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Agenda 09/09/2014 Item #17C 9/9/2014 17.C. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (AST) to a Residential Planned Unit Development (RPUD) zoning district for the project known as RMC-Enclave RPUD to allow construction of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors on property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2838* acres; and by providing an effective date [Petition:PUDZ-PL20120001981]. OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD rezone petition;and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is asking the Board of County Commissioners (BCC)to consider an application for a rezone from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development (RPUD), to be known as the RMC-Enclave RPUD to allow construction of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors. For details about the project proposal, refer to "Purpose/Description of Project" in the staff report prepared for the Collier County Planning Commission(CCPC). FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN(GMP)IMPACT: Future Land Use Element(FLUE): The subject property is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict, as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relevant to this Packet Page-3175- 9/9/2014 17.C. petition, this designation allows a variety of residential unit types, subject to the Density Rating System, and customary accessory uses;and,non-residential uses, including senior group housing uses—the uses proposed in this PUD. Under the FLUE's Density Rating System, the project is eligible for a maximum density of 4 dwelling units per acre(DU/A). The applicant proposes 114 DUs,yielding 4.00 DU/A. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. 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. [Exhibit C, PUD Master Plan,depicts direct access to Livingston Road,classified as an arterial road in the Transportation Element. All development within this PUD will have internal access to this road.] 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 need for traffic signals. [Exhibit C, PUD Master Plan, depicts an access road that will potentially run through the entire project from Livingston Road to Learning Lane.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, PUD Master Plan, depicts a potential future roadway interconnection to Learning Lane on the southern property boundary, contingent upon approval from the Collier County School District— the owner of this roadway. The PUD Master Plan does not depict interconnections with abutting properties to the north, east and west of the site. The western property boundary is adjacent to the developed North Naples Middle School site and the proposed on-site preservation area within the subject project; and, a portion of the southern boundary and the eastern boundary abut the preserve and lake areas of the Grace Romanian Baptist Church PUD. However, interconnections to these properties east and south (Grace Romanian Baptist Church PUD) and west of the subject site do not appear to be feasible. The northern boundary abuts an undeveloped,Agricultural zoned tract; an interconnection to the north appears to be both Packet Page-3176- 9/9/2014 17.C. practical and feasible. This same property abuts Veterans Memorial Blvd. and Livingston Rd. and it is assumed that the site will have access to both roadways. It appears that this site would have limited benefit to have an interconnection to the subject site. However, it would appear that the subject site may benefit from an interconnection to the site to the north for access onto Veterans Memorial Blvd. — which has a signalized intersection at Livingston Road. Accordingly, a "potential future interconnection" to the property to the north should be identified on the Master Plan and a commitment to negotiate an interconnection to the site to the north should be added to Exhibit F of the RPUD.] (NOTE: This was not supported by the CCPC recommendation.) 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 PUD allows for a variety of dwelling unit types; and, provides for open space and preservation areas, consistent with the Land Development Code(LDC).] Based upon the above analysis, the proposed RPUD is consistent with the Future Land Use Element. However, the applicant is requested to show a "potential future interconnection" on Exhibit C, RPUD Master Plan; and, include a commitment to negotiate an interconnection with the site to the north within Exhibit F,as noted above. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this amendment within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The CCME (and LDC) requires 25% of the 28.08 acres of native vegetation on-site to be preserved. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC/EAC heard this petition on July 17,2014, and found that the criteria of Section 10.02.08.F (formerly 10.03.05.I) and 10.02.13.B.5 were met. By a vote of 6 to 0 (Commissioner Rosen was excused), with the motion made by Commissioner Ebert and seconded by Commissioner Packet Page-3177- 9/9/2014 17.C. Homiak, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to the PUD document: 1. Exhibit A: Remove several uses from the Accessory Use list as they are permitted by right or required by other regulations, and renumber the remaining uses. 2. Exhibit A: Revise Accessory Uses to include buffering, wall and setback requirements. 3. Exhibit B: Revise the Minimum Front Yard Setback Footnote #1 to show it is applicable in all but multi-family and group housing areas. 4. Exhibit B: Revise the Minimum Distance Between Structures for N/A to 12 feet (principal and Accessory). 5. Exhibit B: Revise the Minimum Side Yard Setback for Single-family zero lot line to 0'/6'. 6. Exhibit B: Revise the Minimum Rear Yard Setback,to require landscape buffering and/or Lake Maintenance to be located in separate easements. 7. Exhibit C: Remove the maximum number of dwelling units from the Master Plan. 8. Exhibit C: Revise the Master plan to show the different access point. 9. Exhibit F: Revise Commitment#1 Utilities language. 10.Exhibit F: Add a new Commitment #3 regarding Transportation, and renumber the remaining Commitments. These revisions have been incorporated into the PUD document that is included in the draft ordinance. No opposition to this petition has been received. The CCPC vote was unanimous; therefore the petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as RMC-Enclave RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as Packet Page-3178- 9/9/2014 17.C. they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create �-. types of traffic deemed incompatible with surrounding land uses, because of peak Packet Page-3179- 9/9/2014 17.C. volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core"question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) Packet Page-3180- 9/9/2014 17.C. RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approves the request subject to the attached PUD Ordinance that includes both the staff's revised recommendation and the CCPC recommendation. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division,Planning and Regulation Attachments: 1) CCPC Staff Report 2) Neighborhood Information Meeting Synopsis 3) Application Backup Information due to the size of the document it is accessible at: http://www.colliergov.net/ftp/AgendaSept914/GrowthMgmt/Application for RMC Enclave RPUD .pdf 3) Ordinance Packet Page-3181- 9/9/2014 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in.Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended,the Collier County Land Development Code which established the comprehensive zoning regulations for the unincorporated area of Collier County,Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural District(A)and Rural Agricultural District within a Special Treatment Overlay(A-ST)to a Residential Planned Unit Development(RPUD)zoning district for the project known as RMC-Enclave RPUD to allow construction of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors on property located in Section 13, Township 48 South,Range 25 East,Collier County,Florida,consisting of 28.38±acres;and by providing an effective date [Petition: PUDZ- PL20120001981]. Meeting Date: 9/9/2014 Prepared By Name: deselemkay Title: Planner,Principal,Zoning&Land Development Review Approved By Name:puigj Title: Operations Analyst, Community Development&Environmental Services Date: 08/12/2014 01:45:09 PM Name: bellows_r Title: Manager-Planning, Comprehensive Planning Date: 08/12/2014 02:34:05 PM Name:bosimichael Title:Director-Planning and Zoning,Comprehensive Planning Date: 08/12/2014 02:47:00 PM Name: ashton_h Title:Managing Assistant County Attorney,CAO Land Use/Transportation Date: 08/21/2014 09:39:37 AM Packet Page-3182- 9/9/2014 17.C. i-. Name: marcellajeanne Title:Executive Secretary,Transportation Planning Date:08/21/2014 10:15:31 AM Name: klatzkowjeff Title: County Attorney, Date: 08/21/2014 02:53:50 PM Name:markisackson Title:Director-Corp Financial and Mngmt Svs,Office of Management&Budget Date: 08/21/2014 03:46:25 PM Name:EdFinn Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date:08/21/2014 05:57:52 PM Name: ochs_l Title: County Manager,County Managers Office Date: 08/25/2014 03:08:39 PM Packet Page-3183- AGENDA Imo 9- . 9/9/2014 17.C. Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION–PLANNING&REGULATION HEARING DATE: JUNE 6,2014 SUBJECT: PUDZ-PL20120001981;RMC ENCLAVE RPUD PROPERTY OWNER&APPLICANT/AGENT: Property Owner/Applicant: Agents: Enclave–Livingston LLC Q. Grady Minor&Associates Cheffy Passidomo,P.A. 1055 Crosspointe Drive 3800 Via Del Rey 821 Fifth Ave S Naples,FL 34104 Bonita Springs,FL 34134 Naples,FL 34102 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development (RPUD) zoning district for the project known as RMC-Enclave RPUD to allow construction of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors. For details about the project proposal,refer to "Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 28.38± acres, is located on the west side of Livingston Road, approximately 1,300 feet south of the intersection of Veterans Memorial Boulevard and Livingston Road, Section 13, Township 48 South, Range 25 East, Collier County, Florida, (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a rezone to allow development of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors. There shall be no mixing of the residential dwelling units with the group housing units. The Master Plan shows one access point onto Livingston Road, and a possible interconnection onto Learning Lane. 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The site is currently undeveloped so there are no existing structures to be shown. The applicant is seeking approval of one deviation(see deviation discussion for more detail.) SURROUNDING LAND USE AND ZONING: North: Undeveloped with a zoning designation of Agricultural (A) East: Livingston Road and the Grace Romanian Church of Naples PUD, undeveloped with a zoning designation of PUD South: Learning Lane, then, land developing as Camden Lakes, with a zoning designation of the Royal Palm International Academy PUD West: North Naples Middle school,with a zoning designation of A Got Sp-l� d - _ �`L> i 1 a"�G ,. L_t_t) t: onase• 1-- _ -,V,eter-ans-M,emor-,ah•Blvd. r � , i ire a 1 tea G" Qom !C e N ly 4,P Property `` r• o I -": -----'-- L-Le driimy-t_Ero@o-----.,. - ' '''.--:=4,si.v17.a.7&,.P- ' To � 1 C aj _ ---- r- -Entradta•Ave , 0. rN'' 6 i 1 _ •„ a 10 1 <. ,,i1 `'' • Aerial Photo (subject site depiction is approximate) PUDZ-PL20120001981;RMC Enclave RPUD Page 2 of 12 June 6, 2014 CCPC Revised: 5/15/14 Packet Page-3187- 9/9/2014 17.C. GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District,Urban Residential Subdistrict,as depicted on the Future Land Use Map(FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relevant to this petition, this designation allows a variety of residential unit types, subject to the Density Rating System, and customary accessory uses; and, non-residential uses, including senior group housing uses—the uses proposed in this PUD. Under the FLUE's Density Rating System, the project is eligible for a maximum density of 4 dwelling units per acre (DU/A). The applicant proposes 114 DUs,yielding 4.00 DU/A. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover,Kohl&Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. 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. [Exhibit C, PUD Master Plan, depicts direct access to Livingston Road, classified as an arterial road in the Transportation Element. All development within this PUD will have internal access to this road.] 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 need for traffic signals. [Exhibit C, PUD Master Plan, depicts an access road that will potentially run through the entire project from Livingston Road to Learning Lane.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, PUD Master Plan, depicts a potential future roadway interconnection to Learning Lane on the southern property boundary, contingent upon approval from the Collier County School District — the owner of this roadway. The PUD Master Plan does not depict interconnections with abutting properties to the north, east and west of the site. The western property boundary is adjacent to the developed North Naples Middle School site and the proposed on-site preservation area within the subject project; and, a portion of the southern boundary and the eastern boundary abut the preserve and lake areas of the Grace Romanian Baptist Church PUD. However,interconnections to these properties east and south (Grace Romanian Baptist Church PUD) and west of the subject PUDZ-PL20120001981;RMC Enclave RPUD Page 3 of 12 June 6,2014 CCPC Revised: 5115/14 Packet Page-3188- 9/9/2014 17.C. .-� site do not appear to be feasible. The northern boundary abuts an undeveloped, Agricultural zoned tract; an interconnection to the north appears to be both practical and feasible. This same property abuts Veterans Memorial Blvd. and Livingston Rd. and it is assumed that the site will have access to both roadways. It appears that this site would have limited benefit to have an interconnection to the subject site. However, it would appear that the subject site may benefit from an interconnection to the site to the north for access onto Veterans Memorial Blvd. — which has a signalized intersection at Livingston Road. Accordingly, a "potential future interconnection" to the property to the north should be identified on the Master Plan and a commitment to negotiate an interconnection to the site to the north should be added to Exhibit F of the RPUD.] 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 PUD allows for a variety of dwelling unit types; and, provides for open space and preservation areas,consistent with the Land Development Code(LDC).] Based upon the above analysis, the proposed RPUD is consistent with the Future Land Use Element. However, the applicant is requested to show a "potential future interconnection" on Exhibit C, RPUD Master Plan; and, include a commitment to negotiate an interconnection with the site to the north within Exhibit F,as noted above. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this amendment within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The CCME (and LDC) requires 25% of the 28.08 acres of native vegetation on-site to be preserved. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to PUDZ-PL20120001981;RMC Enclave RPUD Page 4 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3189- 9/9/2014 17.C. as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its-action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the PUD submittal, including the PUD document to address environmental concerns. The PUD Master Plan provides 7.02 acres of Preserve,which meets the minimum Preserve requirement of 7.02 acres. This project does not require and Environmental Advisory Council (EAC) review, as this project does not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and n densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Historic &Archeological Preservation Board: At the March 19, 2014 meeting the board voted 4 to 0 to accept the findings presented in the Cultural Assessment that the subject parcel did not contain any known or significant cultural resources. Zoning staff is of the opinion that this project will be compatible with and complementary to,the surrounding land uses. The land to the north is undeveloped A zoned land. To the east is the Grace Romanian Church site, which is undeveloped. To the south is a developing residential project, Camden Lakes. To the west is the North Naples Middle School. Staff does not foresee any incompatibility issues that could arise from development of this site as proposed. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. The deviation is listed in PUD Exhibit E. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or PUDZ-PL20120001981;RMC Enclave RPUD Page 5 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3190- 9/9/2014 17.C. redevelopment of relatively large tracts of land under unified ownership or control. PUDs. . . . may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from LDC section 50.05.04.D.1, Group Housing, which establishes a maximum Floor Area Ratio(FAR)of 0.45 for group housing to permit a maximum FAR of 0.6. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increase the total square footage of the structure; therefore, increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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." FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 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. Staff is of the opinion that the proposed uses are compatible with the approved uses and existing development in the area. In addition, the proposed property development regulations provide adequate assurances that the proposed project will be suitable to the type and pattern of development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may PUDZ-PL20120001981;RMC Enclave RPUD Page 6 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3191- 9/9/2014 17.C. relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 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. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses,development standards and developer commitments will help ensure that this project is compatible with the surrounding area. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP FLUE and Transportation Element consistency review, if the mitigation proposed by the petitioner is included in any approval recommendation. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUDZ-PL20120001981;RMC Enclave RPUD Page 7 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3192- 9/9/2014 17.C. .-. 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. The petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts(LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviation can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements 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." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Rezone Findings: LDC Subsection 10.02.08 F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 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. Staff is recommending that this project be found consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development and with all other applicable policies of the GMP if the companion GMPA is adopted. 2. The existing land use pattern; Staff has described the existing land use pattern in the"Surrounding Land Use and Zoning" portion of this report and discussed it in the zoning review analysis. Staff believes the proposed rezoning is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance,but staff does not support all of the deviations. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone would not create an isolated zoning district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn since the zoning boundary mirrors the existing property boundary for the contract purchaser. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. PUDZ-PL20120001981; RMC Enclave RPUD Page 8 of 12 June 6,2014 CCPC Revised: 5/15114 Packet Page-3193- 9/9/2014 17.C. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes, and the proposed rezoning is being requested in concert with a request to amend the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in Exhibit F, is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore, the proposed change should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations provide adequate setbacks and distances between structures; therefore the project should not significantly reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value.There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties to the north of this property are zoned PUD but remain undeveloped with the uses that would be allowed by that zoning. Rezoning this property to a PUD district seems PUDZ-PL20120001981;RMC Enclave RPUD Page 9 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3194- 9/9/2014 17.C. appropriate and allows for the interconnection shown on the PUD Master Plan. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan, if the proposed amendment is adopted, which is a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact,the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously,the proposed rezone boundary follows the existing property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, staff has evaluated the appropriateness of this particular zoning petition. There are other sites in Collier County that would allow the proposed uses; however the proposed uses are also appropriate at this location as well. The petition was reviewed on its own merit for compliance with the GMP and the LDC. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 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. PUDZ-PL20120001981;RMC Enclave RPUD Page 10 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3195- 9/9/2014 17.C. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal,state,and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 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 The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): The agents conducted a duly noticed NIM on April 24,2014. Please see attached copy of notes. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on May 13,2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission approve this petition, with the stipulation that the applicant revise Exhibit C, RPUD Master Plan to show a`potential future interconnection," and include a commitment to negotiate an interconnection with the site to the north within Exhibit F, as noted in the GMP discussion. PUDZ-PL20120001981;RMC Enclave RPUD Page 11 of 12 June 6,2014 CCPC Revised: 5/15/14 Packet Page-3196- 9/9/2014 17.C. PREPARED BY: k e.5/1?/1 KA DSELEM,AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: Cr: 5-/S- RA V. BELLOWS,ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING MIKE BOSI,AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: t/041 S "AS '471 GUID AD I IS 1.,',47-0 i DATE GROWTH MANAGE I' ®IVISI C Attachment: NIM transcript This petition will has been tentatively scheduled for a September 9, 2014 BCC hearing PUDZ-PL20120001981;RMC Enclave RPUD Page 12 of 12 June 6,2014 CCPC Revised: 511514 Packet Page-3197- 9/9/2014 17.C. 1 1 2 TRANSCRIPT OF THE 3 NEIGHBORHOOD INFORMATION MEETING 4 FOR RMC - ENCLAVE MPUD 5 6 April 24, 2014 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 JOHN PASSIDOMO, ESQ. �� 13 KAY DESELEM 14 15 16 17 18 19 20 21 22 23 24 25 Packet Page-3198- 9/9/2014 17.C. 2 1 MR. ARNOLD: We'll get started if -- unless 2 you have a neighbor that you know is on their way 3 and we'll wait a few more minutes. 4 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 5 MR. ARNOLD: Okay. Well, welcome, everybody. 6 My name is Wayne Arnold and I'm a planner with 7 GradyMinor & Associates, and we're required to tape 8 the meeting by county requirements. So Sharon 9 Umpenhour from our office, who you received our 10 letter from, if you received a letter, will be 11 recording the meeting. 12 John Passidomo, to my right, is our land use 13 attorney working on the project. And now here 14 tonight we have a traffic engineer that's on our 15 team, Jim Banks, from J&T Transportation, and 16 Pascarella & Associates is our environmental 17 consultant that's helping us on the project. 18 The property in question is about 28 acres. 19 It's outlined on the aerial up here and it's north 20 of the Learning Lane traffic signal on the west 21 side of Livingston Road. 22 Obviously, it's a vacant piece and we abut 23 both schools on two sides and then the property 24 immediately to our north is Diocese of Venice 25 property that's zoned agricultural and uncommitted, Packet Page-3199- 9/9/2014 17.C. 3 ,•"-■ 1 and then our nearest neighbor, it's undeveloped, is 2 the Grace Romanian Baptist Church. 3 So that kind of gives you a little bit of 4 orientation. I've got another exhibit that has -- 5 I'm not sure where each of you live, but it's got 6 some of the zoning designations and project names 7 on it, so maybe get a better orientation of how you 8 relate to where we are. 9 But we're proposing an access point on 10 Livingston Road. There's already been a stub out 11 to -- most of you are familiar, I'm sure, with 12 Livingston Road, and it's going to align across 13 from the proposed fire station that's under 14 construction. So that's kind of where we are in 15 the world. 16 And the process -- maybe I'll just explain a 17 little bit about the process we're under. We're 18 rezoning the property from its agricultural zoning 19 to a planned unit development and we're requesting 20 a couple different development options. One is for 21 a conventional residential community of up to 114 22 residences, or we have a development option for 350 23 senior housing units of a variety of types we've 24 built in. We don't -- don't know yet. 25 We've been talking to both homebuilder Packet Page-3200- 9/9/2014 17.C. 4 1 providers and senior housing providers, but we're 2 making provisions for both of those in our zoning 3 document. 4 We've had one round of sufficiency review from 5 the county, and after that review, we're eligible 6 to post our neighborhood meeting and share with the 7 community what we're trying to do. So we're in the 8 review process, and we have some very tentative 9 hearing dates that are set into June and September 10 for Planning Commission and the Board, because the 11 Board takes a recess in all of August, and they 12 only have one meeting in July, so very likely we'll 13 carry forward into the fall and the September 14 timeframe for our final zoning hearing on the 15 project. 16 As part of the process, we're required to 17 develop a conceptual development plan, and this 18 highlights in beige the proposed development tracts 19 that would support either the residential or the 20 senior housing. 21 The access point, again, we show on Livingston 22 Road, aligning across from the North Naples fire 23 station. And we show a proposed interconnection on 24 Learning Lane to the south, which is -- the county 25 comprehensive plan suggests that you have an Packet Page-3201- 9/9/2014 17.C. 5 "•—\ 1 interconnection with adjoining properties, and not 2 knowing who our neighbor is going to be to the 3 north with the Diocese, we're showing a proposed 4 connection to Learning Lane. 5 We don't know if that's going to happen or 6 not. That road is controlled by the School 7 District of Collier County and our neighbors to the 8 south, that are part of the Royal Palm Academy, had 9 to go and try to negotiate an access agreement with 10 them, and it's difficult. They like to control 11 their roads that access their school. So we may or 12 may not be eligible to get that, but we are making 13 provisions for it so we don't have to go back 14 through a zoning process if we don't show it now. 15 UNIDENTIFIED MALE VOICE: I have a question 16 for you there. 17 MR. ARNOLD: Sure. 18 UNIDENTIFIED MALE VOICE: Royal Palm is not 19 the owner of that property anymore. I believe it's 20 Pulte. 21 MR. ARNOLD: That's correct. Pulte owns that 22 property. 23 UNIDENTIFIED MALE VOICE: Okay. And Pulte 24 already has the rights to use Learning Lane. So 25 where would your point of entry be onto Learning Packet Page-3202- 9/9/2014 17.C. 6 1 Lane? 2 MR. ARNOLD: Ours would be -- 3 UNIDENTIFIED MALE VOICE: Opposite where 4 Pulte's is or -- 5 MR. ARNOLD: No. Ours -- theirs is closer to 6 Livingston Road. Ours would be proposed to be 7 closer to the middle school. 8 UNIDENTIFIED MALE VOICE: To the gate, where 9 the gate is? 10 MR. ARNOLD: Well, the gate is right here at 11 the middle school entrance, right. 12 UNIDENTIFIED MALE VOICE: Right. 13 MR. ARNOLD: It would be near that property 14 line. 15 UNIDENTIFIED MALE VOICE: Okay. Just a word 16 of caution that I want to give you is that already 17 it's starting to be a very large intersection 18 because of only two lanes exiting out of Learning 19 Lane and I believe Pulte is going to have 150 or 20 more units in there and there's nothing set for the 21 back portion of Pulte's property where there was 22 supposed to be duplexes in the future, meaning 23 condos or something. 24 MR. ARNOLD: Okay. 25 UNIDENTIFIED MALE VOICE: I don't know if Packet Page-3203- 9/9/2014 17.C. 7 �\ 1 that's in the makes or whatever, but I know that 2 there's an area dedicated to that back in the -- 3 where you see the school field, opposite the school 4 field. 5 MR. ARNOLD: Uh-huh. 6 UNIDENTIFIED MALE VOICE: Okay. 7 MR. ARNOLD: Over here? 8 UNIDENTIFIED MALE VOICE: No. In the gray -- 9 in the green area that says Royal Palm Academy 10 zone. 11 MR. ARNOLD: Okay. 12 UNIDENTIFIED MALE VOICE: No, before the -- 13 after the orange. 14 MR. ARNOLD: This? 15 UNIDENTIFIED MALE VOICE: Right there. 16 MR. ARNOLD: Uh-huh. 17 UNIDENTIFIED MALE VOICE: That's where, I 18 believe, that there may be some talk of having that 19 type of condominium behind the single family homes. 20 And I, for one, have to cross the street when I 21 drop my son off because all the students there are 22 not allowed bus privileges because of this 23 closeness between -- 24 MR. ARNOLD: Right. 25 UNIDENTIFIED MALE VOICE: -- Milano, et Packet Page-3204- 9/9/2014 17.C. .-� 8 1 cetera, and I find it difficult, once there's 2 traffic, I would have to stop and everybody would 3 not be able to make that right-hand turn, even 4 though it's legitimately by the Commission. I 5 spoke to the commissioner, where it's an 6 (indiscernible) turn is only needed, but it's -- 7 it's only needed, but you can't make the turn when 8 there's a bus there, and with another hundred 9 something homes, besides another 150 homes, if 10 they're using that access point, I think there 11 might be a bit of a problem with these -- the 12 zoning for the commercial end of it. 13 I just wanted to let you know. That's all. 14 MR. ARNOLD: I'm just not certain that -- we 15 don't know whether or not (indiscernible) . 16 UNIDENTIFIED MALE VOICE: I understand. I 17 understand that, but just something to keep in 18 frame in mind. 19 UNIDENTIFIED MALE VOICE: Is there going to be 20 a light on your Livingston exit? 21 MR. ARNOLD: No, sir. It's directional left 22 in (indiscernible) northbound, directional left in, 23 and then right in, right out southbound. 24 UNIDENTIFIED MALE VOICE: It could go both 25 ways? Packet Page-3205- 9/9/2014 17.C. 9 1 MR. ARNOLD: Yes. 2 UNIDENTIFIED MALE VOICE: Okay. So -- 3 MR. ARNOLD: No, you can't make a left out and 4 go north. 5 UNIDENTIFIED MALE VOICE: Oh, you -- no, you 6 have to go and then make the turn? 7 MR. ARNOLD: You have to -- that's correct. 8 UNIDENTIFIED MALE VOICE: The fire department 9 is not going to have the ability to go both ways? 10 MR. ARNOLD: They will. Their median will be 11 mountable for their fire apparatus, but will not be 12 allowed to use it as a full opening. 13 UNIDENTIFIED MALE VOICE: Oh, it would be for 14 authorized personnel only type thing? 15 MR. ARNOLD: Uh-huh. 16 UNIDENTIFIED MALE VOICE: Okay. Because to 17 also bring to your attention, not only us coming 18 out on the opposite end of that, there already is 19 another plan -- where it says zoned for 20 agricultural -- 21 MR. ARNOLD: Uh-huh. 22 UNIDENTIFIED MALE VOICE: -- on the opposite 23 of -- no, no, on the other side of the street. 24 MR. ARNOLD: Okay. 25 UNIDENTIFIED MALE VOICE: Not for Horton Packet Page-3206- 9/9/2014 17.C. �-. 10 1 (phonetic) , but for where you see zoned for 2 agricultural. 3 MR. ARNOLD: All of this? 4 UNIDENTIFIED MALE VOICE: Yes. That property 5 is sold and they're trying to get an easement off 6 our entrance to come out the same way as we come 7 out and they're looking to cut through our island 8 to get into their property (indiscernible) because 9 they're land locked. 10 So I'm just letting you know what's in store 11 for the future. 12 MR. ARNOLD: I appreciate it, yeah. 13 UNIDENTIFIED MALE VOICE: All right. 14 MR. ARNOLD: Thank you. Well, I'm happy to 15 take other questions. I might as well. I mean, 16 it's a -- it's a fairly straightforward request at 17 this point. 18 Yes, ma'am. 19 UNIDENTIFIED FEMALE VOICE: Do you have any 20 copies of that that you can hand out? 21 MR. ARNOLD: This? 22 UNIDENTIFIED FEMALE VOICE: That whole map 23 showing the sections -- 24 MR. ARNOLD: I don't, but if you wouldn't mind 25 leaving your e-mail address with Sharon, if you're Packet Page-3207- 9/9/2014 17.C. 11 1 e-mailable, we'll send you a PDF of it. 2 MS. UMPENHOUR: I have a business card back 3 there on the table. 4 UNIDENTIFIED FEMALE VOICE: Okay. 5 MR. ARNOLD: Be happy to send you a PDF of 6 that exhibit, sure. 7 UNIDENTIFIED FEMALE VOICE: Okay. 8 MR. ARNOLD: Anybody else? Questions? 9 UNIDENTIFIED MALE VOICE: What is most likely? 10 Is it -- is it single family housing or the adult 11 -- at this point? 12 MR. ARNOLD: I don't think we know. 13 UNIDENTIFIED MALE VOICE: You don't. 14 MR. ARNOLD: I mean, I wish we did. I just 15 don't. I know that there's been interest from a 16 lot of homebuilders, there's been interest from 17 several senior housing providers. And there's 18 nobody under contract at the moment. 19 UNIDENTIFIED MALE VOICE: Now, what is the 20 timeline between permitting and breaking ground at 21 this point? 22 MR. ARNOLD: It's hard to say. We're -- we're 23 almost ready to submit for an environmental 24 resource permit with the South Florida Water 25 Management District, and it's a joint permit with Packet Page-3208- 9/9/2014 17.C. • • 12 1 the Army Corps of Engineers. And that process 2 takes, you know, probably nine to 12 months, 3 depending on how many issues they may have with it. 4 We think we're setting aside good quality wetlands, 5 but we don't know until we get into the process. 6 UNIDENTIFIED MALE VOICE: Okay. 7 MR. ARNOLD: But that's probably a year away 8 and it will occur sometime after we obtain zoning, 9 but we're in -- we will be concurrently in that 10 process. 11 So construction is going to be a year plus 12 away, most likely. 13 UNIDENTIFIED MALE VOICE: Is all that property 14 between the two schools school property? 15 MR. ARNOLD: This? 16 UNIDENTIFIED MALE VOICE: Yeah. 17 MR. ARNOLD: In this area, that is preserve 18 area for the school. 19 UNIDENTIFIED MALE VOICE: Oh, really? 20 MR. ARNOLD: That was there set-aside for 21 preservation areas. It's my understanding that 22 the church -- the Diocese owns this L-shaped parcel 23 to the north of us that goes all the way up to 24 Veterans Memorial Parkway. 25 UNIDENTIFIED MALE VOICE: If it -- if it turns Packet Page-3209- 9/9/2014 17.C. 13 �\ 1 out to be single family, are you guys a developer 2 or the builder or -- or is it going to be lots, 3 building lots for custom builders or -- 4 MR. ARNOLD: I think that's undetermined at 5 the moment, too. I know that some of the owners of 6 the property do homebuilding, but no guarantee that 7 they will be the ultimate builder. 8 Like I said, I know that, you know, the folks, 9 such as the Pultes of the world and other -- other 10 developers have looked, and looked at the property 11 as well. 12 UNIDENTIFIED FEMALE VOICE: So all you're 13 talking about right now is the one on the left of 14 Livingston on that map? 15 MR. ARNOLD: Yeah, just this one, uh-huh. 16 UNIDENTIFIED MALE VOICE: And are you 17 responsible for any on the right side of -- 18 MR. ARNOLD: No, ma'am. 19 UNIDENTIFIED MALE VOICE: None of those? 20 MR. ARNOLD: I'm not. No, not involved with 21 any of those going on presently. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: Anybody else? Questions, 24 comments? 25 Just -- I didn't introduce her, but I forgot Packet Page-3210- 9/9/2014 17.C. 14 1 to, Kay Deselem, with her hand up in the back row 2 over here, is our staff planner in Collier County 3 who's coordinating the review through the county, 4 various departments and, you know, she's available 5 for questions as well. It's our meeting, but she's 6 obviously here to help answer questions, too, and 7 provide some timelines. 8 Kay, I don't think we've set any specific 9 dates for hearings. I know we've looked at 10 tentative dates that are June for Planning 11 Commission and I think September for the Board of 12 County Commissioners. 13 MS. DESELEM: Yes. Right now, those two dates 14 we have set side, but as you mentioned, they are 15 tentative, depending on a few factors. 16 MR. ARNOLD: Right. But like I said, fairly 17 straightforward request. 18 Anybody who -- 19 UNIDENTIFIED MALE VOICE: Just got one other 20 question. 21 MR. ARNOLD: Sure. 22 UNIDENTIFIED MALE VOICE: With single homes, 23 how many are you talking and if it wasn't, and if 24 it was the other way, how many units? 25 MR. ARNOLD: We're asking for a maximum of 114 Packet Page-3211- Packet Page-3213- 9/9/2014 17.C. 9/9/2014 17.C. 1.7 1 zoning action is going on, and it will have the 2 date. It's hard to read it, the scale that it is, 3 but it will have the dates and hearing times on 4 that as well. 5 Any other questions? 6 UNIDENTIFIED MALE VOICE: Any more details and 7 you know where things are located on site? 8 MR. ARNOLD: Adrian, not really. I mean, 9 that's our conceptual plan. All of the residential 10 or group housing development footprint is intended 11 to go in the tan areas, and then these are our 12 required preservation areas under Collier County's 13 rules, and then we show, essentially, a centralized 14 road that would service the two development tracts. 15 UNIDENTIFIED MALE VOICE: Okay. 16 MR. ARNOLD: Anybody else? Going once, twice. 17 Are we adjourned? 18 UNIDENTIFIED MALE VOICE: Thank you. 19 MR. ARNOLD: Thank you, everybody, for coming 20 out. Appreciate it. Thanks for taking your time. 21 (Proceedings concluded. ) 22 23 24 25 Packet Page-3214- 9/9/2014 17.C. �-. 18 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 17 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: May 1, 2014 Joyce B. Howell 19 20 21 22 23 24 25 Packet Page-3215- 9/9/2014 17.C. Packet Page-3216- Collier Count 9/9/2014 17.C. y I COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net I PRE-APPLICATION MEETING NOTES g PUD Rezone (PUDZ) E PUD to PUD Rezone (PUDZ-A) PUD Amendment (PUDA) PL# Date: n 7 -6/ c?" Q' � `Time: / : a Firm: Q6-44 , Project Name: Pr 7T ,/eope2}4, /64e L/VIA-65 Z'J Size of Project Site: B' acres Applicant Name: 6(- 4`I.c)F �1 tem.,27Llj Phone: / ci 7-/((I `f Owner Name: RAN6A U-7111 t TC- 5-a CC). Phone: a3 9 c (( cr-) a- Owner Address: /62S5 C'SSe/rvi �,e City/VAPC-e5State FL' ZIP 37((v Existing PUD Name and Number ///4 Assigned Planner K4c1 beSEZ-C72-7 Meeting Attendees: (attach Sign-In sheet) Meeting Notes r-:��2 ?(1_,V IAA At.r1iWNa Rem C-K iCCUSS1L+vS:..0 f',a ro t s•` 1 "\ C v^n�c h.— -- --L c_ . c,\. T9 ,r�42.2 T∎t`---S - tivo f-Q-_1 01- -NAA S .'1\^^� Li' rC?-r"...4-9- . --%-'-',v�� Cwkp P041 1 (pip +0 '1 be)f pq w 1rc p /toJSL1.-ct in,e_, 12., 0°+SC,C‘.. C gs r-LF-c.�f- toed J p vcposcr-f 3�,..,it 4 !!trc IC'catd.�-cr c,s Prd +.-2I (�`a w9r- pt ct 44 n r s hj F4 26,44 ti <frAf-e- paw M col-,,14.t 446a. 6.044-d new N-1,po�=.4 p,-eg,e c-d 0-4- fec-0-Pla E a r! c 11A-Art. a.ra ,z app �A- Cc;u . pcaf.w. issc.c-s _ C No ` MW ress r, x4.F.( WI tai - K f tu49 Pot.c-ces ,\ JUNE 2011 Packet Page-3217- • 9/9/2014 17.C. Additional Notes: -11 to^.' P 4ifv"✓6 - Accs.s ay ,Q. -ye✓E�-�'`«�r I F Ij LLF I 'is A )/aweD gnrro T 4-c Te, ,l . fpe -44y &H E6 11Eo " 46E C-45 17 . . Ate-r '`o-C.J s$ 6rv9 L_ t c E/6¢— cse_A .F.t'1ee6o,7--)sc,• aN(y) A l S ; s e'>> Slbu N+cr 1- -cZ,r 61eNeWr' CE.NAZI O(S) 4 ..M-' e4. ekr /�taNAG -CO Vera-v--,4(4. 1F SS. `t2,►64J-F TJ� J 6 A A4 JJI� c er,,A)'tr6-�- 0. 0. ►P1cM G�i 4 c t Le (59 A ¶crr-tr (.11... g 44 re, 1,2A41.4,r../6 p Fire �cQec: uK 0 6 eCf-Rms c.s c• s co.ti c e �i 7 - _ kc,,(cio a.cce S 0.44 C.J11' Le vcri'e 4-S w'/ n wi pi 47 Pet • re, Art ° Envlronn ;w Q- ST - - '/ ' tM g/0 010( 1 2(t 7) LoC P . �-.— , to Z /�.l n.-f'�. A .1/1 0/ .!n n •' 7/7'/ /n i n.,n n../I n..,.n �t�/%/"�'� / k?i Y�%I I I4)— 1! .1.c.-c-f euv w�-� / vis u�vrLS.w� C. . . SQlahl• AC Ai A Ictk _ 401x0. PAOlha . �).11-t EAC /107t ice. ,A3/3/4 6.[u Y-r ,map SLe f • Packet Page-3218- 9/9/2014 17.C. 9jz5nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE n GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students, Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE (PUDZ) PUD to PUP REZONE (PUDZ-A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRE STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary I i )(- Completed Application(download from website for current form) E PUD Document& Conceptual Site Plan 24"x 36"and One 8 1/2" x E 11" copy Revised Conceptual Site Plan 24"x 36"and One 81/2" x 11" copy ❑ X Original PUD document and Master Plan 24"x 36" ❑ ONLY IF AMENDING THE PUD )( Revised PUD document with changes crossed thru&underlined ❑ .)( Revised PUD document w/amended Title page w/ord#'s,LDC ❑ 10.02.13.A.2 X Deeds/Legal's &Survey(if boundary of original PUD is amended) 3 List identifying Owner&all parties of corporation 2 >C Owner/Affidavit signed&notarized 2 �C Covenant of Unified Control 2 )( Completed Addressing checklist 2 �( / Environmental Impact Statement(EIS) or exemption justification 2 ✓ Digital/electronic copy of EIS (copy for P anner Envir nmental) 2 Historical Survey or waiver request 4 x Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 urvey, signed&sealed 4 Traffic Impact Statement(TIS) or waiver(with applicable fees) 7 Copy of Traffic Impact Statement(TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1"=200'), showing FLUCCS Codes,Legend, and project boundary 5 JUNE 2011 Packet Page-3219- Cotter County 9/9/2014 17.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net Electronic copy of all documents in Word format and plans (CDRom 1 or Diskette) Justification/Rationale for the Deviations (must be on a separate ❑ sheet within the application material;DO NOT include it in the PUD documents) Copies of Official Interpretations and/or Zoning Verifications 1 School Impact Analysis Application(residential components) 2 >( 1 set for School District(residential components) ❑ Affordable Housing or Economic Development Council Projects: EDC "Fast Track"must submit approved copy of official application 2 DAffordable Housing"Expedited"must submit copy of signed Certificate of Agreement. **If project includes an Affordable Housing component,you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# ❑ Deltona ❑ Lely Barefoot Beach ❑Port of the Islands Interlocal Route pal--e.0: The r%JU L.1 ancy,Attn. 1`vi uv1G Ryan 1450 Merrihue Dr.,Naples,FL 34102 ❑If located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)i.c. ❑ If located within 1/2 mile of City of Naples, send copy of submittal package to: Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 JUNE 2011 Packet Page-3220- Colter County 9/9/201417.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT(residential PARKS& REC-VICKY AHMAD X components)Amy Taylor SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 -EMER. MGMT-Dan UTILITIES ENGINEERING: PAULO Summers MARTINS CITY OF NAPLES, Robin Singer, BAYSHORE/GATEWAY TRIANGLE Planning Director REDEVELOPMENT Executive Director CONSERVANCY, Nichole Ryan FIRE REVIEW: RICCO LONGO EMS-ARTIE BAY ENGINEERING:JACK MCKENNA TRANS.PATHWAYS:ALISON COMP PLANNING: (SEE SIGN-IN BRADFORD SHEET FROM PRE-APP MEETING) ✓ ENVIRONMENTAL: SEE SIGN-IN SHEET FROM PRE-APP MEETING) Fees Application Fee: X $10,000 (PUD Rezone) +$25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD)+$25 per acre(or fraction thereof) ❑ $6,000 (PUD Amendment) +$25 per acre(or fraction of an acre) M Fire Code Review ew PUD Rezone $150.PUD to PUT)Rezone$1255 PU]) Amendment $125 ® $2,250.00 Comprehensive onsistency Review ® $500.00 Pre-application fee(Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting Z $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2500.00 Environmental Impact Statement review fee V $1000.00 Listed or Protected Species survey review fee(when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A): $500.00 Methodology Review Fee,if re *Additional Fees to be determined at Methodology Meeting. 1� N/ cN6 ,�,.11,✓ Gf (cam 146 1J7. Fee Total$ JUNE 2011 Packet Page-3221- Co ier Count y 9/9/2014 17.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location,time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to,but no sooner than five (5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal_description.of_the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said ■ ■ Memorandum or Notice. JUNE 2011 Packet Page-3222- Aug. H. 2012 2: 10PM No. 1149 9/9/2014 17.C.• county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION( NAPLES,FLORIDA 34104 PLANNING AND REGULATION • (239)282-2400 FAX (239)252-5724 WWW.COLU ERGOV.NET "".`'� 1:'nM•,,,�".'.u1.;�-wa.i�;=.'a�`iE �$�gf�a."�i��dl ,. ,...,....;_,..._;f_ kry..t�" ,.�r,d'ir:^l;_=,_,. ...wo . :,"il;...'y.i•ya ,.. r. s Yt -f1 w i� Lt.•�.r Iry � .p�em�:'il,', . y. . Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department 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 Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Pen-nit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) [� CamivatiCircus Permit ❑ SDPI(Insubstantial Change to SDP) • 0 Cu(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit} ❑ SIP](Insubstantial Change to SIP) ❑ FP(Final Plat © SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNO(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) PUD Rezone • ❑ VRSFP(Vegetation Removal&Si#e Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL OESCR!?TIOIV of subject property or properties (copy of lengthy description may be attached) Please see attached property records. 90,4- is 2 1 - . Z, to S r G.lw' 4 -1£4 Is_t4.9.-Z S. FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more then one) 00148520002, 00148560004, 00151320008, 00151360000 and 00151440616 STREET ADDRESS or ADDRESSES(aa applicable,it'already assigned) 16285 LIVINGSTON RD a LOCATION MAP must be attached showing eft location of project/site in relation to nearest public road right of-way • a SURVEY(copy -needed only for unptatted properties) PROPOSEb PROJECT NAME(1f applicable) PROPOSED STREET NAMES(if applicable) ._._ r SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) it``` SDP or AR or PL '44. ;‘,17� 0.14,11;1614..'1 Packet Page-3223- Aug. 30. 2012 2: 11PM No. 1149 9/9/2014 17.C. cioantx COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COL.LIERGQYNET, • a Project or development names proposed for, or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: I 1 Checklist is to be Faxed back [] Personally Picked Up APPLICANT NAME: Sharon Umpenhour PHONE 239.947.1144 239.947.0375 FAx Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) C a Co l t+% ' 4 ? Folio Number Dv t S. SG.Oc c:.L. Folio Number, C7o t SA '57.c.e cz $ Folio Number t t7a io vt�c? y UCaI SA 4-4.0 to.k Approved by � c �° I► -try-GL,-„■ Data: — 'fit IZ Updated by: ,Date:_,+, IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR-NEW FORM SUBMITTED- = -:� 1 Packet Page-3224- ' i,�i` t- 9/9/2014 17.C. S '63 •Z get 1 0 - .3/4 , .,, 0,- , _.; z ,. , rk —1_ ■-i IA \..w .-,-- 't:h -... w 1 f * . ..-1 ..EN,4`.`; , I E L A `a.., 4 1 a z - W , it-si ;1) Q oN Q o � � Li .- tv t .4_,' 1.:,,,,z 4.z. 1 t jb r e I 1 P5 1 -2 , , ,2 q --i_ J , ,) . ur ,a ___ , (1-1 ,% g 60 W 2 ` e 0 � 9 1 N. (A 4 00 N.W � Z 0 � � * � �. m � � N N u1 0 Fri 4 p d „ _ - „ c� ),.. if .? : a �`� Q 2 1 -- W g Z 4 , . 1 0 \.. 4 2 r cf pi, (.■ ui Z 2 r 1 Z El' .' ,.. V.. k '1 6% 4 ,.,_ ,... A .... 1 j ;iv, --; k -4 ,,, 1 , , 7-....„ , v , , , E \) I ki) L4:. c-. ii, z. 1 1 . . 3,- 8 4 ck,. ... -,, , .1) H9 z 1 •... v Id ., W a et I Z 4. hi ,p4 0 . ,.,,t, 1 i.- - , 14 ii . ; W 0 C W \v 0 64 v S !4 v...0 of N .:—._ , LL...Q a Packet Page-3225- „.:,... 9/9/2014 17.C. 11) r--, CI?) i J cai N0 C W I_ a E 4 w a m c G N Z W N. 6 oo ^ y � °� o 111 I I I maxx~) a e'6 `� CV DQc W 4) = goo' 2 z Q ,_ u_ N 01 - r1 oc? o LL s� Z W cV V i oaJ. a 1- M co W tV 4 CI Z pd inO �� I- .. Z• Z `cc. . � V 1- Z Z 0 a > Z a. Ixcl ° SJ wE- < -.OW-= - - __ . - CD W W U = O `^ re 2 • a ✓ O a 1 ( Packet Page-3226- 9/9/2014 17.C. RMC—Enclave RPUD Rezone Description of Why Rezone is Necessary The proposed rezone from Agriculture, A to Residential Planned Unit Development (RPUD) is being requested to develop the 28.38± acre property with up to 114 residential dwelling units consisting of single family or multi-family unit types, or up to 350 units of group housing for seniors. The property is currently zoned A, Rural Agricultural District an A, Rural Agricultural District with an ST Overlay. The A Zoning District permits residential density of a maximum density of 1 dwelling unit per 5 acres. The property is located in the urban area of Collier County and the mixed use project requires a rezoning to obtain the proposed uses. The RPUD will establish development standards appropriate for the site and to insure compatibility with surrounding existing and future development. The Master Plan has been designed to have preserve areas adjacent to preserve areas on neighboring properties. Primary project access will be on Livingston Road at a location opposite the future North Naples Fire District driveway. Representatives for the property owner have met with North Naples Fire Control and Rescue District officials and have prepared preliminary designs which demonstrate that a directional median opening can be designed to accommodate the RMC-Enclave RPUD and the North Naples Fire Control and Rescue District. A future potential interconnection to Learning Lane has been provided for the RPUD. Learning Lane is owned by the Collier County School District and access can only be approved by agreement with the District School Board. Interconnection to the adjacent public schools is not possible due to School District security issue. Interconnection to the south would be to a proposed church campus which has access only to Livingston Road. Page 1 of 1 Packet Page-3227- 9/9/2014 17.C. Cr Coi4.vity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net APPLICATION FOR,PUBLIC HEARING FOR; AMENDMENT TO PUD(PUDA).. n PUD REZONE (PUDZ). D PUD TO PUD REZONE (PUDZ-A) PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) Enclave- Livingston LLC ADDRESS 1055 Crosspointe Drive CITY Naples STATE FL ZIP 34110 TELEPHONE# 239.514.8382 CELL# FAX# 239.594.0925 E-MAIL ADDRESS: mitch @randall-mitchell.com NAME nE AAFNT Q. Grady Minor and Associates, P.A. /Cheffy Passidomo, P.A. ADDRESS 3800 Via Del Rey 1 821 Fifth Ave S CITY Bonita Springs STATE FL ZIP 34134 TELEPHONE# 239.947.1144 CELL# FAX# 239.947.0375 E-MAIL ADDRESS: wamold @gradyminor.com/jmpassidomo @napleslaw.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4,2011 Packet Page-3228- 9/9/2014 17.C. it" r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net ASSOCIATIONS ° I Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htto://www.collieraov.net/Index.aspx?paste=774 NAME OF HOMEOWNER ASSOCIATION: Camden Lakes Property Owners Association,C/O Pulte Home Corporation MAILING ADDRESS 24311 Walden Center Drive,Suite 300 CITY Bonita Springs STATE Florida Zip 34134 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP February 4,2011 Packet Page-3229- 9/9/2014 17.C. Co per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net IDisclosure of Interest Information _ I a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership Enclave- Livingston LLC 100% PlpasP sPP Fxhihit 1 attnnhPd fl C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership N.A. February 4,2011 Packet Page-3230- 9/9/2014 17.C. RMC— Enclave RPUD Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation and/or Trust b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Enclave-Livingston LLC 1055 Crosspointe Drive Naples, Florida 34110 Officers/Stockholders Percentage of Ownership/Stock D. Mitchell Melheim, Manager N/A D. Mitchell Melheim, Member 49% Randy Kurtz, Member 51% Page 1 of 1 Packet Page-3231- 9/9/2014 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership N.A. e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership N.A. I Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N.A. February 4,2011 Packet Page-3232- 9/9/2014 17.C. Co er Camay COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239) 252-6358 www.colliergov.net Date subject property acquired 2012 a zo�3 g. 1 P p Y q ® leased Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application ..+:.. ujrruCuuvII meeting. NOTE:The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. Section/Township/Range 13 48 S 25 E Lot: Block: Subdivision: Plat Book: Page#: Property I.D.#: Please see attached Exhibit 2 Metes & Bounds Description: Please see attached Exhibit 3 Size of property: ft.X ft. =Total Sq. Ft. Acres 28+/- Address/general location of subject property: 16285 Livingston Road PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial February 4,2011 Packet Page-3233- 9/9/2014 17.C. RMC— Enclave RPUD Exhibit 2 Property ID Numbers Folio Numbers:00148520002 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00148560004 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00151320008 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:16285 LIVINGSTON RD Folio Numbers:00151360000 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00151440616 Name: ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Number:00151440700 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:4295 WOLFE RD Folio Numbers:00151440807 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Page 1 of 1 Packet Page-3234- 9/9/2014 17.C. RMC—Enclave RPUD Exhibit 3 Legal Description (AS SURVEYED) A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA;THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION S 88° 57' 15" W, A DISTANCE OF 663.15 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,N 00° 12' 35" W, A DISTANCE OF 1349.04 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,N 89°02'31"E,A DISTANCE OF 1117.58 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10° 54' 50", A RADIUS OF 2014.86 FEET,A CHORD BEARING AND DISTANCE OF S 10°35'31"E,383.22 FEET;THE SAME BEING A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2615, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE(3)COURSES AND DISTANCES: 1. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 383.80 FEET TO THE END OF SAID CURVE; 2. THENCE S 73° 57' 05" W, A DISTANCE OF 32.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08° 31' 38", A RADIUS OF 2047.36 FEET, A CHORD BEARING AND DISTANCE OF S 20° 18'44"E,304.42 FEET; 3. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544,PAGE 561 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID NORTH LINE S 88° 59' 06" W, A DISTANCE OF 596.51 FEET TO THE NORTHWEST CORNER OF SAID LANDS;THENCE RUN ALONG THE WEST LINE OF SAID LANDS S 00° 10'38"E,A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING CONTAINING 28.38 ACRES MORE OR LESS. PER OFFICIAL RECORDS BOOK 4878.PAGE 1799 PARCEL 2(WEST ONE-HALF) THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID: 00151360000 PARCEL 3: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. Page 1 of 3 Packet Page-3235- 9/9/2014 17.C. RMC— Enclave RPUD Exhibit 3 Legal Description LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. PARCEL ID:00148520002 PARCEL 4: HE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID:00151440616 PARCEL 5(WEST ONE-HALF): THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PER OFFICIAL RECORDS BOOK 4855.PAGE 2343 PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88 DEGREES 20 MINUTES 15 SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 2650.16 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE CONTINUE NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88 DEGREES 32 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 64 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE Page 2 of 3 Packet Page-3236- 9/9/2014 17.C. RMC— Enclave RPUD Exhibit 3 Legal Description ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 38 SECONDS, SUBTENDED BY A CHORD OF 304.42 FEET AT A BEARING OF NORTH 20 DEGREES 46 MINUTES 07 SECONDS WEST,FOR A DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 32.50 FEET TO A POINT ON A CIRCULAR CURVE,CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST,A DISTANCE OF 2014.86 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2014.86 FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES 54 MINUTES 47 SECONDS, SUBTENDED BY A CHORD OF 383.19 FEET AT A BEARING OF NORTH 11 DEGREES 02 MINUTES 55 SECONDS WEST, FOR A DISTANCE OF 383.77 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE RUN NORTH 88 DEGREES 35 MINUTES 26 SECONDS EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 209.92 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE RUN SOUTH 00 DEGREES 36 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING. PARCEL 2(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 5(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Page 3 of 3 Packet Page-3237- 9/9/2014 17.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net Zoning Land Use N A Undeveloped S Grace Romanian PUD,Royal Palm Inters Academy PUD Undeveloped church,single family residential E A,Grace Romanian PUD Livingston Road,partially developed fire station,undeveloped church W A,A(ST) North Naples Middle School Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page#: Property I.D.#: Metes&Bounds Description: /'� p e, r @ zii 4"4:F e.. This application is requesting a rezone from the A and A(ST) zoning districts)to the RPUD zoning district(s). Present Use of the Property: Undeveloped land Proposed Use(or range of uses)of the property: Multi-family dwelling units or group housing Original PUD Name: N.A. Ordinance No.: N.A. February 4,2011 Packet Page-3238- 9/9/2014 17.C. Co Mr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliercgov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.8) 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. Please see attached Exhibit 4 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see attached Exhibit 4 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth 1.. (nit • 1__J_ •J__a!L __ L__a f__L J!_a_!_ polity L_.. management plan. Innis is to inchuae identifying wnaT auD-dititiCT, policy or oiner provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district,policy or other provision.) Please see attached Exhibit 4 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. Please see attached Exhibit 4 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see attached Exhibit 4 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. Please see attached Exhibit 4 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see attached Exhibit 4 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Please see attached Exhibit 4 February 4,2011 Packet Page-3239- 9/9/2014 17.C. RMC—Enclave RPUD Exhibit 4 Evaluation Criteria Pursuant to Section 10.02.13 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Narrative Statement Describing Request The subject property is located in the Urban District, Urban Residential Subdistrict on the north side of Learning Lane adjacent to and east of North Naples Middle School. The application proposes to rezone approximately 28+/- acres from the Agriculture (A) and Agriculture (A/ST) Zoning Districts to Residential planned unit development (RPUD). The RPUD is proposing a maximum of 114 dwelling units or 350 group housing units. PUD Rezone Considerations(LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,water,and other utilities. The property is located in the Urban Residential Subdistrict. Public facilities service the area and have available capacity for the proposed 114 dwelling units or 350 group housing units. The project has direct access to Livingston Road and the included Traffic Analysis concludes there are no transportation deficiencies resulting from the project. The proposed conventional residential or senior housing uses are compatible with the surrounding projects which are public schools and a future church site. Other nearby residential communities located to the south and east have similar uses and intensities. The area is well suited for development of the RPUD. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant owns the land within the proposed RPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other Page 1 of 3 Packet Page-3240- 9/9/2014 17.C. RMC—Enclave RPUD Exhibit 4 Evaluation Criteria provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) The proposed RPUD is located in the Urban-Mixed Use District, Urban Residential Subdistrict of the Future Land Use Map. This subdistrict designation permits residential and group housing land uses consistent with those identified in the RPUD. The subject property is located in the Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. This subdistrict without application of specific bonus density provisions, permits residential development of up to 4 dwelling units per acre. The project is 28.381 acres in size and the proposed 114 conventional dwelling units proposed reflects a density of 4 dwelling units per acre, consistent with the density provisions in the Future Land Use Element. The senior housing uses are group housing uses, which are permitted uses in the Urban Residential Subdistrict. The Land Development Code establishes a floor area ratio as the measure of intensity for group housing uses. An FAR of 0.6 has been proposed for the RMC-Enclave RPUD. Due to the nature of the surrounding land uses, interconnection to these properties is not feasible. The only viable interconnection point has been identified on the PUD Master Plan as a future potential connection. The proposed interconnection opportunity is consistent with Policy 7.3 of the Future Land Use Element. The access to Livingston Road meets all Collier County intersection spacing criteria and is consistent with Policy 7.1 of the Future Land Use Element, encouraging new projects to have connections to arterial and collector roadways. The RPUD proposes a variety of housing types and has extensive on-site preserves and open spaces, consistent with Policy 7.4 of the Future Land Use Element. The Master Plan depicts preserve areas which have been identified by professional biologists, consistent with the criteria established in Policy 6.1.1 of the Conservation and Coastal Management Element. Policy 6.1.1 of the Conservation and Coastal Management Element requires projects equal to or greater than 20 acres to provide 25% of the existing native vegetation as preserves. The 7± acres preserve meets these criteria. 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. Property located north is undeveloped. To the west the property is developed with the North Naples Middle School and Veterans Memorial Elementary School. To the east is Page 2 of 3 Packet Page-3241- 9/9/2014 17.C. RMC—Enclave RPUD Exhibit 4 Evaluation Criteria the undeveloped Grace Romanian Baptist Church of Naples PUD and Livingston Road. To the south is Royal Palm International Academy PUD which is currently being developed with single family homes. The proposed residential PUD is compatible with these land uses. Landscape buffering will be provided per the land development code. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The conceptual master plan identifies open space, water management, buffers, and other open areas that will be used as usable open space areas for the project. The amount of open space and preserve areas are consistent with the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is anticipated that development will commence in 2015. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The applicant does not own any additional property adjacent to the proposed RPUD. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD contains development standards and conditions which are consistent with standards for other residential PUD's. The proposed permitted uses and development standards are appropriate for the site and compatible with existing and planned land uses. A deviation has been requested for an increase in the FAR for senior group housing from 0.45 to 0.60. This deviation will allow the senior housing option to provide indoor amenities such as indoor fitness, theatres, dining areas, and other services commonly associated with modern senior housing projects. Page 3 of 3 Packet Page-3242- 9/9/2014 17.C. eCo r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ❑ No If so,what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑ No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been mnrtc nnri tt,p nnnlirnfinn is nccinncrl n nc+iit;on pro"-ccinn nnmhpr. The nnnlirn+inn will k considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "dosed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) February 4,2011 Packet Page-3243- 9/9/2014 17.C. c co r County — COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collierqov.net K}I:, a " PIED AMENDMENT APUDA) PUD REZONE XPUDZ).PUD to'PUD REZ:ON,4Pt]D IAA F . .,a s`. '='APPIICATt01■1Si16MITTAI'G'F3ECiCLIST � 1 "_ ;; " ° q �, t THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. E 1. "- gt i$4 , '50.141wR1 , IePREQUIREMENTS*T' 'G ii iV t 5 "��@ 0 kT ) t#O.F F3ws i�, �¢�y t.tYyNf3Th ; p� Sd P ��r N i j_U� �,4 t, q $; ' . �4'lyt A F I tF�!i. 'al 4t .'�' I, t � <r � i � ;ors, a4 & �'� r ;l�aet,r l,iuli r u,'COP,IES; REQL1iRED: �REQIJIREC 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary ❑ 0 Completed Application with list of Permitted Uses;Development Standards Table;List of proposed deviations from the LDC(if any);List of Developer Commitments and Statement of ❑ © ❑ Compliance narrative(download application from web for current form) PUD Conceptual Master Site Plan 24" x 36"and One 8 1/2" x 1 1"copy 0 © ❑ Revised Conceptual Master Site Plan 24"x 36"and One 8 1/2" x 11"copy ❑ ❑ Original PUD doc/ord and Master Plan 24"x 36"—ONLY IF AMENDING THE PUD ❑ ❑ el Revised PUD application with changes crossed thru&underlined ❑ LI Revised PUD application w/amended Title page w/ord#'s,LDC 10.02.13A.2 ❑ ❑ 13 Justification/Rationale for the Deviations(must be on a separate sheet within the application ❑ © ❑ material;please DO NOT include it in the PUD documents) CO�'ifESaD "foiI0AN�111 4'{f�� is u�t �"g„rt'`p`'z�..bi?Y i ,`"ti'�Yw zx..' ' S t�.,'j'-li��$-tc st.f: `. Deeds/Legal's&Survey(if boundary of original PUD is amended) 3 © ❑ List identifying Owner&all parties of corporation 2 © ❑ Owner/Affidavit signed&notarized 2 © ❑ y..e;o„t of Unified Control 2 ,U LI J Completed Addressing checklist 2 © ❑ Di exemption justification - - 4 ❑ Historical Survey or waiver request 4 ❑ Eil Utility Provisions Statement w/sketches 4 © ❑ Architectural rendering of proposed structures 4 © ❑ Survey,signed &sealed 4 © ❑ Traffic Impact Statement(TIS)with applicable fees. For TIS guidelines&procedures refer to htt.://www.coilier•ov.net/Index.as.x?.a•e=566 © ❑ Recent Aerial Photograph(with habitat areas defined)min scaled 1"=400' 5 © ❑ Electronic copy of all documents in Word format and plans(CDRom or Diskette) 2 © ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ig School Impact Analysis Application—residential projects only 2 MI ❑ (download the School Impact Analysis Application from website) If located in RFMU (Rural Fringe Mixed Usel Receiving Land Areas -Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08A.2.a.(b)i.c. February 4,2011 Packet Page -3244- -,.,°-- ° .-- 9/9/2014 17.C. - N O W Z Z IX in QF- CC J1 ag 10 U x Q= -0> W l'. a a` O WO WLLix IWZ ;i' .i 0 Q 2 Z F 2 o a w H O /',r/ 19 •�-z—: eW v Q�z �2 a �i=z ;; 1'.,c1.1 yd U CO W zU2 rt g zzd0 / ;!/ ,'2 vy �O > -u-c a1_av wow° ;'% ' 1dli!1 v� W QOj H0 0 ?JW� ',, '/ i Q2 H �2O WmO W WJ0O / // r; F-0 < a v>ax I- <H O " waCl) 00z wou)= FL CO j( /% ,...,R", ‘ III o0 w zz F- aw�Z / h, Q- - o -Z u. aZ " wcc o2k w¢0 cwnguz-i'>�,' /0� ^ �a. CC 0 _,--, cn0.e OWw ,' � ,'i w U -M o z d 1g 21- of ,//,i I; v o * r U QO=a %i/ \iii Z a'F-O / '0 Jd F-U i Q <a</ /' / / , Z +I s1 Z ;7/ i , / i i/ O ? 0,0 i i a 0 W �J1 h 1� //ii7 i' i'' , i i LL - W O LLl W W /' / /' ' / J I- o f 2 u-100 / 0// // I ¢o w ¢ Ww� ;; �a g 22 OF- 2 d / / I, '% _� �! �� / 1 , s 11 QOw -, / � , 6 Z cf 11 Z LLI / i i F c • i i gg - --�— � � / -- - . / cn -_________ ___------____________- � — I 1 Gr ----------------- _ a I I I I 0 ,i ' Q� � r_, W z x $ LL I1 a0 � . � • Ir �, wo II w �2a ? ®�® a I wc.)mi 'Ct 0 m Ucc W Q ss N� I 0- W CC 2W Iw az °6 I I a LL ( O0 i • >— < f Z m_ 1 " i1 , w . Z II for wm w H i oW , g - LL I �� I� om z ui 1 1 ¢a 1 a0 II a ON j I Q� d °s 6 m - Z 02 II cn I- 1 , J- g g t w 1 cc on I— —_-- ' 1 za > - Q0 ND L �, �� OW W wo I Q CC CO ZO Z a 5I 1 Win O o , F-y W :::iu•:::::<:: , 1 z w W� QD ::t11:::::: Jo ii = Oo I Z02 ::::::4;::::>:::::. i OQ i N2 H a'U''' ''''''.:''''''.'.'.'.'.''' 1' it kR 8 O- , ::Qr'r}::}i}iii::::''?.:, I N CC J W H cn J In0 L- U i. J O a O m Z c ax W <0 pa 0 m Z�cC x Z CO W a W 3 <cc• 0 W Q O W o z Q Z M d W z z h z Ili to Z Lu N a Packet Page-3245- INSTR 4790088 OR 4878 PG 1799 RECORDED 1/23/2013 3:30 PM PAGES s 9/9/2014 17.C. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $9,800.00 REC $44.00 INDX $3.00 CONS $1,400,000.00 Prepared by and return to: C.Lane Wood,Esq. Salvatori,Wood&Bucket,P.L. 9132 Strada Place Fourth Floor Naples,FL 34108 239-552-4100 Consideration:$1,400,000.00 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 16th day of January,2013 between Henry A.Pitt and Elizabeth J.Pitt,Individually and as Trustees under the Henry and Elizabeth Pi dated December 30,2003,Frank B.Pitt,a married man, and First Southeast Investment Corpo n r a •• : 'on, Grantors, and Enclave-Livingston, LLC, a Florida limited liability company whose posf'p .. ss is 11 ft ., oinrte Dr.,Naples,FL 34I10,Grantee: (Whenever used herein the terms'Grantor"and L rant include all the parties to this irsstrumen and the heirs,legal representatives,and assigns of individuals,and the successors and assigns ofeorpratigns,trusts and / \Witnesseth, that said Grantor, for rtd • 1,c6 1 in, • ep ND 1110/100 DOLLARS($10.00)and other good and valuable considerations to said d or Ai aftd 'ai by , — e reeetpt whereof is hereby acknowledged, has granted, bargained,and sold to ti�e.sa i a�td G ,et heirsian• as�;g[}s forever,the following described land, situate,lying and being in Collier Conn , to t y- SEE ATTACHED EXHIBIT ' LEGAL DESCRI> N/ /c-:,-) 1-48,,,....,,,,.._ ,, Together with all the tenements,hereditaments an. uL–n c *�k_. the 6.` o belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the Grantors Henry A.Pitt and Elizabeth J.Pitt,Individually and as Trustees under the Henry and Elizabeth Pitt Living Trust dated December 30,2003,as to Parcel 2 as described in Exhibit A;Grantor First Southeast Investment Corporation,a Florida corporation,as to Parcel 3 as described in Exhibit A;and Grantor Frank B.Pitt,Individually,as to Parcels 4 and 5 as described in Exhibit A,hereby certify that the subject property is vacant land and do respectively covenant with said Grantee that the Grantors are lawfully seized of said lands in fee simple;that the Grantors have good right and lawful authority to sell and convey said lands;that the Grantors hereby fully wan-ant the title to said lands and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2012. THIS SPACE LEFT BLANK INTENTIONALLY SEE NEXT PAGE FOR SIGNATURES DoubleTime® Packet Page-3246- OR 4878 PG 1800 9/9/2014 17.C. 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: Witness Name: 1//GTO'Pi A b O OGc Henry A.Pi g.ividually and as Trustee under the H a!ry an.Elizabeth Pitt Living Trust dated Dec mb• 30,2003 ;If Ga, . IIIP Witness Name: c't`''4 d' du2r Eliza. J.Pitt,lndiv du: y d as ee un•er the Henry and E iza.eth Pitt Li . g Trust dated December 30,2003 State of 1./,I r, I ' County of . AMA The foregoing instrument was acknowledged o .1. : nary,2013,by Henry A.Pitt and Elizabeth J. Pitt,-Individually and as Trustees under d Elizabe Pi l t,dated December 30,2003,who are p`ersonafi!known or[X]have produced: r 1 s license as i• ntification. •A•rt; f, / _ t ��.yyy,,,u•.w• .. lifiE LEIGH NICKr L ;�:�. /. eiF q , ei$ taryuDiic.State of Indiana j �Z • •IIC �R(`:*�� ptr* sion a 63573 1 ! rs1 •�\ � sE '.n�_ts'C'ommiss�on Exphs t A_A _ -cs+y;r�oim� r,•: -28, 2020 • ommrssion 22,•� 2UZD • ?r S' (Come S ea�_0 YlrSt JO fesunent uaporauCm,a ranaia • t;1 1 � COrporati0 y. Witness Name: ' B.Pitt,as President Witness Name: State of Florida County of Collier The foregoing instrument was acknowledged before me this_day of January,2013,Frank B.Pitt,as President of First Southeast Development Corp.,a Florida corporation,who[ ]is personally known or[X]has produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: • Warranty Deed-Paget DoubleTlmea Packet Page-3247- OR 4878 PG 1801 9/9/2014 17.C. OF (Corporate Seal) First Southeast Investment Corporation,a Florida corporation t. By. 1;•/44/ /47 Witness Name: SI1 �.- 0 '//1 Frank B.Pitt,as President i0tsr-i; •tness Name: Beth D.Lightner State of Florida County of Collier 6�}S 0- T The foregoing instrument was acknowl re me this day of f • ,2013,Frank B.Pitt,as President of First Southeast Development Corp.,a Florida co ration,who[J is personally . or[X)has produced a driver's license as identification. / � , � tic 44'. ./T( [Notary Seal] , Beth D. Lightner:red , F-Y, 1101% Art� UG ^� \ ( M mi4sio} fia: IXPIRES:fktober4, �//L�rit*,;,;,:6ordeA Thru Nc�tsy Pubic K,[ "t {L; CCV Warranty Deed-Page 3 DoubleTimea Packet Page -3248- OR 4878 PG 1802 9/9/2014 17.C. .�: "7/2/1--- Witness Name: . ff!i[I1 Ll�G:i!Jo Frank B. itt AleAriffaeas. kn..'Name:./I? ZW .# -77 I State of Florida County of Collier �� The foregoing instrument was acknowledged befiS this t`1lylanua .2013,Frank B.Pitt,who(U is personally, ,..., known or[X]has produced a driver's licensed • ∎' s ion. t °;‘"---- 7.,[Notary Seal] ------\..--.-.—hio,tary P. biic °'utsas eth D. Lightner .' cosnnssta+ r V/ l 9 . ? f 4,2013 A 1,�! g ,ed Th. Nowt U •• omr7s5lon Xeres: •■ /.7/ `. , /:' / /.6)___>Ly CT � IE C -cam) Warrany Deed-Paged DoubteTimee Packet Page-3249- *** OR 4878 PG 1803 *** 9/9/2014 17.C. File No.64-2012-003178 bdr RMC Pitt-2 EXHIBIT A—LEGAL DESCRIPTION PARCEL 2(West One-Half): The West 1/2 of the East 1/2 of the West 1/2 of the North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 13,Township 48 South,Range 25 East,Collier County,Florida. Parcel ID: 001513 60000 PARCEL 3: The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 13,Township 48 South,Range 25 East,Collier County,Florida. LESS AND EXCEPT THE FOLLO ✓.1 _ �. 6:21- .0 PROPERTY: The Northeast 1/4 of the Southe.: • . , • :=. h if Section 13,Township 48 South, Range 25 East,situated and 1 oilier County,F . da�.� /� \ AND LESS AND EXCEPT L O PROPERTY: The East 12 of the West 2 the No 1 the So theast 4 o the Northwest 1/4/4 of Section 13,Township 48 South, .. ♦. ;� ,r..r, Parcel ID:00148520002 "I ) .I.P PARCEL T. \f. (j The West 1/2 of the Southwest 'x.0'1• -4 • the 9 •�, - orthwest 1/4 of Section 13, Township 48 South,Range 25 East, •ll nuri . •a. Parcel ID:00151440616 PARCEL 5(West One-Half): The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 13,Township 48 South,Range 25 East,Collier County,Florida. Parcel ID: 00148560004 ProLaw:641961 Packet Page-3250- INSTR 4763399 OR 4855 PG 2343 RECORDED 11/16/2012 11:38 AM PAGES 5 9/9/2014 17.C. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $9,800.00 REC $44.00 INDX $2.00 CONS $1,400,000.00 . /. Prepared by and return to: C.Lane Wood,Esq. Salvatori,Wood&Buckel,P.L. 9132 Strada Place Fourth Floor Naples,FL 34108 239-552-4100 File Number: bdr Rb1C Pitt-1 Consideration:51,400,000.00 [Space Above This Line For Recording Data) Warran Deed tR C'QtT This Warranty Deed made this 14 ;, a = November, 201�.- Henry A. Pitt and Elizabeth J. Pitt, Individually and as Trustees under th • and Elizabeth Pitt Livin�Tru dated December 30,2003; Frank B. Pitt, Grantors, and Enclave-Livingstorcr, L --a-€torida limited lability omp ny whose post office address is 1055 Crosspointe Dr.,Naples,FL 34110, iran -: - . , L( t (Whenever used herein the terms"Grantor"and.Gran iefct"inter tf rti t. .: t eirs,\legal representatives,and assigns of individuals, _. and the successors and assigns of corporations,lusts truktees) Witnesseth,that said Grantors,fo n idera• of i 'm of 1Z$41)/100 DOLLARS S10.00 and other good and valuable considerations „s� Grantors in hand p 'ai' ,by td � ee, the receipt whereof is hereby acknowledged,has granted,bargained 'pd Id to the aid Grante Cara e`' heirs and assigns forever,the following described land,situate,lying and being i 'GIbllier County,Florida to-wit-h) C SEE ATTACHED EXHIBIT A F. = E y' . I • • 08`< - tE CINk- Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the Grantors Henry A. Pitt and Elizabeth J. Pitt, Individually and as Trustees under the Henry and Elizabeth Pitt Living Trust dated December 30, 2003, as to Parcels I and 2 as described in Exhibit A, and Grantor Frank B. Pitt, Individually,as to Parcels 1 and 5 as described in Exhibit A,hereby certify that the subject property is vacant land and do respectively covenant with said Grantee that the Grantors are lawfully seized of said lands in fee simple;that the Grantors have good right and lawful authority to sell and convey said lands;that the Grantors hereby fully warrant the title to said lands and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2011. THIS SPACE LEFT BLANK INTENTIONALLY SEE NEXT PAGE FOR SIGNATURES DoubleTime. Packet Page-3251- OR 4855 PG 2344 9/9/2014 17.C. 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: Ii ., 411i.............. :0 '.....J Witness Name: V c .a ..Cr, Henry A.Pitt,In.' wally and as Trustee of the Henry and Eliza.' Pitt Trust dated December 30,2003 Witness Name: i >/!J CAle97 _-I_ sed ,a c../ '.. Witness Name: t//c. AI 7,0 - Elizabeth .Pitt,Individually and as rustee of t • .46 Henry and Elizabeth Pitt Trusdated becem.' 30,2003 wit ess Name: illF4Wia '2' State of 11/44.0310-- County of 11LL4'i DI'V \ - 1____,--\ The foregoing instrument was ack owl+.•ir"- o i A∎ ..• 0 y4'f' i'. , 2012 by Henry A. Pitt and li Elizabeth-J.Pitt,Individually and i s T .,tees u •er e c; J. i,t•- . Pit Li 'ng Trust,dated December 30,2003, "" Who[ are personally known or[ j ha}v 1•r I uc • a ri% ' lac j e as i.•1 t flea inn. `pNtnnb (` 1 t J ,.�.co,'',� E�1.NNE LEIGH NICKEL .� ' �.% ENOU.�1'=��:,'a Y Pubfic,State of t� gals Q 1! # L. ii/, �_ o Indiana SEAL.itlatary�ieali];sion s 635733 �,1/� f..tlibrlC/a `'�%",'°�3 '' Moy-.�.�8 �. \ 0al/d.Jr e L 76H NICkEL- �� Printed• • is on Expires: MALI 2e,t Z02 • l rarraniy Deed-Page 2 DoubleTimee Packet Page -3252- OR 4855 PG 2345 9/9/2014 17.C. . t (Seal) Witn-.s Name: ..''' . Frank :.Pitt .dirAr Witnes Nam . Amy K. Gundlach State of Florida County of Collier }{� The foregoing instrument was acknowledged before me this`7' day of ovember, 2012 by F nk B. Pitt, who U is personally known or[X]has produced a driver's license as fas iidentiication. AJ VSO C0 gta [Notary Seal] Nota .iie� rg��_..... AMY c t F �" r. MY•• 'v• 1E1.,#. Printed Nam s A:.=dNattg .2016 ... — 1 My Co mission ( Lo Warranty Deed-Page 3 Doub1eTimes Packet Page -3253- OR 4855 PG 2346 9/9/2014 17.C. r File No.64-2012-003178 bdr RMC Pin-1 EXHIBIT A—LEGAL DESCRIPTION PARCEL 1: The Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 13, Township 48 South, Range 25 East,situated and lying in Collier County, Florida. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A parcel of land located in the Northwest Quarter of Section 13, Township 48 South, Range 25 East,Collier County, Florida,being more particularly described as follows: Commence at the Southeast corner of Section 13, Township 48 South, Range 25 East, Collier County, Florida;thence run South 88 degrees 20 minutes 15 seconds West,along the South line of the Southeast Quarter of said Section I3, for a distance of 2650.16 feet to the Southeast corner of the Southwest Quarter of said Section 13; thence run North 00 degrees 36 minutes 50 seconds West,along the East line of the Southwest Quarter of said Section 13,for a distance of 2692.40 feet to the Southeast corner of the North% - :1.1 • said Section 13; thence continue North 00 degrees 36 minutes 50 secondest '� _ 1ae�.f the Northwest Quarter of said Section 13, for a distance of 673.46 f .- outheast co - -pF - Northeast Quarter of the Southeast Quarter of the Northwest qu(/ of said Section 13 an. e int of Beginning of the parcel of land herein described; the ce de rees2 mini es 3� seconds West, along the South line of the Northeast Quarter �� •ua er of the orthtvest Quarter of said Section 13, for a distance of 66.87 fekt to o, . . -- v. • e N rtheasterly,whose radius point bears North 64 degrees 8 n tes 14 sec�n i s E>: . •is . c of 047.36 feet therefrom; thence run Northwesterly,alon r ,f�a'd cu v- . the righ)h.vii ia. dius of 2047.36 feet through a central angle of 08 degre ,minutes . eco • bten:es b�jj��'',kthord of 304.42 feet at a bearing of North 20 degrees 46 ialste`s 07 seconds West, _a ..staficciif 304.70 feet to the end of said curve; thence run North 7 ,egcees 29 minutes 42 °ad /for a distance of 32.50 feet to a point on a circular curve, c *a Northeasterly, who a '' point bears North 73 degrees 29 minutes 42 seconds East, a dis 4.86 fee -re . tt;thence run Northerly,along the arc ' of said curve to the right, having d . .; 2 r ' {'ea hrough a central angle of 10 degrees 54 minutes 47 seconds, subtended by a c : - : . 9 feet at a bearing of North 11 degrees 02 minutes 55 seconds West, for a distance of 383.77 feet to a point on the North line of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 13;thence run North 88 degrees 35 minutes 26 seconds East,along the North line of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 13, for a distance of 209.92 feet to the Northeast corner of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 13; thence run South 00 degrees 36 minutes 50 seconds East, along the East line of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 13 for a distance of 673.46 feet to the Point of Beginning. Parcel ID: 00151320008 PARCEL 2(East One-Half): The East 1/2 of the East 1/2 of the West 1/2 of the North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 13,Township 48 South,Range 25 East,Collier County,Florida. Parcel ID: 00151360000 ProLaw:643808 Packet Page -3254- *** oR 4855 PG 2347 *** 9/9/2014 17.C. File No.64-2012-003178 bdr RMC Pin-1 PARCEL 5(East One-Half): The East 1/2 of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section I3,Township 48 South,Range 25 East,Collier County,Florida. Parcel ID: 00148560004 d�� CO f. . 1 CC 0 f"''' ProLaw:643808 Packet Page-3255- 9/9/2014 17.C. Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 WWW.colliergov.net AFFIDAVIT We/I, Enclave— Livingston LLC being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/1 understand that the information requested on this application must be complete and accurate and that the content of this form,whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. As property owner We/I further authorize Q. Grady Minor and Associates, P.A. and Cheffy Passidomo Attorneys at Law to act as our/my representative in any matters regarding this Petition. Signature of Property Owner D. Mitchell Melheim as Manager of Enclave—Livingston LLC Typed or Printed Name of Owner and Title The foregoing instrument was acknowledged before me this jsr- day of//aV.'( ,2013, by A !f --/fiZ ,67,46-7// who is personally known to me or has produced as identification. (Signature of Notary Public) O7y KAMEEN GREENWALD it • :r MY COMMISSION#EE 159461 I fit:0 EXPIRES:Febn►ary 16,2016 Ufde1"�'� (Print,Type,or Stamped Commissioned Name of Notary Public) February 4,2011 Packet Page-3256- 9/9/2014 17.C. Cotner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 WWW.col iiergov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers: 00148520002,00148560004,00151320008,00151360000,00151440616.00151440700 and 00151440807,16285 Livingston Road,Naples,FL 34110 (street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Mixed Use planned unit development(MPUD)zoning. We hereby designate 0. Grady Minor and Associates,P.A. and Cheffv Passidomo Attorneys at Law legal representative thereo as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications,plans,surveys,and studies necessary to obtain zoning approval on the site.These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force,Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance.The County will not issue permits, certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner D. Mitchell Melheirn as Manager of Enclave-Livingston LLC Printed Name and Title STATE OF Florida),, COUNTY OF( jet' Sworn to(or affirmed)and subscribe. .. . - •• .i s f°, } I d a y of f(I ,2013,by ',ho is personally known to me • has produced ide 'fication LAURIE A.UND i/i _ a k•: MISSION#EE 132913 Notary Public '.-. "' •:*- —COMMISSION 2,2015 �r'� EXPIRES:Nove tic Underwriters /Naar� ' ,r-i 44)-11 �� Bonded lieu Notary (Name typed,printed or stamped) February 4,2011 Packet Page-3257- 9/9/2014 17.C. EXHIBIT A (AS SURVEYED) A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION S 88° 57' 15" W, A DISTANCE OF 663.15 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, N 00° 12' 35" W, A DISTANCE OF 1349.04 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,N 89°02'31" E,A DISTANCE OF 1117.58 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10° 54' 50", A RADIUS OF 2014.86 FEET,A CHORD BEARING AND DISTANCE OF S 10°35'31"E, 383.22 FEET;THE SAME BEING A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2615, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE(3)COURSES AND DISTANCES: 1. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 383.80 FEET TO THE END OF SAID CURVE; 2. THENCE S 73° 57' 05" W, A DISTANCE OF 32.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08° 31' 38", A RADIUS OF 2047.36 FEET, A CHORD BEARING AND DISTANCE OF S 20° 18'44"E,304.42 FEET; 3. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON THE NORTH LINE OF rruncr T ATTTIC Tyre rDTterTI TM f1L'L'Tr`TAT DL'lVCDTrC QCCTI ACAA 1D A r4V c 1 (1L'C ATTI DTTRT Tr`DR(VlDT1C• 111VJ1i L4-11•41J0 Ll:Ul.1LLV1:L 11M Vl 1'1lilAL 1LL:l.VIWU 1)VV11-tJ'T`I,1 ri\l Li..A.11 Vl' JA11/l V171..1V 1LLiV1/1W0, THENCE RUN ALONG SAID NORTH LINE S 88° 59' 06" W, A DISTANCE OF 596.51 FEET TO THE NORTHWEST CORNER OF SAID LANDS;THENCE RUN ALONG THE WEST LINE OF SAID LANDS S 00° 10'38"E,A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING CONTAINING 28.38 ACRES MORE OR LESS. PER OFFICIAL RECORDS BOOK 4878,PAGE 1799 PARCEL 2(WEST ONE-HALF) THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID: 00151360000 PARCEL 3: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: Packet Page-3258- 9/9/2014 17.C. THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. PARCEL ID:00148520002 PARCEL 4: HE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID:00151440616 PARCEL 5(WEST ONE-HALF): THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PER OFFICIAL RECORDS BOOK 4855,PAGE 2343 PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88 DEGREES 20 MINUTES 15 SECONDS WEST, AT ONG TT-TP Qf1TTTT4 T TNF OF TTTF cOTTTTTPACT(NTARTPR OF CATTl CPCTTON 13,FOR A fICTAN(CP OF 2650.16 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE CONTINUE NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88 DEGREES 32 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 64 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 38 SECONDS, SUBTENDED BY A CHORD OF 304.42 FEET AT A BEARING OF NORTH 20 DEGREES 46 MINUTES 07 SECONDS WEST,FOR A DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 32.50 FEET TO A POINT ON A CIRCULAR CURVE,CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST,A DISTANCE OF 2014.86 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2014.86 FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES 54 MINUTES 47 SECONDS, SUBTENDED BY A CHORD OF 383.19 FEET AT A BEARING OF NORTH 11 DEGREES 02 MINUTES 55 SECONDS WEST, FOR A DISTANCE OF 383.77 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 88 DEGREES 35 MINUTES 26 SECONDS EAST, Packet Page-3259- 9/9/2014 17.C. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 209.92 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN SOUTH 00 DEGREES 36 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING. PARCEL 2(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 5(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Packet Page-3260- t . 9/9/2014 17.C. $9j! CoKty COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-2525724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressina 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 Department. PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) CI BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDP/ (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—Unpiatted) ❑ PNC(Project Name Change) ❑ TOR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) 0 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Please see attached property records FOLIO(Property ID)NUMBER(s)of above (attach to, or associate with,legal description if more than one) 00148520002, 00148560004, 00151320008, 00151360000,00151440616, 00151440700 ang STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 00151440807 (additional folio number, wouldn't fit on line above) • 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 unpiatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP or AR or PL Packet Page-3261- Co Comity 9/9/2014 17.C. COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252,2400 FAX (239)252-5724 WWW_COWERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) RMC -EnclaveMPUI - „ . • • - • . - : _ Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Sharon Umpenhour PHONE 239.947.1144 FAX 239.947.0375 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY ` FLN Number(Primary) gi$5o2�)062 t ( i't 1 4Or'6 Folio Number 061415‘,6004/ 001.5 I4g '700 Folio Number ( 6 i 5 /3 2O D()? 00(5 f q q l$D7 Folio Number 00/5/ 3466/235 Approved by: c.� a Date: F- Updated by: Datie. IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page-3262- 9/9/2014 17.C. µIa'itttur, ,_ ::3' k.i., A PHASE I CULTURAL RESOURCE ASSESSMENT OF THE RMC-ENCLAVE MPUD PARCEL COLLIER COUNTY, FLORIDA By Robert S. Carr, M.S. John Wesley White, B.A. Scott Faulkner ^ John G. Beriault, B.A. ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY, INC. 4800 SW 64th Avenue, Suite 107 Davie, Florida 33314 archlgcl@bellsouth.net (954) 792-9776 For: ENCLAVE LIVINGSTON, LLC AHC TECHNICAL REPORT NO 1006 �-. AHC PROJECT NO. 2013.122 DECEMBER 2013 Packet Page-3263- 9/9/2014 17.C. TABLE OF CONTENTS LIST OF FIGURES ii CONSULTANT SUMMARY 1 PROJECT SETTING 3 PREVIOUS RESEARCH 10 CULTURAL SUMMARY 14 METHODOLOGY 23 RESULTS AND RECOMMENDATIONS 25 REFERENCES CITED 26 APPENDIX I: FLORIDA SURVEY LOG 33 Packet Page-3264- 9/9/2014 17.C. LIST OF FIGURES Figure 1. USGS map of the RMC-Enclave MPUD parcel 2 Figure 2. 1874 plat map for Township 48S, Range 25E with the project parcel boundaries superimposed 5 Figure 3. 1944 black & white aerial photograph of the project parcel 6 Figure 4. 1953 black & white aerial photograph of the project parcel 7 Figure 5. 1995 black & white aerial photograph of the project parcel 8 Figure 6. 2012 color aerial orthophotograph of the project parcel 9 Figure 7. USGS map showing all previously recorded sites within one mile of the project parcel 13 Figure 8. 2012 aerial photograph showing the location of shovel tests 24 ii Packet Page-3265- 9/9/2014 17.C. CONSULTANT SUMMARY In December, 2013, the Archaeological and Historical Conservancy, Inc. (AHC) conducted a Phase I cultural resource assessment for Enclave Livingston, LLC of the RMC-Enclave MPUD parcel located in Collier County. The parcel is in Township 48S, Range 25E, Section 13 (Figure 1). This project parcel is a 28.38-acre polygon. The parcel was surveyed to locate and assess any sites of archaeological and/or historical significance. This assessment was conducted to fulfill historic resource requirements in response to State of Florida and Collier County historic preservation guidelines. The work and the report conform to the specifications set forth in Chapter 1A-46, Florida Administrative Code. The parcel lies at the northwest corner of the intersection of Livingston Road and School Access Road. The project parcel corner encompasses uncleared pine and cypress flatwoods with emerging Brazilian pepper thicket has an overall low probability for cultural resources based on the occurrence of flatwoods communities, regarded as low probability areas for archaeological sites. Field work included a pedestrian survey and systematic shovel testing. A total of 12 shovel tests were excavated. All shovel tests were negative for cultural material. It is the consultant's opinion that no cultural resources occur on the parcel. n 1 Packet Page-3266- 9/9/2014 17.C. �. , �€ c _ ,...E #' n w 7 . F-- —�.'—. fitlf--- ` , M F- Ili 'I,..• ,,, I 477'''`':::'''''''' PROJECT J PARCEL �_ - x "' ` _ �, f "`15L- ∎. ;` 6 ... `�+"-� cif , . 4 ,t t= i � F{ i�Z. II „�... q rips .t. .-� v p— 4 ' p LL.v i BN. , 1,/.4:..! a — S a Figure 1. USGS Map of the RMC-Enclave MPUD parcel. N TOWNSHIP 48S,RANGE 25E,SECTION 13 — ........ 0 1/8 1/4 112 Mile approx USGS Map: BONITA SPRINGS,REV.1991 0 .2 .4 .8 Km.approx. 2 Packet Page-3267- 9/9/2014 17.C. PROJECT SETTING The RMC-Enclave MPUD parcel is a 28.38-acre polygon located in northwestern Collier County in Township 48S, Range 25E, Section 13. It encompasses uncleared pine and pond cypress flatwoods surrounded by rapidly urbanizing residential and commercial developments. The relevant USGS Quadrangle map is Bonita Springs,Florida(Figure 1). The project area consists of remnant hydric southern slash pine/saw palmetto flatwoods, and low pond cypress forests. Most of the parcel has been impacted by expanding communities of invasive exotic plants including melaleauca (melaleauca quinquenervia) and Brazilian pepper(Schinus terebinthifolius). Historically, the general area was pine and cypress flatwoods areas surrounded by scattered cypress heads and cypress solution ponds. The first state surveyors encountered "impracticable" conditions as they worked east of this particular Township/Range, a seven-mile-wide swath of low-lying swamps. As an example of the area conditions, surveyor W.L. Apthorp describes conditions 80 chains along the south border of Township 48S,Range 27 East on April 26th, 1872 as: "Heavy cypress swamp and tall boggy sawgrass with water a foot deep even at this dry season—wide deep sawgrass slough ahead surrounded by dense cypress swamp. Impracticable to go farther, Relinquish line..." Another line being run into the slough had the notation: "To round pond surrounded by bay and cypress swamp,impracticable. Pond full of monstrous alligators. Control 50 and stopped—relinquish line." The vegetative communities that dominate the project parcel are mesic to hydric slash pine/saw palmetto and cypress flatwoods trending to neighboring marshes and a community of succulent marsh plants such as fire flag (Thalia geniculata), arrowhead (Sagittaria spp.), and pickerelweed (Pontederia lanceolata). Small stands of pop ash (Fraxinus caroliniana) and buttonbush(Cephalthanthus occidentalis) may be present and provide a woody midstory growth along marsh edges. Amongst emerging cabbage palms are remnants, alive and dead, of moderately large slash pine (Pinus elliotii var. densa). The project parcel has evidences of former amorphous pine islands running southeast/northwest. Between them are areas of marginally lower ground that are transitional slough areas. These pine island elevations may be Pleistocene in origin and related to the north-south linear ridges observed running in parallel bands inland from the coastline. These ridges are seasonally inundated pine islands and are prominently depicted in the 1943 Graham Copeland map (Figure 2). The project parcel lies on a transition zone between the higher elevation pine flatwoods and the lower pond cypress slough areas. 3 Packet Page-3268- 9/9/2014 17.C. The geology of the area is characterized by solutioned and chalky limestone caprocks exposed or overlain by sands or shelly marls. A fine gray to tan sand found extensively in the district is poorly drained fine sand which usually overlies relict marine deposits of shelly marl and limestone caprock that are part of the Pleistocene Caloosahatchee formation. These marine marls contain lenses and deposits of clay intermixed with varying percentages of sand. These clays may have been a source for ceramic manufacture by the Formative period Native Americans. Soil types present on the parcel include Pineda fine sand, limestone substratum; Riviera fine sand, limestone substratum; and Boca fine sand. 4 Packet Page-3269- 9/9/2014 17.C. T 48 S It 25 E A4JU+4 rtJ 'A 1.11 lAnba 7r,.r,:ur, aY•...11�fo-ar ti el.RSkaen x.I*t�r>F�.+ n: �,h.rr�.s.r.ns L 1 1 i S 4 M. 1a 1.M SA ( t 4lwit rw M* ��_A ?I al 2 JG . 7f.h ti.;n 14u r t#rn Al.J. 1"GF 1 ∎fi ll 11:.;.1..tasi .:l c■o ,ry`- t ti '..-`A' ,„ ` u4,, I _ ‘'14)., .._44 J. r� it .in~J . .41!.41 4* = I '�,r 4 n ( 1 * . 1 -Z1�ii . LI- 9 1 .r e t_ �' ! 1 1 , 4 r ,,,,,,„1. __ 4 , ---- � 4. , a— ir` _ OJEC ' ph, ... -. a ..4 1r - �--„.„_, _ __. ri. , ..t.7.....w.t.7: -''''. ....., _. ...' ' ..-1”. ' - . .... -1.1-4-1.-''4r." - _ it l .011p e 1 1 4 5111_ i � 1 1 _ :. r� t ___ ___,i,,, . _ 4 +.d t ' I 1 Nt , ,5� '_ f + F .1140 A.011704 Ilreay.yga.. 1..:. .4'4 :t. 000 0 r..+. -..t' w... F .t:.i . at .. J Tir.. J...M..,at 4i r.sAkar At,4*1 tl,.: ..d..r•• r_ P' .r -c- wJt + ' ;... -_i_ !`-r .— ,-4_, suctomt yl.m tea field e.t...t G....v.. :aide t a,- ..■ is l a 7 - tE6i.114 4..1.6/af4..a..+w.,,...e.,W*riot Mill I X .6 Qrl Pt 1ta � ,.„ ,__,IrA kW* w Ili* . Gti.i+ry rOw.wluOdtaub V gr ! ttrM ]a11Yis** PUICiJA4 vt Figure 2. 1874 plat map for Township 48S, Range 25E with the project parcel boundaries superimposed. 4 N 5 Packet Page -3270- 9/9/2014 17.C. Figure 3. 1944 black and white aerial photograph of the RMC-Enclave MPUD parcel. ' 0 330 660 1320 Feet approx. 0 100 200 400 Meters approx. 6 Packet Page-3271- 9/9/2014 17.C. Figure 4. 1953 black and white aerial photograph of the RMC-Enclave MPUD parcel. l i 0 330 660 1320 Feet approx. 0 100 200 400 Meters approx. 7 Packet Page-3272- 9/9/2014 17.C. BliOnaSe:. k---e le brita-G t 1/eier-ans-MenoiVd Cr 14,t \ . 001-Access-Rd N vin a-W ajsz., €4" r----Entrad a-Ave tt, a - :4a Figure 5. 1995 black and white aerial photograph of the RMC-Enclave MPUD parcel. 1■1111=n6=1■1■1 0 330 660 1320 Feet approx. 0 100 200 400 Meters approx. 8 Packet Page-3273- 9/9/2014 17.C. .__. ` . _'Jeteran trillernorialtBIv :., ir Ito r. ........ .. j .—-,;•■ I', 4 aT S "� -iiY1F�. .. � 0.�•4 I ! iI 1I I , r c r-' • a j rJN o o IP i ±9 1 ,r F er al r ii-°`- 'w'' l Figure 6. 2012 color aerial orthophotograph of the RMC-Enclave MPUD parcel. ilmmi .....■■•,. # 0 330 660 1320 Feet approx. 0 100 200 400 Meters approx. 9 Packet Page-3274- 9/9/2014 17.C. �• PREVIOUS RESEARCH Southern Florida has been a focus of archaeological investigations since the 1880s, although much of the early work was directed toward the recovery of museum quality artifacts rather than understanding cultural processes. Griffin (1988:48-50) discussed some of the very early references to archaeological sites in South Florida and noted that these early reports were mostly casual observations, and few appear to refer to southwest Florida,but rather to southeast Florida and the Florida Keys. The first attempt to systematically survey the area's archaeological sites was initiated by Ales Hrdlicka, who visited a number of sites along the coast and tidal mangrove estuaries in 1918, focusing on the Ten Thousand Island region (Hrdlicka 1922). Hrdlicka noted that southwest Florida was a distinct region within south Florida and made an attempt to type sites by function. John M. Goggin was the first to define a south Florida cultural area (Glades Area), and describe south Florida ceramics (Glades ware), establishing a basis for later archaeological work. He published an analysis of the ceramic sequence in south Florida (Goggin 1939, 1940). In later reports (Goggin, 1947, 1949a, 1949b), he formulated a basic framework of cultural areas and chronologies that is still current (although modifications with additional data have been made, see further discussion below). Goggin (1949b) summarized much of this information in an unpublished manuscript, which Griffin(1988)thoroughly described. For several decades, many of the subsequent archaeological investigations in the region took place in the Cape Haze, Charlotte Harbor and Pine Island areas. Arlene Fradkin and other archaeologists from the University of Florida began an ongoing investigation in the Pine Island Sound/Sanibel Island area in the 1970s. Her first project was at the Wightman site on northern Sanibel Island (Fradkin 1976). In 1983, Marquardt began a series of investigations at Josslyn Key, Useppa Island, Pineland, Buck Key, Galt Island in Lee County, and at Big Mound Key in Charlotte County (Marquardt 1984, 1987, 1988, 1992). Marquardt and Russo also excavated at Horrs Island where large shell midden sites there appear to be late Archaic, indicating a more elaborate social organization at and larger sedentary or semi-sedentary population than previously known for the Late Archaic period(Russo 1990). Most of the recent studies focused on the coastal sites, as have subsequent summaries and discussions. Recent work on the interior has made significant advances in documenting the extent of inland sites, especially in the Big Cypress and Everglades parks (Ehrenhard et al., 1978, 1979;Ehrenhard and Taylor 1980; Ehrenhard et al., 1980; Taylor and Komara 1983; Taylor 1984, 1985). Griffin's (1988) synthesis of the Everglades Park data is the defining work on south Florida archaeology to date. 10 Packet Page-3275- 9/9/2014 17.C. Beriault and colleagues (1981) reported on salvage excavations at Bay West Nursery (8CR200). Their description of the site represents the first documentation of a Middle Archaic mortuary pond in Collier County. In the last two decades the pressure of development as well as a recognized need for preservation or mitigation of prehistoric sites has led to a number of reports by cultural resource management consultants. While most of these reports are limited in scope due to restriction to a small tract of land, many have produced useful summaries of regional archaeology, as well as insightful analysis of the relationship between site types and location and ecotypes(Almy and Deming 1982, 1986a, 1986b, 1986c, 1987, Austin 1987, Can and Allerton 1988, Deming and Almy 1987, 1988, Fay and Can 1990, Fuhrmeister et al. 1990,Martinez 1977. Arthur W. Lee, John Beriault and others in the Southwest Florida Archaeological Society (SWFAS) have recorded and investigated a large number of archaeological sites in Collier and Lee Counties. It is an ongoing effort of the Society to publish and disseminate reports and manuscripts (Lee et al., 1993, 1997, 1998; Beriault, 1973, 1982, 1986, 1987; Beriault and Strader, 1984). Many of these reports deal with small interior seasonal sites. In addition, Beriault has provided several unpublished manuscripts as to site types and areas (Beriault 1982, 1987). Archaeological surveys by the Archaeological and Historical Conservancy (AHC) conducted in the project area include work done in the Mediterra development one half mile north of the project parcel with the discovery of one archaeological site (Beriault and Carr 1999) and in Tuscany Reserve, Vasari and the Piper-Wilson Tracts with the discovery of the Sumac Mound, 8CR808 (Beriault and Can 2000). Other cultural resource assessment surveys performed in the general parcel area include historical/architectural assessments (Florida Preservation Services 1986), planned unit developments (Beriault and Can 1999, 2000; Almy, 1999, 2000; and Archaeological Consultants, Inc 2012) cell tower locations (Florida History, LLC 2008) and road ROW assessments(Estabrook 1992). LITERATURE REVIEW A search was requested on 12/12/13 with the Florida Division of Historic Resources for archives and literature associated with the project area. This included site forms from the Master Site File in Tallahassee of previously recorded archaeological sites on the project parcel and within one mile of the parcel as well as reports on cultural resource assessments conducted within one mile of the project parcel (Tables 2, 3). Table 1. Literature Review Summary Previously Recorded Sites: 1 Within Project Parcel(likely) 0 Within One Mile of Project Parcel 1 (8CR808) Previous Investigations: 8 ""—■ 11 Packet Page-3276- 9/9/2014 17.C. In Project Parcel 0 Within One Mile of Project Parcel 8 A review of Florida site files determined that no previously recorded archaeological or historical sites occur within the project parcel and that one archaeological site occurs within one mile of the project parcel. Table 2. Previously Recorded Sites Summary' Site No. Site Name Site Type References In Survey Outside of Parcel Parcel Site Form on File, Division of Historic 8CR00808 Sumac Mound Prehistoric sand mound Resources, X Tallahassee, Florida Note: 'Based on sites within or adjacent to the survey parcel. A review of the state report files indicated eight cultural resource assessments previously conducted within one mile of the project parcel (Table 3). Table 3. Previous Cultural Resource Assessments' NoNey Date Author Title In Parcel pares 1108 1986 Florida Preservation Historical/Architectural Survey of Collier X Services County,Florida Cultural Resource Assessment Survey of the 3450 1992 Estabrook,Richard W. Proposed Livingston Road Alignments Between X Old U.S,41 and SR846,Collier county,Florida 5601 1999 Beriault, John G. and An Archaeological Survey of the Mediterra X Carr,Robert S. property, Collier and Lee Counties,Florida Cultural Resource Assessment Survey Royal 5760 1999 Almy,Marion Palm International Academy, Collier County, X Florida 5956 2000 Al my,Marion Cultural Resources Assessment Survey X Villages of Madeira, Collier County,Florida Beriault, John G. and An Archaeological Survey of the Mediterra 6606 2000 X Carr,Robert S. Property,Collier and Lee counties,Florida An Archaeological and Historical Survey of the 15900 2008 Florida History,LLC 6NC1032 North Naples Middle School Tower in X Collier County,Florida 19476 2012 Archaeological Cultural Resource Assessment Survey 50-acre X Consultants,Inc. Tract,Collier County,Florida Note: 'Based on assessments within one mile of the survey area 12 Packet Page-3277- 9/9/2014 17.C. _ _. { .Y — — -- ±i CR0 0i-808 l tEE Co "-- — «�f cn i=tee ce_I r it kw � — � *' w L rc'" — ----may ( q� i Ye 'i �•lt l''' Sk I.�e f ' �. PROJECT 0 } ' , PARCEL ' — , w• VM.c phi..fr t- .1:�: J ■F u"ex .,.-,..+ . I -„..,d r .._v m-. -� -1 it _ . b' k .uF" 4:::.:1 f I d -;,.-,. V..•:”Z: .' . !'-' 0, *."'---7:. ..:;°'::'':•::-.-'-.-::-.,1";;;: --- - ,), V.,,, ,1,,,, • Sr R * )' 4 _ ''-' i x a. Figure 7. USGS Map of the RMC-Enclave MPUD parcel showing the location of all previously recorded sites within a one mile radius of the project parcel. N ..... TOWNSHIP 48S,RANGE 25E,SECTION 13 �� 0 118 1/4 112 Mile approx. USGS Map: BONITA SPRINGS,REV.1991 0 .2 .4 .8 Km,approx. 13 Packet Page-3278- 9/9/2014 17.C. CULTURAL SUMMARY Stirling was the first to distinguish the indigenous prehistoric cultures of southern Florida in 1936 by defining a Glades cultural area, including all of south Florida (Carr et al. 1994b:9; Milanich, 1994:5-6). Griffin (1988) pointed out that this was not formulated as a strict cultural area, but it was rather a geographic region with some common cultural traits. Kroeber (1939), in a review of North American prehistory, utilized a slightly different term,the "South Florida Area,"basing his definition on both environmental and cultural factors. Subsequently Goggin delineated more particular boundaries for southern Florida and divided the region into three sub-areas: "Okeechobee" around Lake Okeechobee, "Tekesta" for southeast Florida and the Florida Keys, and "Calusa" for Southwest Florida(Carr et al. 1994b:10; Goggin 1947:114-127). Following Goggin's study, subsequent researchers have refined or altered the cultural distinctions attributed to southern Florida's prehistoric populations. There has been criticism that Goggin's names and definitions were based on historic accounts of the main(proto) historic groups found in the respective regions and not on the archaeological evidence of spatial, temporal, and cultural differences (Sears 1966; Griffin, 1974; Can and Beriault 1984; Griffin, 1988). Griffin, in particular, questioned the distinctions. He believed that South Florida cultures varied only by local environmental conditions and ceramic exchange rates. Griffin believed the inhabitants of prehistoric southern Florida were mainly dwelling on the coast and that the interior was nearly uninhabited and under- utilized. Griffin designated the entire southern Florida region as the "Circum-Glades" area(Eck 1997:5; Griffin 1974:342-346). This new designation for the area was furthered by a widely circulated book on Florida archaeology by Milanich and Fairbanks (1980). Griffin later (1988) retreated to some extent from his earlier position as further research (particularly by Ehrenhard, Carr, Komara, and Taylor in the Big Cypress and Carr in the eastern Everglades in the 1970s and 1980s) showed abundant sites (and concomitant use and habitation)in the interior and Everglades. Can and Beriault, in particular, have taken issue with the concept of a Circum-Glades region. Carr's research in the Big Cypress and Everglades and his subsequent analysis demonstrating variation of key cultural markers (particularly in decorated ceramics) formed the basis for this contention. There is abundant evidence for cultural (and probably political or tribal) diversity in the various areas of south Florida. Can and Beriault particularly noted and defined differences between the lower southwest Florida coast, which they termed the "Ten Thousand Island" region, and the area to the north, which they called the "Caloosahatchee" region. This latter area they believed to be the seat of the historic Calusa chiefdomship, although previous (and some subsequent) researchers have called the entire southwest Florida from Cape Sable to the Cape Haze peninsula(and beyond) in Charlotte County"Calusa." Griffin, in his definitive 1988 synthesis on Everglades archaeology, attempted to reconcile and refine some of the conflict in the definition of south Florida prehistoric and historic culture areas. As stated by Can and colleagues (1994b), "the issue...appears in part to be one of trying to determine the significance of regional and temporal variation, 14 Packet Page-3279- 9/9/2014 17.C. rather than whether these differences are real." There is evidence that changes through time in regional political affiliations or realties makes any model not addressing this complex issue two-dimensional. The Calusa hegemony that was in place by the time of the arrival of Europeans may have begun as early as 800 AD in the Ten Thousand Island "district" or area (Griffin 1988:321; Carr et al. 1994b:12). There is currently ongoing research to further refine present thought as to cultural affiliations in south Florida. It would seem only a matter of time before new directions and emphases provide a more accurate summation of south Florida cultural affinities. Using the present models, the coastal zones of Collier County and southern Lee County contain three distinct culture areas. Indian Hill on Marco Island lies thirty miles from the projected interface by Can and Beriault (1984) of the Caloosahatchee area (called the "the `heartland' of the Calusa," Can et al. 1994b:12)to the north, and the Ten Thousand Islands area to the south. At a yet undefined point to the east lies the Okeechobee cultural area,but the boundary, if it is a definite, fixed one, is likely to occur in the vicinity of the Immokalee rise forty miles or more to the northeast of Indian Hill. Further work is in progress by Can to address the issue of where the southwest boundaries of the Okeechobee culture area occur. TEMPORAL PERIODS The following information is generalized and abbreviated. The dates are approximate; transitions between periods are in reality more gradual that the manner they are expressed for convenience. �. PALED PERIOD (14,000 - 8,500 BP) During the Paleo Period, Native Americans began moving into the southeastern portion of North America into Florida. Most evidence of their presence in Florida can be reliably dated to about 10,000 BP. There are no known Paleoindian sites in Collier County. Several are documented from elsewhere in south Florida, including Warm Mineral Springs and Little Salt Springs in Sarasota County (Cockrell and Murphy 1978; Clausen and Gifford 1975),Harney Flats in Hillsborough County (Daniel and Wisenbaker, 1987) and the Cutler Fossil Site in Dade County (Can 1986). During this period, the terminal Wisconsian ice age, the climate was probably less extreme, with cooler summers and warmer winters. The climate was also drier, and sea levels were lower(Carbone 1983; Can 1986; Griffin 1988). One reason that possible Paleo period sites have not been discovered in Collier and Lee Counties is that the shoreline may have been as much as 100 miles further west due to lower sea levels. Drier conditions may have made the interior very inhospitable, and the shallow estuarine and littoral sites that existed were flooded by post-ice age Holocene sea rises. 15 Packet Page-3280- 9/9/2014 17.C. .-. Any possible interior sites from the Paleo Period may be unrecognizable due to lack of diagnostic artifacts, low population density, and few permanent camps. These and other factors may help explain the absence to date of identifiable Paleo period sites in Collier and Lee Counties. ARCHAIC PERIOD (8,500 - 2,500 BP) The Archaic period reflects a post-Pleistocene shift in adaptation marked by an increase in the seasonal exploitation of a broad spectrum of food resources, a more restricted use of territory due to regional specialization, and more semi-sedentary habitation sites. No ceramics are known until the Late Archaic. During the Archaic, regional specializations became more marked, not only with material culture but also with distinct local utilization of local plant and animal resources. As mentioned above, there is, as yet, no firm evidence of human presence in southwest Florida during the Paleo period. This apparently is also true for the Early Archaic (8500- 7000BP), as there is evidence of an environment too arid to support scrub oak, and the presence of shifting wind formed dunes (Watts 1975; Widmer 1983). No early Archaic sites are known from southwest Florida(Allerton and Carr 1988:14). By about 6500 BP mesic conditions began to spread, although localized xeric conditions continued (and still exist in some areas) through south Florida. Middle Archaic sites dating from this time are rare, although the Bay West Nursery site (8CR200) in Collier County and the Ryder Pond site (8LL 1850) in Lee County near Bonita Springs provide evidence of occupation, as do several sites in southeast Florida. The Bay West site is a Middle Archaic cypress pond cemetery, associated with a lithic scatter. The Ryder Pond site is a similar mortuary pond site surrounded by pine flatwoods (Carr and Heinz 1996). Beriault has also recorded several aceramic shell scatters in coastal sand hills (paleo dunes), some of which may date to the Middle Archaic. Griffin (1988) summarizes evidence indicating that despite the rise of available surface water, brackish estuaries and other major modern landscape features had not formed, and population (or repopulation) was still sparse. During the Archaic period sea levels began to rise at a fairly rapid rate, estimated at 8.3 cm. per 100 years 6000-3000 BP, and 3.5 cm per 100 years afterwards (Scholl et al. 1969), although whether sea levels were steadily rising or oscillating is still unclear (see Griffin 1988; Allerton and Can 1990 for recent reviews of the literature). Data is somewhat difficult to sort out as sea level rise was accompanied by both shore regression and transgression in places. As conditions became wetter (and warmer) in the interior, cypress swamps and hardwood sub-tropical forests established themselves by about 5000 BP (Carbone 1983,Delcourt and Delcourt 1981). By late Middle or early Late Archaic times (4000 years BP) there were significant shell mounds and middens on Horrs Island, Marco Island, and elsewhere in the coastal regions, suggesting that the estuary system had been established and was being utilized to provide the subsistence basis for denser populations and semi-sedentary settlements (Morrell 1969; Cockrell 1970). At Useppa Island in Lee County, excavations have provided 16 Packet Page-3281- 9/9/2014 17.C. radiocarbon dates from pre-ceramic shell middens ranging between roughly 4900 BP and 5600 BP, suggesting that the Middle Archaic as well as Late Archaic periods saw a growing dependence on shellfish resources (Milanich et al. 1984). There are aceramic coastal sand hill and interior wetland sites as well, but these have not been demonstrated to be Archaic despite some investigators equating aceramic with preceramic. Radiocarbon dates for these sites would clarify this point. Allerton and Can (1988) noted that a number of stratified sites in the wet mangrove and marsh areas of the Everglades, as well as on Horrs Island, contain Archaic preceramic horizons, although it is unclear if aceramic was equated with preceramic. Additional supporting evidence of interior use by Archaic peoples will provide a new dimension to the archaeological understanding of Archaic resource utilization. Allerton and Carr point out that if the wet tree islands were initially used by Archaic people,then at least some of the hardwood hammocks in swamp environments were of higher elevation (with subsequent changes in vegetation) due to human activities. Post-Archaic people extensively utilized these hammocks and continued to advance their development as distinct geomorphic features. This is obviously an area where additional archaeological investigations have a potential to contribute to understanding the interaction of geomorphic and cultural evolution in southwest Florida. Toward the end of the Archaic fiber-tempered pottery appears in southwest Florida, often used as a marker of the Orange Phase, commencing at about 4000 BP, either coincident with or soon after the development of the extensive shell middens. The Late Archaic Orange Phase subsistence strategy is characterized by intensive use of shellfish and marine resources, as well as being marked by an accelerated trend toward regional specializations. A number of the large shell middens on Marco Island (Cockrell 1970), Horrs Island (Russo n.d.), Cape Haze (Bullen and Bullen 1956), and elsewhere date from this period or earlier, as they contain fiber-tempered ceramics, although there are known aceramic (preceramic?) levels below the Orange Phase deposits that may date to the Middle Archaic. These shell middens are usually capped by deposits from later occupations as well. FORMATIVE STAGE OR GLADES PERIODS (2500 BP - 500 BP) The Formative or Glades adaptation, based on hunting, fishing, and the harvesting of shellfish and plants, was similar to the Archaic, but was characterized by increasing specializations in gathering strategies and tool-making. Earlier writers have typed this hunter-gatherer society as primitive or "low-level" (Kroeber 1939). However, there is certainly evidence from the specialization of tools, from the beautifully-executed wood carvings from Key Marco in Collier County and those from Fort Center near Lake Okeechobee (Cushing 1897; Sears 1982), and from the historic accounts of the Calusa hegemony, that the south Florida area had an advanced culture that Goggin (1964) has called a"stratified non-agrarian society." 17 Packet Page-3282- 9/9/2014 17.C. The preceding Late Archaic late Orange phase (also known as the transitional phase) was marked by changes in pottery, and terminated with the relatively rapid replacement of fiber-tempered pottery with sand-tempered, limestone-tempered, and chalky "temperless" pottery. It was also characterized by changes in ceramic style and often by reduction in the size of stone projectile points. The Formative Stage (beginning about 2500 BP) is divided in south Florida into the Glades Periods sequence. Subsistence adaptation is marked by a narrowing spectrum of resource use, as well as continued trends toward regional diversity and ecological specializations, marked in part by the proliferation of inland resource extraction encampments. Formative Period cultural evolution eventually led to increased political sophistication, perhaps initially of modest dimensions, but culminating in broad regional political alliances and regulation of materials and goods (i.e. resources) between the coast and inland areas (Milanich and Fairbanks 1980). By protohistoric and contact times the Calusa were the dominant tribal group, gaining broad political influence and at least partial control over much of south Florida as far north as central Brevard County. Historically, the main Calusa village has been regarded as "Calos" on Mound Key in Estero Bay in Lee County, although 50 to 70 large villages were under direct Calusa control by contact times(Griffin, 1988). During the Formative Periods, village sites grew to the proportions of large multi-use complexes, particularly along the coast and barrier islands of southwest Florida. Some of the projected intra-site functions of the elements of these complex shellworks were as temples, canals, causeways, temple and platform mounds, courtyards and watercourts. Current research involving the excavating of large contiguous areas of these shell mound complexes is beginning to establish demonstrable uses for the features of these large sites,upon which heretofore were merely speculated (Widmer 1996). Tidal estuary rivers and inland hammocks along deep water sloughs, marshes, and permanent ponds were seasonally visited for extraction of natural resources, and are now marked by small to relatively large black dirt middens, some of which may have been semi-permanent hamlets. The pine and cypress flatwoods appear to have supported few sites, although areas around Lake Trafford and other rich interior areas developed substantial sites, including sand mounds, and may be more similar to the Okeechobee cultural area than to the coastal cultures. In 1992, Dickel and Carr excavated a Deptford Period burial mound (the Oak Knoll Site) in the Bonita Bay Tract north of the Imperial River. Exotic trade items and seventy or more human burials were among the material findings. The resulting conclusions and subsequent surveying and testing of the Bonita Bay Shell works (8LL717) suggest social stratification and complexity may extend further back into the past than the Formative period(Dickel and Can 1992). Coastal sites (shell middens)reflect a predominate dependence on fish and shellfish, wild plant foods and products, and larger inland game. The inland sites show a greater reliance 18 Packet Page-3283- 9/9/2014 17.C. on interior resources, including large, medium and small mammals, turtle, small n freshwater fish, alligator, snake, frogs, and, sometimes, freshwater shellfish. Interior and coastal resource exchange can be documented by the consistent finds of moderate amounts of marine shell in many interior middens, as well as interior resources in coastal middens. The Formative Stage (with a nod to Goggin) has been often termed the Glades cultural tradition. Much of this "tradition" is focused on decorated ceramics, the minority in the archaeological record, although the majority of recovered (rim) sherds are plainware. However, despite this, pottery (and its decorations) is usually utilized as the major temporal marker(s) for fitting sites into a temporal framework. Changes in pottery do not represent mere changes in artistic motifs, but reflect inter- and intra-regional trade contacts and outside cultural influences (possibly through exogamy, shifting of populations, and even the through evolution of a culture through time). Whatever the influences,the Glades tradition is continuous from post-Archaic times to contact times. Despite the fact that exogamy is likely to have been practiced, traders or other specialists probably moved between major cultural areas in small numbers, and genetic flow probably accompanied cultural exchange, although perhaps not on the same scale. This may have increased in later times due to use of traditional obligations of kinship and intermarriage to stabilize alliances that were not codified into a formal legal system. The following table has been modified from several sources, but it is predominantly based on Milanich and Fairbanks (1980), Griffin (1988), and Allerton and Carr (1990). Dates have been rounded somewhat and translated to Before Present (BP). There are some differences of opinion in the dates, particularly about the timing of the Glades Ia and Ib division. Table 1: Glades Cultural Sequence Glades Ia(2500 BP- 1500 BP) Appearance of sand tempered plain pottery, but little else to mark a difference and the preceding Late Archaic. Sand tempered plain remains a predominate type throughout the Glades sequence. Glades Ib(1500 BP - 1250 BP) Appearance of decorated sand-tempered ceramic (Ft. Drum Incised, Ft. Drum Punctated, Cane Patch Incised, Turner River Punctate), plainware common. Pottery rim grooving and' incision decorations become widespread. Glades IIa(1250 BP - 1100 BP) Appearance of Key Largo Incised, Sanibel Incised, Miami Incised, and plainware is common. Distinction between ceramics of southeast and southwest Florida becomes apparent. Ten Thousand Island area distinct from Caloosahatchee 19 Packet Page-3284- 9/9/2014 17.C. area. First mound construction- increased social stratification? Population size may have approximated that at contact. Glades IIb (1100 - 1000 BP) Appearance of Matecumbe Incised; Key Largo Incised common on east coast, Gordon's Pass Incised common on the west, and plainware common throughout. Glades IIc (1000 BP - 800 BP) Appearance of Plantation Pinched, but few decorated wares with a preponderance of plainware (there is some evidence of population reduction- perhaps due to a cataclysmic event). Non-local pottery (e.g. St. Johns Plain and Check Stamped, Belle Glade Plain) appears. Glades IIIa(800 - 600 BP) Appearance of Surfside Incised, increasing quantities of St. Johns pottery (especially on East Coast), and Belle Glade pottery. Glades IIIb (600 BP - 500 BP) Glades Tooled rims appear (rare on West Coast), zoned punctate designs, but general decline in incised decoration. Belle Glade ceramics common on west coast. St. Johns ware present but rare on West Coast, common on East Coast. Glades IIIc (500 BP- 300 BP) Continuation of IIIb ceramics, with pronounced flaring of rims and embossing on Glades Tooled ceramics. Mound burial construction less common with intrusive burials into existing mounds, appearance of European goods,plainware common. HISTORICAL PERIOD By European contact times (the first half of the 16th century), the southwest coast of Florida was maintaining a vigorous, expanding political chiefdom with a broad network of alliances, as well as a rich and ancient cultural tradition without an agricultural base. However, direct conflict with Europeans and, more importantly, exposure to European diseases led to the rapid decline of the Calusa. By the mid 1700s their numbers had greatly diminished. The remnants of this once-powerful tribe may have left south Florida in the 1760s with the Spanish for relocation in Cuba. Others may have become indistinguishable from Spanish Cuban fishermen who worked the great fishing "ranchos" in the Pine Island Sound region catching and salting fish for export to Cuba. Other groups of Native Americans may have fused with the Creek-derived Seminoles. 20 Packet Page-3285- 9/9/2014 17.C. In the late 1700s, members of the Creek tribe were forced into Florida from Georgia and Alabama. They were later called Seminoles, possibly derived from the Spanish term "cimmarones." Pressures from colonial (and later) white encroachment on their traditional territories forced them into the Big Cypress and Everglades area by the 1830s. By this time, most of the cultural identity of pre-contact times had been lost, although some of the Calusa subsistence strategies may have been partly adopted by Seminoles. A number of Seminole period sites have been documented on earlier Glades middens. This coincidence may in part reflect the paucity of high land in the interior (Ehrenhard et al. 1978, 1979, 1980; Ehrenhard and Taylor 1980; Taylor and Komara 1983; Taylor 1984, 1985). Older midden sites (particularly those called "black dirt" middens) were often the foci for historic Seminole gardens and fruit groves. Seminole periods in south Florida are divided into I (1820-1860), II (1860-1900) and III (1900-1940) (Ehrenhard et al. 1978). Post-1940 Seminole camps are designated "Late Seminole" in some reports. These designations reflect the different stages of Seminole migration into south Florida, Seminole displacement and active conflict with the expanding American culture, and the eventual refuge by Seminole remnants in Big Cypress and Everglades regions. Military records, and, in particular, several sketch maps by military personnel done in the 1830s and 1840s and the Ives military map of South Florida (1856) shows evidence of investigations at and near "Malco Inlet," "Casimba," "Good Land,"and"Cape Romans." SEMINOLE WARS IN THE SOUTHWEST FLORIDA AREA The advent of the Second and Third Seminole Wars (1834-38, 1855-58) disrupted the peaceful settlement of the Southwest Florida region. There were several forts, "temporary"and permanent, established along the Caloosahatchee River during this time. Fort Dulaney was established at Punta Rassa near the mouth of the Caloosahatchee in 1837 and was occupied intermittently through 1841, and again in 1855. After a hurricane destroyed Ft. Dulaney in 1841, Fort Harvie was established upriver. The name of this fort was changed in 1850 by its commander General Twiggs to honor his new son-in-law, Col. Abraham Myers. Fort Myers was thus created, and became the chief fort of the region. From this central administrative point, a line of forts was established up the Caloosahatchee River. They were: Fort Denaud, Fort Adams, Fort Thompson, and Fort Center on Fisheating Creek leading into Lake Okeechobee. Other forts and "temporary depots" were established south into the Big Cypress Swamp such as Fort Simon Drum, Temporary Depot Number One, Fort Doane, Fort Simmons, Fort Keis, Fort Foster, Fort Shackleford, and others. REGIONAL HISTORY By the 1890s white settlers and homesteaders such as the Whiddens, Carrolls, Smiths, and Kirklands had hunted, settled or ranched in the area of Curry Island immediately south of Bird Rookery Slough and Corkscrew Swamp. These early settlers farmed the Henderson Creek area and hunted northward into Rattlesnake Hammock. The advent of the Immokalee Road (CR846) in the late 1950s further opened access to the area, and a sizable percentage of the region was cleared for large commercial farming operations. 21 Packet Page-3286- 9/9/2014 17.C. �-. The completion of the Atlantic Coastline Railway by 1928 also enabled logging of pine and cypress in the Big Corkscrew Island/Corkscrew Swamp area by the late 1940s as a series of logging trams allowed access by narrow-gauge logging locomotives into the surrounding country. By the late 1940s Bill and Lester Piper of Bonita Springs maintained a sizable ranching operation north of the Immokalee Road with a corral and chutes for loading cattle at a hammock called the Mule Pens. By the late 1960s several sections south of the Immokalee Road were opened for purchase to individual landholders, generally of 5 and 10-acre parcels. North-south roads constructed south from the Immokalee Road include Richards, Krape, Moulder, Rivers and Rock Roads. Many of the residents utilized early woods trails and old logging tram roads for access south into the northern-central blocks of Golden Gate Estates. By the late 1960s much of the area was cleared and being farmed commercially leaving only scattered patches of woodland. By the 1980s and 1990s developments such as Quail Creek, the Vineyards, Wiltshire Lakes, Island Walk, Village Walk and others were being platted on these former farm fields. In 1998 the Bonita Bay Development Company began an ambitious and extensive development named Mediterra in the area immediately south of Bonita Springs and east of Old U.S. 41. This project and the creation of Livingston Road to connect with Imperial Street in Bonita Springs would spur development in the area west of Interstate 75 and North of the Immokalee Road. The Livingston Road area today is experiencing increasing density of development with condominium communities and upscale single family home construction. 22 Packet Page-3287- 9/9/2014 17.C. METHODOLOGY Prior to conducting fieldwork in the project parcel, relevant archives and literature were reviewed. This included, but was not limited to, studying previous archaeological reports for sites in Collier County, reviewing information from the Master Site File in Tallahassee concerning nearby sites, and examining USGS maps of the project area. Also, black and white as well as color aerial photographs of the project area that could aid in revealing anthropogenic changes to the topography and floral communities, were interpreted. RESEARCH DESIGN The principal project goal was to systematically assess the entire parcel. A predictive archaeological site model based on topographic and vegetative attributes that are associated with prehistoric and historic sites in interior Collier County was used. This model postulates that live oak, tropical hardwood, and cabbage palm hammocks in close proximity to drainage sloughs, marshes, and creeks/rivers are medium to high probability areas for archaeological sites. The elevational information on the USGS quadrangle map for the area also was used. Based on a review of the aerial photographs the project corridor was determined to have a low probability of associated archaeological sites because the location is characterized by mesic to hydric slash pine/cypress flatwoods with no higher tree islands or hammocks adjacent to deeper sloughs or cypress heads occurring(Figures 3,4). FIELDWORK The parcel was shovel tested at 100-meter intervals along three transects. A total of 12 shovel tests were dug. All shovel tests were 50-cm diameter holes excavated to 100 cm depth where possible. If a hole was positive for cultural deposits, additional shovel tests were dug at 10-meter intervals on the cardinal directions from the positive hole. All dug sediments were screened through 1/4"-mesh hardware cloth and all cultural materials were collected. COLLECTIONS No cultural material was collected. 23 Packet Page-3288- 9/9/2014 17.C. _ ---- .L to L w 'I UMW; _e:e�r '.. t-- — i tip, Velez an5riot c>n©r ial-B lu,i t ..e.... 3 I I , A Z l xx 1J; ' ST-6 ST-9 C ST-10 e r ' a'i ST-5 _: ST-8 C ST-11 ■ ST-4 ST-7 ST-12 `;'`, `„i ST-3 ''t\. ST-2 ST-1 c , v a V ' Yom'' r,. N. ev Yn p 7,F E ,.i-ras14et idlf c-1 M y 1 1 4 lr ?,ia -coo-L: 1 Figure 8. 2012 color aerial orthophotograph of the RMC-Enclave MPUD parcel depicting the location of shovel tests. el=NEGATIVE SHOVEL TEST imin■ 1.■•••■ # 0 330 660 1320 Feet approx. .--. 0 100 200 400 Meters approx. 24 Packet Page-3289- 9/9/2014 17.C. RESULTS AND RECOMMENDATIONS A cultural resource assessment on the RMC-Enclave MPUD parcel did not result in the discovery of any cultural resource. Twelve shovel tests were dug. All were negative for archaeological material.No structures occur on the parcel. There is only a low probability that cultural material may occur on the parcel; however, if such materials are encountered during development activities then the consultant archaeologist and the Florida Division of Historic Resources should be notified. If human remains are found,then the provisions of Florida Statute 872.05 will apply. 25 Packet Page-3290- 9/9/2014 17.C. REFERENCES CITED Allerton,D and RS Carr 1988 An Archaeological Survey of the Shell Big Cypress Seismic Project (DNR permit G81-86).Manuscript on file,Archaeological and Historical Conservancy,Florida. Almy,Marion Royal Collier 1999 Cultural Resource Assessment Survey 60 on file, Division of Historic Resources, County, Florida. Report #5760 Florida. ty, 2000 Cultural Resources Assessment Survey Historic ResourcesollTallahassee, Florida. Report #5956 on file, Division of Hi Florida. Almy,MM and JG Deming 1982 Cultural Resources Survey of the Emerald Lakes Tract in Northwest Collier County,Florida. Archaeological Consultants Inc., Sarasota FMSF#902. 1986a Archaeological Assessment Survey of Twelve Lakes, Collier County,Florida. Archaeological Consultants Inc., Sarasota. 1986b Archaeological Assessment of Bretonne Park, Collier County, Florida Archaeological Consultants Inc., Sarasota. 1986c Archaeological Assessment of City Gate Commercial Park, Collier County, Florida. Archaeological Consultants Inc., Sarasota. 1987 Archaeological Assessment Survey of Designated Potions of the Woodlands in Collier County,Florida. Archaeological Consultants Inc.,Sarasota. Archaeological Consultants,Inc. 50-acre Tract, Collier County, Florida. 2012 Cultural Resource Assessment Survey Report#19476 on file,Division of Historic Resources,Tallahassee,Florida. Beriault, JG ge Tract, 1973 A Preliminary Report on the Area Known at FMSF,11Tallahassee�dand AHC, Southwest Florida. Unpublished Ms, on Miami. the Barron Collier Company Tract on 1986 Report and Recommendations Conc F�Florida,MS on file,AHC. Chokoloskee Island,Collier County, 1987 Suggestions for a Collier County site Model, a report submitted to the Archaeological and Historical Conservancy, December 15th, 1987. MS on file, AHC. 26 Packet Page-3291- 9/9/2014 17.C. 1998 An Archaeological Survey of the Standerfer Parcel, Lee County, Florida. AHC Technical Report #226. 1999 An Archaeological Survey of the Winding Cypress Property, Collier County, Florida. Report#7248 on file,Division of Historic Resources, Tallahassee,Florida. Beriault, JG, RS Carr,J Stipp,R Johnson, and J Meeder 1981 The Archaeological Salvage of the Bay West Site, Collier County, Florida. In Florida Anthropologist 34(20):39-58. Beriault, JG and C Strader 1984 A Preliminary Report on Stratigraphic Excavation on Chokoloskee Island, Florida. Southwest Florida Archaeological Society, MS on file, ABC. Beriault, John G. and Robert S. Carr 1999 An Archaeological Survey of the Mediterra property, Collier and Lee Counties, Florida. Report #5601 on file, Division of Historic Resources, Tallahassee, Florida. 2000 An Archaeological Survey of the Mediterra property, Collier and Lee Counties, Florida. Report #6606 on file, Division of Historic Resources, Tallahassee, Florida. Beriault, John G.; Joseph Mankowski,John Crump 2006 A Phase I Archaeological Assessment of the Immokalee Road Parcel, Collier County,Florida. AHC Technical Report #755. Bullen, RP and AK Bullen 1956 Excavation on Cape Haze Peninsula, Florida. Contributions of the Florida State Museum. Social Sciences I, Gainesville, Florida. Carr,RS and D Allerton 1988 An Archaeological Survey of North Keewaydin Island, Collier County, Florida. Archaeological and Historical Conservancy,Miami, Florida. Carr,RS and JG Beriault 1984 Prehistoric Man in South Florida. In PJ Gleason (ed), Environments of South Florida:Present and Past H. Coral Gables:Miami Geological Society,FL.pp. 1-14. Carr, RS and K Heinz 1996 Archaeological Excavations at the Ryder Pond Site, 8LL1850,Lee County,FL. April, 1986. Carr, RS, W Steele and J Davis 1994a A Phase I Archaeological and Historical Assessment of the Piper Tract, Collier County,Florida. April, 1994. 27 Packet Page-3292- 9/9/2014 17.C. 1994b A Phase II Archaeological and Historical Assessment of the Piper Tract, Collier County,Florida. June, 1994. Carr,Robert S.,John Wesley White,Michael Grady, John G. Beriault 2013 A Reconnaissance Cultural Resources Assessment of the Olde Florida Country Club Parcel, Collier County,Florida.ABC Technical Report#982. Clausen, C and J Gifford 1975 Florida spring confirmed as 10,000 year old early man site. The Florida Anthropologist 8(3), Part 2. Cushing,FH 1897 Exploration of Ancient Key-Dwellers' Remains on the Gulf Coast of Florida. Proceedings of the American Philosophical Society, Philadelphia 35 (153): 1-329-448. Daniel,RI and M Wisenbaker 1987 Harney Flats. Baywood Publishing Company, Farmingdale,New York. Dickel, D and RS Can 1992 Archaeological Investigations at Bonita Bay Properties,Phase II. Lee County, FL. AHC Technical Report#49. Ehrenhard,JE, RS Carr,and RC Taylor 1978 The Archaeological Survey of Big Cypress National Preserve: Phase I. National Park Service, Southeast Archaeological Center, Tallahassee,Florida. 1979 The Big Cypress National Preserve: Archaeological Survey Season 2. National Park Service, Southeast Archaeological Center, Tallahassee,Florida. Ehrenhard,JE and RC Taylor 1980 The Big Cypress National Preserve: Archaeological Survey Season 3. National Park Service, Southeast Archaeological Center, Tallahassee,Florida. Ehrenhard,JE,RC Taylor, and G Komara 1980 Big Cypress National Preserve Cultural Resource Inventory Season 4. National Park Service, Southeast Archaeological Center, Tallahassee,Florida. Estabrook, Richard W. 1992 Cultural Resource Assessment Survey of the Proposed Livingston Road Alignments Between Old U.S, 41 and SR846, Collier county, Florida. Report #3450 on file,Division of Historic Resources,Tallahassee, Florida. Fay, P and RS Can 1990 An Archaeological Review Of Select Sites of Impact in the National Panther Refuge, Collier County,Florida.AHC Technical Report#22. Florida History,LLC 28 Packet Page-3293- 9/9/2014 17.C. 2008 An Archaeological and Historical Survey of the 6NC 1032 North Naples Middle School Tower in Collier County, Florida. Report #15900 on file, Division of Historic Resources, Tallahassee, Florida. Fradkin,A 1976 The Wightman Site: A Study of Prehistoric Culture and Environment on Sanibel Island, Lee County, Florida. M.A. Thesis, Department of Anthropology, University of Florida, Gainesville. Fuhrmeister, C,RJ Austin, and H Hansen 1990 Cultural Resource Assessment Survey of the Collier Tract 22 Development Site, Collier County, Florida. Piper Archaeological Research Inc. St. Petersburg, Florida. FMSF 2423. Goggin,JM 1939 A Ceramic Sequence in South Florida.New Mexico Anthropologist 3:36-40. 1947 A Preliminary Definition of Archaeological areas and Periods in Florida. American Antiquity 13:114-127. 1949 The Archaeology of the Glades Area. Unpublished MS on file, SE Archaeological Research Center,NPS, Tallahassee, Fl. 1949 Cultural Traditions in Florida Prehistory. In J.W. Griffin (editor) The Florida Indian and his Neighbors. Winter Park, Florida: Rollins College. Goggin,JM and WC Sturtevant 1964 The Calusa: A Stratified, Nonagricultural Society (with notes on sibling marriage). In W Goodenough (editor) Explorations in Cultural Anthropology: Rays in Honor of George Peter Murdock New York:McGraw Hill.Pp. 179-291. Hrdlicka,A 1922 The Anthropology of Florida. Deland, Florida: Publications of the Florida State Historical Society 1. Hutchinson,Lee 2001 A Cultural Resource Assessment Survey I-75 from SR951 to south of Bonita Beach Road, Collier County, Florida. Report #6803 on file, Division of Historic Resources, Tallahassee,Florida. Kroeber, AL 1939 Cultural and Natural Areas in Native North America. Berkeley: University of California Press. Lee, AR,JG Beriault, W Buschelman,J Belknap 1993 A Small Site - Mulberry Midden, 8CR697 - Contributes to Knowledge of the Transitional Period. The Florida Anthropologist 46:43-52. 29 Packet Page-3294- 9/9/2014 17.C. Lee,AR,JG Beriault,J Belknap, WM Buschelman,AL Snapp and JW Thompson 1997 Salvage Excavation of an Archaic Period Special-Purpose Site in Collier County. The Florida Anthropologist 50:11-24. 1988 Heineken Hammock, 8CR231: A Late Archaic Corridor Site in Collier County. Southwest Florida Archaeological Society.Naples, Florida. Marquardt, WH 1984 The Josslyn Island Mound and its Role in the Investigation of Southwest Florida's Past. Gainesville: Florida State Museum, Department of Anthropology, Miscellaneous Project Report Series 22. 1987 The Calusa Social Formation in Protohistoric South Florida. In T.C. Patterson and C.W. Gailey(editors) Power Relations and State Formation. Washington,D.C.: Archaeology Section,American Anthropological Association,pp. 98-116. 1988 Politics and Production Among the Calusa of South Florida. In T. Ingold, D. Riches, and J. Woodburn(editors) Hunters and Gatherers 1:History, Evolution, and Social Change. London: Berg Publishers,pp. 161-188. 1992 Recent Archaeological and Paleoenvironmental Investigations in Southwest Florida. In W.H. Marquardt (editor), Culture and Environment in the Domain of the Calusa. Gainesville: Institute of Archaeology and Paleoenvironmental Studies. Monograph 1, University of Florida, pp. 9-58. Milanich, JT. and CH Fairbanks 1980 Florida Archaeology. New York: Academic Press. Moore, CB 1900 Certain Antiquities of the Florida West Coast. Journal of the Academy of Natural Science,Philadelphia 11:369-394. 1905 Miscellaneous Investigations in Florida. Journal of the Academy of Natural Science, Philadelphia 13:299-325. 1907 Notes on the Ten Thousand Islands. Journal of the Academy of Natural Science, Philadelphia 13:458-470. 1969 Fiber-tempered Pottery from Southwestern Florida. Abstract of presented paper, American Anthropological Association Annual Meeting, New Orleans, on file at AHC. Penton,Daniel 1991 A Phase I Cultural Resource Assessment of the Wiltshire Lakes Development, Collier County, Florida. Report #2673 on file, Division of Historic Resources, Tallahassee, Florida Russo,M 30 Packet Page-3295- 9/9/2014 17.C. 1990 Report I on Archaeological Investigations by the Florida Museum of Natural History at Horrs Island, Collier County,Florida.FMSF 2353. Scholl, DW,FC Craighead,and M Stuiver 1969 Florida Submergence Curve Revisited: Its Relation to Coastal Sedimentation Rates. Science 163: 562-564. 1967 Archaeological Survey of the Cape Coral Area at the Mouth of the Caloosahatchee River. The Florida Anthropologist 20: 93-102. 1982 Fort Center:An Archaeological Site in the Lake Okeechobee Basin. Gainesville: University of Florida Press. Stirling, MW 1931 Mounds of the Vanished Calusa Indians of Florida. Smithsonian Institution Explorations and Field Work for 1930: 167-172. 1933 Report of the Chief.Bureau of American Ethnology Annual Report 48:3-21. 1936 Florida Cultural Affiliations in Relation to Adjacent Areas. In Essays in Anthropology in Honor of Alfred Louis Kroeber. Berkeley: University of California Press,pp 351-357. Taylor,RC n 1984 Everglades National Park Archaeological Inventory and Assessment Season 2: Interim Report. National Park Service, Southeast Archaeological Center, Tallahassee,Florida. 1985 Everglades National Park Archaeological Inventory and Assessment Season 3: Interim Report. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Taylor,RC and G Komara 1983 Big Cypress Preserve Archaeological Survey: Season S. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. 1983 The Evolution of the Calusa, a Non-agricultural Chiefdom on the Southwest Florida Coast. Ph.D. thesis, Pennsylvania State University, distributed by University Microfilms International, Ann Arbor,Michigan. 31 Packet Page-3296- 9/9/2014 17.C. APPENDIX I: SURVEY LOG 32 Packet Page-3297- 9/9/2014 17.C. Page 1 erg, EntD :WE°n1. L Survey Log Sheet su e = MS. , Florida Master Site File Version 4.1 1/07 Consult Guide to the Survey Log Sheet for detailed instructions. Identification and Biblio e ra.hic Information Survey Project(name and project phase) RMC-Enclave MPUD Phase I,2013.122\ Report Title (exactly as on title page)A Phase I Cultural Resource Assessment of the RMC-Enclave MPUD Parcel, Collier County, Florida Report Author(s) (as on title page—individual or corporate;last names first) Carr, Robert S.;White,John Wesley; Faulkner, Scott; Beriault,John G. Publication Date (year) 2013 Total Number of Pages in Report(count text,figures,tables, not site)31 Publication Information (Give series and no.in series,publisher and city. For article or chapter,cite page numbers. Use the style of American Antiquity.) AHC Technical Report#1006 Supervisor(s) of Fieldwork (whether or not the same as author[s]; last name first)Carr, Robert S. Affiliation of Fieldworkers(organization,city)Archaeological and Historical Conservancy, Inc. Key Words/Phrases(Don't use the county,or common words like archaeology, structure, survey, architecture. Limit each word or phrase to 25 characters.) Livingston, Enclave Survey Sponsors (corporation,government unit,or person who is directly paying for fieldwork) Name Enclave Livingston, LLC,do Randall Mitchell Companies Address/Phone 1055 Crosspointe Dr,Naples,FL 34110 (239)514-8382 Recorder of Log Sheet Beriault,John G. Date Log Sheet Completed 12-19-13 Is this survey or project a continuation of a previous project? X No 0 Yes: Previous survey#(s)(FMSF only) Mal 'in. Counties (List each one in which field survey was done-do not abbreviate;use supplement sheet if necessary)Collier USGS 1:24,000 Map(s) : Map Name/Date of Latest Revision (use supplement sheet if necessary): Bonita Springs,rev.1991 Descri I don of Sum Area Dates for Fieldwork: Start_12-16-13_ End_12-17-13 Total Area Surveyed (fill in one) hectares 28.38_acres Number of Distinct Tracts or Areas Surveyed One If Corridor(ru in one for each): Width meters feet Length kilometers _ miles HR6E066R0107 Florida Master Site File,Division of Historical Resources,Gray Building,500 South Bronough Street,Tallahassee,Florida 32399-0250 Phone 850-245-6440,FAX 850-245-6439,Email:SiteFile@dos.state.fl.us Packet Page -3298- 9/9/2014 17.C. Page 2 Survey Log Sheet Survey# Research and Field Methods Types of Survey(check all that apply): X archaeological 0 architectural X historical/archival 8 underwater 8 other: Preliminary Methods (4Check as many as apply to the project as a whole.) 0 Florida Archives(Gray Building) 0 library research-local pub/ic 0 local property or tax records X other historic maps 0 Florida Photo Archives(Gray Building) 0 library-special collection-non local 0 newspaper files X soils maps or data X Site File property search X Public Lands Survey(maps at DEP) X literature search X windshield survey X Site File survey search X local informant(s) 0 Sanborn Insurance maps X aerial photography X other(describe)Pedestrian survey Archaeological Methods (4Check as many as apply to the project as a whole.) 8 Check here if NO archaeological methods were used. 8 surface collection,controlled 0 other screen shovel test(size: ) 0 block excavation(at least 2x2 M) 0 surface collection,uncontrolled 0 water screen(finest size:_) 0 soil resistivity Xshovel test-1/4"screen 0 posthole tests 0 magnetometer 8 shovel test-1/8"screen 0 auger(size:_) 0 side scan sonar 8 shovel test 1/16"screen 8 coring 0 unknown 0 shovel test-unscreened 8 test excavation(at least 1x2 M) X other(describe): Pedestrian Survey of entire parcel,excavation of 12 systematic shovel tests at 100-meter intervals Historical/Architectural Methods(4Check as many as apply to the project as a whole.) 8 Check here if NO historical/architectural methods were used. 8 building permits 8 demolition permits 0 neighbor interview 0 subdivision maps 0 commercial permits X exposed ground inspected 8 occupant interview 0 tax records 8 interior documentation 8 local property records 0 occupation permits 8 unknown X other(describe):Review of vintage aerial photographs Scope/Intensity/Procedures Review of vintage and recent aerials,literature Review,pedestrian survey,excavation systematically of 12 shovel tests at 100-meter intervals Surve Results (cultural resources recorded) Site Significance Evaluated?6Yes 8 No If Yes,circle NR-eligible/significant site numbers below. Site Counts: Previously Recorded Sites o Newly Recorded Sites)0 Previously Recorded Site#'s with Site File Update Forms(List site#'s without"8." Attach supplementary pages if necessary) Newly Recorded Site#'S (Are you sure all are originals and not updates? Identify methods used to check for updates,i.e.,researched Site File records. List site#'s without"8." Attach supplementary pages if necessary Site Form Used: X Site File Paper Form 8 SmartForm II Electronic Recording Form REQUIRED: ATTACH PLOT OF SURVEY AREA ON PHOTOCOPIES OF USGS 1:24,000 MAP(S) DO NOT USE SITE FILE USE ONLY DO NOT USE BAR Related BHP Related 0 872 8 1A32 # 0 State Historic Preservation Grant 0 CARL 0 UW 0 Compliance Review: CRAT# HR6E066R0107 Florida Master Site File,Division of Historical Resources,Gray Building,500 South Bronough Street,Tallahassee,Florida 32399-0250 Phone 850-245-6440,FAX 850-245-6439,Email:SiteFile@dos.state.fl.us Packet Page -3299- 9/9/2014 17.C. > -.('••a'e .: a'ir;,-- _ .p al y. "M n a . __ ..\\ 4 • - ;ti.T NR ,.rk zx ■`i 4k , �x n ,y' ii t.. A''�.�� - _ t'_"� `rir''.,'497,-; '4u}6.A- f II " + '[``L EI _ _ 2 j �7---M--- �'i ". '- �,o,\:,.. ,yT bk, -- M ^Y - - : -ta�— µ xM .: Y I • . nr �r H - Vim» 1 h ,0 ,40 s ' x PROJECT ,' j xY PARCEL i �. .—.,.... _ _,,_ _ , „,, , R y ,w, t� ...... „.„...,„. ,,„„... . ,.....,„,..„.„.., „.,,, i _ „. -, �� 1---kZa" t Cta. t# � 1 "'4 .. #� a m .. 4ek Ga4 :I r 1�► . " r « k'-f15 W� k F .ks va'+r� a•- ... ., �� ; 0 ffa . 'fit . s 4 s 1,ri . - ..., 11:41$`-' -s�� St. r li sr. : � . : S yj � ,. .-ter...6....nz., i li , _ _,. 4 f°" rb.. It v - ---1 -,—_...,.._. . 6� ! atbjry • X91+' 1 UJ fi i USGS Map of the RC-Enclave MPUD parcel. M 4 N TOWNSHIP 48S,RANGE 25E,SECTION 13 �� 0 1/8 1/4 1/2 Mile approx USGS Map: BONITA SPRINGS,REV.1991 0 .2 .4 .8 Km.approx. n• Packet Page-3300- X814,3 9/9/2014 17.C. ,,,x.4-q- RECEIVED ,,t__-: qs Ins 4��. OCT 2 8 2013 FLORIDA DEPARTMENT Of STATE pO�oret�O Associates, Inc, RICK SCOTT KEN DETZNER Governor Secretary of State Passarella&Associates October 18, 2013 13620 Metropolis Avenue,Ste,200 Fort Myers, Florida 33912 Re: DHR Project File No.:2013-4536/Received by DHR: October 7,2013 Project No,:08FPP1843 Applicant: South Florida Water Management District, USACOE,Collier County Project: RMC-Enclave MPUD Township 48S, Range 25E, Section 13 Collier County To Whom It May Concern, Our office received and reviewed the referenced projects in accordance with Chapters 267 and 373, Florida Statutes, Florida's Coastal Management Program, and implementing state regulations,for possible impact to historic properties listed,or eligible for listing, in the National Register of Historic Places,or otherwise of historical, architectural, or archaeological value. The State Historic Preservation Officer is to advise and assist state and federal agencies when identifying historic properties,assessing effects upon them,and considering alternatives to avoid or minimize adverse effects. A review of the Florida Master Site File(FMSF) indicates that there are no recorded archaeological or historical resources within the defined boundaries for the proposed project. However, an absence of cultural resources does not necessarily indicate that no sites are present.Areas with similar land features within Collier County are known to contain archaeological resources and this particular parcel has not been subject to professional investigation. Therefore, it is the request of this office that the project area be subjected to a professional cultural resource survey prior to any ground disturbing activities. The purpose of the survey will be to locate and assess any cultural resources that may be present. The resultant survey report must conform to the specification set forth in Chapter 1A- 46,Florida Administrative Code, and will need to be forwarded to The Division of Historical Resources, in order to complete the reviewing process for this proposed project and its impacts. The results of the analysis will determine if significant cultural resources would be disturbed by the project activities. In addition,if significant remains are located,the data described in the report(s)and the consultant's conclusions will assist this office in determining measures that must be taken to avoid, minimize, or mitigate adverse impacts to archaeological sites and historical properties listed,or eligible for listing in the NRHP,or otherwise significant. DIVISION OF HISTORICAL RESOURCES ' R. A. Gray Building • 500 South Bronough Street •Tallahassee, Florida 32399-0250 1 ,s......i., Telephone: 850.245.6300 •www.flheritage.com VIVA}[OR10A` OU. Commemorating 500 years of Florida history www.vivaflorida.com F[ORIDi1500. Packet Page-3301- 9/9/2014 17.C. SFWMD DHR Project File No.: 2013-4536 October 18, 2013 Page 2 Because this letter and its contents are a matter of public record, archaeological consultants who have knowledge of our recommendations may contact the applicant or their agent. This should in no way be interpreted as an endorsement by this agency. The Division of Historical Resources does not maintain a list of professional archaeologists who are qualified to work in the State of Florida and/or who meet the Secretary of the Interior's Standards for federally involved archeological projects as specified in 36 CFR 61 (see Federal Register:June 20, 1997 (Volume 62, Number 119,pages 33707-3372). However,the American Cultural Resources Association (ACRA) maintains a listing of professional consultants at www.acra-crm.org. In addition,the Register of Professional Archaeologists(RPA)maintains a membership directory that may be useful in locating professional archaeologists and other professional preservation consultants in your area(www.rpanet.org). Many qualified historic preservation professionals are not members of these organizations,and omission from the directories does not imply that someone does not meet the Secretary's Standards or that the resultant work would not be acceptable. Conversely,inclusion on the list is no guarantee that an archaeologist's work will automatically be acceptable. As with any contractor references and recent work history should be requested. For any questions concerning our comments, please contact Desiree Estabrook,Historic Sites Specialist, at Desiree.Estabrook edos.myflorida.com, or by phone at 850.245.6333. Sincerely, r Robert$-• endus,Director Division of Historical Resources and State Historic Preservation Officer Packet Page-3302- 9/9/2014 17.C. PASSARELLA c^51isag & ASSOCIATES z October 3, 2013 Ms. Laura Kammerer REC�/VED Florida Department of State Division of Historical Resources OCT Q 4 2073 R.A. Gray Building Q. Grady Minor 500 South Bronough Street &gssociates,Pq Tallahassee, Florida 32399-0250 RE: Review of Project for Cultural Resources • RMC-Enclave MPUD Project No. 08FPP1843 Dear Ms. Kammerer: Please accept this letter as a request for information regarding historical, archaeological, and cultural resources that may be present within the 28.38±acre RMC-Enclave Master Planned Unit Development (MPUD) (Project). The following information is provided in accordance with the Florida Department of State Division of Historical Resources (DHR) checklist, titled "Minimum Documentation for State and Local Reviews." DHR Involvement The DHR review is required as part of the South Florida Water Management Tlistrict (SFWMF) Environmental Resource Permit, the U.S. Army Corps of Engineers Dredge and Fill Permit, and the Collier County planning review process. Project Description The Project is a proposed commercial development in Naples, Florida. Project Location The Project is located in Section 13, Township 48 South, Range 25 East, Collier County (Figure 1). More specifically, it is on the west side of Livingston Road, north of Learning Lane, and south of Veteran's Memorial Boulevard. Location Map A Project location map and U.S. Geological Survey (USGS) quadrangle map are provided as Figures 1 and 2, respectively. Photographs An aerial photograph with the Project boundary is provided as Figure 3. Offices in Florida and South Carolina 13620 Metropolis Avenue•Suite 200•Fort Myers,Floe' - '„9) 274-0067•Fax: (239) 274-0069•www.Passarella.net Packet Page-3303- 9/9/2014 17.C. Ms. Laura Kammerer October 3, 2013 Page 2 Description of Project Study Area The Project site is currently a mixture of undeveloped, forested upland and wetland habitats and disturbed land. A FLUCFCS and wetlands map showing the Project boundary, vegetation classifications, and acreage is provided as Figure 4. A soils map for the Project is provided as Figure 5. Description of Buildings or Structures No buildings are currently located within the Project boundary. Recorded Archaeological Sites or Historic Buildings/Structures The applicant is not aware of any recorded properties in or adjacent to the Project study area or properties listed on the National Register of Historic Places. Should you have any questions, please do not hesitate to contact me. Thank you for your assistance in this matter. Sincerely, PASSARELLA &ASSOCIATES,INC. 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I, ile B NOTES. &I' LEGEND AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY Soil Unit Description Hydric RMC-ENCLAVE MPUD APPRAISERJANUARY'S OFFICE WITH A FLIGHT DATE , OF 2012 1;. .:=, NITRIC ----:, 14 PINEDA FINE SAND,LIMESTONE SUBSTRATUM YES B 18RIVIERAFINE SAND,umE8ToNE 8UEsmATu A YES ROADWAY NETWORKS WERE ACQUIRED I RED 21 BOCA FINE SAND NO FROMTHeFORI DAG EOGRA PHIDATA LBRARYwEBsITE, 0 100 200 SOILS MAPPING WAS ACQUIRED FROM THE FLORIDA GEOGRAPHIC DATA LIBRARY i Fee . STWEHEREBVSNII 1iETE Li IO9RC9ATI:R8 EE SR 02U0R0C7E AND S N DC 0 NC SR EE RA VT AE TD I OB NY 1 3-q DRAWN 131 DATE P.F. 8/13/12 phi ASSARELLA REVIEWED 13Y DATE FIGURE 5.SOILS MAP M.A.M. 8/13/12 co.tafir '4i u& ASSOCIATES 2 REVISED DATE . _ 2 RMC-ENCLAVE MPUD Packet Page -3309- 9/9/2014 17.C. RMC-ENCLAVE MPUD COLLIER COUNTY ENVIRONMENTAL DATA REPORT September 2013 Prepared For: Enclave Livingston,LLC do Randall Mitchell Companies 1055 Crosspointe Drive Naples, Florida 34110 (239) 514-8382 Prepared By: Passarella &Associates,Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No.08FPP 1843 Packet Page-3310- 9/9/2014 17.C. TABLE OF CONTENTS Page Introduction 1 Environmental Data Authors 1 Vegetation Descriptions 1 Listed Species Survey 6 Native Vegetation Preservation 7 References 9 Packet Page-3311- 9/9/2014 17.C. LIST OF FIGURES Page Figure 1. Project Location Map 2 Figure 2. Aerial with FLUCFCS and Wetlands Map 4 Figure 3. Native Vegetation Map 5 ii Packet Page-3312- 9/9/2014 17.C. LIST OF TABLES Page Table 1. Native and Non-Native Habitat Types and Acreages 7 Packet Page-3313- 9/9/2014 17.C. LIST OF EXHIBITS Page Exhibit 1. Listed Species Survey E1-1 iv Packet Page-3314- 9/9/2014 17.C. �-. INTRODUCTION The following environmental data (ED) report is provided in support of the zoning application for RMC-Enclave MPUD (Project). The ED was prepared in accordance with the Collier County ED submittal requirements outlined in Chapter 10.02.02 of the Collier County Land Development Code(LDC). The 28.38± acre Project site is located in Section 13, Township 48 South, Range 25 East, Collier County (Figure 1). More specifically, the property is found on the west side of Livingston Road and the north side of Learning Lane. Veterans Memorial Boulevard is approximately one- quarter mile to the north. The property is bound to the north and southeast by disturbed, forested lands that have been heavily invaded by exotic vegetation; to the east by Livingston Road and a cleared lot for future Fire Station No. 48; to the south by Learning Lane; to the west by North Naples Middle School; and to the northwest by Veterans Memorial Elementary School. The Project site itself is comprised mainly of forested uplands and wetlands that have been disturbed by the invasion of varying levels of exotic vegetation and an altered hydrologic regime. The following ED includes details regarding the authors of this report, vegetation descriptions for the various habitats on-site, results of the listed species survey conducted by Passarella & Associates, Inc. (PM) in May 2013, and the Project's minimum native vegetation preservation requirement. ENVIRONMENTAL DATA AUTHORS This ED report was prepared by Michael Myers and Bethany Brosious. They both satisfy the environmental credential and experience requirements for preparing the ED, per Section 10.02.02.A.2 of the Collier County LDC. Mr. Myers is a Senior Ecologist with PAI, with 21 years of experience in the environmental consulting industry. He holds a Bachelor of Science degree from Michigan State University in Wildlife Biology and Management. Ms. Brosious is an Ecologist with PAI, with seven years of consulting experience in the environmental industry. She holds a Bachelor of Science degree in Animal Sciences from the University of Florida and a Master of Science degree in Environmental Sciences from Florida Gulf Coast University. VEGETATION DESCRIPTIONS The Project's existing land uses include a combination of undeveloped, disturbed land and forested uplands and wetlands with varying degrees of exotic infestation. The vegetation associations for the property were delineated using January 2012 rectified color aerials (Scale: 1 Packet Page-3315- ,-- 9/9/2014 17.C.j - � ' n i 1 e•MES Y I Ilitiiiiiriiimit,,h, * ffflll _______, ert y` CORKSCREW RD -� r- 11 iji`9 41 ' \II I 1 Mil I �� OIL WELL RD �� I �, I TAMPA Mk ENWRO BEACH 4 1-GOLDEN GATE BLVD w•, _ OARA_G UR6 MA•• 734 R'!( ASAIll ciD µ. (\E w I IQY WI$T . # � ✓h r p _ �t h } r y t. 4s. {t gii: ,,�e'i ry� I S HARDEST•Y RD--'� _ y• g aka L.. .0 P�'.R�CE�k ..,v ,- _ < _ 9�o?Q NVAY -Y i E WAYS O�'GG 4."1�I \:\te 11 , s'• r�! Y`-" yr' �.y� 1 '.- kl� ". ''�" -' -. RCN ! �'''''' J� `\' _ T o � A., .. ` '_ ME�ITERRA:,,. 1 , - •I‘.'ry ��T. _ --- �0" ,>t,.lu_ �� - yy phi � �I- i/~ ....='' •Y ? - VIL'L, 1- ( c. ..b , F _ r,,N�CARRAR ,+r', \\,,', `-7 A,„. - - 1 a \O� N� E51 WAY 1 =1 I PISA :.::^a. 1I _' ,° 'OR CORS0 ' P I O _ ; ,'y` +; `LS/a%�- n'Fn)TF?R: MONTEROSSp'L �ry^ .�'I CELLIUN� �. - a"zr�c r r �- qc)R u. 'a't� � �"�" ` <a''.,r� x r x:2ho , a 1 °ti f... .e f ..; .... �._ ■ , .,ey`�. y iE> UONEfi,,,�'.: .poi �gf,•,1 ASS A� T 00 O.. " VETERANS•MEP90 RIH LiB LVD("""- • Y ! „�, z, - rte.' '-la ,,,. . , —' Fs -7.'f '' I e EAIRWAy T, e.Y'wy, *1. t>� _ ',Li:. I '1 PROJECT LOCATION ::, A..'_ J!'rr;C ? 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SaO!•C 4r, ,#` I !.4. .;K C ^- .K In LT 0 :y ''. ° � � 1 SADDLE ,.. nC c A 7.'1 rc Vie o Gc HL a .-s e*, `a'/� � ,,. t i.. -� ' ,�` w y i a ,''''...5-, �. w ...N ARg,:ow- ti;,° -` p t 'v Wp:'Ji i .. ° �S o, d �a � o�,c 1 ' Iti m Fw - y ,i' .`� ,._.a'm �. _ . , ,,..,,.` >-1-- ...,.a.. { ,e p4 p.;, , ti 1'-.�~ I .....,9,-,....... € 'i T HERITAGt VJAYr & �r d h I ) .4 [ •"e f -$ 1 I"° �D7 1* y,' ,�,� 31-r—. 4 .'yVIhH�K� i t-4:" ti .. .,I-.ya I .yl r-4'..A..11� ' � 4 ._ F,, { '�-t '"f^. ,Pte 4,-hL.�'- „ERIE yDRR-..- a I. a" s�l.J. 3 d_ , ^° MADISON DR'_..{,..r'''t h E _ O : - 7 v _ ,L,l'1, 4, .. . S .I KIi T,i-,N D�DaR �.a a.+ .d ><`i _' ...._c•._ I ' r-t:,C.•9....+ ....`' r--t,3t•'.:.rt :' It I' ��•�^. '. "ll :.. .26._ DRAWN BY DATE D.B. 5/22/13 5 FIGURE 1.PROJECT LOCATION MAP REVIEWED BY DATE PASSARELLA RMC-ENCLAVE MPUD B.B. 5/22/13 I711n2& ASSOCIATES Packet Page-3316- 2. 9/9/2014 17.C. 1"=200') and groundtruthing was conducted in August 2012. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). Level IV FLUCFCS was utilized to denote disturbance and "E" codes were used to identify levels of exotic species invasion (e.g., melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculifonnis), and Brazilian pepper (Schinus terebinthifolius)). AutoCAD Map 3D 2013 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the final FLUCFCS map (Figure 2). A total of six vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant habitat type on the property is Pine Flatwoods, Disturbed (25-49% Exotics) (FLUCFCS Code 4119 E2) accounting for 37.0 percent of the property (10.5± acres). Exotic vegetation documented on-site includes, but is not limited to,Brazilian pepper,melaleuca, java plum (Syzygium spp.), cogongrass (Imperata cylindrical), and earleaf acacia. The degree of exotic infestation ranges from 25 to 100 percent cover. The Project site contains 5.69± acres of South Florida Water Management District (SFWMD) and potential U.S. Army Corps of Engineers (COE) jurisdictional wetlands (Figures 2 and 3). The wetland limits were approved by the SFWMD on June 19, 2013 and to date, have not been reviewed by the COE. The jurisdictional wetlands identified by FLUCFCS code include approximately 5.69 acres of Cypress/Pine/Cabbage Palm, Disturbed (25-49% Exotics) (FLUCFCS Code 6249 E2). The on- site wetlands contain a large amount of exotic vegetation including Brazilian pepper, earleaf acacia, and melaleuca. The resulting acreage and a description for each FLUCFCS classification are outlined below. Pine Flatwoods, Disturbed(25-49%Exotics) (FLUCFCS Code 4119 E2) This upland habitat type occurs in scattered islands around the site and totals 4.17± acres or 14.7 percent of the Project area. The canopy and sub-canopy vegetation in this community are dominated by slash pine (Pinus elliottii), along with melaleuca. The sub-canopy also includes cabbage palm (Sabal palmetto), Brazilian pepper, wax myrtle (Myrica cerifera), and myrsine (Rapanea punctata). The ground cover is dominated by saw palmetto (Seranoa repens), along with lesser species such as spermacoce (Spermacoce verticillata), greenbriar (Smilax sp.), and poison ivy(Toxicodendron radicans). Pine, Disturbed (25-49%Exotics) (FLUCFCS Code 4159 E2' This habitat totals 10.50± acres or 37.0 percent of the Project area and is found throughout the site. The canopy and sub-canopy are co-dominated by slash pine and melaleuca. Slash pine is generally the tallest species and occupies over 25 percent of the canopy stratum. The sub-canopy also includes cabbage palm, Brazilian pepper, and beautyberry (Calicarpa americana). The ground cover contains scattered saw palmetto, spermacoce, foxgrape (Vitis munsoniana), poison ivy, cogongrass, gulfdune paspalum (Paspalum monostachyum), and wild coffee (Pyschotria nervosa). 3 Packet Page-3317- 9/9/2014 17.C. W +I +I +I +I +I +I +I NN < O�NI aa.5*)a<L)Q 0.4 �� W n N p Y tV Z l 0 0 1r al Ifs O N I-a O Z l 4.1 <, C ffi��-�.6 C U g a 0 N C.) V O F J O 1 y P•W F 8: a o Q = O S i P' O.. Ili LLg x H Q lV S S Z v�J Z a� yv H Q a , O Ci) O Q U k O' F,N J W I E P F = N M Q O 3 4411 0 oP 6 vw O n Q L.41 2 N w.�. W W m H W m W I�ggL�L � Qp to Q F CC OQ pO o > I zi .l6 f as -c rp '- h Z Z Q "$ (J� ((�J (A , f a .'' U m it' ` . ram- °Tr:. tt i r cW'1 -W a CJ F p O ; C 1- O W W y t 3 ,yyyy�. ,!Q :, ..--" W O a F Q W Q' C S P > 1 E 4°M V w,Ir �`O��R �{ y r J d; LL w O O Z O W LL Eg G LL 0 Q O "1\vV��` �vv' f `W�[ Q QO a y w G Q W J O Q m Q o 0. ./ f + co Q .-¢ Q =W '> =1. 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This habitat totals 5.52± acres or 19.5 percent of the Project area and is scattered throughout the site. The canopy and sub-canopy are dominated by melaleuca, along with slash pine. Although melaleuca is dominant, slash pine is generally the tallest species and occupies over 25 percent of the canopy stratum. The remaining species composition is similar to FLUCFCS Code 4159 E2, but the coverage levels are generally much less due to the dense mid-story and canopy coverage. Cypress/Pine, Disturbed and Drained(25-49%Exotics) (FLUCFCS Code 6245 E2) This habitat type totals 2.20±acres or 7.8 percent of the site and is located towards the southwest side of the Project area. The canopy and sub-canopy vegetation includes slash pine, melaleuca, earleaf acacia, and bald cypress (Taxodium distichum). The sub-canopy also includes Brazilian pepper, cabbage palm, myrsine, wax myrtle, and cocoplum (Chrysoblanus icaco). In this community, the ground cover is generally dominated by vines such as foxgrape, poison ivy, and Virgina creeper (Parthenoscissus quinquefolia). Other species include spermacoce, cogongrass, swamp fern (Blechnum serrulatum), and sawgrass (Cladium jamaicense). Cypress/Pine/Cabbage Palm, Disturbed(25-49%Exotics) (FLUCFCS Code 6249 E2) This potential wetland community extends along the west and south sides of the Project area and totals 5.69± acres or 20.0 percent of the site. The canopy and sub-canopy vegetation includes slash pine, bald cypress, cabbage palm, java plum, earleaf acacia, and melaleuca. The sub- canopy also includes Brazilian pepper, myrsine, and wax myrtle. The ground cover is generally dominated by swamp fern, along with gulfdune paspalum, sawgrass, and little blue maidencane (Amphicarpum muhlenbergium). Some vine species, as noted above, are present in this habitat, but to a much lesser extent than in the potential upland community types. Disturbed Land(FLUCFCS Code 740) This land use is located along the northeast side of the site and totals 0.30± acre or 1.1 percent of the Project area. The area appears to have been cleared as part of the construction for Livingston Road. The canopy vegetation is absent while the sub-canopy consists of scattered melaleuca and young slash pine. The ground cover is a mixture of species typical of disturbed areas and includes spermacoce, cogongrass, bahiagrass (Paspalum notatum), gulfdune paspalum, and sweet broom (Scoparia dulcis). LISTED SPECIES SURVEY A listed plant and wildlife species survey was conducted by PAI for the Project site on September 4, 2013. A previous survey was conducted on May 9 and 14, 2013. During the most recent survey, six gopher tortoise (Gopherus polyphemus) burrows were identified on the central and eastern portions of the Project site. Per discussions with Collier County staff at the September 4, 2012 pre-application meeting, the gopher tortoises may be moved off-site in accordance with the Florida Fish and Wildlife Conservation Commission (FWCC) Gopher Tortoise Permitting Guidelines (2013). The appropriate relocation permit will be obtained from the FWCC prior to the relocation. The survey methodology and results are provided as Exhibit 1. 6 Packet Page-3320- • 9/9/2014 17.C. NATIVE VEGETATION PRESERVATION The 28.38± acre Project site is comprised of 28.08± acres of native vegetation. A 0.30± acre area of Disturbed Land is located on the east property boundary and was excluded from the Native Vegetation calculation(Figure 3). Section 3.05.07B1 of the Collier County LDC requires the retention and preservation of 25 percent of the on-site native vegetation for a residential development in the non-coastal high hazard area which equates to a 7.02± acre preserve requirement (i.e., 28.08± acres of native vegetation x 25 percent= 7.02± acres of required native vegetation preserve) (Figure 3). Table 1 provides a summary of the native vegetation communities on-site and the native vegetation preservation calculation. Table 1. Native and Non-Native Habitat Types and Acreages FLUCFCS Native Non-Native Code Description Vegetation Vegetation Acreage Acreage 4119 E2 Pine Flatwoods, Disturbed(25-49%Exotics) 4.17 - 4159 E2 Pine, Disturbed (25-49%Exotics) 10.50 - 4159 E4 Pine, Disturbed(76-100%Exotics) 5.52 6245 E2 Cypress/Pine/Cabbage Palm, Disturbed, Drained 2 20 - (25-49%Exotics) 6249 E2 Cypress/Pine/Cabbage Palm, Disturbed 5.69 - (25-49%Exotics) 740 Disturbed Land - 0.30 Total 28.08 0.30 Minimum Retained Native Vegetation Requirement 7.02 (Native Vegetation Acreage,28.08±Acres x 25 Percent) The applicant proposes to preserve and enhance 7.02± acres of native vegetation along the Project site's west and south sides (Figure 3). The preserves' proposed locations represent some of the highest quality uplands and most of the wetlands on-site. The preserves also connect off- site to North Naples Middle School and Veterans Memorial Elementary Schools' conservation areas located to the west and northwest, respectively, as well as to the proposed Grace Romanian Baptist Church of Naples' preserve located to the southeast, along the north side of Learning Lane. Enhancement activities within the preserve areas will include the removal of exotic vegetation. The locations of the on-site preserve areas were selected to be consistent with Section 3.05.07.A.5 of the Collier County LDC and to provide connection to adjoining off-site preservation areas. The property does contain habitat that is utilized by listed species, as evidenced by the presence of gopher tortoise burrows; however, the burrows are located in the central and eastern portions of the Project site. Retention of this habitat would result in a small, low quality preserve area, likely surrounded by development that would further isolate this scattered gopher tortoise population. As discussed at the September 4, 2012 pre-application 7 Packet Page-3321- 9/9/2014 17.C. meeting, Collier County staff suggested that the off-site relocation of the gopher tortoises to an FWCC approved recipient site would be considered in accordance with the FWCC Gopher Tortoise Permitting Guidelines (2013). Further, the property contained no xeric scrub, dune, strand, hardwood hammocks, wetlands with a Wetland Rapid Assessment Procedure score of at least 0.65, or upland habitat that serves as a buffer to high quality wetlands. As a result, the location of the native vegetation preserves were selected to provide connectivity to the off-site conservation/preserve lands to the northwest, west, and southeast, in accordance with Section 3.05.07A.5. As previously noted, these areas will also be enhanced through exotic vegetation removal. This activity will improve the quality of habitats on-site, as well as off-site, through the elimination of exotic and nuisance species seed-sources. It will also help reduce a potential hazard to the neighboring schools through the elimination of such fire-prone species as melaleuca, Brazilian pepper, and cogongrass from the premises. 8 Packet Page-3322- 9/9/2014 17.C. REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. Florida Fish and Wildlife Conservation Commission. 2013. Gopher Tortoise Permitting Guidelines. Tallahassee, Florida. 9 Packet Page-3323- 9/9/2014 17.C. EXHIBIT 1 LISTED SPECIES SURVEY Packet Page-3324- 9/9/2014 17.C. RMC-ENCLAVE MPUD LISTED SPECIES SURVEY September 2013 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. (PM) on September 4, 2013 for RMC-Enclave MPUD (Project). The Project includes a proposed commercial development with associated infrastructure and stormwater management system. The purpose of the survey was to review the Project area for plant and wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC), the Florida Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, species of special concern, or commercially exploited. The survey is also intended to be consistent with the environmental data submittal and protected plant requirements as outlined in Sections 10.02.02.A.3.b and 3.04.03, respectively, of the Collier County Land Development Code(LDC). RMC-Enclave MPUD is 28.38± acres and is located in Section 13, Township 48 South, Range 25 East, Collier County(Figure 1). More specifically, the property is located on the west side of Livingston Road, north of Learning Lane. Veterans Memorial Boulevard is approximately one- quarter mile to the north. The Project's surrounding land uses are a mixture of undeveloped, forested land; schools; roads; and a future fire station. To the Project's north and southeast are disturbed, forested lands that have been heavily invaded by exotic vegetation; to the east is Livingston Road and a cleared lot for future Fire Station No. 48; to the south is Learning Lane; to the west is North Naples Middle School; and to the northwest is Veterans Memorial Elementary School. The results of the September 4, 2013 survey identified one listed species on-site. Six gopher tortoise (Gopherus polyphemus) burrows were located in the central and eastern portion of the property. Additionally, two Collier County listed "Less Rare Plants" (i.e., inflated wild-pine (Tillandsia balbisiana) and stiff-leaved wild-pine (T fasiculata)) were observed scattered throughout the site during the survey. These results are consistent with a prior wildlife survey conducted by PM on May 9 and 14, 2013. Further details regarding the more recent survey's methodology and results follow below. METHODOLOGY AND DISCUSSION The listed plant and wildlife species survey included an on-site review, conducted on September 4, 2013, and subsequent literature search for local, state, and federal listed species. The results of the on-site review found no listed wildlife species or their signs (i.e., tracks, burrows, scat, calls, etc.). The literature search also found no documented occurrences for listed wildlife species on the property and the Project is not located within designated habitat areas for any listed wildlife .-. species. Further details regarding the literature search results and survey methodology are as E1-1 Packet Page-3325- 9/9/2014 17.C. follows: The literature search involved an examination of available information on protected species in the Project's geographical region. The literature sources reviewed include the FWCC Florida's Endangered and Threatened Species (2013); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle (Haliaeetus leucocephalus) in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); and the USFWS and/or the FWCC databases for telemetry locations of the Florida panther (Puma concolor coryi), bald eagle, red-cockaded woodpecker (Picoides borealis) (RCW), Florida black bear (Ursus americanus floridanus), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries, such as the wood stork (Mycteria americana), in Collier County. The results of the literature search found no documented occurrences of listed wildlife species on-site(Figure 2). The wildlife agencies' database information is updated on a periodic basis and is current through different dates, depending on the species. The FWCC information is current through the noted dates for the four following species: Florida panther telemetry — June 2012; bald eagle nest locations — August 2012; black bear telemetry— December 2007; and RCW locations— August 2012. The USFWS information for the Florida scrub jay is current to August 2012. As previously noted, the results of the literature search found no documented occurrences of listed wildlife species on-site (Figure 2). The closest documented bald eagle nests are CO-001 and CO-043, which are located approximately 2.4 miles to the west and southwest of the site, respectively. The nest distance is beyond the USFWS and the FWCC recommended 660-foot buffer protection zone for active and alternate bald eagle nests. The bald eagle is not a listed species, but is protected under the Golden and Bald Eagle Protection Act and the Migratory Bird Treaty Act. No RCW colonies or cavity trees have been documented within the Project area,per the FWCC's database(Figure 2). The closest noted RCW colony is located approximately 2.5 miles southeast of the Project site. The USFWS considers suitable habitat for RCW to include any forested community with pines in the canopy that encompasses more than 10.0± acres (i.e., includes both on- and off-site). Although the Project area does have canopy pine trees, no cavities were noted during the survey and no sightings were documented in the area. The RCW is a state and federally listed endangered species. The FWCC database contains no documented Florida black bear radio-telemetry locations on- site or within a five mile radius of the Project area (Figure 2). The Florida black bear was de- listed by the FWCC in August 2012. No Florida panther telemetry is located on-site (Figure 2). The closest panther telemetry point is located over five miles east of the Project site. The property does not occur within the Florida Panther Zones (Kautz et al. 2006) and/or Focus Area (FA) (Figure 3). The Florida panther is a state and federally listed endangered species. E1-2 Packet Page-3326- 9/9/2014 17.C. The literature search confirmed that the Project is located within the 30 kilometer (18.6 miles) Core Foraging Area (CFA) for two documented wood stork rookeries which include Nos. 619310 and 619018 (Figure 4). The wood stork is a state and federally listed endangered species. The site's mixed slash pine (Pinus elliottii) and bald cypress (Taxodium distichum) community would provide some suitable foraging habitat for the wood stork; however, the invasion by exotic species, such as melaleuca (Melaleuca quinquinervia) and Brazilian pepper (Schinus terebinthifolius) in the canopy and sub-canopy strata, make it difficult for the birds to access and utilize this habitat. As a result,the property's foraging potential is rather poor. The wood stork is a state and federally listed endangered species. Per Collier County LDC Section 3.04.03 (Requirements for Protected Plants), two listed "Less Rare Plants" were observed scattered throughout the property. They include the inflated and stiff-leaved wild pines. Two other listed"Less Rare Plants"which are likely to occur on-site,but were not observed, include the giant wild-pine (T. utriculata) and butterfly orchid (Encyclia tampensis). Although these plants are protected at the state and local levels of government, they are rather ubiquitous to Southwest Florida. If these plant species are not already located within the future designated, retained, native vegetation preserve, then they will be relocated to the preserve,per the requirements of the LDC. The May 9 and 14, 2013 field survey methodology consisted of qualified ecologists walking parallel belt transects across the property (Figure 5). The transects were generally walked approximately 75 feet apart depending on habitat type and visibility. The weather during the survey was sunny, with partly cloudy skies, light wind, and temperatures ranging from the mid to high 80s. The survey began around 9:00 a.m. and ended at approximately 12:00 p.m. RESULTS The results of the September 4, 2013 survey identified six gopher tortoise burrows on-site. These results are consistent with the May 9 and 14, 2013 survey conducted on-site. The literature search of the wildlife agencies' databases found no documented occurrences for listed species within the Project area or immediate vicinity. The Project site is not located within the designated zones or FA for the Florida panther. It is located within the CFA of two wood stork colonies and is not located in the vicinity of any active RCW colonies or bald eagle nests. Two of Collier County's listed "Less Rare Plants" were observed on-site. These and any others, if encountered, will be relocated to the future designated, retained, native vegetation area, per the requirements of the LDC. E1-3 Packet Page-3327- 9/9/2014 17.C. REFERENCES Florida Fish and Wildlife Conservation Commission. 2013. Florida's Endangered and Threatened Species. Official Lists, Bureau of Non-Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape-scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service. Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission. Tallahassee, Florida. n U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. 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Jr9nty -- COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT INFORMATION I NAME OF APPLICANT(S) Enclave- Livingston LLC ADDRESS 1055 Crosspointe Drive CITY Naples STATE FL zip 34111 TELEPHONE# 239.514.8382 CELL# FAX# 239.594.0925 E-MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY(IF AVAILABLE): 16285 Livingston Road LEGAL DESCRIPTION I Section/Township/Range 13 / 48 S 125E Lot: Block: Subdivision: Plat Book Page#: Property I.D.#: Please see attached Exhibit 2 Metes & Bounds Description: Please see attached Exhibit 3 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM E b. FRANCHISED UTILITY SYSTEM (� PROVIDE NAME c. PACKAGE TREATMENT PLANT LI (GPD capacity) d. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED I a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM El c. FRANCHISED UTILITY SYSTEM LI PROVIDE NAME d. PRIVATE SYSTEM (WELL) LI February 4,2011 Packet Page -3334- 9/9/2014 17.C. RMC—Enclave MPUD Exhibit 2 Property ID Numbers Folio Numbers:00148520002 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00148560004 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00151320008 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:16285 LIVINGSTON RD Folio Numbers:00151360000 Name:ENCLAVE-UVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00151440616 Name:ENCLAVE-UVINGSTON LLC Street#&Name:NO SITE ADDRESS ^ Folio Number:00151440700 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:4295 WOLFE RD Folio Numbers:00151440807 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Page 1 of 1 Packet Page-3335- 9/9/2014 17.C. RMC—Enclave MPUD Exhibit 3 Legal Description (AS SURVEYED) A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA;THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION S 88°57' 15" W,A DISTANCE OF 663.15 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,N 00° 12' 35" W,A DISTANCE OF 1349.04 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER;THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,N 89°02'31"E,A DISTANCE OF 1117.58 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10° 54' 50",A RADIUS OF 2014.86 FEET,A CHORD BEARING AND DISTANCE OF S 10°35'31"E,38322 FEET;THE SAME BEING A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2615, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE(3)COURSES AND DISTANCES: 1. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 383.80 FEET TO THE END OF SAID CURVE; 2. THENCE S 73° 57' 05" W, A DISTANCE OF 32.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08° 31' 38", A RADIUS OF 204736 FEET, A CHORD BEARING AND DISTANCE OF S 20° 18'44"E,304.42 FEET; 3. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544,PAGE 561 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID NORTH LINE S 88° 59' 06" W, A DISTANCE OF 596.51 FEET TO THE NORTHWEST CORNER OF SAID LANDS;THENCE RUN ALONG THE WEST LINE OF SAID LANDS S 00° 10'38"E,A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING CONTAINING 28.38 ACRES MORE OR LESS. PER OFFICIAL RECORDS BOOK 4878,PAGE 1799 PARCEL 2(WEST ONE-HALF) THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID: 00151360000 PARCEL 3: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. Page 1 of 3 Packet Page-3336- 9/9/2014 17.C. RMC—Enclave MPUD Exhibit 3 Legal Description LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL ID:00148520002 PARCEL 4: HE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID:00151440616 PARCEL 5(WEST ONE-HALF): THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PER OFFICIAL RECORDS BOOK 4855,PAGE 2343 PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88 DEGREES 20 MINUTES 15 SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 2650.16 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE CONTINUE NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88 DEGREES 32 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE,CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 64 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE Page 2 of 3 Packet Page-3337- 9/9/2014 17.C. RMC—Enclave MPUD Exhibit 3 Legal Description ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 38 SECONDS, SUBTENDED BY A CHORD OF 304.42 FEET AT A BEARING OF NORTH 20 DEGREES 46 MINUTES 07 SECONDS WEST,FOR A DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 32.50 FEET TO A POINT ON A CIRCULAR CURVE,CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST,A DISTANCE OF 2014.86 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2014.86 FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES 54 MINUTES 47 SECONDS, SUBTENDED BY A CHORD OF 383.19 FEET AT A BEARING OF NORTH 11 DEGREES 02 MINUTES 55 SECONDS WEST, FOR A DISTANCE OF 383.77 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE RUN NORTH 88 DEGREES 35 MINUTES 26 SECONDS EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 209.92 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE RUN SOUTH 00 DEGREES 36 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING. PARCEL 2(EAST ONE-HALF1: THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 5(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Page 3 of 3 Packet Page-3338- 9/9/2014 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net TOTAL POPULATION TO BE SERVED: 114 dwelling units or 350 group housing units PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 52,668 GPD AVERAGE DAILY 35,112 GPD B. SEWER-PEAK 35,568 GPD AVERAGE DAILY 27,360 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2015 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY. FROM OTHER :PROVIDERS: `,Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. February 4,2011 Packet Page-3339- 1 it, e up 9/9/2014 17.C. i ® : .!!IIIIIIiII1WII$011111111 I i I 1 m ! @i 6 it a ' ; @ 7 o 1 - A , i N 1 qq e v v N 11!- a S S i i ie 1 I i [ q 5 1 i'llii:1•1 n 1 $' y /-a { g iii 1 ! %611'['!;11 a i i•I Y • i gi•iq{%n @.g[:,', -ki lfix! s Ili An 1i. pn s z @%(n /Ebi i i a! 1_ "• ! k ... S ; L, 1 1 1pi°1ffi ibialgp-11:11 a a1(% 1 !1n g e B1 ^ 6i aii1 e1! 11a'1' e a s .I = D .•�itl pgx ,1 g1126!ia!e 6 i -R{ is p { 1 ., 9i 1 , Y 11x1 ..'i{ q � _ A � r S�;ygi�e "'!e° i i 9 ` 1 i dA i � ;:::1;i'illi 1 !::!g°!! 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TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 2 Table A-Proposed Land Use 2 Figure 1 Project Location&E+C Road Classification 2.1 Site Plan 2.2 Project Generated Traffic 3 Table B-New Site-Generated Trips 3 Table 1 Trip Generation Computations 3.1 Existing+Committed Road Network 4 Table 2A-Area of Impact/Road Classification 4.1 Project Traffic Distribution 5 Area of Significant Impact 5 Figure 2A-Project Traffic Distribution 5.1 Figure 2B -Project Traffic Distribution 5.2 Table 2A-Area of Impact/Road Classification 5.3 2013 thru 2018 Project Build-out Traffic Conditions 6 Site Access Evaluation 6 Table 2B-2013&2018 Link Volumes 6.1 Table 2C-2018 Link Volumes/Capacity Analysis 6.2 Appendix 1 Packet Page -3342- 9/9/2014 17.C. Conclusions Based upon the fmdings of this report, it was determined that the proposed development of Enclave will not have a negative impact upon the surrounding road network. It was verified that all roadways & intersections,within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed 114 single-family dwelling units, or alternatively a 350 unit ALF.As determined,the road network will continue to operate at acceptable levels of service for 2018 project build-out conditions and the project will not create any off-site transportation deficiencies that need to be mitigated. Both ingress left and right turn lanes will be warranted at the site's access on Livingston Road. Methodology On October 11, 2013, the TIS methodology was provided to Mr. John Podczerwinsky and Mr. Reed Jarvi of Collier County's Transportation Planning Department. The agreed upon methodology is attached. Scope of Project Enclave is a proposed residential community that will consist of 114 single-family dwelling units at completion. Alternatively,the site may be developed as an assisted living facility with no more than 350 units. The site is located on the northwest corner of Learning Lane @ Livingston road. Access to Enclave will be provided via a directional left-in median opening that will be aligned with the future North Naples EMS station. As a potential secondary access to the site, it is being proposed to construct an access on Learning Lane, but because the road is under the jurisdiction of the Collier County School Board,it is unlikely that the access will be allowed. For additional site details, refer to the MCP prepared by Grady Minor. Table A Proposed Land Use Proposed Land Use Number of Units Single-Family Residential Community 114 Dwelling Units (or as an alternative) Assisted Living Facility 350 Units 2 Packet Page-3343- 9/9/2014 17.C. I Bonita Beach Rd T—j-�-__ Bonita Beach Rd f 1 i / 5 _r,:, Tamarind Cay Ln \/11' lo✓ T ce 3 v } E:5: \ /.1./ e° T o o _C \! IF K/ a •tli / c o/ NORTH // o/ c N.T.S. / I. '> J Veterans Mem. Blvd // / I — • _ / FLI Learning Lane N .n r` 1 1 I I I illh. �� Immokalee Rd 4..,.. INIIMINI MOM WHIM OM al / MINIM v o Cr rn ° m c m CO C 0 LEGEND G. I 6I tr INTERSTATE HIGHWAY I6-LANE ARTERIAL em Ames ems I 4-LANE ARTERIAL/COLLECTOR • r 2-LANE ARTERIAL I 2-LANE COLLECTOR/LOCAL I \ I RAIL ROAD . . JMB TRANSPORTATION ENGINEERING, INC. - n a I a ve Project Location & October 11, 2013 Roadway Classification FIGURE 1 / Packet Page-3344- rn0 wZZ 1ftI.M US 9/9/2014 17.C. 3 cal-- X0- u a $t _ kg Q Li x 0 W Waf4 /� •I% .' ti p 1•- Cr Z w ?2'Q ! •ii/ 4 -•�.-Z-M 6 .� fa-C O Q // N 14.1 ^ - x W z Q w W 0�- / /t, il�rt� a ao U W F-g / " '/ �'Yd2� e� aG� ZV-cc a1-a • , :''' e NZ w J❑- U U ' �;` it 1 g� 2w wm°w / M' /M/ h' I... Z wfr� 6CooI- / ,, OQO`: 9/9/2014 17.C. Project Generated Traffic Traffic that can be expected to be generated by Enclave was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 9th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Single- Family Detached Housing" (LUC 210) was most appropriate in estimating the new trips associated with the proposed project. Because the petitioner is proposing alternative land uses for the site,the trips associated with those uses were also estimated. As determined, Enclave will generate 1.185 daily trips and 90 vph& 118 vph new trips during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the project's new trips, as well as for the alternative land uses. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B New Site-Generated Trips (Summation of Table 1) Daily Weekday AM Peak Hour PM Peak Hour Trips Generated Trips Generated Trips Generated (ADT) (vph) (vph) LUC 210 1,185 90 118 (Single-Family) LUC 252 1,204 70 88 (Senior Housing) LUC 254 959 63 102 (ALF) LUC 255 875 67 105 (CCR Community) 3 Packet Page -3346- 9/9/2014 17.C. TABLE 1 TRIP GENERATION COMPUTATIONS ENCLAVE Land Use Code Land Use Description Build Schedule 210 Single-Family Detached Housing 114 Units Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 210 Daily Traffic(ADT)= Ln(T)=0.92Ln(X)+2.72= 1185 ADT AM Peak Hour(vph)= T=0.70)+9.74= 90 vph 22 / 67 vph 25%Enter/75%Exit PM Peak Hour(vph)= Ln(T)=0.90Ln(X)+0.51= 118 vph 74 /44 vph 63%Enter/37%Exit ALTERNATE LAND USES Land Use Description Build Schedule 252 Senior Adult Housing-Attached 350 Units or 254 Assisted Living 350 Units or 255 CC Retirement Community 350 Units LUC 252 Daily Traffic(ADT)= T=3.44(X)= 1,204 ADT AM Peak Hour(vph)= T=0.20{X)= 70 vph 24 /46 vph 34%Enter/66%Exit PM Peak Hour(vph)= T=0.25(X)= 88 vph 47,/40 vph 54%Enter/46%Exit ********************************************************************************* LUC 254 Daily Traffic(ADT)= T=2.74(X)= 959 ADT AM Peak Hour(vph)= T=0.18(X)= 63 vph 43 /20 vph 68%Enter/32%Exit= PM Peak Hour(vph)= T=0.29(X)= 102 vph 51 /51 vph 50%Enter/50%Exit= LUC 255 Daily Traffic{ADT)= T=2.50(X)= 875 ADT AM Peak Hour(vph)= T=0.13(X)+21.26= 67 vph 43 /23 vph 65%Enter/35%Exit PM Peak Hour(vph)= T=0.13{X)+59.19= 105 vph 42 /63 vph 40%Enter/60%Exit= 3.1 Packet Page-3347- 9/9/2014 17.C. Existing+Committed Road Network Figure 1 and Table 2A provide a detail of the surrounding E+C road network. Table 2A depicts the minimum level of service performance standards and capacity for the roads within the project's are of influence. Livingston Road is classified as a six-lane divided arterial and is a primary north/south corridor. Within proximity of the site, the posted speed limit is 45 MPH. Immokalee Road is classified as a six-lane divided arterial and is a primary east/west corridor. 4 Packet Page-3348- 0000 0000 9/9/201417.C. zzzz zzzz 0 N Q m CO W WI At o000 000 IS 41 13 e �e � a eo 0I o o C o 0 0 ES thNNc7 NNNM Z U) N V1 O z ++ L p oaacjvaso� !- 7... M10T 0 Z a;Nw W U) z z z I— Q 0 a a Q v-LOU) �" a' n cC4 a° tl. 2 IL s 1E 4 d. o ao �°•a o o� 0 a is�� ? ONN N �04 hc) W p Q N 0 c & 0 m ∎ G j 0 OD07cc'J� HW � a • #JLUWWW WWWW CD ❑ ❑ w 0 t m,c4 oar 12 AO u v 2 m m CO art ": 9/9/2014 17.C. Project Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon logical means of ingress/egress; current and future traffic patterns in the area;location of surrounding businesses and commercial centers.Figure 2A&2B and Table 2A provide a detail of the traffic distributions based on a percentage basis and by volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%,2%and 3%criteria(i.e.,if the project's traffic is 2% or more of a roadway's adopted level of service capacity,then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways. Roads and intersections that were identified as being within the projects area impact are shown in Table 2A. 5 Packet Page-3350- 9/9/2014 17.C. c 0 In \ I _I • Veterans Mem. Blvd i 1# e 1 N4R.N to NI 1 11111\ I 1 Learning Lane Ln1 I 1 I 1 1 I 1 I I I 10% Immokalee Rd 2 � I 20% 1 2% MINIM 41111111•■ l ! ! ! ! ■! MI -al 7 0 IC) �O tY On \ I LEGEND `� ; t ` 65%4 PROJECT TRAFFIC DISTRIBUTION BY PERCENT '5 J J"°TRANSPORTATION ENGINEERING, INC. PROJECT—GENERATED C aye TRAFFIC DISTRIBUTION FIGURE 2A October 1 1, 201 C' 1 Packet Page-3351- 9/9/2014 17.C. a. NORTH HIS. 2 Site Access Future Fire Station AM 67 : PM 44 4-1 TOTAL AM PEAK ENTER/EXIT = 22 VPH/67 VPH TOTAL PM. PEAK ENTER/EXIT = 77 VPH/44 VPH 0 C 0 Learning Lane > 2-3 Enclave October 11, 2013 PROJECT-GENERATED TRAFFIC DISTRIBUTION FIGURE 2C Packet Page-3352- c © 000 0000 9/9/201417.C. c zzzz zzzz ce • Tr co c4 N t) 't1 o o N et et co. co co co co, 0. 000c © ,—do v 1,1 • 0 0 0 0 0 0 - cMNN V* NNNC'0 Y a c � w � , zcnmm 0 z I o o a. ,a,. o) o) e- e" co 1r- e- o, 1 z 1 YNwwSr3 as _ zz a V = o s onto a) mcorn < 2ac � - .- � � e— usca . a. a. a a +^i * 0 4. e o 0 O a � ° ° c°INN Nti2N g Ct 0 o ILI Q E v a000O (pooch J tta a 3 .c °ooa °oo' O ° CO OY o '> co cc) coto co co co r) N W a c: Q 1 o .:IIWWWW WWWW iL IL 0 CD 1 c cm_ (I 0c �• g ce vIoh ° ao ' m � c°ocdo Ix O o `p m n d o c it m Et• R ? m C ' Y Cc .c a " = - E w e • 2 m o c C m - 0 '� S t o rk = c v. E O O. C to •'C z E c O a p. O O c lG o C9 Q -1 ; Zz _ > la n 4 ac a• Z m 0 O w E E CC r4 i t▪ = 1 g m £ = t" 2 Li_ t £ Packet Page-3353- 9/9/2014 17.C. 2013 thru 2018 Project Build-out Traffic Conditions In order to establish 2013 thru 2018 project build-out traffic conditions,two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions,peak hour conditions,peak direction,and an annual growth rate was then applied. The peak season/peak hour/peak direction factor as shown on Table 2B was derived from the 2013 Collier County AUIR Reports. The annual growth rate was extracted from the growth trend determined via the 2006 thru 2013 AUIR Reports.Using the annual growth rate,the 2018 background traffic conditions were determined,which are depicted in Table 2B. The second traffic forecasting method was to add the vested trips(trip bank) identified in the 2013 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2018 vested trips "+"background traffic volumes are depicted in Table 2B. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2018 background traffic. The net new project generated traffic was then added to the background traffic. Table 2C provides a summary of the 2013 thru 2018 traffic conditions and the roadways'level of service and remaining available capacity.As shown,all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build-out. Site Access Both ingress left and right turn lanes will be warranted at the site's access on Livingston Road. 6 Packet Page-3354- 9/9/2014 17.C. 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'mot l I I 1 lmmokolee Rd .... i ammo'ter`aul Arm mom mom assrar aims ammo o to c g li G to C o. > Q I LEGEND a I INtERSTATE HIGHWAY ammo � we w 1 6—LANE ARTERIAL mew ewe=e sem 4-LANE ARTERIAL/COLLECTOR ----•-- I1 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL 41y�y RAIL ROAD 1 YMB TRANSPORTATION ENGINEERING, INC. = n a l a ve Project Location 8f FiGURE 1 October 1, 2013 . Roadway Classification Packet Page-3362- 9/9/2014 17.C. TABLE 1 TRIP GENERATION COMPUTATIONS ENCLAVE Land Use Code Land Use Description. Build Schedule 210 Single-Family Detached Housing 114 Units Trip Period Trip Generation Eauation Total Trips Trips Enter/Exit LUC 210 Daily Traffic(ADT)= Ln(T)=0.92Ln(X)+2.72= 1185 ADT AM Peak Hour(vph)= T=0.70(X)+9.74= 90 vph 22 / 67 vph 25%Enter/75%Exit= PM Peak Hour(vph)= Ln(T)=0.90Ln(X)+0.51= 118 vph 74 / 44 vph 63%Enter/37%Exit= ALTERNATE LAND USES Land Use Description Build Schedule 252 Senior Adult Housing-Attached 350 Units or 254 Assisted Living 350 Units or 255 CC Retirement Community 350 Units LUC 252 Daily Traffic IADT)= T=3.44(X)= 1,204 ADT AM Peak Hour(vph)= T=0.20(X)= 70 vph 24 /46 vph 34%Enter/66%Exit= PM Peak Hour(vph)= T=0.25(X)= 88 vph 47 /40 vph 54%Enter/46% Exit= ********************************************************************************* LUC 254 Daily Traffic(ADT)= T=2.74(X)= 959 ADT AM Peak Hour(vph) T=0.18(X)= 63 vph 43 20 vph 68%Enter/32%Exit= PM Peak Hour(vph)= T=0.29(X)= 102 vph 51 / 51 vph 50%Enter/50%Exit= *************************************************************sP******************* LUC 255 Daily Traffic(ADT)= T=2.50(X)= 875 ADT AM Peak Hour(vph)= T=0.13(X)+21.26= 67 vph 43 / 23 vph 65%Enter/35%Exit= PM Peak Hour(vph)= T=0.13(X)+59.19= 105 vph 42 / 63 vph 40%Enter/60%Exit= Packet Page-3363- 9/9/2014 17.C. C 0 \ k ,, CP C > I Veterans Mem. Blvd NORTH g N.T.S. Ul g I 1 Learning Lane l r $ II el I I I I I I I I I I 10% 20% 20% $ . o, Immokalee Rd 4----* I -4---+ � ° 2 L-- ► rn..MOM NL.MOM i.,ill,ir• MINIM ®01111116111,SIR!O .IIMIllr®WIi ONION 41•111■OM.4110111.410111111! - R 0 Z I CL 0\ .r. 0 o a. c e LEGEND 5 i k C 6�----- s PROJECT TRAFFIC DISTRIBUTION BY PERCENT > 4 LD 3MB TRANSPORTATION ENGIN££R1N8, INC. PROJECT-GENERATED FIGURE 2A .-. October 11, 201 TRAFFIC DISTRIBUTION Packet Page -3364- 9/9/2014 17.C. g - co0000 0000 C 'Izzzz zzzz c n e o 0 o n o . 15 8g & Z Nthv CD v N v' +tr CD UD OD OD CO = o ci o ci 6 v- 6 0 co M 75 a o c c o -a 8g e co NNM NNNco — N Y Dr 5 S dii Z Er) CO Cl) `0 1 1t w CI Z a. r L.' D w Z t t- Cr) tD r- O, 2 > -4- a) axc- cge- T- - is c a z aaltaw cnzzz M -6...,1-- torn rncflto � ,� a,e: u s . - , r �- T- to (NI D. 0. ct' a. n V g i c c)gQ& LI.1 Lg. 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W _ Q 1tm1�Wp 7� �-o. a zaQ rte• Y 0 222 a 'w n w a,Ji -, x 1-O N 0- C 7 y G1(A N J W W d LL QH W Ja c� N 5 a cp W m off C O a. O, u V u N w •� \ ...-+*.i.i 'W W W g Z Q d a d IJi.J N ss� i b Ii _____, � wujwwwury l` \' J8 e a s cv, y� 1 L '1 1 i 1 te' `` y e , I 'e- z t � 1 �� ..j�s \ `jam _ I 1 `,._.__ CL f f 4 ti `44---44,......-'• t t j 1, a 1* f i yam..,, _ ' ,. / *.•" '\ !�p�-$1 U■ WQ r a;;_ r, jl[lll- -lb III Oa �� "�� , I I t 1'. ""-.1 "' 0 1-VIA 1 Fe W Packet Page-3369- 9/9/2014 17.C. Collier County School District Strict Schoo� School Impact Analysis Application pInstructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of athe applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Collier Coin Please check Ni]type of application request (one only): [X] School Capacity Review [ ] Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, I. Project Information: Project Name: RMC—Enclave MPUD Municipality: Collier County Parcel ID#: (attach separate sheet for multiple parcels): Please see Exhibit 2 Attached Location/Address of subject property: Learning Lane and Livingston Road (Attach location map) Closest Major Intersection: Learning Lane and Livingston Road II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Enclave— Livingston LLC Agent/Contact Person: D. Wayne Arnold,AICP (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone#: 239.947.1144 Fax: 239.947.0375 Email warnold(a gradyminor.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true ancorrect to the best of my knowledge. January 6, 2014 Owner or Authorized Agent Signature Date III. Development Information Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Urban District, Urban Proposed Land Use Designation: Residential Residential Subdistrict Current Zoning: A and A(ST) Proposed Zoning: MPUD Project Acreage: Unit Type: ME Total n is Currently Allowed by Type: 114 114 F C G Total Units Proposed by Type: 114 114 Is this a phased project: Yes or No NO If yes, please complete page 2 of this application. Date/time stamp: Packet Page -3370- 9/9/2014 17.C. RMC— Enclave MPUD Exhibit 2 Property ID Numbers Folio Numbers:00148520002 Name:ENCLAVE-LIVINGSTON LLC Street#&Name: NO SITE ADDRESS Folio Numbers:00148560004 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:NO SITE ADDRESS Folio Numbers:00151320008 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:16285 LIVINGSTON RD Folio Numbers:00151360000 Name:ENCLAVE-LIVINGSTON LLC Street#&Name: NO SITE ADDRESS Folio Numbers:00151440616 Name:ENCLAVE-LIVINGSTON LLC Street#&Name: NO SITE ADDRESS Folio Number:00151440700 Name:ENCLAVE-LIVINGSTON LLC Street#&Name:4295 WOLFE RD Folio Numbers:00151440807 Name:ENCLAVE-LIVINGSTON LLC Street#&Name: NO SITE ADDRESS Page 1 of 1 Packet Page -3371- ...w- 0O wZZ .i g Q Z w° wI ,/;141111111, II oo O , —+--Z--am S 2 Z O d / =x H <17-..z w0 ;l, `�xY X W z W W I- IS / et i° �� ef�d Z� aOg /� J:[1+, w g N Z w J p— n 0 C) ' /t/' ii tatt�� /'I- (Li W CO W Z W N = ' ,/ O= z 4'0 p1- ) '7.W n. co 00 W Z_Z{Z- Ohs !; `■ WZ V �Lrl_ fnQLLOs //i''/iO-s- , '�4 H ' AA.C Uw / // / ,,,It o o CO wER.Z : ; / uS�U ,- Z0„ .•,r V 6i dw0 a0=� / /;v //i m oC H W w (A-s Z rt H 0 %i' �, g/ i � X E. 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RMC - Enclave RPUD Deviation Justifications Deviation 1: Deviation 1 seeks relief from LDC Section 5.05.04.D.1, Group Housing, which establishes a maximum FAR of 0.45 for group housing to permit a maximum FAR of 0.6. Justification: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increases the total square footage of the structure; therefore, increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. Packet Page -3373- 9/9/2014 17.C. AFFIDAVIT OF COMPLIANCE Petition PUDZ-PL20120001981, RMC-Enclave MPUD I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning,PUD amendment,or conditional use,at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance/ r (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 15th day of April, 2014 by Sharon Umpenhour, who is personally known to me or produced as identification. Mr bosERxas f*: ,• :*: MY COMMISSION tl EE 047547 •��i,a€ EXPIRES:December 12,2014 ��'RF�R�`t`'�, Bonded ThN NOtety Public lhide�ilers (Signature of N[ tary Public) (Notary Seal) Kimberly A. Scher Printed Name of Notary G:\NIM Procedures/EMPUD Affidavit Of Compliance•Doc Packet Page-3374- 9/9/2014 17.C. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Archilects April 4, 2014 RE: Neighborhood Information Meeting Petition PUDZ-P120120001981, RMC-Enclave MPUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of Mixed-use Planned Unit Development (MPUD), by Enclave - Livingston LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and John M. Passidomo of Cheffy Passidomo, P.A., for the following described property: The subject property is comprised of approximately 28± acres, located near the northwest quadrant of Livingston Road and Learning Lane in Section 13, Township 48 South, Range 25 East, Collier County, Florida. Enclave - Livingston LLC is asking the County to approve this application which proposes to rezone approximately 28+/- acres from the Agriculture (A) and Agriculture (A/ST) Zoning Districts to Mixed-use Planned Unit Development (MPUD) Zoning District. The MPUD is proposing a maximum of 114 dwelling units or 350 group housing units for seniors and accessory uses. You are invited to attend a neighborhood information meeting hosted by the property owner to inform nearby property owners, neighbors and the general public of the proposed changes to the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Thursday, April 24, 2014, 5:30 pm at the Hampton Inn Naples—1-75, 2630 Northbrooke Plaza Dr, Naples, FL 34119. If you are unable to attend this meeting and have questions or comments, or if you have questions prior to the meeting, they can be directed by e-mail, phone, fax or mail by April 24, 2014 to: sumpenhour @gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Planning Technician Q. Grady Minor&Associates,P.A. Ph. 239-947-1144 • Fx: 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 Packet Page -3375- www.gradyrninor.com 9/9/2014 17.C. Barc).woof BROAD C.R.) •fi .... _._. .,. 3 ' R f P t COUNTY h ti I ' '4 7 5 Jiff ESTATES mm_ :. ;r _ . � , fi .FEt33•�11 PA55 ROM air PALL uNEs us-�,n .+s ,ter ,4, �' i .:BlS .1S l 14. i I�' p1FDS PI IMPERIAL: 1 7'07GfAT 4 4AK N'i' TAwuw PROFESNONAL - ■ : • .C '� DENIER ip�y r ® i uq• - NORTH 23 OtME.il�. NAPLES P1°01 BLVD. -24: ' EAL1HH MEOIOA.. MEDICAL• .20 =RR CENTER w� mum->22 SN PROP, a" MLI+000NYY HEALTH DEVELOPMENT YAMgCALEE CAREEN.; I NAPLES-IMMOKALEE PARK PYLWiFJiANY+;4W W I I•i 'ROAD (D.RDRD OOMMGNs hDbL p ', NoRTHaoe suRpty CENTER • .- ! i ; PLACE . �. :" MEDKAL FM. III r 24 3 27 2S1ON®RIDGE I. GOLDEN GATE ESTATIS Qb. I /09:[T . UNIT 97 4: PILATA/l ugh r i EREFgMOOb C ESTA•a. 'HAYLTON. GREDis gg.F�.r' � • ar- t...4 wvm.L uRE ;PILI AN wow . S�AI'K 111. ill sz. was ! PLAZA im ►- VANDERBLT.BEACH ROAD FAIX %gu BRAOFDPO VANOERDR.1 9WME. TRUST PE].IDAII.'. MEAIQILY NEB GARDENS ) (SW) PINE Q MONi Y iMERAW GARDENS Vul(DP.. • RIOff 1 E` :vuKa DAK Now mum*: 4 3 giq2�pp.�T�� ir fs1 T . R & SIFB'Y: LPG( mil :LAKES. 6 5. HOUD1T ■I BBl1 /.:_ LDNGNEM FIRST DAPTIST ._.. TFR(s) CHURCH RMC - ENCLAVE MPUD SUBJECT PROPERTY LOCATION MAP Packet Page-3376- 9/9/2014 17.C. F § .�. 8 WO . W ,_ 2 , `) 9E « F § § 2 § e ! § 2 | § ! Zr el Zr' § x .72 ■ � � � b ) z n £ § } ) .tt 'L.' X222 Z01Z0ZZW2Z ( ) § ) § oo § § § § 2 \ ! 0 § k kd / flfl � d >- � ( \ ( � ! § ( § D § « 6 § § k § bk § § k & k ) - $ - § 7, ( ° § b - zz § | §!&� ® u � = a e l � ; za90x � 3 (§ @l m : @e | / \ § / k z « k ( g \ ) } \ § ! ! K § z } L` „g . . 2 . . ,5 ! a ) § | 22 § & § § 22 ; - & ea � e , ! l ; , aa $ ! ! K ° B § ROM § 244 & } / § E ■ ■ Packet Page-3377- rUDL1I. INV1IL,C. rUDLLU.. IN JllUr. rUDLAL INVlll.r. NEIGHBORHOOD INFORMATIOR 99/2014 17 C� Petition PUDZ-PL20120001981, RMC-Enclave MPUD The public is invited to attend a neighborhood meeting held by D. Wayne Arnold,AICP — of Q. Grady Minor and Associates, P.A. and John M. Passidomo of Cheffy Passidomo, P.A., representing Enclave - Livingston LLC on: Thursday, April 24, 2014, 5:30 pm at the Hampton Inn Naples– 1-75, 2630 Northbrooke Plaza Dr, Naples, FL 34119 The subject property is comprised of approximately 28± acres, located near the northwest quadrant of Livingston Road and Learning Lane in Section 13,Township 48 South, Range 25 East, Collier County, Florida. x t / .cs="aawann. LEE COUNTY OLIAL T 'ir i „\1 . `!/ ...e... W. ""''''^'...mr7.:. F PROJECT I/ LOCATION E .c .,,,, CSIZOC I ., s, 117�- II orb r � ,. 6 I — PIMINIP '..,'.t rte" . t 2 "X ''''"=.`::war 6 e .'":m I Ili 7: 1■7'* ,, '.‘\ .,:"-‘7 ":=7; 1 II IfWwl"x IL'" vM.ee..elr eeMr�.... � � W. Yf � wft� MO ".1.". 1 kE 2 iec il.. ar IaI - -t L —mm Enclave - Livingston LLC is asking the County to approve this application which proposes to rezone approximately 28+/-acres from the Agriculture (A) and Agriculture (A/ST) Zoning Districts to Mixed-use Planned Unit Development (MPUD) Zoning District. The MPUD is proposing a maximum of 114 dwelling units or 350 group housing units for seniors and accessory uses. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and/or owner/ developer. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail by April 24, 2014 to: Sharon Umpenhour, Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Email: sumpenhour @gradyminor.com Phone: 239.947.1144 Fax: 239.947.0375 No.231150846 Packet Page-3378- April 13.2014 9/9/2014 17.C. ; 0 Cix sr'I''..- ` � ° Z R d �*x % y d a H \ zP k -. 0 * a - 7 ~ 3 N at 0. B. N C v ., O N ?, I P� Z o4 .0 ° a mp" 3 ? o 2t N Ci A o CD Q A 3 F, ,. `1 O Q� � A (1 1 T�. D 01 Q. y = 3 t Z A � � 1" n c c Inn x N s = a J _ O ~' O n CI s3Aac r0 © � a s. = a- 0 . r ° � V•-) l � rn N =so � c c \o co e ® •'°` , c a - mrn D ° 0 C9 it, � �` a N %* � in � x rn 'V � L Z> R v 1V( co el c eP act a — M z r �w n h 'a S cce - N 1 .. Its u •- 'o a Z O ?t",,'C. et eD fl. ns IN* � � z � z � o S V.I � to _I O00 C' an r 0 Z W w N a - N � 3 "< � � � o mac ` W rn (' C m �, 3 e�D 3 7 �. AO 3 a Z � � fii C 3iaa al CO C m d in m POD ' = 1 eQ 3 = . ,to n cg c c H R ' t ET f = r► Hf C O. 0 0 eo B 3 e=, 12- 3 `_ r. o H o � od o N 3 R 1 Packet Page-3379-- 9/9/2014 17.C. f ORDINANCE NO.14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL DISTRICT (A) AND RURAL AGRICULTURAL DISTRICT WITHIN A SPECIAL TREATMENT OVERLAY (A-ST) TO A RESIDENTIAL PLANNED UNIT • DEVELOPMENT` (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS RMC-ENCLAVE RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 114 SINGLE FAMILY OR MULTI-FAMILY DWELLING UNITS OR UP TO 350 GROUP HOUSING UNITS FOR SENIORS ON PROPERTY LOCATED IN SECTION 13, TOWNSHIP 48 SOUTH,_ RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.38*ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION: PUDZ-PL201200019811 WHEREAS, Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and John Passidomo, Esquire of Cheffy Passidomo, representing Enclave-Livingston, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 13, Township 48 South,Range 25 East, Collier County,Florida is changed from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development (RPUD) zoning district for a 28.38 ± acre project to be known as the RMC-Enclave RPUD to allow construction of a maximum of 114 residential dwelling units or up to 350 group housing units for seniors in accordance with Exhibits "A" through "F" attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. [14-CPS-01286/1108214/1]80 RMC-Enclave RPUD\PUDZ-PL20120001981 Rev. 08/08/14 1 of 2 Packet Page-3380- 9/9/2014 17.C. ^ SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of .2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA By By Deputy Clerk TOM HENNING,Chairman Approved as to form and legality: Heidi Ashton-Cicko tt\ Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments [14-CPS-01286/1108214/1]80 RMC-Enclave RPUD\PUDZ-P1,20120001981 Rev. 08/08/14 2 of 2 Packet Page-3381- ' 1 9/9/2014 17.C. EXHIBIT A FOR RMC- ENCLAVE RPUD Regulations for development of the RMC - Enclave RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum development intensity of 114 residential dwelling units or 350 units of group housing for seniors shall be permitted within the RPUD. The FAR shall govern group housing units. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: MIXED USE: A. Principal Uses: 1. Group housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities at an FAR of up to 0.6 (See Exhibit A Item C, Operational Requirements for Group Housing and Exhibit E, Deviation#1);or 2. Residential Dwelling Units a. Single Family Residential, including detached, attached, zero lot line, two family and duplex; b. Townhouse; c. Multi-family Residential; 3. Any other use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals (BZA)or the hearing examiner. B. Accessory Uses: 1. Garages and/or carports 2. Guardhouses,gatehouses, and access control structures. 3. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 4. Landscape features including, but not limited to, landscape buffers, berms,fences and walls. 5. Accessory uses and structures customarily associated with uses permitted in this RPUD, including recreational facilities, such as swimming pool, clubhouse, fitness center and maintenance facilities. Community-wide recreation facilities shall be RMC-Enclave RPUD Prue 1 of 10 08/07/2014 Packet Page-3382- _ l 9/9/2014 17.C. required to provide a 15-foot wide buffer with 6-foot high wall where adjacent to the northern perimeter of the PUD. A minimum 30-foot setback for the structure shall be required from the northern PUD perimeter and from residential lots. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this RPUD, as determined by the Board of Zoning Appeals(BZA)or the hearing examiner. C. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs.The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A :wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. PRESERVE A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation areas. 3. Passive Recreation areas,as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. RMC-Enclave RPUD Page 2 of 10 08/07/2014 Packet Page-3383- 9/9/2014 17.C. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Except as provided for herein, all criteria set forth in Exhibit B, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. RMC-Enclave RPUD Page 3 of 10 08/O7/2014 Packet Page-3384- 9/9/2014 17.C. EXHIBIT B FOR RMC-ENCLAVE RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE SINGLE TOWNHOUSE TWO MULTI- GROUP FAMILY FAMILY FAMILY& FAMILY HOUSING DETACHED ZERO LOT DUPLEX LINE ,S-�c z' { : .�t at 7. �` '� ?;t s '�ti � § 1,4;7!:_ii4,::14-14 tlliil:lfoLll*:11:,t +a �,y,r�-,�..,�� ,,�.�.'�t�i �fi�,x �r*"v.°..M.�,�� '` "'� ��'��+uv � r �'� �g � '� �r�i rs.-�y��yY,� �+ D # y y„ r � x�S'ay �A � a�+� � ��f 7 sAP.' 7N >� ilo r ff *ti� '➢flits: : + tt,; t %;:Sr } :,,, Minimum Lot Area 5,000 SF 4,000 SF 1,600 SF 1,600 SF 10,000 SF N/A Minimum Lot Width 50 feet 40 feet 16 feet 16 feet 100 feet N/A Minimum Lot Depth 100 feet 100 feet 100 feet 100 feet N/A N/A Minimum Front Yard Setback(1) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Minimum Side Yard Setback 6 feet 0/6 feet(2) 0 feet 0 or 6 feet 15 feet 15 feet Minimum Rear Yard Setback(5) 15 feet 15 feet 15 feet 15 feet 20 feet 20 feet Maximum Building Height Zoned 30 feet 30 feet 30 feet 30 feet 40 feet 65 feet(3) Actual 40 feet 40 feet 40 feet 40 feet 50 feet 75 feet Minimum Distance Between N/A 12 feet 12 feet 12 feet 20 feet or 20 feet or n Structures 34 BH BH Minimum Floor Area 1,250 SF 1,250 SF 1,250 SF 1,250 SF 1,000 SF N/A Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Tr t R., ' � Y , i�` J t � 1 ✓* {s- r � r & a i l l g "..i f `ACCESS/* TR1-C �ut , al i t .,: " : Tt+ N� r+ c p , d,‘4.4.44W4,-,, M1 4 i :k' ,,,,,,,-,,w4 u 7 „%..:A?A. Minimum Front Yard Setback(I) 20 feet 20 feet 20 feet 20 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet(2) 0 feet(2) 0 feet(2) 15 feet 15 feet Minimum Rear Yard Setback(5) 10 feet 10 feet 10 feet 10 feet 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Distance Between Structures 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height Zoned 25 feet 25 feet 25 feet 25 feet 35 feet 35 feet Actual 30 feet 30 feet 30 feet 30 feet 45 feet 45 feet BH:Building Height (I)Measured to edge of pavement or back of curb(single family front entry garages shall have 23'front setback). (2)Must be at least 12 feet between structures. (3)Any building exceeding a zoned height of 50 feet shall have a minimum setback of 50 feet from the PUD boundary and a minimum setback of 200 feet from Livingston Road and Learning Lane. t4j Structures such as gate houses,walls and decorative architectural treatments shall have no setback from property line. (5)Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake .-. Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the planed residential lot may be reduced to zero(0)feet where it abuts the easement. RMC-Enclave RPUD Page 4 of 10 08/07/2014 Packet Page-3385- r 9/9/2014 17.C. COO ZZZ ei 1.! in N a 4Qw Q / , �i Ng z a tn_Q w n' --"'�'-Z_�t. 6�'w e Q)-W w> O p ( Q y W O W.h- I.I...F- ¢ Z go NFz Z w W0.- WUQ zv2 zg �z ° ar OaQ LL� �a 70 ` ✓' (% ;/ ;. 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ZV zy� co S�W W NZ jy Y".0 QZg99_. OZ� W W 0 c O CO N N O Packet Page-3386- 9/9/2014 17.C. EXHIBIT D FOR RMC-ENCLAVE RPUD LEGAL DESCRIPTION (AS SURVEYED) A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION S 88°57' 15" W, A DISTANCE OF 663.15 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, N 00° '12' 35" W, A DISTANCE OF 1349.04 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER;THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,N.89°02'31"E, A DISTANCE OF 1117.58 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10°54'50",A RADIUS OF 2014.86 FEET,A CHORD BEARING AND DISTANCE OF S 100 35' 31" E, 383.22 FEET; THE SAME BEING A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2615, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE(3)COURSES AND DISTANCES: 1. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 383.80 FEET TO THE END OF SAID CURVE; 2.THENCE S 73°57 05" W,A DISTANCE OF 3230 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08°31'38",A RADIUS OF 2047.36 FEET,A CHORD BEARING AND DISTANCE OF S 20°18'44"E,304.42 FEET; 3. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544,PAGE 561 OF SAID PUBLIC RECORDS;THENCE RUN ALONG SAID NORTH LINE S 88° 59' 06" W, A DISTANCE OF 596.51 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE RUN ALONG THE WEST LINE OF SAID LANDS S 00° 10' 38" E,A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING CONTAINING 28.38 ACRES MORE OR LESS. PER OFFICIAL RECORDS BOOK 4878,PAGE 1799 PARCEL 2(WEST ONE-HALF) THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID: 00151360000 PARCEL 3: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. RMC-Enclave RPUD Page 6 of 10 08/07/2014 Packet Page-3387- 9/9/2014 17.C. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: .._ THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL ID:00148520002 PARCEL 4: HE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID:00151440616 PARCEL 5(WEST ONE-HALF): THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PER OFFICIAL RECORDS BOOK 4855,PAGE 2343 PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION I3,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 88 DEGREES 20 MINUTES 15 SECONDS WEST,ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID' SECTION 13, FOR A'DISTANCE OF 2692.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE CONTINUE NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE,PARCEL OF LAND HEREIN DESCRIBED;-THENCE RUN SOUTH 88 DEGREES 32 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY,WHOSE RADIUS POINT BEARS NORTH 64 DEGREES 58 MINUTES 04 SECONDS EAST,A DISTANCE OF 2047.36 FEET THEREFROM;THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 38 SECONDS,SUBTENDED BY A CHORD OF 304.42 FEET AT A BEARING OF NORTH 20 DEGREES 46 MINUTES 07 SECONDS WEST,FORA DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 32.50 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST, A DISTANCE OF 2014.86 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2014.86 FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES 54 MINUTES 47 SECONDS, SUBTENDED BY A CHORD OF 383.19 FEET AT,A BEARING OF NORTH 11 DEGREES 02 MINUTES 55 SECONDS WEST, FOR A DISTANCE OF 383.77 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 88 DEGREES 35 MINUTES 26 SECONDS EAST,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 209.92 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE RUN SOUTH 00 DEGREES 36 MINUTES 50 SECONDS EAST,ALONG RMC-Enclave RPUD Poole 7 of 10 08/07/2014 Packet Page-3388- 9/9/2014 17.C. THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING. PARCEL 2(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL S(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. RAC-Enclave RPUD Paae 8 of 10 08/07/2014 Packet Page-3389- 1 9/9/2014 17.C. EXHIBIT E ^ I FOR RMC-ENCLAVE RPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to permit a maximum FAR of 0.6. RMC-Enclave RPUD Page 9 of 10 08/07/2014 Packet Page-3390- 9/9/2014 17.C. EXHIBIT F FOR RMC-ENCLAVE RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES The owner will provide a water stub-out at the northern boundary of the project in a location to be approved by the County at time of PPL or SDP, unless waived at that time by the County. 2. ENVIRONMENTAL a. The RPUD shall be required to preserve 25% of native vegetation, 28.08± acres of native vegetation exists on-site requiring a minimum preservation of 7.02±acres(28.08 x.25=7.02)of native vegetation to be retained. The preservation plans shall meet or exceed the requirements of the LDC. b. A management plan for the project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to gopher tortoises. The management plan shall be submitted prior to development of the first phase of the project. 3. TRANSPORTATION The developer or its successors or assigns shall in good faith attempt to obtain secondary project access to Learning Lane. Prior to approval of the first SDP/Plat for the property, the developer shall in conjunction with Collier County transportation staff apply for Learning Lane access to the Collier County School District. If access is granted by the Collier County School Board,the developer shall construct the secondary project access to Learning Lane concurrent with site development of the property. 4. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Enclave Livingston LLC, 1055 Crosspointe Drive, Naples, Florida 34110. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. RMC-Enclave RPUD Pace 10 of 10 08/07/2014 Packet Page-3391- • 9/9/2014 17.C. NAPLES DAILY NEWS KWednesday,August20, 2014a23D 4 NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice,is hereby given that on Tuesday, September 9•2014, in the Board of County Commissioners Meeting•Room, Third Floor, Collier Government Center, 3299 East TarMami Trail,Naples FL, the Board of County Commissioners(BCC).will consider the enactment of a County Ordinance.' The meeting will commence at 9.00 A.M. • The title,of •the proposed Ordinance is as;follows: •An Ordinance of the Board of County Commissioners of'Collier`County, Florida amending Ordinance No 2004-41, as amended, 'the Collier .Countr.Land Development Code which established the comprehensive zoning regulations for �� the unincorporated area of•Collier County,.Florida by amending the appropriate zoning atlas map or maps by changing.,the' zoning classification of'the herein described real property from a Rural Agricultural District (A) and Rural Agricultural District within;a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development(RPUD) zoning district for the project known as RMC-Enclave RPUD to allow construction of a,maximum of 114 single family or multi=family~dwelling units or up,to 350 group housing;units for seniors on property located in Section • 13, Township 48 South, Range 25 East, Collier County, Flonda,consisting of 28.38• acres;and by-providing an effective date. [Petition:PUDT-PL201200039811: A copy of the proposed Ordinance is on file with the-.Clerk to theBoard and is available for inspection.`All interested parties are invited•to attend andbbheard:, NOTE All persons wishing to speak on any agenda item.must:register with the County manager prior to presentatioh of the agenda item to-.be addressed. ' Individual speakers will be limited to 5 minutes on any item.. The selection of any individual to speak on behalf of an organization or group is encouraged. If . recognized by the Chairman, a spokesperson for.a group,.or.organization may be allotted 10 minutes to speak..on an item.: Persons,wishing.to •have written:•,or graphic materials included in the Board agenda packets•,must submit said material•a minimum of 3 weeks prior to the respective public:.hearing. .0 In any,case, written materials intended-to'be considered by the Board shall be,submitted to the appropriate County staff a minimum of Seven days prior to-the public hearing.'All:materials;used in-presentations.before-the Board will become apermanent part of the record:•` Any person who decides to appeal any decision of the Board 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 based.. •- If you are a person with a disability who needs any accommodation in'order to participate in this'proceeding, you are entitled, at no+cost to you to the provision of certain assistance. `Please contact.the ..Collier County Facilities Management Department, located at 3335 Tamiami Trail-East..Suite#101,'Naples,:FL'34112-5356, (239)252=8380, at least two days prior to the meeting Assisted listening.devices for the hearing'impaired are available in.,the••Board•of„County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY,FLORIDA �� TOM HENNING, • . CHAIRMAN +:• • DWIGHT E.BROOK;CLERK' . By: Teresa Cannon . .; .. Deputy Clerk(SEAL) August 70 2014 No 7033106 Packet Pa a-3392- . . . .