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HEX Backup 01/25/2018 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JANUARY 25, 2018 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JANUARY 25,2018 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: NOTE: This item has been continued from the January 11,2018 HEX Meeting. 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] NOTE: This item has been continued from the January 11,2018 HEX Meeting. 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 1 Martha S. Vergara From:Terri Lewis <tlewis.uslegal@gmail.com> Sent:Friday, January 19, 2018 11:39 AM To:Patricia L. Morgan Subject:Fwd: FW: RE: Attachments:Hiwasse PUD (PDI-PL20170002544) (1-17-2018).docx.pdf; 1-25-18 STAFF REPORT.docx Follow Up Flag:Follow up Flag Status:Completed Terri Lewis Begin forwarded message: From: ReischlFred <Fred.Reischl@colliercountyfl.gov> Date: January 19, 2018 at 11:11:36 AM EST To: StrainMark <Mark.Strain@colliercountyfl.gov>, "tlewis.uslegal@gmail.com" <tlewis.uslegal@gmail.com> Cc: BellowsRay <Ray.Bellows@colliercountyfl.gov>, BosiMichael <Michael.Bosi@colliercountyfl.gov> Subject: FW: RE: Attached is the supplemental info for item 3.A on Thursday’s Hearing Examiner agenda. Please let me know if you have any questions. Respectfully, Fred Reischl Fred Reischl, AICP New email as of 12/9/2017: fred.reischl@colliercountyfl.gov Zoning Division Growth Management Department “Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT” 2800 North Horseshoe Drive Naples, FL 34104 239-252-4211 From: StoneScott Sent: Thursday, January 18, 2018 8:30 AM To: ReischlFred <Fred.Reischl@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Cc: Bob Mulhere <BobMulhere@hmeng.com>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Subject: FW: RE: Fred/Ray, 2 Looks good from my end. Please give it a look and let me know if you see any issues. Kathy, Please print out and add to the file. No RLS needed. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: Bob Mulhere [mailto:BobMulhere@hmeng.com] Sent: Thursday, January 18, 2018 8:24 AM To: StoneScott <Scott.Stone@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Cc: StrainMark <Mark.Strain@colliercountyfl.gov>; Tom Taylor <TomTaylor@hmeng.com> Subject: Fwd: RE: See attached. Thank you. Sent from my iPhone Begin forwarded message: From: Stephanie Karol <StephanieKarol@hmeng.com> Date: January 17, 2018 at 3:44:30 PM EST To: Bob Mulhere <BobMulhere@hmeng.com> Subject: RE: Revisions per your request. Thanks, S. Stephanie Karol Permitting Coordinator HOLE MONTES, INC. Engineers · Planners · Surveyors 950 Encore Way Naples, FL 34110 USA Direct: (239) 254-2018 Main Line: (239) 254-2000 Facsimile: (239) 254-2099 From: Bob Mulhere Sent: Wednesday, January 17, 2018 2:26 PM To: StoneScott; ReischlFred; SmithCamden; BellowsRay Cc: StrainMark; Tom Taylor; AshtonHeidi; Stephanie Karol Subject: RE: OK, we just want to be crystal clear. Bob Mulhere, FAICP Vice President, Planning Services HOLE MONTES Under Florida Law, e-mail addresses are 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. 3 239-254-2000 Direct: 239-254-2026 Cell: 239-825-9373 From: StoneScott [mailto:Scott.Stone@colliercountyfl.gov] Sent: Wednesday, January 17, 2018 2:26 PM To: Bob Mulhere; ReischlFred; SmithCamden; BellowsRay Cc: StrainMark; Tom Taylor; AshtonHeidi Subject: RE: Bob, Please remove “inclusive of any easements” from Section 5.5 C.1. The setback will be measured from the PUD boundary, and no further qualifications should be necessary. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: Bob Mulhere [mailto:BobMulhere@hmeng.com] Sent: Wednesday, January 17, 2018 1:32 PM To: StoneScott <Scott.Stone@colliercountyfl.gov>; ReischlFred <Fred.Reischl@colliercountyfl.gov> Cc: StrainMark <Mark.Strain@colliercountyfl.gov>; Tom Taylor <TomTaylor@hmeng.com> Subject: Attached are the PDI documents reflecting the agreed to revised language. Thank you. Bob Mulhere, FAICP Vice President, Planning Services 950 Encore Way Naples, FL 34110 Office: 239.254.2000 Direct: 239.254.2026 Fax: 239.254.2099 Cell: 239-825-9373 Serving Clients throughout Southwest Florida Since 1966 Hole Montes, Inc. intends for this electronically stored data attached to this message to be accurate and reliable; however, due to the complex issues concerning electronic data transfers and data translators, Hole Montes, Inc. cannot control the procedures used in retrieving and manipulating data on your computers. Hole Montes, Inc. cannot and does not warrant or verify the accuracy, currentness, completeness, noninfringement, merchantability, or fitness of any of the electronically stored data attached to this message. Hole Montes, Inc. reserves the right to revise and improve electronically stored data at any time without notice and assumes no liability for any damages incurred directly or indirectly which may arise at any time as a result of the use of this data. 4 The user agrees to verify the data to ascertain its accuracy for their intended purpose. The user agrees to consult with their engineer or other professional to ensure the applicability of the information. Hole Montes, Inc. makes every effort to ensure that the data is virus free. However, Hole Montes, Inc. assumes no responsibility for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies in the installation or use of this information. Use of the data indicates that the user accepts the above conditions; if these conditions are unacceptable, the data should be returned promptly to Hole Montes, Inc., 950 Encore Way, Naples, FL 34110 and all copies should be destroyed. This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient or the employer or agent responsible for delivering the message to the intended recipient, this serves as notice to you that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately via email at postmaster@hmeng.com or by telephone at 239-254-2000. Thank you. Under Florida Law, e-mail addresses are 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. 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 This PDI was heard at the January 11, 2018 HEX meeting and continued to the January 25 meeting, pending revised information requested by the HEX, to be supplied by the applicant. The revised information is attached. SECTION ONE: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-753 AS 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........................................6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development.................................................................13 SECTION VI Development Commitments..............................................15 EXHIBITS Exhibit A — PUD Master Plan Exhibit A-1 — 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 stfuekare deleted; words underlined are added. HA2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-17-2018).docx 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: 1. Front yard_ Livingston Road — 25 feet, measured from the PUD boundary. 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 stfuek thnml.,gh are deleted; words underlined are added. HA2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-17-2018).docx SECTION THREE: AMENDMENTS TO SECTION VI, DEVELOPMENT COMMITMENTS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-755 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 een tr 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 ath/sidewalk, as well as installation of any associated landscaping, shall be the responsibility of the County. 6.3 UTILITY REQUIREMENTS C. The developer, or its successors in interest, shall izrant, at no cost to the Countv 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 assigns, shall grant, at no cost to the County and free and clear of all liens and encumbrances, a temporary count 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 ones 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 dimPrncinnc Page 3 of 5 Words stmek thirrotigh are deleted; words underlined are added. HA2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-17-2018).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 count.y 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 for graphic illustration of easement locations and dimensions. Page 4 of 5 Words stfuek thff^,inh are deleted; words underlined are added. H:\2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD (PDI-PL20170002544) (1-17-2018).docx SECTION FOUR: AMENDMENTS TO SECTION VII, DEVIATIONS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ' ORDINANCE NO. 04-755 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 PUD, is hereby amended to read as follows: 7. DEVIATIONS A. A deviation from Section 4.06.02 C.4, 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. '��+�� .� .' %AJ the.' c--enst , 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. This deviation is applicable only to the automobile self -storage use (SIC Code 4225 Page 5 of 5 Words are deleted; words underlined are added. 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O0,5 U % Z O 96 W W f4. C) Q U. .. ` 4` d C �b C M AGENDA ITEM 3-A This item was continued from the January 11, 2018 HEX meeting. The packet materials were submitted at the January 11, 2018 HEX meeting. 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] SECTION ONE: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS 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 6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development .13 SECTION VI Development Commitments 15 EXHIBITS Exhibit A—PUD Master Plan Exhibit A-1 —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 struck through are deleted;words underlined are added. H:\2001\2001076\WP\PDI\HE)\Hex Continuance\Hiwasse PUD(PDI-PL20170002544)(1-24-2018).docx 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: 1. Front yard_ 25 feet Livingston Road—25 feet, measured from the PUD boundary. Eatonwood Lane—24 feet, measured from the PUD boundary. 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 true gh are deleted;words underlined are added. H:\2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD(PDI-PL20170002544)(1-24-2018).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 construct 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 County. If FPL does not give its permission to locate the sidewalk/bike path within its asement,the developer, or its successors in interest, shall construct the 6 foot wide sidewalk/bike path along Livingston Road. 6.3 UTILITY REQUIREMENTS * * * * * * * * * * * * * C. 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 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 assigns, shall grant, at no cost to the County and free and clear of all liens and encumbrances, a temporary county 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 struck through are deleted;words underlined are added. H:\2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD(PDI-PL20170002544)(1-24-2018).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 for graphic illustration of easement locations and dimensions. Page 4 of 5 Words struck through are deleted;words underlined are added. H:\2001\2001076\WP\PDIX\Hex Continuance\Hiwasse PUD(PDI-PL20170002544)(1-24-2018).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 PUD, is hereby amended to read as follows: 7. DEVIATIONS A. A deviation from Section 4.06.02 C.4, 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. Subsection 6.06.02.A.1 of the Collier County LDC to allow improvements to the existing FPL service road by foot wide sidewalk and bike path along Livingston Road. 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. This deviation is applicable only to the automobile self-storage use (SIC Code 4225). Page 5 of 5 Words struck through are deleted;words underlined are added. H:\2001\2001076\WP\PDI\HEX\Hex Continuance\Hiwasse PUD(PDI-PL20170002544)(1-24-2018).docx n 1" • 1 0 II- 11 y ? 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', 11.-:-._ . 4 ' W W LJ— Cn -- C ..WI posc•Soi, `•I 0 c.„... 1 o i o= F 1 f i Q Z LSi � 4 ..:....„is / yy N 13 q R ° e .« R p B b j w• AGENDA ITEM 3-A CoreCounty MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION HEARING DATE: JANUARY 25, 2018 SUBJECT: PDI-PL20160003482, PEZZITTINO DI CIELO RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) The petition PDI-PL20160003482, Pezzittino Di Cielo RPUD, was continued from the January 11 Hearing Examiner meeting to the January 25, 2018 hearing to address issues related to an easement located along the north property line. The agent has also revised the PUD Document and Deviation Justifications to: - Clarify the type of plant material that will be in the shared landscape buffer easement. (See attached Deviations Justification#4 dated January 9, 2018 and PUD Document page 10, Deviation D, dated January 12, 2018.) - Clarify and limit the application of the proposed 7.5-foot front yard setback to any lot with one front yard on Hardesty Road or Enclave Circle. (See attached PUD Document page 6, footnote# 8.) - Clarify that the maximum 8-foot wall and berm height is composed of a 6-foot high wall on top of a 2-foot berm. (See attached PUD Document page 10, Deviation E, dated January 12, 2018.) The issues related to the easement located along the north property line are still being resolved. END OF MEMORANDUM PDI-PL20160003482,PEZZITTINO DI CIELO RPUD(RESIDENTIAL PLANNED UNIT DEVELOPMENT) January 16,2018 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. Coodlcttc, Coleman,Yovanovich and dehnsenKoester, 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, 2007 DATE APPROVED BY BCC January 29, 2008 ORDINANCE NUMBER 2008-06 AMENDMENTS AND REPEAL 2004-41 Words underlined are additions;words struck-through are deletions Pezzettino Di Cielo RPUD Last Revised 01/16/2018 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 +10 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 strucle-tlfreugli are deletions Pezzettino Di Cielo RPUD 2 Last Revised 01/16/2018 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. 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 5o 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 3o 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 struck-through are deletions Pezzettino Di Cielo RPUD 3 Last Revised 01/16/2018 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 00147240008 and 00147840000) and Long Bay Partners, LLC (Parcel Number 00146680009). Diz 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 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 +/- 2.2ea7 acres PRESERVE AREA +/-0.82 acres ROADS/ROW +/- 1.9966 acres DEVELOPMENT TRACTS +/- 12.519 acres BUFFERS/OPEN SPACE +/-3.17 acres TOTAL: +/-17.52 acres Words underlined are additions;words struck through are deletions Pezzettino Di Cielo RPUD 4 Last Revised 01/16/2018 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.truclf-tlfreugh are deletions Pezzettino Di Cielo RPUD 5 Last Revised 01/16/2018 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 5o feet' 50 feet' Minimum floor area 1,600 square feet 1,600 square feet Minimum principal structure setbacks • Front yarda 20 feet2 20 feet2 • Front yard for side entry garage$ 10 feet 10 feet • Side yard 6 feet o and 10, or 5 feet3 • Rear yard 10 feet 10 feet • Waterfront 20&feet5 20 feet5 • Preserve boundary 25 feet 25 feet Minimum accessory structure setbacks • Front yard$ SPS6 SPS6 • Side yard SPS6, 5 o fcct SPS4, 6 • Rear yard 5/0feet e 5.feet7 • Waterfront 20/o feet5 20 feet5 • Preserve boundary 10 feet 10 feet Minimum distance between principal structures 12 feet 10 feet Maximum height(zoned) 35 feet 35 feet 1 Minimum lot width for cul-de-sac lots maybe reduced by 2o%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 10 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 10 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 For any lot abutting Hardesty Road or Enclave Circle,a 7.5-foot setback shall be permitted for one front yard on Hardesty Road or Enclave Circle. Words underlined are additions;words t sruc'�, gh are deletions Pezzettino Di Cielo RPUD 6 Last Revised 01/16/2018 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: (1) 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 struc1f-threugli are deletions Pezzettino Di Cielo RPUD 7 Last Revised 01/16/2018 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 6.06.02 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 struck-through are deletions Pezzettino Di Cielo RPUD 8 Last Revised 01/16/2018 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. 01-247), 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). 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 struck eugh are deletions Pezzettino Di Cielo RPUD 9 Last Revised 01/16/2018 475---AFFORDABLE-HOUSING , A. The developer shall contribute $1,000 to the Collier County Affordable project. This sum shall be paid prior to the issuance of the CO for the residential unit. The $1,000 contribution for each residential unit shall be a Words underlined are additions;words struckgh are deletions Pezzettino Di Cielo RPUD 4-0 Last Revised 01/16/2018 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. D. The developer requests a deviation from Section 6.06.01 of the LDC,to permit the cul do sac to exceed 1,00o feet in length as shown on the Master Plan. A D. The developer requests a deviation 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. E. The developer requests a deviation from LDC Section S.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. M impm 8-ft wall and berm combination (6 ft wall on approximate 2 ft berm) shall be measured from the edge of pavement of the existing travel lane at the approximate mid-point of the parcel frontage on Livingston Rd. This pavement elevation is approximately 15.0 NAVD. Words underlined are additions;words struck gh are deletions Pezzettino Di Cielo RPUD 4410 Last Revised 01/16/2018 . ,« .M7S9 3..K=00 S ! !1 b 3 1 ce �) 2 I \ g I I `` I 0. 4 R A - - �- d 1 4 I ; I il ' LI I.!' 1 \ fil s I/� ,---- \ 1 t ij" I it. WI \\ I di II \ 1 it .1 N , s ® g� i3 41 1 I R r-.1-7-V-... , 1-'17 t • • • • • • tg i • ♦ / 1 .@ • i •cI I a, . , , l. • • f 6 .♦ , I Ce 1 . • • 1 • J a..v , I ' i} 1 il1 il .{f-- ar rat , ,- 70 1iPE C , Mer I I-.., «.......VP... 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Ol 1,..1d) Gly " N aa -,---1 13 m r -Da .64,'\ ,... fS W d Q 7 cl) L7 OO --- _' o. _---- Pezzettino Di Cielo RPUD Insubstantial Change to a PUD Deviation Justification Deviation #4 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. 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. 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. Maximum 8-ft wall and berm combination (6 ft wall on approximate 2 ft berm) shall be measured from the edge of pavement of the existing travel lane at the approximate mid-point of the parcel frontage on Livingston Rd. This pavement elevation is approximately 15.0 NAVD. 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. January 16,2018 Page 1 of 1 PEZPD/Deviation Just ification_v3.docx (;rtlti\1(incn' Gi111 I•€,nnrl',111111.1,•I'Il1i1 i i,•1,rluh,,111, N111111111, mmori AGENDA ITEM 3-B Cother County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 18, 2018 SUBJECT: PDI-PL20160003482, PEZZITTINO DI CIELO RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUD) PROPERTY OWNER: Distinctive Residential Development at Livingston LLC 1845 Trade Center Way Naples,FL 34109 APPLICANT/AGENT: Applicant: Agent: Distinctive Residential Development Mr. D. Wayne Arnold at Livingston LLC Q. Grady Minor and Associates, P.A. 1845 Trade Center Way 3800 Via Del Rey Naples, FL 34109 Bonita Springs, FL 34134 REQUESTED ACTION: 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 principal and accessory 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 $ Neat .4)4 E. @ @ :,. e, 0 0° 4, ..,.....® 0t- 0 Z ® 0 G jibe AikO ® i oW0 r. e ° /Ilk 4 0 Cf" U r iz 1 t . X :4 E al IIIN , ........ a cn Un t; pg A ® 4. �E g0 a 8 ° N ® 0 Mine e 1 00 CO CD s ® t- ° o p O :.- 0 ( R 0 4+ 1 in N J a) .Q E Z c 0 a. a w Q W W ca o�� Y o Ov +=• °C O (a d. J N Qa ONlllfld 12:1Od211V 0 U J U cc W W W J J L2, 01 0 GODLETTE-FRANK RD N Ila xc Z Ot/IS a NU.1,v wK,mi+w\•.d 0023s-O t 4'$w n-NW\•YM.Min•\\ W El;w 5 v i nu334I-G ld:DNINOzi l t R b . l M°. ®gaddng adv3saNV1 rv,3dA.l HUM All ED 1 Ii I II II fI 4 a 6o I Z 1 '' 1 1 V a W W fA O I / • 1 I Q m z 54 n I 1 I o Xo z : I I ®I Ww 1 I < ba I 11I r4 3ZWm N til 1 11 a. 1 ' I I o,Qi J1 !, ) 1 i 1 I o 1' ! 0 1 I E Z I • CD -* 1 N I i Ia 0 al I cb w2 \ / I 2 �y •a •xI t71 6 al 1 � 1 ®3; 1 ' .• / '' W ':5 I..L � D : a lIm cif I II ',_ . . .v' ` 1W iii I w� . -1 R j I P i " PI I - -QVO?I NOZS.NIA 7 aFF Foz k. ag aH, H ,tit 6' 0 1 H aaama a Kwa Ra ,�,Ae*^ IoM ao WO Nivo cn 7 E- 6 a U m y D a COA ol F zFt Ca a a 3zww a �� Q w a� a z Fe oz z p w n a w o a r ,,, ▪ 6W0 a U 0 0 z x 3 D a 0.e0 a p ao a en X54 E. ag�oa c y za < 2 m 3 w H..E°- MW oX W pm<> F W 0,0 > 1I �1 c"ii• 3°waaam O oMa C — e., m a z — el NM GEOGRAPHIC LOCATION: The subject 17.52k 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-lane divided median collector roadway, and then Mediterra PUD, developed with single-family homes See attached landscape buffer photos and Photo Reference Master Plan. 1 / f , \\\ /1\\''''''''''''‘'--, : l'irr*A„._ I i ''lin „ i1 JP i --......c.......„,,. -- _. , , . { f , „„ ,.i _ MaMv RD l33 AI I Is `e ggbi SUBJECT SITE , 1 x t f i, Memsarn De va uarnm,a BLVD E::. ` 4l 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 December 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-P120160003482 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. 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. StaffAnalysis 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. StaffAnalysis 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-P120160003482 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 PREPARED BY: ��. (, 20n NANCY G AC , AICP DATE ZONIN R ICES SECTION REVIEWED BY: !Z 7 7 _ RAY :if LOWS, MANAGER D TF ZONING SERVICES SECTION ////%�� ► 2.- 11- ( 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 PF.Z7ETTINO 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. Geedletter Yovanovich and JehaseeKoester, 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 December 6.2007 DATE APPROVED BY BCC January 29.2008 ORDINANCE NUMBER 2008-06 AMENDMENTS AND REPEAL 2004-41 Words underlined are additions;words sttrelf-thi.eugh are deletions Pezzettino Di Cielo RPUD 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 +io 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 struelc-threugh are deletions Pezzettino Di Cielo RPUD 2 Last Revised 08/16/2017 SEC'T'ION 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. 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 5o 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 33o feet; thence West 132 feet; thence North 33o feet to the POINT OF BEGINNING; Subject to a road Right-of-Way over and across the North 3o feet thereof. AND The East 1/2 of the East 1/2 of the SW Va of the SW 1/4 of the NE 1/a,less and except the North 3o feet thereof,and The West 1/2 of the East 1/2 of the SE 1/a of the SW 1/4 of the NE 1/a,and The West 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/a,and The West 1/2 of the SE1/aofthe SW1/4ofthe NE1/4. AND PARCEL ONE as described in O.R.Book 3103,Pg 295o Words underlined are additions; words struck-tough 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 00147240008 and 00147840000) and Long Bay Partners, LLC (Parcel Number 00146680009). Dis e#ve The lands together make up the ± 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 +/-1.9966 acres DEVELOPMENT TRACTS +/-12.519 acres BUFFERS/OPEN SPACE +/-3.17 acres TOTAL: +/-17.52 acres Words underlined are additions;words sfruck-threugh 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 struck through 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 5o feetl 5o 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/o feets 20 feet5 • Preserve boundary 25 feet 25 feet Minimum accessory structure setbacks • Front yarde SPS6 SPS6 • Side yard SPS6, 5 e-feet-SPS4L 6 • Rear yard 5/4 feet e 5 feet? • Waterfront 20/o feets 20 feet5 • Preserve boundary 10 feet 10 feet Minimum distance between principal structures 12 feet 10 feet Maximum height(zoned) 35 feet 35 feet 1 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-'nick through are deletions Pezzettino Di Cielo RPUD 6 Last Revised 08/16/2017 SEI;HON III PRESERVE AREA 3.1 PERMIT ED 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: (0 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 streeek through are deletions Pezzettino Di Cielo RPUD 7 Last Revised 08/16/2017 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 6.06.02 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 struck ough are deletions Pezzettino Di Cielo RPUD 8 Last Revised 08/16/1017 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. 01-247), 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). 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 struck-through are deletions Pezzettino Di Cielo RPUD 9 Last Revised 08/16/2017 .. Words underlined are additions;words struck through are deletions Pezzettino Di Clete RPUD 40 Last Revised 08/1612017 SECT ION 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. D. The developer requests a deviation 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. E. The developer requests a deviation from LDC Section 5.03.02.Ca.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. Words underlined are additions;words st+uelthrough are deletions Pezzettino Di Cielo RPUD 44-10 Last Revised 08/16/2017 F . 4 4 { i ita . ii EI 1 11111 to 1qq 14 Ill SII r ;Hi M i i a ', w._ ` I i ' s ! 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Z co 7 f C O 1111 , aa. as ' 0 t1\ ORDINANCE NO.08-06 111/ 0 4, AN ORDINANCE OF THE BOARD OF COUNTY ) , 16 COMMISSIONERS OF COLLIER COUNTY,FLORIDA, , '''SeOraill'e 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 PEZZEITINO DI CIELO RPUD, C, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 43 r-rn RESIDENTIAL DWELLING UNITS ON PROPERTYwr, ;g41rn =,_ co LOCATED IMMEDIATELY EAST OF LIVINGSTON vim ROAD AND AND APPROXIMATELY 4.5 MILES NORTH OF rt IMMOKALEE ROAD (C.R. 846) IN SECTION 12, viz: -0 M -n-rs TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.52+1- %;x: c;) 6-1 ACRES;AND BY PROVIDING AN EFFECTIVE DATE. x0" — 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 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SKTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page I of 2 Attachment B • PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this 3(11-') day of IrIci is,1.1 .2008. ATTEW••'-'34r-e, BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROOK;,CLERK COLLIER CO , ' I RDA - • e ••••• •'• - • , -' • By: B kVA a 0041.'11m s Deputy Clerk TOM I EI ING, I' SiOnlitore 0114.' Approved as to form and legal sufficiency: MarjoIrlit Student-Stirling46613 Assistant County Attorney This ordinance filed with the Sweaty of Of ef ond ochnowledg thot fill r this day w O. ill' A' Page 2 of 2 P.Ourf as* 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 V.Yovanovich,Esq. Goodlette,Coleman and Johnson,P.A. 4001 North Tamiami Trail,Suite Soo Naples,FL 34103 Q.Grady Minor and Associates,P.A. 3800 Via Del Rey Bonita Springs,FL 341S4 239-947-1144 Exhibit A DATE REVIEWD BY CCPC December 4.2007 DATE APPROVED BY BCC 2.4 ORDINANCE NUMBER -o AMENDMENTS AND REPEAL 2oro¢- TABLE OF CONTENTS PAGE SECTION I PROPERTY OWNERSHIP&DESCRIPTION 3 SECTION II RESIDENTIAL AREAS PLAN 5 SECTION III CONSERVATION/PRESERVE AREA 7 SECTION N DEVELOPMENT COMMITMENTS 8 SECTION V DEVIATIONS FROM THE LDC 11 LIST OF TABLES AND EXHIBITS TABLE I DEVELOPMENT STANDARDS 6 EXHIBIT A RPUD MASTER PLAN 2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION Li 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. z.s 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,lbwnship 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. AND Tax Parcel 9.t more particularly described as: Beginning at the Southwest corner of the SW 1,4 of the SW Y4 of the NE V4 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 3o feet thereof. AND The East V2 of the East Ve of the SW V4 of the SW Y4 of the NE J/4, less and except the North 30 feet thereof,and The West 1/2 of the East 1/2 of the SE V4 of the SW 1,4 of the NE V4,and The West 3/2 of the East 1/2 of the SW V4 of the SW V4 of the NE V4,and The West 1/2ofthe SE%ofthe SW1/4ofthe NE1 . AND PARCEL ONE as described in O.R.Book 3103,Pg 2950 3 The South thirty feet of the North 1 of the SW X14 of the NE V4 of Section 12, Township 48 8, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East Y2 of the East itt of the East 1 of the North Vs of the SW 1,4 of the NE V4 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 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 1.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND 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. J4AND USE TYPE Single-family,zero lot line 43 Dwelling Units WATER MANAGEMENT +1-2.20 acres PRESERVE AREA +/-o.82 acres ROADS/ROW +/-1.99 acres DEVELOPMENT TRACTS +/-12.41 acres TOTAL: +/-17.52 acres 4 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 FERMITI ED 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: (i) Customary accessory uses and structures,including private garages, outdoor kitchen facilities.privacy walls(6'height)pavilions,fountains, trellised,and other landscape features. (2) Common recreation amenities.Such uses shall be visually and functionally oompadble 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: (r) 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. 5 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 5o feeti so feet1 Minimum floor area i,600 square feet 1,60o square feet Minimum principal structure setbacks • Front yard 20 feet! 20 feet2 • Front yard for side entry garage to feet 10 feet • Side yard 6 feet o and 1o,or 5 feels • Rear yard to feet to feet • Waterfront 20 fees 20 feet' • Preserve boundary ss feet 25 feet Minimum accessory structure setbacks • Front yard SPS6 SPS' • Side yard SPS' o feet' • Rear yard 5 feet o feet' • Preserve boundary to feet to feet Minimum distance between principal structures l2feet to feet Maximum height(zoned) 35 feet 35 feet 1 Minimum lot width for cul-de-sac tots may be reduced by 20%provided the minimum lot area is maintained. s The distance from the back of the sidewalk to the face of the large door most 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 malt ensure that parked vehicles will not interfere with pedestrian ' Where a zero foot yard option is utilized, the opposite aide 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 to 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. ' SPS=Same as Principal Stricture. Accessory structures shall not be placed within lake maintenance easements or required landscape buffers. • 6 SECTION DI PRESERVE AREA 3.1 PERMITTED USES The R.PUD 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 L 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: (1) 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. 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 6.06.02 of the LDC. The amount shall be determined by utilizing FDOrs 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. 8 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. 01-247), 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. 4.3 EMERMIMENTAL A. Soil testing for contaminants including chlorinated hydrocarbons, organophosphates and total petroleum hydrocarbons must be performed prior to final residential development order approval. 44 WATER 1VIANAGISMENT 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 4.5 AMBRABLELIQUBING 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 $i,000 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. to 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 (60') 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 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. D. The developer requests a deviation from Section 6.o6.oz 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 1 4 9 ii'h'i' PI I/ i 11 1 , el 1 t- i 1 I 1 g I 1 +I il ' Ier— - AS TT- I i X % %Ai . ' L -1.4 i • . . ' .i •. • I/1 11* --- --".N i 11111 ; 1 f 4ri 3i , . I I . 4 i ` 4 I \. ----4 II lir ) ' 1 iI - Itt :S;° 55;1 .) I Q � g 1 If .., l' \ • ---...,, , III i S•07Ti'F MJt' • MMl11Mwo•anoeNINA 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.,,BOard_pf County CotmAtillonerd 1 7"1111e- • • • . . . . By:Martha lie gara; Deputylerk , - - li& . 4' 44 Aike •ioN rra. fi a i ' y Y. i--7,' i ;y 4404; d ' P P..' : , i • r ter, 7, Ilitag■ pi kilk 0--00—m- '-'. � • 1 406 4, �r .1t .rte +...'u�"'�' • tr s d i. • i s c A. 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A All 1 is <QI <l L--J L--J t! 1\ ' k \ I • • �IlI n, I& �, ; ! �I(d ie� — l a1 .n,..11..au.voa-11u...run„ e-r County Growth Management I:)epartment toning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA# 1244, Principal Planner,Zoning Services From: Sue Faulkner, Principal Planner, Comprehensive Planning Date: December 12,2017 Subject: Future Land 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#08-06,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 4th 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 4th submission also added buffers/open space to the PUD section 1.4 Description of Project Plan and Proposed Land Uses. The 5th 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 '/ mile north of Veterans Memorial Blvd., in Section 12, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: 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 Plan. 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 planned 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/ 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,FL 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 be 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 be 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 effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the needlar 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 and or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the 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 lies 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 Land Use Element. PETITION ON CITYVIEW cc: Mike Bosi.AICP, Director,Zoning Division David Weeks,AICP, Growth Management Manager,Zoning Division,Comprehensive Planning Section Ray Bellows,Manager,Zoning Services Section PDI-PL2016-3482 Pezzettino Di Cielo R5.dcxx 2800 North Horseshoe Drive,Naples,FL 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 OCTOBER 26, 2017 Appearances: WAYNE ARNOLD STEVE FITERMAN MICHAEL DELATE NANCY GUNDLACH JAMES SABO SHARON UMPENHOUR 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) Medi terra? 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. - —'- Aud then for this property, we'll have to put -- for the hearing examiner, we still have to put up signage, correct? MS. DMgE08ODR: 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-tont 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-font 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. Mn. ARNOLD: Probably meaning you could do one or the other of those. UNIDENTIFIED MALE VOICE: And what price points are you planning? (Iodiooaruible) . 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. FZTEBMA0: 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 POD 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 PDD, 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 uoita' 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 baok toward our way. MR. ARNOLD: In this area? UNIDENTIFIED MALE VOICE: Right. And the road. MR. ARNOLD; Well, this is all common element of your community -- UNIDENTIFIED MALE VOICE: Yeah. MR. ARNOLD: -- with a landscape buffer and berm. UNIDENTIFIED MALE VOICE: I'm very familiar with our side of the -- our side of the wall. MR. ARNOLD: Bigbt, 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 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 good. 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 1 south, that right where we can turn left, it becomes tbree. 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) e1 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 do. 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 304 Naples, FL 34103 Leo J.Salvatori Tel: 239.308.9191 Direct: 239.552.4106 eFax: 239.552.4193 E-mail: ljs@salvatori.legal Web:www.salvatori.legal August 18, 2017 VIA E-MAIL AND COURIER Mr. D. Wayne Arnold, AICP Grady Minor 3800 Via Del Rey Bonita Springs, FL 34134 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 pleased 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. Restectful ly, S(..vn` i i LAW OFFICE,PLLC L J. vatori LJS/clm cc: Mr.Michael J.Delate.P.E.,Grady Minor • mdeluteaigradyminnr.ccm via email Mr.Steven C.Fiterman-slitermanraldistinctiviceonIrn itic .cumin-(via email Mr.Matthew Fiterman- titemtan2ia uoI.com(via email) Mr.David Sturdyvin-dsturtivvin q distinctivecnmmunities.com(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 a Mediterra Ccunnwnit‘ Association,Inc. 15" Cc•rs-•;;iedirerni Cir•_ Naples FL 34710 August 15, 2017 Leo J. Salvatore 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. Mediterra Canuuunity -Association. Inc. 15715C;q., .:e•lir�ir;� iick :.q �f_7411:' 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. Sincerel IPEP Greg Pi.k, CAM, CCM, CCE General Manager Mediterra Community Association, Inc. (239)254-3040 L Mediterra Community Association,Inc. 15735 Corso Mediterra Circle Naples,FL 34110 (239)254-3040 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 I:; r? V Li \ 3EL LIVING COttier Growth Management Department— Planning & Regulation Zoning Services Division July 14, 2015 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 Pezzetino 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 housing 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 the 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,AICCPP Director,Zoning Division cc: Raymond Bellows,Zoning Manager g5 Lori Beard, Correspondence File Attachment H Pezzettino Di Cielo ( P120 160003482 Application and Supporting Documents January 11, 2018 HEX Hearing Prepared December 14, 2017 GradyMinor Engine'rr:•Laud Sunr%ors•Plantu-N•I andcc,apr.lrrhaveIN GradyMinor 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—P120160003482 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, rtea_ 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 ear 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 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: Cell:Cell: Fax: E-Mail Address: sfiterman@distinctivecommunities.com Name of Agent: D. Wayne Arnold Folio#:00147240008 and 00147840000 Section: 12 Twp: 48 Range: 25 Firm: Q. Grady Minor and Associates, P.A Address: 3800 Via Del Rey City: Bonita Springs State: FL ZIP: 34134 Telephone: 239.947.1144 Cell: Fax: E-Mail Address: warnold@gradyminor.com 6/17/2015 Page 1 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 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. 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. PROPERTY INFORMATION PUD NAME: Pezzettino Di Cielo 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. '1 Does amendment comply with the Growth Management Plan? ❑■ Yes ❑ No 6/17/2015 Page 2 of 5 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coIliergov.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? ❑ Yes ❑ No If yes, please describe on an attached separate sheet. 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: POD 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 accepted. REQUIREMENTS FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application(download current form from County website) 16 ❑ ❑ Pre-Application Meeting notes 1 ❑ Project Narrative, including a detailed description of proposed changes 16 ❑ ❑ and why amendment is necessary Detail of request ❑ ❑ ❑ Current Master Plan& 1 Reduced Copy ❑ ❑ ❑ Revised Master Plan& 1 Reduced Copy ❑ ❑ ❑ Revised Text and any exhibits ❑ x❑ ❑ PUD document with changes crossed through& underlined ❑ ❑ ❑ PUD document as revised with amended Title Page with Ordinance# ❑ ❑ ❑ Warranty Deed ❑ x❑ ❑ Legal Description ❑ ❑ ❑ 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 1/2 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 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 Coffrer Cavatty 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 ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart 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 L PUD Amendment Insubstantial(PDI):$1,500.00 I' Pre-Application Meeting:$500.00 1} 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 kt, k 7.-A (4, \ Lbk Applicant/Owner Signature Date LLC'_ Applicant/Ow ner Name(please print) 6/17/2015 Page 5 of 5 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, Manager Matthew Fiterman, Secretary December 12,2016 Page 1 of 1 GradyM nor ngtrn/ d •Piannr� •Lind-taro' !r ithrcl..' 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 [mailto:RayBellows@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. Racy Raymond V. Bellows, Zoning Manager Zoning Division -Zoning Services Section Growth Management Department—Planning & Regulation Telephone:239.252.2463; Fax: 239.252.6350 Under Florida Law e-mail addresses are pJbhc records If you do not want your e-mail address released in response to a public records requestdo not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Pezzettino Di Cielo RPUD Insubstantial Change to a PUD Project Narrative and Detail of Request Project 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 19,2016E �� or Page 1 of 4 IdNlin Ciid t ngtnctl •Lana Susi tr*•I'i.ataner,,•Land,capc Arrhe,ecis 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 No 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; No 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 GradN Minor (ii!l.wrasern*1arari saanec.ar,*t't.aaner>:*E,.artd,ra(r;•Arc hilec a 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 (Jradt Minor [i;!1 vgine *Land Sung-km,,Manners*!ana{•Spt° 1r�lte,et°23 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. § 380.06(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 (xrad?,\Haar CRA Ltr„.ineccr•Land Silt ekor,•Planner,*L,anuErc7p,,lrrltiSeei_: 3951795 OR: 4160 PG: 1837 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/28/2006 at 10:10AN DWIGHT B. BROCK, CLERK COES 1000000.00 Prepared by and Return To: RBC FHB 18.50 David L.Cook,Esq. DOC-.70 7000.00 Henderson,Franklin,Starnes&Holt,P.A.(Brooks) Retn: 9990 Coconut Road Suite 101 CHEM PASSIDONO ET AL Bonita Springs,FL 34135 821 5TH AVE S #201 239-344-1375 NAPLES FL 34102 File Number: Hardest1142417 Parcel Identification No.00147240008 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this /A-14i 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 Lee, State of Florida, grantor*, and Distinctive erttlal i ` _ s went at Livingston,LLC,a Florida limited liability company whose post office address is 1845Tlade)Ce r. . • , Na FL 34109 of the County of Collier, State of Florida,grantee*, s' , . >> Witnesseth that said grantor, for and in ct nsitteration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said gfantdr°Bi nd paid by sair4i granteei the receipt whereof is hereby acknowledged, has granted, bargained, and sold to tete sal•- ..:.* eering Jt anti- ssigtls forever, the following described land, situate,lying and being in Lee County,F rida,tdVwt> $ Y I ats t ) IL PARCEL I » , ` i All that certain parcel of cant tante lying and being inction 1/2,--Township 48 South,Range 25 East, Collier County,Florida and b�ir,pore particularly descrlbeda Dhows: Commencing at the Southwest con o`f t e.S, uthw .oft4he,Southwest 1/4 of the Northeast'%of Section 12, Township 48 South,Range 25 East,theniciOplorthlktikeilio a point,thence go East 162 feet to the point of beginning,thence continue east 132 feet to ar'pi nt-=thenc 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 H: 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 1/4 of the Southwest'4 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 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 Witness#1 Printed Name 'NN/.6 Tt1-_zi f1&.5 o n Gleeson • i')//a/ixtita- 'f/ Vice President Witness#2 Printed Name 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 betrefifo -c�` . He [ X ] is personally known to me or [ ] has produced a Florida driver's license as identificati'no 't€. _ � .` ., !,� , A // Notary 'ublic \ (SEAL) k— ``5-iifi—'-iec DrsY Aoq. Marsha Stachier fly . .u i • ' e' Commission#DD284665 ry "tjr Expires March 20,2008 I I 'Vikat V? ? pF Octal Trap Fin•trimmest ine 10134.64010 f , /I Warranty Deed(Statutory Form)-Page 2 DoubleTimeo 3951796 OR: 4160 PG: 1839 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/28/2006 at 10:10AK DNIGHT E. BROCK, CLERK RIC FEE 18.50 DOC-.70 .70 Prepared by and Return To: Retn: David L.Cook,Esq. CH1F71 PASSIDOKO IT AL HENDERSON,FRANKLIN,STARNES&HOLT,P.A. 821 5711 AVIS 1201 9990 Coconut Road Suite 101 NAPLES FL 34102 Bonita Springs,FL 34135 239-344-1375 File Number: Hardest11424.17 Parcel Identification No: 00146680009 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this / dayece 06 between Long Bay Partners, LLC., a Florida limited liability company whose post office a est a � !I , oo'ad,Suite 200,Bonita Springs,FL 34135 grantor, and Distinctive Residential DevelopmenriCWinfston, LLC., aek4limited liability company whose post office address is 1845 Trade Center Way,Nap1s, 34109,grantee: (Whenever used herein the terms "grantor" and'"grantee"itieledegrall the partics"t'o this instrument and the heirs,legal representatives, and assigns of individuals,and the successors and assigns of corporations trusts andttustees`l !/ ?\ ti 1; ) Witnesseth,that said grantor,for and u coi*sidei titpn of tl e su -'I'E1 A tD NO/100 DOLLARS($10.00)and other good and valuable consideration to said graritb is id..h . tee'th reC'erpt whereof is hereby acknowledged, does hereby remise, release, and quitclaim�t the said grantee, and grantee's lielii-anaraigns forever, all the right, title, interest, claim and demand which grantor has iia a` d'to the following describ land,sr� 'lying and being in Lee County,Florida E to-wit: ylm The Northern 30 feet of the West`i the_Southwest 114 of t Southwest 1/4 of the Northeast 1/4 of Section 12,Towship 48 South,Rang�5) A 1I my orida. 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 hand 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 Witness#1 Printed Name , ' _ n Gleeson fl0 :. Vice President kil‘ilk I Witness#2 Printed Name DoubleTimee *** OR; 4160 PG; 1840 *** State of Florida County of Lee The foregoing instrument was acknowledged before me this 15th 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. 'Alio/i Not -I- \--"A ry Pu lic (seal) Printed Name: ok*'Y P°e, Marsha Stachler My commission expires: *Commission#DD284865 Expires March 20,2008 ��oaP Bonded Tug Fain-Irinn c"irc e004854010 -•-'•--AV 07 f 1 - -� /, \\ �_ p . :. I.•"•7- 1 ''''''l'. 1\-7--;:r\k--"7‘' 57.A \1 `_ „r, f .#It:\ r-+ 00..E F 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 5o 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 33o feet to the POINT OF BEGINNING; Subject to a road Right-of-Way over and across the North 3o 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 3o 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 (Jradv 1inor *'Lind Said4.k Or.•Planner,•I,,inikriwi ;awhile ^ AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Pezzettino Di Cielo-PL20160003482 1, Steve Fiterman (print name),as MOB (title, if applicable)of Distinctive Residential Development at Livingston LLC (company, If applicable),swear or affirm under oath,that I am the(choose one)owner ,/ applicant 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. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize O.Grady Minor 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 init ar 'Sit-1-1/43-4,— Q,„ c_el tC),30.4„ 2..ae:,it, Signature D to STATE OF FLORIDA COUNTY OF COLLIER The foregoing inst sent was sworn to(or affirmed)and subscribed before me on ' (date)by S t 6.4.),...s.,..:—.., •. e of person providing oath or affirmation), as vJ - who is personally known to m- .r who has pro'• ': (type of identification)as identification. ' STAMP/SEAL S s natur: of Notary 11Mc f 4 A r;;;;',,, VENESSA STARR �01,1 y Sate of Florida-Notary Public S:s-. •= Commission#GG 421 29 %"'''`*$= MyCommission Expires `� 1"a'`, October 25,2020 CP108-COA-00115\155 ...---. REV 3/24/14 Co -ter 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) El PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) El PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone El VRSFP(Vegetation Removal&Site Fill Permit) (Standard ❑ RZ Rezone) El OTHER PDI-PUD Insubstantial Change 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, or associate 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 I PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# 1 CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: 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 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED N o-� o N G ,---,-.) pq N_ M a oo N M N v d oo mss^' o oc 15 a rr II z y co ,12 o CK " :� as n o a u a T E-" , ,i L Ct -'444 )1' zium,,,' „,....* .6 a?^- ,te..- - + o E ;, � �,ar—w tx LAt a1, .ate .6 W P tga,p� o V1 di 2 4 y t lfr . m „,"fr." F 1 c �O �' II �,,,;� n. 'gym;` _ d c-. Er X E ip , P' c� T $ y I / 4 ,, Z ,. - .., ct ci, cri i; U s .,! y..arc _ a°. )wr "F>:v, T ► 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. 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 5o 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 1,32 feet to a point; thence South 33o feet; thence West 132 feet; thence North 33o feet to the POINT OF BEGINNING; Subject to a road Right-of-Way over and across the North 3o feet thereof. AND The East 1 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 3o feet thereof,and The West 1/2 of the East 1ofthe SE1ofthe SW1/4ofthe NE1/4,and The West V2 of the Fast Y2 of the SW 1/4 of the SW 1/4 of the NE 1/4,and The West Y2 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 295o 3 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 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 25 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP 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 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 +/-2.20 acres PRESERVE AREA +/-0.82 acres ROADS/ROW +/-1.99 acres DEVELOPMENT TRACTS +/-12.51 acres TOTAL: +/-17.52 acres 4 Pezzettino Di Cielo RPUD Location Map O ao FAIRGROVE WAY BRIGHTLING W• N. l ^°'O �TA�-�5�" D -- TALIS PARK DIN ‘rTrebbioWAY___ .--- pY, ?rat a, 0 cr SUBJECT / 0 cc PROPERTY Sav°"a�qY z HHARDESTY RD ‘14P1/4.1 cn 0 d MEDITERRA BLVD > J V%//Or � esi 14,4 1, aal Q 1 (' o � c w SENEGA WA Y \J coQil 0 co a Monte J CELLINI LN I—rOSS~�o LNl Celebrita CpBUONASERA CT a VETERANS MEMORIAL BLVD rt W wco Fairway CT W �— c 0 0 Q , w d Trophy DR cn -cua .12 < Ne d Aberdeen AVE �o- O Amberwood DR <A. --------\ GO LEARNING LN RAVINA WAY -y Ashford LN WINFIELD LN f 1 Marb`e GI\ GradyMinor 1,100 550 0 1,100 Feet Civil Engineers•Land Surveyors•PlarnerN•Landscape Arehdccls IIIII - 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. 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 Page 1 of 1 t}rad \linor CiiFi 3:ngirrre •tAn€3 Sur,V+ran•Manna •Lanc4scap t\n hiteci. DEC. 9. 2005 4:52PM 3951797 OR: 4160 PG: 1841 RECORDED in OFFICIAL RECORDS of COLLIER COMM, FL 12/28/2006 at 10:10AM DWIGHT E. BROCI, CLERI 1\4RIC FII 35.5 DOC-,70 .TV This instrument%cos prepared Retn: without examination or opinion CHBPFT PASSIDOMO IT AL of title by and return to: 821 5111 AVE S 1201 William J.Dempsey PULES FL 34102 Chefy Passidorno Wilson&Johnson,LLP S21 Fifth Avenue South Naples,Florida 34102 (239)261.9300 (Spam■1Y,vn et,k flew•far reclm3in`d.n) LANDSCAPE BUFFER EAST THIS LANDSCAPE BUFFER EASEMENT, granted this ../ day of ,2006,by Long Bay Partners,LLC,a Florida limited liablOq company,sad Medlterra Coney Aaaodadon,Inc.,a Florida not-for-grout corporation,collectively Grantor,to Distinctive Residential Development at Livingston, LLC,a Florida limited liability company,Stssawor-sadau4ps,as Gramme_ wiTNESSETIL That the Gr tr •.,..L.IttrAkillIM of ten dollars ($10.00) and other valuable consideration paid by the a receipt of which is1'4C'Ilew8odged, hereby conveys, grants, bargains and sells unto the Cmnre, ; ;• and assigns, a nonexchistve and perpetual surface and sub- surface easement for the purpose tmf�, lan4 caping and elated haprovctr�cnts (u 1uding�7�w,ithoyu�t limitation trees, , • ir, • 04) bettingGrimm, �',systems, i�� s��, and related utilities)iii .'r• • - -�. ,. . 4, , - Gr iso,whic1�approval�not be unreasonably withheld,conditol nedlll r on, , \t*following deserted and depicted lands being located in Collier County,Fl az ,itten `i' ` i attached Exhibit"A"'•'«J •orated f hreei��, by, encs (here called r iasen eatAtel")• TO HAVE AND TO HOLD the -. granted unto and for tte;b�en48t of Grantee and its assigns,together with a right of ingress and egress to - t�sai4 land to m# ,thement,winch easement and right shall be appurtenant to and rum with the Ota atee laaaid it%"BB,"attached hereto and incorporated herein by reference,and shall be binding an and mance to -?bine and Graattor's snecessor(s)in tide to the Easement Area. PROVIDED, HOWEVER, that Grantee shall have responsibility for maintenance of the easement area and landscaping improvements installed or constructed thereupon on, therein; that Grantee covenants and agrees to indemnify and hold harmless Grantor from any loss, damage, n my,liability,or claim asserted by any person or entity arising out of Grantee's unprovenxmt,entry upon,or use of the Eaaemtnt Area;and that Grantee shall obtain the prior approval of Grantor of any substantial variation in use of the Easement Area prior to such use. IN WITNESS WHEREOF,the Grantor has caused these presents to be executed the date and year Bust above written. Grantor: WITNESSES: Long Bay Partners,LLC, a Florida limited liability company 109 By: Ant 4-41Lai • Name: t••, . i .41404/4 Ti . 4%42 1/D<< DEC. 9. 2005 4:52PM N0. 4115 P. 4/5 OR: 4160 PG: 1842 Landscape Buffer Easement Page 2 Mediterra Community Assedation, Inc., a Florida not-for-profit corporation WlTNBSSES: ' GikLBy. . Print N.; ' s Tide ' • 71 State of at.,.le, ) Count!of L.s- ) The foregoing t was acknowledgedpersonally before this_F day of 1St uc t,s( ,2006, by 'adi.q Cel. (.. k..4.4.sevs, , as Vb2ti.4.6-x T of Long Bay Partners,LLC,a Florida limited liability company, who is personally known to me or who has produced f fr as identification. ,j SALLY 1.111ACKMORt.. .r' �-- . ( r _ /11.4.A4,--_ ' -�,;'�, • Notary pubic-Sia s ; `•tl- ' Y�`1 .t • • rte • ��' �J _"_" / ,\., = Commission,*015'7014 My • expires: f L tw.lA.e.�r>r,3o orf � 4 � .,,,. I � �_ ,._._-_�. ;�.. N, Ni I State �. . _._ *— — w. County of ..es_ ) ,� :i f `"9, '177-1 :0:16 "'` F It The forego '� t'was ••• ,.r pq 0y 4 ,Ilsy, u st ,2006, `�wi.,. e - :, of .t -ri-COmmuoltrAtaodatton,Ino., a by _The In , Florida no�for-profit ' n, who is pens known t /me or who has produced co-7 s �` i .. :..tjoo. /„..),, SALLY L +►' � v� (; cel -'--. 4r Nobly Pubic • . No�Y `'f 3 c oSr r'� .' comnwbn i txf'3�, r- t i, ems: Eeh"`" a+, 4�F` bsded�INrlotd • . ��4 1 ACKNOWLEDGMENT OF MAINTENANCE RESPONSIBILITIES The undersigned Grantee hereby acknowledges that it shall have fill responsibility for maintenance of the Easement Area granted hereby, and of landscaping,improvements,facilities and equipment installed,operated, or consnncted thereupon or therein. Distinctive Residential Development at Livingston, ortdaed bllity company WITNESSES: \ .- The0 CrP--,/ BY: — Steven Fitenman,its Managing Member Gr..Li. a Atfi I •?. 55 •. .. . _ . • . %%Ill • T. . WV\ . Q,-• Pos' k' itotto sett otOiC's aSaVe 64S 100/ ISA V*3 1 ) 10411.111 GtCht:Ittlia*Dtta(4. 1101 ..,c l ,111`• **` ) segooi4e":04ts 0 sto u.Os N , i was coet niv \*!***. . , o3votl oseloot,14____,,,,taivslo 0016... 4'..-- 'fite0IP'70001,11 v".-- 1011‘110100001 VI"161106"6° ,,.slows liti wtle. _„joie we. sow y ?wow' Aiii:,t;.. , nesota 31 20t t'. ' ' 60„,osonEwo _404044.4 ..--- - * .004.0- .--- 't. -----•,..„,,,r: /, \,/,---- '‘,.-.,,,, \ \ , \ 1 / ----- - \ II \ ‘f - -ck i \ez,-,- :- '''4,\ 4 \ ,,-1. \ 'CV). mii, r i :i ,,,-rNi 1 \ 0 1# ,. '1 / ,...- , \ i.'-',.,t i ,-, \ „,-, -i,i -,„„....;/ ...../i /.[ / - , ,, \.,..t.','s\ 7; ,/ , \ ----;:,1‘q-- ------ 1---; r-, ______ ...-- _ . .„_-- DEC. 9, 2005 4:52PM • OR: 4160 PG: 1844 *** c,.. 1 SKETCH OF DESCRIPTION DES R1PA01t of a 10 foot 'Oda Lardsoops Buffor Easement lfrp fn the Southpeet 1/4 of the Northeast 1/4 of S.ctlan LZ Tour 441 South. Rang. 25 Eget h Collar Carr Mort* and being more particularly dMwlbed as Mows Corrwnarae at the North 1/4 Corny of Si.. 12 Trp. 48 S. Rya 25 E, Collor County, Rrtdca drones S00,1'10T. 1/4 the Southwest 1he Math-South/4 a 1974.98 SS...therm*fret for 55200 feat three N.the 0031'101E.of ong Lb.•sec Easterly Right-of-Nhy lino of LA4voeton Rood. for.k00 /b.4 for a POINT OF AEti71114 thence Ne854J0T, along the North lbs of 30 hot resoled for road R7 f-oto-Nbs 1109.44 fart; teens SOC>53'38'E. along the Eat Gins of . the Mat 1/2 of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of cold Soo. 12.. for 1187.34 foot; thane 18851'44V. long the South lire of the the Southwoot 1/4 of the Northeast 1/4 of said Sec 12. for 1109.94 feet thence 50031'10 , *hog the Embody t-ole-Ntry the of LNingstan Rood ftr MOO feet; thence by the twee following lines~sum, 1400 Not�y fan the North, East and South lhee (rospoct sly) of Trott 'A; Ahdlt.rla Phase Tena East Wit Cne, occardhp to tho plot thwof Rscrded it Plot gook 44 Poon 59 Waugh BR of lino P11bflo Records of Collor Counts flarld4; (1.) N.Od'J144T. for 1719.94 t..t; thew a)ti.005.nerIE feet Mb. for 111944 thaw so?50E. along the rooter Right-of-NV � aoR I1200 to lof p Sublsot to reeerwtlwrs. .a.wnent. and restrictions of rowed GENERAL Naris: 1 PA.C. indicates-ea-0f 2 P.0.o. indente_ 4;:x.,,....1- i • / `_ 'nese a'f sootkn 1 3 Soc. .�- ?,:", iii ,,t ne w.n cut - s.ota� 1d. 4 Trp. 'Towne* � fret Oa*44 �3d-u rereof \ �a n,r d AlLaos feet and decimals th-SOu 1t4 Seq. M». i see 12. Tres RE:r b�iing ocrsi_ ar, pK Not. • ; w, Proposed 10 LRE 10- i..� 't \ "- S _1E10D' 1 .-1•I •ai.etett•i_.. — - �.-i' i K !pit' j4ofd 1 efiN2 1/4 f1E Y'V . Ott .. •;, !�' i+ f 1/ ri, fit, + ` __ �' t ._i /J \...�: * F, .,..t\ t ' • - '-144t. .' 1 i li ' ii. A A a -.., 2 ._,_, . • "z“:2 - 1-7,.:,k • g ------ . 6 Is o�� % r �Fiv3 ! r t ,, .:zff $Sai fly 1 Tor Parent 132 smith ctill of s K 1/4 a;Le 1/4 / i S 51'44' if 1109194' ► ._ - - i;r.. ; - 1i. , 10' LAE S°EXE r/` ,drags Malt 1l+f Z we NOT A SURVEY rat owe 44Port f. ir L TRIGO & ASSOCIATES, INC. DATE : , soot.. 01, 2005 AL LAND SONTITON3 E 11iPLUMS pRAWN 9Y: �� _ %ALE: N.T.S. 2223� 0 SHEET ? OF FlLE NO. mss ? LAND 3041060 OR: 3103 PG: 2950 UCOIDID is OFFICIAL UCOIDS of COLLIIN COM , FL > Return to: 01/05/2002 at 03:10PN KIM I. 11001, CLIIA CONS 10,10 Ile FIN 11.31 David L.Wilms,Eq. DOC-.70 ,r0 WINDELS MARX LANE&MITTENDORF,LIP 3461 Bonita Bay Blvd.,Suite 221 tat' Bonita Springs,Fkxida 34134 'INDUS 101 IT AL EASEMENT 3401 BONITA NAT BLVD 1221 IOIIiA SFMIMS FL 34134 Tins INDENTURE,made and executed this c/*' day of 6.'01 01 ,204 by and between LONG BAY PARTNERS LLC,a Florida limited liability company(hereinafter"Grantor"), 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 Ten 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 nonexclushceeasement(hereinafter the"Easement")for ingress and egress purposes over the follo e> viii ri 111 PARCEL ONE ' ,, : The South thirty feet of ithe.SW 1/4 Cic thetNE 1/4 of Section 12, Township 48 S,Range 25/`x,Coliieicotmty,Florida,LS AND EXCEPT the East %of the East Y2 of the EsistWin f t a S ?`/4 of`the NE 1/4 of Section 12,Township 48 South, e 5 z - ` ° . AND PARCELWQ r R 0' �Jr Commencing at the Sa�+�gst corner of the wesjof the Northeast 1/4 of Section 12,Township 48 uth, ' Range 25 East,C' = county,Florida,thence go North 660 feet to a point,dhe 103Fast_ 62 t ' point of beginning,thence continue East 132 feet to a pount th • ' °+, 0"teet to a point,thence West 132 feet to a point,thence North 30 feet to the point of beginning. This Easement shall be appurtenant to the following described property(known hereinafter 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 corner of the 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 *** OR: 3103 PG: 2951 "it North 330 feet to the point of beginning. (ii) The East 1/2 of the East 1/2 of the Southeast 1/4 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 .. 1.201AA____ Is -- e;da. SSaw -,11�1a (Signature)/ tidt;a:ettr F �' Its: , 'rres.s1€rvt Printed Name: _a '' .,_�_, \. o °. -- . ``°Gress: 3451 Bonita Bay Blvd.Ste.202 --- Bonita Springs,FL 34134 rE:\ 7,, (Signature) 1 _ : € — f Printed Name: t<- � '-, STATE OF Ft.Qri d...4.... ' - '\tea `3`, .\�,. COUNTY OF Led_ \\i, it.,--„__�._.. ., a'` N/ The foregoing instrument was acknowledged before me this `'1 ' day of a st 2002.,by 5w LO is. as Vico- Pee s ici t,.."- of Bonita Bay Properties, Inc., a Florida corporation, mana i mber of Long Bay Partners LLC, a Florida limited liability company,who is personal known to me produced as identification. -ta°- �'''Y1'TCa0a (Seal) Notary Public itLies 120k006 Printed Name:_1_.tXt 0m cnots►� ,CcoreMy Commission Expires: j/-//- O. No,Egan November 11 2003 S:\WML&M FILES\Meditena Ckanna of Ess.n nts\HatdestykHudesty easementwpd Page 2 of 2 .e.cx�£Uma✓�seoe� s�wdre,w,o, au- =� 8 i RK e g 0 © 0 0 H 0 0 2 h f wg P. e le O N 0 I 64 Z gi O tl ) F I ls _ __k M W e 6 -a '^ s l' d Im —_1 0 E RE` W w i 43 D 39 1 { 3a oa m u N r '8 4 ,\ o t zg 2.$ 3� N X — 1 711 g Q __ % '� Ii ,! L © _ _ _ eI a o 6 ` e U0.........„ E 5 i k pY€ e Y.. 6e Q 55.1 3 ef f L pike Ig 1 ' 1 -C _ c, /'\ g " \ g-5 ©, it 6 1 zo1 k '5 6 6 e E 6 I ,,i 1 — . E e L--'/ 6 I. IIS il Ee ' [ re g p I F 1 _L 1 i i ill t r i 1-----7—H\ J- o 9 t ti 4 6 q i S g6i Iro ;: .lo• .5> AFFIDAVIT OF COMPLIANCE Petition PDI-PL20160003482, 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 cop of newspaper advertisement which are hereby made a part of this Affidavit of Miz 4 (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this bth day of October, 2017 by Sharon Umpenhour, who is personally known to me or who has produced as identification. reit" Signat E-- of Notary'Public) (Notary Seal) Joanne Janes Printed Name of Notary P B4� JOANNE JANES ` * MY OOMMISS:Oh#FF D9082u EXPIRES:March 14,2018 4,e0F„fps BondedTF,ry Bud etNotary S rvi.o G:\NIM ProceduresfPEZPDI-Affidavit Of Compliance(NIM).Docx GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 6,2017 RE: Neighborhood Information Meeting(NIM) P120160003482, 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, ii _, 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 I Pezzettino Di Cielo RPUD Location Map so FAIRGROVE WAY BRIGHTLING W o1 1. .z) TALfs PARK DR TALIS PARK DI Trebbio WAYS.-- ° prat°WAY, a) cr SUBJECT O ix( Savo z HARDESTY RD PROPERTY na mi y o MEDITER� z p,re�ye –�'\.r BLVD > J Vile oresi pVq 6 Q o SEN�Cq WAY CC CO ) 0nterossoLN Celebrita CT ,BUONASERA CT g- VETERANS MEMORIAL BLVD U f w w Fairway CT to ,-- w >- a ' 0 w co trophy DR V d' Aberdeen AVE o- \ Amberwood DR `LO I LEARNING LN RAVINA WAY — .,� Ashford LN / WINFIELD LN Cl Matbte GCt 0 GradvMinor 1,100 550 0 1,100 Feet _ Cavil Engineers•Land Surveyors•Planner s•Landscape Architects ,II WP 7 fI 3:..+S:.... .e m.a'.......a......a........e$S e...a E E 8 .:51 1 - a i 3 I 11 ii W i i 3 $•.,: 'I,' m s i O G< Jo F¢ s o rriRr G s-3 5 o 0 3 3 5 a 3:o a g'o v g o g _ 5 <�W ____ _ ____ oiiiiiiiiiiiii"n fli - _ a.a i>i i i i a ?a i i F i a i a a --a `<<a <:i i� h i s '<K o o C C:=C C C C C C k k k C a `!s s! 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S .89 O u'u u u u u u u v u u v u u u u m 3 0 0 0 0 0 0 0 0 0 0 0 0' W 3 5 z '.m -os -"O§igz .sW wm F. io ° oo 'iiiiiiiiiiiiiiiiiiiiiiii< `z3o >3 z<..mm. ss9.,s,._ sm4Z��., mmmmmmmmmmmmmmmmmmm'EfiiiiiiiiiiiiiiiiiiiiiiIzmmms, ...^\ >@m1�181"s81111a1.^}g{»m mgig_gg.m„m a'seaa ss1"g _m=° :^@s-m �_a_ 8 §�:asoss a1_8 =$111 1«ss1 Rii ### ###11##11«sem 111 111111 1!!: sa e«ss "s«s«s 1111:11111 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. Bright ing WAY t Falrgrave WAY o p Z © 'I'S Park o �- 5 ,•••••••, o it ebtr+o WO z SUBJECT am��f`'�r PROPERTY ¢ ` z - r Crro Se4`e ars3 Ad ey�a� a ya.� V nsa WAY Cehtrt 0 GB��{1'� i WOtT3 g2_f� Ca11S� L] �N lite ra s memo,sI LtLVUs �ydAY Alarm c:leL1) Gk r Fanaay' 3 � i,o` sa,:ty Lt- _ J+ l F (A S��11j — VerJe AYE '90 najo ' 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 i 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, ACI4,4..k CICI Michael Delate, P.E. 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 1 ' . . . Postal Service' - CERTIFIED MAIL® RECEIPT rl Domestic 114411 Only . rR For de4ivery intorrnati,on,visit out,website at tvww.,u., vu (' ;Certified Fee r.-1 'Extra Sonace$Si Fees fc4e..,if L4K,Add fleirdooph ru ri.sturfl Fieceipk(eaztmniel $ PaStiTiaii< .E3CerMeO Matt rieotoeted Delivery $ Fiore Diotoii Sicmeture $ D Signature Ratt0.1ao. $ 1POStage ru iTotelyeetage arid Feee r-1 $ 640 U") tlett Par-11.-pl_e,-,..7:s.. P I 41 epc,.0.,14 Rot • fr i .)* ,_ PS farm 3S00,Aprit 1S i$t...",;Isee•ekere•ilegt7 - See Reverse its.#1struct!coIls:, • USPS TRACKING# First- ass Mail Postage&Fees Paid IV USPS e 'I Cl 111111 ill' Permit No,G-10 9590 9402` 2440' 249 4247 02 United States •Sender Please print your name,address,and ZIP+e in this box* Postal Service i_ t Shotr.on Limp.nhour„ Q.Grady Minor& PA 3800 Via[el lay Bonita Springs.FL. 1 111Ji�,iiI! iIliftil!h,I.II!,hiI3jhi�li r!iilji11jsrtirir jl SENDER:COMRLE?E THIS SECTION COMPLETE THIS SECTION ON DELIVERY.', N Complete items 1,2,and 3. A. ature c" 0 Agent ■ Print your name and address on the reverse 'fi 4."..1 J ®addressee so that we can return the card to you. m Attach this card to the back of the mailpiece, B;Received by{Printed Name) C.Date of Delivery . or on the front if space permits. 1. Article Addressed to: D.Is delivery eddies c. - - i=.• 0 Yes If YES,enter deli !4 _ .A 9 No Z Orli B4 Pe, NOV 3 0 2017 C'vcari u . .Brady Minor . r' . S r'I t &Associates.. r� 3�ft3S , �.5 )( ({ [j 3. Service Type o Priorly Mail Express® rif� 1 11111111 � 1 i I ©Adult Sig turree Restricted Delivery 0 RegistereditMali Restricted 9690 9402 2440 6249 4247 Citi d Certified MI Delivery °Certified Mail Restricted DeliveryReturn Receipt lot 0 Collect on Delivery Merchandise :Z.-Article-Number-(transfer fromService label) - - 0 Collect on DeliveryReatrlcted,Delivery 0 Signature Confirmation" °Insured Mail Q Signature Confirmation 7 015 1520 0002 1747 2161 °Insured ��Mail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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: Ah"1 ER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Sharon Umpenhour WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER. PL2016.003482, Pezzettino Di Cielo RPUD ' !1 ( j J� qq (1\ Q.Grady Minor and Associates,P.A. } 3800 Via Del Rey SIG ' OF APPLICANT OR AGENT STREET OR P.O.BOX Sharon Umpenhour,Senior Planning Technician Bonita Springs,FL 34134 NAME(TYPED OR PRINTED) CITY, STA FE,ZIP STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 20th day of December,2017, by Sharon Umpenhour, personally known to me or who produced as identification and who did not take an oath. e e %* ' ignature w f Notary Pub s rine Janes Printed Name of Notary Public y�1pRY Po"c JOANNE JANES My Commission Expires: * MY COMMISSION#FF 090820 (Stamp with serial number) nom; '1' . : ,20 ,oP .0 Aonded TEXPIREShru BudgetMarch Notary1dServ18o tcg Rev.3/4/2015 10 ., ir '# ' , " e �^ r . 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