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Agenda 05/13/2013 Item #11D5/14/2013 11. D. EXECUTIVE SUMMARY Recommendation to review the history and public benefit associated with the proposed Whippoorwill Lane and Marbella Lakes Drive connection project, consider current comments from the public and after consideration, provide direction to the County Manager prior to soliciting an invitation to bid for this project. OBJECTIVE: To reaffirm Board direction to proceed with the construction of a public road connecting Pine Ridge Road via Whippoorwill Lane to Livingston Road via Marbella Lakes Drive (the Project) consistent with the approved Long Range Transportation Plan (LRTP) and as approved in the FY 2013 budget. CONSIDERATIONS: The County's urban transportation needs are primarily serviced through a grid network of six lane arterials with minimal connectivity between individual developments and the lack of a local road network. A majority of our urban arterials have achieved their maximum foot print. Additional significant capacity will require grade separation (over passes) which is considerably more expensive and demands a much larger right of way footprint. Interconnecting existing developments and encouraging local roads will extend the life of the arterial grid. Local roads that establish connectivity provide the following primary benefits: • Improves safety: In the event of emergencies, local roads provide alternative travel paths, reduce response times and allow for the bypass of accident locations without significant reroutes. • Reduces travel time: By eliminating circuitous routes and improving connectivity the end user recaptures time on an ongoing basis. • Reduces miles traveled: The connectivity achieved through local roads reduces total miles traveled, fuel consumption and the associated Greenhouse Gas emissions. • Increases the longevity of the arterial grid: Arterial roads, especially at intersections that are serviced by local roads, see a reduction in single through trips and the return trips associated with access restrictions due to the proximity to the intersection. The Project has been contemplated for over 10 years with the goal of master planning the area in order to manage utilities, traffic and provide surety to the development community. The Project history includes the following milestones: • The entire Whippoorwill Lane Corridor Study area comprises approximately 578± acres of varying ownership and zoning designations and was adopted by the Board on July 30, 2002. (attached) • Ordinance 03 -23 adopting the Livingston Village PUD contemplated the public roadway connection from Livingston Road to the east and specifically mentions Whippoorwill Lane (attached). • The 2030 and 2035 LRTPs adopt the Green Boulevard Extension and the Whippoorwill connection on the Needs Plan (attached). • In 2006 the Board acknowledged the importance of this connection and approved the original developer agreement with Tousa Homes, Inc. that authorized the construction of the Project. The agreement was recorded in OR bk 4124 pg 2172 (attached). Packet Page -474- 5/14/2013 11. D. • In 2006, the Board also approved a rezone known as Cayo Whippoorwill through Ordinance 06 -61 (attached). Recognizing the need for the connection and having continued concerns over congestion, the Board approved the rezone with the following conditions: • "The developer, or its successors and assigns, shall pay to Collier County the proportionate fair share of the Whippoorwill Lane to Livingston Road extension and the Pine Ridge Road and Whippoorwill Lane signalization costs as those amounts are determined by Collier County Transportation staff. Payments shall be rendered in accordance with the regulations in effect at the time or as determined by Collier County Transportation staff. " • "Certificates of Occupanczshall not be issued until the roadway connection from Whippoorwill Lane to Livingston Road isle operational." • In 2009 the original DCA with Tousa Homes, Inc. was modified to reflect the changes associated with a bankruptcy, new ownership and amended terms. The County took possession of all of the plans and permits and deferred the construction until it could be financed as a county project. The amended agreement was approved by the Board in 2009 and is recorded in OR bk 4456 pg 2209 (attached). In order to further maintain the integrity of the Project, the county required the developer to notify all future buyers of the Project and relinquish claims to noise mitigation. The master concept plan (attached) during the sales phase of the development identified the future public road and sales contract (attached) and contained the following language: o "In that regard, Purchaser further acknowledges and agrees that Collier County may extend the portion of Green Boulevard (a/k/a Whippoorwill Way) adjacent to and fronting the northern boundary easterly along and to the north of the Community and connect it to the portion of Green Boulevard on the east side of Interstate 7� with a fly -over over Interstate 75. " A public meeting was held on January 281h of 2013 to notify the residents of the upcoming project and to solicit comments on the design. A large contingent of attendees expressed concerns over the new traffic pattern, safety, crime and the overall need. Where a significant portion of the attendees were from Marbella Lakes, staff had another follow up meeting in their community on February 19th. At this meeting, the Marbella board members and the community residents treated staff with the utmost respect and appreciation. They remained opposed to the project but noted that if it should move forward, they would like the county to consider the following modifications to the Project: 1. Signalization at Livingston Road included in the Project. Staff has no objection. 2. Traffic calming included in the Project and crime prevention. Staff will work with the Sherriff s office to enforce speed and awareness. Staff is not recommending traffic calming at this time. 3. Turn lanes at the Marbella development entrance. Staff is proposing to include both left and right turn lanes with the project. 4. The acceptance of the lighting system along the Marbella frontage. The lighting system is not to county standards or specifications. Staff is not recommending acceptance of the lights. Packet Page -475- 5/14/2013 11. D. Originally, this item was scheduled on the March 12th agenda; however, the community asked to meet with staff for further discussion and in response, staff deferred this item and agreed to hold two additional public meetings. Staff also hired Stantec Consulting Services, Inc. to evaluate the project from a traffic modeling perspective (see the Transportation Analysis Report attached). The first of the two additional public meetings was held on April 11, 2013. Staff presented the original analysis and the reasons for recommending the project. This was followed by a comment period where staff responded to individual questions and additional comments were collected. The second public meeting was held on April 30th. Staff presented a condensed version of the original presentation, the outcome of the Stantec analysis and a representative of the Sherriff's office covered traffic enforcement and crime prevention. Stantec reviewed all aspects of the project, concurred it was a benefit and recommended moving forward with construction. The Marbella Lakes residents generally oppose the project and requested that we attach a copy of their concerns and a PowerPoint presentation prepared by the Home Owner's Association. Please see attachments # 11 and # 12. FISCAL IMPACT: The construction cost estimate for the Project including signalization and turn lanes is estimated to be less than $1,500,000. The annual estimated energy cost of the ten existing street lights is $1,800. Estimated annual maintenance cost of the project per the plans is $4,300. GROWTH MANAGEMENT: This Agreement is consistent with the Growth Management Plan and the construction of this roadway is consistent with the LRTP. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. No legal issues are raised should the Board approve Staff s recommendation, with or without the modifications. Should the Board wish to consider terminating this project, the County Attorney requests that the item be continued to another meeting, as substantial collateral issues would need to be addressed. This item requires majority support for approval. -JAK RECOMMENDATION: That the Board directs the County Manager to move forward with the Project with modifications to the design and public awareness initiatives that include the following: 1. signalization at Livingston Road; 2. turn lanes at the Marbella development entrance; 3. and a coordinated traffic enforcement and crime prevention awareness program with the Collier County Sherriff's office. Prepared by: Nick Casalanguida, Administrator, Growth Management Division Attachments: 1) Whippoorwill Corridor Study; 2) Ordinance 03 -23; 3) 2030 LRTP; 4) 2035 LRTP; 5) Tousa DCA; 6) Ordinance 06 -61; 7) Amended DCA; 8) Marbella Lakes Sales Master Site Plan; 9) Green Boulevard Extension language; 10) Power Point Presentation; 11) Marbella Lakes Resident's Issues; 12) Marbella Lakes HOA PowerPoint Presentation 13) Stantec Transportation Analysis Report. Packet Page -476- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. 5/14/2013 11. D. Item Summary: Recommendation to review the history and public benefit associated with the proposed Whippoorwill Lane and Marbella Lakes Drive connection project, consider current comments from the public and after consideration, provide direction to the County Manager or his designee prior to soliciting an invitation to bid for this project. (Nick Casalanguida, Growth Management Administrator) Meeting Date: 5/14/2013 Prepared By Name: BeardLaurie Title: Planner,Transportation Planning 4/16/2013 2:23:05 PM Submitted by Title: Deputy Administrator - GMD,Business Management & B Name: CasalanguidaNick 4/16/2013 2:23:08 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/16/2013 4:25:45 PM Name: LynchDiane Title: Administrative Assistant Date: 5/3/2013 2:58:33 PM Name: KlatzkowJeff Title: County Attorney Date: 5/3/2013 3:25:57 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Packet Page -477- Date: 5/4/2013 1:09:52 PM Name: OchsLeo Title: County Manager Date: 5/5/2013 11:47:34 AM Packet Page -478- 5/14/2013 11. D. ORDINANCE NO.03- __23 ---- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -1025 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICHF- INCLUDES THE COMPREHENSIVE ZONING REGULATIONS, D FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,;; FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP`-'' NUMBERED 9619N; BY CHANGING THE ZONING`•-`:, CLASSIFICATION OF THE HEREIN DESCRIBED REAL,PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD'�ix y PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTOl�r,., VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTO�i.•l'"" SEECTION R1.9,8TOWN HIP 9FSOUTH,ERANGE 6CEAS , COLLIER COUNTY, COUNTY, FLORIDA, CONSISTING OF 148.98± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 5/14/2013 11.D. N G'% + C3 0 WHEREAS, Michael Fernandez, AICP, Planning Development, Incorporated, representing Marian H. Gerace and Wallace L. Lewis, Jr., 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 19, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of MQGJ ,2003. i ATTEST--', - e D� WIGH'i� &'BROCK, CLERK tklgl>Ial�'f o�ty. Approved as to Form and Legal Sufficiency Marjorie tudent Assistant County Attorney PUM- 2002- AR- 3095/RBno BOARD OF COUNTY COMMISSIONERS COLLIER CO , FLOR A BY: • TOM HENNING, CHAIRMAN Ir Packet Page -479- This ordinance filed with the Secretory of State's Offices the dal, of and poknawledgement of that fill ra waved thi _� day of �" CeautY Clerk 5/14/2013 11. D. EXHIBIT A LIVINGSTON VILLAGE I''3 PLANNED UNIT DEVELOPMENT PREPARED FOR: Marian H. Gerace and Wallace L. Lewis, Jr. c/o Steven A. Landy, Esq. Greenberg Traurig Attorneys at Law 1221 Brickell Avenue Miami, Florida 33131 PREPARED BY: PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP 5133 CASTEL.LO DRIVE SUITE 2 NAPLES, FLORIDA 34103 239 / 263 -6934 / 263 -6981 FAX PDI MRF 0 AOL.COM DATE FILED: July 12.2002 DOCUMENT DATE: May 15, 2003 DATE REVIEWED BY CCPC: April 17, 2003 DATE APPROVED BY BCC: May 13 2003 ORDINANCE NUMBER: 03-2.3 Packet Page -480- 5/14/2013 11. D. ii TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL DISTRICT 3 -1 SECTION IV RECREATION DISTRICT 4 -1 EXHIBITS EXHIBIT A LIVINGSTON VILLAGE PUD MASTER PLAN Packet Page -481- 5/14/2013 11.D. iii STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Wallace L. Lewis and Marian H. Gerace, hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 149± acres of land located in Section 19, Township 49 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Livingston Village. The development of Livingston Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Livingston Village is compatible with adjacent land uses as required in Policy 5.4 of the FLUE through the internal arrangement of land uses, the placement of vegetative buffers, and the proposed development standards contained herein. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the FLUE and therefore is eligible for the base density of four units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 3.9 units per acre which is less than the maximum density provided by the Density Rating System contained in the FLUE and therefore is consistent with the FLUE, Policy 5.1. k SHORT TITLE This ordinance shall be known and cited as the "LIVINGSTON VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE ". Packet Page -482- 5/14/2013 11. D. 1 -1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Livingston Village PUD, and to describe the existing condition of the property proposed to be developed. The Livingston Village PUD is located within Collier County. 1.2 LEGAL DESCRIPTION The subject property being: A part of the North '/2 of the North Y2 of Section 19, Township 49 South, Range 26 East, less and excepting Interstate 75 Right -of -Way located in Collier County, Florida Beginning at the Northwest comer of said Section 19; thence along the north line of said Section, South 89 037'04" East 4886.95 feet to the west right -of -way of Interstate 75; thence along said right -of -way South 0007'55" West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20 -21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 3943, North 89 036'39 "West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00 033'56" East 1326.30 feet to the Point of Beginning; 'Subject to easements and restrictions of record. Containing 148.98 acres more or less. Bearings are based on the north line of the Wyndemere community being North 89 036'39" West. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Wallace L. Lewis, Jr. and Marian H. Gerace, hereinafter jointly called "applicant or developer". Packet Page -483- 5/14/2013 11. D. ' 1 -2 1.4 GENERAL DESCRIPTION OF PROPERTY A. The total site area is 149* acres and is located immediately north of the Wyndemere residential community along Livingston Road and extends eastward to the right -of -way of Interstate 75. This parcel is located within Section 19, Township 49 South, Range 26 East, Collier County, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. k 7 Packet Page -484- SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 5/14/2013 11. D. 2 -] The purpose of this Section is to generally describe the plan of development for the Livingston Village PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Livingston Village has an area of 1491 acres and shall consist of a maximum of 590 residential units developed as a mixture of single and multi - family residences in a community of individual residential tracts, and shared open space features. The project's primary access shall be from Livingston Road via an entry drive or public road located along the northerly property line of the subject property. A secondary access from Livingston Road shall be located approximately 660 feet north of the property's southerly boundary. The Livingston Village PUD Master Plan is illustrated graphically on Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Livingston Village PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Unless modified, waived or excepted by this PUD Document, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. Packet Page -485- 5/14/2013 11. D. 2 -2 E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.2.4. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. 2.4 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during the preliminary subdivision plat approval process. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all internal project roadways in accordance with the standards established herein and applicable provisions of the Land Development Code. Roadways within the Livingston Village PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: A. LDC Sections 3.2.8.3.19: Street name signs shall be approved by the Engineering or Transportation Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street Pavement painting, street striping, and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be waived and no minimum shall be required. F. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right -of -way width shall be no less than 50 feet. D. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul -de -sac streets shall be waived. The maximum length shall be 1,400 feet unless extended upon review and approval of the Fire District. E. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. F. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. G. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non -paved areas of the right -of -way shall be waived to allow the installation of decorative planters and alternative ground cover. Packet Page -486- 5/14/2013 11. D. 2 -3 H. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be substituted upon submittal of the necessary data to support the substitution at the time of development plan submittal and approval of the Engineering Services Director. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Livingston Village Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. C. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 of the LDC. D. Lake Setbacks Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: 1. Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross - sections, and need for barriers. 2. With the exception of the Collier County drainage easement along the project's south property line, lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Livingston Village PUD. E. Blasting may be utilized in the excavation process provided that such use is located a minimum of 350 feet from off -site structures and provided such excavations meet the setback requirements and other provisions of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 MODEL HOMES /SALES CENTERS /SALES OFFICES /CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers (related to the promotion and sales for the development such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs) shall be permitted principal uses throughout the Livingston Village PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the LDC. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each Packet Page -487- 5/14/2013 11. D. 2 -4 subdivision phase. The model home /sale centers temporary use permits shall be valid for five years. An annual extension of this temporary use may be permitted with the review and approval of the Planning Services Director. These uses may be either wet or dry facilities. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable water, existing lakes or irrigation wells for irrigation. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Livingston Village PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Livingston Village PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Livingston Village PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preservation area. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association or other similar entity whose function shall include provision for the perpetual care and maintenance of all common facilities and open space subject further to the provision of the LDC, Section 2.2.20.3.8. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Livingston Village PUD. The following standards shall apply: Packet Page -488- 5/14/2013 11. D. 2 -5 A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Structural walled berms — vertical and located at the rear of a required landscape buffer B. The maximum height of the berm adjacent to 1 -75 is 22 feet, as measured from existing grade. A landscape berm adjacent to 1 -75 shall be as required in Section 2.4.4.18.1 of the LDC. C. The maximum height of any combination of perimeter landscape berm, fence or wall adjacent to 1 -75 is an eight foot wall or fence on top of a 22 foot berm measured from the highest crown elevation of 1 -75. D. The maximum height of all other fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.12 of this Document, and shall be governed by the height limitations for principal structures of the internal land use designation in which they are located. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. F. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Livingston Village PUD prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. G. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a 5 foot setback from development boundaries where adjacent to a public right -of -way and a 2 foot setback from all other land uses. H. Fences or walls may be placed zero feet from the internal right -of -way provided that shrubs are provided in the right -of -way and may be located five feet from project perimeter, subject to review and approval by the Transportation Division at time of SDP review. 1. In the case of access control structures within rights - of-way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. Packet Page -489- 5/14/2013 11. D. W, J. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements, in accordance with Subsection 2.4.7.3 of the Land Development Code. K. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be installed prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive spacing of one per lot or one per 50 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 10 -foot height at installation. Street trees shall be located within 10 feet of the edge of pavement and between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 6 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Street Tree Master Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements and other applicable Code provisions. 2.10 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a temporary principal use throughout the Livingston Village PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: ` 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with LDC Division 3.7 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Livingston Village PUD except in the Preserve District. General permitted uses include earth mining, rock crushing and excavation operations, which are directly related to and necessary for onsite development, and those uses which generally serve the residents of the Livingston Village PUD and are typically part of the common infrastructure or are considered community .dg facilities. Packet Page -490- 5/14/2013 11. D. 2 -7 A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. Temporary construction, sales, and administrative offices for the developer and developers authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape / hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.9 of this PUD and the Land Development Code. 9. Fill storage, site filling and grading are subject to the standards set forth in Section 2.10 of this PUD. 10. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards 41 shall apply to General Permitted Uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback except that access control structures shall have a setback of 100 feet from public right -of -way external to the project. 2. Other general permitted uses shall be set back a minimum of five feet from property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping — five feet 4. Minimum distance between unrelated structures — ten feet 5. Maximum height of buildings — 35 feet 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. Packet Page -491- 5/14/2013 11. D. 2 -8 B. Sidewalks and bikepaths may occur within County required buffers, in accordance with Subsection 2.4.7.3 of the Land Development Code. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Livingston Village PUD are to be in accordance with the LDC provision in effect at the time of site development plan, subdivision plat or building permit application, as may be applicable. 2.13 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS There are approximately 14.6 acres of native vegetation currently on site. Per Section 3.9.5.5.3 of the LDC, twenty -five percent of the native vegetation (3.7 acres) is required to be retained on -site. The four acres of preserve areas within the drainage easement on site shall fully satisfy the LDC requirement and Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 2.15 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, yvith emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Department review staff prior to final plat/construction plan approval. A schedule for exotic removal within the preservation areas shall be submitted with the above - mentioned plan. 2.16 'AGRICULTURAL ACTIVITIES The site has been used and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use until such time as residential development has commenced. 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of permit approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County owned right -of -way, a right -of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. Packet Page -492- 5/14/2013 11. D. 2 -9 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers /easements. B. Residential Project Entrance Signs 1. Entrance signs may be located at each side of each entrance to the project and may be one, two or three - sided. A maximum of two 1- sided, one 2- sided, or one 3 -sided entrance signs may be permitted at each entrance. 2. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from any rights -of -way and any perimeter property line shall be five feet. 4. Entrance signs may be lighted provided all lights are directed at the sign or are shielded. 5. Entrance signs may not exceed a height of 15 feet above the finished ground level of the sign site. For the purpose of this Section, finished ground level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. 6. The southeast corner of the intersection of Livingston Road and the entry drive at the project's northern property line (or the Green Boulevard Extension public roadway), shall be considered a residential project access and may be improved with residential project entrance signage. C. Interstate 75 Sign A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the development and /or the insignia and shall not contain promotional or sales material. The ground sign shall be compatible architecturally with the unified theme of the PUD. Such ground sign shall not exceed 200 square feet and shall have a maximum height of 20 feet. Sign area shall not include landscaped and architectural enhancements and treatments. D. Internal Signs in the Residential Districts 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights -of -way may be zero feet. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Livingston Village PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. Packet Page -493- 5/14/2013 11.D. 2 -10 2. Residential directional or identification signs may be allowed internal to the subdivisions. Such signs may be used to identify the location of or direction to approved uses such as models or model sales centers, clubhouse, and recreational areas. Individual signs may be a maximum of four square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of eight feet. No building permit is required, unless such signs are combined to form a menu board. E. Directional /identification Signs Directional or identification signs may be allowed internal to the Livingston Village PUD. Such signs may be used to identify the location of or direction to approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of six square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. F. Real Estate Signs The developer may locate real estate signs within the project. The signs shall have a maximum size of six square feet per side. Such signs may advertise "For Sale ", "Sold To ", or "Lot W. No building permit is required. G. Temporary Signs 1. Temporary signs may be permitted and may consist of the following types: project identification, real estate, sales center identification, and directional. 2. All other temporary signs may not exceed 32 square feet in area. If the sign is two- sided, each sign face may not exceed 32 square feet in area. 3. The setback for temporary signs from internal rights -of -way shall be five feet. 4. Temporary signs may not exceed 10 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the issuance of the certificate of occupancy for the 442nd residential unit. 6. Special Event Signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet from any property line. No building permit is required. 7. Grand Opening Signs: Packet Page -494- 5/14/2013 11.D. 2-11 The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. A banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months of opening for business. 8. No building permit is required for temporary signs as listed above. 9. No temporary signs shall be visible from the 1 -75 Right -of -Way. H. Construction Entrance Signs Two "construction ahead" signs may be located ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. Traffic Signs Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 2.18 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.19 UTILITIES A. 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 Collier County Ordinance 97 -17, as amended, except as may be provided in Section 2.8 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.8 of this Document. C. Temporary construction and /or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable or irrigation wells. D. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks /paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalk/paths, or Packet Page -495- 5/14/2013 11.D. 2 -12 modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.20 TRANSPORTATION The development of this PUD shall be subject to and governed by the following stipulations. A. All traffic control devices and design criteria used shall be in accordance with the applicable standards of the LDC and applicable standards of the Florida Department of Transportation (FDOT) unless otherwise addressed within this PUD document. B. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. Site related improvements will not be considered for impact fee credits. D. Road Impact Fees will be paid in accordance with the appropriate Collier County Ordinances, as amended. E. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. F. Sidewalks and bicycle travel ways shall be designed consistent with the applicable LDC provisions. G. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for their "fair share" of the cost of any and all traffic signal(s), at any and all development entrances(s), when determined warranted and approved by Collier County Transportation Staff. The developer shall be eligible for impact fee credits for expenditures above its fair share contribution. When warranted, upon the completion of the installation, inspection, bum -in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Staff. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developers) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage / impact. Packet Page -496- 5/14/2013 11. D. 2 -13 H. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) as required by the LDC or other applicable ordinance prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and /or right turn lane(s), are required, right -of -way and /or compensating right -of- way, shall be provided when required by applicable provisions of the LDC in conjunction with said improvement(s). All work within Collier County right -of -way shall meet the requirements of Collier County Ordinance No. 93 -64, as amended. J. All internal access(as), drive aisle(s), and sidewalk(s), not located within County right -of -way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). K. If a gate is proposed at any and/or all development entrance(s) they shall be designed to provide a minimum depth of 100 feet to the development key pad /phone box and turn- around area in front of any and /or all such gate(s). L. The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road and /or the future east -west extension from Whippoorwill Lane to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid- section line of Section 18, approximately 4.5 acres ( "Western Roadway Reservation Area "), and the northernmost 100 feet width between the mid- section line of Section 18 and I- 75, approximately 5.3 acres ( "Eastern Roadway Reservation Area "). This reservation is made, in part, to accommodate a potential alignment of the potential westward extension of Green Boulevard for which an alignment study is scheduled to be undertaken between the years 2003 and 2004. Any request for dedication of said reservation which is limited to support the east - west extension of Whippoorwill Lane, or any request for dedication of the Western Roadway Reservation Area only, shall require prior listing of this roadway segment on the County's current and funded five -year Capital Improvement Schedule adopted as part of the Growth Management Plan. Any request for dedication of said reservation area which is limited to support the east -west extension of Whippoorwill Lane shall be limited to the Western Roadway Reservation Area only. This reservation shall expire January 15, 2006. Prior to January 15, 2006, the developer agrees to dedicate said reservation area to the County upon receipt of the County's request, and upon satisfaction of the above with respect to the Packet Page -497- k 5/14/2013 11. D. 2 -14 Western Roadway Reservation Area, if applicable. The Western Roadway Reservation Area shall be provided to the County without compensation and as required by Subsection 2.2.20.3.7 of the LDC. A dedication of the Eastern Roadway Reservation Area shall be in exchange for road impact fee credits equal to the fair market value of the property dedicated to the County and as required by Subsection 2.2.20.3.7 of the LDC. In the event that the developer has completed the project and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. In the event that impact fee credits are not available for use to acquire the reserved area, then compensation shall be made in cash. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as improvements in the evaluation of the land's value nor shall the project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed terminated as provided below. For example, improvements within the reserved area shall be in addition to the required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows the Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. The developer further reserves the right to utilize the area reserved to the County for a project access driveway extending to a project entry which is proposed to be located approximately one - quarter mile east of Livingston Road. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. In the event the driveway improvements are commenced prior to the termination for the reservation of the Western Roadway Reservation Area, or after the County's acquisition of either Reservation Area, the Developer shall construct the improvements consistent with the design standards of 2 -lanes of the proposed 4 -lane Green Boulevard Extension urban cross section or an approved cross section for Whippoorwill Lane, as may applicable, or any other alternative design cross section and associated standards acceptable to the Collier County Transportation Department. The Developer shall not be entitled to road impact fee credits for these driveway improvements. Should the County not elect to request the dedication of the reservation lands prior to the above date, then the reservation will be deemed terminated and the Packet Page -498- 5/14/2013 11. D. 2 -15 encumbered acreage shall be released and may be incorporated into the project as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Development Code. 2.21 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.22 MONITORING REPORT AND SUNSET PROVISIONS A. The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.23 INTERSTATE 75 BUFFER REQUIREMENTS The landscape buffer to Interstate 1 -75 right -of -way shall have a minimum width of 20 feet measured from the existing eastern property line of the subject property. This buffer Shall minimally meet the landscape installation requirements for Type D buffer as provided in the LDC. Additionally, the buffer improvements shall be designed to have an overall height of 25 feet at installation, as measured from the adjacent right -of -way grade. This height shall be achieved by the use of one or more of the following elements: trees, berm and wall. The maximum height of any wall element shall be eight feet and shall be screened on both sides by a hedge or County approved landscaping equivalent with a minimum height at installation of one -half the height of the wall. Said hedge or landscaping equivalent shall be maintained at a minimum height of 6 feet and must achieve this height within 2 years of the-initial installation. Any wall or berm component use shall be consistent with development standards of this PUD or if not addressed, the applicable LDC development standard. Should a wall component be utilized, one -half of the required trees shall be installed on each side of the wall and the required trees shall be evenly spaced. Landscape improvements that exceed the minimum development standards of this PUD Packet Page -499- 5/14/2013 11. D. 2 -16 Section shall be located at the discretion of the developer and need not comply with native species, palm restrictions, or minimum dimensional requirements of the LDC. Minimum standards for the spacing of the required trees required to reach the installation design height of 25 feet shall be 15 feet for palms. Should palms be utilized, then said palms shall be complimented by a mid -story installation of shade trees with a minimum spacing of 1 shade tree per 30 linear feet and an overall height at installation of 14 feet. Packet Page -500- SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE 5/14/2013 11. D. 3 -1 The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "R1" and "R2 ". 3.2 MAXIMUM NUMBER OF DWELLING UNITS The number of dwelling units to be built in Livingston Village pursuant to this PUD will not exceed 590. 3.3 GENERAL DESCRIPTION Areas designated as "R1" and "R2" on the Livingston Village PUD Master Plan are designed to accommodate a range of residential dwelling types, compatible accessory uses, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1 ", and "R2" Districts is indicated on the Livingston Village PUD Master Plan. This acreage is based on conceptual design and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES - "R1" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse, two- family and duplex dwellings. 3. Zero lot line dwellings. 4. Model homes, sales centers including administrative offices and construction offices. 5. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such a use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, and other facilities intended for outdoor recreation, project maintenance facilities, guest Packet Page -501- 5/14/2013 11. D. 3 -2 houses, boat docks (for residents of the project and their guests), garages, pools and other recreational facilities. 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein by Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES - "1112" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R1" District herein. 2. Multi- family dwellings. B. Accessory Uses: 1. Accessory uses and structures customary associated with principal uses permitted in this District, including gazebos, pedestrian and bicycle paths, swimming pools, garages, pools and other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.6 DEVELOPMENT STANDARDS A. Table 3 -1 sets forth the development standards for land uses within the "R1" and k "R2" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 3 -1 shall be established during site development plan approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district allowing uses most similar to the proposed use. F. Attached or detached residences which include bedroom suites accessed from a courtyard and not the main house are permitted providing that: Packet Page -502- 5/14/2013 11. D. 3 -3 1. The bedroom suite structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance from the street of being one single - family residence and elevation; 2. The bedroom suite structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The bedroom suite structure shall not contain the residence's primary cooking facilities. Packet Page -503- 5/14/2013 11. D. 3 -4 TABLE 3 -1 DEVELOPMENT STANDARDS FOR THE "R1 and 112" RESIDENTIAL DISTRICT 1 Front yards are measured from the back of curb or edge of pavement (it not curbea). 2. Where adjacent to a lake or open space feature, setback is reduced to zero-feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. Zero feet (0') or a minimum of six feet (6) on either side except that where zero foot (0') is utilized, the opposite side of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is ten -feet (10). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side yard setback and such improvement(s) will prohibit access to the rear yard for maintenance purposes, then an appropriate access easement with a minimum width of 3 feet shall be provided. 5. Minimum lot width may be reduced by 29% for cul- de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7. Guest houses or bedroom suites are subject to setbacks requirements for principal structures 8. Accessory pool enclosure/screen lanai setback may be reduced to zero feet (0) when attached to common privacy wall. 9. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to zero feet (0). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principal residence and a quest house shall have a minimum lot area equal to 1'/2 times the minimum lot area requirement of the principal use. 13. Limited to a maximum of three (3) habitable stories. Packet Page -504- SINGLE ZERO LOT TWO SINGLE FAMILY MULTI FAMILY LINE FAMILY & ATTACHED & FAMILY DETACHED DUPLEX TOWNHOUSE DWELLINGS Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 2,000 sq. ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 20 ft. 60 ft. Principal & 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Accessory Side Entry Front Yard Garage 10 ft. loft, loft. 10 ft. loft. Front 1Setback"" Porches Garage or Carport on n/a n/a n/a n/a 0 ft. Parking Lot Accesswa Rear Yard Principal loft. loft. loft. loft. loft. x, 6, Setback 7.11 Accessory 5 ft. 5 ft. 5 ft. 5 ft. loft. Side Yard Setback Principal & Accessory 6 ft. 0 ft or 6 ft. 0 ft or 6 ft. 0 ft or 6 ft. loft. 2,4,7,8,9,10 Maximum Height 3,13 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. Minimum Distance Between 10 ft. 10 ft. loft. loft. 20 ft. Principal Structures Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. Setback from Preserve — 25 ft 25 ft. 25 ft. 25 ft. 25 ft. Principal Structures Setback from Preserve — loft. loft. loft. loft. loft. Accessory Structures 1 Front yards are measured from the back of curb or edge of pavement (it not curbea). 2. Where adjacent to a lake or open space feature, setback is reduced to zero-feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. Zero feet (0') or a minimum of six feet (6) on either side except that where zero foot (0') is utilized, the opposite side of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is ten -feet (10). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side yard setback and such improvement(s) will prohibit access to the rear yard for maintenance purposes, then an appropriate access easement with a minimum width of 3 feet shall be provided. 5. Minimum lot width may be reduced by 29% for cul- de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7. Guest houses or bedroom suites are subject to setbacks requirements for principal structures 8. Accessory pool enclosure/screen lanai setback may be reduced to zero feet (0) when attached to common privacy wall. 9. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to zero feet (0). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principal residence and a quest house shall have a minimum lot area equal to 1'/2 times the minimum lot area requirement of the principal use. 13. Limited to a maximum of three (3) habitable stories. Packet Page -504- SECTION IV RECREATION DISTRICT 4A PURPOSE 5/14/2013 11.D. 4 -1 The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "REC ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation District is indicated on the Livingston Village PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Tract is designed to accommodate customary recreational and amenity uses for a planned residential community. Depiction of the Recreational land use on the PUD Master Plan does not obligate Developer to designate a recreational land use for this acreage and this area may be developed with R1 or R2 District land uses. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Community and recreational uses and facilities such as clubhouse and similar facilities that serve as an integral part of a residential development. 2. Shuffleboard courts, tennis courts, swimming pools, children's playgrounds and other facilities intended for outdoor recreation. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation District. 5. Utility, water management and rights -of- way /access easements. 6. Lakes and water management facilities. 7. Land use and /or landscape buffers, which may or may not be easements, depending on the buffer use. 8. Lake excavations as permitted by Division 3.5 of the LDC. B. Accessory Uses: 1. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. Packet Page -505- 5/14/2013 11. D. 4 -2 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 10 feet from "REC" District boundaries and private roads, and 25 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. In no instance shall any structure encroach into a required landscape buffer. 0 1. Accessory structures shall be set back a minimum of five feet from "REC" District boundaries and private roads, and 20 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. 2. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 3. Maximum height of buildings — 35 feet. 4. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping —10 feet. 5. Minimum distance between all other principal structures — 15 feet. 6. Minimum distance between all other accessory structures —10 feet. 7. Minimum floor area - None required. 8. Minimum lot or parcel area - None required. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. Packet Page -506- k 0 VOWOU ' V. 1191RX17 NV7d H.USVM Und r r r r r G qr a! 3 ?WBLL m w;« 2 Q w 0 w ul w wwa�� o �aa as r n tu W mi Q B S J gol®ua 0 - Afl;+ H�ay8�' Z J iSW�Tj�R�i LLI �o= LU 0 !ld 3DY77IA NOLMMIAT7 a� 11 —,a... w �.�. �.. 5/14/2013 11.D. COM YO18074 STIdVH 'd Ulflb 3,1180 C sca�waur3+ rxawnmw- saaelvasasuaimw�ix�on�o g a O31WHOdH0ONI.LN3WdO73A30 JNINNb'7d i 9 s E~ A Packet Page -507- W z� aQ � J °C z " � z =o- x�? W � J 9 R! B 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the 5/14/2013 11.D. A G o r- m ° ..` —WWI •ry. �.. _� remY t!+ O tT �4 Q ro cr, N O'A'S O Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -23 Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of May, 2003. s� DWIGHT E. BROOK Clerk of Courts, and Clerk Ex- officio to Board -bf County Commissioners By: Marie Clos, Deputy Clerk Packet Page -508- Figure 10-2 Collier county 2030 Highway Needs Plan 5/14/2013 1 1.D. BONITA BEACH `. RD v p Lee County a O __ p Collier County G a m to , VETERANS tr W MEMORIAL n OIL WELL RD ._ Z,4' 0 IMMOKALEE RD RANDALL BLVD y a (1VANUMERBILT c m 1 TS SEA RD fl . GS J - vl H GOLDEN GATE BLVD r W W J J y {� P1 IE RIDGE RD F in > 9 fi GREEN BLVD 1 to ry w p rL }� a O GOLDEN- GATE i PKW } 'G WILSON BLVD £HT � {'RAdtO RD i -75 - - -- Z G 1, DAVIS BLVD y to . SR�2 - -.._ — to �' Jmmokalee Area u« '. u . Z ! CR 846 TTLES AKE HAMMOCK r W M m_ i� IIMMOKALEE OII. ELL W N Legend Number of Lanes by Color I 2 6 —� 8 10 y a W 1 TS fl . GS J - vl m W J J y O r fi u, 2 �Q ra 4"Z ~Qc Z` N a9 Lz �n w N O W a Retn: 3919084 OR; 4124 PG; 2172 RH 5/14/2013 11.D. CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPiao io.vu INTEROFFICE 4TH FLOOR 10/19/2006 at 01:OOPN DWIGHT E. BROCK, CLERK 117 1240 DEVELOPER CONTRIBUTION AGREEMENT MARBELLA LAKES THIS DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement ") is made and entered into this LQ_kl day of , 2006, by and between Tousa Homes, Inc., a Florida corporation ( "Developer "), with an address of 12550 New Brittany Boulevard, Suite 101, Fort Myers, Florida 33907, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County ( "County'). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13. RECITALS: WHEREAS, GMAC Model Home Finance, LLC, a Delaware limited liability company ( "MHF ") is the owner of that certain parcel of real property located in the County, described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, pursuant to c n Developer and MHF, Developer holds an option to purchase t rty and is ob ' a e o develop certain infrastructure improvements on the Property- WHEREAS, the Pr known as "Marbella Lakes" WHEREAS, the ( construct Whippoorwill W terminus of Whippoorwill ] WHEREAS, Developer set forth herein; and the main entra itratford Place c residential community to be obtain permits for and to the existing southerly ect on the terms and conditions WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the Project is in conformity with contemplated improvements and additions to the County's transportation network and that this Agreement will be advantageous to the public; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement with the Board finding that: a. The Project is in conformity with the contemplated improvements and additions to the County's transportation system; b. The Project, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate Packet Page -511- OR: 4124 PG; 5/14/201311.D. or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; C. The Project is consistent with both the public interest and with the County's existing comprehensive plan; d. The Project is consistent with the most recently adopted five -year capital improvement program for the County's transportation system; and WHEREAS, Developer has paid the required Two Thousand Five Hundred Dollar ($2,500.00) application fee for this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as fo < CO U2 (t T 1. All of the above LS are true �Wvect and are hereby expressly incorporated herein by referen56 as ,(ser_ t forth fully below. 2. Attached as Exhi t " " ' e o``�''ng the Development and the Project. Attached as Exhi its ` 1- " e I Speicifications for the Project. Developer, consistent with q it so 1 pplic bl 1 vu d regulations, will design, obtain all permits and build ` 1 roject in accor an wi x `B1 -B3" and shall provide a construction engineer inspect roved by the Co o v the Project. The County will also inspect the roadway to t meets all applic and regulations. Construction work and drainage improvemen a sufficient to uth Florida Water Management District standards. Developer sh tp odify the Plans and Specifications without the prior written approval o Construction will be programmed to commence no later then one year from the approval of this Agreement, and will be substantially completed within one year of approval of all permits. The County may extend the start date if the Developer is delayed in obtaining the necessary permits through no fault of his own. Developer will provide prompt written updates as to the status of the Project following written request by County Transportation staff. It is intended (but not guaranteed) that following completion of the Project, signalization shall be installed at the intersection of Whippoorwill Way and Livingston Road, if warranted. If installed, Developer shall pay its fair share of total costs incurred for the signalization of the intersection of Whippoorwill Way and Livingston Road. Developer's fair share shall be a percentage of the cost based on the number of users which will access the traffic signal. 3. Attached as Exhibit "C" is a Final Certified Estimate of Probable Costs prepared by Developer's Professional Engineer. As set forth in Exhibit "C," the estimated cost of the Project is $1,271,813.96. In the event that there are any changes in the plans or costs for the Project, Developer shall submit a change order to the County, and may petition the County for the 2 Packet Page -512- OR; 4124 PG: 5/14/201311.D. additional costs of the Project, as set forth in the change order. The cost estimate includes Thirty Thousand Dollars ($30,000) for mitigation costs. This amount is an approximation and is subject to changes in mitigation credit prices at the time the credits are secured. Except for mitigation costs, total project costs eligible for impact fee credits shall not exceed $1,435,131.32, which includes a 15% contingency factor. 4. Attached hereto as Exhibit "D is a copy of the Impact Fee Ledger setting forth the amount of Impact Fee Credits granted pursuant to this Agreement, which shall be adjusted to conform to all approved change orders and actual mitigation costs. In the event that the actual cost of designing, permitting and constructing the Project is less then the Final Certified Estimate of Probable Costs, as modified by approved change orders, then Exhibit "D" shall be amended to reflect these reduced costs. These road impact fee credits may be assigned or otherwise transferred from the Development to another development by written agreement executed by the County, provided that both developments are owned by Developer and are within the same impact fee district. No such assignment or transfer of impact fee credits shall be allowed until the Development has been completed, and such assignment or transfer must fully comply with the Collier County Consolidated Impact he credit for road impact fees identified herein shall run with the Develop tai uced by the entire amount of each road impact fee due for each b permit issued t 0, ntil the Development project is either completed or the credits ar exhausted or otherwis no onger available, or have been assigned by operation of or 11rs1ian agree en with County. The foregoing reduction in the impact fee credit b c the ount of the impact fees in effect at the time the buildi i ' s e . t s 1 t vel� per's obligation to notify the County that a credit is avai it, , a e u' i permit s a�p).,ied for in the Development. 5. The County shall to Developer a rho' -w rmit over that portion of the Project which is located wit County right- of - -�v t e� le Developer to complete the Project Improvements. 6. As described in Exhibit "E'�diclat�cel "), approximately 4,000 square feet of land to be utilized in the Project is located on lands owned by MHF which is not otherwise reserved for County right -of -way. Within 60 days from written request by the County, but no later then Developer's completion of the Project, Developer shall cause MHF to dedicate and convey the Dedicated Parcel to the County, the fair market value of which parcel MHF and the County agree to be $18,365.48, which was defined in the Livingston Village PUD as fair market value at the time of adoption of the Livingston Village PUD. In exchange for such conveyance, the County shall provide to the then - current owner of the Dedicated Parcel, at County's option, the same sum in either cash or in road impact fee credits, or some combination thereof, in the manner set forth by the then - current Collier County Consolidated Impact Fee Ordinance. This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit "F ". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. With respect to this provision, time is of the Packet Page -513- OR; 4124 PG: 5/14/201311.D.- essence. It is acknowledged that Developer's failure to cause the prompt conveyance of the Dedicated Parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to County as liquidated damages the sum of $1,000 per day for each day past the above 60 -day deadline that the warranty deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages, and may be used as an offset to the Impact Fee Credits granted herein. 7. The parties agree to perform or cause to be performed any and all further acts as may be reasonably necessary to complete the transactions contemplated herein, including, but not limited to, the execution and/or recordation of further instruments. The parties will reasonably cooperate with one another to coordinate and achieve the construction of the Project. 8. All notices, elections, requests, and other communications hereunder shall be in writing and shall be deemed given: (a) when personally delivered to the recipient; (b) three (3) business days after being deposited in the United States mail, postage prepaid, to the above- listed address of the recipient; (c) the next b ess -da after being deposited with a recognized overnight mail or courier delivery �) ansmitted by facsimile or telecopy transmission. C 9. Nothing in this A ee isded.i c ate a rship or joint venture between the parties and none of th e p i to'>1� ent s 1 be c ns ed under this Agreement as being partners or joint ven ers p � 7 10. This Agreement i+ 'l W f th i this Agreement and no right or cause of action shall acc '"'�i reason hereof to o r th be of any third party not a party hereto. Nothing in this Agre WT expressed or i d i ded or shall be construed to confer upon or give any perso tity any right, reme c aim under or by reason of this Agreement or any provisions o G ' ' ns hereo an the parties hereto and their respective representatives, heirs, succ . W� 11. If any provision of the Agreement, the deletion of which would not adversely affect the receipt of any material benefits by any party to this Agreement or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 12. MHF shall have no liability whatsoever for any obligations hereunder. By execution hereof, MHF, as the owner of the Property, joins in and consents to the terms of this Agreement. 13. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. This Agreement contains the entire agreement among the parties hereto, and supersedes any and all prior agreements, 4 Packet Page -514- OR: 4124 P 5/14/2013 11.D. arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in interest, relating to the subject matter hereof. 14. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 15. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 16. Developer shall execute this Agreement prior to the Board of County Commissioners. t , County an attorney's letter attestin a� authorized to conduct its busine * ier County; tha i by Developer; and that the p son i m —n�-on behalf of D authority to do so. This Agrke nt ish be c y th Collier County, Florida, witpin ou#W d r > Developer shall pay all cost o��crdXV / �e be provided to the Develope eq it being submitted for approval by Developer shall also deliver to the duly formed, validly existing and reement has been duly approved elo er has the legal and corporate e o ty in the Official Records of un into this Agreement. 0 v o�fenters o v the recorded document will 17. This Agreement\ be governed by a- - . oist ` under the laws of the State of Florida. The parties shall atte ood faith to reso 1 ute concerning this Agreement through negotiation between au representatives #h e efforts are not successful, and there remains a dispute under this ee� first use the County's then current Alternative Dispute Resolution Proce to e conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the Transportation Administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with 5 Packet Page -515- OR: 4124 PG; 5/14/2013 11.D. the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK t 0 Packet Page -516- OR; 4124 PC 5/14/2013 11.D. WITNESSES: TOUSA HOMES, INC., a Florida corporation kA By: Print Name: A. Cobb, Division Presiders v Print Name�f��L p.,rn,Pr� STATE OF FLORIDA COUNTY OF Le&ol 0 / C c�L The foregoing instrume )�ac g be a this Zip day of 2006 by Davi A. C b as is r T USA Homes, Inc., a Fl rida corporation, on beh f e r ti e ' all known to me or has produced as identification. Notary: NOTARY SEAL "t rint Name: Public, State o n SWMAUVA S 200 -7 Mr COMMISSION s DD 189544 C EXPIRES: July 5, 2007 Ar 1, ThnrNowyPubicLkK%r*'W 7 Packet Page -517- Atsst: DWIOHT E: BROCK, Clerk Attest 0 C:ha Iraw s Deputy Clerk S 1 gn Attire on j, and legal sufficiency: County Attorney OR; 4124 PG 5/14/2013 11.D. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: FRANK HALAS, Chairman �-�F` C0 CI C� 8 Packet Page -518- OR: 4124 PG 5/14/2013 11. D. JOINDER AND CONSENT The undersigned hereby joins in and consents to the Road Extension Agreement to which this Joinder and Consent is attached. WITNESSES: Print Name: GMAC MODEL HOME FINANCE, LLC, a Delaware limited liability company By: Print e: Mork P. Paniccia Title: Vke President STATE OF v) r°i IN COUNTY OF 4w f i The foreg ing i 2006 by L 0 , Model Home Finance, LLC, a He /she is personally known to: as i enti cation. 00 0. ti . NOTARY§ - OF I Lb le ge be o m$ ' ) day of , as lJ f of GMAC limited liab c y, on behalf of the company. tit ---- C -- V��' ou Notary: Print Name: r Notary Public, State of I1�ci. My commission expires: 6 Packet Page -519- OR: 4124 PG; 5/14/2013 11.D. LIST OF EXHIBITS ATTACHED TO AGREEMENT (TO BE FINALIZED AT FINAL DRAFT) Exhibit "A" Locus map Exhibit "B 1 -B3" Plans and Specifications Exhibit "C" Final Certified Estimate Exhibit "D" Impact Fee Ledger Exhibit "E" Dedicated Parcel Exhibit "F" Warranty Deed Example COQA�,,� c 10 Packet Page -520- I _ .� K ! FT III P N N O t0 0 N O� .y ao m ;W1 N r w Aw «r =L. �— A VIAND A I (AUra"4j TRACT ?3" (TC6' OR; 4124 PG 5/14/2013 11.D. WHIPPOORWILL LANE TRACT R -1' (R.O.IC, C.L.E. P.Ui. O.E.) ANDAL UCLA (PCAT8"44 PAGE 0,07) 40003 LF. M PLNE MOM Now P LAT BOUNOANY — �.� DaSTDC SCEWALK l iL U)j i TR4CT A-3A' (RA.OL. OPD1 SPACE. 0.E) —7 LAAE T.0 ip ,e, Lu V t Q O cc ig O U. 0; y — - -- — - — N - - -_ i l YARBELLA LAKES - y # (PATWOK46,PAGE774V yF.�F Homom >s SCB THDDP00RW= LAW ns.>Qr we KM Q. GRAD-L MINOR di ASSOCIATES, P.A. CrvIIEwM= -LAM StV6Yg • )AK1S • Wa6.6 A16QMM AlB V= YIW •�,••� �� �•TM� EaOIIBfT B -1 W4FA I'- 2W `••_• WWw1uADYKNO&CDY SEPTEV,BER = 06 ?D 7YS iA1! NAfDC NUN= 1 • 1 Packet Page -522- V OR; 4114 P'-5/14/2013 11.D. 1 I MZ WM MM4) SECTION Al —A1 H.T.S. MLA WN (pRi {} SECTION A3—A3 KTs n�o� ss spa Q. GRADY MINOR & ASSOCIATES, P.A. WRZppa17Rw= LA" WLLW IM o.r.s EViWr s -2 •A00 • lU[f YYW • COIN lOIT Ay�d .PP.O.@ bL VUL An Cm `lVV& ww.s•s•.I•wwrr r•r vn.wuw.• �wwn•eu WMwnxkDy mLCaY /C�ii IL T.S 7IIi :IA! nta7nR/ NWT 1 1 MYTEMBM 2= Packet Page -523- IOIft 14 W&WAW= MYL UMO 1x001 e" &AK . :i � DOLL � O tee: Kano E0K OF .L) SOLVOLAW A! 7 AMPWLT ORK 11/ E LOM Y I8J Or Lam we MAO% O tnamn a�aaoc OR: 4124 P 5/14/2013 11.D. SECTION 81 —B1 )LT.S SECTION B3—B3 K.T.S. im " 1XIPPOORYLU LANZ as aer we Cr GRAD-L MINOR - ASSOCIATES, nM al•!lD�c ILYE.EL OYII. DRO® 3• L11 0) ARYRYOtb .T1A1MSE.U1llE('AF6AOW7TLTf EVMT B-3 a coxes uvr. fC"i PC T.& o's'o'��1' .•o•_,•_•u SfPTEI AT 2006 ltA� , Packet Page -524- 1• TIK = AORMII z 1/t' rmf 0 AwMIT W IOOuCK aw P�•2'f�hC-p�`.i7�')'�Jk'1 :r,$ lY O71L® fta>0�0[ IOIft 14 W&WAW= MYL UMO 1x001 e" &AK . :i � DOLL � O tee: Kano E0K OF .L) SOLVOLAW A! 7 AMPWLT ORK 11/ E LOM Y I8J Or Lam we MAO% O tnamn a�aaoc OR: 4124 P 5/14/2013 11.D. SECTION 81 —B1 )LT.S SECTION B3—B3 K.T.S. im " 1XIPPOORYLU LANZ as aer we Cr GRAD-L MINOR - ASSOCIATES, nM al•!lD�c ILYE.EL OYII. DRO® 3• L11 0) ARYRYOtb .T1A1MSE.U1llE('AF6AOW7TLTf EVMT B-3 a coxes uvr. fC"i PC T.& o's'o'��1' .•o•_,•_•u SfPTEI AT 2006 ltA� , Packet Page -524- OR; 412 P( 5/14/2013 11.D. Whippoorwill Lane - Whippoorwill Way Connection Engineers Opinion of Cost Summary dated September 15, 2006 Estimate Additional Costs Total Est. 1 Master Plan and Design Engineering, Permitting, and Design Phase Surveying $ 68,290.00 $ 25,920.00 $ 94,210.00 2 Construction Phase Engineering, Geotechnical, and Surveying $ 36,670.00 S - $ 36,670.00 3 Submittal Fees $ 47,151.62 S $ 47,151.62 4 ILegal $ 5,000.00 $ $ 5,000.00 5 jEarth Balancing 367,061.67 S $ 367,061.67 6 IStormi Sewer T x`.253,384.00 $ S 253,384.00 *7*Paving / t '� 8,336.68 $ - $ 468,336.68 b Total IS 1, 5,893.6 1 $ 25,920.0 1 $ 1,271,813.96 15% Contingency r l rli 163,317.35 $ $ 163,317.35 Total Costs 1 $ \ 1,409,2,1 1.32 $ 25,920.00 1 $ 1,435,131.32 v v TFIE CIRCA Packet Page -525- Z ui C W tx V Q O MM W Z H0 m X CL WO `J LU 0 Cn W Y g g J W m Q rW V W J W U W LL U c� G O a N H U m m z [U A OR; 4124 P 5/14/2013 11.D. Packet Page -526- �8 r� U � M � � M LD W t� m M r- W ) . ccf t 6yl' V P . i/✓ 0 Packet Page -526- OR; 4124 F 5/14/2013 11.D. 2. h � M g m Q Co Ly VE Li Cuc Co Q= w �WCv ig be S Co 0 0 00 = Wa Lq r ti n Qj `H V 1O� m�2•;tq Obi U Z Q m CLe � 6 S e W V U H 2 Packet Page -527- � I I � I W if r�2t�3 W� V's i C,� C5 Y M Vi � "j CC j CSl<CiI 4i O 0 0 X �� 5 C7 �Y U H W a, t t N Co �qA �S O R'S Q) �w o xo �o 7 � O 1 W q o � a v � 9 W j Z S Q fix+ U 4 PFKXECT HMO-* PARCEL MOM PAP0ffTRCTF000N0 WARRANTY OEM OR: 4124 P 5/14/2013 11.D. THIS WARRANTY DEED made this — day of 20—. by. (hereinafter referred to as Tsnmuxl, whom PM 0 box is [ADDRESS] to COLUER COUNTY. a p9tical mb&vision of the State of FWK)k its stmessors and assigns, whose post office address is 3301 Tarriami Trall East Naples. Florida, 34112 (hereinafter referred to as *Grantee"). (Wherever used herein the terms ' Grantor' and 'Grantes' mdude all the parties to this Instrument and Vm* respective helm kKW representatIves, wx=msm and assigns.) WITWSSETIt in coraideration d the sum of Ton Dollars ($10. receipt Owed is hereby bargains, eels; releases corrmys and Cor."ara Undo an" ui6i oortain land 9 County, Fiorkla, to wit by referenoe. of r000rd. Is belolov, TO = HOLD the Sms kakswoli AND the covenants with said," #W the Grantor is kwh* thajtL�V the of said that the mlfor*�,g6oci right and Wwkd mftft So sell and convey said ke wwrants the No to said MM and w"M de(WerOW tftw of all persons whonsomr: and OW said land is free of al erxsrrnbrer>ces except as noted above. IN WITNESS WHEREOF. the said Grantor has signed and sealed nume presents the day and year first above written. By* (Signature) (GRANTOR NAME) (Print Full Nam) (Somb") (P" Full Nam) Packet Page -528- N � N O J N l� O \�tc'0 2 61 R1 91 9��/ 5/14/2013 11. D. ORDINANCE NO. 06 — 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE ZONING ATLAS MAP(S) TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY LOCATED APPROXIMATELY 3,500 FEET SOUTH OF PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL MULTI - FAMILY -6 (RAT-6) ZONING DISTRICT FOR A PROJECT KNOWN AS J CAYO WHIPPOORWILL AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Gary Butler of Butler Engineering, Inc. and Brian Mansour, representing SJC Whippoorwill, LLC, petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition Number RZ- 2005 -AR -8039. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject real property described as: The South % of the South %: of the Northwest'' /, of the Southeast %, Section 18, Township 49 South, Range 26 East, Collier County, Florida is changed from the Agricultural (A) zoning district to the Residential Multi - Family -6 (RMF -6) zoning district for a project known as Cayo )Whippoorwill. The appropriate zoning atlas map(s), as described in Ordinance 2004 -41 as amended, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions set forth in Exhibit A. Packet Page -529- 5/14/2013 11. D. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of k0ttjn=Af, 2006. ATTEST . DWIGHT E. BROCY., CLERK y: �► ��' „Deputy Clerk Approved as to form and legal sufficiency: A. Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHATRNMlq- Attachment: Exhibit A--Conditions of approval, dated December 19, 2006 RZ- 2005- AR- 9039/KD /sp Packet Page -530- This ordinance filed with the Secretary of tote's Office the 2-2- day ofC(^ and ocknowiedgement of that fii*q2 received this z_ day of C - 5/14/2013 11. D. CAYO WHIPPOORWILL REZONE RZ- 2005 -AR -8039 CONDITIONS OF APPROVAL Prior to the issuance of a Certificate of Occupancy for all units, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $1,000 for that unit. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 2. Prior to allowing clearing in pine flatwoods (411), the developer must provide a survey performed by a qualified biologist to Environmental Services staff identifying any listed air plants. Any air plants so identified must be relocated to the preserve area prior to the pre - construction meeting. The survey and subsequent relocation shall be subject to review and approval by Collier County Environmental Services staff. Proof of completed relocation shall be provided to Environmental Services staff at the pre - construction meeting. 3. Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill Lane to Livingston Road is fully operational. 4. The developer, or its successors and assigns, ' shall pay to Collier County the proportionate fair share of the Whippoorwill Lane to Livingston Road extension and the Pine Ridge Road and Whippoorwill Lane signalization costs as those amounts are determined by Collier County Transportation staff. Payments shall be rendered in accordance with the regulations in effect at the time or as determined by Collier County Transportation staff. Revised: 12/19/06 to incorporate Board conditions Conditions of Approval 12 -19 -06 FINAL.rtf Packet Page -531- 5/14/2013 11. D. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2006 -61 Which was adopted by the Board of County Commissioners on the 12th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December 2006. DWIGHT E. BROCK_ e ,lr 7 Clerk of Courtts..dTi&;;,lerk Ex- officio .-t -o Board o1 County Commissioners `- M y: Teres&aDit) Deputy C1413k - Packet Page -532- nInn080 nD. AAZC Dr, lino 5/14/201311.D. Retn: =JVVVJ V1 %$ zTJV LUG 44VJ CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COORTY, FL IATBROFFICE 4TH FLOOR 05/29/2009 at 08:14AK DWIGHT B. BROCI, CLERK ?IT 1240 AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT MARBELLA LAKES THIS AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT ( "Agreement ") is made and entered into this day of 2009, by and between Marbella Lakes Associates, LLC, a Delaware limited liability co any ( "Developer "), with an address of 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County ( "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13. RECITALS• WHEREAS, Developer is the owner of those certain parcels of real property located in the County, described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and � �R C T WHEREAS, the Prope � ed to be a rQ as a residential community to be known as "Marbella Lakes" ( elopment "); and WHEREAS, the curen PI, (hereinafter referred to as e " County Commissioners on Ma 1 , Livingston Village PUD, no WHEREAS, Court ei October 10, 2006, with To Development, which agreement ' Book 4124, Page 2172, et seq. (the' . nnent for the Development the Collier County Board of which ordinance created the into a o ntribution Agreement dated :s, Inc., a ( "Tousa "), for the ded in the ecords of Collier County at OR WHEREAS, Developer represents and warrants to the County as follows: 1. According to the recitals in the Tousa DCA, at the time of the Tousa DCA, GMAC Model Home Finance, LLC (MIS) owned the Property. Tousa was the developer of the Property under an arrangement with MHF which gave Tousa the option to acquire developed lots/parcels in the Property. Tousa acquired some but not all of the lots /parcels in the Property pursuant to that arrangement. 2. Developer acquired title to the Property as follows: a. By General Warranty Deed dated June 9, 2008 and recorded in the Official Records of Collier County at OR Book 4380, Page 4084, et seq., MHF conveyed to DOA Properties VIII (Marbella Lakes), LLC the entire Property less the lots/parcels previously conveyed to Tousa. Packet Page -533- OR; 445 5/14/2013 11. D. b. On July 30, 2008, DOA Properties VIII (Marbella Lakes), LLC changed its name to Marbella Lakes Associates, LLC, which is the current name of the Developer. c. By Quit -Claim Deed dated October 21, 2008 and recorded in the Official Records of Collier County at OR Book 4403, Page 0450, et. seq. and by Special Warranty Deed dated October 21, 2008 and recorded in the Official Records of Collier County at OR Book 440 3, Page 0456, et. seq., Tousa conveyed its interest in the Property to Developer. d. As such, Developer is the presently the owner of the Property. 3. Developer, by virtue of having acquired title to the Property, has succeeded to the interest of Wallace L. Lewis and Marian H. Gerace, as the original "developer" under the PUD Document, and as successor in interest, has all rights and is responsible for obligations set forth in the PUD Document; and WHEREAS, Subsection 2.20(4 "The developer shall mid - section line of Roadway Reservatioi potential westward e scheduled to be and WHEREAS, the E, Exhibit "B" attached hereto the nord 18 and I -75, lade a part hereof; cument provides in part as follows: U t 0 feet width between the Pprokiqiat6ly 5.3 acres, ( "Eastern date a oiintial alignment of the for w ch an alignment study is �2 04," and 0 particularly described on WHEREAS, the Coun Fl requested that De transfer the Eastern Roadway Reservation Area to the County ' or r �c ee credits equal to the fair market value of the Eastern Roadway Resery a o the PUD Document; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the plan for dedication of the Eastern Roadway Reservation Area as set forth in this Agreement (the "Dedication Plan") is in conformity with contemplated improvements and additions to the County's transportation network and that this Agreement will be advantageous to the public; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement with the Board finding that: a. The Dedication Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. The Dedication Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to 2 Packet Page -534- OR: 4455 �, 5/14/2013 11.D. frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; C. The Dedication Plan is consistent with both the public interest and with the County's existing comprehensive plan; and d. The Dedication Plan is consistent with the most recently adopted five -year capital improvement program for the County's transportation system. WHEREAS, Developer has paid the required Two Thousand Five Hundred Dollar ($2,500.00) application fee for this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as fol. JR 1. All of the above S are true e, ect and are hereby expressly incorporated herein by reference set forth fully below. 2. Attached as ing the Development. 3. Developer shall co ° e e w es' tion Area to County in fee simple, free and clear of a s, deed in the form attached hereto as Exhibit "D ". De er will provide th e e County Attorney with the executed warranty deed, suits d r recording, wi e r days of the execution of this Agreement. Upon receipt, the shall record the deed in the Public Records of the County and shall assume soci a recordation. County will be responsible for paying the costs o d searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. If required by the County Attorney, Developer will promptly provide either an attorney's opinion, or a corporate affidavit, identifying the record owner of the Eastern Roadway Reservation Area, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Eastern Roadway Reservation Area. The opinion or affidavit will specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. The opinion or affidavit will further set forth the legal authority of the individual signing this Agreement on behalf of the Developer. In addition to this conveyance, Developer shall allow the County to connect to the Developer's existing surface water management system as shown on the approved construction plans CNSTR AR# 11224 and right -of -way permit # 07- 0591E and consistent with the approved SFWMD permit # 11- 00158 -S -03. Developer shall use its best efforts and cooperate with any necessary easements or permit modifications which may be required to complete the surface water drainage physical connection. County shall pay all costs for permits, planning and constructing this connection, and Developer shall convey at no 3 Packet Page -535- OR; 4456 DI 5/14/201311.D. cost to the County all necessary easements. If any actions or improvements by the County cause damage to the Developer's water management system, the County, at its sole cost and expense, shall repair and mitigate said damages. 4. Attached hereto as Exhibit "E" is a copy of the Impact Fee Ledger which will set forth the amount of road impact fee credits granted for the Development in the amount of $709,000.00 for the Eastern Roadway Reservation Area. These road impact fee credits may be assigned or otherwise transferred from the Development to another development by written agreement executed by the County, provided that both developments are owned by Developer and are within the same impact fee district. No such assignment or transfer of impact fee credits shall be allowed until the Development has been completed, and such assignment or transfer must fully comply with the Collier County Consolidated Impact Fee Ordinance. The credit for road impact fees identified herein shall run with the Development land and shall be reduced by the entire amount of each road impact fee due for each building permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in credit shall be calculated based on the amount of the impact fees in efft t, permit is issued. It shall be the Developer's obligation to notify �}� ty that a credi able, each time a building permit is applied for in the Developmnt."" 5. In keeping with Ordinance, in the event the of transportation impact fe the excess of such contribu (a) Reimbursemen of five years from the County. be made in equalt] completion of Imo! �l Consolidated Impact Fee i exceeds the total amount ment to the Developer of no interest, over a period ;nt as determined by the (b) Reimbursement shall be from'i`ufge- receipts by the County of impact fees. If impact fees have been legislatively abolished, either at the state or local level, or are otherwise no longer in existence for any reason whatsoever, such reimbursement shall be made subject to available funding by the Board of County Commissioners. 6. The parties agree to perform or cause to be performed any and all fisher acts as may be reasonably necessary to complete the transactions contemplated herein, including, but not limited to, the execution and/or recordation of further instruments. 7. All notices, elections, requests, and other communications hereunder shall be in writing and shall be deemed given: (a) when personally delivered to the recipient; (b) three (3) business days after being deposited in the United States mail, postage prepaid, to the above - listed address of the recipient; (c) the next business day after being deposited with a recognized overnight mail or courier delivery service; or (d) when transmitted by facsimile or telecopy transmission. 4 Packet Page -536- OR: 4456 15/14/2013 11.D. 8. Nothing in this Agreement is intended to create a partnership or joint venture between the parties and none of the parties to this Agreement shall be construed under this Agreement as being partners or joint venturers for any purpose. 9. This Agreement is solely for the benefit of the parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assigns. 10. If any provision of the Agreement, the deletion of which would not adversely affect the receipt of any material benefits by any party to this Agreement or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 11. The burdens of this A rijsl$a ding upon, and the benefits of this Agreement shall inure to, all suc interest " erest't ies to this Agreement. Except as otherwise provided herein, this ent shall only be nd or cancelled by mutual written consent of the parties hereto or cessors ' inte st. This Agreement contains the entire agreement among the p ies, d su ersede an and all prior agreements, arrangements, or understan ding n h er recorded or unrecorded, between the parties hereto r th it re c ss r t, la ing to the subject matter hereof, including, without limitatio M i out Eth generality of the foregoing, the County and Developer that Developer sh no on ve any obligation to design, obtain permits for and cons ppoorwill Way entrance of the Development to the existing southerly term Whippoorwill an tford Place (the "Project ") as provided in the Tousa DCA. In d, Develo y assigns to County, without any representation or warranty whatsoe1 ,i and interest in and to the plans and specifications for the Project under perms AR# 11224 and right -of -way permit # 07- 0591E and the approved SFWMD permit # 11- 00158 -S -03. County agrees that the Development shall not be phased or tied in any way to, or limited in any way by, the future construction of the Project, and Developer shall not be prevented or restricted in any way from obtaining building permits or certificates of occupancy for the Development based on the timing of construction of the Project or any decision by the County not to construct the Project. 12. The Developer acknowledges that the dedication of the Eastern Roadway Reservation Area pursuant to this Agreement is in anticipation of a potential four lane Green Boulevard extension. The Developer shall notify all buyers of the future roadway. The Developer, its successors and/or assigns shall relinquish all rights to noise mitigation if and when the road is constructed. 13. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve the Developer, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. Packet Page -537- OR; 4456 PG: 5/14/201311.D. 14. In the event state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. With this submittal, Developer shall also deliver to the County an attorney's letter attesting that Developer is an entity duly formed, validly existing and authorized to conduct its business in Collier County; that this Agreement has been duly approved by Developer; and that the person signing on behalf of Developer has the legal and corporate authority to do so. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developer upon r I . cQT rz 16. This Agreement sh verned by an ed under the laws of the State of Florida. The parties shall atte t ' good faith to resolve di ute concerning this Agreement through negotiation between u ri nk If ese fforts are not successful, and there remains a dispute and a first use the County's then current Alternative Dispute Resolu ion r c 1 1 'on of this procedure, either party may then file an actio in a Ci ui C o oll r o t which shall be the exclusive venue with respect to any di in f 17. Any future reimb ent for excess cr e from future receipts by the County of road impact fees. w r, r reimbursem 1 be paid until such time as all development, as defined by the A , at the location that was subject to the credit has been completed. Such tirtrs a made over a period of five (5) years from the completion of the Development. 18. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure by Developer to comply with the terms of this Agreement and that Developer has not cured such failure within thirty (30) days after the Developer has received written notice from the County specifying such failure, or if such failure is one not reasonably able to be cured within such thirty (30) day period, then if Developer has not commenced to cure such failure within such thirty (30) day period and then continued to diligently pursue such cure to completion, this Agreement may be revoked by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. 6 Packet Page -538- 5/14/2013 11.D. OR: 4456 ru: zzn Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRl�I, Clerk COLLIER COUNTY, FLORIDA, BJ • By: ALLw `city Clerk DONNA FIALA, Chairman Awe ;W•le4al sufficiency: Jeffrey A ow County o ey WITNESSES: MARBELLA LAKES ASSOCIATES, elaware limited liability company 0 r By: SSOCIATES III, LLC, A Flon aNited liability company, Print Name: CAL ___anana� nvemher Print N STATE OF FLORIDA ss.. COUNTY OF BROWARD The foregoing instrument was acknowledged before me this / / day of _, 2009 by Richard M. Norwalk, as Vice President of Naples Associates III, LLC, a Florida limited liability company, on behalf of the company as managing member of Marbella Lakes Associates, L ted liability company, on behalf of the company. He is personally known to e 7 or has produced as i entification. Notary: NOTARY SEAL Print Name: Notary Public, State of Florida My commission expires: »•, KATHLEEN M COMM" flAaw =r� g Notary Pubk - Stdo of 's • • E My Comm. Expires Mar 18, '�, Commission # DD 8S 7 �''f �„a ` BonM ThrW NM*W " Packet Page -539- 5/14/2013 11. D. OR: 4456 rc; ZIM LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Legal description of Property and map Exhibit `B" Legal description of Eastern Roadway Reservation Area and map Exhibit "C" Location Map of the Development Exhibit "D" Warranty Deed Exhibit "E" Impact Fee Ledger s Packet Page -540- OR; 4451 5/14/2013 11.D. EXHIBIT "A" All of the lots described on the Plat of Marbella Lakes, together with Tracts A -1, A -3B, A -4, A- 5, A -6, A -7, B, C, D, E, F, G, H, I, J -1, K, L -1, L -2, L -3, L -4, L -5, L -6, M, N, O, P -1, P -2 and P- 3, all according to the Plat of Marbella Lakes recorded in Plat Book 46, Page 77, of the Public Records of Collier County, Florida. 9 Packet Page -541- �D ; A A" 5/14/2013 11. D. 1 -75 Q. GRADY MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS • LAND SURVEYORS . FLANNEJ . LANDSCAPE ARCHITECTS �orar ;av:m . roRr vrras rnaTx Iar WWW.GRADYMMOR.COM a ... +...... LIVINGSTON ROAD 01M /DF EER MARBELLA LAKES S.D.P.A. Marbella Lakes Associates, LLC two s,qu, G9�a«.h vati.ar SJIe 230 S— s FL 333n TBL 195A) 7531730 l_: (954) 753 SM Packet Page -542- EXHIBIT 'A' THE PROPERTY �r 1 OR i OR; 4456 5/14/201311.D. Tract A -3B of Marbella Lakes, according to the Plat thereof recorded in Plat Book 46, Page 77, of the Public Records of Collier County, Florida. I wvNiplIMMKOw 00 t � 1 CI 10 Packet Page -543- OR: 4456 5/14/201311.D. Z---; le 1 -75 LIVINGSTON ROAD 011NE12/DFVEL�PIIt s MARBELLA LAKES S.D.P.A. Q. GRADY MINOR &ASSOCIATES, P.A. Marbelta takes avu ENC�NEFJlS • IAND SURYEYDRS . PLA.YNERS . uNDSCAPE ARalffF1'T'S Assod i. LLC 7!TYTRi P.*..y EXHIBIT W aoa M.. sue.L mr rc...- .irss a Sune•, FL 11i2] TRACT 'A -38' f TA ry5.) 75 &1730 M'w'W.GRADYMINOR.COM Fax: (954) 753-4509 BMW I Q 1 Packet Page -544- 6A r� u OR: 4456 5/14/201311.D. ---no•-- z —_ 1 -75 - -- -- �, -- -- fir— — —- LIVINGSTON ROAD (EXISTING) j 0TM/DEYMZPU IVARBELLA LAKES D.P.A. 10 wla Q. GRAD Y MINOR & ASSOCIATES, P.A. Marbella Lakes mu CIVLL ENGINEM • LAND SLRVEYORS • PLANNERS • LANDSCAPE ARCHMMS Associates, LLC .D'Rr. 16009 —v. C�•Pan n EXHIBIT 'C' DCUDOM m i _.. . , • _. „ . , ay R . • ., a . �., sFL 3 GENERAL LOCATION MAP „a x TeL (951) 7531730 W9/Y/GRADYMINOR.COM F.: (954) 7534509 MEWi 1 or 1 Packet Page -545- PROJECT: PARCEL: FOLIO: EXHIBIT D WARRANTY DEED OR: 445 5/14/2013 11.D. THIS WARRANTY DEED made this day of , 20 , by, whose post office box is, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their res heirs, legal representatives, successors and assigns. Grantor and Gra �-u ingular or plural, as the context requires,, WITNESSETH: Tha th FWeC. or and in c nsi eration of the sum of Ten Dollars ($10.00) and o her v a nsi ation, re ipt whereof is hereby acknowledged, hereby gr nt is s, releases, conveys and confirms unto the Grant , al t t rt i I d a Ili r County, Florida, to wit: Tract A -313 of in Plat Book 46, Subject to of the Public to 1p e �� thereof recorded K tier County, Florida. a THIS IS NOT HOMESTEAD PROPERTY of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Packet Page -546- WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) STATE OF _ COUNTY OF The foregoing Warranty D el 20 ,by is personally kno n t OR produced r identity. (affix notarial Last Revised: 2/6107 i M. OR: 4436 5/14/2013 11.D. me this day of who: as proof of { (Sign otary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Packet Page -547- y 5/14/2013 11. D. EXHIBIT E OR; 4456 DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Imped he ledger Beginning Balancel $709,000.00 Packet Page -548- 11.D. In additirn, Purchaser acknowledges and ae S that neither Seller nor any of its agents or representatives has made a.... epresentation, warranty or guarantee of any kind whatsoever upon which the Purchaser has relied as to the lar d use plan designation, zoning, current or future uses, or any other mattem with respect to any property which is located adjacent to or in the vicinity of the Community. The properties surrounding the Community have various uses. Purchaser understands and agrees that the land use designationz and actual use of such surrounding properties may be changed or sought to be changed in the future by the owners thereof for uses as ma 1 be permitted by applicable governmental authorities. Seller has no control whatsoever with respect to the uses and /or operations of these the si. rrounding areas and properties and Seller shall have no duty or obligatJoii to inform Purchaser of any changes thereto. Purchaser further ackn )wledges and agrees that: (a) it is Purchaser's responsibility to make its own investigation of any and all of the foregoing matters with the city, town, c unty, state, federal and any other governmental agencies with jurisdiction hereover, (b) Seller has no duty or obligation to disclose or investigate any such matters, and (c) Seller will have absolutely no responsibility or liability for any such matters, the accuracy of any of the foregoing and/or changes thereto, and /or for failure to disclose any other matters vela ing to property which Is located adjacent to or in the vicinity of the Community. The provisions of this Section H.2 shall survive the closing and /or any termination of this Contract prior to closing. 3. Prc Purchaser within and/ commuter subject to i Purchaser that (i) Sal and /or to w and en)oyr whatsoeve closing anc Girt agrees the fronting th( to the east continues further act portion of fronting th side of I cannot ani extent su Communit absolutely shall survi closing. 5. Er understan or repre: be of no Purchaser maps, art distributes purposes without n facilities f relied u represent otherwise this Contr based hi! terminate 6. S the sour change currently other ref school a investiga board. 7. F unless p In the to imity to Airport. Seller hereby discloses to Purchaser, and ereby acknowledges and agrees that the Community lies around the flight path of Naples Municipal Airport, a private irport. As a result, the homes in the Community may be tise generated by airplane and other aircraft using the airport. cknowledges and agrees, by acceptance of title to the Home, r cannot and does not represent, warrant or guarantee how at extent the air traffic will affect the Community and /or the use ent thereof; and (ii) Seller shall have absolutely no liability therefor. The provisions of this paragraph shall survive the >r any termination of this Contract prior to closing, !n Boulevard Extension. Purchaser acknowledges and Green Boulevard (a /k/a Whippoorwill Way) adjacent to and northern boundary of the Community currently terminates just if the main entry to the Community, and that Green Boulevard n the east side of interstate 75, in that regard, Purchaser rowledges and agrees that Collier County may extend the 3reen Boulevard (aWa Whippoorwill Way) adjacent to and northern boundary easterly along and to the north of the and connect it to the portion of Green Boulevard on the east erstate 75 with a fly -over over Interstate 75. Purchaser as and agree, by acceptance of title to the Home, that (1) Seller does not represent, warrant or guarantee how and /or to what i road extension and Interstate -75 flyover will affect the and /or the use and enjoyment thereof, and (ii) Seller shall have o liability whatsoever therefor. The provisions of this paragraph e the closing and /or any termination of this Contract prior to ire Agreement/No Reliance. This Contract contains the entire ling between Purchaser and Seller. No statements, inducements :ntations made by Seller or any of Seller's agents or lives, shall in any way be binding on Seller and the same shad force or effect unless expressly set forth in this Contract. hereby acknowledges and agrees that the displays, topographic st renderings and other promotional materials contained in or from the sales office and model homes are for promotional only, may not be relied upon, and may change at any time )tire, including, without limitation, the proposed recreational >r the Community. Purchaser warrants that Purchaser has not ion any verbal or written statements, inducements, +lions, advertising (newspaper, radio, television, intemet or or marketing materials, or portrayals or promises in entering into act, other than as expressly contained herein, and Purchaser has paragraph shall survive the closing and /or any 5/14/2013 11. D. prior to closing. 9. Radon Disclosure. Florida 'Law requires the following disclosure: RADON GAS - Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. The foregoing notice is provided In order to comply with state law and is for informational purposes only. Seller does not conduct radon testing with respect to the Home or any portion of the Community, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Home and/or the Community. 10. Energy - Efficiency Disclosure. Pursuant to Section 553.996, Florida Statutes, Purchaser hereby acknowledges receipt of a copy of the information brochure prepared by or on behalf of the Department of Community Affairs of the State of Florida, notifying Purchaser of the option for an energy - efficiency rating of the Home. Purchaser is further notified that pursuant to Section 553.9085, Florida -Statutes, the energy performance level resulting from compliance with such section shall be disclosed if requested by Purchaser. Any request to have the energy - efficiency rating or energy performance level provided to Purchaser must be delivered to Seiler In writing, and shall be at Purchaser's cost and expense. This paragraph and any information provided pursuant hereto is only for purposes of complying with the requirements of Chapter 553, Florida Statutes, and this Contract is not contingent upon Purchaser approving same. 11. Community Systems Agreements. Purchaser acknowledges and agrees that the Master Association may enter into agreement(s) for the Community with one or more providers pursuant to which such provider(s) would make services available to and within the Community including, without limitation the Home. Services which may, but are not obligated to be provided include, but are not necessarily limited to, cable television, digital cable, telephony, high -speed Internet access and alarm system monitoring. Such services shall be determined by Seiler in Sellers sole discretion, but are all subject to availability from the providers thereof. Purchaser further acknowledges and agrees that the fees (or portions thereof) to be paid to the service provider(s) for providing such services to the Community and /or Home may be included in the assessments of the Master Association. Purchaser further acknowledges and agrees that th service provider(s) may; (a) be an entity(ies) in which Seller or an afflliatt of Seller has an Interest, financial or otherwise; (b) share revenue fees with Seller for the services (or portions thereof) provided to the Community by such service providers; and/or (c) compensate Seller for the right to provide such services in and to the Community. The provisions of this paragraph shall survive closing. 12. Highspeed Internet Access. Purchaser acknowledges and agrees that high -speed Internet access through digital subscriber lines (DSL), cable modems or other technologies, when and if provided, are subject to availability by various third -party service providers, and may not be available at all at this time In the Community. Because of the rapidly changing nature of technology, Purchaser should contact the various service providers to find out the availability of such high -speed intemet access alternatives in the Community and for the Home. Purchaser further acknowledges and agrees that Seller has not made and will not make any representations as to if or when high -speed internet access and /or other data and communication services will be available in the Community and /or for the Home. The provisions of this paragraph shall survive closing. 13. Flood Zone Disclosure. Purchaser acknowledges that the Community is located in flood zone "X" according to the Flood Insurance Rate Maps. Purchaser further acknowledges and agrees that mortgage lender, if any, which provides Purchaser with a mortgage in connection with the purchase of the Home may require Purchaser to obtain flood insurance covering the Home. Purchaser shall be solely responsible to pay for the cost of such flood insurance if so required. /her decision to purchase the Home on personal investigation, 14. Water Levels in Lakes, Seller hereby discloses to Purchaser, and o and review of this Contract and the Master Documents. The Purchaser hereby acknowledges and agrees, that the water levels in the of this paragraph shall survive the dosing and/or any lakes located within and around the Community may rise and fall n of this Contract prior to closing, significantly due to among other things, fluctuations in ground water :hoof Assignments. Purchaser acknowledges and agrees that elevations within the surrounding areas. In addition, South Florida Water y school board has full decision making powers to modify or Management District has the rights and authority with respect to the water ublic school assignments at any time and assignments are levels therein. Purchaser further acknowledges and agrees that Seller ha, 'e- examined by the school board on an annual basis. Purchaser no control over water levels in the lakes, and /or fluctuations in grot Jges and agrees that Purchaser has not relied on any verbal or water elevations. As a result, the dry areas of the Community, includ resentations from Seller or its representatives with respect to but not limited to the Lot, will likewise fluctuate from time to time. signments and that Purchaser is responsible to make its own Therefore, Purchaser hereby releases Seller from and against any and all ion of school assignments and other matters related to the school losses, claims, demands, liabilities, damages, costs and expenses of whatever nature or kind (Including, without limitation, attorneys' fees and a costs at trial and all appellate levels), related to, arising out of and /or Isk of Loss. Seller shall bear the risk of loss p Packet Page -550- ing from water levels in the lakes within and around the Community. issession of the Home is delivered to Purchaser prior to closing. The provisions of this paragraph shall survive closing. ter event. the risk of loss shall be borne by Purchaser as of the 0— C.— PFFI ig Packet Page -551- 5/14/2013 11. D. rt, .1 `i 1 r� Packet Page -551- 5/14/2013 11. D. 5/14/2013 11. D. ' 00 V 001 r-0 �§ * N0W X� p °- v °> OZm �v0 �� v0 �� ono °v �O O m X D7o < 3W D r DccZ ° A 3r O r NC vp 2 D� m r m Wr p r <Z cn zl2o �� m� X� '(A nv z 0Z � mm � O ° v Packet Page -552- Z0 Zr M am M ;v Z D0 �O �n Om v, LA Packet Page -553- 5/14/2013 11. D. i, l; �a —' IMP ll��i�z r "Its y 4ETfdF /a ;?iii i e4i iii rfi +P 4= �r. t t J ? ��j+ Y� ✓ t ' y ,J: t" Y �Y { 11 } r Y Y y _. t .' r � .. I iM i.i9 kY :'$tea FY`., � "'a > +,�s�• �u!{�l�t� '. x. :) t ir k WE y ftli c �" - 112 qo Packet Page -555- 5/14/2013 11. 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O rD rf Ln =- n rD �u_�m '='• L o rD O Z O 0 o 0- <CD sU rD :3 _-+ Ln -+1 5/14/2013 11.D. ,a , i J p r 3' 1 o �u O r* O rip ��`�•N� =rp n ° r r-+ 0 CL W rD rD n O rD `G OCo O -h rD n rD � v rD o o rtl o DE0 ( rD < rD x �W : CLWWrt r+ — =7 rD CL ��0- Q :3 �-ntQ rD V e-+ n� cn 0 r-+ =3- O O. -+, � rrDD o n rt' m = r n n O rt -7 0 0 rD ,C = -v e- rD (D n 0 r-+ 0 rD O -ti Cc rj) W `< S < o3 < rD r+ rD W sv CAD O o- m n C `�' CD � r-r O = n cn rt 0 sv = rD O 0 o rn Ln rD rD N N o pu pj r+ � �� � �0� _.cO CD v) 0 0 0 �'. ° � (D rD rD -n n � I.. I Nq. r-+ C) Packet Page -567- r+ ro ro w CL ■ o M � N rD �rD 0 rD ,..r < rD n� o rD D(D = rD Co w rr) 0-0 X- 0 Ul Lo rD r* rD X 0 cn rD e-+ r+ = =5- :7 in v,' P o' y r+ -s rD rD Q rD rD T3 rD n. rD r* r+ (D �. 0. O rD rf Ln =- n rD �u_�m '='• L o rD O Z O 0 o 0- <CD sU rD :3 _-+ Ln -+1 5/14/2013 11.D. ,a , i J p r 3' 1 im _. rD c�0_+, � � n o CD Ln �* O n O C- 0 O rD _70 n rD 0 O � � ■ 0 CT O rD O _. Ln N r� rD o — *m 0-0 •—I CD r-* rD o 00 Lon ro 0 00 (D � rD —�0 r O 0 :3 zr CD rD �. Ln -v —• � (D ¢' 70 rD (D n N 0- -0 rD �0 . O UQ O .00 O u, O �. O CL Ln O O Ln O- rD V1 Packet Page -568- O � � Ln cA �Ln rD 5/14/2013 11.D. r 9 Fs; W r `�r `�r r i 0 ZZ- •J 0 0 Packet Page -569- 5/14/2013 11. D. n Pi 01< 0 0 n Pi N d 4 t+ 0 r • n Pi 01< 0 N 4 r • Sri s� 1 5/14/2013 11. D. Packet Page -570- Ew 'Sid ONGST Cr) `� F ,r tl ' fi r+ \ i+ im mz • Co ? _ Co re i1;� �t.lm i F. f gg 4 _ rD 7v (# E •K LA ! 6 rD I 3 I .. • -_ i Ike Packet Page -570- Ew Packet Page -571- ?013 11.D. �1 O O CRol C D rD rD n O CD n O AU 0 1001 Jy 'Ro. P� N 0 0 In Ln 6Jn *0 Lrl CD 0 0 C) 0 a I I I 0 0, tn -4 1 Qj a Packet Page -572- N 29 G) 0 5/14/2013 11. D. F G) 2T 0 n :E rD :3 • (D 0 (D w PU 00 rD rD rD rD > Z • Ln f-+ 0 'n • F G) 2T 0 n :E rD :3 (D n r� n O3 3 �D - r . . �p 70 r --� (D r(J,r, pjh C 0 <. O� (D FD �''� N n r*•�.� O N rD — o rD n n :3 O O O o. rD CD r= n 0 r-t :. < � (D n ZT M ID n — (D n r� n O3 3 �D - r 0 .. r O 0 rD W N rD O Packet Page -573- 5/14/2013 11. D. I O n fD r- • • 5/14/2013 11.D. Packet Page -574- 7C3 n r-t =I • rD =3 N 0 (D Q :3 r--r --% , n A' n O n rD rD m LA O rD rD Ln CL 0 rot � � S V) rr rD C �Q rD rD rD O C$7 rD 70 Cr r - rD n - "' O 3 rD N 3 Packet Page -574- 5/14/2013 11. D. • • • Q W n ^ ! 1 ® 3 �rD 0 0 �� -1 3 A� z z - . 'nom' O n (D o - -0 (D rD 9u. --% v' Ln Pi rr• ®a O frt O CL (D n -% O � --h -� O n =3 r*, �u O LCI :3 r =S7 < =57 O <. Ul C O rD C O rlt Packet Page -575- k 4ARBELLA LAKE c 5/14/2013 11.D. Packet Page -576- 0 I� wl �i � x m m-o z-0z �. 3 C/) a -DA C) Z 0 ;o ;y t, I i 0 I - , .. I} i x D I, Z �t i IQ 44 i0 Packet Page -576- v N m� -xi m D z -v C/) 0 Z 0 r r- r A z m .Y Packet Page -577- I m G) z 0 m n � I!. to -I 77 5/14/2013 11. D. 0- ry rD ® . Ln 0 N rot ®� N (D PD LA (D ®� s ■ o > -TI F- 5/14/2013 11.D. WO] Packet Page -578- r-L t 'moot 0 0 17-q ■ ■ CL 10 Packet Page -578- 'i Packet Page -578- 5/14/2013 11. D. Cn F �fl! Packet Page -579- W V) N 9u 5/14/2013 11. D. 1 1 agc -. Uw 0 Au rlt -P AM rD w 77 2 O O O n_ CD Ln 5/14/2013 11. D. 5/14/2013 11. D. 5/14/2013 11. D. r� Pi r-r (D -�1 t (D w O O O cQ (D Ln Packet Page -583- r • • n 0 3 7 Pi T x t Q Z� Oo 3 O r—r S c.n O t, s �O O N (D w O 5/14/2013 11. D. • • • y D S _. W 00 p 3 00 rD o X n P. CL V) Q �' p z (D CD 3 rD O � � -� N O Cam. L - A� CD r-f', 070 0 r"+ O z — pu Pi O O �, po r) X p 7 Pi CD _0 o UPI VI . Y� UP) Cll p ® . 0- O' C3' CD CC) X (� w U O� O T V rD Packet Page -584- 5/14/2013 11.D. Presentation to Collier County Commissioners: Prepared by Ed & Barbara Barr reflecting the concerns of the Marbella Lakes residents, and surrounding communities. Information was gathered from the following sources: ✓ Livingston Village PUD (Planned Unit Development) ✓ Collier County Metropolitan Planning Organization (MPO) ✓ Growth Management Dept. of Collier County (GMP) ✓ Florida Dept. of Transportation (FDOT) ✓ Collier County Neighborhood Traffic Management Program ✓ Collier County Transportation Engineering Dept. ✓ Collier County Land Development Code (LDC) • It is the purpose of the Board of County Commissioners of Collier County to establish the standards: To provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the GMP. • "Use of local streets by cut through traffic shall be discouraged ". (GMP) • It is the intent of Land Development Code (LDC) to be efficient in terms of time and expense, effective, and respectful for the rights of property owners and consideration of the interests of the citizens of Collier County. • "Preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of the county ". • "The projects primary access shall be from Livingston Rd. via an entry drive or public road located along the northerly property line of the subject property. A secondary access from Livingston Rd. shall be located approximately 660 feet north of the property's southerly boundary" Relocation of the access points to the PUD cannot be changed or refined. (PUD). There is no access from Livingston Road? • A study was conducted by Collier County between 2004 and 2006. an extensive public involvement effort was undertaken. A major public workshop was held in 2005. Why isn't there extensive public involvement today, now that large communities are completed? During this study, in 2006, Green Blvd. homeowners "bitterly protested" the possibility of the I75 overpass. (Naples Daily News) • GL Homes was responsible for building this road prior to or during construction of the Marbella Lakes community. • GL Homes conveyed the eastern roadway reservation area to the county in exchange for road impact fee credits of $709,000. This eliminated GL's obligation to build the road? • GL was aware of the future extension of Green Blvd. from Santa Barbara to Livingston and /or the future east west extension from Whippoorwill Lane to Livingston Rd. This was specified in the original PUD. ♦ There is talk of a 60 -unit development of homes to be built on Whippoorwill Ln. that requires this road to be built? Speculation has it that Stock Development Company is the developer? Our research indicates there have been several changes in ownership. Can the board clarify if this development is planned, and if it has any influence on the proposed extension of Whippoorwill? Packet Page -585- 5/14/2013 11. D. FDOT: "The increase in traffic intrusion, volume, and speeds on residential streets has degraded the livability standards of various neighborhoods in Florida and as a result many residents complain about their environment, noise, air pollution, livability, quality of life, traffic intrusion, excessive volume and speed of traffic, safety as well as safety of their children, pets, and property and physical characteristics " "absence of sidewalks, etc. "" Communities Concerns: ♦ Approximately 350 property owners in Marbella Lakes have signed a Petition opposing the road. ♦ Other communities are currently adding to this petition (Stratford, Wyndemere, Mariposa, etc.) ♦ On -line poll on www.crawe.org indicate over 85% - 90% are opposed to the road. Traffic Concerns: ♦ Significant added traffic on Marbella Lakes Drive (Whippoorwill) ♦ Potential of dangerous egress and ingress to Marbella Lakes community via only gate entrance available. ♦ Safeties of our children during school bus pick up and drop offs. ♦ Poor lighting. ♦ Lack of appropriate funds for needed curbs, sidewalks, bike lanes, etc. ♦ Concern about egress and ingress to Livingston Rd. from Marbella Lakes Dr. ♦ Need for added traffic controls on proposed road and Livingston Rd. Safety Concerns: ♦ Increased Traffic violations from Whippoorwill area. There are significant violations ranging from speeding to DUI's at the Pine Ridge and Whippoorwill location. ♦ New access to our communities from the Whippoorwill area will provide potential of added public safety. The reported crime of the Whippoorwill area from October 2012 thru February 2013 include breaking and entry, property damage, theft, trespassing, burglary, disorderly conduct, and stolen vehicles. ♦ Danger to pedestrian and bicycle travel due to increased traffic, poor lighting, and inadequate traffic control. ♦ Overall disruption to the "quality of life" we currently enjoy and based our decisions on to live in our peaceful, beautiful communities. Pollution Concerns: ♦ The proposed road will cause a significant increase in noise pollution. ♦ Road runoff will flow into the community lakes unfiltered. ♦ Car emissions will increase with the increase in traffic. ♦ The road will allow travel to trucks and other larger vehicles looking for short cuts, resulting in additional noise and air pollution. (Cut- Through traffic) This will increase due to proximity to I75. ♦ Environmental impact to the animals that currently live in the area where the road will be developed. (Eagles, and key deer have been spotted in the area) Recommendations: • Petition the county commissioners to stop the construction of this road. • Suggest that the county officials use the available funds to develop a more important county project in these financially difficult times, versus develop an underfunded road that is not currently needed, and that the vast majority of residents in the area don't support. • Suggest the county consider relocation of this road to land adjacent to the Naples Church of Christ (utility road). This would have much less negative impact, but "no road" is still preferred. Packet Page -586- 5/14/2013 11.D. Packet Page -587- tJ Packet Page -588- 5/14/2013 11. D. rA� i 1' i go L-LJ rD (D Qp 00 C) C) C) O ■ C) C) M o. Packet Page -589- It C) O )"I C) cn 5/14/2013 11.D. Ma M 0 m r) 0=4 0 0 O r-A O-A 0 O � C) C) C) M o. Packet Page -589- It C) O )"I C) cn 5/14/2013 11.D. Ma M 0 m r) 0=4 0 10. rQ rr Im !IJ !lj w y ;1* 11 0 In U to C2 LA 0 V, C3 0 fUi C3 b 6 0 U CD .CIO. 19 ,k-,o v'o Packet Page -590- 5/14/2013 11.D. . . . . . . . . . . 2-2 U3 rD �11 . . . . . . . . . . . rD -0 W Co (D I 7r (D e-t r 7' (m OD > r) e-t 7- < 3* ff 'a 0 CL ... m '0 0 O W r 5 3 'a CL N O33 9) Z HE r o � � o o ►� c� 0 0 n 0 n 0 0 0 CrQ CD a � n V o� � � o Packet Page -591- 5/14/2013 11.D. 4S � ^tY r.� �-y At o- N• s. O O �' rD � cn � CL n CD Packet Page -592- 5/14/2013 11. D. • 0'. w v y i m I kA k Packet Page -593- n rD o o �(D �71 rD 0 0 rD CD x Packet Page -593- rD o o �71 Packet Page -593- 5/14/2013 11. D. i w m n m �71 5/14/2013 11. D. i w m n m 5/14/2013 11. D. T� `'� 01:3 r' n � n c� ;j rt rt O—+ M rt t' n CL ■r c~n' M CD � rt rt CD *d • O m z FM Packet Page -594- ■ w On n 0 U4 n' ;1)- �, rD UQ O C n U4 CIO CD Packet Page -595- 5/14/2013 11. D. • s C7q N � On C rD n CD O rD On n 0 U4 n' ;1)- �, rD UQ O C n U4 CIO CD Packet Page -595- 5/14/2013 11. D. K� Packet Page -596- ti. rn 5/14/2013 11. D. - It rt rD ------------- — Cn m > 0 oz + -U _Cn 0 -u ;u 0 0 m > II Z II li 41 > F9 i t II io, 1 I+ LO I., rh Packet Page -597- 5/14/2013 11. D. - I n:w i5, w 01, CIO rwn f� Al C) Zz r4l �� �,r) �,® r) Packet Page -597- 5/14/2013 11. D. - I n:w i5, w 01, CIO rwn f� Al I n:w CIO rwn Al M" P"J. 5/14/2013 11. D. Packet Page -598- I w 60 � 0 0 O Cn M" P"J. 5/14/2013 11. D. Packet Page -598- I w 60 7�A s In F-11 � o n O fi CD n O n CD Packet Page -599- X U*) Cp 0 L v `•f 0 5/14/2013 11.D. - -..: M��M�k � •r��r z. y i i m z } t� I }µ `ag r Ali �1 p CD rD rD 0 n 0 0 R CD t �n 0 0 O � OG Crq OrG O rb cn O 0 m y Crq 0 ME v 0 O �D rD rD 0 0 Packet Page -600- 0 OrQ CD y n 0 rD 1 4 W, " 9 CD innaw rD rD Lo o CD O o n• PCs alp O V - st 3. '� �► ' Cop. �-,-, OF — CA Packet Page -601- Ali, 5/14/2013 11. D. - m go X -9 0 0 U) Packet Page -602- onq smum rD CD FD n OCLrD CL CL rD CD Sy �,, � CD CD n CD CD. ► -fin-.+ r4- CD rD ID CD.n CD rD CDC FD CL � (-D rD CD CD (Dcn CL �-t. �p rD CD O ,`� : Cn cn c1q �-� n� rD CD o Packet Page -603- — 5/14/2013 11. r C to m (A An Packet Page -604- 5/14/2013 11. D. - L r,., SE C m C m 9 C) D m x O c Lol m • U e e i y m a m Packet Page -605- M 1 t 5/14/2013 11.D.- Mai ;4 fA ..n rn a rn A� rn rn � LA O X ti rn rD C ►v a e-h O n O LA LA A?� r O � t� r*• i y m a m Packet Page -605- M 1 t 5/14/2013 11.D.- Mai ;4 fA �. rD � � O e-h A?� O � t� r*• O n i y m a m Packet Page -605- M 1 t 5/14/2013 11.D.- Mai ;4 fA CD (D W CD �. (D o CD ID n p CIS . C 4 M CD r�`417 CD �►• r) ► � r"'" � � � • � can � d M M o 0J• " r n C o � d Packet Page -606- 5/14/2013 11.D. - z� O z 3 m Z� r m 9 =111, I 7 3 fla:3 �n o n � o a � rD ►�(7Q O �- �D O rD � I rD CD rt Iwa. CD n � CAD rD rD CD CD rD `� v� CD • CD CD• n ID � n rD 0 M• $a. O O• CD Packet Page -607- f 5/14/2013 11.D.- t k I� C f t I t. x Vj If El CL OCD O � cn O rD C �n O � n � O n � d� CL up C Cp `C (D �D C. CD r+ ll� �D n 0 11 �- n O r- O �D �R O r? rD �D 5/14/2013 11. D. - Packet Page -608- 5/14/2013 11.D. Stantec WHIPPOORWILL LANE /MARBELLA LAKES DRIVE INTERCONNECTION TRANSPORTATION ANALYSIS COLLIER COUNTY TRANSPORTATION PLANNING DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34114 PREPARED BY: STANTEC CONSULTING SERVICES INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 APRIL 2013 Packet Page -609- 5/14/2013 11.D. ��##.�, Whippoorwill Lane /Marbella 4 sta Lakes Drive Interconnection To promote safe travel along the Marbella Lakes Corridor, it is our understanding that the County is considering adding eastbound right -turn and westbound left-turn lanes at the entrance to Marbella Lakes PUD and a traffic signal at Livingston Road. This connection forms an integral part of the collector network, therefore speed tables should only be considered as an option after the roadway is open, traffic normalizes, and enforcement or other remedies are considered ineffective. The proposed improvements by the County would be beneficial to the interconnected corridor. CONCLUSION The interconnection of Whippoorwill Lane and Marbella Lakes Drive is being proposed as a means to improve mobility to the residential and non - residential land uses within the Whippoorwill Lane and Marbella Lakes Drive corridors. Today, land uses along each corridor have only one route to access the regulated roadway network. By interconnecting the two local roads, enhanced access and circulation for area land uses will be achieved. To further enhance mobility the County intends to facilitate an interconnection from Whippoorwill Lane to /through the commercial areas along the south side of Pine Ridge Road west to Livingston Road. In combination all of these interconnections provide enhanced mobility to the residents in the Whippoorwill Lane and Marbella Lakes Drive areas, allowing them to travel to nearby destinations without having to travel along the arterial network. It should be noted that the MPO travel model used in this analysis is a "system model' encompassing all major collectors and arterials. Interconnections that are not currently incorporated in the model may not accurately account for traffic that may otherwise be diverted. As an example, had the study area been incorporated in the model as a single large -scale interconnected development, a larger internalization of traffic would be represented in the results. Absent that level of detail, we would assume that such internalization is not accurately represented by the model and that more internalization will take place as the interconnection of neighboring uses is achieved. The interconnection will correct the projected failure for the northern portion of Whippoorwill Lane. The interconnection corrects this deficiency by reducing the number of northbound left - turning vehicles at Pine Ridge Road by creating an additional access point for Whippoorwill Lane traffic to access the regulated roadway network at Livingston Road. The interconnection takes advantage of the underutilized Marbella Lakes Drive corridor without creating any capacity issues. The interconnection essentially generates no cut - through traffic. Intuitively, this makes sense because there would be no clear time or distance savings realized by a motorist traveling along the new interconnected local road route simply to bypass the Livingston Road /Pine Ridge Road 0 Packet Page -610- 5/14/2013 11. D. Whippoorwill Lane /Marbella SStaantK Lakes Drive Interconnection intersection. However; the interconnection will offer residential and non - residential land uses along Whippoorwill Lane and Marbella Lakes Drive an alternative to bypass the two congested intersections at Pine Ridge Road /Livingston Road and Pine Ridge Road/Whippoorwill Lane. Reducing the volumes at these intersections frees up additional capacity at the intersections which will benefit the overall operating conditions of the regulated roadway network. Given the benefits of interconnecting the Whippoorwill Lane and Marbella Lakes corridors, it is recommended that the interconnection be made. 10 Packet Page -611- 5/14/2013 11. D. Whippoorwill Connection Collier County Transportation Website Links: Whippoorwill Lane /Marbella Lakes Drive Interconnection Stantec Transportation Analysis: http:Hwww.coIliergov. net / modules /showdocument.aspx ?documentid =48062 Whippoorwill Lane Corridor Master Plan Study, June 2002 http: / /www.colliergov. net / modules /showdocument.aspx ?documentid =48070 Packet Page -612-