encroach into the lake maintenance easement. ' Measured from control elevation. 6 SPS = Same as Principal Structure. ' Accessory structures shall not be placed within lake maintenance easements or required landscape buffers. 6 SECTION III PRESERVE AREA g.i PERMITTED IMES The RFUD Master Plan provides for .82 acres of preserve area which meets the 15% native vegetation preservation requirement. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations in accordance with the Land Development Code (LDC) and Growth Management Plan (GMP). No building, structure or part thereof shall be erected, altered or used, or land used, in whole or part, for other than the following and subject to permitting: A. Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks within the preserve areas, subject to LDC requirements. Fences may be utilized outside of the preserves to provide protection to the preserves in accordance with the LDC. 2. Water management detention and structures, excluding a perimeter berm. a. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (r) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro -period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter or other document, then the native vegetation retention area shall not be used for water management purposes. 3. Native preserves. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC. SECTION IV DEVELOPMENT COMMITMENTS 4A PU SE The purpose of this Section is to set forth the development commitments for the development of the project. A. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. B. The developer shall provide payment in lieu of the installation of sidewalks on one side of the road per the requested deviation in Section 5,i of this RPUD in accordance with Section 6.o6.02 of the LDC. The amount shall be determined by utilizing FDOT's 2oo4 Transportation Costs as amended. Payment in lieu of providing the sidewalk shall be required prior to approval of plats and plans for the fust phase of the project. C. A temporary turn lane shall be provided for the project prior to commencement of on-site construction, and the permanent turn lane improvements must be complete prior to the issuance of the first certificate of occupancy (CO). D. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOIJ Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with, and as required by the Collier County's LDC, as amended. E. Arterial -level street fighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. F. Access points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, or by an approved Developer Contribution Agreement (DCA). All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. G. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. H. All proposed median opening locations shall be in accordance with the Collier County Access Management policy (Res. No. os -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. I. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to adjacent developments shall be operated and maintained by an entity created by the developer in accordance with the applicable regulations of the State of Florida. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any existing County rights-of-way or easement(s), then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s). R. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign, or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of appropriate corresponding CO. (lam= LU1; 1 zhr I Do oil A. Soil testing for contaminants including chlorinated hydrocarbons, organophosphates and total petroleum hydrocarbons must be performed prior to final residential development order approval. A. The storm water shall not be discharged into the preserve area until it has been fully treated in accordance with Collier County and Water Management District standards. 9 A. The developer shall contribute $1,000 to the Collier County Affordable Housing Trust Fund for each residential dwelling unit constructed within the project. This sum shall be paid prior to the issuance of the CO for the residential unit. The $1,00o contribution for each residential unit shall be a credit against any affordable housing fees that may be adopted by the County which may be applicable to this project. 10 SECTION V DEVIATIONS FROM THE LDC 5.1 DEVIATIONS FROM LDC A. Right -of -Way Width: The developer requests a reduction in the width of a local roadway right-of- way from sixty feet (6o') as shown in Appendix B of the LDC to forty feet (40') as shown in attached Exhibit A. B. The developer requests a deviation from Appendix B of the LDC which requires a g foot wide sidewalk to be located on both sides of a local street to permit a 5 foot wide sidewalk to be located on one side of the local street. C. The developer requests a deviation from Section 22-112 of the Collier County Code of Laws and Ordinances to permit development excavations to be a minimum of 20 feet from a property line with protective barriers. D. The developer requests a deviation from Section 6.o6.oi of the LDC, to permit the cul-de-sac to exceed 1,000 feet in length as shown on the Master Plan. A vehicle turnaround meeting local fire district standards shall be provided. 11 L1 1� ! � I i � I Iwl•/IM. 1�•�� s �t••��t ww.MM wM+lwlwe ssa • wtir�w+rw..wrr.wwe��r+�+�ww ® oewmon 0 _ = ' u� • o' iEF � L J Ol - PRESERVE _ �I Il . -Q8Z* ACRES- - . - • - i mrro:pw-M r.r.. N MY4Jt, E 110144 I I LAKE 1 1.22* ACRES 1 r R MM, R ^I / LAW R r l ACRES s em.w w treat# pry rrcayr M mrwe tie-•ss.rw MARY M m a ASSC +r�w�oaseaer y.CJ PA. PBUSITMO D! CfZLO MVD sea EMINT A MASTER CONCEPT PIAN .eo. ,N onm: rasa t • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-06 Which was adopted by the Board of County Commissioners on the 29th day of January 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of January 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to,.,Ba$rd. ;of County Comnt�lisi'oriers '. ;,.lit By:Martha Ve gara." ' Deputy..Clerk , tO I r . t.k. A&K All- , tO I r PHOTO PHOTO "8" CPHOTO "1" PHOTO "2" PHOTO "Y' PHOTO "4" PHOTO "5" I I I PHOTO "6" PHOTO "7" 0 GradyMinor CINI Engineers ,_d.w A,cElW. 'd snZerors Dlanners u spmp nn open xa9.M1o.,3¢0 v.Ore�Mbnr.r N-1 e. vwe,onen w.n O � w vAzLu 3 �ZH x P Wl P. �Ow 5 wF-2 x �H BEYIBIOM9 SHEET 1 OF 1 PCBMUNtT 2011 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, A1CP, PLA # 1244, Principal Planner, Zoning Services From: Sue Faulkner, Principal Planner, Comprehensive Planning Date: December 12, 2017 ,Subject: Future Laud Use Element (FLUE) Consistency Review PETITION NUMBER PDI-PL20160003482 PETITION NAME: Pezzettino Di Cielo RPUD (Residential Planned Unit Development) Rev.5 REQUEST: To amend the Conceptual RPUD Master Plan and the Pezzettino Di Cielo RPUD document, approved via Ordinance 408-06. to request a deviation for a joint buffer easement; to remove a deviation for cul-de-sac lengths and fire vehicle turnaround: to add a deviation for an increase to the height of perimeter fences and walls from 6 feet to 8 feet: to depict a 30 foot roadway easement and make the Master Plan more legible; and to correct a scriveners error on the Master Plan identifying a 20 feet wide landscape buffer along the eastern property line although original submittal documents depicted the correct 10 feet wide buffer. The 3rd submission of this petition provided letters of support, revisions to clarify property ownership, and Right of Way cross section revisions to indicate the width and location of the water main. The 4`h submission of this petition provided evidence that the grantors of the landscape buffer easement agree to the proposed enhancement as a joint shared buffer. The 4" submission also added bufFerslopen space to the PUD section 1.4 Description of Project Plan and Proposed Land Uses. The 5`h submission responded to Collier County Attorney's Office comments concerning the buffer easement owned by Long Bay Partners. LOCATION: The ±17.52 -acre subject site is located on the south side of Hardesty Road, the east side of Livingston Road. and approximately %2 mile north of Veterans Memorial Blvd., in Section 12, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENT'S: The subject property is designated Urban, Urban Mixed -Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map of the Growth Management Pian. This District is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. According to the FLUE, the purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and }Manned public facilities are concentrated. Within this designation, and in accordance with the Density Rating System of the Future Land Use Element (FLUE), a base density of four (4) units per acre is allowed. The Pezzettino Di Cielo RPUD was approved for a maximum of 43 dwelling units which is a density of 2.45 DU/A (43 DUs 1 17.52 acres = 2.45 DU/A). This petition is for Insubstantial changes to the Planned Unit Development {PDI} to modify the Conceptual Master Plan and the PUD text to reflect changes to the deviations from the LDC, modify joint buffer easement, a 30 -foot 2800 North Horseshoe Drive, Naples, K 34104 Page 1 of 2 Attachment D roadway easement, and the landscape buffer. No changes to the PUD boundary, or in permitted uses, densities, or intensities are being requested. Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis [in bold]. FLUE Policy 5.4: New developments shall he compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety to perform the compatibility analysis.] FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can he made without violating intersection spacing requirements of the Land Development Code. [Pezzettino Di Cielo RPUD Master Concept Plan Exhibit `A' depicts the subject site fronting on Hardesty Road, a local roadway, and Livingston Road, a principal arterial road shown on "Collier 2025 Functional Classification Map" in the Transportation Element of the Growth Management Plan. Pezzettino Di Cielo RPUD will provide an ingress/egress onto Hardesty Road that will connect with Livingston Road to the west,] FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an q fort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need far traffic signals. [The Master Conceptual Plan Exhibit `A' shows a looping road for circulation throughout the site.] FLUE Policy 7.3: All new and existing developments shall he encouraged to connect their local streets andlor interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection oflocal streets between developments is also addressed in Policy 9.3 ofthe Transportation Element. [No interconnection points with adjoining neighborhoods or other developments are shown on Exhibit `A' connecting the Pezzettino Di Cielo RPUD to Mediterra PUD, which surrounds the eastern and southern boundaries of the Pezzettino Di Cielo RPUD. Mediterra. PUD also Iies to the north of Hardesty Road, which does not connect to Mediterra PUD. Based upon the subject site's PUD Master Plan and the existing development and infrastructure in Mediterra PUD, a vehicular interconnection does not appear to be feasible. However, staff encourages a bike/pedestrian interconnection.] FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic _ facilities and a range of housing prices and types. [The Pezzettino Di Cielo RPUD has been previously approved for sidewalk deviations for just one side of the road (Section V, Deviations from LDC, B). No new housing is being proposed with this petition. Open spaces, civic facilities, and housing were approved with the previous Ordinance #08-06. CONCLUSION: Based upon the above analysis, the proposed PDI may be deemed consistent with the Future band Use Element. PETITION ON CITYVIEW cc.' Mike Bost, 41CP, Director, Zoning Division David Weeks, AICP, Growth lianagement Manager, Zoning Division, Comprehensive Planning Section Ray Bellows, ,+1 -tanager, Zoning Services Section Pal-I'L2016-34$2 Pezzettino Di Cielo R5.docx 2800 North iIorseshoe Drive, Naples, Fi, 34104 Page 2 of 2 REZONE FINDINGS PETITION PUDZ-2005-AR-8416 Pezzetino di Cielo RPUD Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: The Comprehensive Planning Department has indicated that the proposed rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP). Con: None. Findings: The proposed change is consistent with the designated Urban -Mixed Use, Urban Residential Subdistrict on the FLUE. In addition, the proposed density of 2.5 dwelling units per gross acre does not exceed the maximum 4 dwelling units per gross acre allowed by the Urban Residential Subdistrict; therefore, the project is consistent with the GMP. 2. The existing land use pattern; Pro: The existing pattern of development is single-family residential. The project is consistent with the existing residential land use patterns as explained in the staff report. Con: None. Findings: The residential units are deemed acceptable for this site because the rezone complies with the GMP and LDC requirements. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: An isolated district from the neighborhood is determined by topography and inadequate public facilities. Since the proposed RPUD rezone is consistent with the GMP with regards to adequate public facilities the change will not create an isolated district. Con: None. Findings: The proposed RPUD rezone will not result in an isolated district since the proposed residential uses and density complies with the FLUE. There are several other PUD developments in the area with similar land uses and development standards. Therefore, the rezone request will not create an isolated district to the adjacent districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Page 1 of 5 Attachment E Pro: The boundaries are logically drawn and provide a complimentary development to the Mediterra PUD. Con: None. Findings: The district boundaries are logically drawn and follow the existing property boundaries. Therefore, the project is compatible with existing conditions as well they are consistent with the Urban Residential Subdistrict, as identified on the FLUM of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request is reasonable because the Future Land Use Map (FLUM) designates this area as the Urban Residential Subdistrict. Con: The proposed RPUD rezone is not obligatory at this location. Findings: The proposed RPUD rezone is appropriate based on the existing conditions of the property and because it adhere to the FLUE. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed dwelling unit types are similar to the currently approved Mediterra PUD residential development in the area. Con: None. Findings: The development will not adversely affect the living conditions in the neighborhood because the recommended development standards and other conditions for approval have been designed to ensure the least amount of adverse impact on the adjacent and nearby developments. 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. Pro: The site generated trips will not lower the Level of Service (LOS) below the adopted LOS standard for Livingston Road (CR -881). Therefore, the project is consistent with policy 5.1 and 5.2 of the GMP. Con: Since the site is currently vacant and if this petition request is approved, there will be more site generated trips on Livingston Road (CR -881). Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the project will not lower the LOS below the adopted LOS for the area. Page 2 of 5 8. Whether the proposed change will create a drainage problem; Pro: The proposed change should not create drainage or surface water problems because the proposed water management and drainage is designed to prevent drainage problems on site and is compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. Con: Staff will not determine if the new development will have drainage problems until the review of the development order. Findings: Every project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub -surface drainage generated by development activities as a condition of approval. The drainage plan has been approved for all existing land uses and future development will be reviewed at the time of the first development order. This ensures that the drainage meets County standards. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed development requires the site to conform to the development standards which are based on the LDC. These standards provide for open space, corridor management, and building height restrictions, etc. to protect the adjacent areas. Con: None. Findings: The proposed change will not have an adverse impact on adjacent properties. Furthermore, the final site design and the effect of light and air on adjacent properties will be finalized at the time of first development order. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent land. Additionally, the development standards are similar to those approved for the Mediterra PUD. Con: There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. Findings: Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a residential zoning designation should not affect value because the surrounding area is also residential zoning. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The adjacent properties are also designated Urban Residential on the FLUE and they allow for similar dwelling types. Therefore, the proposed development will not be a deterrent to the improvement of adjacent properties. Page 3 of 5 Con: None. Findings: The LDC's criteria for review of each land use application to allow Planning Commission and Board of Commissioners to follow standardized review process which requires consistency of the GMP. The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone amendment is approved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: Land Use application are subject to the public hearing process to assure that the rezone thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity in which the property is situated. Con: None. Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, which is a public policy statement supporting zoning actions when they are consistent with the entire GMP. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The proposed RPUD rezone conforms to the future land use element of the GMP because it will be used in accordance with the existing residential zoning within the area. Con: None. Findings: The subject property could not develop residential dwelling units in accordance with the existing zoning because the current zoning is Agriculture (A) and that zoning does not allow this type of residential development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: None. Findings: The proposed RPUD will not generate vehicular trips that will lower the LOS below adopted standards the project will not adversely impact the neighborhood. The proposed RPUD is compatible with surrounding property in scale. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: There are many sites which are zoned to accommodate the proposed development but this is not the determining factor when evaluating the appropriateness of a rezoning Page 4 of 5 decision. The determinants of the zoning are with consistency with all the elements of the GMP. Con: None. Findings: Each zoning petition is 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. The proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. 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. Pro: The land use pattern should accommodate carefully planned levels of development, safeguard the environment, reduce sprawl, promote efficient use of land, and help to maintain a sense of community. Con: None. Findings: The site will not require extensive alteration to make it usable for residential development. 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro: The proposed RPUD rezone meets all objective criteria set forth for residential zoning and conforms to the purpose and intent of the GMP and all its elements. Con: The GMP encourages but does not require the synchronizing of development with the availability of public facilities needed to support that development. Findings: This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP and they have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. Page 5 of 5 FINDINGS FOR PUD PUDZ-2005-AR- 8416 Pezzetino di Cielo RPUD Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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. Pro: The project is located within the Urban Residential Subdistrict of the GMP and this district permits residential uses with a variety of dwelling types. The RPUD rezone will intensify the land but relative to public facilities this project will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: The existing residents in the area may perceive the residential intensification in the area as contributing factors to traffic congestion. Findings: The proposed level of development of 2.5 units per gross acre is below the 4 units per gross acre which is permitted in the Collier County Growth Management Plan. The level of service for all utilities is at an acceptable level and the proposed project will not reduce or adversely affect the Level of Service for adjacent roadways or for any utility providers. 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. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None. Findings: Documents submitted with Pezzetino di Cielo RPUD application provide evidence of unified control. The RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The proposed development is compatible with and complimentary to, the surrounding land uses. The development standards contained with in this RPUD are nearly identical to permitted development standards in the Mediterra PUD which bounds this project on all sides. Furthermore, due to the smaller size of this parcel, on-site amenities such as golf courses and expansive amenities are not possible. Absent that Page 1 of 3 particular element which serves to greatly reduce the gross density of Mediterra, the development pattern is this PUD closely mirrors the development tracts contained within the Mediterra PUD. Con: None. Findings: The project as proposed is consistent with the Future Land Use Map (FLUM) which designated the subject property as Urban Residential. The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The RPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. External relationships are regulated by the Land Development Code (LDC) to assure harmonious relationships between projects. Con: The development standards in the RPUD document allow for zero lot lines and together with the requested deviations for a reduction in the width of the local roadway from sixty (60') feet to forty feet (40') and, to only construct a five (5') foot wide sidewalk to be located on one side of the roadway will give the appearance of an overcrowded neighborhood. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses but is not compatible with the deviation request. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of open space set aside is the minimum requirement of the LDC provisions. Con: The lot size with side yard setback of zero and the deviations requested to limit the roadway to forty feet wide and sidewalks on one side of the roadway will limit the open space for the residents. Right -of -Way is not Findings: While the proposed single-family development would be appropriate for the site, careful consideration must be given to the protection of new residential uses from potential impacts resulting from over crowded development and limited internal roadways. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Page 2 of 3 Pro: No capacity issues are known at this time and the petition has been reviewed by all the required county staff and they have determined that no Level of Service (LOS) standards will be adversely affected. Con: None. Findings: The timing or sequence of the development for the proposed RPUD in light of concurrency requirements automatically triggers review by County staff to assure the project will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (LOS) degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: Currently, the utility and roadway infrastructure has adequate capacity to serve the proposed RPUD as well as the surrounding development at the time of build -out of this project. Con: None. Findings: Supporting infrastructure such as wastewater disposal systems, potable water supplies and capacity of roads is at a level supportive of 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. Pro: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None. Findings: The Pezzetino di Cielo RPUD contains development standards that are either consistent with the LDC and/or comparable to the development standards contained in the Mediterra PUD. The proposed building heights, setbacks and development commitments ensure a similar product to that of the adjacent property. Page 3 of 3 TRANSCRIPT OF THE NEIGHBORHOOD INFORMATION MEETING FOR PEZZETTINO DI CIELO RPUD Appearances: WAYNE ARNOLD STEVE FITERMAN MICHAEL DELATE NANCY GUNDLACH JAMES SABO SHARON UMPENHOUR OCTOBER 26, 2017 Attachment F MR. ARNOLD: My name is Wayne Arnold, and I'm here representing the developer of this project. It was originally approved as Pezzettino Di Cielo PUD. We're probably changing the name on the plat that will come forward to the Enclave of Distinction, but the PUD will remain known as Pezzettino Di Cielo. And tonight Sharon Umpenhour, from my office, is recording the meeting. We're required to create an audiotape of the meeting. We have owner representatives in the room, Steve Fiterman and (indiscernible) and Mike Delate from my office is the project engineer who's been working on this. So we can hopefully answer any questions that you have. And then I'll introduce Nancy Gundlach. She's with Collier County government. She's one of the principal planners. And we have James Sabo, who is also with Collier County. He's a newbie and sitting in to learn how this occurs. So this is our neighborhood information meeting. And we're required to hold an informational meeting whenever we make changes to a planned development. So we are proposing a handful of changes to this PUD that was approved back in 2008. And Steve and his group have -- you know, are moving ahead. And the current direction seems to be larger lot single family. The project was approved originally for single family and zero lot line. Looks like -- and if development occurs soon, it's probably headed more towards the single family, but our PUD will continue to allow both uses. And it was originally approved for a maximum of 43 houses. And that's remaining the same. So nothing will change for that. Most of you probably know where the property is. It's surrounded by Mediterra on three sides, and it's on the east side of Livingston Road. So most of you all are neighbors. So this is the original master plan that we prepared for the project. And a couple of changes that we're proposing. I've got the other plan. I don't have them side by side, unfortunately, but it was approved. All residential. One large cul-de-sac envisioned to service the project. We show landscape buffers along our perimeter. And there's one access point on Livingston Road. And then the plan that we've submitted to the county keeps generally the same access location, but we're going to use what's known as Hardesty Road, and I'm sure many of you have seen the little strip of land that's between Mediterra and this project. But there's already a wall and landscaping around the entire project. And we're proposing to invoke and utilize a landscape buffer easement that was approved back, I don't know, Steve, what year it was approved, but many years ago. So we're going to go ahead and utilize that, and supplement the required landscaping that we would have had to put on our property back in that buffer that's already there. So that's one of the key changes that we're proposing, is to displace our landscape buffers to the area that's technically just off of our property. UNIDENTIFIED MALE VOICE: So is it the buffer or is it the landscaping itself? Will there be less landscaping? MR. ARNOLD: No. It will result in the same amount of landscaping for the project. It will just -- the landscaping that we would have normally planted on our side, we're going to plant it right in the buffer easement that exists today. So it will supplement and beef up what's there. It just seems like, you know, it's already a mature buffer with a wall. It doesn't really seem to make sense for us to put another strip of trees, you know, just behind our houses. It would be better to just supplement the buffer that's there. So that's what we're intending to do. And then we've asked for a new deviation to deal with the wall that would go along Livingston Road. We want to place it now on a berm. So the County technically allows us only a six-foot high wall and they measured it from, you know, the ground elevation, not the top of the berm. So we're proposing to put the wall on top of the berm, which makes it a total of eight feet high as they measure it. So we've asked for a deviation for the wall height and the landscape buffer. UNIDENTIFIED MALE VOICE: And how would that compare with the wall that's there (indiscernible) Mediterra? MR. ARNOLD: Mike, do you know? I mean, I think it's probably a little shorter than what you have, yeah. That was -- yeah. I don't know exactly, but I think it is. So this results in a new master plan configuration that shows not just along the cul-de-sac, but utilizing Hardesty Road and then having a loop system inside our project. So, you know, it's still residential tracts remain on the perimeter. We have modified some of our internal setbacks, front rear and waterfront, because the county now requires us to plat our landscape buffer tracts and our lake tracts as separate tracts of land. We used to be able to incorporate a landscape buffer, for instance, as part of your rear yard. The county is making us create those as a separate tract, but they're allowing us to reduce our setback commensurate with it because now the property line measurement is from a different location than it would have been if it were an easement. So we're making adjustments in that regard. And anybody who would like a copy of what we have submitted to the county, we're happy to provide it. If you'll give Sharon an e-mail address or the best way to get information to you, if you want it. We'll be happy to provide you a copy of this plan and the document. It's not a very lengthy document that's been changed. UNIDENTIFIED MALE VOICE: Well, what is the setback requirement? MR. ARNOLD: Well, every PUD establishes their own. For instance, in ours, we have a front yard setback of 20 feet is the minimum front yard setback. And then we've allowed for rear -- let me put my glasses on so I don't misread it. MS. UMPENHOUR: Can I just -- can I just ask everybody to speak up just a little bit -- UNIDENTIFIED MALE VOICE: Sure. MS. UMPENHOUR: -- so we can get this? Thank you. MR. ARNOLD: So we have a 20 -foot front yard, for instance, and then with the side entry garage, it's allowed to go down to 10 feet. But if we have a sidewalk, which, Mike, I think we do have a sidewalk, we'll have to have a 23 -foot setback from the sidewalk so cars don't overhang. If you all live in Mediterra, it's probably very comparable development standards. UNIDENTIFIED MALE VOICE: And the rear setback? MR. ARNOLD: The rear setback varies, but we have 10 feet for the principal structure, and then a rear yard of five and zero proposed for the accessory structures. UNIDENTIFIED FEMALE VOICE: Will you have a seawall or will it be a berm to the lake? MR. ARNOLD: It's probably just going to be returned to grade at the lake. There's no bulkheading proposed for our primary lakes. Now, keep in mind, too, I want to caution. I know that this process is still ongoing, so some of this is subject to modification. That's why I like to tell people to stay tuned if you're here and want to follow it, because as we get into the further reviews by the county, things can change or, you know, Planning Commission member before -- or our hearing examiner, of which this is proposed to go to, could ask a simple question and say, can you please clarify one of the setbacks or can you change the way that you've expressed it. So there could be modifications right up until the day that the hearing occurs. So if there's something in here you want to continue to follow, let us know. We have a link on our website to the county's website. So you can review any outstanding comments and documents that are there. And then for this property, we'll have to put -- for the hearing examiner, we still have to put up signage, correct? MS. UMPENHOUR: Yes. MR. ARNOLD: You've probably seen those on your own community, four -by -eight, you know, signs will go up on the frontage. Probably just one, I'm guessing, for this frontage. But then that will be posted and noticed for the hearing examiner or the -- could be Planning Commission. I mean, unless there's a, you know, super outcry of opposition, typically, it would stay with the planning commissioner, and he would have a public hearing, hear testimony and public input as well, if that -- you know, if somebody wants to appear and express a question or comment, concern, whatever they might have to say. So that's really, in a nutshell, what we're trying to do. And I'm happy to -- I know we talked a little before the meeting officially started, but if somebody would like to ask some questions. UNIDENTIFIED MALE VOICE: Can you put that other picture up that showed the -- you said you've reduced it down to 27 houses. MR. ARNOLD: We have -- we are in for review with Collier County for a plat for the property, which is the way -- you record a plat before you can actually sell the lots. And that's what I said when I started the meeting. The direction that Steve is headed with the project at the moment would replat this or plat the property for -- it's 27, right, Mike? Yeah, 27 lots. We're approved for a maximum of 43. That's why I say if things change, the economy changes, you know, so we may -- we could revise this to ratchet that to a different number, but the orientation for the project would remain as shown on the overall master plan. UNIDENTIFIED MALE VOICE: Well, would you -- so the lot sizes, then, are about a half acre to -- MR. ARNOLD: Well, the minimum -- the county requires minimums. And, today, this project is approved for a minimum lot size of 5,000 square feet. UNIDENTIFIED MALE VOICE: Right. MR. ARNOLD: And it contemplated that we could have 50 -foot wide lots by -- UNIDENTIFIED MALE VOICE: I'm sorry? MR. ARNOLD: The existing PUD, as it's approved today, would allow us to have a 50 -foot wide lot, so -- UNIDENTIFIED MALE VOICE: Right. But what you're proposing -- MR. ARNOLD: What's in for review with the county for the plat is larger than a 50 -foot lot, but what I'm saying is that could change. I mean, Steve could go back and decide that, you know what, the market has moved away from having these larger lots, I want to go back and build some smaller lots. And he could do that. UNIDENTIFIED FEMALE VOICE: So -- thank you. Because that means up until you break ground, you -- I mean, and even after you break ground, you could have some at zero lot, like one part of the street could be zero lot, and the others could be larger? MR. ARNOLD: Technically, yes, you could. UNIDENTIFIED FEMALE VOICE: Okay. MR. ARNOLD: I don't know that I envision it actually developing that way, but, I mean, it could. You're right. UNIDENTIFIED MALE VOICE: The site really isn't large enough to do two different types of uses. I mean, they're going to have to be one use, whether it's a 50 -foot wide lots or 65 -foot wide lots. MR. ARNOLD: But there could be a blend. UNIDENTIFIED MALE VOICE: Yeah. MR. ARNOLD: I mean, all of these aren't exactly the same lot size. You'll continue to have them, but I think the distinction is between single family attached versus a zero lot line product. UNIDENTIFIED MALE VOICE: Right. MR. ARNOLD: Probably meaning you could do one or the other of those. UNIDENTIFIED MALE VOICE: And what price points are you planning? (Indiscernible). MR. ARNOLD: I don't know. I think it really depends on the market when Steve and his group decide to break ground. I don't know. Are you -- one of the questions that they ask, Steve, just in fairness, because you're probably going to get it from them, they asked if you are going to be the master builder and developer, or are you going to sell lots and then individual homeowners can hire their own builder. MR. FITERMAN: Wayne's making it so that you can see all the flexibility, but you can't go into business with just flexibility. You've got to make some decisions. And, of course, this plat that Wayne is showing is our intention today. And we'd like to get started as soon as we get our approval, which hopefully will be either by the end of this year or very early in '18. So what you're seeing is pretty much what we are intending to do. We would have to take and basically scrub everything we've been working toward as a plan, you know, a business plan, and it would probably cost us a couple of years if we were going to go back and do something different. The point of the matter is a PUD, as I understand it, that PUD is there, in fact. We're not asking to change it from the standpoint of starting with something totally different, instead of residential, you know, eldercare or whatever the case may be. We're trying to work within that PUD. This is considered an inconsequential amendment to the PUD, because we're not doing anything that would take -- throw it out of whack other than the fact that we're going from 43 down to 27 units. And, yes, we believe that's where the market is today, and that's our business plan, our intended business plan. MR. ARNOLD: But like I said, for the purposes of the PUD, I mean, should Steve decide that, you know, he's platted this, he's trying to sell these lots and he can't, the PUD will retain the flexibility to change that product type or change lot sizes. UNIDENTIFIED FEMALE VOICE: I think that's more of a curiosity question, what do you see the trends being? MR. FITERMAN: Well, we've put a lot of time and investment into this business plan, into single family. UNIDENTIFIED FEMALE VOICE: But that's, I think, why we asked price point, is -- MR. FITERMAN: Well, the homes that we're envisioning -- the size of the homes are going to be between 3,000 and 4,000 square feet. UNIDENTIFIED FEMALE VOICE: Okay. UNIDENTIFIED MALE VOICE: So under today's sort of, well, guidelines, that basically comes down to about a million two or a million three range. MR. FITERMAN: We're -- we (indiscernible) custom builders. UNIDENTIFIED MALE VOICE: Okay. UNIDENTIFIED FEMALE VOICE: So it's more than that. (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: (Indiscernible). UNIDENTIFIED FEMALE VOICE: That means (indiscernible) that means 1.9. UNIDENTIFIED FEMALE VOICE: Not to be inflammatory, but we're all London Bay (indiscernible) so we come from worst case scenario (indiscernible). I'm sorry to say (indiscernible). UNIDENTIFIED FEMALE VOICE: Really? You should like buy lots. (Multiple simultaneous speakers.) MR. ARNOLD: Folks, one at a time, so we can pick it up on the recorder. UNIDENTIFIED MALE VOICE: Hopefully, they will be even higher (indiscernible). UNIDENTIFIED MALE VOICE: Yeah (indiscernible). UNIDENTIFIED FEMALE VOICE: That's exciting. Do you have a style in mind? MR. FITERMAN: The current -- the current contemporary look. It's not going to be the Italian -- UNIDENTIFIED MALE VOICE: More of a transitional -- UNIDENTIFIED MALE VOICE: Transitional contemporary. UNIDENTIFIED FEMALE VOICE: Yeah. That's exciting. UNIDENTIFIED MALE VOICE: So is that, Mike, the new homes that I'm seeing being built in sort of downtown Naples? It's kind of contemporary, but has a little old Florida to it? UNIDENTIFIED MALE VOICE: Yes, Barry, exactly. UNIDENTIFIED MALE VOICE: Okay. UNIDENTIFIED FEMALE VOICE: Okay. MR. ARNOLD: You had a question, sir? UNIDENTIFIED MALE VOICE: So as a neighbor, one of our worst fears was, you know, something with height. So single family is a good thing. The buffer -- the next thing, right, for us, since most of us live in Lacarno (phonetic) and, you know, next door that way, the buffer to us in terms of just screening. MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: I assume, in order to have your lots attractive, you're going to want, you know, screening in the rear of the lots coming back toward our way. MR. ARNOLD: In this area? road. UNIDENTIFIED MALE VOICE: Right. And the MR. ARNOLD: Well, this is all common element of your community -- UNIDENTIFIED MALE VOICE: Yeah. berm. MR. ARNOLD: -- with a landscape buffer and UNIDENTIFIED MALE VOICE: I'm very familiar with our side of the -- our side of the wall. MR. ARNOLD: Right. UNIDENTIFIED MALE VOICE: I'm wondering what kind of visual you would expect for that on the other side. MR. ARNOLD: Well, we're going to be -- the deviation we're requesting would allow us to put our required landscaping within the existing common easement that exists for landscaping. So we would be landscaping our inside portion of that landscape buffer. So if you walk back in here, for instance, you'll see what the buffer looks like from the other side. So we would be supplementing buffering on these three sides. UNIDENTIFIED MALE VOICE: Right. I'm just still not quite sure. Just help us understand what your plan is. Is it 5 feet, 10 feet? I think I heard you say 5 feet based on the lots, but I'm sure that -- MR. ARNOLD: Well, the buffer easement exists, and it's a recorded buffer easement that we're putting in. So that is our deviation to allow us to do the buffer on our property, but to supplement the buffer that's there. I'm just looking to see what the -- do you know the width of it offhand? UNIDENTIFIED MALE VOICE: It's a 10 foot. MR. ARNOLD: It's a 10 foot? UNIDENTIFIED MALE VOICE: 10 foot, yeah. MR. ARNOLD: Yes, supplemental buffer easement, which is the buffer easement that's minimally required from a single family to single family anyway. UNIDENTIFIED FEMALE VOICE: And correct me if I'm wrong, but this is the pump house, right, that we're pumping out. So -- UNIDENTIFIED MALE VOICE: Right, right. UNIDENTIFIED MALE VOICE: No, no. MR. ARNOLD: This is the pump house. UNIDENTIFIED FEMALE VOICE: So what is that? UNIDENTIFIED MALE VOICE: That's a shed that's got to go. UNIDENTIFIED FEMALE VOICE: Cool. (Multiple simultaneous speakers.) UNIDENTIFIED FEMALE VOICE: All right. But so the buffer is going to come how far? Are we talking like -- how much of that -- MR. ARNOLD: It's going to be planted -- if you went behind your wall, there's a return to grade with a berm and landscaping already on it. We're talking about putting our landscaping and supplementing those buffers that are already in place. UNIDENTIFIED FEMALE VOICE: Because the tallest trees that are on your property are here. I mean, what we see, those big tall trees that when we look out, that's -- they're going to go. MR. ARNOLD: Oh, yeah. We have a preserve area on the plan that's -- UNIDENTIFIED FEMALE VOICE: So what are we (indiscernible) be looking (indiscernible). UNIDENTIFIED FEMALE VOICE: It will be trees. Just short. MR. ARNOLD: Yeah. I mean, south of Hardesty Road would be, you know, our development tracts, and then we have a small preserve here in the entrance. UNIDENTIFIED FEMALE VOICE: I wouldn't think you'd want to be keeping those tall, spindly pine trees. MR. ARNOLD: Well, most of -- Mike, you can speak to it, I guess, if need be. MR. DELATE: Yes. It's actually a protected wetland. UNIDENTIFIED FEMALE VOICE: Oh. MR. ARNOLD: All this would be protected. So we'll have to remove exotics from that area, and then possibly do supplemental plantings, but the trees that would get replanted are going to be, what, Mike, canopy trees of some sort meeting the code? MR. DELATE: Supplemental, yeah. MR. ARNOLD: Yeah. UNIDENTIFIED MALE VOICE: Now, you had supplied us with a landscape plan or somebody did, the buffer plan earlier this year. Is that still -- UNIDENTIFIED MALE VOICE: We worked very, very diligently with the Mediterra communities. UNIDENTIFIED MALE VOICE: That's -- this is (indiscernible) replacement. UNIDENTIFIED MALE VOICE: Oh. UNIDENTIFIED MALE VOICE: Oh, okay. (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: He said you were going to be a really -- an improvement. UNIDENTIFIED MALE VOICE: I don't believe it. Are we talking about Terry or Greg? UNIDENTIFIED MALE VOICE: Greg. UNIDENTIFIED MALE VOICE: He was very, very UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: But, no, we worked with your board. We worked with Greg. And we satisfied -- we satisfied the concerns -- UNIDENTIFIED MALE VOICE: Because the plan looked pretty substantial, what I saw. UNIDENTIFIED MALE VOICE: And nothing has changed. UNIDENTIFIED MALE VOICE: Okay. Yeah. UNIDENTIFIED MALE VOICE: We needed to go through this with you all. UNIDENTIFIED FEMALE VOICE: I know. I know. UNIDENTIFIED MALE VOICE: Even though the whole idea was not to have this meeting, but by going -- by working directly with your board, we thought that it would -- it would accelerate time -wise. And the County said, no, we've got to have the meeting. So that's fine. UNIDENTIFIED MALE VOICE: I think I might also add, you know, your concerns on that east side, I mean, those are the rears of all those houses. As much as you don't want to look at them, they don't want to look at you either, because that's their pools. So, I mean, it's going to be buffered, because they're going to be sitting out there in the pool. UNIDENTIFIED FEMALE VOICE: Well, that's my next question. Thank you for that lovely segue. Now we're talking about noise from -- because our front yards are going to be looking and joining with their backyards. UNIDENTIFIED MALE VOICE: You'll have no front yards. MR. ARNOLD: These are their front yards. UNIDENTIFIED MALE VOICE: Yeah. MR. ARNOLD: I think you're talking about (indiscernible). (Multiple simultaneous speakers.) UNIDENTIFIED FEMALE VOICE: Those are all (indiscernible). UNIDENTIFIED MALE VOICE: That's a long ways away. UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: First -- and there's a huge berm between. You know the berm. UNIDENTIFIED FEMALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: There's a huge berm. So between the berm and all the foliage and the distance, you're not -- UNIDENTIFIED MALE VOICE: There's an elevation of like 3 or 4 feet. There's close to 5 feet difference between our property and theirs. And you're not going to fill that up. UNIDENTIFIED MALE VOICE: Well, we have to fill some of it. UNIDENTIFIED MALE VOICE: Some, but not 5 feet. UNIDENTIFIED MALE VOICE: The backs of the houses on the east side face east. They're not facing -- none of them are facing south towards your homes. So -- UNIDENTIFIED MALE VOICE: Even the corner one down at the bottom? UNIDENTIFIED MALE VOICE: Right. That corner lot still -- that house still faces east. And it's going to be behind the buffer. UNIDENTIFIED MALE VOICE: Faces east or west? UNIDENTIFIED MALE VOICE: East. The front house -- (Multiple simultaneous speakers.) UNIDENTIFIED MALE VOICE: The rear of the house faces east. So none of the -- none of the homes are going to face the rear facing south. So none of that is going to impact you in that way. And the berm there is substantial at that -- UNIDENTIFIED MALE VOICE: And look at the foliage. I mean, we're not going to take out that foliage that's on that line. UNIDENTIFIED MALE VOICE: We're just going to enhance that and add to it. UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED FEMALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: Now, that larger building, is that the one that's coming down? UNIDENTIFIED MALE VOICE: Yes. UNIDENTIFIED MALE VOICE: That's an old barn. It's an old pole barn. UNIDENTIFIED MALE VOICE: Yeah. UNIDENTIFIED MALE VOICE: It's from the prior owner, previous owner. UNIDENTIFIED FEMALE VOICE: I asked this question before the meeting got started, but do you foresee a long-term difficulty with left turns? Because everyone there is going to have to U-turn at the sign to go back. UNIDENTIFIED MALE VOICE: We're concerned about it as well. We want to talk with the Mediterra Association. We want to talk with the Talis Park Association. We'd love to -- you're going to have to make a right turn. Like what we would like to try to do on Livingston is put a left turn lane at where Talis Park's entrance is so you have a nice controlled U-turn. So that's what we're working on. MR. ARNOLD: But that's really subject to the county. UNIDENTIFIED MALE VOICE: Correct. UNIDENTIFIED MALE VOICE: And there's a lot of approvals for that. UNIDENTIFIED MALE VOICE: Yeah. So the question is -- yeah, we have the same concern. UNIDENTIFIED FEMALE VOICE: Because we have -- as we were discussing here, is the two lane headed south, that right where we can turn left, it becomes three. And it's kind of like you hope that people don't swerve into that (indiscernible). UNIDENTIFIED MALE VOICE: (Indiscernible) try to cross to go from one side of Mediterra to the other, he'd take a right turn and head south to go to one of those (indiscernible) and turn back. UNIDENTIFIED FEMALE VOICE: Yeah. And so for us -- UNIDENTIFIED MALE VOICE: In his Corvette. UNIDENTIFIED MALE VOICE: Yes. UNIDENTIFIED FEMALE VOICE: It is during season just -- and so I wondered about that, because it is real difficult just for us getting across the street. We're making a left-hand turn because people just do this as opposed to waiting like you're supposed to until it's clear and then everyone making their turns. So I am concerned with the increased traffic. I really am. UNIDENTIFIED MALE VOICE: Our people -- there's no way, where our entrance is, that it's anywhere near the Mediterra east entrance. We're all concerned about Livingston and (indiscernible) and everything else, you know. We want to make it as easy as we can for everybody. UNIDENTIFIED FEMALE VOICE: I guess long-term county -wise, is there any way, because it just continues to get more and more dangerous, and it becomes -- it's a 65 -mile -an -hour average that they UNIDENTIFIED MALE VOICE: Posted 45. MR. ARNOLD: Yeah. UNIDENTIFIED FEMALE VOICE: And it's a 45 -mile -an -hour zone (indiscernible). MR. ARNOLD: Well, the county guarantees every property to at least get a right in, right out access point. And then they control access pretty thoroughly on Livingston Road. It was considered to be a controlled access road. So they want it to be a higher volume movement, which is why you have the special access control ordinance that affects the property -- or not the property, but all of that road. So that's just a challenge working with the county, because they're trying to maintain capacity, and we would all like to, you know, have easier turns, but every time somebody has to slow down to get into a turn lane, it reduces the capacity on the road. Anything else? I think I caught -- please let Sharon know if you'd like a copy of everything we have, and we'll e-mail it to you. It's not a large document. And you can read all of it and ask any other questions you may have. Anything else, anybody? Adjourn? UNIDENTIFIED MALE VOICE: Going once. UNIDENTIFIED FEMALE VOICE: It's exciting. UNIDENTIFIED MALE VOICE: Thank you. UNIDENTIFIED FEMALE VOICE: Twice. Thank you. MR. ARNOLD: Thanks. Nancy, I'm sorry. Did you want to say anything? UNIDENTIFIED MALE VOICE: Good luck. MR. ARNOLD: Can we go back on the record? Can we go back on? There's -- (Multiple simultaneous speakers.) MR. ARNOLD: Let me just say one thing. Before we all break up, let me say that we don't have hearing dates scheduled yet with a hearing examiner or the Planning Commission, whichever it's going to be, but if you're within 500 feet, you're going to get a mail notice of that, correct, Nancy? MS. GUNDLACH: Correct. MR. ARNOLD: And then the signage will go up in advance of the hearing, or call Sharon or me anytime and we'll keep you posted. All right. Thank you all. Good night. UNIDENTIFIED FEMALE VOICE: Thank you. (Recording concluded.) STATE OF FLORIDA COUNTY OF COLLIER I, Joyce B. Howell, do hereby certify that: 1. The foregoing contains 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 the digital 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: Date: November 6, 2017 Joyce B. Howell Salvatori Law Office, PLLC ATTORNEYS AT LAW Newgate Center 5150 Tamiami Trail North, Suite 344 Naples, F1, 34103 Leo J. Salvarori Ditem 239.552.4106 F -ma i 1: lis@s a lvator i.lega 1 August 18, 2017 VIA E-MAIL AND COURIER Mr. D. Wayne Arnold, AICP Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 Tel: 239.308.9191 eFax: 239.552.4193 Web. www,salvatori.legal Re: Distinctive Residential Development at Livingston, LLC - Development of Livingston Subdivision — Mediterra Community Association, Inc Revisions to PUD document and master plan. Our File No. 12785-00002 Dear Wayne: Pursuant to our exchange of emails, I am pieased to enclose the original consent letter from the Mediterria Community Association for the changes to the Pezzentino De Cielo PUD document and master plan, which has been executed by the President of the Mediterra Community Association. Should you need anything further, please do not hesitate to call. ly, S41.VAnRI LAW OFFICE, PLLC LJSlclm CC Mr. Michael I. Delate. P.E., Grady Minor - milelatsiri' rad n inor.coi via email Mr. Steven C. I'iterman - sliterman it7 ii in ivecnmm Rnitics.cumm- (via email } Mr. Matthew Fiterman - iitermanla)aol.com (via email) Mr. David Sturdyvin - d�tetrtivvin+rr•distinctiv��rnnmuni[ic .cunt (via email) Prolaw: 1808480 Attachment G August 14, 2017 Collier County Permitting 2800 Horseshoe Dr N Naples, FL 34104 Re: Pezzetino Di Cielo PUD Insubstantial Change To Whom It May Concern, We have reviewed the proposed revisions to the Pezzentino Di Cielo PUD document and master plan. We have no objection to the proposed relocation of the required perimeter landscape buffers to the previously recorded landscape buffer easement. We understand that the existing landscape material located within the buffer easement will be supplemented with vegetation meeting the requirements for the otherwise required landscape buffers for the Pezzetino Di Cielo PUD. Sincerely, Robert Greenberg Board President Mediterra Community Association, Inc. (239)254-3040 /� Niediterra 4 L7111111YIT1it� Al. , Chitbn, lnC, IF , _;; coi'S_' li leil if.:l'riY �I f•_ lC Naples: FL J -V 10 August 15, 2017 Leo J. Salvatori Salvatori Law Office, PLLC 5150 Tamiami Trail North Suite 304 Naples, FL 34103 Re: Enclave of Distinction Dear Mr. Salvatori, Enclosed is the letter to Collier County Permitting that you requested. Please contact me if you have any questions. Sincerely, Tanya Douglass Executive Assistant Mediterra Community Association, Inc. (239)254-3043 Enc. Medite3rra Comniunit► Association. Inc, �.:�JirelT:i t.ii I -z May 9, 2017 Collier County Permitting 2800 Horseshoe Dr N Naples, FL 34104 Re: Pezzetino Di Cielo PUD Insubstantial Change To Whom It May Concern, We have reviewed the proposed revisions to the Pezzentino Di Cielo PUD document and master plan. We have no objection to the proposed relocation of the required perimeter landscape buffers to the previously recorded landscape buffer easement. We understand that the existing landscape material located within the buffer easement will be supplemented with vegetation meeting the requirements for the otherwise required landscape buffers for the Pezzetino Di Cielo PUD. G ergP'k, CAM, CCM, CCE General Manager Mediterra Community Association, Inc. (239)254-3040 Mediterm Community Association, Inc. 15735 Corso Mediteaa Circle Naples, FL 34110 (239) 154-3040 LONDON BAY HOMES June 9, 2017 Collier County Permitting 2800 Horseshoe Drive North Naples, FL 34104 RE: Pezzettino Di Cielo PUD Insubstantial Change To Whom It May Concern, We have reviewed the proposed revisions to the Pezzettino Di Cielo PUD document and master plan. We have no objection to the proposed relocation of the required perimeter landscape buffers to the previously recorded landscape buffer easement. We understand that the existing landscape material located within the buffer easement will be supplemented with vegetation meeting the requirements for the otherwise required landscape buffers for the Pezzettino Di Cielo PUD. Sincerely, Stephen G. Wilson Manager, LB Mediterra, LLC PRIVATE LABEL LIVING ?210 Vin•1erf+iIt Beach Rd Suitt 1300 Maples i'L 34109 ■ (?39J 592 1400 • Lon rionBay cam J he* r County Growth Management Department — Planning & Regulation Zoning Services Division July 14, 2415 D. Wayne Arnold, AICP Q. Grady Minor and Associate 3800 Via Del Rey Naples, FL 34134 Re: Minor Change to PUD Master Plan or Minor Text Changes PMC-PL20150001293, regarding the Pefzetino Di Cielo Residential Planned Unit Development (RPUD) Dear Mr. Arnold: This letter is in response to your application of June 3, 2015 requesting an administrative approval to make minor text changes to remove affordable dousing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements. Pursuant to Section 10.02.13, Planned Unit Development Procedures, E Changes and amendments, 3 Minor changes, c Affordable housing commitments, if the applicant notices property owners in writing and no objection is received within 30 days of mailing a notice, the request to remove commitments is deemed approved. Thus from the completed applicant application and tate no -objection of property owners within 30 days of the property owner letter mailing, it is deemed by staff that the affordable housing contribution commitment wording within the Pezzetino Di Cielo RPUD under Section IV, 4-5 Affordable Housing, A, is deemed approved for removal by staff. You may wish to have this letter recorded in the official records of Collier County as a permanent record of the variance approval. If you should have any questions, please do not hesitate to contact me. Sincerely, Mike Bosi, AICP Director, Zoning Division cc: Raymond Bellows, Zoning Manager Lori Beard, Correspondence File Attachment H Pezzettino Di Cielo (PL20160003482) • Application and Supporting :7 Documents January 11,, 2018 HEX Hearing Prepared December 14, 2017 0 Grady1tinor Ctiil Enw[twer" • Land survvy(I's • lllanncrs • hand"rapx= lrrhilert" WGradyMinor • Civil Engineers • Land Surveyors • Planners • Landscape Architects January 18, 2017 Raymond V. Bellows Zoning Manager Zoning Services, Planning & Zoning Department Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Pezzettino Di Cielo RPUD Amendment — PL20160003482 Dear Mr. Bellows: On behalf of our client, Distinctive Residential Development at Livingston LLC, we are submitting an application for an Insubstantial Change to a PUD (PDI) for the above referenced project. The proposed amendment to the Pezzettino Di Cielo RPUD is being requested in order to modify the Conceptual PUD Master Plan in order to deviate from the LDC buffer requirements in order to relocate the required landscape buffers on the north, south and east PUD boundary off-site within a previously • approved landscape buffer easement. The recorded landscape buffer easement is included, as well as photographs of the existing landscape buffer which was previously installed in this joint buffer area. Relocation of the buffers off-site is due to the presence of a 30' roadway easement located on the north property line. The developer intends to supplement the existing buffers with required landscape plantings. We are also rectifying what we believe was a scriveners error. The adopted conceptual Master Plan identified a 20' wide landscape buffer along the eastern property line although our submittal documents to Collier County for the project depicted the correct 10' wide buffer. Please contact me if you have any questions. Sincerely, ILD D. Wayne Arnold, AICP Enclosures Cc: Steven Fiterman GradyMinor File • Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Co Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 —2-90 Ch. 3 G:3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED 0 APPLICANT CONTACT INFORMATION Name of Applicant(s) : Distinctive Residential Development at Livingston LLC • Address: 1845 Trade Center Way city: Naples State: FL ZIP: 34109 Telephone: 612-207-8830 Cell: Fax: E -Mail Address: sfiterman@distinctivecommunities.com Name of Agent: D. Wayne Arnold Folio #: 00147240008 and 00147840000 Section: 122 Firm: Q• Grady Minor and Associates, P.A Twp: 48 Address: 3800 Via Del Rey City: Bonita Springs State: FL Telephone: 239.947.1144 Cell: E -Mail Address: warnold@gradyminor.com Fax: Range: 25 ZIP: 34134 • 6/17/2015 Page 1 of 5 0 • GOAT 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 Is the applicant the owner of the subject property? ■0 Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. x❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (if space is inadequate, attach on separate page) DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PUD NAME: Pezzettino Di Cielo PROPERTY O. O ORDINANCE NUMBER: 08-06 FOLIO NUMBER(S): 00147240008 and 00147840000 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. • Does amendment comply with the Growth Management Plan? ■❑ Yes ❑ No 6/17/2015 Page 2 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑■ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? NO Are any changes proposed for the area sold and/or developed? If yes, please describe on an attached separate sheet. ❑ Yes ❑ No • • 6/17/2015 Page 3 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 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 accented. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 16 Q ❑ Pre -Application Meeting notes 1 17 ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 Q ❑ Detail of request El x Current Master Plan & 1 Reduced Copy ❑ ❑ ❑ Revised Master Plan & 1 Reduced Copy ❑ ❑ ❑ Revised Text and any exhibits ❑ ❑ ❑ PUD document with changes crossed through & underlined ❑ Q 1:1PUD document as revised with amended Title Page with Ordinance # El ❑ Warranty Deed x Legal Description x ❑ Boundary survey, if boundary of original PUD is amended ❑ ❑ ❑ If PUD is platted, include plat book pages ❑ ❑ ❑ List identifying Owner & all parties of corporation 2 ❑ ❑ Affidavit of Authorization, signed & notarized 2 ❑ ❑ Completed Addressing Checklist 1 x ❑ Copy of 8'/: in. x 11 in. graphic location map of site 1 El ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 CO)*er caunty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ -Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Kris VanLengen ❑ Parks and Recreation: Vicky Ahmad ❑ Emergency Management: Dan Summers Naples Airport Authority: Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS I PUD Amendment Insubstantial (PDI): $1,500.00 1_Pre-Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN Business Center 2800 North Horseshoe Drive Naples, FL 34104 1Z 1 L-01 Applicant/Owner Signature Date �s t �e". ..a ` u 5 - ,LLQ Applicant/Owner Name (please print) 6/17/2015 Page 5 of 5 0 � • • • Pezzettino Di Cielo RPUD Insubstantial Change to a PUD Disclosure of Interest Information 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Distinctive Residential Development at Livingston LLC 1845 Trade Center Way Naples, FL 34109 Officers and major stockholders: Steve Fiterman, Manage Matthew Fiterman, Secretary December 12, 2016 UraPage 1 of 1 0 cfv`�tinnr GM1 FJig nwm, • i.and Sunes ans • Planners; • (.and,eaTw -krt wieris Sharon Umpenhour From: Wayne Arnold Sent: Monday, September 14, 2015 11:07 AM To: Sharon Umpenhour Subject: FW: Pre -app Waiver Attachments: Ord. 15-25.pdf From: BellowsRay[ma iIto: RayBellowsO)colliergov.net] Sent: Tuesday, August 04, 2015 6:41 PM To: Wayne Arnold Cc: GundlachNancy; AshtonHeidi Subject: Pre -app Waiver Hi Wayne, I agree that a pre -application meeting is not required for a proposed PDI to allow for a minor change to one development standard. Since Nancy was the planner for the Hibiscus PUD, she will be assigned to this PDI. If you have any questions concerning this matter, please do not hesitate to ask. Ra# Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department - Planning & Regulation Telephone: 239.252.2463; Fax: 239.252.6350 4C'o er minty Under Florida Law, e-mail addresses Yare public records. If you do not want your e-mail address released in response to a~public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. • 0 Pezzettino Di Cielo RPUD Insubstantial Change to a PUD • Project Narrative and Detail of Request Proiect Narrative The Pezzettino Di Cielo RPUD was approved in 2008 as Ordinance 08-06. The RPUD is currently undeveloped. The applicant is proposing insubstantial changes to the Pezzettino Di Cielo RPUD. The primary purpose of the amendment is to amend the Conceptual PUD Master Plan in order to deviate from the LDC buffer requirements in order to relocate the required landscape buffers on the north, south and east PUD boundary off-site within a previously approved landscape buffer easement. Recent review of tittle opinion by the owner's attorney revealed that Hardesty Road was located on the subject property and due to chain of title, the attorney has advised that vacating the existing roadway easement would be extremely difficult. The client redesigned their development plans to incorporate the Hardesty Road easement into their plans. The modifications resulted in the necessity to shift the proposed lots. Prior to the original zoning approval the owner worked with their then neighbor Long Bay Partners to create a shared buffer easement on Long Bay's south, wet and north • property boundary. The intent was to create a shared larger buffer between the Pezzettino Di Cielo PUD and the Mediterra PUD. This buffer area has been planted (see photos) and includes a ???' high berm, hedge and trees. The displacement of the landscape buffers to the area immediately adjacent off-site within the joint landscape buffer is consistent with the intent of the LDC to provide appropriate buffers between land uses. The property to the north of the Pezzettino Di Cielo project is undeveloped but scheduled to be developed by London Bay Homes. London Bay Homes has provided a letter of no objection to the proposed landscape buffer deviation. A small portion of the property to the east and south of Pezzettino Di Cielo PUD is developed with single family homes; however they are separated from the Pezzettino Di Cielo PUD by the mature joint bermed buffer and an internal roadway and additional landscape buffer, resulting in a separation from the Pezzettino Di Cielo PUD boundary of approximately 100'. The area east of Pezzettino Di Cielo has also been developed with a community maintenance facility for the Mediterra community. The resulting joint buffer will be supplemented with vegetative material consistent with the LDC buffer requirement that would normally be required to be planted within the Pezzettino Di Cielo PUD. Minor changes are also proposed to modify the rear and front yard building setbacks to reflect the existence of the Hardesty Road easement and new off-site buffer. The property owner is also removing an affordable housing commitment, which was previously extinguished through the administrative process outlined in the LDC. The • December 19, 2016 Page 1 of 4 10 f.Gr��d��'lirtur 001 Engine gra • lAnd 5ttrcryars . Manners • Landscaj tt^Ititrr^,+ Pezzettino Di Cielo RPUD Insubstantial Change to a PUD Project Narrative and Detail of Request • removal from the PUD as part of this PDI is an attempt to clean up the PUD language for the owner. Detail of Request On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. 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 IID 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; M 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. • December 19, 2016 Page 2 of 4 t�i'adv\linen CWH Engin€xa.. Land Surw°r ears • Manners - LantKwatr AnIVIrr Pezzettino Di Cielo RPUD Insubstantial Change to a PUD • Project Narrative and Detail of Request 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 regarding accessory structures. 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 additional dwelling units are proposed; therefore, there are no additional traffic impacts. • 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 revisions will have no impact to abutting residential land uses due to the presence of the existing shared landscape buffer easement. 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. • December 19, 2016 Page 3 of 4 Crad��3linor (Jul E.ngirwvrs - "and Sur vmort . Plannem, • L.andsrape :An-hiler9;., Pezzettino Di Cielo RPUD Insubstantial Change to a PUD Project Narrative and Detail of Request • 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. § 38O.O6(19)(e)2, and any changes to a DRI/PUD 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 changes do not meet the standards for a substantial modification and creates no external impacts. • • December 19, 2016 Page 4 of 4 (Jl°ad��li�lor {,h 1 t and Sunrsoi, - Manners • Wm(Krapu, Archilecis • Prepared by and Return To: David L. Cook, Esq. 3951795 OR: 4160 PG: 1837 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/28/2006 at 10:10AN DWIGHT B. BROCB, CLERK CONS 1000000.00 RBC FEE 18.50 DOC -.70 7000.00 Henderson, Franklin, Starnes &Holt, P.A. (Brooks) Retn:BT AL CHBFFY PASSIDONO 9990 Coconut Road Suite 101 821 STH AVE S KO Bonita Springs, FL 34135 1201 239-344-1375 NAPLES FL 34102 File Number: Hardest11424.17 Parcel Identification No. 00147240008 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) i This Indenture made this day of December, 2006 between Long Bay Partners, LLC., a Florida limited liabilty company whose post office address is 9990 Coconut Road, Suite 200, Bonita Springs, FL 34135 of the County of 1-1 Lee, State of Florida, grantor*, and Distinctive it1 ,-elopment at Livingston, LLC., a Florida limited liability company whose post office address is 1845 ade, FL 34109 of the County of Collier, State of Florida, grantee*, Witnesseth that said grantor, for ani in 961Tsitferati of the s good and valuable considerations to said Want ' d paid by has granted, bargained, and sold to to s;i e • situate, lying and being in Lee Count, F' riga,wi : 1 a � PARCEL I Sy All that certain parcel of la u�te lying and being i Collier County, Florida and 4;1r 1pore particularly d of TEN AND NO/100 DOLLARS ($10.00) and other I grantek, the',feceipt whereof is hereby acknowledged, issi6s forever, the following described land, 48 South, Range 25 East, Commencing at the Southwest cohn�".,o t! SQut. homes ft e:Bauthwest 1/. of the Northeast'/, of Section 12, Township 48 South, Range 25 East, t e,ialth o a point, thence go East 162 feet to the point of beginning, thence continue east 132 feet to a point; that c South 330 feet, thence West 132 feet, thence North 330 feet to the point of beginning; less the North 30 feet thereof for road right of way. PARCEL 11: All that certain parcel of land situate lying and being in Section 12, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the Southwest corner of the Southwest %. of the Southwest'/. of the Northeast'/. of Section 12, Township 48 South, Range 25 East, thence go North 660 feet to a point, thence go East 162 feet to the point of beginning, thence continue east 132 feet to a point, thence South 30 feet, thence West 132 feet, thence North 30 feet to the point of beginning Subject to reservations, easements and restrictions of record. Subject to taxes for 2007 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons • whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleTimee *** OR: 4160 PG: 1838 *** In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fust above written. Signed, sealed and delivered in our presence: Witness #1 Printed Name N/ Witness #2 Printed Name LONG BAY PARTNERS, LLC., a Florida limited liability company, By: Bonita Bay Properties, Inc., a Florida Corporation, as Managing Member By A eeson Vice President State of Florida County of Lee The foregoing instrument was acknowledged before me this day of December, 2006 by John Gleeson, as Vice President of Bonita Bay Properties, Inc., a Florida Corporation, as Managing Member of Long Bay Partners, LLC., a Florida Limited Liability Company, on b c �' He (X ] is personally known to me or [ ]has produced a Florida driver's license as identific ", - — '. (SEAL) Fnntea e: w- • -&- ,tarana .qua..■.v. ' j Y e ° �; >'M arch 220 2008 0 ,OFpjgldrOTrgfyln•�� OPi�7D1 Nm , 1 r Warranty Deed (Statutory Form) - Page 2 DoubleTimeo 0 • • Prepared by and Return To: David L. Cook, Esq. HENDERSON, FRANKLIN, STARNES & HOLT, P.A. 9990 Coconut Road Suite 101 Bonita Springs, FL 34135 239-344-1375 File Number: Hardest11424.17 Parcel Identification No: 00146680009 3951796 OR: 4160 PG; 1839 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/28/2006 at 10:10AN DWIGHT 1. BROCK, CLERK RIC FEE 18.50 DOC -.70 .70 Retn: CHIFFY PASSIDONO IT AL 821 STH AVE S 1201 NAPLES FL 34102 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this � da3� , ece - c,: 2006 between Long Bay Partners, LLC., a Florida limited liability company whose post office a Suite 200, Bonita Springs, FL 34135 grantor, and Distinctive Residential Developmen -a�, gston LLC.,a ted liability company whose post office address is 1845 Trade Center Way, Na s' 4109 grantee: a y� p� > (Whenever used herein the terms "grantor and "gr +#%}eall the parties -to his instruient ad the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corpora#'ions.trusts andetrusiee3 •t Witnesseth, that said grantor, for a d ir(_co� and valuable consideration to said gr'utiii�A hereby remise, release, and quitclaims ilk s� claim and demand which grantor has 4x&'�o to -wit: The Northern 30 feet of the V� Section 12, Towship 48 South, side ati n qrf`e st TEI' , M NO/100 DOLLARS ($10.00) and other good " d ° tee �th4 regeipt='whereof is hereby acknowledged, does id grantee, and grantee's he' s ,*� U igns forever, all the right, title, interest, the following descri*lanc, sr i,/lying and being in Lee County, Florida i,4the. Southwest 1/4-o` <tb_&Southwest 1/4 of the Northeast 1/4 of Subject to taxes for 2007 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's band and seal the day and year first above written. Signed, sealed and delivered in our presence: LONG BAY PARTNERS, LLC., a Florida limited liability company, By: Bonita Bay Properties, Inc., a Florida Corporation, as Managing Member --- 7 By /ffam �"Ahqi n Gleeson V. Vice President Doublerime® *** OR: 4160 PG: 1840 *** State of Florida County of Lee The foregoing instrument was acknowledged before me this 151h day of December, 2006 by John M. Gleeson as Vice President of Bonita Bay Properties, Inc., a Florida Corporation, as Managing Member of Long Bay Partners, LLC., a Florida Limited Liability Company, on behalf of the company. He is personally known to me. Notary Pu lic (seal) Printed Name, oA�' % Marsha Stachler My commission expires-. * Commission * DD2W655 Expires March 20, 2008 OF a-, ' ' T aif • Yaarck i, W"W700 0 • 0 Pezzettino Di Cielo RPUD Insubstantial Change to a PUD • Legal Description The subject property being +/-17.52 acres is described as: Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, described as: The West 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East, LESS AND EXCEPT: A perpetual easement to Collier County, Florida for roads, utilities and drainage easement over and across the West 50 feet thereof. AND Tax Parcel 9.1 more particularly described as: Beginning at the Southwest corner of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12 Township, 48 South, Range 25 East, thence North 66o feet to a point; thence East 162 feet to the POINT OF BEGINNING; thence continue East 132 feet to a point; thence South 330 feet; thence West 132 feet; thence North 330 feet to the POINT OF BEGINNING; Subject to a road Right -of -Way over and across the North 30 feet thereof. • AND The East 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4, less and except the North 30 feet thereof, and The West 1/2 of the East 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4, and The West 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4, and The West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4. AND PARCEL ONE as described in O.R. Book 3103, Pg 2950 The South thirty feet of the North 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East 1/2 of the East 1/2 of the East 1/2 of the North 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East. All Located in Section 12, Township 48 South, Range 25 East, Collier County, Florida. • December 16, 2016 Page 1 of 1 {Jradr 1iir�or� Uvil 3 npnfwr • land Su`rv,von� a;*iannem • L.vndscary, rcliizefls AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) Peaettino Di Cielo-PL20160003482 l Steve Fiterman (print name), as MGR (title, if applicable) of Distinctive Residential Development atLtvingston LLC (company, If applicable), swear or affirm under oath, that 1 am the (choose one) owner0applicantE:Jontract 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. f 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 0 Grady Mina and Associates, P.A to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp. 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 penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it ar (L Signature Signature D to STATE OF FLORIDA COUNTY OF COLLIER The f16 foregoing inst ent was sworn to (or affirmed) and subscribed before me on R - (date) by ¢ t C--+��-. e of person providing oath or affirmation), as who is personally known tom r who has pro f (type of identification) as identification. / STAMP/SEAL � " Signatur5Yof Notary anVENESSA STARR �t�U �''. `State of Florida -Notary Public +� Commission 8 GG 42129 d$ My Commission Expires OGrobcr 25, 2020 CPW&COA-00115\155 • REV 3/24/14 AZVO Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre -application meeting please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) OTHER PDI - PUD Insubstantial Chanqe • LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S12, T48S, R25E - see attached FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 00147240008,00147840000 and 00146680009 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) Pezzettino Di Cielo PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) • SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # cot, 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: F Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239.947.1144 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 00146680009 Folio Number 00147240008 Folio Number 00147840000 Folio Number Folio Number Folio Number Approved by: Date: 3/24/2017 i Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED P6Map • 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Pa*f 1 http://map s. collierapprai ser. comlwebmaplmapprint. aspx?title=&orient=LANDSCAPE&paper=LETTER&minX=40628 8.67328... 3/23/2017 • SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Pezzettino Di Cielo RPUD. —0000 1.2 LEGAL DESCRIPTION The subject property being +/-17.52 acres is described as: Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, descn"bed as: The West 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East, LESS AND EXCEPT: A perpetual easement to Collier County, Florida for roads, utilities and drainage easement over and across the West 5o feet thereof. �1, Tax Parcel 9.1 more particularly described as: Beginning at the Southwest corner of the SW 1/4 of the SW 1/4 of the NE 114 of Section 12 Township, 48 South, Range 25 East, thence North 66o feet to a point; thence East 162 feet to the POINT OF BEGINNING; thence continue East 1,32 feet to a point; thence South 330 feet; thence West 132 feet; thence North 330 feet to the POINT OF BEGINNING; Subject to a road Right -of -Way over and across the North 30 feet thereof. AND The East 1/2 of the East 112 of the SW 1/4 of the SW 1/4 of the NE 1/4, less and except the North 30 feet thereof, and The West 1/2 of the East 112 of the SE 114 of the SW 1/4 of the NE 1/4, and The West 1/2 of the East 112 of the SW 114 of the SW 114 of the NE 114, and The West 1/2 of the SE 114 of the SW 1/4 of the NE 114. AND PARCEL ONE as described in O.R. Book 3103, Pg 2950 • The South thirty feet of the North % of the SW V/4 of the NE 1/4 of Section 12, Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East 1/2 of the East 1/2 of the East 1/2 of the North V2 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East All Located in Section 12, Township 48 South, Range 28 East, Collier County, Florida. 1.3 PROPERTY O-MWERSHIP The subject property is under the ownership of: Distinctive Residential Development at Livingston, LLC and Long Bay Partners, LLC. Distinctive Residential Development at Livingston, LLC has a contract to purchase the balance of the property not under their ownership from Long Bay Partners, LLC. The lands together make up the t 17.52 acres covered by this RPUD 1.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the • various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. LAND USE TYPE Single-family, zero lot line 43 Dwelling Units WATER MANAGEMENT +/- 2.2o acres PRESERVE AREA +/- 0.82 acres ROADS/ROW +/-1.99 acres DEVELOPMENT TRAM +/ 12. 1 acres TOTAL: +/-17.52 acres U Pezzettino Di Cielo RPUD 0- o e'er \d O� 3 Trebbio WAY U- W Q.' W N W 0 U W m Sa�Ona Wq Y MEDT TERp4 BLVD Location ivia FAIRGROVE WAY BRIGHTLING W Y s� Ojn yTALIS PARK DHN Prato 0 O W W m a U CELLINI LN Celebrita CT BUONASERJCT VETERANS MEMORIAL BLVD LEARNING LN I WINFIELD LN a C m d 'a d Aberdeen AVE RAVINA WAY Ftre�1.--''� SENEC�CA WAy Y a N J Fairway CT Trophy D� d' Amberwood DR �lr'� LO Ashford 04 GTS Mar�Pt, GradNAlinor 1,100 550 0 1,100 Feet Civil Enginem., • Land Surveyors • Planners • Landscape Arehiteds 0 C7 • Pezzettino Di Cielo RPUD Insubstantial Change to a PUD • Deviation Justification Deviation #4 sees relief from LDC Section 4.06.02 Table 2.4, Table of Buffer Requirements by Land Use Classifications, which requires a Type 'A' Landscape Buffer to allow for no landscape buffer on-site but to provide the buffer within a joint landscape buffer easement (OR 4160 PG 1841). Justification: The property owner negotiated with the adjoining property owner in 2006 to create a shared landscape buffer easement between the subject property and the Mediterra PUD. The adopted conceptual PUD Master Pan depicted the buffers on the Pezzettino Di Cielo PUD property. In 2006, the owner believed that zero lot line development was the highest and best use and consequently the displacement of the buffers to the joint easement was unnecessary. In 2017, the owner believes that the market has shifted to larger lot single family. The larger lots make it both practical and necessary to utilize the joint buffer. Due to title issues involving a roadway easement located along the northern Pezzettino Di Cielo property, the owner has had to redesign their proposed plans, resulting in the need to shift the 10 -foot wide buffers to be planted within the shared buffer easement. The existing buffer easement is a vegetated mature buffer that includes a berm, hedge and wall. The existing buffer, far exceeds type 'A' buffer requirements and will be further • supplemented by the additional (new) type 'A' buffer plantings. L_J Deviation #5 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.F, Fences and Walls, which permits residential fences/walls to be a maximum of 6' in height from existing ground levels, to permit the perimeter combination berm/wall to be a maximum height of 8' above the Livingston Road average back of sidewalk elevation. Justification: This deviation is warranted because the existing grade of the property is significantly lower than the adjacent Livingston Road requiring several feet of fill to support the proposed residential project. The additional 2 feet is needed in order to place a 6' high wall on the perimeter berm in order to provide security and to buffer the adjacent traffic noise from Livingston Road. March 30, 2017 � GradyNJinor Page 1 of 1 00 3 ngirwvr; • Land ur%R vont • Planners . Lwandsea;x Air, hiirc'is a DEC. 9. 2005 4:52PM3951797 OR: 4160 PG: 1841 RECORDED in OFFICIAL RECORDS of COLLIER COMT, FL 12/26/2006 at 10:10AR DWIGHT E. BROCE, CLE11 RIC FEE 35.510 DOC -.70 7 'Ibis insttt mmA was prepared witbont examination or opinion of title by and leucon to: William J. Dempsey G'hety Passidorno Wilson & Johnson, LLP 821 Fif1h Avow South Naples, Florida 34102 (239) 261-9300 Retn: CHEFFY PASSIDOMO IT AL 621 57H AVB S 1201 NAPLES FL 34102 THIS LANDSCAM BUFFP.IZ EASEMENT, grunted this day of _ fi, A 4 "�,fi,, 2006, by Long Bay Pariva , LLC, a Florida llMUW 1iabIDty company, sua Mediterra Commawdy Axweiatlon, Inc., a Florida not -for -p vflt eurporationp colleadv* Gondar, to Distinctive Raddeadai Dr►elopa ent at IdvhViten, XAA a Florida lindted lability company, its as Grantee. WTf1tff.SSHI'H: That the dt� ,. sum of ten dollars ($10.00) and odor valuable consideration paid by the raxipt of which is edged, hereby conveys, grants, bargains and sells undo the Crra , ors and assiges, a e and sorbce and sub - without i citation ` f ton x landscaping hated improva�ts ( h ur ea, 4 li 8 `4syahenoe, irrigation syatean, and rrlated utSlfties) ni Ca with erl � wt which approval shall no be unreasonably withheld, c �rf ilowmg described and depicted lands • being loccatedted in Collier � I$ �f raft—clod Bxblbit al �. called TO HAVE AND TO HOLD grnrtdl unto end for be st of Grantee and its assigns, together with s right of it>gcraa and egress to brad to ma' afument, wboich easement and right shall be appu twwt to and rum with the `le i ~" r "l3." attached bereto and incorporated ham by reference, acrd shall be bhftg an end ' aW Grantor's seeecssor(s) in tide to the Easement Area. FROMED, H0W33VBR, that Goatee shell have responsibility far rmmbeaance of dro easement arta sad landscaping improvemenrb msmW or grated th"on or therein; that Grantee covenants and agnea to indenmhly sad bold baanless Grantor front a+4' lou, dm=So, h4ury, 64bt'h'tN or oWm awerwd by any person or entity arising out of Granha's improvement, entry upon, or use of the Easement Area; and that Gnome shall obtain the prior approval of Grantor of any substantial variation in we of the Easerno t Arts prior to such use. IN WITNESS WHBREOF, the Grantor has caused these presents to be executed the date and year fiat above Wntun. Grantor: wn,mSES: Long Bay partners, LLC, a Florida limned liability company Ti �/a J/ o L 0 C • DEC, 9.2005 4:52PM • Landscape Buffer Easement Page 2 wT wwsES: State Of ) Coanty of L ._ ) N0.4715 P. 4/5 OR; 4160 PG: 1842 Meditem Commulty Association, lac., a Fiorida not for-proftt corporation By. Print Tide: The foregoing hptumaot wanacknowledged pgaooeily before this jeday of v ^ i . 2006, by �s A4 -s as Lon= Bay Partners, > a Florida lindted liability compmv. who is wily known to me or who has produced 1.31 & as :A...�....K..� N.Damns - State Notary t• = C.ommMsion 3 7014 My, co= :-i lot Stitt Mondadly Awi �e County pf _ ) 1-7 t The forego is 1 a day sof u st by y`2006, Florida no far- tit co of Association, Inc., a inn a'�ton, who is o ir�ly >cnowp P ; me or who bas produced tion i f 1 Notary �tMMortaf t)C 3b� � �.. XPUU• Cif aQOTr ACKNOWLEDGMENT OF MAMM4ANCE RESPONSIRUJIM The undersigned Grantee hereby wJmwhaigw dart it shall have full rtspowibihty for mirenaace of the Eascount Area granted hereby, and of laadacaPiD& imPwvements, feciti = and equipment installed, operated, or consweted thereupon or therein. Distinctive ResldentM Development at Livingston, LL ds abllity a n" q By. Steven FitenvjA ib Managing Merau DEC. 9.2005 4:53PM N0.4715 P. 5/5 OR: 4160 PG: 1843 Landscape Huffer Basement Page 3 State of ) County ofti YID ) L The k egoiag imovmmt was acla�o4*ed pera n*Uy befoss dais � day of T zm by Statism Fitm� as Maw Member of Dlidnettre Residential Dwelopment at LLC, a Florida- lixrdt ed liability aomPA17, who is perswmtlly kWWn to me. ANNE MARIE STORMS Notary Public Notary Public Minnesota My eom�on e*s' 1 " My C "Issim E)Oms Js Nq 31, 2010 F&I AtllMMbsaeoer.11��.1Lt.i�r..a1 rnKi9Pe+bal4��rFs uw�L�6sµs are�rr+�a • 49 � fry %"' • 49 • • • DEC, 9.2005 4:52PM OR: 4160 PG: 1844 SKETCH OF DESCRIPTION DESOR/P M of o 10 foot wAis Landsaopve MwfAr Earwesnt " h the Southmt 1/4 of the NarMeast f/4 0l Section M Tows" 48 Sbufh. Range 25 Earl h Co9/er CwwN and beteg mora patkeda�ly aGeOrlbed oe /b8ows Comm nco at the North1 4 Corner of Sys 14 Typr, 48 S., Rg& 25 E, Cottkr Countx Aalft thence So0'$f70T, along the Nwth-scutl+ ijSeedon thea for tOMM flet Mww N.AQ'54'MT, Ow* Ow North Lin of the soubiweat 1/4 of the Southwest 1/4 of the AWWAVat 1/4 of NOW SM 42 for MOO Butt VWM AL 0081 MrK dWV the Eastarty Rlot-of-Mtry !ho of Llwhgeton Rood for 3200 1be4 tear a FONT or KMMMCr thwrce Net WWW. dung the North /hr of .i0 het Peserwd liar road Mot-ol ft 110,9 44 f"t;' thence S00'S3'3M a" the root the of the W@Vt IA of the Eoef 1/2 of the Southeast 1/4 of the Sautbowt 1/4 of the NwMeoet 1/4 of *old Sao, 12. for 887,34 lift Meoee SDd31'44'w W&V Me south Mw of Me the Southwert 1/4 of the Northeoat 1/4 of saki sea: 1Z lar 110&04 Beet thence SWW'FM aWp the E~yt-ole-Mtrr Me of ~on Rood for 1200 Z04there?* by the ttwe f*Vorhq fins m*oa�xed 1400 het pwp«�arfy shy» the North, Coat and South /hoe (rw�ecEMly) of rfM 'A, AWtOFM Phoee MM raft tM Oft ocoafdhg to Me plot thenal Reoord*d h Pat Book 44 Pager & MMUO 84 of the RAW Recede of COY* Cawfx >Tar/dkr; (L) N.dQ':ff 447E 1br 1119.94 tiet thane* (2) N 003'i'.3S'll: for 707.jj feet thwme (d)_ IM154MPW far 1n&44 (foot; Mw SO0'3110T wrong tf a Footed► t -0 -Way the of Lbe sten Road, tw 1200 last to tt+c Fotat of Be�Ssd Sub)bct to f0wKWom eos*mentr and r*atrkUvn# of rw o CEMEPAI. N07 : _ 1 P.O.C. kw 2 P.O.Y. 7 ee it` Stolon 1 3 Sea 4,! '� itmnFitla r nwrf� F�sr�war off w srafkn 1: 4 TTwpp.. 4 fiornahlp ,!`e wbt &oak Ott Pago 3d -era b 6 AN 3 to c" tact and dea[Me' crnr BM a""t10i+itl rot• 1 4 Saiq. Ar». W- i& A MW bl" �MIM1e W pte 5 Proposed l0' LB.E, Ja'c, t At ? 1 k d� , s of d 1 of --)w low - 1 VA 4\� � w oil a Tor Pwc*l P2sbYtl, Law or s rc 1/4 of N.& 114 !1x',1 S 1'44' w f1t19.t14' s t1om E -KMV44T. 1 f 1 Proposed 10' LB.E. D►! "1` AdWAM ft4W,� P"w Mr Mt NOT A SiIKUY PW fffkA. TRIGO & ASSOCIATES, INC. DATE : Sect.. 01. 2605 PUMM �TR D OMMM A C DRAWN 8Y: _. gQ.K.,__. SCALE. N.T.S. NAPI=. FLORIDA 94109 SHEET 1 OF t FILE NO. 04. 57.1_ IAM SURVBYMG M ONE MAN p M" J 3041060 OR; 3103 PG: 2950 IHCOIDID it 0111CIAL nCO111 of COLLM COW, IL hoped by mid Retum to: 0105/2002 at 01:001 1 DKIM 1. MCI, CLIN 10.11 arb 1.. wits,, wa• nC m 10.50 WFNDELS MARX LANE at Mn-rENDORF, LLP DOC -.70 .70 3461 Bonita Bey BlvdI , Suite 221 IIA Bonita Springs, Flotilla 34134 �UK I? u EASEMENT 3411 10M Ili IND #221 SUM 311110 IL 34134 Tws INDENTuRE, made and executed this 0 *"' day of tllf2 f , 2042 by and between LONG BAY PARTNERS LLC, a Florida limited liabilitycompany (her+einaftec "Gruttor"� and LYNN L. HARDESTY, AS TRUSTEE OF THE LYNN L. HARDESTY INTER VIVOS TRUST dated January 28, 1992 (hereinafter "Grantee") whose address is 3410 Highway 64 West, Hayesville, NC 28904. WITNESSETH: That for and in consideration of the sum of Tel and 00/ 100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors or assigns, a nonexclumiye easement (hereinafter the "Easement") for ingress and egress purposes over the following, . *Ok- tii i' PARCEL ONE The South thirty feet f thdX&M--%,oLft S 1/4 th�,NE 1/4 of Section 12, Township 48 S, Range 251, &IfiC , Flo da, L AND EXCEPT the East Va of the East yi of the a /t4 of the NE 1/4 of Section 12, Township 48 South, e S f l`, ¢ � 4 • PARCE f+P t g C 0 AND`° r Commenc at the Sa corner of the � 4of the Northeast 1/4 of Section 12, Township Range 25 East, C / I , Florida, thence go North 660 feet to a point, 4>iast lb2-fes f point of beginning, theme continue East 132 feet to a po to a point. thence West 132 feet to a point, thence North 30 feet tothe p int of beginning. This Easement shall be appurtenant to the following described property (known hereivaft as the "Hardesty Property"): The South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 48 South, Range 25 East, Collier County, Florida, LESS AND EXCEPT the following described parcels: (i) Beginning at the Southwest comer ofthe Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 48 South, Range 25 East, thence North 660 feet to a point, thence East 162 feet to the point of beginning, thence continue East 132 feet to a point, thence South 330 feet, thence West 132 feet, Page 1 of 2 0 I,* I• I -I *** OR; 3103 PG; 2951 *** North 330 feet to the point of beginning. (ii) The East 1/2 of the East 112 of the Southeast 114 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 48 South, Range 25 East. This instrument shall be binding on, and inure to the benefit of, the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor has executed this instrument or caused the same to be executed by its representatives, thereunto duly authorized, on the day and year first above written. Witnesses: LONG BAY PARTNERS, LLC, a Florida limited liability company By: BONITA BAY PROPERTIES, INC., its managing member ane: 5�►ss�V�la}s (Signature) its �� rr ode Printed Name: • " "-ia": k.3451 Bonita Bay Blvd. Ste. 202 Z-,012/ /f / - Bonita Springs, FL 34134 (Signature) F " Printed Name STATE OF - n. F4� COUNTY OF . 1_..w. _71 The foregoing instrument was acknowledged before me this day of 2002, by -5"tk ., t.A�-- as V ce - Pee- si�,4 of Bonita Bay Properties, Inc., a Florida corporation, man i mber of Long Bay Partners LLC, a Florida limited liability company, who is personal known to me produced as identification. (seat) Notary Public 40, 1 un M Mee PrintedName: t5ct C� �1 oas >t * �l000^ My Commission Expires: ply«� f E�pNn ttown� t 1 20CI SAWMI.&M FILFS%Me4ifem%0ew&nm of Fsummb\Hudrsy%Hndnty eaxmeatwpd Page 2 of 2 ; I Ie= IaN I r . SECTION A xrs. 1 a wm I wu I I19Ia I ! I ! I L /', �I P ePe I ., tLLv. u.Yx 5 TION wo Pr wn � 1 sea.. eM a� owe. wv '�'. rI weo �Pa nv 1 I n. I Rwx er ¢e..ea 114 "L—[. LM AMs. ---� ww WoPwlou e¢n ----t D rn ____-- I IV m SECTION O e1 °P' seal SECTION E (Imllea Imam aea I I I I I » sus an a eP+ SECTION O tlLl - pm----_— —�0.--lin SECTION F "r e. l _ Daanea neem Ball II Ia ewar 1. I—P, ow. R.n ,1- r..e I I I' SECTION H LEGEN m a 1:.,111e wnL mn n IIm11..„, ee. PEZZETTINO DI CIELO GradyMinor moa Clvli Engtneem . LendS—Yom . Plannersdscn . Lanape Al,cblWcle BUFFER CROSS SECTIONS � �rmR1r au�uRamxlrw¢»xryamew.ro. Pwnlen Dale deer'giun ge u' hmlla Fa19ale1: ?:in PAT. 1144 In In ialWP1(i en R,vMlnnr.cnm �nM1 Myam�9Dn.flnp.9,'Ina M 0ermb110111n� 3HM 1 of 1 a 0 0 0 • • AFFIDAVIT OF COMPLIANCE Petition PDI-PL201.60003482, Pezzettino Di Cielo 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 an insubstantial change to a PUD, at least 15 days prior to the scheduled Neighborhood Information. Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen"s description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and hereby made apart of this Affidavit of Compliance/ (Signature of State of Florida County of Lee of newspaper advertisement which are The foregoing Affidavit of compliance was acknowledged before me this 6th day of October, 2017 by Sharon Umpenhour, who is personally known to me or- i0io has produeed Signat of Notary Public) Joanne Janes Printed Name of Notary 0 G:1N1M Procedures/PEUDI- davit Of Compliance (N M).Docx (Notary Seal) JOANNE JAMES ox MY COMMISSION f FF 090820 EXPIRES: March 14, 2018 P'4?F��°4 8andsdThNBudpelNo�a�y5=rvice� GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects • October 6, 2017 RE: Neighborhood Information Meeting (NIM) PL20160003482, Pezzettino Di Cielo RPUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of an Insubstantial Change to a PUD (PDI), by Distinctive Residential Development at Livingston LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., for the following described property: The subject property is comprised of approximately 17.52± acres, located on the east side of Livingston Road approximately 1/2 mile north of Veterans Memorial Boulevard in Section 12, Township 48 South, Range 25 East, Collier County, Florida. Distinctive Residential Development at Livingston LLC is asking the County to approve this application, which proposes to amend the previously approved Conceptual PUD Master Plan in order to deviate from the LDC buffer requirements in order to relocate the required landscape buffers on the north, south and east PUD boundary off-site within a previously approved landscape buffer easement. Other proposed modifications have been made to development standards for the PUD. • You are invited to attend a neighborhood information meeting (NIM) hosted by the applicant to inform nearby property owners, neighbors and the public of the proposed Insubstantial change to a PUD for the subject property. The NIM is for informational purposes only and is not a public hearing. The meeting will be held on Thursday, October 26, 2017, 5:30 pm at Vanderbilt Presbyterian Church, Harp Hall, 1225 Piper Boulevard, Naples, FL 34110. If you have questions or comments, they can be directed to Sharon Umpenhour: 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. Project information is posted online at www.gradyminor.com/planning. Sincerely, r r Sharon Umpenhour Senior Planning Technician 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 0 r� Pezzettino Di Cielo RPU D .• so A'f Il Trebbio WAY W E5 - 0 9 a, y 0 Savona .4Y MED17-ERRA BLVD Vi//or est �VqY Monter osSo LN LUcaLiUn ivia FAIRGROVE WAY BRIGHTLING W Y TpL�g ppRKOR TALIS PARK DI Prato j SUBJECT PROPERTY 0 O w m a v CELLINI LN Celebrita CT BUONASERA CT VETERANS MEMORIAL BLVD LEARNING LN i 'INFIELD LN Q c a, a, v Aberdeen AVE RAVINA WAY e14P, SENECA WAY a a U) J Fa - Fairway CT Trophy Amberwood DR 10. � \ GO Ashford LN • I � f � \� Marp\e GTt Gradylxiinor Civil Engineers • Land Survc,,ors • Planners • Landscape :ArchifteC3 1,100 550 0 1,100 Feet 10003482 External500' 10uplieam ma8me addresses removed) 0/30/7017 page 1 al l RfCKEY AME1 xAMF1 NAMES NAME4 NAMES NAME6 LEGAL LO -D SECT -1 RANGE I5115000226 ACOSTA,]ULIOB PATPICIA 22GETTYS&1RGCi NTOwN, N1 08501 1074 CABREO AT MEDITERRA LOT 8 g 12 IS 5996DW 1569 M,IMEPHMevALERIEM SAVONA AlwFl 34126-3701 MEDITERRA PARCEL 102 LOT 9 2 b 25]ISWM43 ARNOLD, LARRY G BSARAH L 1.11'IN MANI RUN LANE N 46077--0000 BIEOAT MEDRERRAIOTA 4 lZ 48 ZS 2111-00 BFN1A43TUARTAUNELIGBEH iRASER%NRA! 16839 GBRED OR NAPES'Fl 134110-0000 GORED AT MEDITERRA LOT 1 7 b 5 25115000129 BUCK, S11 IN I B SHANAOND 310 POSTERITY PL MARION, NI 08053- 5311 CARED AT MEDITERRA LOT 3 3 '3 a 25 25115000061 GRED AT MEDRERRA NEIGNBORHODO ASSN INC I. 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TERRY G 6 KAREN I 162621UCARNO WA 59%011212 WIDE, CANDRIM PO ROK 829 0 0 0 • • NEIGHBORHOOD INFORMATION MEETING PL20160003482, Pezzettino Di Cielo RPUD The public is invited to attend a neighborhood meeting held by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Distinctive Residential Development at Livingston LLC on: Thursday, October 26, 2017, 5:30 pm at Vanderbilt Presbyterian Church, Harp Hall, 1225 Piper Boulevard, Naples, FL 34110 Distinctive Residential Development at Livingston LLC is asking the County to approve an Insubstantial Change to a PUD (PDI) Application, which proposes to amend the previously approved Conceptual PUD Master Plan in order to deviate from the LDC buffer requirements in order to relocate the required landscape buffers on the north, south and east PUD boundary off-site within a previously approved landscape buffer easement. Other proposed modifications have been made to development standards for the PUD. The subject property is comprised of approximately 17.52± acres, located on the east side of Livingston Road approximately 1/2 mile north of Veterans Memorial Boulevard in Section 12, Township 48 South, Range 25 East, Collier County, Florida. Brighbing IVO airgmve :NAY �a z `'s Park DR S q & mn , RD Tr ebb+D z SUBJECT o PROPERTY s�,an VVAY 0 a z Fieer.78'dr'AY A9 ea#C"M 8l✓p J � �, Y Vd A� art � W WA c i &neva a h.9 L ors enys�� C �P Versa .RAY �. t-,gVe'xim T �o� a� CDG O R fe ra emorie �.VA Pinnacle n 0 ti '4 TrD^rhYDRn ar S �BjSe Cry 90 f env Aberde nMS 4b % 4R Business and property owners, residents and visitors are welcome to attend the presentation. The Neighborhood Information Meeting (NIM) is for informational purposes only; it is not a public hearing. Project information is posted online at www.gradyminor.com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail by October 26, 2017 to: Sharon Umpenhour, Senior Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com October 6, 2017 ND -1771801 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects November 22, 2017 Long Bay Partners, LLC 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 RE: PL20160003482, Pezzettino Di Cielo RPUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of an Insubstantial Change to a PUD (PDI), by Distinctive Residential Development at Livingston LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., for the following described property: The subject property is comprised of approximately 17.52± acres, located on the east side of Livingston Road approximately 1/2 mile north of Veterans Memorial Boulevard in Section 12, Township 48 South, Range 25 East, Collier County, Florida. Distinctive Residential Development at Livingston LLC is asking the County to approve this application, which proposes to amend the previously approved Conceptual PUD Master Plan in order to deviate from the LDC buffer requirements in order to relocate the required landscape buffers on the north, south and east PUD boundary off-site within a previously approved landscape buffer easement. Other proposed modifications have been made to development standards for the PUD. Sincerely, Michael Delate, P.E. Enclosures Cc: Steven Fiterman GradyMinor File 0 • 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 :7 USPSTRAGKNG j 9590 9402` L(14d ��249 4247 02 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 United States • Sender: Please print your name, address, and ZIPW it Postai Service ShOLY-On Umptnhou.4z Q. Grady Minor & Assodslo, PA. 3800 Via iet Ray Bonita Springs. FL 34113,1 1(lil�t�tltr�ttltll►l ttl-lthrl,it�t��t;tttllt�tl�Ittlat box* • • A 0 Complete iteffis III Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 9590 9402 2440 6249 4247 02 A. v- E3 Agmt 11 Addressee B. Received by (Printed Aims)0, Date of Delivery D. Is delivery addre!=I If YES, enter deIiJ57Zb E03 Y- No NOV 3 0 2017 Q. Grady Minor & ASSQCiafP.c P A [3 collect 0 Insured 7015 1520 0002 1747 2161 0 Ins"red Ps Form 3811, July 2015 PSN 7$30-02-000-9053 0 9 fps 0 Priority Mall EVcess® me C) RegMmd WOW ure lFlestrJoW Do" 13 Registered Ma Restricted 10 0 Re&kftd Wkvzy Delivery 11p'for XD=% advery silvery Residutid,olvery C! Signature ConfirmationTrA I' Signature Confirmation Restricted Delivery . PArstricted Delivery DOmestle Retum Receipt SIGN PUSTING INSTF CT�IONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) isA 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 the Administrative Code, Chapter 8 E. • I . The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure, The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HEISHE 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 PL201 003482, Pezzettino Di Cieio RPUD Q. Grady Minor and Associates, P.A. 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 20th day of December, 2017, by Sharon Urnpenhour, personally known to me i and wlodielldid not take an oath. My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Printed Name of Notary Public �".�r• P ;� JOANNE JANES * * MY COMMISSION r FF DX82U EXPIRES: March 14, 2018 " � RgeQS ank Thru 9vdgd Notary SEIYkke