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Agenda 01/22/2013 Item #17A 1/22/2013 Item 17.A. EXECUTIVE SUMMARY Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, 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 Residential Planned Unit Development zoning district (RPUD) to a RPUD zoning district, for a project known as the Buttonwood Preserve RPUD (Petition Number PUDA-PL20120001105) to allow up to 220 residential dwelling units on property located southeast of the Immokalee Road (CR 846) and Collier Boulevard (CR 951) intersection on Tree Farm Road approximately .7 miles east of Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 53.8± acres; providing for the repeal of Ordinance Number 2007-42, the former Buttonwood Preserve RPUD; and by providing an effective date. 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 amendment 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 subject property contains a number of undeveloped or moderately developed parcels containing agricultural uses. The original development was rezoned in 2007 from the Agriculture Zoning District (A) to Residential Planned Unit Development District (RPUD), specifically Buttonwood Preserve RPUD, Ordinance Number 07-42, approved by the Board of County Commissioners (BCC) on April 24, 2007. The approved ordinance allowed for the development of 220 residential dwelling units based on 4 dwelling units per acre. The project could be developed with any combination of single family, two family duplex or multi- family units. Accessory uses approved by the ordinance include recreation uses, open space and preserve areas. The proposed changes are summarized below (taken from the narrative statement provided in the application and revised during the review of the application): • Reduction of the required native vegetation preserves acreage from 13.45 acres to 11.6 acres. • Recognition of the previous owners' 1.25+/- acre right-of-way contribution per OR Book 4290 Page 3356. • Retention of one (1) of the previously approved deviations in the original RPUD regarding Right-of-Way width within the development. • The introduction of a new deviation regarding the maximum allowable height of wall/fences along the developments perimeter. • The introduction of a new deviation regarding temporary use permit time limits for model homes. PUDA-PL20120001105: BUTTONWOOD RPUD Page 1 of 6 December 19, 2012(Revised 12-20-12) BCC Hearing Date January 22,2013 Packet Page-1730- 1/22/2013 Item 17.A. • The introduction of a new deviation regarding the maximum number of model homes allowed to occur within the development. • The introduction of new deviations regarding the size and number of display days allowed per calendar year for banner signs. • The introduction of a new deviation regarding the setback requirement for directional signs within the development. Because this PUD is primarily undeveloped, the petitioner is requesting to repeal Ordinance Number 07-42 and proposing a new PUD Ordinance using the current PUD format, e.g., Exhibits A-F rather than sections. It is not logical to prepare a strike thru/underline document as the entire document would be stricken thru. The petitioner is seeking approval of six deviations which are discussed later in this report. These are discussed at length in the staff report prepared for the 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 located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The original Buttonwood Preserve PUD, Planned Unit Development, was approved in 2007 for residential uses at a density of 4 dwelling units per acre (DU/A), or a maximum of 220 dwelling units, associated recreational uses, and preserve lands - all deemed consistent with that Subdistrict. Additional analysis is contained in the CCPC staff report. Based on that analysis, staff concludes the amendment is consistent with the Future Land Use Element. 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 project 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). PUDA-PL20120001105: BUTTONWOOD RPUD Page 2 of 6 December 19,2012 (Revised 12-20-12) BCC Hearing Date January 22,2013 Packet Page-1731- 1/22/2013 Item 17.A. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Per section 2-1193 of the Collier County Codes of Laws and Ordinances, this project no longer meets the qualification for an EAC hearing unless directed by the CCPC or BCC. An updated listed species survey was provided and no nests, burrows, or listed species of wildlife were found on the project site. A minimum of 11.6 acres of native preserve is required for this project. The current project site contains 46.5 acres of native vegetation and 25% of the existing native vegetation is required to be preserved. A minimum of 11.6 acres of native preserve shall be provided as shown on the PUD master plan. The previously approved preserve locations are consistent with the GMP and LDC. 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 as indicated previously in the GMP discussion. 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 heard this petition on December 6, 2012. By a vote of 8 to 0, with Commissioner Brougham making the motion and Commissioner Ebert seconding the motion. The CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following stipulations: The PUD document shall be revised as follows: 1) The addition of Section 4.4 and 4.5 in the transportation section of the PUD. 2) A fence or wall will be required along the south west and southern boundaries of the development. This requirement to be shown on the master site plan. 3) The model homes will be limited to a 6-year period instead of the proposed 10 years noted in deviation 2. Staff has not received any correspondence in opposition to this petition. This Executive Summary can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: [Quasi-judicial,Four-fifths vote for approval] This is a rezone from a residential Planned Unit Development Zoning District to a Residential Planned Unit Development (RPUD)Zoning District for a project to be known as the Buttonwood Preserve RPUD. The burden falls upon the applicant to prove that the proposed rezone is PUDA-PL20120001105: BUTTONWOOD RPUD Page 3 of 6 December 19, 2012 (Revised 12-20-12) BCC Hearing Date January 22,2013 Packet Page -1732- 1/22/2013 Item 17.A. 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 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? PUDA-PL20120001105: BUTTONWOOD RPUD Page 4 of 6 December 19, 2012 (Revised 12-20-12) BCC Hearing Date January 22,2013 Packet Page-1733- 1/22/2013 Item 17.A. 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 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 PUDA-PL20120001105: BUTTONWOOD RPUD Page 5 of 6 December 19, 2012 (Revised 12-20-12) BCC Hearing Date January 22,2013 Packet Page-1734- 1/22/2013 Item 17.A. 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 reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance. PREPARED BY: Mike Sawyer, Project Manager, Planning and Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Back-up information 3) Ordinance PUDA-PL20120001105: BUTTONWOOD RPUD Page 6 of 6 December 19, 2012(Revised 12-20-12) BCC Hearing Date January 22,2013 Packet Page-1735- 1/22/2013 Item 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 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 consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, 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 Residential Planned Unit Development zoning district (RPUD)to a RPUD zoning district, for a project known as the Buttonwood Preserve RPUD (Petition Number PUDA-PL20120001105)to allow up to 220 residential dwelling units on property located southeast of the Immokalee Road (CR 846) and Collier Boulevard (CR 951) intersection on Tree Farm Road approximately .7 miles east of Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 53.8± acres; providing for the repeal of Ordinance Number 2007-42, the former Buttonwood Preserve RPUD; and by providing an effective date. Meeting Date: 1/22/2013 Prepared By Name: SawyerMichael Title: Project Manager,Engineering&Environmental Servic 12/21/2012 2:54:33 PM Approved By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 12/26/2012 11:08:04 AM Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 12/26/2012 2:57:55 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Packet Page -1736- 1/22/2013 Item 17.A. Date: 12/31/2012 3:16:48 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/9/2013 7:23:47 AM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 1/11/2013 2:52:17 PM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 3:26:39 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/11/2013 4:20:5 5 PM Name: OchsLeo Title: County Manager Date: 1/14/2013 9:42:28 AM • Packet Page-1737- 1/22/2013 Item 17.A. Co it County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING &REGULATION HEARING DATE: DECEMBER 6, 2012 SUBJECT: PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD PROPERTY OWNER &APPLICANT/AGENT: Property Owner/Applicant: Neal Communities of Southwest Florida, LLC 8210 Lakewood Ranch Boulevard Bradenton, Fl 34202 Agents: R. Bruce Anderson, Esquire Alexis Crespo, AICP Roetzel and Andress Waldrop Engineering, P.A. 850 Park Shore Drive, Trianon Centre, 3rd Floor 28100 Bonita Grande Drive, Suite 305 Naples,FL 34013 Bonita Springs, Fl 34135 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Buttonwood Preserve Residential Planned Unit Development (RPUD), to allow several changes to the development including a reduction in required preserve acreage and additional proposed deviations. GEOGRAPHIC LOCATION: The subject property, consisting of 55+/- acres, is located approximately 0.7 miles east of Collier Boulevard (C.R. 951) and south of Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 1 of 20 November 14,2012(Revised November 15,2012, November 20,2012, November 26,2011, December 19, 2012) Packet Page -1738- 1/22/2013 Item 17.A. (Insert location map) • PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 2 of 20 November 14, 2012(Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page-1739- 1/22/2013 Item 17.A. (Insert Master Plan) PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 3 of 20 November 14,2012(Revised November 15,2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page-1740- 1/22/2013 Item 17.A. PURPOSE/DESCRIPTION OF PROJECT: $> The subject property contains a number of undeveloped or moderately developed parcels containing agricultural uses. The original development was rezoned in 2007 from the Agriculture Zoning District (A) to Residential Planned Unit Development District (RPUD), specifically Buttonwood Preserve RPUD, Ordinance Number 07-42, approved by the Board of County Commissioners (BCC) on April 24, 2007. The approved ordinance allowed for the development of 220 residential dwelling units based on 4 dwelling units per acre. The project could be developed with any combination of single family, two family duplex or multi-family units. Accessory uses approved by the ordinance include recreation uses, open space and preserve areas. The proposed changes are summarized below(taken from the narrative statement provided in the application and revised during the review of the application): • Reduction of the required native vegetation preserves acreage from 13.45 acres to 11.6 acres. • Recognition of the previous owners' 1.25+/- acre right-of-way contribution per OR Book 4290 Page 3356. • Retention of one (1) of the previously approved deviations in the original RPUD. • The introduction of a new deviation regarding the maximum allowable height of wall/fences along the developments perimeter. • The introduction of a new deviation regarding temporary use permit time limits for model homes. • The introduction of a new deviation regarding the maximum number of model homes allowed to occur within the development. • The introduction of new deviations regarding the size and number of display days allowed per calendar year for banner signs. • The introduction of a new deviation regarding the setback requirement for directional signs within the development. Because this PUD is primarily undeveloped, the petitioner is requesting to repeal Ordinance Number 07-42 and proposing a new PUD Ordinance using the current PUD format, e.g., Exhibits A-F rather than sections. It is not logical to prepare a strike thru/underline document as the entire document would be stricken thru. The petitioner is seeking approval of six deviations which are discussed later in this report. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 4 of 20 November 14, 2012 (Revised November 15, 2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page -1741- 1/22/2013 Item 17.A. SURROUNDING LAND USE AND ZONING: North: Tree Farm Road right-of-way, then an undeveloped parcel known as Warm Springs with a zoning designation of residential Planned Unit Development (PUD), approved at an overall density of 3.78 units per acre. East: A developed 18.21+/- acre tract with a zoning designation of Agricultural (A), with a Provisional Use (PU) for a constructed communication tower, then a developed residential project known as Vanderbilt County Club with a zoning designation of Planned Unit Development(PUD), approved at an overall density of 2.5 units per acre. South: The same Vanderbilt County Club Planned Unit Development (PUD)noted above. West: The partly developed residential project known as Bristol Pines with a zoning designation of Residential Planned Unit Development (RPUD), approved at an overall density of 6.85 units per acre. ;.,a...',..1774.757„,.0,- —TREE'FARM P' ' K ,4 1 , `+' l— f.40 +` a1 :west d, 1 , 0 -� , Y` w{ S R_, RJR. LL "i. 1 .-.• y 1gy„ 1 1 �...yet YIR+Y• ./d. +Wmun CSS-y, y �,, �" s @ y r `� en ,„ lea a„ oF ,. �. *"s'' 4' *2,1—, r xW , , ,rc _4:,.. . N” #- 11 > ., "ate it +3 j —pr\•t!" e .r- T t�'''.. . - " g�"(' .yam Aerial Photo (subject site depiction is approximate) PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 5 of 20 November 14,2012(Revised November 15,2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page -1742- 1/22/2013 Item 17.A. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict). Under the Density Rating System in the FLUE, it is eligible for the base density of 4 DU/A (55 acres x 4 DU/A = 220 DUs). Though the acreage is reduced due to right-of-way loss, the original acreage figure is used to calculate density, and consistent with past practice. FLUE Objective 7 and relevant policies are stated below (in italics); each policy is followed by staff analysis (in bold). 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. (The project's entrance is provided from Collier Boulevard an arterial roadway, accessed by Tree Farm 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. (The RPUD Master Plan depicts a loop road within the project; however, interconnections to adjacent properties and multiple ingress/egress points are not proposed due to the existing configuration of the surrounding developments.) 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. (The subject site does not propose interconnections to neighboring properties as noted above in Policy 7.2.) 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 RPUD will be developed with an internal sidewalk system. Additionally, the RPUD is proposed to include various housing types, including single family, townhomes, multi-family dwellings; and recreational facilities.) 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 project 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). Based on the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the GMP. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 6 of 20 November 14,2012 (Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page -1743- 1/22/2013 Item 17.A. 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 as the "PUD Findings"), and Subsection 10.03.05.I, 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 review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Per section 2-1193 of the Collier County Codes of Laws and Ordinances,this project no longer meets the qualification for an EAC hearing unless directed by the CCPC or BCC. An updated listed species survey was provided and no nests, burrows, or listed species of wildlife were found on the project site. A minimum of 11.6 acres of native preserve is required for this project. The current project site contains 46.5 acres of native vegetation and 25% of the existing native vegetation is required to be preserved. A minimum of 11.6 acres of native preserve shall be provided as shown on the PUD master plan. The previously approved preserve locations are consistent with the GMP and LDC. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Utility Review: This project is located within Collier County Water and Sewer District and Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner has included those commitments as requested. 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 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. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. The development standards contained in Exhibit B of the PUD document have not been changed except for the addition of height distance note 7 which provides for clock towers or similar architectural features to be permitted up to 45 feet zoned building height and 50 feet actual height. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 7 of 20 November 14, 2012 (Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page -1744- 1/22/2013 Item 17.A. The types of uses that would be allowed in this project have not changed. As illustrated in the aerial photograph located on page 2 of the staff report, "the surrounding land use zoning discussion" of this staff report, and the Master Plan, the site is bounded to the east by a developed 18.21+/- acre tract with a zoning designation of Agricultural (A), with a Provisional Use (PU) for the currently constructed communication tower, then the developed Vanderbilt County Club with a zoning designation of residential Planned Unit Development (PUD), approved at a overall density of 2.5 units per acre. To the south is the continuation of Vanderbilt County Club Planned Unit Development (PUD). To the west is the partly developed residential development of Bristol Pines with a zoning designation of Residential Planned Unit Development (RPUD), approved at an overall density of 6.85 units per acre. To the north is the Tree Farm Road right-of-way, then the undeveloped residential Warm Springs with a zoning designation of residential Planned Unit Development (PUD), approved at an overall density of 3.78 units per acre. This project was originally approved with a maximum density of 4 units per acre which will not change with this amendment petition and remains comparable to what has been approved for the surrounding projects. The surrounding PUDs have similar development standards to what is proposed herein, as to minimum setbacks and lot sizes. Bristol Pines PUD was approved for a maximum building height of 35 feet and two stories, while the Warm Springs PUD was approved with a maximum building height of 45 feet for principal structures, 35 feet for accessory structures and a maximum of 3 stories. The Vanderbilt Country Club was approved for a maximum building height of 35 feet for single family structures with multi-family structures approved for three habitable stories exclusive of understory parking with no mention of maximum building height. Exhibit C, master plan for this petition maintains all of the previously approved perimeter landscape buffers and is consistent with LDC requirements. Deviation Discussion: The petitioner is seeking six deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. Deviation 1 seeks relief from LDC Section 5.03.02.C,that limits the maximum wall/fence height to six (6) feet in residential zoning districts, to allow for a maximum height of eight(8) feet for a wall/fence or combination wall/fence/berm along the development perimeter. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for additional visual screening between the proposed uses and surrounding residential and agricultural lands. The deviation will enhance the proposed RPUD and surrounding properties, while protecting public health, safety and welfare. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. Additionally the proposed 8-foot tall wall/berm combination seems appropriate where it is shown on the Master Plan, Exhibit C. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 8 of 20 November 14,2012(Revised November 15,2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page-1745- 1/22/2013 Item 17.A. 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." Deviation 2 seeks relief from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit for a model home and sales center shall be issued initially for a period of three (3) years, to allow the model homes and sales center to remain for up to ten (10) years without requiring a conditional use. Petitioner's Rationale: The petitioner provided the following justification for this deviation: In this uncertain economy and real estate market a developer needs the ability to maintain model homes and a sales center for an extended period of time without having to go through a long and expensive Conditional Use process to be able to keep marketing the housing products. The proposed timeframe is reasonable based upon the size of the RPUD and number of proposed units. Staff Analysis and Recommendation: Due to the current economic and real estate industry conditions staff agrees that some allowance can be made to allow the continuation of use for model homes and sales center for an extended period of time. With the size of the project allowing a maximum of 10 years without a conditional use seems appropriate therefore, staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. 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 1 0.02.13.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." Deviation 3 seeks relief from LDC Section 5.04.04.B.5.c. that limits the number of model homes to five, to allow a maximum of fifteen model homes and a sales center. Petitioner's Rationale: The applicant states in his justification for this deviation the following: In an effort to provide potential purchases with a variety of residential styles,floor plans and upgrades it is beneficial to allow these customers to see and experience the various alternatives and options available to them to make an informed purchase. Because the Land Development Code makes no distinction between model homes and speculative homes it is necessary to request up to fifteen (1 5) model homes which includes speculative homes. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 9 of 20 November 14,2012(Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page-1746- 1/22/2013 Item 17.A. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some Adelk allowance can be made to allow additional model units. Hacienda Lakes PUD, which was approved for over 1,700 residential units received deviation approval to allow up to 60 model homes. Given this developers desire to display multiple model home options, configurations as well as product range, allowing a maximum of 15 models seems appropriate because the models will be contained within the development and the project is not located directly on a major public traffic corridor. Staff does not see a detrimental effect if this deviation request is accommodated. However, staff suggests that the developer be required to provide documentation at each development order stating how many models are in operation to ensure the total of 15 is not exceeded. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the developer provide the number of existing model home/units as part of the application material for every development order, 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." Deviation 4 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 60 days per calendar year. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The requested deviation will allow for a banner sign announcing the project's grand opening and/or available home sales, at a scale that has been previously approved for other residential communities within Collier County. The subject property is not located in a highly visible area of the County with emerging residential growth, such as the Immokalee Road area corridor east of 1-75. Therefore, the deviation will provide additional signage area to assist in marketing efforts, while protecting view sheds from Tree Farm Road. The sign will be temporary in nature, and will undergo the requisite temporary sign permit process in accordance with Section 5.04.06. of the LDC. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. The additional number of display days proposed seems appropriate given that the development is not located directly on a major traffic corridor. What is proposed is also the temporary banner standards for commercially zoned properties, which is more similar to the application proposed except for the additional display days noted above. 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." PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 10 of 20 November 14, 2012 (Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page -1747- 1/22/2013 Item 17.A. Deviation 5 seeks relief from LDC Section 5.06.02.B.5,which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on-premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for the development of appropriate directional signage internal to the RPUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. Furthermore, this deviation is typical of many of the master planned developments throughout Collier County. The reduced setback will allow for flexibility of signage placement, while ensuring public health, safety and welfare is protected. 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." Deviation 6 seeks relief from LDC Section 6.06.01.0, which requires cul-de-sacs and local streets to have a minimum sixty (60') right-of-way width, to allow a minimum right-of-way width of 50' for private, local streets internal to the proposed development. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for design flexibility within this infill parcel and was previously approved per Ordinance 07-42. The reduced right-of-way width will allow the Applicant to achieve a higher percentage of on-site, usable open space while providing the necessary infrastructure requirements, including sidewalks, standard 10' wide travel lanes and utility easements. Additionally, the right-of-way will be privately maintained by the future Homeowners Association (H0A). Studies have determined that reduced right-of-way widths act as a traffic calming feature and will assist in maintaining public health, safety and welfare within the community. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. However, zoning staff reiterates the comments provided by the fire reviewer: . . . . there is not enough information at this time to offer specific comment regarding compliance with currently adopted Fire Codes, please note that as the site development progresses, all permits will be subject to compliance with all Fire Codes, Standards, Ordinances and local FCO Policy & Procedures adopted and in place at the time of the PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 11 of 20 November 14, 2012(Revised November 15,2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page-1748- 1/22/2013 Item 17.A. respective permit. This shall include, but not be limited to fire lane widths, turning radii and dead-end requirements, hydrant locations,fire flow requirements, etc. The petitioner has not sought relief(nor can he) from any fire code requirements as part of this zoning action, thus it is understood that compliance as requested above would be required. 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 10.03.05.I.2 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 has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions 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 relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development 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. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 12 of 20 November 14, 2012 (Revised November 15,2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page-1749- 1/22/2013 Item 17.A. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the analysis provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUD Amendment remains 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. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising only minor property development standards, and staff believes uses remain compatible given those standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve 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 at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, 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. 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. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 13 of 20 November 14,2012(Revised November 15, 2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page -1750- 1/22/2013 Item 17.A. The petitioner is seeking six deviations 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 has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.03.05.1 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" (Staff's 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. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 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 at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 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 district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 14 of 20 November 14,2012(Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page -1751- 1/22/2013 Item 17.A. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. • 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment 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 with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 15 of 20 November 14,2012(Revised November 15, 2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page-1752- 1/22/2013 Item 17.A. 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 conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 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 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; Atek 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, if staff's conditions of approval are adopted, 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 subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. 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. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 16 of 20 November 14, 2012 (Revised November 15, 2012, November 20, 2012, November 26, 2011, December 19, 2012) Packet Page-1753- 1/22/2013 Item 17.A. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended 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. Additional development anticipated by the PUD document would require considerable site alteration. 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. 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): Neal Communities of Southwest Florida, LLC, in conjunction with Waldrop Engineering, P.A. and Passarella and Associates, Inc. conducted a Neighborhood Information Meeting (NIM) on Monday, July 23, 2012. The meeting was held at 5:30 p.m. at the Golden Gate Fire Control & Rescue District at 14575 Collier Blvd. Approximately 8 residents were in attendance, not including the consultant team. Handouts were distributed outlining the project overview, proposed uses, and site development regulations. Patrick Neal, the applicant and contract purchaser of the subject property, began the meeting with introductions of the consultant team and an overview of Neal Communities. He also indicated the proposed product types and price points for the Buttonwood Preserve project. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 17 of 20 November 14,2012(Revised November 15,2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page 4754- 1/22/2013 Item 17.A. Alicia Dixon with Passarella and Associates, Inc. provided an overview of the on-site preserves, both approved and proposed. She pointed out where the proposed modification to preserve boundaries is located on the plan. She also discussed the Big Cypress Fox Squirrel management plan that would be required at the time of site development approval. An attendee asked if Big Cypress Fox Squirrels were found on the property. Alicia indicated that they had previously located some nests on-site, but they were determined not to be Big Cypress Fox Squirrel nests. She explained the process for surveying the site for additional nests prior to site development activities. Alexis Crespo with Waldrop Engineering, P.A. provided an overview of the approved and proposed PUD master plans and explained the changes proposed as part of the application. She stated there is no decrease to the previously approved buffers. She also outlined the public hearing process required for final approval of the amendment. Following the applicant's presentation, the meeting was opened for Q&A. The following is a summarized list of the questions asked and responses given. Question/Comment 1: Where is the fence measured from to determine height? Response: It will be measured from finished grade. Question/Comment 2: When do you think the project will go to the Planning Commission? Response: The earliest Planning Commission date is late October or early November. The Board of County Commissioners hearing will occur in December 2012 or early 2013. Question/Comment 3: Is there a requirement to connect utilities between the project and Bristol Pines? Response: No. The project will tie into the existing water and sewer lines on Tree Farm Road. There is no requirement to tie into Bristol Pines utilities. Question/Comment 4: Is there a rainwater drainage outflow off the property? Response: Stormwater will be collected in proposed lakes, then routed to the northwestern lake, and discharged into the on-site wetlands. The applicant added that the water is purified while stored in the lakes to ensure the required water quality is met. Ultimately, the water is routed to the CR 951 canal. Question/Comment 5: The previous PUD document noted the property is in Zone X. Has this changed? Response: It has changed. The property is now located within Zones AH and AE. The property is not located in a floodplain. Question/Comment 6: How does the stormwater get to CR 951 without going through Bristol Pines? Response: It is routed through the roadside swale on Tree Farm Rd. PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 18 of 20 November 14, 2012(Revised November 15,2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page-1755- 1/22/2013 Item 17.A. Question/Comment 7: Why didn't the applicant purchase Phase 2 of Bristol Pines? Response: The lots in Bristol Pines 2 are platted for townhouses. Neal Communities is a single family home builder and the lots are too shallow for the single family product. Question/Comment 8: The Applicant asked the attendees who they should communicate with on the Bristol Pines and Vanderbilt Country Club HOA boards. Response: Tom Doucette from Bristol Pines and Dennis Davidson from Vanderbilt Country Club provided their information. Question/Comment 9: What are the square footages of the homes? Response: The median size is 2,200—2,500 s.f. Question/Comment 10: Are you afraid of flooding the market with new homes? Response: No, we sold 400+ homes last year, and have sold 350+/- homes so far this year. The market is recovering, particularly in Southwest Florida. Question/Comment 11: The previous PUD document allowed models homes to be constructed within the property. Do you plan on building model homes? If so, how many? Response: Yes, the project will have model homes. Question/Comment 12: Do you have any other local projects? Response: Yes, we have local consultants and a new Vice President that has experience in this area. We are working on a project in Estero. There were no further questions or comments. Mr. Neal thanked attendees for coming and reiterated the consultant team's contact information for future questions. Michael Sawyer also provided his contact information. The meeting concluded at approximately 6:05 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20120001105 to the BCC with a recommendation of approval subject to staff's recommended action on the deviations as shown below: Approval of Deviation 1, 2,4, 5 and 6. Approval of Deviation 3 with the stipulation that the developer provide the number of existing model home/units as part of the application material for every development order. Attachments: A. Application B. PUD Ordinance PUDA-PL20120001105: BUTTONWOOD PRESERVE RPUD Page 19 of 20 November 14, 2012(Revised November 15, 2012, November 20, 2012, November 26,2011, December 19, 2012) Packet Page -1756- 1/22/2013 Item 17.A. PREPARED BY: MICHAEL SAWYER, PROJECT MANAGER DATE PLANNING AND ZONING DEPARTMENT REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT • MICHAEL BOSI, AICP, INTERIM DIRECTOR DATE PLANNING AND ZONING DEPARTMENT APPROVED BY: NICK CASALANGUIDA, ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the January 22, 2013 Board of County Commissioners Meeting PUDA-PL20110001105: BUTTONWOOD PRESERVE RPUD Page 20 of 20 November 14,2012 Packet Page-1757- 1/22/2013 Item 17.A. WALDROP ENGINEERING • CIVIL ENGINEERING& LAND DEVELOPMENT CONSULTAN75 / • June 4, 2012 Mr. Michael Sawyer Zoning& Land Development Review Department Community Development&Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Buttonwood Preserve PUD Amendment(PUDA) PUDA-PL2012-1105 Dear Mr.Sawyer: • Enclosed for your review is an Application for PUD Amendment(PUDA) in regards to the Buttonwood Preserve RPUD ("Property"),a 53.75+/- acre project located 0.7 miles east of Collier Blvd.and south of Tree Farm Road in unincorporated Collier County, Florida.The Property is within Section 35,Township 48 South, Range 26 East and is designated within the Urban Residential Subdistrict per the Collier County Future Land Use Map. BACKGROUND/EXISTING CONDITIONS: The Property was originally rezoned in 2007 from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) per Ordinance 07-42. This approval allows for the development of 220 residential dwelling units (4 du/acre), ancillary recreational uses, and open space/preserve areas. At the time of zoning approval, the Applicant committed to retain 13.45 acres of native vegetation on- site, which is 1.85 acres above the requirement of Land Development Code (LDC) Section 3.05.07.B. Due to ongoing changes in market conditions the Property has remained vacant since RPUD approval, and is currently utilized for agricultural uses. In terms of surrounding development patterns, the Vanderbilt Country Club abuts the property to the south and a portion of the eastern property line; the partially constructed Bristol Pines residential community abuts the Property to the west; vacant lands containing a Comcast cell tower lie to the east; and the Tree Farm Road right-of-way abuts the northern property line. REQUEST:, Neal Communities of Southwest Florida, LLC ("Applicant") is requesting approval of a RPUD Amendment to reduce the native vegetation preserve acreage from 13.45 acres to 11.6 acres in compliance with the LDC. This modification requires text amendments to the PUD document and an amendment to the PUD Master IPlan as demonstrated on the enclosed exhibits. Additionally, the Applicant is proposing the deletion of Buttonwood Preserve-PUDA-P12012-1105 Cover Letter Page 1of3 Packet Page-1758- 1/22/2013 Item 17.A. obsolete text and satisfied commitments throughout the PUD document, removal of the deviation for cul- de-sac length, and the addition of two(2) deviations for temporary signage and fence/wall height. Due to the previous owner's right-of-way contribution per OR Book 4290 Page 3356, the overall RPUD acreage has decreased by 1.25+/-acres.The maximum density of 220 units is based upon the original RPUD acreage of 55+/-acres established prior to the right-of-way donation. The Applicant is not seeking any additional units via this amendment. Additionally, the Applicant is not requesting changes to the approved schedule of permitted uses or site development regulations. Buffer yards are proposed in compliance with the Land Development Code and the previous RPUD approval. As such, the Buttonwood Preserve RPUD will remain compatible with surrounding developments. ENVIRONMENTAL CONDITIONS: Per the FLUCCS Map and Protected Species Survey prepared by Passarella & Associates, Inc., the site contains 46.5 acres of native vegetation. As noted above, 25% of the existing native vegetation, or 11.6 acres, is required for preservation within the RPUD. In compliance with the LDC, the Applicant is proposing to retain 11.6 acres of native vegetation on-site as depicted on the proposed PUD document and master plan. During the 2012 listed species survey the inactive gopher tortoise burrow identified in 2006 was no longer found. As such, a gopher tortoise management plan is no longer warranted for the project. The plan still addresses the conservation of potential Big Cypress fox squirrel habitat on-site. INFRASTRUCTURE: The subject property will be accessed via the existing ingress/egress from Tree Farm Road, as depicted on the RPUD Master Plan. The Applicant is not seeking additional units or uses that would increase the project's trip generation; therefore a Traffic Impact Statement(TIS) is not required as part of this submittal. Please also refer to the enclosed TIS waiver request. Potable water and sanitary sewer will be provided by Collier County Utilities (CCU) through existing lines located along Tree Farm Road. A statement of availability from CCU is enclosed as part of this application. CONCLUSION: In summary, the proposed amendment will allow for the development of the Property in a manner that is consistent with the Collier County Land Development Code and Growth Management Plan, and compatible with the surrounding communities. The Applicant is not seeking additional density or uses via this amendment, and the site development regulations previously approved are not proposed for modification. Lastly, the proposed deviations will allow for enhanced design flexibility to develop an infill community, while protecting public health, safety and welfare. fp" Buttonwood Preserve—PUDA-PL2012-1105 Cover Letter Page 2 of 3 Packet Page-1759- 1/22/2013 Item 17.A. Per the Pre-Application Meeting Notes,the following items are enclosed for your review: 1. Twelve(12) copies of the submittal cover letter detailing the purpose of the amendment request; 2. A check(#0090153247) in the amount of$11,643.75 for the PUD Amendment Application Fee; 3. One (1) copy of the PUDA application checklist; 4. One (1)copy of the pre-application meeting notes; 5. Twelve(12)copies of the completed PUD Amendment Application; 6. Twelve(12)copies of the proposed PUD Conceptual Site Plan (24"x36"); 7. One (1)copy of the PUD Conceptual Site Plan(8.5"x11"); 8. Twelve (12)copies of the approved PUD document and Master Plan (24"X36"); 9. Twelve(12)copies of the proposed PUD document in strike-through/underline format; 10. Twelve(12) copies of the Evaluation Criteria; 11. Three (3) copies of the Warranty Deed; 12. One (1)original and one (1)copy of the Owner Affidavit; 13. One (1)original and one(1) of the Covenants of Unified Control; 14. Two (2)copies of the approved Addressing Checklist dated 5/11/12; 15. Two (2) copies of the Protected Species Survey(1 electronic copy provided) prepared by Passarella &Associates, Inc.; 16. Four(4)copies of the Utility Provisions Statement(no sketches requires); 17. One (1) copies of the Traffic Impact Statement (TIS)Waiver request; 18. Five (5)copies of the Aerial(min. scaled 1"=400') showing FLUCCS Codes, Legend and Project boundary prepared by Passarella &Associates, Inc.; 19. Twelve (12) copies of the Justification for Requested Deviations; 20. Two(2)copies of the 2012 PUD Monitoring Report; and 21. Three (3) copies of the entire submittal documents on CD-ROM. Should you require additional information or have any questions, please feel free to contact me directly at (239)405-7777, ext. 207,or alexisc @waldropengineerine.com. Sincerely, WALDROP ENGINEERING,P.A. Critle Alexis V. Crespo,AICP, LEED AP Principal Planner Enclosures cc: Patrick K. Neal, Neal Communities of Southwest Florida, LLC w/enclosures R. Bruce Anderson, Roetzel &Andress, L.P.A. w/enclosures Ken Passarella, Passarella &Associates w/enclosures Buttonwood Preserve—PUDA-PL2012-1105 Cover Letter Page 3 of 3 Packet Page -1760- t 1/22/2013 Item 17.A. •c ,fly County 2800 NORTH HORSESHOE DRIVE COLLIER COUNTY GOVERNMENT NAPLES, FLORIDA 34104 GROWTH MANAGEMENT DIVISION/ NAPLES,ES, FLO FAX 4104 252-6358 PLANNING AND REGULATION ,.n,wu collieraov,net AFFUCAT1CON FOR PUBLIC HEARING FOR 0 PUD TO PUD REZONE (PUDZ A)„ AMENDMENT TO PUD (PUD A) El PUD REZONE (PUDZ) ❑ \ PPDrr:otii:e:c:t:N/:aJP1m2UeD:ABuPow1o2o0d00P1r1e0s5ee UD NAME UE: 1 DTE PROCESSED APPLICANT INFORMATION OF APPLICANT(S) Neal Communities of Southwest Florida, LLCon FL ZIP 34202. NAME Bradenton STATE _______ ADDRESS 8210 Lakewood Ranch Blvd. cITY 941.STATE 00 111 TELEPHONE# 941-32B-1111 CELL# FAX# E-MAIL ADDRESS: pneal @nealcommunities.com low- --___-_. _ . - -_-_---_-.-- —.- ineerin -e/o-Alexis-GrespO,AC NAME OF AGENT Waldrop Ong FL 34135 CITY Bonita Springs STATE ZIP ADDRESS 28100 Bonita Grande Drive, Suite 305 239-405-7899 TELEPHONE # 239-405-7777 CELL# 239-850-8525 FAX# E-MAIL ADDRESS: alexisc @waldropengineering.com NAME OF AGENT: Roetzel &Andress. L.P.A. c/o R. Bruce Anderson ADDRESS:850 Park Shore Drive, Na fes, FL 34103 R4ndersonCa�ralaw.com TELEPHONE: (2391 649-2708 FAX: (2391 261-3659 EMAIL: — — — BE A WARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS TGUID RYOU SELF . ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE - ; 110 „ow February 4,2011 Packet Page -1761- 1/22/2013 Item 17.A. , A Cor 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.collieroov.net • ASSOCIATIONS. Complete the following For all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collierciov.net/Index.aspx?pace=774 NAME OF HOMEOWNER ASSOCIATION: Vanderbilt Country Club Homeowners Association -, MAILING ADDRESS 8555 Danbury Blvd.,#105 CITY Naples STATE FL ZIP 33904 NAME OF HOMEOWNER ASSOCIATION: Bristol Pines Homeowners Association MAILING ADDRESS 4306 Arnold Avenue CITY Naples STATE FL ZIP 34108 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-1762- • 1/22/2013 Item 17.A. Coy 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 Disclosure of Interest Information 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 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 Buttonwood Partners, LLC W. Stephen Hagenbuckle 100% 1314 Cape Coral Parkway, Suite 320 Cape Coral, FL 33904 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 • February 4, 2011 Packet Page -1763- 1/22/2013 Item 17.A. Y Cor 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(iergov.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 I % of Ownership 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 Neal Communities of Southwest Florida, LLC Patrick K. Neal 100% 8210 Lakewood Ranch Blvd. —_ Brad wIton;F-L 34202 — --- — -- — Date of Contract: 2/8/2012 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 I February 4,2011 Packet Page -1764- t 1/22/2013 Item 17.A. i • Cor 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 g. Date subject property acquired ® leased ❑ Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date • h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION _ - I ill s 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-fast-six iiiuirth-s-maximum t-- to-4OO' scale) if--required-to-plc--so-at-the-pre=— - - application 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 35 /48 /26 00205400007; 00205720004; 00206240004; Lot: Block: Subdivision: n0206280006; 00206800606;46675000253; & Plat Book: Page #: Property I.D.#: 46675000305 Metes & Bounds Description: See attached PUD Document Size of property: ft. X ft. = Total Sq. Ft. Acres 53.8+/- Address/general location of subject property: 3500-3710 Tree Farm Rd. & 1446-1480 Davila St. PUD District (LDC 2.03.06): • Residential Community Facilities Commercial _ Industrial • February 4,2011 Packet Page -1765- 1/22/2013 Item 17.A. Coy eY 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 ADJACENT ZONING AND LAND USE Zoning Land Use N RPUD Tree Farm Road;Vacant 5 PUD Multi-family Residential&Golf Course(Vanderbilt Country Club) E - PUD:A Vanderbilt County Club;Vacant RPUD Single-family Residential(Bristol Pines) 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: REZONE REQUEST:. This application is requesting a rezone from the RPUD zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Single Family.Two-Family,Multi-Family& &Accessory Uses Original PUD Name:Buttonwood Preserve Ordinance No.: 2007-42 41, February 4,2011 Packet Page -1766- 1/22/2013 Item 17.A. 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.coitiergov.net EVAL.UAT.ION.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.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. SEE ATTACHED EVALUATION CRITERIA 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. -. - 3.--- Conformity--of the- proposed- PUD-with-the-g-oils- objectives- and -policies- of -the growth -- - management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) 4. The infernal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. T. The ability of the subject property and of surrounding areas to accommodate expansion. • 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 tb a degree at least equivalent to literal application-of such regulations. February J,2011 Packet Page -1767- 1/22/2013 Item 17.A. Goer County 110 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. i NOTICE: _ _-- _ _This_application_ consi.d.zred the_d.eterrramation of-"suf-iciency" ha-s--been— — -- - made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning 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 "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". 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Buttonwood Preserve • PUDZ-A-PL20120001 105 CCPC Package PROPOSED PUD DOCUMENT „/„., • • Packet Page -1771- 1/22/2013 Item 17.A. EXHIBIT A LIST OF PERMITTED USES iiiiii Mir BUTTONWOOD PRESERVE RPUD PERMITTED USES: 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: A. Principal Uses and Structures—"RV Areas: 1. Single-family detached dwelling units 2. Two-family and duplex dwelling units B. Principal Uses and Structures-"R2"Areas: 1. Single family detached dwelling units 2. Two-family,duplex dwelling units 3. Single family attached dwelling units 3. Multi-family dwellings units Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). C. Residential Accessory Uses and Structures: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Model homes and model home sales centers including offices for project administration, construction,sales and marketing. 2. Indoor and outdoor recreational facilities and structures such as pools,fitness facilities, clubhouses, community buildings, playgrounds, playfields, parks, walking trails and tennis courts limited to use by residents and their guests only. 3. Incidental personal services such as ATM, laundry drop-off, mail kiosk, and other services limited to use by residents only. 4. Accessory uses and structures customarily associated with the principal uses permitted in this district, including but not limited to swimming pools, spas, screen enclosures, carports, garages and utility buildings. 5. Temporary construction, sales, and administrative offices for developers and developers' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Entry Gates, Gatehouses, and access control structures. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities and related structures. 9. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lakes areas. Buttonwood Preserve PUDA-PL2012-1105 Page 1 of 10 Last Revised:November 7,2012 Packet Page -1772- 1/22/2013 Item 17.A. 10. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses until such time that the construction of infrastructure improvements commence in support of the residential development. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). D. Principal Uses and Structures—Preserve Areas: 1. Boardwalks, nature trails, shelters, educational kiosks, and other uses permitted within dedicated preserves by the LDC, as long as clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. E. Development Density • A maximum of 220 dwelling units shall be constructed on lands designated "R1" and "R2" on the RPUD Master Plan.The gross project area is 55±acres and the residential density maximum shall be 4 units per acre. eft Buttonwood Preserve PUDA-PL2012-1105 Page 2 of 10 Last Revised:November 7,2012 Packet Page-1773- 1/22/2013 Item 17.A. EXHIBIT B III DEVELOPMENT STANDARDS BUTTONWOOD PRESERVE RPUD Development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC, Growth Management Plan (GMP) and Code of Laws and Ordinances in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Buttonwood Preserve 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. Site development standards for single family detached, two-family, duplex, and single family attached dwelling units apply to individual residential lot boundaries. Multi-family standards apply to the parcel boundaries. • TABLE I BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Two Family Single Family Multi-family Recreation AND STANDARDS Family and Duplex Attached Detached Minimum Lot Area 5,000 SF 3,500 SF *2 1,400 SF 9,000 SF N/A Minimum Lot N/A Width.3 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' N/A MINIMUM YARD PRINCIPAL USES Front 20'*6 20'*6 20' *6 20' *6 15' Side 6' 0'and 6' 0' and 6' *4 32 BH 10' Rear 15' 15' 15' 15' 15' Water body *1 20' 20' 20' 20' 20' Preserve 25' 25' 25' 25' 25' MINIMUM YARD ACCESSORY USES Front 20' *6 20' *6 20' *6 20' *6 SPS Side 6' 0'and 6' 0' and 6' *4 Y2 BH SPS Rear 10' 10' 10' 10' SPS Water body*1 20' 20' 20' 20' SPS Preserve 10' 10' 10' 10' 10' Max. Building Height Zoned 35' 35' 45' 45' 35' *7 Actual 40' 40' 50' 50' 40' 1 Buttonwood Preserve PUDA-PL2012-1105 Page 3 of 10 Last Revised:November 7,2012 Packet Page-1774- 1/22/2013 Item 17.A. No. of Stories 2 2 3 3 2 Aft Minimum Distance el* Between Detached Principal Structures Sum of%z BH *5 12' 12' 12' Sum of% BH Floor Area Min. 1000 SF 1000 SF 1000 SF 750 SF N/A (S.F.) All distances are in feet unless otherwise noted. SPS= Same as principal structure BH = Building height *1— Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement,with a minimum setback of 20 feet from lake control elevation. *2—each half of a duplex requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 — Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 — Building distance may be reduced at garage to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *6 — Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. *7—Clock towers or similar architectural features shall be permitted up to 45' zoned height and 50' actual height ex* Buttonwood Preserve PUDA-PL2012-1105 Page 4 of 10 Last Revised:November 7,2012 Packet Page-1775- 1/22/2013 Item 17.A. ....Sul"pa w0d MOWN FIAVUMYADV747ot PLO IId®r/Ytk 2070101•mnlbp 1022017 d:1[m MI ll �"t �Jg1FRSl'w7g_Sr_ T1 m=. N. si ��,--jpt�,�'f-�['��J 4 m m rmn c ►CI t a� i !c�a7o8a `� --,...,.±4 r i t f 1. �`�i'""`r. S.3 :N.4710'"QCZ.A. �C f 1 C" i i ` i s, • - , i 4 z i l F. NO BUFFER.REQUIRED j 1 + fiR i ` — gym_ m T^, ?ra.rriit ttktlitct'i I '='1C 77, 0� _� ':•.r•rt•1,I7,1 t,1 ,t,I tYs 1 r) is)•y ' I t `- Cy 21 - t't TT,I.,i 1 1 1•r,!•ti•i t f i ti T'i O _ f I i '_f ,i ..CS 2 m (O i 1.i li t:} r i l 11.-0 ' 171 a:r a i1 Cp •-- BVNtfl( `95�.-1,Q�. 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' — - M IS , '---a. M o w. N .. ♦ €` i ,fi{f;, _ cv�Ac) m p=m ~� o � -m1_ I ' _ _ R.O.W. r'tt lir Ir l/"�_^" 1 '1c- �1 pgn m yam 77 % ci.. ' fom 2IavOf acc �o Ov cx ZEs; cZi 10 l ' 4 'L l n y� <`�Z ° 2a.-om azo c c 'I�,:j,gi, +i' �>{Y��i '1, IttEii tEi�� t�� v.l. i Gi '0 N mr- N [} (J 1 I i lst.'ill 1 n ! St{ E ttt O- N C)m ng g > ZA"i -- 7r r-%i-i G' T1 I 'ii' '� �1 f!- li ((t7�ISEl,i J {�i � f } '' 1 • RRII gg mfr yy'Rir i { t 1 7 zz_o �y=n c� ��$ -en m Ai' 1 I Ai,4t'Iiil4/14i; i{itt1.ill�}i,Fi 1 t� i j j 1 . ymazy _t 0 m aG ¢ et r S t [ 11 Ili{t, l�i�Fil p; 0-0R2 O 'D �� 00. m Z 'T i.�,i � `i�F�.,y(:,ijsYl�iiK!F[ �xri.�±#Ii it I Pt 1 vt' g5 f m 9 0 '_d fff f • 0� Z m ZWN Tr 000 p t t t t,' )t "O v0-,q aE rAn =rL{ >2z =o m't l T�!f t i s:r ia. m' mZZ A 1N0 * C g - m. Rf F. tiB m 0:: -_.J t b i T'l E S r� } O-i > -t i1' l *r j 1/22/2013 Item 17.A. EXHIBIT D LEGAL DESCRIPTION BUTTONWOOD PRESERVE RPUD PARCEL I-A: THE WEST 30 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST;AND THE WEST 30 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BOTH LOCATED IN COLLIER COUNTY, FLORIDA. PARCEL I-C: THE NORTH ONE-HALF (1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY. ALSO LESS AND EXCEPT: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 0 I DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR C*4* 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEING A PART OF THE NORTH ONE-HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 011.* Buttonwood Preserve PUDA-PL2012-1105 Page 6 of 10 Last Revised:November 7,2012 Packet Page -1777- 1/22/2013 Item 17.A. 1 PARCEL 4: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION agik 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND LESS THE WEST 30 FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 5: TRACT 2, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S) 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6: TRACT I, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S)70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA. CONTAINING 55+/-ACRES, MORE OR LESS. Buttonwood Preserve PUDA-PL2012-1105 Page 7 of 10 Last Revised:November 7,2012 Packet Page-1778- 1/22/2013 Item 17.A. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC BUTTONWOOD PRESERVE RPUD Deviation No. 1: Deviation from LDC Section 5.03.02.C, which permits a maximum wail/fence height of six (6)feet in residential zoning districts.The requested deviation is to allow for a maximum height of eight (8) feet for a wall/fence or combination wall/fence/berm along the RPUD perimeter property lines. Deviation No. 2: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit for a model home (occupied or unoccupied) and sales center shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes and sales center to remain in use up to ten (10)years without requiring a conditional use. Deviation No. 3: Deviation from LDC Section 5.04.04.B.5.c, which provides that a maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation is to allow a maximum of 15 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, they shall be required to inform the County how many model homes are in operation. Deviation No. 4: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height.The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height.The temporary sign will be permitted a maximum of 60 days per calendar year. Deviation No. 5: Deviation from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on-premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Deviation No.6: Deviation from LDC Section 6.06.01.0, which requires a minimum width of 60 feet for cul-de-sac and local street rights-of-way. The requested deviation is to allow for a minimum 50- foot wide right-of-way for private, local streets internal to the proposed development. Buttonwood Preserve PUDA-PL2012-1105 Page 8 of 10 Last Revised:November 7,2012 Packet Page-1779- 1/22/2013 Item 17.A. EXHIBIT F DEVELOPMENT COMMITMENTS 1110 BUTTONWOOD PRESERVE RPUD 1. PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 2. 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 Buttonwood Partners, LLC. 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. 3. ENVIRONMENTAL 3.1 The developer shall retain a minimum of 11.6 acres of native vegetation on-site. 3.2 The developer shall provide a Big Cypress Fox Squirrel management plan as part of the first development order submittal. 4. TRANSPORTATION 4.1 Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to issuance of the first certificate of occupancy(CO). 4.2 All internal roads, driveways, alleys, pathways, sidewalks shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. 4.3 A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement, recorded as OR Book 3730, Pages 0876-0893 in the Public Records of Collier County, Florida. Development shall occur consistent with this agreement and/or subsequent developer contribution agreements. Buttonwood Preserve PUDA-P1.2012-1105 Page 9 of 10 Last Revised:November 7,2012 Packet Page -1780- 1/22/2013 Item 17.A. 4.4 The developer agrees to accept the stormwater run-off from the right-of-way for that portion of Tree Farm Road east of the project entrance and treat the run-off within the project's water management system ow, 5. PLANNING The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. In addition,from the eastern terminus of the wall,the Developer shall install a 6'- 8' high black vinyl chain link fence or wall east along the remaining southerly project boundary, then north along the eastern property line for a distance to a point approximately 800' north of the project boundary. The wall and fence may be installed on berm. The approximate location of each wall/fence section is labeled on the RPUD Conceptual Master Plan, Exhibit C. • tow Buttonwood Preserve PUDA-PL2012-1105 Page 10 of 10 Last Revised:November 7,2012 Packet Page -1781- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ A-PL20120001 105 CCPC Package WARRANTY DEED • Packet Page -1782- 1/22/2013 Item 17.A. INSTR 4440220 OR 4575 PG 999 RECORDED 6/10/2010 2:12 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $24,500.00 REC $35.50 CONS 53,500,000.00 • Ay Sookk This instrument prepared by, and after recording return to: Kevin A.Dent!.Esquire Kevin A.Denti,P.A. 2180 Inunokalee Road—Suite 8316 Naples,Florida 34110 Parcel I.D. Numbers: 00205400007 (Parcel 1-C), 00206600606 (Parcel 2), 00206240004 (Parcel 3), 00206280006 (Parcel 4). 46675000305(Parcel 5),46675000253(Parcel 6),and 00205720004 (Parcel 7). NMI—Parcel 1-A Is partially included within the Parcel I.D.Number for Parcel 2 and further partially included within the Parcel I.D.Number for Parcel 4. Above Space for Oerk's Use Only DEED IN LIEU OF FORECLOSURE THIS INDENTURE is made this 2-0 day of 2010, by and between ELIAS BRO'T'HERS GROUP TWO, INC., a Florida corpo Lion, f/k/a Elias Brothers Communities Two,Inc.,whose post off . I Enterprise Avenue,Suite#100,Naples, Florida 34104, the "GRANTOR", , rui`s ,`.•6 6! ' - •TNERS, LLC, a Florida limited liability company,whose post o z;66 em is 1314 Cape e?''.- •- .y,Suite#320,Cape Coral, Florida 33904,the"GRAN '. WITNESSETH, t said • • OA' ' . an in consid ration of the sum of TEN • ($10.00)DOLLARS, and o er o. F - T 0 s-'d GRANTOR in hand paid b y said GRANTEE, t h e rec i•t t h -•`is! el 6, .1:6 ow';• d, as • ted, bargained, and sold 66 to the said GRANTEE,and •"•*" ' . • :•: . ign—: -vet,lie following described parcel situate,lying and being in C. '- County,Florida,to t- � 0 74- .- - o. e Exhibit"A"attac • This Deed in Lieu of Fore ,,,'1'f fp xY conveyance of title to the subject real property in consi e • a • the partial cancellation of the outstanding sums due under that certain Consolidated, Renewal, Amended, and Restated Promissory Note dated October 16, 2006 and that certain Mortgage,Assignment of Rents,and Security Agreement dated November 23, 2005, such Mortgage, Assignment of Rents, and Security Agreement being recorded in Official Records Book 3940,Page 645,as assigned by Assignment of Note,Mortgage, and Other Loan Documents recorded in Official Records Book 4124, Page 1164, as modified by Mortgage Modification Agreement with Future Advance recorded in Official Records Book 4124, Page 1166, and as further assigned by Assignment of Mortgage and Other Loan Documents recorded in Official Records Book 4518, Page 2609, all of the Public Records of Collier County, Florida, and is not intended to constitute additional security for any indebtedness. Notwithstanding the foregoing, it is the intention of GRANTOR and GRANTEE that there not be a merger of the fee with the lien of the Mortgage, Assignment of Rents, and Security Agreement so that the lien of the Mortgage, Assignment of Rents, and • Security Agreement is preserved in favor of GRANTEE, as mortgagee thereunder, subsequent to the execution and delivery of this Deed in Lieu of Ambit Foreclosure. Packet Page -1783- 1/22/2013 Item 17.A. OR 4575 PG 1000 • SUBJECT to the Mortgage, Assignment of Rents, and Security Agreement described hereinabove;easements, restrictions,reservations, and other matters of record expressly disclosed by GRANTOR to GRANTEE;oil, gas and mineral rights of record,if any;and real estate taxes for calendar year 2008 and all subsequent years("Permitted Exceptions"). TOGETHER with all the tenements,hereditaments, and appurtenances thereto belonging or in anywise appertaining. GRANTOR does hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under GRANTOR but against none other, subject to the Permitted Exceptions. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANT*"S and and seal the day and year first above written. Signed,sealed,and delivered �L� ,R COIL.. s ROTHERS GR• ' TWO, in the resence of: I ?' lorida co 1.o on, f/k/a Elias a.,,t�-' Brothe Co unities` o,Inc. fr AI Witness 49 ,,,D O 4'T. R. lias,President not Name Below: I. E-4 e HST. . ___a.:442-''7-? ' '-° s. ....1.,j Witness#2 D L Print Name Below: elr(c;rti E l ei U` '� CTS STATE OF FLORIDA COUNTY OF Coqt!-ee - �~ The foregoing instrument was acknowledged before me this 0.bday of Ma-,--- , 2010,by Ovadia R Elias, as President of ELIAS BROTHERS GROUP TWO,INC.,a Florida corporation, f/k/a Elias Brothers Communities Two,Inc., [t ho is personally known to me or [ ]who has produced as identification. ��., STPIC YLYNNANDERSON NOTARY PUB C "6 .. I DO 925306 ... .} MYCt7MhASSIQN ;. ,? EXPIRES:November t$2013 ` ,,C2 �.�CS.¢ C�n� 7:pt^,• Bonded Um Notary Put*Undenrtders 't`'` `� TYPED OR PRKTErN) AME la NOTARY MY COMMISSION EXPIRES: S1Clients\TerraCap'Busey Bank(Buttonwood Partners.LLC)\Deed In Lieu of Foreclosure III -2- Packet Page-1784- 1/22/2013 Item 17.A. OR 4575 PG 1001 • EXHIBIT A PARCEL 1-A: The West 30 feet of the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 35, Township 48 South, Range 26 East; and the West 30 feet of the South 1/2 of the South 12 of the Northwest 1/4 of the Northeast 1/4 of Section 35, Township 48 South, Range 26 East, both located in Collier County, Florida, LESS AND EXCEPT that property Deeded to Collier County in O.R.Book 4290,Page 3356. PARCEL 1-C: The North one-half(1/2)of the Northwest quarter(NW 1/4)of the Northeast quarter(NE 1/4)of Section 35, Township 48 South,Range 26 East,Collier County,Florida,less and except the West 30 feet thereof for road right-of-way and LESS AND EXCEPT that property Deeded to Collier County in O.R. Book 4290,Page 3356. • Also Less and Except: Commencing at a concrete monument mar ;-'west corner of said fraction of Section 35,run South 89 degrees 10'50"East along the No y, i or 30.00 feet to the East line of Davila Street; thence run South 01 degrees 26' • .. • • • sal• • 1 avila Street for 334.82 feet to the point of beginning.From said point of• •• continue South 01 • .: e- •'03"East along said east line of Davila Street for 334.82 feet to the :outITi me of said fraction of Sect -n 3 thence rub South 89 degrees 12'34" East along the South line • sai, ti n fo'-646.034eet; thenc run North 01 degrees 26' 34" West for 334.66 feet;thence run No h 8 degrees 1 3" st for 15.98 fe�t to a point of beginning. 0„...... illPARCEL 2: Being a part of the North •r r a 1 - • e -. 1 est-_• • r 1/4)of the Northeast quarter(NE 1/4) of Section 35, Town ' •• •8 South, Range 26 E. Colt er :• , Florida, being more particularly described as follows: Q Commencing at a concrete mon , arking the Northwe s, e •f said fraction of Section 35,run South 89 degrees 10'50"East along the •t l'• : '•.-i; • 0.00 feet to the East line of Davila Street; thence run South 01 degrees 26'03" :••i a i, s ygt •• •f Davila Street for 334.82 feet to the point of beginning.From said point of beginning con 1 • •• •1 degrees 26'03"East along said east line of Davila Street for 334.82 feet to the South line of said fraction of Section 35;thence rub South 89 degrees 12'34" East along the South line of said fraction for 646.03 feet; thence run North 01 degrees 26' 34" West for 334.66 feet;thence run North 83 degrees 11'43"West for 645.98 feet to the point of beginning. PARCEL 3: The North 1/2 of the South 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 35,Township 48 South, Range 26 East,Collier County,Florida. PARCEL 4: The South 1/2 of the South 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 35,Township 48 South, Range 26 East,Collier County,Florida,and less the West 30 feet thereof for road right of way purposes. PARCEL 5: Tract 2,GREEN HERON ACRES,according to the map or plat thereof as recorded in Plat Book 22,Page(s) 70,Public Records of Collier County,Florida,Less and except the North 30 feet thereof as deeded to Collier S County in Warranty Deed recorded in O.R. Book 3740, Page 1086, Public Records of Collier County, Florida. • Packet Page-1785- 1/22/2013 Item 17.A. *** OR 4575 PG 1002 *** • PARCEL 6: Tract 1,GREEN HERON ACRES,according to the map or plat thereof as recorded in Plat Book 22,Page(s) 70,Public Records of Collier County,Florida,Less and except the North 30 feet thereof as deeded to Collier County in Warranty Deed 'recorded in O.R. Book 3740, Page 1086, Public Records of Collier County, Florida. PARCEL 7: The East 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 35, Township 48 South,Range 26 East,Collier County,Florida,Less and except the North 30 feet thereof as deeded to Collier County in Warranty Deed recorded in O.R. Book 3740, Page 1086, Public Records of Collier County, Florida. \ • .r ICJ E C S:\Clients\TerraCap\Busey Bank(Buttonwood Patinas,LLC)\Exhibit"A" • Packet Page-1786- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ-A-PL20 12000 1 105 CCPC Package OWNER AFFIDAVIT i Packet Page -1787- 1/22/2013 Item 17.A. CO M,' County W COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergay.net AFFIDAVIT I, Vve Walter S. Hagenbuckle /� being first duly sworn, depose and say that we f I am/are the owners of the property described herein and which is thesub(ect 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 fo the best of our knowledge and belief. We/I 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. Waldrop Engineering', P.A. E. As property.o er We/I further authorize Roetzel & Andress, L_P..A. to act as our/my represent v i att. s regarding this Petition. Pi irr , ; ---. ,..) Signature of Propert/Owner Signature of Property Owner Walter S. Hagenbuckle Typed or Printed.Name of Owner Typed or Printed Name of Owner (Managing Member of Buttonwood Partners, LLC), The foregoing instrument was acknowledged before me this l.0 day of Pl.IO T 20 l' - , by tatAirPir . .kAaSyar■lckleti2 who is personally known to me or has produced as identification. L0_,--State of Florida 5 ,,,,,„,,,vk nature of Notary Public—State of County of Collier Florida) (/Win a_ ( -.R0-1.--A, NOT: YPIT1HIC-STATE OF FLORIDA (Print, Type, or Stamp Commissioned -¢ mission D 83763 Name of Notary Public) =Co •--Expires: MAY 23,2013 scam)1 W1)ATLANTICBONDINGCO:,INC February 4,2011 Packet Page-1788- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ-A-PL20 1 2000 1 1 05 CCPC Package COVENANT OF UNIFED CONTROL • Ai ilk Packet Page -1789- 1/22/2013 Item 17.A. ■ • 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 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 BUTTONWOOD PRESERVE PUD 3500-3710 Tree Farm Road&1446-1480 Davila Street,Naples,FL 34120 (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 RESIDENTIAL planned unit development (R PUD) zoning. We hereby designate Waldrop Engineering.P.A. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications,plans,surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed 40 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 t}ot issue permits,certificates,or licenses to occupy or use any part of the planned unit development and the County y t'.p en mg construction activity until the project is brought into compliance with all terms, condition d,• . + of a planned unit development. Owner l Owner Walter S. Rage.• ckle Printed Name Printed Name (Managing Member of Buttonwood Partners, LLC) STATE OF FLORIDA) COUNTY OF COLLIER) )a ` t Sworn to(or affirmed)and subscribed before me this day of ut�: ,-208 byK t f `?,1ACtc ,r k"QC�R-- who is a l3Lknown to me or has produced as identification. NOTARY PUBLIC-STATE OF FLORIDA 6 Public Susana A. Paul Commission#DD8837:3 acne gl acne typed,printed or stamped) F. `_ .'Expires: MAY 23,2013 ECIIC;ED THRIT ATLANTIC BONDING CO..DIG February 4,2011 Packet Page-1790- 1/22/2013 Item 17.A. S&9% ntY Sc' 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 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 BUTTONWOOD PRESERVE PUD 3500-3710 Tree Farm Road&1446-1480 Davie Street.Naples,FL 34120 (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 RESIDENTIAL planned unit development • (R PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in • the course of seeking the necessary approvals to develop. This authority includes, but is not Iimited 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 ma o- o'_sing construction activity until the project is brought into compliance with all terms, conditions ap a r .y se planned unit development. Owner ' Owner Walter S. Hagenb e Printed Name Printed Name (Managing Member of Buttonwood Partners, LLC) STATE OF FLORIDA) COUNTY OF COLLIER) �( Sworn to(or affirmed)and subscribed before me this \l lay of byL' i( who is personally known to me or has produced !! ,as identification. l:OTARY PUBLIC-STATE OF FLORIDA o ary Public 41It Susana A. Paul ame typed,printed or stamped) Commission#DD8837&3 Expires: MAY 23,2013 February 4,2011 E. iEc TliItU ATLANTIC aoNom co.,Inc. Packet Page -1791- 1/22/2013 Item 17.A. 1 Buttonwood Preserve PUDZ-A-PL20120001 105 CCPC Package APPROVED ADDRESSING CHECKLIST "") J Packet Page-1792- 1/22/2013 Item 17.A. MAY/10/2012/THU 09:513 AM waldrop engineering FAX Nc. 239 405 7899 P. 002 Aork er County COLLIER COUNTY GOVERNMENT 2300 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)252-5724 WWW.COWERGOV.NET ADDRESSING CHECKLIST 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 stored by Addressing personnel prior to ore- aooiication meeting, please allow 3 days for processing. Not all items will apply to every project Items In bold typo 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) ❑ EL(Blasting Permit) Q SDP(Site Development Plan) ❑ ED(Boat Dock Extension) ❑ SOPA(SDP Amendment) ❑ CamivaUCIrcus Permit ❑ SDPI(Insubstantial Change to SOP) ❑ 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—Unptatted) ❑ 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 Q VRSFP(Vegetation Removal&Site Fill Permit) yf ❑ RZ(Standard Rezone) ® OTHER RPUO AMENOMENI(RUOA) LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) SEE ATTACHED Pa•,tcts It t"lt 2aI 2.9. 1 4 14.cg on 35-tr�-2GI a.rSo G1,0_113 (-14e0 FOLIO (Property ID)NUMBER(s)of above(attach to,orassoctate with,legal description If more than ono-712 s Z' • SEE ATTACHED STREET ADDRESS or ADDRESSES(as applicable,if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY cn ( py needed only for unplatted•properties) PROPOSED PROJECT NAME(if applicable) BUTTONWOOD PRESERVE PUD PROPOSED STREET NAMES(if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SOP or AR or PL PUDZ-2006-AR-8997 • • Packet Page -1793- 1/22/2013 Item 17.A. )LAY/10/2012/iHt1 08:57 AY waldrop Engineering FAX No. 239 405 7899 P, 003 Co er County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in, condominium documents(if application; indicate whether proposed or existing) BUTTONWOOD PRESERVE RPUD Please Check One: ❑ Checklist is to be Faxed back ❑ Personally Picked Up APPUCANT NAME: WALDROP ENGINEERING CIO ALEXIS CRESPO PHONE 239-405-7777 FAX 239-405-7899 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 FL.N Number(Primary) O D 4 p S(4-0 0 0 d Folio Number 007.-0S 12- 0004- t,f, c,7rip0O 2-6.3 Folio Num bar ZO(a 7,(4-0 O C)LJ- q. to 0 3,c6 Folio Num ber 0 0 7_O Co Z$Q UO Ov Z.o Lt)gO oho Approved by:.„0 rt_n,,a r rs'1 Dates: 5- I f 1 Z. • Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -1794- 1/22/2013 Item 17.A. Buttonwood Preserve • PUDZ-A-PL20120001 105 CCPC Package DISCLOSURE OF INTEREST (CONTRACT PURCHASER) • • Packet Page-1795- _. . ; 1/22/2013 Item 17.A. 9Onty • 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 AFFIDAVIT We/I, James R. Schier being first duly sworn, depose and say that we/I am/are the contract purchaser 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/I 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 contract purchaser We/I further authorize R. Bruce Anderson & Alexis Crespo to act as our as to act as as our/my representative in any matters regarding this Petition. Sig4ture of Property Owner eal Communities of Southwest Florida,LLC By James R.Schier,Vice President The foregoing instrument was acknowledged before me this 2nd day of August 2012 by James R. Schier who is personally known to me. 144tAtt-- 4-Arg-tt/ State of Florida (Signature of Notary Public—State of County of Manatee Florida) NOTARY PUBLIC-STATE b F FLORIDA f, Sandra Bra;to t SANDRA BRATTON sr Con i lion ftDD9242222 Exp_res SEP.10,2013 (Print,Type, or Stamp Commissioned aoNIO'n:nzunr , ,caos-Dc;oco.,D;c. Name of Notary Public) Packet Page-1796- inimmur 1/22/2013 Item 17.A. Buttonwood Preserve .:. PUDZ-A-PL20120001 105 CCPC Package ENVIRONMENTAL REPORT & EXHIBITS • • Packet Page -1797- 1/22/2013 Item 17.A. e BUTTONWOOD PRESERVE RPUD COLLIER COUNTY ENVIRONMENTAL DATA SUBMITTAL May 2012 Prepared For: Neal Communities 8210 Lakewood Ranch Boulevard Lakewood Ranch, Florida 34202 (941) 328-1097 Prepared By: Passarella &Associates,Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 —44) Project No.05ARM1271 Packet Page -1798- 1/22/2013 Item 17.A. BUTTONWOOD PRESERVE RPUD • COLLIER COUNTY ENVIRONMENTAL DATA SUBMITTAL INTRODUCTION The following information and documents are provided in support of the application to amend the Collier County Residential Planned Unit Development (RPUD) (Ordinance 07-42) for the Buttonwood Preserve RPUD (Project). The information is being provided in accordance with the Collier County Environmental Data(ED) submittal requirements outlined in Chapter 10.02.02 of the Collier County Land Development Code (LDC). The Project site is located in Section 35, Township 48 South,Range 26 East,Collier County. PROJECT DESCRIPTION In accordance with the approved Buttonwood Preserve RPUD, a minimum of 25 percent of the existing native vegetation is required to be retained on-site. Per the previously approved Collier County Environmental Impact Statement, approximately 46.5 acres of native vegetation exists on-site. Therefore, a minimum of 11.6± acres of retained native vegetation is required for the Project. The approved Master Concept Plan (MCP) shows a total of 13.45± acres of retained native vegetation. This RPUD amendment is to modify the approved MCP to show the minimum required acreage of 11.6± acres of retained native vegetation. A pre-application meeting was held with Collier County staff on May 16, 2012 to discuss the proposed RPUD amendment. At the meeting, Collier County environmental staff requested a Florida Land Use, Cover and Forms Classification System (FLUCFCS) map on an updated aerial photograph and an updated listed species survey for the Project. These items are provided as part of the Environmental Data Exhibits. ENVIRONMENTAL DATA EXHIBITS The following documents are provided as part of this RPUD amendment application: Exhibit 1. Aerial with Collier County FLUCFCS and Wetlands Map; Exhibit 2. Native Vegetation Map; Exhibit 3. Updated Listed Plant and Wildlife Species Survey; and Exhibit 4. Listed Species Management Plan for the Big Cypress Fox Squirrel. Passarella&Associates,Inc. 1 of 1 #05ARM1271 05/30/12 Packet Page -1799- - 1/22/2013 Item 17.A. • EXHIBIT 1 AERIAL WITH COLLIER COUNTY FLUCFCS AND WETLANDS MAP d Packet Page -1800- 1/22/2013 Item 17.A. iitit_ zsa- - i x,-mtit F; L _.._.4._,,_s 41,40 yr. _m ; Y r ..a 1.® '..._-. „...4::;.;,,, , r7"a .. ._ r'. 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BUTTONWOOD PRESERVE RPUD UPDATED LISTED PLANT AND WILDLIFE SPECIES SURVEY Revised May 30, 2012 INTRODUCTION AND METHODOLOGY A listed plant and wildlife species survey was previously conducted for the Buttonwood Preserve Residential Planned Unit Development (RPUD) (Project) on February 8, 2005; May 18, 2005; June 14, 16, and 17, 2005; July 26, 2005; September 13, 2005; March 17, 2006; and July 18, 2006. The listed species survey was recently updated on February 29, 2012 and May 22, 2012. The survey was conducted to determine whether the site was being utilized by state or federal listed species. The survey for listed wildlife species included, but was not limited to, red- cockaded woodpecker (Picoides borealis) (RCW), Southeastern American kestrel (Falco sparverius paulus), bald eagle (Haliaeetus leucocephalus), wood stork (Mycteria americana), gopher tortoise (Gopherus polyphemus) and their commensals such as the Eastern indigo snake (Drymarchon corais couperi), gopher frog (Rana areolata), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), and Florida panther (Puma concolor coryi) (Florida Fish and Wildlife Conservation Commission (FWCC) 2011). The survey for listed plant species included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. The 54.21d acre tract was surveyed for wildlife species listed by the FWCC and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and Consumer Services and USFWS as endangered, threatened, or commercially exploited. The survey was conducted by qualified ecologists walking meandering transects through suitable habitats to ensure that sufficient visual coverage of ground and flora was obtained. Transects were spaced approximately 75 feet apart (Figure 1). Habitats were inspected for listed plant and wildlife species as well as their sign (e.g., tracks, scat, or scrapes). At regular intervals the ecologists stopped,remained quiet, and listened for wildlife vocalizations. Summary of Weather Conditions for Survey Dates Day Start End Temperature Wind Cloud Cover Time Time 02/08/05 0915 1530 65° - 70° 5— 10 mph SE mostly cloudy 05/18/05 1300 1600 75° - 85° 10— 15 mph NE partly cloudy 06/14/05 0930 1100 80° - 85° 0—5 mph NW cloudy 06/16/05 0930 1230 80° -90° 5 — 10 mph W mostly clear skies 06/17/05 0900 1200 80° - 85° 5 — 10 mph W mostly clear skies 07/26/05 0845 1100 80° - 85° 5— 10 mph W partly cloudy Passarella&Associates,Inc. 1 of 2 #05ARM1271 Revised 05/30/12 Packet Page-1805- I- 1/22/2013 Item 17.A. F E • Summary of Weather Conditions for Survey Dates (Continued) Day Start End Temperature Wind Cloud Cover Time Time 09/13/05 1400 1600 65° -70° 0—5 mph SW partly cloudy 03/17/06 1030 1130 75° - 80° 5— 10 mph SE partly cloudy 07/18/06 1530 1600 90° -95° 0—5 mph SE cloudy 02/29/12 0930 1530 75° - 85° 10— 15 SE partly cloudy 05/22/12 1045 1430 80° -90° 0—5 mph W clear SURVEY RESULTS During the 2005 — 2006 listed species surveys, one listed species was identified on the Project site. One inactive gopher tortoise burrow was observed in the Pine Flatwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 4119 El)habitat located in the northeast corner of the site. A follow- up gopher tortoise survey was conducted on July 18, 2006 to determine the status of the burrow. It appeared at that time that the gopher tortoise burrow was abandoned; many sticks and debris were inside the burrow and vines have grown over the burrow entrance. Also during the 2005—2006 listed species surveys, seven unidentified stick nests were observed. The stick nests were observed in the Pine Flatwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 4119 El); Pine, Disturbed (FLUCFCS Code 4159), and Pine, Disturbed (50-75% Exotics) (FLUCFCS Code 4159 E3)habitats. Collier County Environmental Services staff stated that they observed two Big Cypress fox squirrels on-site on February 15, 2006. During the 2012 listed species surveys, no listed species were documented on-site. A review for the previously identified abandoned gopher tortoise burrow was conducted, but no burrow was found. As such, a gopher tortoise management plan is no longer warranted for the Project. Included as part of the Environmental Data Submittal is a revised Listed Species Management Plan that removes the portion related to the gopher tortoise. The plan still addresses the conservation of potential Big Cypress fox squirrel habitat on-site. REFERENCES Florida Fish and Wildlife Conservation Commission. 2011. Florida's Endangered Species, Threatened Species and Species of Special Concern. Official Lists. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Passarella&Associates,Inc. 2 of 2 #05ARM1271 Revised 05/30/12 Packet Page-1806- 1/22/2013 Item 17.A. I. . ? �! - SAS # —,- F'. < .._‘___, _ , 5 G i - fit g¢ �.r� �.oT `►4 Y _:tea- -s`:� � •_, � E w s;Jr:"tr.�- � ��"-:- •,�i `� ,,, '.# c:_ '.,°"".°- rte... , �. x - den cc ---FS^'- } �' [ E U it.,..,A t.,,,:::.a $I:1 � '�. l y �C.rases$' g 1_T^ 1. !' 1 - - ti t 3 F-� L t ,,y' } p �u p t �' 4 r ` :b pp `` I. r `x;.AP�r r ._� S `», , 4* ddb If , zL ,211-: 6 q 5•"' ''.z'" pr -1-. ze-- q S.* .. -3;_ -1. S:' ,a '.•.,sue `,•-dfiz'' 3 ,, i- „, i,. a u; j r 'i !..-1 1..111 ,-- .. .tee �",: '�'-,-.. aa � rf±'4 r�E1. Pal t' - i-:� p� r- �,y i �F" ''� K k j .' 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P P a i C> I a Tw ' - G_ f aw A iss-oa° g5!!0 lit:L,1 Imo. r. I I[' _ w 3° a* o '5 i;5z'@"'-2:so-a3 5,'aa .3. E Y e' -^ � ... .:gyp• :f° '�° `as 1;m. 'Fs:$sgis Et Ia• � .-:v 1. i. :7C , i _� n __ man nRR•O y > i ^ ! . • `• • '", �� .o- .tANww.48918 wfili`y78,.• ''� - . — Packet Page-1807-,,,. �,.,,,,i,�,,.a.:,.....,w�.._,„,,.....� 1/22/2013 Item 17.A. EXHIBIT 4 • LISTED SPECIES MANAGEMENT PLAN FOR THE BIG CYPRESS FOX SQUIRREL Packet Page -1808- 1/22/2013 Item 17.A. BUTTONWOOD PRESERVE RPUD 0"°v LISTED SPECIES MANAGEMENT PLAN FOR THE BIG CYPRESS FOX SQUIRREL Revised May 30,2012 INTRODUCTION This management plan has been prepared for the purpose of addressing the conservation of potential Big Cypress fox squirrel (Sciunus niger avicennia) habitat on the Buttonwood Preserve Residential Planned Unit Development(RPUD) (Project). A listed species survey was previously conducted on February 8, 2005; May 18, 2005; June 14, 16, and 17, 2005; July 26, 2005; September 13, 2005; March 17, 2006; and July 18, 2006 and updated on February 29, 2012 and May 22, 2012. No Big Cypress fox squirrels were observed . during the listed species surveys. Surveys conducted in 2005 and 2006 identified stick nests on the Project site; however no stick nests were observed during the 2012 surveys. Collier County Environmental Services staff stated that they observed two Big Cypress fox squirrels on-site in 2006. The Big Cypress fox squirrel is listed as threatened by the Florida Fish and Wildlife Conservation Commission(FWCC). It is not a federal listed species. BIOLOGY OF THE BIG CYPRESS FOX SQUIRREL The Big Cypress fox squirrel lives and breeds in varied habitats in Southwest Florida including cypress swamps, pine flatwoods, tropical hardwood forests, live oak woods, mangrove forests, and suburban habitats, including golf courses, city parks, and residential areas in native vegetation(Humphrey 1992). Dense cypress/hardwood swamps are avoided. This may be due to the competition for food and habitat with gray squirrel (Sciurus carolinensis). Little data are available on the preferred forage habitat of the Big Cypress fox squirrel. Big Cypress fox squirrels prefer to feed on the male and female cones of slash pine (Pinus elliottii). A smaller percentage of the diet may consist of seasonal fruits, berries, and seeds (Humphrey 1992). Big Cypress fox squirrels often form platform nests in pines and hardwoods; and moss and stick nests in cypress (Taxodium distichum), tops of cabbage palms (Sabal palmetto), and large clumps of bromeliads. Cabbage palms and bromeliads are especially important because they can provide immediate shelter, which allows the squirrel to travel over large areas without requiring a daily return to a permanent nesting facility(Humphrey 1992). Big Cypress fox squirrels are solitary animals. Interaction between animals occurs primarily during mating season. Mating chases occur frequently throughout the months of May through August. During the non-mating season, interactions are infrequent and often occur around food sources (Humphrey 1992). Passarella&Associates,Inc. 1 of 4 #05ARM1271 Revised 05/30/12 Packet Page -1809- 1/22/2013 Item 17.A. WETLAND AND UPLAND HABITATS The on-site preserves totaling 11.6± acres include both upland and wetland habitats. The preserves will be placed in a conservation easement as part of the South Florida Water Management District (SFWMD) permit for the Project. The following habitat types are located within the wetland and upland preserves, which may be used as potential habitat for the Big Cypress fox squirrel: Wetland Habitats Pine/Cypress, Disturbed(25 -49%Exotics) (FLUCFCS Code 6249 E2) This wetland area consists of slash pine and bald cypress in the canopy. The sub-canopy consists of bald cypress, slash pine, melaleuca(Melaleuca quinquenervia), and Brazilian pepper(Schinus terebinthifolius). The ground cover contains swamp fern (Blechnum serrulatum), sawgrass (Cladium jamaicense), gulfdune paspalum (Paspalum monostachyum), Brazilian pepper, muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and spermacoce (Spermacoce verticillata). Pine/Cypress,Disturbed(50- 75%Exotics)(FLUCFCS Code 6249 E3) This wetland area is similar to FLUCFCS Code 6249 E2, except with a higher concentration of melaleuca. Hvdric Pine.Disturbed(50 - 75% Exotics) (FLUCFCS Code 6259 E3) This wetland habitat located on the western edge of the property has a canopy of slash pine and melaleuca with scattered cypress and dahoon holly(Ilex cassine). The sub-canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, wax myrtle (Myrica cerifera), and cabbage palm. The ground cover contains swamp fern, gulfdune paspalum, little blue maidencane (Amphicarpum muhlenbergianum), chain fern (Woodwardia virginica), fennel (Eupatorium leptophyllum), camphorweed(Pluchea rosea), knotroot foxtail (Setaria pare flora), spermacoce, rush (Juncus megacephalus), sawgrass, muscadine grape, and rush fuirena (Fuirena scirpoidea). Upland Habitats Palmetto Prairie, Disturbed(0 - 24% Exotics) (FLUCFCS Code 3219 El) The canopy in this upland habitat is open with scattered slash pine. The sub-canopy vegetation includes slash pine, dahoon holly, wax myrtle, and melaleuca. The ground cover vegetation is dominated by saw palmetto (Serenoa repens) with gallberry (flex glabra), bracken fern (Pteridium aquilinum), stagger bush(Lyonia fruticosa), and slash pine seedlings. Pine Flatwoods. Disturbed(0 -24%Exotics) (FLUCFCS Code 4119 El) This upland habitat is dominated by slash pine in the canopy. Sub-canopy and ground cover vegetation is similar to FLUCFCS Code 3219 El. Passarella&Associates,Inc. 2 of 4 #05ARM1271 Revised 05/30/12 Packet Page-1810- 1/22/2013 Item 17.A. Pine. Disturbed(0- 24% Exotics) (FLUCFCS Code 4159 El) This upland habitat type contains slash pine, melaleuca, and bald cypress with scattered dahoon holly and earleaf acacia (Acacia auriculiformis) in the canopy. The sub-canopy contains slash pine, melaleuca, and cypress with scattered dahoon holly, earleaf acacia, and wax myrtle. The ground cover is dominated by muscadine grape with caesarweed (Urena lobata), saw palmetto, beggar-ticks (Desmodium incanum), little blue maidencane, gulfdune paspalum, poison ivy, low panicum(Dichanthelium sp.), Mexican clover(Richardia grand lora), and spermacoce. Pine, Disturbed(25 -49%Exotics) (FLUCFCS Code 4159 E21 This upland habitat is dominated by slash pine in the canopy. The sub-canopy contains Brazilian pepper,melaleuca, slash pine,and scattered bald cypress. Ground cover species include creeping ox-eye (Sphagneticola trilobita), spermacoce, dog fennel (Eupatorium capillifolium), muscadine grape, caesarweed, ragweed(Ambrosia artemisiifolia), beggar-ticks, occasional swamp fern, and gulfdune paspalum. Pine,Disturbed(50 -75%Exotics) (FLUCFCS Code 4159 E3) This upland habitat is dominated by slash pine and melaleuca in the canopy. The sub-canopy contains Brazilian pepper, melaleuca, slash pine, and wax myrtle. Ground cover species is dominated by Bahia grass (Paspalum notatum) and also includes creeping ox-eye, spermacoce, dog fennel, caesarweed, and beggar-ticks. PRE-CONSTRUCTION SURVEYS A qualified ecologist will be on-site to supervise Big Cypress fox squirrel management and monitoring activities as detailed in this plan. Prior to commencement of construction activities, the preserve area will be staked in the field and clearly identified with orange landscape fencing or an equivalent barrier. The fencing will be inspected by SFWNID staff prior to clearing activities. The operation and storage of construction equipment and the stockpiling of fill and construction material will be prohibited within the fenced preserve area. The fencing identifying the limits of the preserve will be maintained for the duration of construction activities. Prior to commencement of clearing activities, a survey will be conducted in the areas to be cleared to identify potential Big Cypress fox squirrel nests. If potential nests are identified within the clearing limits, observations will be conducted for five consecutive days to determine if the nests are being utilized by Big Cypress fox squirrels. Results of the survey will be submitted with the vegetation removal permit application and will be verified by Collier County Environmental Services staff as part of the vegetation removal permit review process. No clearing will be conducted within 125 feet of an active Big Cypress fox squirrel nest tree. After completion of nesting and observations that document that juvenile Big Cypress fox squirrels have left the nest,the nest tree and buffer can then be cleared. Passarella&Associates,Inc. 3 of 4 #05ARM1271 Revised 05/30/12 Packet Page-1811- 1/22/2013 Item 17.A. HABITAT ENHANCEMENT During the construction phase of the Project, exotic nuisance vegetation, including but not limited to, Brazilian pepper, melaleuca, Australian pine (Casuarina equisetifolia), and downy rose-myrtle (Rhodomyrtus tomentosa) will be removed and/or treated with herbicide within the designated preserves. Precautions will be taken when applying herbicides around cypress, cabbage palm, or slash pine. Herbicides that contain label warnings indicating potential damage or kill to cypress, cabbage palm, or pines are prohibited. Every effort will be made to protect existing cypress, cabbage palm, and slash pine within the designated preserves. Special precautions will be taken around any nest trees located. If management activities are required around the nest trees, these activities will be limited to hand removal of vines and exotic vegetation. No exotic vegetation will be removed within 125 feet of an active Big Cypress fox squirrel nest. Exotic removal can occur within the 125 foot buffer after nesting is completed. Exotic eradication will include the hand removal of exotic and nuisance vegetation from wetland and upland enhancement areas. The hand removal of exotics will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose-myrtle; and (3) foliar application of approved herbicide or hand pulling of exotic seedlings. All exotics will be removed from the site.No stock piling of exotics will be allowed. REFERENCES Humphrey, Stephen R. et al. 1992. Rare and Endangered Biota of Florida; Volume 1. Mammals. University Press of Florida, Gainesville,FL. 392 pages. Passarella&Associates,Inc. 4 of 4 #05ARM1271 Revised 05/30/12 Packet Page -1812- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ-A-PL20120001 105 CCPC Package UTILITY PROVISIONS STATEMENT & AVAILABILITY LETTER • Packet Page -1813- 1/22/2013 Item 17.A. Corr CouKty Public Utilities Division 410 Operations Support May 29, 2012 Mr. Alexis V. Crespo Waldrop Engineering, P.A. 28100 Bonita Grande Dr., Suite 305 Bonita Springs, FL 34135 Subject: Buttonwood Preserve Water and Wastewater Availability Dear Mr. Crespo: Potable water service (for domestic and irrigation purposes) and wastewater service are available for the above referenced project via existing lines along Tree Farm Road. A master meter shall be required for such facilities as rental apactiuents, shopping centers, strip malls, high rise condominiums, recreational vehicle parks, mobile home parks or any other multi-family projects that cannot or do not provide the required CUEs paralleling a typical single family street cross-section or any other project that does not comply with or meet the intention of .4) Ordinance 2004-31,as amended or superseded. If this project is not to provide the required Collier County Utility Easements (CUEs), all water and sewer facilities shall be owned and maintained by the owner, his successors or assigns. If this project is to provide the required CUEs, all water and sewer facilities shall be owned and maintained by Collier County Public Utilities. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, showing that the downstream systems are adequate to handle the increase in flow. The District will be making phased expansions to the water supply, treatment and transmission facilities and sewage transmission, treatment and disposal facilities servicing the area in question and other areas of the County, based on demands within the system and other binding commitments. These expansions should provide sufficient capacity to supply the referenced property's anticipated potable water and sewage treatment and disposal demands and the remainder of the District's committed capacity. -11) Packet Page-1814 3339 Tarniami Trail E. • Suite 305 • T g ?-252-6237 • FAX 239-252-6789 1/22/2013 Item 17.A. ca-y.K ty Public Utilities Division Operations Support May 29,2012 Buttonwood Preserve Page 2 However, no guarantee can be issued that other developments throughout the District will not have an impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has received a commitment for service. Connections are also subject to the availability of water and sewer capacity at the time formal application is received. Should water supply or sewage treatment and disposal capacity not be available, the Developer would be required to provide an interim means of water supply and treatment and sewage treatment and disposal until the District's facilities have the adequate capacity to serve the project. Please note that any and all improvements that you construct must be in accordance with all applicable ordinances and policies, including the payment of impact fees. Should you have any further questions,please feel free to contact me at(239)252-6237. S'- l Ja -r artinez e perat.ens Analyst, Public Utilities Operations j. '- artinezecolliergov.net cc: Gary Morocco, Supervisor Revenue Craig Callis,Engineering Review Services Steve Nagy, Wastewater Collections Manager Water Distribution Manager Cheri Rollins, Supervisor Revenue 3339 Tamiami Trail E. • Suite 305 • 1■Packet Page-1815 4-252-6237 • FAX 239-252-6789 1/22/2013 Item 17.A. Coley 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 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT(S) NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC ADDRESS 8210 Lakewood Ranch Blvd. CITY Bradenton STATE FL ZIP 34202 TELEPHONE # (941) 328-1111 CELL# FAX# E-MAIL ADDRESS: pneal @nealcommunities.com ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 3500-3710 Tree Farm Rd. & 1446-1480 Davila St. I . LEGAL"DESCRIP.T10N..,. : . I Section/Township/Range 35 / 48 /48 00205400007; 00205720004;00206240004; Lot: Block: Subdivision: 00206280006; 00206800606;46675000253; & Plat Book Page#: Property I.D.#: 46675000305 Metes & Bounds Description: See PUD Document I TYPE CF"SEWAGE'�tSPOSAL TO BE"PRCVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM FA b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM ❑ TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ February 4,2011 Packet Page-1816- 1/22/2013 Item 17.A. COY County W.* 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 TOTAL POPULATION TO BE SERVED: 430 PEAK AND`AVERAGE DAILY DEMANDS: A. WATER-PEAK 193 GPM AVERAGE DAILY 67,760 GPD B. SEWER-PEAK 151 GPM AVERAGE DAILY 52,800 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 05/2013 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. e". February 4,2011 Packet Page-1817- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ A-PL20120001 105 IP CCPC Package TIS WAIVER Packet Page -1818- 1/22/2013 Item 17.A. WALDROP ENGINEERING .... CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS June 4, 2012 Mr.John Podczerwinsky Zoning& Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Buttonwood Preserve PUDA Traffic Impact Statement(TIS)Waiver Request Dear Mr. Podczerwinsky, Neal Communities of Southwest Florida, LLC("Applicant") is requesting an amendment to the Buttonwood Preserve RPUD, originally approved per Ordinance 07-42, in order to decrease the native vegetation requirement and complete minor modifications to the PUD document. The Applicant is not requesting additional dwelling units or modifications to the approved unit types as part al of this application.Therefore,the proposed amendment will not result in an increase to the project's trip ,,,,; generation. As such, the Applicant respectfully requests a waiver from the requirement to provide a Traffic Impact Statement. Thank you in advance for your consideration of this request. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777, ext. 207, or alexisc @waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. 3010 Alexis V. Crespo, AICP, LEED AP Principal Planner Enclosures cc: Patrick K. Neal, Neal Communities of Southwest Florida, LLC R. Bruce Anderson, Roetzel &Andress, L.P.A. 110 Buttonwood Preserve—PUDZ-A-PL2012-1105 T15 Waiver Request Page 1 of 1 Packet Page -1819- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ-A-PL20120001 105 CCPC Package BOUNDARY SURVEY 11 "x17" Packet Page -1820- 1/22/2013 Item 17.A. ...--.-... I VANDERBILT COUNTRY CLU8-2 „ ■ (PS..12 PAGE 42) hl: 4I, ,6' '1Q"? 125rIN'iT,'''1`.■ FIT I • A/ '1 ' ,,---- Ea'i • ' UNPLArTO -4 V: • ;,. A.. gr,-2`.757,7 • •. • ...tt -- N 021673 W . :_ ••'-,.`" 2 Nfg% 1. Mdrle,w .4.•0,1 • 1 ; ey F> s•;-s g , ell g. `,;.' •,..- ": " ' ...,' , • t ..• , I " ;:.: D ,, ?■•,, . 4;-.-4.0.'' 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V.!Zig".W.1 in.tl,?i I! it'1°l,iN'r!i1t4ii',1l,'Z!,9u:.;,-':rt'P.g..t.k4`.4 q'..!i;9,.p'ii, t'it40-.i-_r' #.: 1ItZ6 9:•zi4:.,:,,. 9;;-q-i^,,'',-,i 4NL!..9t:-,..I•,,81.4_;•.l..94.:!;i.,,1•,s 9g9.!.!O!4:s i.5!a! 09,431006 V8 0 . , ,. ,,'.e.;.:;A'?•'g', t'9 0 P 4 84; , t ,0 ; 8 8 8 48 e zi4 -q — i 4 N V 9 4' 1 1 P f t , Packet Page -1821- i , 0 4 ! ' r 1 b M , if l Si ! ! i g! . ' 1•'..;::;t iiiii ; 8 .7TN iii0 !.1 !i !‘i., ','',1 M '!;. ! 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ-A-PL20120001 105 CCPC Package JUSTIFICATIONS/ RATIONALE FOR DEVIATIONS Packet Page-1822- 1/22/2013 Item 17.A. JUSTIFICATIONS FOR REQUESTED DEVIATIONS • BUTTONWOOD PRESERVE RPUD Deviation No 1: Deviation from LDC Section 5.03.02.C.2, which permits a maximum wall/fence height of six(6)feet in residential zoning districts.The requested deviation is to allow for a maximum height of eight (8) feet for a wall/fence or combination wall/fence/berm along the RPUD perimeter property lines. Justification: The proposed deviation will allow for additional visual screening between the proposed uses and surrounding residential and agricultural lands. The deviation will enhance the proposed RPUD and surrounding properties, while protecting public health, safety and welfare. Deviation No. 2: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit for a model home (occupied or unoccupied) and sales center shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes and sales center to remain in use up to ten (10)years without requiring a conditional use. Justification: In this uncertain economy and real estate market a developer needs the ability to maintain model homes and a sales center for an extended period of time without having to go through a long and expensive Conditional Use process to be able to keep 110 marketing the housing products. The proposed timeframe is reasonable based upon the size of the RPUD and number of proposed units. Deviation No. 3: Deviation from LDC Section 5.04.04.B.5.c, which provides that a maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation is to allow a maximum of 15 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, they shall be required to inform the County how many model homes are in operation. Justification: In an effort to provide potential purchasers with a variety of residential styles, floor plans and upgrades it is beneficial to allow these customers to see and experience the various alternatives and options available to them to make an informed purchase. Because the Land Development Code makes no distinction between model homes and speculative homes it is necessary to request up to fifteen (15) model homes which includes speculative homes. Deviation No. 4: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height.The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height.The temporary sign will be permitted a maximum of 60 days per calendar year. Justification:The requested deviation will allow for a banner sign announcing the project's grand opening and/or available home sales, at a scale that has been previously approved Buttonwood Preserve RPUD—PUDZ-A-PL2012-1105 Page 1 of 2 Packet Page -1823- 1/22/2013 Item 17.A. for other residential communities within Collier County. The subject property is not located in a highly visible area of the County with emerging residential growth, such as the Immokalee Road corridor east of 1-75. Therefore, the deviation will provide additional signage area to assist in marketing efforts, while protecting viewsheds from Tree Farm Road. The sign will be temporary in nature, and will undergo the requisite temporary sign permit process in accordance with Section 5.04.06. of the LDC. Deviation No. 5: Deviation from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on-premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Justification: The proposed deviation will allow for the development of appropriate directional signage internal to the RFUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. Furthermore, this deviation is typical of many of the master- planned developments throughout Collier County. The reduced setback will allow for flexibility of signage placement, while ensuring public health, safety and welfare is protected. Deviation No..6: Deviation from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul-de-sac and local street rights-of-way. The requested deviation is to allow for a minimum 50-foot wide right-of-way for private, local streets internal to the proposed development. Justification: The proposed deviation will allow for design flexibility within this infill parcel and was previously approved per Ordinance 07-42. The reduced right-of-way width will allow the Applicant to achieve a higher percentage of on-site, useable open space while providing the necessary infrastructure requirements, including sidewalks, standard 10' wide travel lanes and utility easements. Additionally, the right-of-way will be privately maintained by the future Homeowners Association (HOA). Studies have determined that reduced right-of-way widths act as a traffic calming feature and will assist in maintaining ✓ public health,safety and welfare within the community. 'V; - l., C 5 _ ' Buttonwood Preserve RPUD—PUDZ-A-PL2012-1105 Page 2 of 2 Packet Page -1824- 1/22/2013 Item 17.A. Buttonwood Preserve • PUDZ-A-PL20120001 105 CCPC Package 2012 PUD MONITORING • REPORT • Packet Page -1825- 1/22/2013 Item 17.A. 2012 DRI/PUD MONITORING FORM BUTTONWOOD PRESEREVE RPUD SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 ) i E ©[ Q V S' r REPORT DUE DATE: April 30,2012 1 �ppROVAL DgTE: Aril 24 2007 MAII 2 2 2012 02-1,A2 rcE Nvtvtnnit: 07-42 rlarne and Address of the owner/developer,successor or assigns of persons,firms,or 'ther entity responsible for implementing this development order. Update address and telephone number as necessary,sign an. •a e. Buttonwood Partners,LLC 1314 Cape Coral Parkway East,#320 Cape Coral,FL 33904 Name: AL C Z S -.• ' j N . Signature: fiir41111111 / t Date: - - -20 I Z E-Mail: steve@terracapmgmt.com , x f during the past year,the PUD or a parcel(s)within the PUD has been sold to a subsequent owner(s),provide the •' -",{ollowing information for each parcel that has been sold(attach additional sheets if needed): ' yler entity: -tact and folio number: oration of development rights and PUD commitments: .ntact s name: dress: .hone number: was address: i°ORIZED DENSI'T'Y/INTENSITY: a ioum of 22 i 6 dwell es. ng units may be constructed List the total number of single family dwelling units designed "R", Residential on the RPUD constructed to date: 0 sr -Sr List the total number of multi-family dwelling units constructed to date: 0 maintenance will be provided by the List the names and contact information for all by a Property owners association. For homeowners/property owners associations,including the 11 of maintain. ed by the developer, the Master Association. Attach additional sheets if needed. �eate a property owners' association or ose functions shall include provisions 1 maintenance of common facilities and ae developer or the property owners' �s Plicable, shall be responsible for the -ualaCe and management of the surface Packet Page -1826- fYl a. 1/22/2013 Item 17.A. water and stormwater management systems and preserves serving the Buttonwood Preserve RPUD in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. DEVELOPER COMMITMENTS: Check the box that indicates the status of each commitment. If the commitment has been completed.attach documentation to this report(copy of permit,cove of Preserve Management Plan,cony of receipt or canceled check, etc.). For dedications,list O.R.Book and Page Number. If the commitment has not been completed.please list the estimated completion date. AFFORDABLE HOUSING: COMPLETE INCOMPLETE One thousand dollars ($1,000.00) per residential ❑ dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. ENGINEERING: COMPLETE INCOMPLETE In accordance with the Rules of the South Florida ❑ Water Management District, this project shall be designed for a storm event of a 3-day duration and 25- year return frequency. COMPLETE INCOMPLETE The Buttonwood Preserve RPUD conceptual surface ® ❑ water management system is described in the Surface Water Management and Utilities Report which have been included in the RPUD rezone application materials. ENVIRONMENTAL: COMPLETE INCOMPLETE Landscape buffers, berms, fences and walls are generally permitted throughout the Buttonwood ❑ Preserve RPUD. The following standards shall apply: COMPLE 1'h INCOMPLETE The Buttonwood Preserve RPUD features a mix of ❑ residential dwelling unit types. A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. COMPLE 1 E INCOMPLETE A minimum of 25% of the existing native vegetation ❑ shall be retained on-site. Approximately 46.5 acres of native vegetation exists on site; therefore, a minimum of 11.6 acres of native preserve area shall be provided. The master plan has also provided for additional preserve acres in the form of native and recreated 2 Updated 02/27/12 lb Packet Page -1827- 1/22/2013 Item 17.A. preserves totaling approximately 13.45±acres. COMPLETE INCOM PLETE -- . An exotic vegetation removal, monitoring and ❑ maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the abovementioned plan. COMPLETE INCOMPLETE All approved agency (SFWMD, ACOE, FFWCC) ❑ permits, if applicable, shall be submitted prior to final SDP/construction plan approval. COMPLL 1'h INCOMPLETE This RPUD shall be consistent with the Environmental ❑ ® . . Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. COMPLETE INCOMPLETE This RPUD shall comply with the guidelines of the ❑ USFWS and FFWCC for impacts to protected species. A Habitat Management PIan for those species shall be submitted to environmental review staff for review and approval prior to site/plan approval. COMPLETE INCOMPLETE "' All conservation areas shall be designed as ❑ tracts/easements with protective covenants. Easements shall be dedicated on the plat to the homeowners' association for ownership and maintenance and to Collier County with no responsibility for maintenance. COMPLETE INCOMPLETE All Category I invasive exotic plants,as defined by the ❑ Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. COMPLETE INCOMPLETE A Preserve Area Management Plan shall be provided to ❑ Eg Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management and maintenance. COMPLETE INCOMPLETE Soil sampling results will be required at the first SDP ❑ or plat and plans submittal, as the case may be, following the adoption of the rezone ordinance if a Phase One Environmental Analysis suggests potential for soil contamination. If soil sampling is required,the applicant shall utilize a qualified soil testing service in 3 Updated 02/27/12 lb Packet Page-1828- 1/22/2013 Item 17.A. conjunction with Staff to determine the appropriate parameters for soil sampling. Mitigation required shall be approved by appropriate agencies prior to SDP/PPL approval. A copy of the analysis will be forwarded to the EAC members. PLANNING: COMPLETE INCOMPLETE The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. In addition, from the eastern terminus of the wall, the Developer shall install a 6' high black vinyl chain link fence east along the remaining southerly project boundary,then north along the eastern property line for a distance to a point approximately 800' north of the project's southeastern property boundary. The wall and fence may be installed on a berm. The approximate location of each wall/fence section is labeled on the RPUD Conceptual Master Plan, Exhibit A. TRANSPORTATION: COMPLETE INCOMPLETE All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida ❑ Department of Transportation (FDOT) Manual of C, Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. COMPLETE INCOMPLETE Arterial level street lighting shall be provided at all ❑ access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy(CO). COMPLETE INCOMPLETE Access points shown on the RPUD Master Plan are ❑ considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan, final plat submissions, or by an approved developer contribution agreement. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be es. less than the number depicted on the Master Plan, however, no additional access points shall be 4 Updated 02/27/12 lb Packet Page-1829- 1/22/2013 Item 17.A. considered unless a PUD amendment is approved. COMPLETE INCOMPLETE Site-related improvements (as opposed to system- ❑ related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits, All required improvements shall be in place and available to the public prior to the issuance off the first CO. COMPLETE INCOMPLETE Road impact fees shall be paid in accordance with the ❑ El Transportation Section of the County's Impact Fee Ordinance. COMPLE;IE INCOMPLETE All work within Collier County rights-of-way or public ❑ easements shall require a right-of-way permit. COMPLETE INCOMPLETE All proposed median opening locations shall be in . ❑ accordance with the Collier County Access • Management Policy(Resolution No.01-247),as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, r safety,operational circulation,and roadway capacity. COMPLETE INCOMPLETE Nothing in any development order shall vest a right of ❑ El access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title,or assignee. COMPLETE INCOMPLETE All internal roads, driveways, alleys, pathways, ❑ sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. COMPLETE INCOMPLETE A portion of the Buttonwood Preserve RPUD is subject ® ❑ to a Developer Contribution Agreement (recorded at OR Book 3730, Pages 0876 — 0893 of the Public Records of Collier County, Florida) approved January 11, 2005, whereby the applicant has contributed (at no cost to the County) a 30 foot strip of land to be used as right-of-way for Tree Farm Road financial 5 Updated 02/27/12 11) Packet Page-1830- 1/22/2013 Item 17.A. commitments in excess of$500,000 for the design and construction of Tree Farm Road(including sidewalks), an upgraded bridge at Collier Boulevard, and multiple turn lanes have been made by the developer. wow Development shall occur consistent with this agreement and/or subsequent developer contribution agreements. COMPLETE INCOMPLETE The developer shall donate an area 30 feet in width ° ❑ along the project's northern boundary, east of the project entrance, to Collier County for right-of-way purposes. The developer agrees to accept the stormwater run-off from the right-of-way for that portion of Tree Farm Road east of the project entrance and treat the run-off within the project's water management system. • COMPLETE INCOMPLE FE The developer, or successors and assigns, shall provide ❑ a stabilized emergency access connection, meeting local fire prevention code criteria,from the terminus of the southernmost cul-de-sac to the primary internal roadway. The general location of this access connection is shown on the conceptual RPUD Master Plan and the specific location shall be determined at the time of SDP or plat approval as applicable. COMPLETE INCOMPLETE Residential Certificates of Occupancy shall be issued ❑ by Collier County only after substantial completion of roadway improvements presently under construction at the time of RPUD approval for the following roadway segments: Immokalee Road from east of I-75 to Collier Boulevard, Collier Boulevard from Golden Gate Boulevard to Immokalee Road and Vanderbilt Beach Road from Livingston Road to Collier Boulevard. Substantial completion shall be defined as the travel lanes being open for public use. COMPLETE INCOMPLETE As part of this annual monitoring report, the PUD owner(s) is responsible for providing annual traffic ❑ ❑ counts to the adjacent roadway network. Following are three (3) submittal options available to you. To determine the appropriate option for your property, Submit one of the following: contact the Transportation PIanning Department at(239)252-5782. 1. Traffic Count Report 2. Engineer's Cost Estimate and check for payment in 1. Traffic Counts. Active PUDs require a lieu of conducting traffic count submittal of an annual traffic count report, signed and 3. Copy of Traffic Count Waiver sealed by a Professional Engineer and include data for all access points to the adjacent roadway network. Collection of data is to be performed over a 72-hour weekday period, include 15-minute intervals and turning movements in the PM peak two hours which 6 Updated 02/27/12 lb Packet Page -1831- 1/22/2013 Item 17.A. are from 4pm to 6pm. Traffic count reports must also be submitted in an electronic format. 2. Payment in Lieu. Active PUDs may provide a "payment in lieu" rather than submit a report. Payments in the amount equal to the cost to conduct the required traffic counts as defined by a certified cugnictr"s estimate arc acceptable. mil lieu payment checks are to be made out to the Board of County Commissioners. 3. Waiver. Inactive PUDs or PUDs determined as built-out for traffic purposes may seek a waiver from this requirement. Waivers are approved by the Transportation Planning Department prior to submitting a monitoring report and a documented copy of the approved waiver must be submitted as part of the ; monitoring report. U'TILTTIES: • COMPLETE INCOMPLETE Water distribution, sewage collection and transmission systems shall be constructed throughout the project by ❑ the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to all applicable County ordinances. COMPLETE INCOMPLETE Upon completion of the utility facilities, they shall be ❑ tested to ensure they meet Collier County utility construction requirements in effect at the time construction plans are approved. COMPLETE INCOMPLETE All customers connecting to the County's potable water ❑ and sanitary sewer systems shall be customers of the County. COMP LE I E INCOMPLETE The developer shall reserve one area to be conveyed to ❑ Collier County Water and Sewer District for raw water well easement with dimensions 50 feet x 120 feet adjacent to Tree Farm Road. The approximately location of this easement is depicted on the Master Plan. This conveyance/dedication shall occur at the time of site development plan,or final plat approval for the area within the development phase that contains the respective well site. At the time of the SDP and/or Plat submittal, the developers should provide the well site easement that meets the standard setback requirements for water wells. 7 Updated 02/27/12 lb Packet Page-1832- 1/22/2013 Item 17.A. LLC FORMAT LLC AFFIDAVIT STATE OF FLORIDA ) COUNTY OF COLLIER )ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Walter S. Hagenbuckle, the Managing Member (Title) of Buttonwood Partners,LLC,a Florida limited liability company(the"LLC"),who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years,understands the obligations of an oath, and has personal knowledge of the facts stated herein the Collier County Annual Monitoring Report. 2. The undersigned is the Managing Member of the LLC. 3. The LLC was formed under the laws of the tate of Florid, is currently in good standing there under,and has not been dissolv:c FURTHER AFFIANT SAYETH NAUGHT. fir,/ 1 Walter S. Hagenbuckl;l anaging Member Buttonwood Partners, LLC, a Florida LLC The foregoing instrument was sworn to, subscribed and acknowledged before me this ice) day of march , 3C')l of , by 103t\S ,l tCkle , (Title) t{1Caau mzsn\Ce , a Florida LLC, who is personally known,to me or has produced' as identification. '►�� t ► : 4 Public [Notary Seal] `rinted Name:4,70.qC.,,M Commissio ires: 1asi�nf� My P OS X NARY PUBLIC-STATE OF FLORIDA SuSana A. Paul ;commission#DD883763 4r.44 Expires: MAY 23 2Q13 Sant)ED TH1iU'''''TIC B011DlNG CQ,IIVC Packet Page-1833- • '' 1/22/2013 Item 17.A. Michael Davis From: BeardLaurie<lauriebeard @colliergov.net> Sent: Tuesday,March 20, 2012 8:50 AM To: Michael Davis .1++ DuLtwrvW ri oaoi vv r.ruD Michael, After a review of your request for a waiver from your transportation traffic count submittal, this is to confirm that since the property is still vacant and not currently under review for development, you will not be required to provide traffic counts for the 2012 annual monitoring period only. Please print this e-mail and attach a copy to your annual report. Should you require any additional information, please do not hesitate to contact me. Laurie Beard Trans. Planner- PUD Monitoring Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 239-252-5782 From: Michael Davis [mailto:Mike @TerraCapMgmt.com] Sent: Monday, March 19, 2012 4:22 PM To: BeardLaurie Subject: Buttowood Preserve RPUD Laurie- I hope you are doing well.I am preparing the PUD monitoring report for the Buttonwood Preserve RPUD.There has been no change in the status of the development since we last filed in 2011. Please accept this as our request that you waive the transportation traffic count request. Best, Michael R.Davis Managing Director TerraCap Management Corp 1314 Cape Coral Parkway East,Suite 320 Cape Coral,FL 33904 Office:239.540.2002,ext. 1.13 Fax:239.542.9975 Cell:239.822.7262 `„` Think of the environment Do You Realty Need to Print This Email? This is neither an offer to sell nor a solicitation of an otfe! to buy securities. AINThe information in this email and any attachment::,(the"Information") is confidential and may be legally privileged. The Information is intended solely for the addressee(s).Access to the Information by any person other than the addressee(s) is not authorized. If you are not the intended recipient any disclosure,copying or distribution of the Information,or any action taken or omitted in reliance 1 Packet Page -1834- 1/22/2013 Item 17.A. Buttonwood Preserve PUDZ-A-PL20120001 105 CCPC Package NEIGHBORHOOD INFORMATION MEETING SYNOPSIS • Aft, Packet Page-1835- - r 1/22/2013 Item 17.A. YI CIVIL I ING P ENGNEERING O ME CONSULTANTS 410 :-nom F ,fi{j't t .+. a 3 ' _1., -. ' '-‘1"--ias:ja;s Memorandum To: Michael Sawyer From: Alexis Crespo cc: Patrick Neal Date: August 2,2012 Subject: Buttonwood Preserve RPUD(PUDA-PL2012-1105) Neighborhood Information Meeting Synopsis Neal Communities of Southwest Florida, LLC, in conjunction with Waldrop Engineering, P.A. and Passarella and Associates, Inc. conducted a Neighborhood Information Meeting (NIM) on Monday, July 23, 2012. The meeting was held at 5:30 p.m. at the Golden Gate Fire Control&Rescue District at 14575 Collier Blvd. The sign-in sheet is attached as Exhibit "A", and demonstrates approximately 8 residents were in attendance, not including the consultant team. Handouts were distributed outlining the project overview,proposed uses, and site development regulations, and are attached as Exhibit`B". Patrick Neal, the applicant and contract purchaser of the subject property, began the meeting with introductions of the consultant team and an overview of Neal Communities. He also indicated the proposed product types and price points for the Buttonwood Preserve project. Alicia Dixon with Passarella and Associates, Inc.provided an overview of the on-site preserves, both approved and proposed. She pointed out where the proposed modification to preserve boundaries is located on the plan. She also discussed the Big Cypress Fox Squirrel management plan that would be required at the time of site development approval.An attendee asked if Big Cypress Fox Squirrels were found on the property. Alicia indicated that they had previously located some nests on-site, but they were determined not to be Big Cypress Fox Squirrel nests. She explained the process for surveying the site for additional nests prior to site development activities. Alexis Crespo with Waldrop Engineering, P.A. provided an overview of the approved and proposed PUD master plans and explained the changes proposed as part of the application. She stated there is no decrease to the previously approved buffers. She also outlined the public hearing process required for final approval of the amendment. Following the applicant's presentation, the meeting was opened for Q&A. The following is a -7) summarized list of the questions asked and responses given. Page 1 of 3 Packet Page -1836- 1/22/2013 Item 17.A. Question/Comment 1: Where is the fence measured from to determine height? Response: It will be measured from finished grade. Question/Comment 2: When do you think the project will go to the Planning Commission? Response: The earliest Planning Commission date is late October or early November. The Board of County Commissioners hearing will occur in December 2012 or early 2013. Question/Comment 3: Is there a requirement to connect utilities between the project and Bristol Pines? Response: No.The project will tie into the existing water and sewer lines on Tree Farm Road. There is no requirement to tie into Bristol Pines utilities. Question/Comment 4: Is there a rainwater drainage outflow off the property? Response: Stormwater will be collected in proposed lakes, then routed to the northwestern lake, and discharged into the on-site wetlands.The applicant added that the water is purified while stored in the lakes to ensure the required water quality is met.Ultimately,the water is routed to the CR 951 canal. Question/Comment 5: The previous PUD document noted the property is in Zone X. Has this changed? Response: It has changed.The property is now located within Zones AH and AE. The property is not located in a floodplain. Question/Comment 6: How does the stormwater get to CR 951 without going through Bristol Pines? Response: It is routed through the roadside swale on Tree Farm Rd. Question/Comment 7: Why didn't the applicant purchase Phase 2 of Bristol Pines? Cot Response: The lots in Bristol Pines 2 are platted for townhouses. Neal Communities is a single family home builder and the lots are too shallow for the single family product. Question/Comment 8: The Applicant asked the attendees who they should communicate with on the Bristol Pines and Vanderbilt Country Club HOA boards. Response: Tom Doucette from Bristol Pines and Dennis Davidson from Vanderbilt Country Club provided their information. Question/Comment 9: What are the square footages of the homes? Response: The median size is 2,200—2,500 s.f. Question/Comment 10:Are you afraid of flooding the market with new homes? Response: No, we sold 400+ homes last year, and have sold 350+/- homes so far this year. The market is recovering,particularly in Southwest Florida. Question/Comment 11: The previous PUD document allowed models homes to be constructed within the property.Do you plan on building model homes? If so, how many? Response: Yes, the project will have model homes. Question/Comment 12: Do you have any other local projects? 117 Page 2 of 3 Packet Page-1837- 1/22/2013 Item 17.A. Response: Yes, we have local consultants and a new Vice President that has experience in this area. We are working on a project in Estero. There were no further questions or comments. Mr. Neal thanked attendees for corning and reiterated the consultant team's contact information for future questions. Michael Sawyer also provided his contact information. The meeting concluded at approximately 6:05 p.m. The meeting was recorded per the CD attached as Exhibit"C". Page 3 of 3 Packet Page-1838- 1/22/2013 Item 17.A. EXHIBIT "A" BUTTONWOOD PRESERVE Neighborhood Information Meeting--July 23, 2012 NAME EMAIL ADDRESS c;Y:k C_ce 0 , \ xtS C @w (ir-jpely" n'` ' •CvL. `` t ') I pp r l !a r?f1.2.11 W 1S0 ti- Beott't c t D lI W i�SoAJ ca}. loo hnR't t..Cc:1 ,CiSo PA Fro c(-- Lro 5T GJle_m440L.A.4 r- y' C. "�— 1 L7r•. DckJC--f fl'c. =a":s-61 . v.� � . - r_ .-� -. c-�r•. s 41r**. Packet Page -1839- 1/22/2013 Item 17.A. I EXHIBIT "B" 1110 BUTTONWOOD PRESERVE RPUD Neighborhood Information Meeting July 23, 2012- 5:30 p.m. - Golden Gate Fire Control &Rescue District Project Information Sheet • Project Size: 55+/-acres • Current Zoning: Residential Planned Unit Development (RPUD) • Proposed Zoning: Residential Planned Unit Development (RPUD) • *Approved Density: 220 units • *Approved Uses: "R1" — Single Family & Two-Family "R2 — Single Family, Two-Family & Multi-Family • Approved Preserve: 13.45 acres • Proposed Preserve: 11.6 acres per LDC requirements * = No Change Requested Per this Amendment Page 1of3 Packet Page-1840- 1/22/2013 Item 17.A. APPROVED SCHEDULE OF USES A. Principal Uses—"R1" Areas: 1. Single-family dwellings. 2. Two-family and duplex dwellings. B. A. Principal Uses—"R2"Areas: 1. Single-family dwellings,townhomes. 2. Two-family and duplex dwellings. 3. Multi-family dwellings. • C. Residential Accessory Uses and Structures: 1. Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in 417: this subdistrict, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, boat docks and other recreational facilities. 6. Temporary construction, sales, and administrative offices for developer and developers' authorized contractors and consultants, including necessary access ways, parking areas, and related uses. Page 2 of 3 Packet Page -1841- rdz i 1/22/2013 Item 17.A. 111, APPROVED DEVELOPMENT STANDARDS PERMITTED USES AND Single Two Family and Townhome Multi-family STANDARDS Family Duplex Detached Minimum Lot Area 5,000 SF 3,500 1,400 SF 9,000SF Minimum Lot Width 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' Minimum Yard Principal Uses: Front 20' 20' 20' 20' Side 6' O' and 6' O' and 6' >10' Rear 15' 15' 15' 15' • Waterbody 20' 20' 20' 20' Preserve 25' 25' 25' 25' Minimum Yard Accessory Uses: Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' >10' Rear 10' 10' 10' 10' Waterbody 20' 20' 20' 20' Preserve 10' 10' 10' 10' Maximum Building Height 45 feet not to 45 feet not to exceed 3 exceed 3 35 feet 35 feet stories stories Minimum Distance Between Detached Principal Structures 12' 12' 12' >20' Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 750 SF ) Page 3 of 3 Packet Page -1842- 1/22/2013 Item 17.A. , . . AFFIDAVIT OF COMPLIANCE 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 Affida •f Compliance 0 I ature of .licant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this' day of Z.141/4____, 2012 by CAA.) - C 15 CXT' C) ,who is personally known to me or who has produced as identification. (Signature of otary Pu lb ic) �} —TO (Notary Seal) CXU \V0,11 1''e5 X Printed Name of Notary QUILUAN JONES,Hi NOTARY PUBUc STATE OF FLORIDA • • ,i'j y_Comm#EE099159 Expires 8/1/2015 elk G:1NIM Procedures/Affidavit Of Compliance-NIM Oct20 10.Doc t. �,,,- ...:+rtN•,..>:..... .L:,h'�:.?F:S<`J:F_t; , �?f"6:: _.-._.s. Packet Page -1843- - ' ; 1/22/2013 Item 17.A. —A— WALDROP ENGINEERING CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANT_ S 'a 4-�. }at�W —wi .�,. i 5 7.'. it r' - , • •� ij`e , '-f e' •_q . a- 'N pY$'`^ n T ° :£ t�15?�,(` -,"'4 = July 5,2012 Carl&Margaret Agnello 8427 Gleneagle Way Naples,FL 34120 RE: Buttonwood Preserve Residential Planned Unit Development PL20120001105 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an amendment to the Buttonwood Preserve Residential Planned Unit Development (RPUD) described as follows: 3500-3710 Tree Farm Rd. & 1446-1480 Davila St.,Naples, FL 34120 0.7 miles east of the Collier Blvd./Tree Farm Rd. intersection The petitioner is asking the County to amend the existing RPUD to reduce the native habitat acreage to the code minimum requirement, in addition to miscellaneous minor revisions to the PUD document In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held at 5:30 p.m. on Monday, July, 23`1, 2012 at the Golden Gate Fire Station at 14575 Collier Blvd., Naples, FL 34119. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me directly at (239) 405-7777 ext. 207, or alexisc(@,waldropengineering.com. Sincerely, WALDROP ENGINEERING,P.A. OCo Alexis V. Crespo,AICP Principal Planner Cc: Mike Sawyer,Collier County Government Patrick K.Neal,Neal Communities of Southwest Florida,LLC Packet Page -1844- i 1/22/2013 Item 17.A, 0949/09 45,t banyan oIqmedwca tutu L9 x tutu BZ 4e811o1 op a>4enbl 0948/0949®zany q1 M owe woo„8!5 Z x"L azls lap . -. . ; oftok AFFINITY ELITE DEVELP CORP AGNELLO,CARL=&MARGARET ROHAN ALBRECHT,LELAND J=&KATHY T ea" 12324 CANDLEW00D 8427 GLENEAGLE WAY 7830 BRISTOL CIRCLE TECUMSEH,ON NAPLES,FL 34120-1673 NAPLES.FL 34120-0000 CANADA, N9K106-0000 ANDERSON, JOAN M ANDERSON,MARY J B 8 S FINANCE LLC 8510 DANBURY BLVD APT 101 PO BOX 522 6006 RADIO ROAD NAPLES,FL 34120-0624 MATTAPOISETT,MA 02739--0522 NAPLES,FL 34104-0000 BAIRD,ERIN ELIZABETH BARBARA COX DONNELLY DEC TRUST BASSO,PAUL R 184 PADDOCK GREEN CIR MICHAEL R BURLEY SANDRA DE MONTMORENCY CORUNNA,ON 8510 DANBURY BLVD 11205 190 MC LAREN ROAD CANADA, NON1G0000-0000 NAPLES,FL 34120-0000 CAMPBELLVILLE,ON CANADA, LOP 180-0000 BATES,BETSY A BAYER,THOMAS H=&ANN G BECKER TR,LEWIS F 8530 DANBURY BLVD APT 201 8480 DANBURY BLVD APT 105 LOIS L BECKER NAPLES,FL 34120-0622 NAPLES,FL 34120-0626 LEWIS F BECKER REV TRUST 26W150 TOMAHAWK DR WHEATON,IL 60189-7823 BEDMONT INVESTMENTS LLC BELALCAZAR,LUZ D BELL-JACKSON R=8 NANCY W 6006 RADIO ROAD 7592 BRISTOL CIR 8538 GLENEAGLE WAY NAPLES,FL 34104--0000 NAPLES,FL 34120-0691 NAPLES,FL 34120-1683 ir BONFE TR,JACUEUNE MARIE BORGER TR,YVETTE L BRETT,BARRY J=8 LESLIE ROGER ANTHONY BONFE TR YVE I I t L BORGER TRUST 1385 YORK AVE#8F JACUELINE MARIE BONFE TRUST DATED 07/30/98 NEW YORK,NY 10021-0000 UTD 5/3/041293 ASPEN WAY 8470 DANBURY BLVD APT 102 MENDOTA HTS,MN 55118-1750 NAPLES,FL 34120-0638 ■ F BRICHFORD,BARBARA A BRISTOL PINES COMMUNITY BRISTOL PINES COMMUNITY `°` 5077-109 FRUITV1LLE RD 4319 ASSOCIATION INC ASSOCIATION INC NAPLES,FL 34120-0000 %KW PROP MGMTAND CONSULTING %KW PROP MGMTAND CONSULTING r 3358 WOODS EDGE CIR STE 102 3358 WOODS EDGE CIR STE 102 ' BONITA SPRINGS,FL 34134-3323 BONITA SPRINGS,FL 34134-3323 BRISTOL PINES COMMUNITY BRISTOL PINES COMMUNITY BRISTOL PINES COMMUNITY ,, ASSOCIATION INC ASSOCIATION INC ASSOCIATION INC Y KIN PROP MGMT AND CONSULTING %KW PROP MGMT AND CONSULTING %KW PROP MGMT AND CONSULTING 3358 WOODS EDGE CIR STE 102 3358 WOODS EDGE CIR STE 102 3358 WOODS EDGE CIR STE 102 BONITA SPRINGS,FL 34134-3323 BONITA SPRINGS,FL 34134-3323 BONITA SPRINGS,FL 34134--3323 BRISTOL PINES COMMUNITY BRISTOL PINES COMMUNITY BRISTOL PINES COMMUNITY ASSOCIATION INC ASSOCIATION INC ASSOCIATION INC -�-`%KW PROP MGMTAND CONSULTING %KW PROP MGMT AND CONSULTING %KW PROP MGMT AND CONSULTING 3358 WOODS EDGE CIR STE 102 3358 WOODS EDGE CIR STE 102 3358 WOODS EDGE CIR STE 102 'fi=BONITA SPRINGS,FL 34134-3323 BONITA SPRINGS,FL 34134--3323 BONITA SPRINGS,FL 34134-3323 .,.=BRISTOL PINES COMMUNITY BRISTOL PINES COMMUNITY BRISTOL WATERWAYS LLC r ASSOCIATION INC ASSOCIATION INC 4949 SW 75TH AVE \KW PROP MGMT AND CONSULTING %KW PROP MGMT AND CONSULTING MIAMLFL 33155-0000 058 WOODS EDGE CIR STE 102 3358 WOODS EDGE CIR STE 102 ell* NITA SPRINGS,FL 34134-3323 BONITA SPRINGS,FL 34134-3323 .T..- PLES_ label size 1"x 2 5/8"compatible with Avery x5160/8160 Etiquette de format 25 mm x 67 mm compatible atvec Avery 65160/8160 , ,:, _.- .- Packet Page-1845- . .._.o-.P,. f �-�.. - . . 1/22/2013 Item 17.A. 09 L9/0915€,iJony cane algllediuoo ww Lg x wM gZ lewno;op allane! 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BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMI,FL 33155-0000 MIAMI,FL 33155---0000 MIAMLFL 33155-0000 -.4) BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 MIAMLFL 33155-0000 BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LW BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 • • BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE , MIAMI,FL 33155-0000 MIAMLFL 33155-0000 MIAMLFL 33155-0000 BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMLFL 33155-0000 MIAMLFL 33155--0000 MIAMI,FL 33155-0000 • BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMLFL 33155-0000 MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 1 label size 1*x 2 5/8”compatible with Avery 85160/8160 $IAP-s- etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 _ • . - Packet Page-1848- 1/22/2013 Item 17.A. 0918/091.9z ftienv 39ne aiggedwoo ww LB x ww 9Z}wool ap 9L}anbq ISI- 09 L9/09 Lge kanv Uim 9lgilEdwo0„g/g Z x,.ails lag' S33c1'd BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 757H AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMLEL 33155-0000 MIAMI,FL 33155--0000 MIAMI,FL 33155-0000 • BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMLFL 33155-0000 MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMLFL 33155-0000 MIAMI,FL 39155-0000 MIAMI,FL 33155-0000 BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC • 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75Th AVE MIAMLFL 33155-0000 MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMLFL 33155-0000 MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 BRIS i UL WATERWAYS LLC BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC 4949 SW 75TH AVE 4949 SW 75TH AVE 4949 SW 75TH AVE MIAMI,FL 33155-0000 MIAMLFL 33155-0000 MIAMLFL 33155-0000 BRISTOL WATERWAYS LLC BRISTOL WATERWAYS LLC BROICH,LARRY D=R BARBARA B 4949 SW 75TH AVE 4949 SW 75TH AVE 8450 DANBURY BLVD APT 105 MIAMI,FL 33155-0000 MIAMI,FL 33155-0000 NAPLES,FL 34120-0637 BUSSMANN,MONIKA BUTTONWOOD PARTNERS LLC BUTTONWOOD PARTNERS LLC 8480 DANBURY BLVD#203 1314 CAPE CORAL PKWY E STE 320 1314 CAPE CORAL PKWY E STE 320 NAPLES,FL 34120-0000 CAPE CORAL,FL 33904-9895 CAPE CORAL,FL 33904-9695 BUTTONWOOD PARTNERS LLC BUTTONWOOD PARTNERS LLD BUTTONWOOD PARTNERS LLC 1314 CAPE CORAL PKWY E STE 320 1314 CAPE CORAL PKWY E STE 320 1314 CAPE CORAL PKWY E STE 320 CAPE CORAL,FL 33904-9695 CAPE CORAL,FL 33904-9695 CAPE CORAL,FL 33904-9895 BUTTONWOOD PARTNERS LLC BUTTONWOOD PARTNERS LLC CARUCCI TR,CINDY K 1314 CAPE CORAL PKWY E STE 320 1314 CAPE CORAL PKWY E STE 320 C K CARUCCI 2002 DEC OF TRUST CAPE CORAL,FL 33904-9695 CAPE CORAL,FL 33904-9695 UTD 06/17/02 431 PAMELA CIRCLE eat HINSOALE,IL 60521--4556 STAPLES': label size 1"x 2 5/8"compatible with Avery.5160(8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 4°5160/81660 Packet Page-1849- 1/22/2013 Item 17.A. 09t.VO914,(Jany 3940 9igitodwoo ww Zg x ww gZ town}op 0u911b113 091-5/0919®&aAy Up eigi7edwoa„gig Z x„t ozis legal $3ad'tfl'S_ PFFEE JR TR.JOHN C CHAPMAN,MALCOLM S=&MARY B CHRISS,JAMES M �NN C CHAFFEE JR TRUST 8440 DANBURY BLVD APT 101 1827 VERRAZZANO DR p 10/20/98 NAPLES,FL 34120-0638 WILMINGTON,NC 28405-4229 pN CLIFFSIDE OR S-r flONGSVILLE,OH 44136-4231 C EppERSON DR R COLLIER J=&CHRISTINE E 8480 DANBURY BLVD APT 201 3301 TAMIAMI TRL E 39Ot< 'TN 3a305-5628 NAPLES,FL 34120-0627 NAPLES,FL 34112—.4061 JP' oNNOLLY,KATHRYN A CORCHUELO,NATALIA CRABB,STEPHEN C=&LINDA F -4 RINE P CONNOLLY 7635 BRISTOL CIRCLE 6215 GLENDORA AVE 1_,(1,cT CHESTER 19382-7909 NAPLES,FL 34120-0000 DALLAS,TX 75230-5120 EVESHAM cT C,5 DANBURYRBLVD APT 104 6490 DANBURY BLVD APT 204 KIM PHAM NApLES,FL 34120-0620 ,NAPLES,FL 34120-0630 7318 BRISTOL CIR • NAPLES,FL 34120-0694 ppvig,ROBERT w DEBRUYN,RICK A=&BARBARA L DEFRANCESCO 1/2 LLC 150 AL1AN ST 1/605 1660 ROOD POINT RD 6490 DANBURY BLVD APT 203 1,, 0 <V1LLE,ON NORTON SHORES,Mi 49441--4849 NAPLES,FL 34120-0630 Gp E NADA. L6J 3N8--0000 x;DEL MAURO.PATRICK DELORES B MATTELL TRUST DEUTSCHE BANK NATL TRUST CO TR s. 84g-DANBURY BLVD APT 104 7834 CLASSICS DRIVE IMPAC SECURED ASSETS CORP ;Np,pLES.FL 34120.-0626 NAPLES,FL 34113-0000 CA6-920.02-21 4 r, 2900 N MADERA RD SIMI VALLEY,CA 93065--6230 frK , `,,oDEVLIN,HAROLD B DICKERSON,CLYDE M=&LENA M DICKEY,MARK B=&ROSANNA 'REGENE ROSS 3939 BURKESVILLE RD 8550 GLENEAGLE WAY , • 6530 GLENEAGLE WAY GLASGOW,KY 42141--8309 NAPLES,FL 34120-1883 PLES,FL 34120-1683 yet':: ,NGILL0,MICHAEL= &CHARLOTTE DOLAN,MICHAEL A=&PATRICIA E DONDERO,JEROME S=&=&NANCY S 7pANBURY BLVD AFT 203 46 AVALON LN 16 DONCASTER RD BLV,FL 34120— -ES 0637 MATAWAN,NJ 07747-1218 MALVERNE,NY 11565-1015 ,.._,.. c(, 1 �', .CHRISTOPHER P DORGAN,WILLIAM A=&MARY T DOUCETTE,THOMAS J z4 A DORGAN 8533 GLENEAGLE WAY KARI A DOUCt 11 t ' N=n WAY NAPLES,FL 34120-1684 7631 BRISTOL CIR 8, 34120.-1683 NAPLES,FL 34120--0690 F VAIN A>&RITA S ELLIOTT TR,JOYCE E ELLIS,MARCIE 9NFGATE CT T JOYCE E ELLIOTT TRUST 2940 37TH AVE NE If'?99393--1663 UTD 01/08/03 NAPLES,FL 34120-1579 S. 3560 HIDDEN LAKE LN SE GRAND RAPIDS,MI 49546-2133 label size 1'x 2 5/8"compatible with Avery#5160/8160 Etiquette de lormat 25 mm x 57 mm compatible avec Avery 65160/8160 Packet Page-1850- 1 1/22/2013 Item 17.A, 1 0918/0919®,Uany gene aiggedwoa ww L9 X BBB gZ iewaol op el19nb113 ciVISS` 0919/09L5®Amyl minn atgt}Bdwoo„8/s z X„1.azts lagBi '• ERICKSON,NORMAN E W=&BARBARA ESPINOZA,EDUARDO FALCONE JR,WILLIAM 1 8470 DANBURY BLVD APT 101 7650 BRISTOL CIR KATHERINE B FALCONE NAPLES,FL 34120---0638 NAPLES,FL 34120-0697 8537 GLENEAGLE WAY 1 NAPLES,FL 34120-1884 FARLEY,MAX A=&GEORGIANN E FEDERAL NATIONAL MORTGAGE ASSN FEDERAL NATIONAL MORTGAGE ASSN 8440 DANBURY BLVD APT 204 %CHASE HOME FINANCE LLC PO BOX 850043 NAPLES,FL 34120-0636 3415 VISION DRIVE DALLAS,TX 75265-0043 MAIL CODE 0 COLUMBUS,OH 43219--0000 FERNS TR,CATHY J FICALORA TR,SALVATORE FIGUEROA,TITD=&VERONICA CATHY.1 FERNS UV TRUST ROSE ANN FICALORA TR 2987 REGATTA RD UTRD 3130/00 SALVATORE FICALORA UV TRUST NAPLES,FL 34103-4120 3312 W 138TH ST DATED 04/20/938470 DANBURY BLVD APT 201 LEAWOOD,KS 66224-4588 NAPLES,FL 34120-0638 • FINNECY,JAMES=&MARY ANN FIRTH,KENNETH J=&SAUNDRA FLYNN PETERSON LLC 1 82 MASON RD 8490 DANBURY BLVD APT 201 222 2ND ST SE APT 901 QUEENSBURY,NY 12804-6763 NAPLES,FL 34120-0630 MINNEAPOUS,MN 55414-5140 I FORDON,WILLIAM F=&NATALIE.1 FOREE,STEVEN R=&SALLY A FREW,BRIAN=B SUSANNAH H 8450 DANBURY BLVD APT 104 7313 BRISTOL CIR 21 ADAMS AVE NAPLES,FL 34120-0637 NAPLES,FL 34120-0698 NORTHAMPTON ENGLAND, NN14L0-0000 ori; . 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TAD 3/95 8530 DANBURY BLVD APT 204 SHIRLEY K MARETTI TR ITF MARY L MACK DECLARATION NAPLES,FL 34120-0622 R D&S K MARETT1 JT REV TRUST 3101 IRONHILL OR DATED 12/16/028440 DANBURY BLVD APT 102 SPRINGFIELD,IL 62711--4035 NAPLES,FL 34120-0636 MARTIN TR,RICHARD J MARTIN,CHRISTOPHER=&JAN D MARTORANO,RICHARD J=&NANCY F RICHARD J MARTIN REV LIV TRUST 17 COACH RD 930 KILKENNY DR UTD 1/26/06 WALPOLE,MA 02081-2102 WHEATON,IL 60189-0000 26 NEWBERRY PL GROSSE POINTE,MI 413236-3750 MCCRYSTAL FAMILY TRUST MCKAY,DAVID W=&GAIL C MCWHORTER,MARY FRANCES 8562 GLENEAGLE WAY 203 MARLIN DR 4356 PATRIOT PARK COURT NAPLES,FL 34120-1683 GRAND ISLAND,NY 14072-2943 FAIRFAX,VA 22030-0000 MERIDIAN BROADCASTING INC METSGER,L KEVIN=&LINLEY MILLER,KATHERINE 2824 PALM BEACH BLVD RR B BOX 190-1 3350 BRIDLE PATH LN FORT MYERS,FL 33916-1503 GREENSBURG,PA 15601-0000 WESTON,FL 33331-3508 MILLER,KATHERINE MILLER,ROBERT B MILLER,ROBERT B 3350 BRIDLE PATH LN 3350 BRIDLE PATH LN 3350 BRIDLE PATH LN WESTON,FL 33331-3508 WESTON,FL 33331--3508 WESTON,FL 33331-3508 Calk MINIYAR TR,RAJESHKUMAR MONAHAN,WILLIAM=&ELIZABETH MONTGOMERY,DAVID B=&ANN H SHEETAL MINIYAR TR 8530 DANBURY BLVD APT 104 49A FLAT SWAMP RD DR MINIYARS PEDIATRICS PC NAPLES,FL 34120-0622 NEWTOWN,CT 06470-1881 PENSION PLAN2 CAVENSHAM LANE SE 1 ROME,GA 30161-0000 MUELLER TR,DANIELT MULCAHY,WILLIAM E_&GAIL A MULLINS,CHARLES DAVID PATRICIA J MUELLER TR 8450 DANBURY BLVD APT 201 7646 BRISTOL CIR MUELLER LIVING TRUST NAPLES,FL 34120-0837 NAPLES,FL 34120-0697 UTD 07/07/948507 GLENEAGLE WAY NAPLES,FL 34120-1684 MUNOZ,MICHAEL A NAPLES JEWISH COMM FUND INC NAPLES JEWISH COMM FUND INC 7595 BRISTOL CIR C/O BRUCE SHERMAN CIO BRUCE SHERMAN NAPLES,FL 34120-0692 4101 GULF SHORE BLVD N 4101 GULF SHORE BLVD N PH4 PH4 NAPLES,FL 34103-0000 NAPLES,FL 34103-0000 NAPLES SYNDICATIONS LLC NELEMAN,ANNE K NGUYEN,TINA 540 MYRTLE RD 6545 DANBURY BLVD APT 105 TUAN LE NAPLES,FL 34108-2657 NAPLES,FL 34120-0618 7614 BRISTOL CIR NAPLES-FL 34120-0689 NICHOLLS TR,EDWARD A NIEDERMEIER EST,ANNE NIEMIEC,MIECZYSLAW STACIE B NICHOLLS TR JO ANN NIEDERMEIER JADWIGA-ANNA NIEMIEC 8 HARRIETT LANE EAST 8535 DANBURY BLVD APT 104 7321 BRISTOL CIR DARIEN.CT 08820-4805 NAPLES,FL 34120---0619 NAPLES,FL 34120-0696 label size 1"x 2 5/8"compatible with Avery 1°5160/8160 STAPg-E-, Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 Packet Page-1853- 1/22/2013 Item 17.A. 0918/0919,tinny 3960 oigliedwoo ww zg x ww gZ leWJUJ op ollonbp3 0919/0919e 6.18ny 1111m alglledwoo„8/g Z x u l am legal sa-ac 11S O4DONOGHUE,MICHAEL G OBRIEN TR,WILLIAM.1 ORTIZ ALEJANORO A 80 DANBURY BLVD APT 204 HELEN R O BRIEN TR LORENA VELASCO NAPLES,FL 34120--0627 WJ&HR O'BRIEN.JT UV TRUST 7317 BRISTOL CIR 13 CHRISTOPHER HOLLOW RD NAPLES,FL 34120-0696 SANDWICH,MA 02583-2227 OSTLER,JOHN=&THERESA PALACIO,DIEGO PEOTROWSKI,FRANCIS J=&GLORIA 1206 ABBEY ROAD DORA GARCIA 107 PLANTATION DR PICKERING.ON 351 11TH ST NW DUXBURY,MA 02332-3129 CANADA, L1X 1V9--0000 NAPLES,FL 34120-5023 • PERU-LOPEZ,GINA M PEREZ-LOPEZ,GUILLERMO=&LINDA PERSOHN TR,CALVIN A=&SUSAN E 7839 BRISTOL CIR 5222 HAWKESBURY WAY CALVIN A PERSOHN TRUST NAPLES,FL 34120--0690 NAPLES,FL 34119-9581 UTD 12/23/08 8500 DANBURY BLVD APT 102 NAPLES,FL 34120-0823 POMMERENKE TR,SUESANN M POTES,LINO POZYCKI,JOSEPH W 8520 DANBURY BLVD APT 203 KAREN VELASCO 200 CHURCH LN NAPLES,FL 34120-0621 7591 BRISTOL CIR • • SEWICKLEY,PA 15143-1012 NAPLES,FL 34120-0692 PRENO,RUSSELL=&DEBORAH RAWSON III,WALTER B RAYNOLDS TR,RANDALL 8520 DANBURY BLVD APT 105 7649 BRISTOL CIR LYNN E RAYNOLDS TR NAPLES,FL 34120--0821 NAPLES,FL 34120-0690 TAD 8/8/00 RAYNOLDS REVOCABLE TRUST118()ORAL DR SPRINGF1ELD,IL 62704-3136 4' REFERENCE ONLY RENAHAN.BESSIE E ROBERTS,PHIUP=&MARY WEDGEWOOD AT VANDERBILT 8535 DANBURY BLVD APT 201 7653 BRISTOL CIR CONDOMINIUM NO.2 A CONDOMINIUM NAPLES,FL 34120-0619 NAPLES,FL 34120-0660 , -0000 ROBINSON,MARY W ROSS,HUGH LINK SAVINO.JOSEPH A=8 DIANE M 710 TALAMORE DR CHRISTINE BARBARA MAUREAN ROSS 8530 DANBURY BLVD APT 205 AMBLER,PA 19002-1864 106 RIVER P01NTE DR NAPLES,FL 34120-0622 WINNIPEG,MB CANADA, R3M 37J--0000 SCHLIEF.ROBERT D=8 KRISTA B SCOTT,THOMAS G=8 CONNIE M SEEMILLER,RAYMOND A=&MONICA 7611 BRISTOL CIR 8535 DANBURY BLVD APT 205 8500 DANBURY BLVD APT 201 NAPLES,FL 34120-0690 NAPLES,FL 34120-0619 NAPLES,FL 34120-0623 SEGUIN,DAVID G SHAUGNESSY,BERNARD J SIEVERT,DOROTHEA SUE CONSORCIA G SPERRAZZA MELISSA SHAUGNESSY 8542 GLENEAGLE WAY 6370 WALNUT CREEK DR JAMES W JACKSON NAPLES,FL 34120-1683 EAST AMHERST,NY 14051-0000 222 CHURCH ST TURTLE CREEK,PA 15145-1943 SKIWNG,THOMAS G=&MARY WATT SLAYTON TR. NAIDA J SMITH.ROBERT E=&SHARON A 8535 DANBURY BLVD APT 203 15007 SILVER FIR DR 19308 BRUSHWOOD LN 011IAPLES,FL 34120---0619 HOLLANO,MI 49424-1693 TINLEY PARKA 60487-7036 label size 1"x 2 5/8"compatible with Avery®5160/8160 STAPLES' ;, Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8180 Packet Page-1854- 1/22/2013 Item 17.A. OgL8/O9L9©£I9nV 30AB algi;BdWOO WUU Lg X UJW gE 4ELLuc4 op emnb9 S31c1tl15 O9L8/O9LS .19AV I{a!M 9lggedwo3„8/9lx„L azls mot _ _. SMITH,ROBERT M=&JUDITH J SMITH,THOMAS L=8 CAROL.1 STONE,LARRY A=&JANET L 8510 DANBURY BLVD APT 105 80 MERCER LN 10 E LEE ST APT 901 NAPLES,FL 34120-0624 GILBERTSVILLE.KY 42044-8848 BALTIMORE,MD 21202--6030 STUDLEY,ALAN=&JANET SUTTER,LESLIE=&CHRISTEL R SWEET,JOSEPH=&SUSAN 5 SHIPYARD LN 7607 BRISTOL CIR 8545 DANBURY BLVD APT 104 SE.TAUKET,NY 11733-3038 NAPLES,FL 34120-0890 NAPLES,FL 34120-0618 TANNASSEE SR TR,KENNETH R TATE,ROBERT F=&PAMELA A TATOOLES,JAMES K R TANNASSEE SR FMLY TRUST 8510 DANBURY BLVD APT 204 WILMA MERKEL UTD 4130/03 NAPLES,FL 34120-0624 8525 DANBURY BLVD APT 204 7643 BRISTOL CIR NAPLES,FL 34120-0690 NAPLES,FL 34120-0620 THOMAS SR EST,THOMAS R VANDEN BOSCH,HAROLD J VANDERBILT CMMTY ASSOC INC %THOMAS J THOMAS JR PR LINDA L VANDEN BOSCH 8250 DANBURY BLVD 431 E COURT AVE 8945 OLD OWL DR NAPLES,FL 34120-1831 JEFF RSONVILLE,IN 47130-3413 FENNVILLE,MI 49408-7614 VANDERBILT CMMTY ASSOC INC VANDERBILT CMMTY ASSOC INC VANDERBILT CMMTY ASSOC INC 8250 DANBURY BLVD 8250 DANBURY BLVD 8250 DANBURY BLVD t NAPLES,FL 34120-1631 NAPLES,FL 34120-1631 NAPLES,FL 34120-1631 f .: 3 VANDERBILT COMMTY ASSOC INC VASALLO,MELISSA VASS TR,BRIAN C 8250 DANBURY BLVD 7626 BRISTOL CIR TAD 1992 NAPLES,FL 34120-1631 NAPLES,FL 34120-0697 BRIAN C VASS REVOCABLE TRUST tz PO BOX 217 HAMPSTEAO,NH 03841-0217 • VASSALLO,ANGELO J=&JUDITH A VENNARO,CHARLES T VERINI,NICHOLAS L=&CYNTHIA G •, 22 GREENNAVEN RD 75 MYSTIC CIR BARBARA A V ENNARD RYE,h1Y 10580-1018 20 BALSAM WAY BAY SHORE,NY 11706-7144 , , ALBANY,NY 12205•-2020 ■ 4. VESELY,PETR=&ANNA WALSH,DAVID M=• LISA H WALSH,MICHAEL Ate,JULIE V iZA Z2KOVSKOU 4325 VINEWOOD LN N 12571 DORCHESTER TRL VOZOVNOU 1311132 PLYMOUTH,MN 55442-2829 : PRANA3 APPLE VALLEY,MN 55124-8634 1 i-CZECH REPUBLIC, 13000-0000 y- ='w rsAR4,THOMAS F=&VIVIAN M WATERWAYS JOINT VENTURE IV WATERWAYS JOINT VENTURE N l 11 COLLINS AVE 914 GRAND RAPIDS BLVD 914 GRAND RAPIDS BLVD I EAOING,MA 01867-1018 NAPLES,FL 34120•-4430 NAPLES,FL 34120-4430 WATERWAYS JOINT VENTURE IV WATERWAYS JOINT VENTURE IV -4 914 GRAND RAPIDS BLVD WATERWAYS JOINT VENTURE IV --.NApLES,FL 34120-4430 15122 SUMMIT PLACE CIR 914 GRAND RAPIDS BLVD NAPLES,FL 34119-4107 NAPLES,FL 34120-4430 VOW STAPLE 5 label size 1"x 2 5/8'compatible with Avery®5160/8160 ' Etiquette de format 25 n"v R7 mm r^mne+ikln Avery 05160/8160 Packet Page-1855- 1/22/2013 Item 17.A. 1 091.8/091.ge J0nV NAB aigip ciwoa ww L9 x ww,Z tempi.ap 90011blii 09 L8/09 t9m icJoA/glue awned woo„g/g z x„L azls lagei SaacraS: LCH TR.SUSAN K WEST,JAMES N=&DORIS G WHITE.RONALD M=&VALERIE H 6908 CLOVER COURT 8525 DANBURY BLVD APT 103 5512 SANDY FOLLY CT DARIEN,IL 60561-3680 NAPLES,FL 34120-0620 FAIRFAX STATION,VA 22039-1032 WILLIAMS TR,ROSALIND WILSON,CHAPPELL R=&JANE E WOODLAWN PROPERTY LLC ROSALIND WILLIAMS TRUST 8450 DANBURY BLVD APT 202 4733 S WOODLAWN AVE UTD 10/05/93 NAPLES,FL 34120-0637 CHICAGO,IL 60615-1917 8503 GLENEAGLE WAY NAPLES,FL 34120-1684 WRATTEN,THOMAS F=&JULIA A ZITTEL,MARTIN=&VIRGINIA 8525 DANBURY BLVD APT 101 8535 DANBURY BLVD#204 NAPLES,FL 34120-0820 NAPLES,FL 34120-0000 • 011/4 label size 1°x 25/8^compatible with Avery 2'5160/8160 SUMO Etiquette de format 25 mm x 67 mm compatible avec Avery 25160/8160 Packet Page-1856- 1/22/2013 Item 17.A. PUBLIC NOTICE PUBLIC NOTICE "- '"Pfi7BTIIC NOTICE r" --___ - - ' -- NEIGHBORHOOD INFORMATION MEETING 0** The public is invited to attend a neighborhood information meeting for the Buttonwood Residential Planned Unit Development (PL201 20001 1 05) held by Neal Communities of Southwest Florida, LLC and represented by Alexis Crespo, AICP of Waldrop Engineering, P.A. on: Monday, July 23, 2012 at 5:30 p.m. At Golden Gate Fire Station 14575 Collier Blvd., Naples, FL 34119 NORTH I LI ■ __ x;° �`� ; ,� �'�� r Qty } I � r L 8- OTCM.EliR9AT)CC1t B46) i�•r 'r,pi.J.-4-r—-,,,1,1,i-7,- 1 joaa_--A ‘,,_ 1 r la I 1-7_1,31-t,.: 1:::7I---T--k---2c.tr / ---i_ r7:1 ff ik i-VJ &ix i$E tzg - , �" I 1 = ifl�ri----- m PROJECT LOCATION„ taill*4' J � � H - LJJ PROJECT LOCATION MAP NO SCALE The property owner has filed an Application for Public Hearing to amend the Buttonwood Preserve RPUD to reduce the native habitat acreage to the code minimum requirement, in addition to miscellaneous minor revisions to the PUD document. The property contains approximately 53.75 acres and is located on Tree Farm Road, 0.7 miles east of Collier Blvd., as shown on the above map. WE VALUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: Waldrop Engineering, P.A. c/o Alexis Crespo 28100 Bonita Grande Dr., Suite 305 .11w Bonita Springs, FL 34135 (239) 405-7777, ext. 207 alexisc@waldropengineering.com No.240192914 Packet Page-1857- July 16 2012 _._ .__ 1/22/2013 Item 17.A. SIGN POSTING INSTRUCTIONS NO (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s)must be erected in full view of the public,not more than five(5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost, or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Pt'CP S CC-CAD v WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAN LOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER Put Dtc\ -- P L2-o i�� ( O S p 1.o0 13 Irk C.2�v�-� Dr . OF PPLICANT OR AGENT STREET OR P.O.BOX 1 CkI S Ct' c7 51 S ' 1 F1' 341 NAME(TYPED OR PRINTED) CITY,S ATE 4IP / STATE OF FLORIDA COUNTY OF£-BLLILR t E'.f'_ The foregoing instrument was sworn to and subscribed before me this I day of N ov • ,20a'D- by , personally known to.me or who produced as identification and who did/did not take an oath. , / �„ � A o P'"°�s'•. JACQUELYN tAADCQUE ? `v:- Notary Public•State of Florida ' Si:i:tore of Not. •.. ic Ir `My Comm.Expires Oct 12,2016 / •-,,,w Fog Commission#EE 831330 Nt)Printed me of Notary Public My Commission Expires: (Stamp with serial number) C:\Users\AlexisCAAppData\Local\Microsoft\Windows\Temporary' Internet Files\Content:OutlooklAL6SOI2RAFFIDAVIT AND SIGN POSTING' . INSTRUCTIONS 5-2-05.doc Packet Page -1858- 1/22/2013 Item 17.A. . 041P -T: • f' NOTICE = N�� PUBLIC ;HEAR_ JNG`I ' 4% I PETITION#s: PUDA-PL20120001105: 1 BUTTONWOOD PRESERVE_RPUD 5 An 10044444 IS'tilt 1taaD et taint,COtr1516t11T at t.u4t WOtl.,ImCID m a41u las yyl OD N_V•/MAN A �;'! 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'Y. 11/15/2012 xr 11 :. ,,7F-'4^7-'.0-' i s 0 e NOTICE PUBLIC HEARING Pt1Til0g*s PJO:1 Pti0:ICaalm S- - _ _ 111/1TOtai901C IRISIR4E BP-Al - - IC t 1't`1 t[1 1.4 a +e... vL• _w.w%.Cx L 't CMG_ -11..... fiL 1� - J 1�•W -.... i^'e` 'k.'-e31 , ° '^2�.... ".`may' •a^,- +y,31�- n„ - _ �•.--c- t i lip,* Packet Page-1859- 1/22/2013 Item 17.A. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, 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 RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT (RPUD) TO A RPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD TO ALLOW UP TO 220 RESIDENTIAL DWELLING UNITS ON PROPERTY ' LOCATED SOUTHEAST OF THE IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY .7 MILES EAST OF COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53.8± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2007-42, THE FORMER BUTTONWOOD PRESERVE RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alexis V. Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing Neal Communities of Southwest Florida, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential Planned Unit Development (RPUD) to a RPUD zoning district, for a project known as the Buttonwood Preserve Planned Unit Development to allow up to 220 residential dwelling units in accordance with the RPUD Documents, attached hereto as Exhibits A through F, all of which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or Buttonwood Preserve RPUD 1 of 2 PUDA-PL20120001105—Rev. 1/11/13 Packet Page -1860- 1/22/2013 Item 17.A. maps, as described in Ordinance Number 04-41, as amended, the Collier County Land e. Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 2007-42, known as the Buttonwood Preserve RPUD, adopted on April 24, 2007 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 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 , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: e,�, Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - List of Allowable Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E- List of Requested Deviations Exhibit F - Development Commitments Project History: Ordinance Number 2007-42 CP112-CPS-01175133 Buttonwood Preserve RPUD 2 of 2 PUDA-PL20120001105—Rev. 1/11/13 Packet Page -1861- 1/22/2013 Item 17.A. EXHIBIT A LIST OF PERMITTED USES BUTTONWOOD PRESERVE RPUD PERMITTED USES: 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: A. Principal Uses and Structures—"Ri"Areas: 1. Single-family detached dwelling units 2. Two-family and duplex dwelling units B. Principal Uses and Structures-"R2"Areas: 1. Single family detached dwelling units 2. Two-family, duplex dwelling units 3. Single family attached dwelling units 3. Multi-family dwellings units Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). C. Residential Accessory,Uses and Structures: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Model homes and model home sales centers including offices for project administration, construction, sales and marketing. 2. Indoor and outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, parks, walking trails and tennis courts limited to use by residents and their guests only. 3. Incidental personal services such as ATM, laundry drop-off, mail kiosk, and other services limited to use by residents only. 4. Accessory uses and structures customarily associated with the principal uses permitted in this district, including but not limited to swimming pools, spas, screen enclosures, carports, garages and utility buildings. 5. Temporary construction, sales, and administrative offices for developers and developers' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Entry Gates,Gatehouses, and access control structures. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities and related structures. 9. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lakes areas. Buttonwood Preserve PUDA-PL2012-1105 Page 1 of 10 Last Revised:December 6,2012 Packet Page -1862- 1/22/2013 Item 17.A. 10. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses until such time that the construction of infrastructure improvements commence in support of the residential development. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals,pursuant to the process outlined in the Land Development Code (LDC). D. Principal Uses and Structures—Preserve Areas: 1. Boardwalks, nature trails, shelters, educational kiosks, and other uses permitted within dedicated preserves by the LDC, as long as clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. E. Development Density A maximum of 220 dwelling units shall be constructed on lands designated "R1" and "R2" on the • RPUD Master Plan.The gross project area is 55±acres and the residential density maximum shall be 4 units per acre. Buttonwood Preserve PUDA-PL2012-1105 Page 2 of 10 Last Revised:December 6,2012 Packet Page -1863- 1/22/2013 Item 17.A. EXHIBIT B DEVELOPMENT STANDARDS BUTTONWOOD PRESERVE RPUD Development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC, Growth Management Plan (GMP) and Code of Laws and Ordinances in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards,then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Buttonwood Preserve 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. Site development standards for single family detached, two-family, duplex, and single family attached dwelling units apply to individual residential lot boundaries. Multi-family standards apply to the parcel boundaries. TABLE I BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Two Family Single Family Multi-family Recreation AND STANDARDS Family and Duplex Attached Detached Minimum Lot Area 5,000 SF 3,500 SF *2 1,400 SF 9,000 SF N/A Minimum Lot N/A Widthi3 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' N/A MINIMUM YARD PRINCIPAL USES Front 20'*6 20'*6 20' *6 20' *6 15' Side 6' 0'and 6' 0'and 6' *4 34 BH 10' Rear 15' 15' 15' 15' 15' Water body *1 20' 20' 20' 20' 20' Preserve 25' 25' 25' 25' 25' MINIMUM YARD ACCESSORY USES Front 20' *6 20' *6 20' *6 20' *6 SPS Side 6' 0'and 6' 0' and 6' *4 1/2 BH SPS Rear 10' 10' 10' 10' SPS Water body *1 20' 20' 20' 20' SPS Preserve 10' 10' 10' 10' 10' Max. Building Height Zoned 35' 35' 45' 45' 35' *7 Actual 40' 40' 50' 50' 40' Buttonwood Preserve PUDA-PL2012-1105 Page 3 of 10 Last Revised:December 6,2012 Packet Page-1864- 1/22/2013 Item 17.A. No. of Stories 2 2 3 3 2 Minimum Distance Between Detached Principal Structures Sum of% BH *5 12' 12' 12' Sum of 1A BH Floor Area Min. 1000 SF 1000 SF 1000 SF 750 SF N/A (S.F.) All distances are in feet unless otherwise noted. SPS=Same as principal structure BH = Building height *1— Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement,with a minimum setback of 20 feet from lake control elevation. *2—each half of a duplex requires a lot area allocation of 3,500 square-feet for a total minimum lot area of 7,000 square feet. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 — Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 — Building distance may be reduced at garage to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *6 — Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. *7—Clock towers or similar architectural features shall be permitted up to 45' zoned height and 50' actual height Buttonwood Preserve PUDA-PL2012-1105 Page 4 of 10 Last Revised:December 6,2012 Packet Page -1865- 1/22/2013 Item 17.A. J:\272.02 Buttonwood Preserve PUDVe,toCA01272,02-01 PUD Mester PlenUtev031272020101-8z11.dwp 1217/2012 8:55:12 AM I �ITI I ! IN'I RSae E43.- mZ X w 1 I 7f �C pJj 9 fl��r�-C��OONCT Ib 1 ( Z vm zmz-p6r � ,s,'c, I ! 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REVISED REVISIONS BUTTONWOOD PRESERVE WALDROP 08/01/12 REVISED PER COUNTY COMMENTS 10/02/12 REVISED PER COUNTY COMMENTS CLIENT:NEAL COMMUNITIES OF I f\ ENGINEERING N 12/06/12 REVISED PER CCPC COMMENTS SOUTHWEST FLORIDA,L.L.C. VV o `_ b 1 PUD MASTER PLAN11.,,� `° IT"C" wtata•_____i_l3..,. b <• ° Ft 1t Y9 isw°aw3,Y,s,rr_,.- =. -Packet Page -1866- 1/22/2013 Item 17.A. EXHIBIT D LEGAL DESCRIPTION BUTTONWOOD PRESERVE RPUD PARCEL I-A: �` I THE WEST 30 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST;AND THE WEST 30 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BOTH LOCATED IN COLLIER COUNTY, FLORIDA. PARCEL I-C: THE NORTH ONE-HALF (1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY. ALSO LESS AND EXCEPT: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID • FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 0 I DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEING A PART OF THE NORTH ONE-HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 01 DEGREES 26'03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Buttonwood Preserve PUDA-PL2012-1105 Page 6 of 10 Last Revised:December 6,2012 Packet Page-1867- 1/22/2013 Item 17.A. PARCEL 4: 1 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST /4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND LESS THE WEST 30 FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 5: TRACT 2, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S)70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6: TRACT I, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S)70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 55+/-ACRES, MORE OR LESS. Buttonwood Preserve PUDA-PL2012-1105 Page 7 of 10 Last Revised:December 6,2012 Packet Page-1868- 1/22/2013 Item 17.A. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC BUTTONWOOD PRESERVE RPUD Deviation No. 1: Deviation from LDC Section 5.03.02.C, which permits a maximum wall/fence height of six(6)feet in residential zoning districts.The requested deviation is to allow for a maximum height of eight (8) feet for a wall/fence or combination wall/fence/berm along the RPUD perimeter property lines. Deviation No. 2: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit for a model home (occupied or unoccupied) and sales center shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes and sales center to remain in use up to six(6)years without requiring a conditional use. Deviation No. 3: Deviation from LDC Section 5.04.04.B.5.c, which provides that a maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation is to allow a maximum of 15 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, they shall be required to inform the County how many model homes are in operation. Deviation No. 4: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height.The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height.The temporary sign will be permitted a maximum of 60 days per calendar year. Deviation No. 5: Deviation from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on-premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Deviation No.6: Deviation from LDC Section 6.06.01.0, which requires a minimum width of 60 feet for cul-de-sac and local street rights-of-way. The requested deviation is to allow for a minimum 50- foot wide right-of-way for private, local streets internal to the proposed development. Buttonwood Preserve PUDA-PL2012-1105 Page 8 of 10 Last Revised:December 6,2012 Packet Page-1869- 1/22/2013 Item 17.A. EXHIBIT F DEVELOPMENT COMMITMENTS BUTTONWOOD PRESERVE RPUD 1. PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 2. 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 Buttonwood Partners, LLC. 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. 3. ENVIRONMENTAL 3.1 The developer shall retain a minimum of 11.6 acres of native vegetation on-site. 3.2 The developer shall provide a Big Cypress Fox Squirrel management plan as part of the first development order submittal. 4. TRANSPORTATION 4.1 Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to issuance of the first certificate of occupancy(CO). 4.2 All internal roads, driveways, alleys, pathways, sidewalks shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. 4.3 A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement, recorded as OR Book 3730, Pages 0876-0893 in the Public Records of Collier County, Florida. Development shall occur consistent with this agreement and/or subsequent developer contribution agreements. Buttonwood Preserve PUDA-PL2012-1105 Page 9 of 10 Last Revised:December 6,2012 Packet Page -1870- .m»�+....,...,,.�..�,-.,,,,,...,.�.»...., ,:,�+.±a-,.�.f....gin,. ... ,.,.. .::. ...., .... ......... ... ._... ,.._.. .. 1/22/2013 Item 17.A. 4.4 The developer agrees to accept the stormwater run-off from the right-of-way for that portion of Tree Farm Road east of the project entrance and treat the run-off within the project's water management system. Thereafter, the County shall allow the developer to convey the public and private treated stormwater run-off within the south side of the Tree Farm Road right-of-way and discharge into the County's Collier Boulevard/CR 951 canal system upon issuance of a road right-of-way permit. Maintenance of this conveyance system will be shared with the developer his successor and or assigns on a prorated basis using the percentage of stormwater that is private compared to public. 4.5 The owner shall provide all future property owners within the PUD access to property within the PUD until re-platting occurs and alternate access is provided to all such property owners. 5. PLANNING The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. In addition, from the eastern terminus of the wall,the Developer shall install a 6'- 8' high black vinyl chain link fence or wall east along the remaining southerly project boundary, then north along the eastern property line for a distance to a point approximately 800' north of the project boundary. The wall and fence may be installed on berm. The approximate location of each wall/fence section is labeled on the RPUD Conceptual Master Plan, Exhibit C. The developer, or its successors or assigns shall construct a fence or wall along the southwest corner of the project as shown on the RPUD conceptual Master Plan, Exhibit C. Buttonwood Preserve PUDA-PL2012-1105 Page 10 of 10 Last Revised:December 6,2012 Packet Page -1871- 1/22/2013 Item 17.A. 18D D Saturday, January 5,2013 )) NAPLES DAILY NEWS NOTICE OF MEETING • NOTICE OF MEETING • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, January 22, 2013, in the.Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Ta- miami Trail, Naples, Florida, the Board of County Commissioners 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: ORDINANCE AN OF COLLIER FLORIDA,AMENDING ORDINANCE N 2004-41 2004-41, MENDED, COUNTY, THE COWER 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 DEVELOPMENT DESCRIBED REAL PROPERTY A RESIDEIAL ZONING DISTRICT(RPUD)OFA RPUD ZONING DISTRICT, FOR AN PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD TO ALLOW UP TO 220 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED SOUTHEAST OF THE IMMOKALEE ROAD (CR 846)AND COLLIER BOULEVARD(CR 951)INTERSECTION ON TREE FARM ROAD APPROXIMATELY .7 MILES EAST OF COLLIER BOULEVARD IN SECTION 35, 1 TOWNSHIP 48 SOUTH, RANGE 26 EAST,COWER COUNTY, FLORIDA, CONSISTING OF 53.8+/-ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2007-42, THE FORMER BUTTONWOOD PRESERVE RPUD;AND BY PROVIDING AN EFFECTIVE DATE A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed., Individual speakers will be limited to 3 minutes on any item. The selection of an 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. 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 material used in presentatiOns before the Board will become a permanent part of the record. • Any person who decides to appeal a 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, Building W,.Naples, Florida 34112, (239)"252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA • GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By Martha Vergara,Deputy Clerk • (SEAL) January 5.2013' No 1973350 • • Packet Page -1872-