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Agenda 05/13/2013 Item #17BProposed Agenda Changes Board of County Commissioners Meeting May 14, 2013 Move Item 17B to Item 9C: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 2007 -46, as amended, the Wolf Creek Residential Planned Unit Development, PUDZA- PL20120000650, by increasing permissible number of dwelling units from 671 to 754; amending Ordinance 2004 -41, the Collier County Land Development Code by amending appropriate zoning atlas map or maps by changing the zoning classification of an additional 5± acres of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and by changing the zoning classification of an additional 16± acres from Palermo Cove PUD to Wolf Creek PUD; by revising development standards; by adding Exhibit A -1, the amended Master Plan for parcels lA through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels lA through 3A; by adding Table II, Development Standards for Parcels lA through 3A; and by adding deviations and revising developer commitments. The subject property is on the north side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida consisting of 189± acres; providing for repeal of Ordinance 2007 -03, the Scenic Woods Rezone; and by providing an effective date. (Companion PUDZA- PL20120000680: Palermo Cove) (Staff request due to letter of objection) Continue Item 16E4 to the May 28, 2013 BCC Meeting: Recommendation to approve proposed amendments to Ordinance No. 04 -52, as amended, Criminal History Record Checks and authorize Staff to advertise the amendments and return to the Board for final approval. (Staff s request) Move Item 16D7 to Item 11E: Recommendation to request authorization to advertise and bring back an Ordinance amending Collier County Ordinance No. 96 -84, as amended (Radio Road Beautification MSTU), to incorporate provisions to facilitate improvements to the Rich King Memorial Greenway within MSTU boundaries (Commissioner Henning's request) Continue Item 16A10 to the May 28, 2013 BCC Meeting: Recommendation to increase the collective annual limit for multiple contracts resulting from RFP #12 -5892, "Fixed Term Landscape Architectural Services" (Staff request) Proposed Agenda Changes Board of County Commissioners Meeting May 14, 2013 Page 2 Continue Item 16C2 to the May 28, 2013 BCC Meeting: Recommendation to authorize purchase of a new Case 580N Backhoe from Trekker Tractor LLC, in the amount of $65,050.07, utilizing the Florida Sheriff Association's State Contract #12 -10 -0905 (Staff request) Move Item 17C to Item 9D: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by removing approximately 16 acres from the Palermo Cove Residential Planned Unit Development (RPUD); and by changing the zoning classification of the herein described real property from a RPUD zoning district to a RPUD zoning district for a project known as the Palermo Cove RPUD, PUDZA- PL20120000680, by revising project development standards, adding deviations, adopting a new conceptual master plan, revising developer commitments and reducing the permitted number of dwelling units from 564 to 237 on property located north of Wolfe Road and west of Collier Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 115± acres; providing for repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former Palermo Cove RPUD; and by providing an effective date. (Companion PUDZA- PL20120000650: Wolf Creek PUD) (Staff request due to receipt of letter of objection) Move Item 17G to Item 9A: Recommendation to adopt an ordinance amending Ordinance No. 2003 -53, as amended, the "Collier County Ethics Ordinance." (Commissioner Coyle and Commissioner Fiala's separate requests) Move Item 17I to Item 9B: Recommendation to adopt an ordinance amending Ordinance No. 93 -72, as amended, the "Collier County Administrator's Ordinance." (Commissioner Coyle's request) Time Certain Items: Item 10I to be heard at 10:00 a.m., followed by Item 10G and 10H Item 11B to be heard at 11:00 a.m. Item 14B1 to be heard at 1:00 p.m., immediately followed by Item 11C Item 11D to be heard at 3:00 p.m. 5/14/2013 173. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2007 -46, as amended, the Wolf Creek Residential Planned Unit Development, PUDZA- PL20120000650, by increasing the permissible number of dwelling units from 671 to 754; by amending Ordinance Number 2004 -41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5± acres of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and by changing the zoning classification of an additional 16± acres from Palermo Cove PUD to Wolf Creek PUD; by revising the development standards; by adding Exhibit A -1, the amended Master Plan for parcels lA through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels lA through 3A; by adding Table II, Development Standards for Parcels lA through 3A; and by adding deviations and revising developer commitments. The subject property is located on the north side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard (C.R 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida consisting of 189± acres; providing for repeal of Ordinance Number 2007 -03, the Scenic Woods Rezone; and by providing an effective date. (Companion to PUDZA- PL20120000680: Palermo Cove PUD) OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner who is a contract purchaser, WCI Communities Inc., is asking the Board to consider an application for an amendment to the existing PUD zoned project known as the Wolf Creek Planned Unit Development (PUD). The subject property is partially developed with single family and multi - family buildings. The multi- family dwellings are within The Falls of Portofino Condominium complex, and the single - family homes are within the Black Bear Ridge subdivision. The property has been the subject of several previous zoning actions. The majority of the site, 147.69 acres, was originally rezoned from the Agricultural zoning district to a PUD in Ordinance #03 -45 on September 23, 2003. Subsequent to that action, on May 22, 2007, 20.27± was added into the project via Ordinance #07 -46. Ordinance #09 -34 amended Subsection 5.7, paragraphs "N" and "O" addressing changing transportation issues. The project is approved at 4 units per acre. The proposed changes are summarized below (taken from the application material): • Add the Scenic Woods RMF -6(4) zoned 5± acres into this project; • Add 16± acres from the Palermo Cove PUD project into this project: • Add Exhibit A -1 to show the new parcel designations; Packet Page -3909- 5/14/2013 173. • Add Table II, to incorporate development standards for the lands that are being added, which are Parcels 1A and 2B, and other lands within the PUD that the amendment applicant controls, which are 2A, 3A, and 1B; • Add Exhibit "D," Private Road Cross - Section for Parcels IA through 3A; • Add deviations that will be applicable to Parcels IA, 1B, 2A, 2B, and 3A; • Revise some developer commitments to address the added lands and the additional Exhibit A- 1; • Revise some developer commitments to remove outdated transportation commitments; • Revise a developer commitment to increase the amount of required native vegetation commensurate with the 21 acres of additional land; and • Revise a developer commitment to remove the parks and recreation playground requirement. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A -F rather than sections. To do so could create non - conformities in the existing development. Instead the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Packet Page -3910- 5/14/2013 17.B. Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed -Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This District is intended to accommodate a variety of residential and non - residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU /A) and limited to a maximum of 16 DU /A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU /A. The requested density is 4 DU /A. Please refer to the staff report prepared for the Collier County Planning Commission (CCPC) for a complete analysis of GMP issues. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion in the CCPC Staff Report. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the Conservation and Coastal Management Element (CCME). Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on March 21, 2013, and found that the criteria of Section 10.03.05.I and 10.02.13B.5 were met. By a unanimous vote (5 to 0) [Commissioners Midney, Keene and Brougham were absent) with the motion made by Commissioner Vonier and seconded by Commissioner Homiak, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to the PUD document: 1) The petitioner shall add an Exhibit E to the PUD document to show the Pristine Drive Cross - section; and 2) The petitioner shall revise the PUD document Section 2.4 to address the dwelling unit assignments for Parcels IA-3A; and 3) The petitioner shall revise the PUD document Section 3.4.A.4 to provide property development regulations for guardhouses and gatehouses; and Packet Page -3911- 5/14/2013 173 4) The petitioner shall revise the PUD document Section 3.4. Table II to correct the minimum rear yard setback for single family attached units from 0 or 7.5 feet to 15 feet; remove the word "building' from maximum building height; add a 15 -foot setback from the PUD Boundary and remove the sentence "the conceptual exhibit may be modified as needed "; and 5) The petitioner shall revise the PUD document Section 3A.F. for Deviation #5 to indicate that no thru traffic signs will be provided; and 6) The petitioner shall revise the PUD document Section 3A.F. for Deviation #6 to indicate this deviation was withdrawn by the applicant; and 7) The petitioner shall revise the PUD document Section 5.7.0 to reflect language agreed upon at the CCPC regarding the construction of Pristine Drive. These revisions have been incorporated into the PUD document that is included in the draft ordinance. One letter, from Portofino Falls Builders, Inc. was submitted at the CCPC voicing opposition to the proposed PUD language requiring improvements and extension to Pristine Drive. During the CCPC hearing, consensus was reached with a revised conditions Section 5.7.0. Furthermore, the CCPC requested that a formal agreement be drafted between the applicant and Portofino Falls Builders, Inc. to address the Pristine Drive improvements. Staff understands that the agreement is being drafted. Staff received an email on April 19, 2013, from the author of the Portofino Falls Builders, Inc. letter withdrawing opposition to this petition. Therefore this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: [Quasi-judicial, Four -fifths vote for approval] This is a site specific rezone from a RPUD Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Wolf Creek RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Packet Page -3912- 5/14/2013 17.B. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? Packet Page -3913- 5/14/2013 17.B. 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by Packet Page -3914- 5/14/2013 173. the County Attorney's Office. This item has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CC PC and further recommends that the Board approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application Backup Information 3) Ordinance Packet Page -3915- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 5/14/2013 17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2007 -46, as amended, the Wolf Creek Residential Planned Unit Development, PUDZA- PL20120000650, by increasing the permissible number of dwelling units from 671 to 754; by amending Ordinance Number 2004 -41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5± acres of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and by changing the zoning classification of an additional 16± acres from Palermo Cove PUD to Wolf Creek PUD; by revising the development standards; by adding Exhibit A -1, the amended Master Plan for parcels 1A through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels 1A through 3A; by adding Table II, Development Standards for Parcels 1A through 3A; and by adding deviations and revising developer commitments. The subject property is located on the north side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida consisting of 189± acres; providing for repeal of Ordinance Number 2007 -03, the Scenic Woods Rezone; and by providing an effective date. (Companion to PUDZA- PL20120000680: Palermo Cove PUD) Meeting Date: 5/14/2013 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 4/22/2013 11:20:42 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/23/2013 9:29:11 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Packet Page -3916- Date: 4/24/2013 9:59:51 AM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/25/2013 11:12:14 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/30/2013 12:46:30 PM Name: AshtonBeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 5/6/2013 2:27:39 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/6/2013 3:33:47 PM Name: KlatzkowJeff Title: County Attorney Date: 5/6/2013 4:21:44 PM Name: OchsLeo Title: County Manager Date: 5/6/2013 5:25:34 PM Packet Page -3917- 5/14/2013 17.B. AGENDA ITEM 5/14/2013 17.B. Coer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES- -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MARCH 21, 2013 SUBJECT: PUDZA- PL20120000650: WOLF CREEK PUD (COMPANION TO PUDZA- PL20120000680: PALERMO COVE PUD) PROPERTY OWNER & APPLICANT /AGENT: Contract Purchaser /Applicant: Agents: Barry Ernst, AICP Wayne Arnold, AICP Richard D. Yovanovich, Esq. WCI Communities, Inc. Q. Grady Minor & Assoc. P.A. Coleman, Yovanovich, & Koester, P.A. 24301 Walden Center Dr 3800 Via Del Rey Northern Trust Bank Bldg Bonita Springs, FL 34134 Bonita Springs, FL 34134 4001 Tamiami Trail North, Suite 300 Owners: Naples, FL 34103 Raffia Holdings of Naples, LLC Wolf Creek Holding of Naples LLC 13440 Parker Commons Blvd, Suite 103 265 Sevilla Ave Fort Myers, FL, 33912 Coral Gable, FL 33134 Raffia Holdings of Naples LLC owns all property except for Parcels 3B, 4, 5, 6, 7, 8 and 9 as shown on Exhibit A -1 attached. REOUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Wolf Creek Residential Planned Unit Development (RPUD). For details about the project proposal, refer to "Purpose /Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 189± acres, is located on the north side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. 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PURPOSE/DESCRIPTION OF PROJECT: The subject property is partially developed with single family and multi - family buildings. The multi - family dwellings are within The Falls of Portofino Condominium complex, and the single - family homes are within the Black Bear Ridge subdivision. The property has been the subject of several previous zoning actions. The majority of the site, 147.69 acres, was originally rezoned from the Agricultural zoning district to a PUD in Ordinance #03 -45 on September 23, 2003. Subsequent to that action, on May 22, 2007, 20.27± was added into the project via Ordinance #07 -46. Ordinance #09 -34 amended Subsection 5.7, paragraphs "N" and "0" addressing changing transportation issues. The project is approved at a 4 units per acre. No increase in density is proposed. The proposed changes are summarized below (taken from the application material): • Add the Scenic Woods RMF -6(4) zoned 5± acres into this project; • Add 16± acres from the Palermo Cove PUD project into this project: • Add Exhibit A -1 to show the new parcel designations; 0 Add Table II, to incorporate development standards for the lands that are being added -- Parcels lA and 2B, and other lands within the PUD that the amendment applicant controls - -2A, 3A, and 1B. - -- ---------------------------------- - - - - -- -- - - - - - -- - -ar f4:FtiYr p�ilr� � 1 � r "',4� ,� rr•I��r+as~ rw.wwc sec �.,.,5�, �xmH I I PFtR.f;- ... e.ia.M�J41 4 R l �F>A- 5=-..+ 4 X%V' ` USDA -4 }SCI, F52 I yg, PrIMI'I'm OMS- -44"t a� t I R 's>,>' /dki'r5 .�(� i?� AAKS1 T" lid WI M 1 I Fdi.°9ACIS1'Irt1. AVFR 'llyy�,,^ 1K1�11'll� +�'i i 1 I t°r7MK#.0 F+9A1 p/u,F3!t+4C';S:e RPU� I � 1K,.9EL:= tifi�s. 1 1 I R� n -__• rr• �Y�iNWVMAtiM' w!M+rw,!+wrlra+w+f��/r�snw'� +1� i - I I f R f. Cho .. S' .�!'r DFfYC I R f. 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Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A -F rather than sections. To do so could create non - conformities in the existing development. Instead the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of five new deviations. These deviations are discussed later in this report. SURROUNDING LAND USE AND ZONING• North: Wolfe Road and the undeveloped Palermo Cove PUD, approved at a density of 4.0 units per acre for a total of 524 units on 131± acres. Palermo Cove PUD is being amended as a companion to this petition to reduce the number of units from 524 to 237 and reduce the acreage to 115± acres with the 16 acres± being incorporated into the Wolf Creek PUD. East: Sonoma Oaks MPUD, an undeveloped project approved for a mix of commercial and a variety of residential uses and Mission Hills PUD, a partially developed commercial project. South: Carolina Village, a 15.88E -acre mixed use project with a zoning designation of MPUD whose residential portion was approved at a density of 4.03 units per acre; and Vanderbilt Beach Road. West: Island Walk DRI /PUD, a 705 acre project approved for a maximum of 2,100 residential units (approved at a density of 3.0 units per acre) and fifteen acres of commercial uses. PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3924- Page 3of18 5/14/2013 17.B. Aerial 'Photo `(the subject site, shown in blue, is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed -Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This District is intended to accommodate a variety of residential and non - residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU /A) and limited to a maximum of 16 DU /A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU /A. The requested density is 4 DU /A. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Access to the PUDZA- PL20120000650: WOLF CREEK PUD Page 4 of 18 March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3925- 5/14/2013 17.B. project has been provided via Wolfe Road, onto Collier Boulevard, and via [proposed] Pristine Drive, onto Vanderbilt Beach Road.) FLUE relevant policies are stated below (in italics); each policy is followed by staff analysis (in regular type within parentheses). Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Internal access has been provided onto and [by cross - access] through the neighboring use development, and Mission Hills commercial shopping center to help reduce vehicle congestion on nearby collector and arterial roads.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides interconnection between Wolf Creek PUD and Palermo Cove RPUD to the north by way of Wolfe Road, and is further depicted on the Master Plan that the developer of Palermo Cove PUD will extend Pristine Drive north of Wolfe Road. To the south, between the entrance of Wolf Creek PUD and Buckstone Drive, is an interconnection with the proposed roadway, Carolina Way. To the east, provides connection between Buckstone Drive and Mission Hills Drive which connects to Collier Boulevard (CR 951). To the west is the developed gated community of Island Walk PUD, where interconnection is not possible.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (This amendment reconfigures two adjacent existing residential planned unit developments of previously uniform density. With this PUD amendment, Wolf Creek and Palermo Cove provide a blend of densities from two to four residential units per acre. The PUD includes open space in the form of preserve areas and, recreational uses and facilities. The PUD permits several types of dwelling units — including single - family, two- family and multi- family, with minimum floor areas ranging from 1,150 sq.ft. to 1,400 sq.ft. This amendment requests deviation from the LDC Sidewalks, Bike Lane and Pathway Requirements to allow sidewalks on one side of the street only, in 3 of the northernmost tracts to be developed; nonetheless, the project does include sidewalks.) Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Planning staff has reviewed the petitioner's combined Traffic Impact Statement (TIS) for the companion items Wolf Creek and Palermo Cove. As the remaining developable rights for the two PUDs are being combined to form a single development using a common access point, the TIS was considered as a joint/combined study. The unit count for Wolf Creek is found to increase by 83 units; however the adjacent Palermo Cove decreases by 287 units. The total for the two developments is 991 dwelling units, a net reduction of 204 units below the previous total. The study indicates that there is a net decrease in the PM Peak Hour Trip Generation. Therefore the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3!5113 Packet Page -3926- Page 5 of 18 5/14/2013 17.B. planning period. Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 25 % of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The minimum preserve required of 34.26 acres is being provided. This meets the GMT requirement. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no outstanding environmental issues. This project is not required to be reviewed by the Environmental Advisory Council (EAC). The existing Wolf Creek PUD preserve area is 32.32± acres; the proposed preserve area is 34.26E acres. A total of 1.94 acres will be added; 1.54± acres from Palermo Cove PUD and 0.40± acres from the 5 -acre Scenic Woods parcel. The minimum preserve required of 34.26 acres is being provided. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues and is recommending approval subject to the Transportation Development Commitments contained in the RPUD Ordinance. Transportation Planning staff offers the following analysis of roadway issues. Vanderbilt Beach Road Discussion: The first concurrency link on Vanderbilt Beach Road that is impacted by this zoning amendment is Link 112.0, between Logan Boulevard and Collier Boulevard. This segment of PUDZA -Pt 20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3927- Page 6 of 18 5/14/2013 17.B. Vanderbilt Beach Road currently has a remaining capacity of 1,684 trips, and is currently at LOS "B" as reflected by the 2012 AUIR. Collier Boulevard Discussion: The first concurrency link on Collier Boulevard that is impacted by this zoning amendment is Link 30.1, between Immokalee Road and Vanderbilt Beach Road. This segment of Collier Boulevard currently has a remaining capacity of 1,067 trips, and is currently at LOS "C" as reflected by the 2012 AUIR. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The petitioner has added Table II that proposes Residential Development Standards for Parcels IA, 2A, 3A, 1B and 213, the parcels controlled by the current petitioner. This table provides standards for single - family detached, variable lot line for single - family and single - family attached units as well as for the Amenity Center. Those are the units types that can be constructed in the areas identified above. Comparing Table I that established the property development regulations for the other portions of the project with Table II, it becomes apparent that the lots and homes in these newly defined parcels can be somewhat smaller than what is currently allowed. Floor Area Minimum square footages however vary. The single family detached units would be 100 square feet larger (approved 1,400; proposed 1,500). The other unit types would be smaller. However, it is important to note that the proposed property development regulations are minimum standards; the petitioner can provide larger homes on larger lots if that is desired. According to the Collier County Property Appraiser's website, the homes already constructed are in excess of 2,000 square feet, with most over 2,500 square feet. Since no increase in density is proposed and the petitioner will only be placing these new units types in selected areas of the site —away from existing development, staff believes this amended project will be consistent with FLUE Policy 5.4 that requires new land uses to be compatible with the surrounding area. The surrounding area's zoning and land uses have not significantly changed since this project has been developing. The Surrounding Zoning and Land Use discussion on page 2 of the staff report and the Master Plan all reflect zoning and uses that have been in effect for years. Deviation Discussion: The petitioner is seeking approval of five new deviations from the requirements of the LDC. The deviations are listed in the PUD document in Section 3.4.F (previously approved Deviation 1 approved in Ordinance 407 -46 is to still remain in effect). Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: AOW PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3928- Page 7 of 18 5/14/2013 17.B. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... Deviation 1 was approved in Ordinance #07 -46. No changes to that Deviation are proposed as part of this amendment. Deviation 2 seeks relief from LDC Section 4.06.02, Buffer Requirements, which requires a 10 foot wide Type A landscape buffer between similar residential land uses to allow no buffer between commonly owned properties where indicated on the Conceptual Master Plan. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is justified in this PUD due to the common land ownership and development between the northern portion of Wolf Creek PUD and Palermo Cove PUD. Approval of the deviation will permit development of a unified development plan. The locations where no buffers are required is shown on the Conceptual Master Plan. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved with the limitation provided in the rationale, i.e., the deviation is only applicable "between the northern portion of Wolf Creek PUD and Palermo Cove PUD." (The boxed deviation #2 is also shown on the Master Plan Exhibit A -1 also.) However staff recommends that the trees that would be required in the buffer be planted elsewhere on site. Since Wolf Road will be a primary access point into the development, staff believes that it would be appropriate to relocate the trees along that roadway frontage. These trees would be in addition to any required trees. Staff is recommending approval of this same deviation in the companion request for Wolf Creek PUD with the same recommendation. Zoning and Land Development Review staff recommends APPROVAL of this deviation subject to the following stipulations: a This deviation approval is only gpplicable for that area between the northern portion of Wolf CreekPUD and Palermo Cove PUD; and b The trees that would be required in the buffer shall be relocated to the Wolf Road roadway. These trees would be in addition to any required vegetation; finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3929- Page 8 of 18 5/14/2013 17.B. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved with the Zoning and Land Development Review staff recommends APPROVAL of this deviation but the deviation approval is only applicable for that area between the northem portion of Wolf Creek PUD and Palermo Cove PUD findings that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 3 Deviation #3 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks to be constructed on both sides of local streets, to allow sidewalks on one side of the street only for private streets where identified on the Alternative Pathways Plan (see Exhibit D of the PUD Exhibits). Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is justified in this PUD due to the limited number of units authorized to be constructed within the amended portion of the Wolf Creek PUD (163 units). The sidewalk on one side of the roadway will also permit the developer to provide a streetscape more desirable to the residents of the community. Dual sidewalks will be provided along the private primary loop road within the community and public roadways. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved with the limitation provided in the rationale, i.e., "Dual sidewalks will be provided along the private primary loop road within the community and public roadways." The applicant has provided Exhibit D showing an Alternative Pathways Plan, that has been approve by Transportation Planning staff. Zoning and Land Development Review staff recommends APPROVAL of this deviation but the deviation approval is subject to compliance with Exhibit D finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 4 seeks relief from the former LDC Section Deviation 44 seeks relief from LDC Section 6.06.01.0, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road to allow a minimum 40' wide local road (See Exhibit C). Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation will allow the developer to provide all required infrastructure within a combination of dedicated right -of -way and easements. All roadways are intended to be private and within a gated community. A cross- section of the proposed internal private road is provided and has been successfully utilized in other communities. PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3930- Page 9 of 18 5/14/2013 17.B. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved subject to compliance with Exhibit C. It has been approved in numerous other PUD zoned projects such as the Brynwood Center PUD (PUDZ- PL2011- 0000406); Naples View RPUD ( PUDZ- PL20110001519) to 45 feet; Mirasol (PUDZ- A2012- 0000303) to allow a minimum right -of- way width of 40' for private local streets and 50' for private spine roads; Parklands PUD (PUDA- PL20110001551) to mention a few. ZoninF4 and Land Development Review staff recommends APPROVAL of this deviation, subject to compliance with Exhibit C finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 6.06.01.J, Street System Requirements, which limits cul -de -sacs to a maximum length of 1,000 feet to permit a cul -de -sac approximately 1,300 feet in length with appropriate no through signage. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The deviation will be limited to one cul -de -sac street within the PUD, and is warranted due to the configuration of the lake and preserve areas on the Master Plan. The County Engineer is authorized to grant this deviation administratively; however, the owner wishes to have certainty in order to proceed with engineering design. Appropriate signage indicating the cul -de -sac is not a through street will be provided. Staff sees no detrimental effect if this deviation request is approved, however in recognition of past CCPC recommendations, staff suggests that the following stipulation should be added to this approval: The developer, or successors and assigns, shall provide a stabilized emergency vehicle turn - around, meeting local fire prevention code criteria, approximately midway along the cul- de -sac. The petitioner has not sought relief (nor can he) from any fire code requirements as part of this zoning action, thus it is understood that compliance would be required. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the developer, or successors and assigns, shall provide a stabilized emergency vehicle turn - around meeting local fire prevention code criteria approximately midway along the cul -de -sac finding that in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.5.11, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3931- Page 10 of 18 5/14/2013 17.B. Deviation 6 seeks relief from LDC Section 5.06.02, Development Standards for Signs within Residential Districts, which only allows On- premises signs within residential districts, to permit one off - premise residential sign, if developer is able to obtain a sign easement and PUD amendment from the property owner of the Sonoma Oaks MPUD, located immediately south of the Wolfe Road/Collier Boulevard intersection. The sign area would be a maximum of 80 square feet, and be designed to be a ground mounted sign having the same sign copy and design theme as that permitted on the north side of Wolfe Road within the Palermo Cove RPUD. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation will allow the property owner to have residential entry signage located on both sides of Wolfe Road, which will allow appropriate visibility of the residential project. Because the area immediately south of Wolfe Road is located within another PUD locating a sign on both sides of the project entry is not possible unless it is placed off-site. Staff sees no detrimental effect if this deviation request is approved subject to the stipulation to require the Sonoma Oaks PUD to be amended to allow same. However, staff does not believe this deviation in the Wolf Creek PUD is required. A deviation was approved for the Longshore Lake PUD (Ordinance #09 -20) to allow and off -site sign for the Terafina PUD. Staff, however, can find no evidence to show that Terafina PUD had any language or deviation to address that off -site sign. As to the proposed sign size; and type, i.e., ground mounted; and the sign copy and design theme, those issues would be addressed as part of any amendment approval of the Sonoma Oaks PUD. Zoninz7 and Land Development Review staff recommends DENIAL of this deviation finding that the deviation is not necessary. FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff s responses to these criteria are provided in bold, non - italicized font] : PUD FindinLs: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff s responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3932- Page 11 of 18 5/14/2013 17.B. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the .property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. While the applicant proposed some additional property development regulations, the uses are not changing as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. PUDZA- PL20120000650: WOLF CREEK PUD Page 12 of 18 March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3933- 5/14/2013 17.B. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of eight deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). These new deviations will only be applicable to certain areas of the site. This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. (The overall PUD had three other deviations approved in Ordinance 907 -46. These deviations are to remain in effect for the entire PUD.) Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are Aft provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD with the exception of a small tract of land that is abutting the existing PUD boundary that is being added (the Scenic Woods RSF -6(4) zoned site). PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3934- Page 13 of 18 5/14/2013 17.B. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer (Developer Commitments). Staff believes the petition can be deemed consistent with all elements of the GMT if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or PUDZA- PL20120000650: WOLF CREEK PUD Page 14 of 18 March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3935- 5/14/2013 17.B. external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. H. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petition- etitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the majority of the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. PUDZA- PL20120000650: WOLF CREEK PUD Page 15 of 18 March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3936- 5/14/2013 17.B. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agents conducted a duly noticed NIM on December 6, 2012, at the Sheppard of the Glades Church on Rattlesnake Hammock Road for the two projects. Wayne Arnold, agent for the applicant, opened the meeting at 5:35 p.m. and introduced himself, Michael Delate and Sharon Umpenhour with Q. Grady Minor and Associates, P.A., and Richard Yovanovich with Coleman, Yovanovich and Koester, P.A., representing the owner /developer, Sean Martin with Waterman Development, representing the property owner and Kay Deselem, representing Collier County Growth Management. There were approximately thirty members of the public in attendance. Mr. Arnold introduced and explained the project as it exists and then proceeded to explain the proposed amendment requests. He stated that approximately 16 acres of the existing Palermo Cove RPUD would be removed from the Palermo Cove RPUD and incorporated into the Wolf Creek RPUD and the total number of dwelling units for the proposed Palermo Cove RPUD would be reduced to 237 dwelling units. He explained that the Wolf Creek PUD would increase the number of units from 671 to 754. Aerial photographs of the PUD's were displayed along with the existing and proposed Master Plans. It was also explained that a common development plan was intended for all properties owned by Waterman, and that only single - family dwellings would be built in these areas. A PowerPoint presentation was provided showing proposed and existing preserve areas, boundaries, acreages, maximum dwelling units and unified development of the PUD Mr. Arnold discussed the removal of the affordable housing commitment and removal of multiple - family uses from the proposed Palermo Cove RPUD and amended portion of the Wolf Creek RPUD. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding hearing dates, setbacks, construction access locations, building heights, product type, buffers and if the development would be age restricted. Mr. Arnold PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 3/5/13 Packet Page -3937- Page 16 of 18 5/14/2013 17.B. addressed the attendee's questions and also provided an explanation of the distinction between zoned and actual height and described variable lot line product type proposed. Mr. Arnold offered to provide any additional information if requested and to contact, Kay Deselem, Sharon Umpenhour or himself if anyone had further questions. The meeting was adjourned at approximately 6:05 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on March 1, 2013. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- A- PL20120000650 to the BCC with a recommendation of approval subject to the following stipulations: 1. Approve Deviation #2 subject to the following limitation: a. This deviation approval is only applicable for that area between the northern portion of Wolf Creek PUD and Palermo Cove PUD. b. The trees that would be required in the buffer shall be relocated to the Wolf Road roadway. These trees would be in addition to any required vegetation. 2. Approve Deviation #3 subject to compliance with Exhibit D. 3. Approve Deviation #4 subject to compliance with Exhibit C. 4. Approve Deviation #5 subject to the following limitation: The developer, or successors and assigns, shall provide a stabilized emergency vehicle turn -around, meeting local fire prevention code criteria, approximately midway along the cul -de -sac. 5. Deny Deviation #6 as it is not necessary. PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 315/13 Packet Page -3938- Page 17 of 18 PREPARED BY: f`f LL&4 f KA bESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: RAYNMNIfV. BELLOWS, ZONING MANAGER DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, INTERIM DIRECTOR DEPARTMENT OF PLANNING AND ZONING APPROVED BY: NICK fC, ASALANGUIDA -, ADMINISTRATOR GROWTH MANAGEMENT DIVISION / ,.�s L� DATE DATE 3—d —12 DATE 0-� DATE Tentatively scheduled for the May 14, 2013 Board of County Commissioners Meeting PUDZA- PL20120000650: WOLF CREEK PUD March 21, 2013 CCPC Revised: 2/25/13 Packet Page -3939- 5/14/2013 17.B. Page 18 of 18 5/14/2013 17.B. Wolf Creek RPUD Amendment Description of Why Amendment is Necessary The proposed amendment to the Wolf Creek RPUD is being requested in order to increase the size of the property by approximately 21± acres bringing the size of the PUD from 168± acres to 189± acres. The property is located within Urban Designation, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. The current PUD permits a maximum of 671 dwelling units and the proposed PUD will contain a maximum of 754 dwelling units at an overall density of 4 dwelling units per acre. The amendment is necessary to permit the developer of the northernmost portion of the Wolf Creek PUD to develop a common Master Plan with commonly owned property within the Palermo Cove PUD. A companion rezoning by the Palermo Cove PUD has been submitted, that PUD has a subsequent reduction of 287 dwelling units. The intent of the proposed revision is to modify a portion of the Wolf Creek PUD in order to permit the northernmost portion of the Wolf Creek PUD to be developed with a unified development plan with the neighboring Palermo Cove PUD. Both properties are under contract for purchase by one developer and the Palermo Cove PUD has submitted a concurrent and companion PUD amendment in order to permit the unified development. A separate conceptual master plan has been prepared for the northernmost portion of Wolf Creek, and the permitted uses and development standards have been tailored for this portion of the project. Only single - family development is proposed within the amended area of the project. Appropriate deviations have been requested which support the intended unified development plan. In order to achieve their desired plan, a portion of the Palermo Cove PUD (15 +1- acres) and the 5 acre Pristine Acres project are being added to the Wolf Creek PUD. The amendments result in a decrease in the acreage and number of dwelling units proposed to be built in the Palermo Cove project and an increase in the acreage and number of dwelling units to be constructed in the Wolf Creek PUD. The Wolf Creek PUD has been substantially developed with the Portofino Falls and Black Bear Ridge communities. We have provided information related to the native vegetation and listed species assessments for both PUD's and discussed compliance with the LDC and Growth Management Plan in the narrative below. FLUCFS mapping from the prior zoning approvals has been assembled and provided as part of this environmental assessment. The native vegetation preserve areas have been increased in both PUD's consistent with the requirement to preserve a minimum of 25% of the native vegetation on site. In both PUD's the minimum native vegetation requirement has been exceeded. The existing Wolf Creek PUD preserve area is 32.32± acres, the proposed preserve area is 34.26± acres. A total of 1.94 acres will be added, 1.54± acres from Palermo Cove PUD and 0.40± acres from the 5 -acre Scenic Woods parcel. The existing Palermo Cove PUD minimum preserve area is 14.2± acres, the proposed minimum preserve area is 12.65± acres. A total of 1.55± acres of preserve will be removed from Palermo Cove RPUD and added to Wolf Creek PUD Description of Why Amendment is Necessary (rev2).doc Page 1 of 1 Packet Page -3940- 5/14/2013 17.B. co� trier county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collierciov.net PRE - APPLICATION MEETING NOTES ❑ PUD Rezone.(PUDZ) [ PUD to PUD Rezone (PUDZ -A) ❑ PUD Amendment (PUDA) PL# FMA-Pla0130,ocn-OkgO Date: Jam_ Time: 33a Firm:G1t1 Project Name: P 010'M(D Coup Size of Project Site: j acres �./ Applicant Name: auac_ Amo(d Phone: 9 7 Owner Owner Address: Phon City State ZIP Existing PUD Name and Numberq .!/ - —,\ ! Assigned Planner_T\(Aq LV-�L_W- i►/1 Meeting Attendees: (attach Sign-in sheet) k'_'!1 " e&-- -,v. Meeting. Notes n wr- ,)nl i Packet Page -3941- sp J� -�� C. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CAR6 5/14/2013 17.B. :--, County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.colliergov.ne SCHOOL CONCURRENCY-m ..... ....... For information regarding the school concurrency application process, please contact the School District of Collier County - Students, Staff Projections, Allocations and Reporting Department at 239-377-0254. PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUNIBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE 'STANDARD REQUIREMENTS - I Additional set if located in the Bayshore/Gateway Triangle -Redevelopment Area) Copies of detailed description of why amendment is necessary -Completed Application (download from website for current form) PUD Document & Conceptual Site Plan 24" x 36" and One 8 V2" x copy ❑ -7 n I/?? Revised Conceptual Site Plan241" X 3 6' and Un& 6'/2 X-11 COPY F-1 I Original PUD document D -Revised PUD document with changes crossed ffim & underlined Revised PUD document w/amended Title page w/ord Vs, LDC 10.02.13.A.2 El Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 List ide-ntifyin Owner & all parties of corporation 2 �/ Owner/Affidavit signed & notarized 2 V11 Covenant of Unified Control 2 � -Completed Addressing checklist 2 V" Environmental Impact Statement (EIS) * or exemptioa justification 2 -Digital/electronic copy of EIS (copy for Planner & Environmental) 2 11istorical. Survey or waiver request 4 Utility Provisions Statement-wfsl eke 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver (with applicable fees) LakkzL., 7 -Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. sealed I"=200'), showing FLUCCS Codes, Legend, and project boundary 5 It INIP 7n11 Packet Page -3942- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION An"k C;ounty 5/14/2013 173. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (235) 252 -6358 www.coliiergov.net Electronic - y of-al- l documents-i - Werd- formax and plans- (CDRom EDC "Fast Track" must submit approved copy of official application 2 or Diskette) Deviations (must be on a separate Justification/Rationale for the �r sheet within the application material; DO NOT include it in the PUD V/ documents) Copies of Official Interpretations, and/or Zoning Verifications I, School Impact Analysis Application residential components) 2 I set for School District (residential components) ❑ Affordable Housing or.Economiic Development Council Projects EDC "Fast Track" must submit approved copy of official application 2 ❑Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. * *If project includes an Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by 1contacting the Collier County Housing and Human Services Department at 239 - 252 -2273. ❑ Check here if there are any Settlement agreement and agreement number. Agreements associated with this property. Indicate type of Aa cement ## ❑ Deltona ❑ Lely Barefoot Beach Route package to: The Conservancy, Attn: Nichole Ryan 1450 Menihue Dr., Naples, FL 34102 ❑ Port of the Islands Interlocal �i� If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. t If located within %Z mile of City f Naples send copy of submittal package to: bin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 u IMP )nil Packet Page -3943- 5/14/2013 17.B Coe county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier-gov.net IWNNER-- CRECK -1 -AJZK-BELOW -FOR A- D-D1TIONAL- REbiEWS: SCHOOL DISTRICT (residential corn onents ) Amy Taylor PARKS & REC — VICKY AHMAD SUPERVISOR OF ELECTIONS 1i / A l]-'' IMMOKALEE WATER/SEWER DISTRICT `T DR/EMI — EMER. MGMT — Dan Summers V UTILITIES ENGINEERING: PAULO MARTINS CITY OF NAPLES, Robin Singer, Planning Director �J j , BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT Executive Director CONSERVANCY, Nichole Ryan FIRE REVIEW: RICCO LONGO EMS —ARTIE BAY ENGINEERING: JACK MCKENNA V TRANS. PATHWAYS: ALISON BRADFORD eCOMP PLANNING: (SEE SIGN -IN SHEET FROM PRE -APP MEETING) �V, ENVIRONMENTAL: SEE SIGN -IN SHEET FROM PRE -APP MEETING Fees Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) R $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) ® Fire Code Review — New PUD Rezone $150, PUD to PUD Rezo $125 PUD Amendment $125 ® $2,250.00 Comprehensive Planning Consistency Review (---V ® $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ 500 r �] $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $L 50 Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transiportatiou Fees fer to Exhibit A): ❑ $500.00 Methodology Review Fee ' t�*Additional Fees to be determined at Methodology Meeting. Fee Total $ .IIINP 2011 Packet Page -3944- 5/14/201317.B. C� � eT Go�.-s�ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.9.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least I I. _t___ L_ AIIII seven (7) days prior to, but no sooner man rive (5) Clays oerore, the Nun. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS I _II Within 30 days of adoption of the Ordinance, the owner or developer Ispeciry named al III ckNcloo � lull record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. .II INF 2011 Packet Page -3945- 5/14/2013 17.B. Packet Page -3946- 0 N O -o m N U 0 0 co N O m N a� a o_ IL a v W. q N ui . t S CID r� — — Ch N — - _ L t�1 W = Oil U3 ui IL �' W m o N c ng N .. O i a U) L - F ^n+; (D W Z�. Q O - a Ln S G v u 2 Q V M \J 0% N I U N � 7 w Z N Q Q :E. s l 0 Z a Z -►- Ol V u.1 Z Z � �' tJ v Packet Page -3946- 0 N O -o m N U 0 0 co N O m N a� a o_ IL h r, 26. 2012 12:37PM COLLIER COUNTY GOVERNMENT GROWTH MANAGLMENT DIVISION/ PI,ANNING AKG REGULATION No. 0732 f 5/14/2013 17.B. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 PAX (239) 2525724 tNw'W.�v W ERGty1F.NE'ti` Please complete the following and fax to the opemtlons Department at 239 - 252 -5724 Or submit in person to the pry Addressing Cep artment at dtie above address. Form must be si red by kddressing oaraonnel arise ' appliG8tl4 adtln please allow 3 da orp or-e , Not all items will apply to every project_ Items in bold type are required. pOU0 NUMBERS MUST BE review and approval by the Addressing PROVIDED. Fauns older titan 6 rrtanths; will require additional Department rE n! N TYPI= (Indicate type below, complete a separate Addressing Cheekllst for 00h Petffion type) ❑ BL (Blasting Permit) ❑ SDP (Site bevelopmw t Plan) ❑ SDPA (80P Amendmont) ❑ BD (Seat Dock Extension) El CarnlvaUCirius Permit ❑ SDPI (insubstantial Change to SDP) [I CU (Conditional Use) (Excavation Permit) ❑ S1P (Site improvement Plan) SIPI staMW Change to SIP) F1 n mub g�(P FP (Final Plat ❑ SNR (Street Name Change) ❑ SNC (Street Name Chaoge— Unplatted) ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Flame Change) ❑ TOR (lranitat of Developmant Rlghts) ❑ PPL (Flans & Plat Review) C} PSP (Preliminary Subdivision Play ❑ VA (Vanalnve-) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone © VRSFP (VegetaEion Removal & Site Fill Permit) ❑ Rz (Standard Rezone) IN OTHER PtJ0 AMndff=t LS"GAL PESCRIPTION of subject property or properties (copy of lengthy descrlpflon may b$ 8tfEiclhedf Palermo Cove PUD and Wolf Greek PUD - see attached legals FOEJO (Property ID) NUMBER(s) of above (attach to, or 80501; Wte with, /8Pt description W more than one) See attached list STREET ADDRESS or ADDRESSES (as applicable if already assim eO 4525 WOLFE RD, 4295 WOLFE RD, and 4170 WOLFE RD A LOCATION MAP must be attached showing exact location of projectlsPte in retation to nearest public meld tight- Of-Way SURVEY (copy - needed only for unplatted propetties) PROPOSED PROJECT NAME (rf applicable) PROPOSED STREET NAMES (If applicabl(?) 81T1= DEVELOPMENT PLAN NUMBER (for existing prajecf03 as only) SDP - -- - -. -. - or AR or PL :9 Packet Page -3947- Mar. 26. 2012 12:38PM COL,I..IER COUNTY GOVERNMENT GROWTH MANAGE: mENT DIVIS16NI PLANNING AND REGULATION No 0752 F 5/14/2013 17.B. 2800 NOR114 HGR$ESHOE DRIVF- MPLES, FLORIDA 84144 (2{399) 252 -24DO FAX (239) 252 -6724 Yf tt If Y. . I A00.i1N1E Project ar develcoMeT t names proposed for, or already appearing in, condominium d6mments if application; Indicate whether proposed or wdsiing) Palermo Cove PUD and Wolf Creek PUD Please Check One: IN, Checklist is to be Faxed back D Personally Picked Lip APPLJCAW NAME: Q. Grady Minor and Associates, PA (attn: Sharon Umpenhour) PK0NE 239.947,1144 FAX 239.947.0375 Signature on Addressing Checklist does not constitute Project andfor Street blame approval and is subject to further review by the Cpera6ans Department. FOR STAFF USE 0NI,Y FLNT3umber(Primary) Folio Number Folio Number Approved Date— Updated fey: Date: IF OLDER T14AN 8 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -3948- Mar. 26. 2012 12, 38PM No. 0752 5/14/2013 17.B. PL -2012 -0654 (PUDA) & PL- 2012 -0580 Palermo Cove PUD and Wolf Creek PUb Amendments Folio Number: 00r 3360000 f Name: RAFFIA HOLDINGS OF WL SS LLC SbwO & Name: NO SITE ADDRESS Foro Number: 00203440001 Name: RAFFIA HCILDIMW OF NAPLES LLC 8tree1# & Name: NO SFMADD RESS Fo &a Number. 0020348DO03 " % Names RAFFIA HOLDINGS OF NAPLES LLG Street# & Navne_ NO SITS ADDRESS Folio Numb r, 00=720006 Mme, RAFFIA HOLDINGS OF NAPLES LLC Street# & Name; NO SITE ADDRESS f=olio Number. 0020O76DOOB Name: RAFFIA HOLDINGS OF NAPLES LLC Streets & Name: NO SITE ADDRESS FoUo,Numbcr.00203800907 i Name: WOLF CREEK NAPLES HOLDINGS LLC StmaW & Name: 4525 WOLFE RO Folio Number: 00204000000 `/ Dame: RAFFIA HOLDINGS OF NAPLES LLC Streetg & Name. NO SFM ADDRESS Folio Numkor. 00204 5UW9--/ N: WOLF CRICK NAPLES HOLDINGS Lt O Street# & Name: NO SITE ADDRESS Fo io Number: DO20340M09 Name: RAFFIA HOLDINGS OF NAPLES LLD StmaW & Name_ 42% WOL M RD , Z"rA llll7tYt 200M7 hC HIma: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folia Number: 00203WMD3 Nacre: WOLF CREEK NAPLES HOLDINGS LLC Strom & Name: NO SITE ADDRESS Folio Number: 00204720M Nama: WOLF CREEK NAPLES HOLDINGS LLC Street* & Name: 4170 WOLFE RD 00a-Z LA T% 0 100 Packet Page -3949- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.B. co +er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION ;FOR PUBLIC HEARING 'FOR: W AMENDMENT TO PUD (PUDA) F� PUD REZONE (PUDZ) - [l 'PUD TO PUD REZONE (PUDZ -A) PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT'INFORMATION NAME OF APPLICANT(S) WCI Communities, Inc. ADDRESS 24301 Walden Center Drive TELEPHONE # 239.947.2600 CELL # E -MAIL ADDRESS: barryernst @wcicommunities.com CITY Bonita Springs STATE FL ZIP 34134 FAX # 239.498.8617 NAME OF AGENT Q• Grady Minor and Associates, P.A. ADDRESS 3800 Via Del Rey CITY Bonita Springs STATE FL ZIP 34134 TELEPHONE # 239.947.1144 CELL # FAX # 239.947.0375 E -MAIL ADDRESS: wamold @gradyminor.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4, 2011 Packet Page -3950- 5/14/2013 17.B. Coi w County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collierciov.neflindex.aspx?paqe=774 NAME OF HOMEOWNER ASSOCIATION: Black Bear Ridge Property Owners Association Inc MAILING ADDRESS C/o SW Property Management, 1044 Castello Drive CITY #206, Naples STATE FL Zip 34103 NAME OF HOMEOWNER ASSOCIATION: The Falls of Portofino Master HOA, Inc. MAILING ADDRESS C/o Prime Management Group, 4651 Sheridan Street CITY Suite 480, Hollywood STATE FL Zip 33021 NAME OF HOMEOWNER ASSOCIATION: Island Walk Homeowners Association Inc. MAILING ADDRESS C/o SW Property Management, 1044 Castello Drive CITY #206, Naples NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY CITY Packet Page -3951- STATE FL ZIP 34103 STATE ZIP STATE ZIP February 4, 2011 5/14/2013 17.B. Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Disclosure of interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership Wolf Creek Naples Holdings LLC 100% Please See Exhibit 1 attached C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address I % of Ownership February 4, 2011 Packet Page -3952- 5/14/2013 17.B. Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier-gov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership WCI Communities Inc. 100% 24301 Walden Center Drive Bonita Springs, FL 34134 Please see Exhibit 2 Attached Date of Contract: 8/13/2012 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address February 4, 2011 Packet Page -3953- 5/14/2013 17.B. Co tlr County Af COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net g. Date subject property acquired ® 1212011 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: 8/13/2012 Date option terminates: N/A , or Anticipated closing date 5/15/2013 h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY'' LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - nnnUrnfinn mapfinn. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 34 148 /26 Lot: Block: Subdivision: Wolf Creek PUD Plat Book: Page #: Property I.D. #: See Exhibit 3 attached Metes & Bounds Description: Legal Description attached as Exhibit 4 Size of property: ft. X ft. =Total Sq. Ft. Acres 188.78 Address/general location of subject property: 4525 and 4170 Wolfe Road PUD District (LDC 2.03.06): 1❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial February 4, 2011 Packet Page -3954- 5/14/2013 173. Co ep County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range 34 /48 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Palermo Cove PUD Metes & Bounds Description: REZONE REQUEST . This application is requesting a rezone from the RPUD & RMF -6(4) zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Single Family Residential Original PUD Name: Wolf Creek RPUD Ordinance No.: 2007 -46 and 2009 -34 February 4, 2011 Packet Page -3955- Zoning Land Use N PUD Undeveloped S MPUD, ROW and E Undeveloped, Vanderbilt Beach Road and Residential E A, PUD Comcast Tower, Undeveloped and Mission Hills Shopping Center W PUD Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range 34 /48 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Palermo Cove PUD Metes & Bounds Description: REZONE REQUEST . This application is requesting a rezone from the RPUD & RMF -6(4) zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Single Family Residential Original PUD Name: Wolf Creek RPUD Ordinance No.: 2007 -46 and 2009 -34 February 4, 2011 Packet Page -3955- 5/14/2013 17.B. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.13) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Please see attached Exhibit 5 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see attached Exhibit 5 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth rnnnnnamr+nf nlnn. Mic ;c fn ;n�heelllnr ieipniifvinn whnf Ciejh- w1;c+r;r4 nnliry nr r%kar nrnvicinn ..' .......... .... — � . . I ... Z ., r......, r �............. allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) Please see attached Exhibit 5 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Please see attached Exhibit 5 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see attached Exhibit 5 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see attached Exhibit 5 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see attached Exhibit 5 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Please see attached Exhibit 5 February 4, 2011 Packet Page -3956- 5/14/2013 17.B. Wolf Creek RPUD Exhibit 5 Evaluation Criteria Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. The PUD Amendment proposes to add approximately 21± acres of land to the Existing Wolf Creek PUD, which will increase the total of the PUD from 168± acres to 189 ±acres. This PUD amendment will increase the number of dwelling units from 671 to 754 dwelling units and maintaining the overall density of 3.99 dwelling units per acre. The intent of the proposed revision is to modify a portion of the Wolf Creek PUD in order to permit the northernmost portion of the Wolf Creek PUD to be developed with a unified development plan with the neighboring Palermo Cove PUD. Both properties are under contract for purchase by one developer and the Palermo Cove PUD has submitted a concurrent and companion PUD amendment in order to permit the unified development. A separate conceptual master plan has been prepared for the northernmost portion of Wolf Creek, and the permitted uses and development standards have been tailored for this portion of the project. Only single - family development is proposed within the amended area of the project. Appropriate deviations have been requested which support the intended unified development plan. PUD Rezone Considerations (LDC Section 10.02.13.6) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Wolf Creek RPUD was approved by Ordinance Number 2007 -46, May 22, 2007. An amendment to the PUD was approved by Ordinance Number 2009 -34, June 9, 2009 which revised Subsection 5.7, Paragraphs "N" and "0" of Ordinance Number 2007 -46. The Wolf Creek RPUD is an existing and partially developed residential PUD and has available infrastructure in place to service the PUD as proposed. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant is under contract for approximately 49± acres of undeveloped land within the existing Wolf Creek RPUD and is adding approximately 21 acres to the PUD for a total of 70± acres. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub- district, policy or other provision.) Pagel of 2 Packet Page -3957- 5/14/2013 17.B. Wolf Creek RPUD Exhibit 5 Evaluation Criteria The Wolf Creek RPUD is located in the Urban Mixed Use District, Residential Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. The proposed density remains at 3.99 dwelling units per acre, which is consistent with the density rating system of the Future Land Use Element. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed single family uses are compatible with existing residential uses adjacent to the project. All areas previously shown as buffers near the perimeter of the project will remain in the revised PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The Wolf Creek RPUD master plan identifies preserve, lakes, buffers and open space which will meet the requirements of the LDC. No deviation from open space standards are proposed. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. Commitments are included in the PUD assuring infrastructure completion. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Wolf Creek RPUD is an existing PUD which is surrounded by zoned developed and undeveloped land. The Palermo Cove PUD located to the north is under common ownership and will be developed in conjunction with this portion of the Wolf Creek PUD. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD amendment proposes deviations necessary in order to develop the proposed Master Plan consistent with their commonly owned land located in the adjacent Palermo Cove RPUD. Other development regulations have been proposed which will apply only to lands owned by the applicant, which will insure no impact will result to existing or future development owned by others in the PUD. Only single family dwellings are proposed to be constructed within the commonly owned properties. Page 2 of 2 Packet Page -3958- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION( PLANNING AND REGULATION 5/14/2013 17.B. Cry er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes 9 No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes Q No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency„ has been made and the application is assianed a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) February 4, 2011 Packet Page -3959- 5/14/2013 173. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliemov.net PUD 'AMENDMENT (RUDA) - PUD REZONE (PUDZ) - PUD to _PUD' REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST W /rnvFO SuNOTC Amer M TO PAM SECTION_ NOTE_ INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS . . # OF COPIES . REQUIRED `NOT REOUIRE[ �7'� Y IJliln�• ,�'(' i ee`C 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary ❑ X El Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) ❑ p ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 1/2" x 11 " copy ❑ ❑X Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 1 1" copy ❑ X Original PUD doc ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD ❑ ❑X ❑ Revised PUD application with changes crossed thru & underlined ❑ ❑X ❑ Revised PUD application w amended Title page w ord #'s, LDC 10.02.13.A.2 ❑ ❑X ❑ Justification /Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) ❑ ❑ 0 Goptsf #fieTfollowiEtg',,, , ,z F. Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 ❑X ❑ List identifying Owner & all parties of corporation 2 ❑ I ❑ Owner /Affidavit signed & notarized 2 ❑X ❑ Covenant of Unified Control 2 Q ❑ Completed Addressing checklist 2 ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 ❑ Historical Survey or waiver request 4 ❑ ❑X Utility Provisions Statement w /sketches 4 ❑X ❑ Architectural rendering of proposed structures 4 ❑ Survey, signed & sealed 4 ❑ ❑X Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to http://www.colliergov.net/Index.aspx?pa.ge=566 7 0 ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1"=400' 5 ❑X ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 0 ❑ Copy of Official Interpretation and /or Zoning Verification 1 ❑ ❑X School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) 2 O ❑ If located in RFMU (Rural Frinae Mixed Use) Receiving Land Areas - Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. February 4, 2011 Packet Page -3960- v v �4r fib► �. s •A ORDINANCE NO. 07-___4f AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL (A) AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICTS TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO ADD 20.27± ACRES AND 117 DWELLING UNITS FOR A TOTAL OF 167.96± ACRES AND 671 DWELLING UNITS, AND AMEND THE ALLOWABLE USES AND THE MASTER PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD (C.R. 862), APPROXIMATELY ONE -HALF MILE WEST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 167.96± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 0345, THE FORMER WOLF CREEK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Larry Mayer Abbo, of Prime Homes at Portofino Falls, Ltd. and William L. Hoover, of Catalina Land Group Inc., both of whom are represented by David R. Underhill, Jr., Of Banks Engineering and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., 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 property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural Agricultural (A) and Planned Unit Development (PUD) Zoning Districts to the Residential Planned Unit Development (RPUD) Zoning District in accordance with the RPUD Document, attached hereto as Exhibit "A", incorporated herein and by reference made a part hereof The appropriate Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Wolf Creek PUD, PUDZ -A- 2005 -AR -7422 Page 1 of 2 Packet Page -3961- 5/14/2013 17.B. •i 5/14/2013 17.B. SECTION TWO: Ordinance Number 0345, known as the Wolf Creek PUD, adopted on September 23, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super- majority vote of the Board of County Commissioners of Collier County, Florida, this 22" day of , 2007. ATTEST: DWIGHT F -41 C� ;.CLERK Attest s taa:>ta than'' Ii 1 . Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA �71�; . • �.. -771 �1 • t�..< -t �Ct.`f ='�.� Mar ocie7M. Student - Stirling Assistant County Attorney Wolf Creek PUD, PUDZ -A- 2005 -AR -7422 Packet Page -3962- CHAIRMAN This ordinance filed with the Secretary of State's Office the M day of ,)Shpt: , 2bD77 _ and acknowledgement of that fiti �Lr g received this ll"t day of Boh� Page 2 of 2 5/14/2013 17. B. EXHIBIT "A" WOLF CREEK RPUD A RESIDFMIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., 0510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERINr 2515 NORTHBROOKE PLAZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RD FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED _ March 23 2005 DATE REVISED July 18.2006 DATE REVISED April 24. 2007 DATE REVIEWED BY CCPC ril 19 2007 DATE APPROVED BY BCC 2 �? ORDINANCE NUMBER 200 5 AMENDMENTS AND REPEAL _ a' - 4!5 Revised 5131107 to reflect BCC changes Packet Page -3963- TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION it PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS TABLE I RESIDENTIAL DEVELOPMENT STANDARDS Revised 5131107 to reflect BCC changes ii Packet Page -3964- 5/14/2013 17.B. PAGE 1 2 6 9 14 15 11 5/14/2013 17.B. LIST OF EXHIBITS AND TABLES EXHIBIT °A" RPUD MASTER PLAN EXHIBIT "B" RPUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Revised 513M7 to reflect BCC changes ;;i Packet Page -3965- 5/14/2013 17.B. STATEMENT OF COMPLIANCE The development of approximately 167.96 acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, 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 residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element.' 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance _ with the FLUE of the GMP based on the following relationships to required criteria: Base Density +4 dwelling units /acre Maximum Permitted Density +4 dwelling units /acre Maximum permitted units = 167.96 acres x 4 dwelling units /acre = 671 units. Requested dwelling units = 671, which results in a requested density of 3.99 dwelling units /acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. Revised W1107 to reflect BCC changes Packet Page -3966- SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 5/14/2013 17. B. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96± acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County Florida, subject to an easement for public road right -of -way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right- of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right -of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Gollier County, Florida, being more particularly described as follows: commence at south '/4 comer of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02 013'26" west, along the east line of the southwest '/ of said Section 34, for a distance of 2005.53 feet to the southeast comer of the north %2 of the northeast'/ of the southwest % of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89 051'58" west, along the south line of the north Y of the northeast % of the southwest'/ of said Section 34, for a distance of 1245.00 feet; thence run north 02 013'26" west, parallel with the east line of the southwest % of said Section 34, for a distance of 420.21 feet; thence run south 89 051'58" east, parallel with the south line of the north Y2 of the northeast '/< of the southwest % of said Section 34, for a distance of 1245.00 feet; thence run Revised 5131107 to reflect BCC changes Packet Page -3967- 5/14/2013 17.B. south 02 °13'26" east, along the east line of the southwest '/ of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right -of -way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right -of -way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Rnt thwact quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina Land Group, Inc., the manager of Woff Creek Estates, LLC, 3785 Airport Road North, Suite B -1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Lary Mayer Abbo, 21218 St. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina Land Group, Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B -1, Naples, Florida 34105. Revised 5139107 to reflect BCC changes 3 Packet Page -3968- 5/14/2013 17. B. 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately Y mile west of Collier Boulevard (C.R. 951), unincorporated Collier County, Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Collier County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a newer modular home was erected on Parcel 2 but recently was relocated off -site, a mobile home was previously on Parcel 8 but has since been relocated off -site, a single - family home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment will be accomplished by an on -site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre - treatment, and wetland hydrology maintenance. Revised 5131107 to reflect BCC changes - Packet Page -3969- 5/14/2013 17. B. Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 — Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine flatwoods, pine- cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." Revised 5131107 to reflect BCC changes 5 Packet Page -3970- SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 5/14/2013 17.B. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPJr) shall horn►„o part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", RPUD Master Plan. There shall be numerous land use tracts, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit "A ". 13. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent Revised 5131107 to reflect BCC changes Packet Page -3971- 5/14/2013 W.B. wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SDP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "A ", such easements as necessary (utility, private, semi - public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96± acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and /or condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A ", RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SDP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. Revised 5131107 to reflect BCC changes Packet Page -3972- 5/14/2013 17.B. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single- family dwellings (includes zero -lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi - family dwellings. B. Permitted Accessory Uses and Structures 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6_ Water management facilities. Revised 5131107 to reflect BCC changes 8 Packet Page - 3973 -,_ 5/14/2013 W.B. C. Interim Uses 1. The existing single - family home on parcel 10 shall be permitted for residential single - family land uses and customary accessory uses until construction is commenced on the parcel 10. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. 1�rr ti: _.ed 5131107 to reflect BCC changes 9 Packet Page -3974- 5/14/2013 17.B. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE- FAMILY SINGLE - FAMILY TWO - FAMILY AND MULTI- FAMILY ATTACHED DUPLEX TOWNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. 1,800 Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot Width (1) 50' Interior Lots 18' Interior Lots 80' Interior Lots (401) (2) NA Minimum Front Yard Setback (6) 60' Corner Lots 23'(3) (4) 25.5' Exterior Lots 23'(3) (4) 100' Corner Lots (50') (2) 23' NA Minimum Side Yard Setback (5) (6) (3) (4) 15'(3) 1 Story 0'& l2' or both 6' NA 0'& 6' or both 6' 7.5' 2 Story 0' & 15' or both 0' or 7.5' 0'& 7.5' or both 7.5' 10' 7.5' Minimum Rear Yard Setback (6) Principal Structure 20' 15' 20' 20' Accessory Structure 10' 10' 10' 10' Minimum PUD Boundary Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA 10' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve Area Setback Principal Structure Accessory Structure 25' 25' 25' 25' Minimum Distance Between Structures 10, 10' 10' 10' Main/PrincipaVAccessory 1 -Story 12' NA 12' 15' 2 -Story 15' 15' 15' 20' iviaziinum Heiab Principal Building Accessory Building 35' and 2 stories 25' 35' and 2 stories 35' and 2 stories 38' and 2 stories Minimum Floor Area /Clubhouse 35' 1400 Sq. Ft. 25' /Clubhouse 35' 1400 Sq. Ft. 25' /Clubhouse 35' 1200 25' /Clubhouse 38' Sq. Ft. 1150 S q. Ft. (1) May be reduced on cul-de -sac lots and lots along the inside and outside of curved streets by 25 %. (2) Minimum Iot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall have a 15 -foot minimum setback from all property boundaries of the recreational tract/lot. (4) The front yard setback for side - loaded garages may be reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double -wide driveways without the vehicles overhanging onto the sidewalks located at the edge of the right -of -way. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the unified principal structure. (6) In no instance shall there be an encroachment into a required landscape buffer. (7) Lake setbacks are measured from the control elevation established for the lake. Revised 5131107 to reflect BCC changes 10 Packet Page -3975- 5/14/2013 17.B. B. Natural Habitat Preserve Area Requirements: A minimum of 32.32 acres of natural habitat areas shall be provided on -site, including both the under -story and the ground cover emphasizing the largest contiguous area possible, as described in the LDC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards All proposed lighting, signage, landscaping and visible. architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed. All proposed roofs shall be finished in tile, metal, wood, or architecturally - designed shingles (such as Timberline). D. Signs Signs shall be permitted as described within the LDC, except for signage described within Paragraph 3A.H. E. Deviations 1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on- premises signs within residential districts to maintain a ten -foot setback from any property line unless placed on a fence or wail to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUD. This deviation will permit approximately half, of one double -faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A ") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10 foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety Revised 5131107 to reflect BCC changes I I Packet Page -3976- 5/14/2013 17.B. sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right -of -way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. Revised 5131107 to reflect BCC changes 12 Packet Page -3977- 5/14/2013 17. B. SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit 'A" RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on -site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on -site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Revised 5131107 to reflect BCC changes 13 Packet Page -3978- SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE 5/14/2013 17.B. The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of final plat, final SDP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. R� t isud 5131107 to reflect BCC changes 14 Packet Page -3979- 5/14/2013 17.B. 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) - Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right -of -way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SDP or plat approval. Revised 5/37/07 to reflect BCC changes 15 Packet Page -3980- 5/14/2013 17.B. 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. Ali other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended_ Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collector /arterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. Revised 5(31/07 to reflect BCC changes 16 Packet Page -3981- 5/14/2013 17.B. H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended from time to time, and with the Collier County Long - Range Transportation Plan. When ingress and egress improvements are determined, as necessary, right -of -way and compensating right -of -way shall be provided for and in conjunction with said improvements. J. All work within the Collier County rights -of -way or public easements shall require a right -of -way permit. K. All internal access ways, drive aisles and roadways, not located within County right -of -way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop road located around the Mission Hills development; that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. N. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right -of -way necessary for the two -lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right -of -way. The anticipated width of the right -of -way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project's boundary. Revised 5131107 to reflect BCC changes 17 Packet Page -3982- 5/14/2013 17.B. O. The developer shall start construction of Pristine Drive within one year of the approval of this RPUD rezone, and said roadway shall be constructed to County standards and accepted by Collier County through the normal acceptance process. Said roadway shall be complete within a maximum of two years from the approval date of this RPUD rezone. P. The developer shall design and permit, but not construct, a 30 -foot wide interconnection between the Island Walk development and Pristine Drive (fifteen feet to be provided by the respective property owners on each side of the shared boundary between the properties owned by Wolf Creek Estates, LLC, or its successor, and Prime Homes at Portofino Falls, Ltd., Builders LLC, or its successor). The interconnection design shall include 20 feet of pavement and one 5 foot sidewalk. The 30 -foot wide strip of land shall be granted as a public easement. Said interconnection requirement shall be completed, i.e., conveyed, designed and permitted within one year of the adoption date of this RPUD rezone. This connection road shall not constitute a road right -of -way for the purpose of calculating setback or buffering requirements. 5.8 PLANNING A. If during the course of site clearing, excavation or other construction activity a 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. 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on -site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SDP submitted after approval of this RPUD. B. Any development order approval having FLUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12 -year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational before the issuance of any CO for the permanent residential units. Revised 5131107 to reflect BCC changes 18 Packet Page -3983- 5/14/2013 17.B. , { „ • h E psi i TO a [ _ A gill � y6 r S Packet Page -3984- ®Q � K W=W %�MLMMAft Packet Page -3985- 9 5/14/2013 17.B. (r O 0 Z "U N O _z Z O 5/14/2013 17.B. L wr m rr[ Packet Page -3986- mrrun_r Fti.l � s �� wcrw a cn r. Co'm mo um A CC S� s p zn 19 L wr m rr[ Packet Page -3986- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007 -46 5/14/2013 17.B. Which was adopted by the Board of County Commissioners on the 22th day of May, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of May, 2007. DWIGHT E. BROCK " Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Martha Vergaia,' Deputy Clerk Packet Page -3987- 5/14/2013 W.B. Packet Page -3988- 5/14/2013 17.B. 262728 �' Nti `� - \ ORDINANCE NO. 09 " 34 N N W c4 AN ORDINANCE OF THE BOARD OF COUNTY tep v COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 07 -46, WOLF CREEK 49`5�V1 etZL1��R� RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD BY AMENDING THE COVER PAGE; BY AMENDING _ SECTION 5.7, PARAGRAPHS "N" AND "O ", FOR PROPERTY LOCATED ON THE NORTH SIDE OF _ VANDERBILT BEACH ROAD (C.R. 862), APPROXIMATELY ONE -HALF MILE WEST OF COLLIER BOULEVARD (C.R 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 167.96 t ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 22, 2007, the Board of County Commissioners approved Ordinance No. 07 -46, which established the Wolf Creek Residential Planned Unit Development (RPUD); and WHEREAS, William L. Hoover, President of Catalina Land Group, Inc., the Manager of Wolf Creek Estates, LLC and Buckstone Estates and Larry Mayer Abbo, Vice - President of Prime Homes at Portofino Falls, Ltd., all of which are represented by William L. Hoover of Hoover Planning and Development, Inc. and Richard Yovanovich of Goodlette, Coleman, Johnson, I �vaiov,Ch M nn�stc�, r.A. aiiu .iu� 1 r�uiii ui ua- viuson Engineering petitioned the Board of Collier County Commissioners of Collier County, Florida, to amend Ordinance 07-46, the Wolf Creek Residential Planned Unit Development. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO THE COVER PAGE OF ORDINANCE NO. 0746, WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT. The Cover Page of the Residential Planned Unit Development previously attached as Exhibit "A" to Ordinance 07 -46, the Wolf Creek RPUD, is hereby amended to read as follows: Words stAelc-AreuO are deleted; words underlined are added. Wolf Creek RPUD, PUDA- 2008 -AR -13801 Page 1 of 3 Revised 4/23/09 Packet Page -3989- 5/14/2013 17.B. EXHIBIT "A" WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 -3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 PREPARED BY: BANKS FsNGP�EERD�G HOOVER PLANNING & DEV., INC. 21-51-5 PLAZA DRA 3785 AIRPORT ROAD N., SUITE 280 BB =1 NAPLES, FLORIDA 341 - 1134105 ilm- . . . . . . . . . . . . • . .. . and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN, & JOHNSON, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED DATE REVISED September 5, 2008 DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 289345 AMENDMENTS AND REPEAL 03- 45.07 -46 Words stmek tlwettgl3 are deleted; words underlined are added. Wolf Creek RPUD, PUDA- 2008 -AR -13801 Page 2 of 3 Revised 4/23/09 Packet Page -3990- 5/14/2013 17. B. SECTION TWO: AMENDMENT TO SECTION 5.7, ENTITLED "TRAFFIC ", PARAGRAPHS "N" AND "O" Subsection 5.7, Paragraphs "N" and "O" of the Residential Planned Unit Development previously attached as Exhibit "A" to Ordinance 07-46, the Wolf Creek RPUD, are hereby amended to read as follows: N. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right -of -way necessary for the two -lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right -of -way. The anticipated width of the right -of -way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project's boundary. There are existing SDPs and plats within the PUD issued to individual developers within the PUD. No further Certificates of Occupancy or development orders shall be issued to any individual developer within the PUD within an already approved SDP or plat until that individual developer conveys all of the right of way for the portion(s) of Pristine Drive owned by that individual developer whether the ri ght of way is located within an approved SDP or plat or located outside of an approved SDP or plat I No further SDPs or plats shall be approved for any individual owner within the PUD until Pristine Drive from its current terminus to Wolfe Road is under construction and all of the necessary ri ht of way has been dedicated. No Certificates of Occupancy shall be issued within new Site Development Plans and/or Plats until Pristine Drive from its current terminus to Wolfe Road is substantiall complete. CTi !'TilIAT TaUL`L'. T.`L`T. T. !°TIr TG� T A TLS ui:,t�liVlt 1•-•�. n.L+: r.r r r. l.11 Vir LH1r. This Ordinance shall become effective upon filing with the Department of State. THIS ORDINANCE ADOPTED after motion, second and super - majority vote favoring same this 9'- day of l r) , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DW7>1T.E: BRCCICz F1�erk COLLIER C LINTY, FLORIDA By' By: u Clerk DO A FIALA, Chairman Approved as to fon-ri and ThIs or&name filed with the legal sufficiency: o� -�+R�� w1le af�✓�C and aekwwledgem Qf&nt Steven T. Williams f;l received this 'y Assistant County Attorney S y` �,TS-O� of Words lei are deleted; words underlined are added. Wolf Creek RPUD, PUDA- 2008 -AR -43801 Page 3 of 3 Revised 4/23109 Packet Page -3991- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009 -34 5/14/2013 17.B. Which was adopted by the Board of County Commissioners on the 9th day of June, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of June, 2009. DWIGHT E. BROCK Clerk of Courts. aald! �ll§rk Ex- officio to Board of County Commissioners' 1 F i By: Ann Jennej olii`''ij'i`V ...' Deputy Clerk Packet Page -3992- iNSTR 4642535 OR 4751 PG 682 RECORDED 12 /29/2011 12:40 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $3,500.00 REC $44.00 CONS $500,000.00 THIS INSTRUMENT PREPARED BY: MICHAEL A. DURANT, ESQUIRE CONROY, CONROY & DURANT, P.A. 2210 Vanderbilt Beach Road Suite 1201 Naples, Florida 34109 AFTER RECORDING RETURN TO: Ricardo L. Fraga, Esq. Greenberg Ttaurig, P.A. 333 Avenue of the Americas Miami, Florida 33131 Parcel I.D. #: See Exhibit "A" Space above this line for recordinc data WARRANTY DEED THIS WARRANTY DEED is.,m4ea- v Estates, LLC, a Florida limited i'11 ' ' coy any, w Naples, FL 34107 and Buckstone mss, LLC, a Florida limi+ address is P.O. Box 771251, apl ,czFE-- 34-h07 colle�iveiy, Holdings, LLC, a Florida limited 00i4y c pany vhos Commons Blvd., Suite 103, Fapt Mkpm;zF{.. i( r� 5/14/2013 173. 4 ecernber, 2011, between Wolf Creek :t, office address is P.O. Box 771251, d h�bility company, whose post office Grantor "), and Wolf Creek Naples e_ ost pffice address is 13440 Parker That said Grantor, for consideration of th um f 3'es�nd 00 /100 Dollars ($10.00), and �. L other good and valuable conside""n o said Grantor in h n id%Fxi id GrantPP tha tvrPint ♦vhoronf .o - --�r� ..T•r .... ..........v, w.. ate. .�..Yl ♦r 1�.1 \.vt IJ hereby acknowledged, has granted, ( r ed and sold to the sa Catee, and Grantee's heirs and assigns forever, the following described land, , and bei.r County, Florida, to-wit: See Exh�>,x ed hereto Subject to the Exceptions referenced in Exhibit B attached hereto, however this reference shall not act to reimpose the same. TO HAVE AND TO HOLD, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Grantor and Grantee are used for singular or plural as context requires. [signatures on the following page] Packet Page -3993- oR 4751 PG 683 5/14/2013 17.B. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered: 4;4ij� Print Name: STATE OF FLORIDA COUNTY OFCOLLIER Wolf Creek Estates, LLC, a Florida limited liabili c p By: Grady Minor Its: Manager R COO /`l✓ Estates, LLC, a Florida limited liabili ompany t bl ice-- -� 0 rad Minor s: a age. B �` anaeael D. Moore The foregoing instrument .vas acknowledged before me this 2 -2-4ay of 201I, by Q. Grady Minor, as Manager of Wolf Creek Estates, LLC, a Florida limited liability company on behalf of the company, who has executed this instrument and [ ] who is personally known to me or [ ] who has produced , as identification. My Commission Expires: Signature (Type or print Name of Acknowledger) Packet Page -3994- �t K M1ComMLc$ Mi EEt.3W �€ EXPIRES: j=Wy Z7,2016 i»t;,•� BMW 71mnH YPdoundrwAten (Type or print Name of Acknowledger) Packet Page -3994- OR 4751 PG 684 STATE OF FLORIDA COUNTY OFCOLLIER 5/14/2013 17.B. The foregoing instrument was acknowledged before me this 22�day of e/ , 2011, by Michael D. Moore, as Manager of Buckstone Estates, LLC, a Florida limited liability company on behalf of the company, who has executed this instrument and [ ] who is personally known to me or [ ] who has produced , as identification. My Commission Expires: — "~ W AELA.DlR WT Signature 4 My0Wz=tEE13M �RES.annary27.2016 .' eo.,a,an,,,,NftYP,aku (Type or print Name of Acknowledger) STATE OF FLORIDA COUNTY OFCOLLIER The foregoing instrul 2011, by Q. Grady Minor, company on behalf of the c to me or [ ] who has produced My Commission Expires: \(7), t� 1 cknowledae�dle or m h' M1di RA (Type or p W00mm&M#EE1 x et.�� EXPIRES:January27.2016 ; fF C1W BotMd nn Nowy Pubic IAid W*M Packet Page -3995- ^°kday of e a Florida limited liability snd [ j Nvho is personally known Acknowledger) OR 4751 PG 685 Exhibit A Legal Description 5/14/2013 17.B. Parcel 1: The West 330 feet of the West 660 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 2: The South V2 of the Southeast 'A of the Northwest '/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 3: The South '/2 of the Southwest '/4 of the Northwest '/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 4: The North '/Z of the Northeast '/a of the Southwest '/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and excepting A parcel of land located in the Southwest 1/4 of Section 34, Township a 26 East, Collier County, Florida, being more particularly described as fol South 1/4 comer of Section 34, Township 48 South, Range 26 E ier County, ence run North 02 °13'26" West along the East line of the So utl we ' A of said Section 34, 'or a 'stance of 2,005.53 feet to the Southeast comer of the Nort h /1/2 fg No of the So hwest 1/4 of said Section 34 and the Point of Beginning t azcel o herei descri ed; thence run North 89 °5 P58' West along the $outh line f t o 1 o e 14 the Southwest 1/4 of said Section 34, for a distance o 1 5. 0 et e c N 0 '13 26" West, parallel with the East line of the Southwest 1 ' o- s ' ec ' 4, a di a 0.21 feet; thence run South 89 051'58" East parallel wi South line of th�or�h �/2jf the Northeast 1/4 of the Southwest 1/4 of said Section` r a distance of 5 b(y , thence run South 02 °13'26" East along the East line of the 11, fifth st 1/4 of said �e� ' 34 for a distance of 420.21 feet to the Point of Beginning. � ' C Parcel ID Nos.: 00203600003; 00203800007; 00204360009; 00204720005 Packet Page -3996- * ** OR 4751 PG 686 * ** EXHIBIT B Title Exceptions 5/14/2013 17.B. Taxes and assessments for the year 2012 and subsequent years, which are not yet due and payable. Rights of Barron Collier, Jr., & Barbara M. Collier, his wife and Miles Collier, & Isabel U. Collier, his wife and all persons claiming by, through or under same, by virtue of the reservation of the oil, gas and /or minerals lying within the lands described in Schedule A, as contained in Deed, recorded October 5, 1953, in Deed Book 30, Page 91, as affected by that Deed recorded in Official Records Book 160, Page 39, and as affected by that Oil, Gas and Mineral Deed recorded in Official Records Book 4393, Page 2345, and as affected by that Affidavit recorded in Official Records Book 4415, Page 2629, and as affected by that Corrective Affidavit recorded in Official Records Book 4419, Page 1279. Rights of Brace Corporation and all persons claiming by, through or under same, by virtue of the reservation of the oil, gas and/or ply . n the lands described in Schedule A, as contained in Deed recorded in DS�4 ected by that Deed recorded in Official Records Book 51, Page 82, and,fh�t ed recorded in O�fi�f`a 'ccords Book 160, Page 39. Easement(s) granted to United je ne OompmK 903, Page 473, and in Offi�w eco�rdcs Bo Pag Terms, covenants, conditions d high y a� and Final Order recorded i esQ4r�o Terms and conditions of thd,sC�1'ccess and Utility East ^ --- non cs-_:_i n--- non rage YAu, i(1 0111cia1 mecur K -)J.J 1, rage YOY, Official Records Book 3800, , and recorded Access and Utility Easements recoftQdYnaviaAw Records Book 3789, Page 246, and in Officla ecord! 74. I , p g� in Official Records Book Stipulated Final Judgment in Official Records Book 3537, DrUS 1n0- 15K -1J.3%, rage YYB, in rds Book 3 86 1, Page 2801. Kedbrds Book 3537, Page 1009, in Official Book 3789, Page 260. Cost Sharing Agreement for the Development of a Shared Access Road recorded in Official Records Book 3635, Page 1672, as affected by those assignments recorded in Official Records Book 3667, Page 2022, and in Official Records Book 3797, Page 2115. Terms and conditions of that Drainage Easement recorded in Official Records Book 3800, Page 1646. Developer's Agreement recorded in Official Records Book 3833, Page 1676. Access and Utility Easement recorded in Official Records Book 4039, Page 1145. County Resolution No. 2010 -168 recorded in Official Records Book 4610, Page 2307, and County Resolution No. 2011 -150, providing the assessment roll for Solid Waste Municipal Service Benefit Unit, Service District No. 1, recorded in Official Records Book 4721, Page 1527. Packet Page -3997- 5/14/2013 17.6. Wolf Creek PUD Amendment Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Wolf Creek Naples Holdings LLC 13440 Parker Commons Boulevard, Suite 103, Fort Myers, FL 33912 Officers /Stockholders Percentage of Stock Mauricio Cayon, Manager yp of 3857 W 16 Avenue b Hialeah, FL 33012 Martin Caparros Jr., Manager 16400 NW 59 Avenue �O Miami Lakes, FL 33014 Robert S. Barber, Manager 13440 Parker Commons Blvd #103 n( Fort Myers, FL 33912 Page 1 of 1 Packet Page -3998- 5/14/2013 17.B. Wolf Creek PUD Amendment Exhibit 2 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation WCI Communities, Inc. 24301 Walden Center Drive, Bonita Springs, FL 34134 Officers David Fry, President and CEO Russell Devendorf, Vice President and CFO Vivien Hastings, Senior Vice President and Secretary Doug Schwartz, Senior Vice President Paul Erhardt, Senior Vice President John Ferry, Vice President WCI Shareholders Percentage of Stock Monarch b7S,464 39.7S5o Stonehill 569,166 32.65% RBS & Kelts 103,886 5.96% Regiment 97,064 5.57% Trilogy 50,791 2.91% Creditors Trust 47,500 2.72% Eaton Vance 40,037 2.30% Directors & Officers 36,144 2.07% Compass Bank 26,474 1.52% Spectrum 25,313 1.45% KBC Bank 19,855 1.14% Bank of America & Merrill Lynch 14,767 0.85% Invesco 13,090 0.75% Cedarview 6,383 0.37% Frontier Ridge 6,105 0.35% Morgan Stanley 4,575 0.26% Cetus 3,049 0.17% JP Morgan 2,450 0.14% Balance of CEDE & Co 1,128 0.06% 1,743,241 100.00% Page 1 of 1 Packet Page -3999- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION AFFIDAVIT 5/14/2013 17.B. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 WW'W.colliergov.net We /I, Wolf Creek Naples Holdings LLC being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Q. Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A. and WCI Communities Inc. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner ure of roperty O ner Yv t+ CV-w.k N!�4t43 Auw ►-4-+i L-C Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this k 5 day of atAt�bem- , 2012, by who is person ly known to mg or has produced as identification. =Pq,�.Notary ublic State of Florida Garc ia mission DDS92014 08!18/2013 Packet Page -4000- (Signature of Notary Public) (Print, Type, or Stamped Commissioned Name of Notary Public) February 4, 2011 5/14/2013 17.B. C Kiev County COLLIER COUNTY GOVERNMENT 2804 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 =6358 WWW.colliergov net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers 00204360009 .00203800007.00203600003. and 00204720005 located at 4525 and 4170 Wolfe Road. Naples, FL (street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (RRPUD) zoning. We hereby designatp 0. Grady Minor and Associates. P.A. and Coleman. Yovanovich and Koester. P.A. and WCI Communities Inc., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is deliverer to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit: development. Owner Printed Name STATE OF COUNTY OF' -- ) Printed Name t� Sworn to (or affirmed) and subscribed before me this i 5 day of O t1'V06 A-,C - 2012, by &At ��►- t.►,+► -l. �.�- who is n;annally known rn *++,for has produced as identification. r a Notary Public State of Florida r° Maria D Garcia w < My commission DDS92014 ' +q OP gxplres 06116/2813 Notary Public (Name typed, printed or stamped) February 4, 2011 Packet Page -4001- OR 4751 PG 685 Exhibit A Legal Description 5/14/2013 173. Parcel l: The West 330 feet of the West 660 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 2: The South %2 of the Southeast '/4 of the Northwest '/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 3: The South %2 of the Southwest '/4 of the Northwest '/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida Parcel 4: The North %2 of the Northeast %4 of the Southwest '/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and excepting A parcel of land located in the Southwest 1/4 of Section 34, Township X26 East, Collier County, Florida, being more particularly described as fol f �.. ySouth 1/4 corner of Section 34, Township 48 South, Range 26 E ier County, F`lo thence run North 02 °13'26" West along the East line of the Sou f' �/4 of said Section 34, or a istance of 2,005.53 feet to the Southeast corner of the Nort}} 1/2 � oi�east , ,of th \�So�hwest 1/4 of said Section 34 and the Point of Beginning - arcel o herein descriyed;'4hence run North 89 15 1'58' West along the South line t o o e IV4 the Southwest 1/4 of said Section 34, for a distance o 1 5. 0 et t etc N 02�° 13126" West, parallel with the East line of the Southwest I e . 3`4, a di a 0.21 feet; thence run South 89 051'58" East parallel wit }e South Iine of th ' o t( the Northeast 1/4 of the Southwest 1/4 of said Section` d r a distance of Y. / thence run South 02 °13'26„ East along the East line of the st 1/40f said SecU ; for a distance of 420.21 feet to the Point of Beginning. Parcel ID Nos.: 00203600003; 00203800007; 00204360009; 00204720005 Packet Page -4002- Oc t. 8. 2012 3.37PM COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION Please complete the following and fax to the Operations Addressing Department at the above address, Form. No. '1246 5/14/2013 173. 2804 NORTH HORSESHOE 0MVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6724 WWW.COLLIERGOV.NET at 239 -252 -5724 or submit in person to the Not all items will apply to every project, Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department PETITION TYPE (Indicate type below, complete a separate Addressing Checkrrsf for each Pemon type) ❑ BL (1319sting Permit) ❑ BD (Bost Dock Extension) ❑ SOP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ CamivallCirr m Permit ❑ CU (Concitional Use) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ SIP) (insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Mama Change) ❑ SNC (Street Name Changer – Unplatted) ❑ TOR (Transfer of Development Rights) ❑ PPL (Plans & Plat Reviieud) ❑ VA (Variance) ❑ PSP (Preliminary Subdahsion Plat) ❑ PUD Rezone ❑ VRP (Vegetation removal Permit) ❑ RZ (Standard Rezone) ❑ VRSFP (Veget9tion Removal & Site Fill Permit) © OTHER PUOArnendmat L EG A l uraL iiir rUiv of subject property or ro edies rig y p may ) L P P (copy of le th dQSCrr floe m be attached c.{- �.� ` Palermo Cove PUD and Wolf Creek PUD - see ,attached legals , PO-1 t—Is S S g 4_ � tZ., t'S FDLIO (Property ID) Nt1M13ER(9) of above (attach to, or associate whit, legal dexriptJorr amore them one) 14 I tit t 5st z.(J See attached list 3S STREET ADDRESS or ADDRESSES (as applcable, if already assigned) 4525 WOLFF RD, 4295 WOLFE RD, and 4170 WOLFE RD * LOCATION MAP must be attached showing exact location of projeWske in relation to nearest public roast right- OF-way a SURVEY (copy -needed onlyforunplatted properties) PROPOSED PRrUECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projecisfsft.V only) SDP or AR or PL a Packet Page -4003- Oct. 8, 2012 3.38PM COLLIER COUNTY GOVEI'd mE orr GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION No, 1246 5/14/2013 17.B. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 262.2400 FAX (239) 2524724 1IL_C_OLL Ig GOV.N8Y Project or development names proposed for, or already appearing in, condominium docurnenia (iF application; indicate whether proposed or e)dsting) Palermo Cove PUD and Waif Creek PUD Please Check Cane: ® CheMat is to be Faxed back E] PaMnally Picked Up APPLICANT NAME: Q. Grady Minor and Associates, P.A. (attn: Sharon Urnpenhour) PHONE 239.947. 1144 FAX 239.947.0375 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department FOR STAFF USFnui Y FLN Number (Primary) 4S;Ge t GbA.C� CAL -� Folio Number Folio Number Folio Number Approved by ` �' 1`Q. �'' 7 Date: Updated by: Date! IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -4004- Oct. B. 2012 3: 38 PM PL- 2012 -0650 (PUDA) & PL- 2012 -068D Palermo Cove PUD and Wolf Creek PUD Amendments POLIO {Property ID Number(s) Folio Number. 002033600oo ' Name: RAFFIA HOLDINGS OF NAPLES LLC Streeld & Name_ NO SITE ADDRESS Folio Number: 0020WOD01 Name: RAFFIA FKXOINGS OF NAPLES LLC Street# & Name; NO SITE AOQRESS Folio Number- 002C)SO0003 , Nama: RAFFIA HOLDINGS OF NAPLES LLC ShUQM & Name_ NO SrTE ADDRESS Folio Number. 00203720M o, Nam: RAFFIA HOLDINGS OF NAPLES LLC Sheol# & Name; NO srFE ADDRESS Poll* Number: 00203760008 Name: RAFFIA HOLDINGS OF NAPLES LLG st wt# & Name: NO SiTEADDRESS Folio Number. DO26400DOOU Name: RAFFIA HOLDINGS OF NAPLES I G Str9W & NAM, NO SITE ADDRESS Folio Number. 0020340DDOg • Name: RAFFIA HOLDINGS OF NAPLES LLC St 900 & Name- 4295 WOLFE RD Folio Number nrorno?rrnn Nama: RAFFIA HOLDINGS OF NAPLES LLC Strom & Name: NO SITE ADDRESS Folio Number: 0D203S00007 " Narno; WOLF CREEK NAPLES HOLDINGS LLC StMoS & Nam&: 4525 WOLF RD Folio Number. 00204361DOD9 - Name., VVOLF CREEK NAPLES HOLDINGS LLC Stmd* & NOW NO SfTE ADDRESS Folio Number. OflZ03 owa �e Neme: WOLF CREEK NAPLES HOLDINGS LLC Str&at� & Kam. M STE ADDRESS FOj19 Number; U020472OD05 Name' WOLF CREEK NAPLES HOLDINGS LLC Str*W & Nama: 49 7O WOLFE RD Packet Page -4005- h- 1246 5/14/2013 17.6. 5/14/2013 17. B. ENVIRONMENTAL ASSESSMENT SUPPLEMENT WOLF CREEK RPUD / PALERMO COVE RPUD Collier County, Florida PREPARED ON: NOVEMBER 2012 PREPARED FOR: Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 PREPARED BY: Collier Environmental Consultants, Inc. 3880 Estey Avenue Naples, Florida 34104 239.263.2687 Packet Page -4006- 5/14/2013 17.B. I Introduction / Purpose This report is an account of a Listed Species Survey recently performed in an area known as Wolf Creek PUD, 188.78± acres, and Palermo Cove RPUD, 115± acres. The purpose of this study is meet county requirements by identifying and describing key habitats and report any listed species. Both projects have been permitted by State and/or Federal regulatory agencies. Multiple Listed Species surveys have already been conducted on these parcels. Passarella and Associates conducted surveys in August 2003, November 2003, December 2003, January 2004 and February 2005 for Palermo Cove. In addition the Wolf Creek PUD also had Listed Species surveys conducted by Hoover Planning and Development Inc. As previously mentioned these parcels went through the ERP permitting process. In those submittals Listed Species Survey's were included and reviewed through that process. Fox squirrel management plans were developed. This updated survey and report is based on fieldwork performed during October — November 2012. The survey was conducted daily for a total of 30 hours. Approximately 15 hours were spent on Wolf Creek PUD and approximately 15 hours on Palermo Cove RPUD. The Environmental Assessments is in support of PUD amendments proposed to revise the undeveloped Palermo Cove PUD and a portion of the partially developed Wolf Creek PUD, which have been acquired by a single developer. The developer wishes to implement a unified site plan for the property assemblage, which does require modifications to the previously approved PUD boundaries. Approximately 20 acres of property are being added to the Wolf Creek PUD, and approximately 15 acres are being removed from the Palermo Cove PUD. Both PUD's are considered active PUD's and therefore, the PUD application has utilized the previously approved FLUCCS mapping and environmental data for each PUD, and has provided the attached document as a supplement to the previously submitted information. The PUD master plans each reflect preserve calculations, based on the native vegetation existing within the revised PUD boundaries. A updated listed species survey was conducted in accordance with U.S. Fish and Wildlife methodology, and the findings are included in the attached report. No listed species were observed on the site during the site inspections. Habitat suitable for listed species has been noted, and it is understood that management plans will need to be provided at the time of plat and/or SDP application. II Site Description Wolf Creek PUD and Palermo Cove RPUD and is located in Sections 34 Township 48, Range 26; eastern Collier County, Florida. These projects are located approximately %4 ^ of a mile west of Collier Blvd. CR 951 and north of Vanderbilt Beach Road Extension. Packet Page -4007- 5/14/2013 17. B. See - Location Map At both Wolf Creek PUD and Palermo Cove RPUD the dominant habitat types are 411 Pine Flatwoods, 424 Melaleuca, 621 Cypress, 624 Cypress, Pine, Cabbage palm 624 Drained Cypress, Pine, Cabbage palm, 740 Disturbed, 742 Borrow pits 411 - Pine Flatwoods - This community consists of Slash pine with scattered cabbage palms and a few cypress. The midstory and groundcover consists of myrsine, palmetto, wax myrtle and Brazilian pepper. The exotics varied from as low as less than 25 % to as high as impenetrable strands of Brazilian pepper. 424 - Melaleuca - This habitat consists of a majority of Melaleuca. A few other species may be present such as Slash pine and cypress but to a lesser degree. 621 — Cypress - This area is located in Palermo Cove RPUD. The area is dominated with cypress but had dense strands of Melaleuca. These areas were claimed Jurisdictional Wetlands 624 - Cypress, Pine, and Cabbage palms - This habitat is located in both projects. The area is dominated with a mix of Slash pine, cypress and cabbage palms. These areas were claimed as Jurisdictional Wetlands 624D - Cypress, Pine, and Cabbage palms - This habitat is located in both projects. The area is dominated with a mix of Slash pine, cypress and cabbage palms but differed in 624 with the amount of grape vine as ground cover. The D designation represents rirn;nPrl N^.xrevpr, thF-gp arpac :xrpry Akn Clnimprll qc T11ricrfir.tinnal WPtlnnd'Z 740 - Disturbed - These areas have been previously cleared for varying reasons. The vegetation present is consistent with secondary growth / disturbed plant species. 742 - Borrow pits - these areas are located on the Wolf Creek PUD. There are five borrow lakes located towards the western end of the Wolf Creek Parcel. These lakes appear to have been excavated from uplands in the early 1980's. This Listed Species Survey placed an emphasis on surveying the areas offering some of the best quality foraging and nesting areas onsite. See Exhibit - FLUCCS Map III Listed Species Survey The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Such a survey was conducted in October — November 2012. Transects were ground - located and walked by compass Packet Page -4008- 5/14/2013 17H bearing. Early morning (06:30 — 10:00), mid -day (11:00 — 15:00) and late -day (15:00 — 19:00) time periods were chosen to survey these transects. This survey was conducted daily for a total of 30 hours. Approximately 15 hours were spent on Wolf Creek PUD and approximately 15 hours on Palermo Cove RPUD. All possible species of plants and animals listed by state and federal agencies were noted. IV Results & Discussions Listed Flora Several species of plants that are listed by government agencies were found on this property during the transect surveys and none of the onsite plants are considered as being rare. Several species of Tillandsia spp. were found. These plants are listed by the State of Florida primarily due to commercial value they were either identified on site or suspected to occur on site. As per Collier County LDC 3.04.03- Requirements for Protected Plants relocation of plants eight feet of the ground will be attempted for relocation into the proposed preserves. Epiphytic Plants Wild Pines Stiff - leaved Tillandsia fasiculata FDA/C Recurved T. balbisiana FDA/T wired - leaved T. setacea FDA/T c.. .: U . 13paLUS11111093 rr aJ__ 1. z leolues Resurrection Fern Polypodium polypodioides Shoestring fern Vittaria lineata Golden polypody Polypodium sp. Butterfly orchid Encyclina tampensis FDA/C Listed Fauna This area is known as being utilized by numerous vertebrates. Previous surveys and this survey documented utilization by small and large mammals and numerous songbirds. A complete list of all wildlife encountered during this study has been included with this report. Refer to Exhibit - WildIife Species Observed Packet Page -4009- 5/14/2013 17. B. Key Species Discussion: '1 Red Cockaded Woodpeckers Red - Cockaded woodpeckers are known to inhabit Pine Flatwoods. Observations were keyed to searching for signs or calls of these animals. All mature Slash pines were checked along the transect routes. Particular attention was paid to the south and west faces of the trees, as that seems to be the predominant location of cavity openings. No individuals or cavity trees were identified during this survey. Gopher Tortoise This site does not offer suitable habitat for Gopher tortoise. Searches were keyed in areas with spoil material (mound). However, no signs or burrows were identified on any subject parcels. Big Cypress Fox Squirrels Big Cypress Fox Squirrels are known to use similar habitat as Red - Cockaded Woodpeckers. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. Several chewed pinecones were found on site. However, gray squirrels were observed actively foraging. No Fox squirrels were identified on site during this survey. Fox squirrels are known to inhabit surrounding areas. It is safe to assume that some individuals may inhabit the surrounding areas. Under both State and Federal permits obtained for these parcels Fox Squirrel Management Plans were submitted and included in thPr. iS -z11Pd nPrmitc A-z nPr reniiirPment CvnlliPr C rnwnty TDC 1 04 04 ProtPrtinn of Endangered, Threatened or Listed Species (C) Management Plans an Updated Fox Squirrel Management Plan will be provided at the time of SDP. Florida Panther These projects are located in the Florida Panther Secondary Zone and inside the US Fish and Wildlife Services panther consultation area. The impacts to on site wetlands required Panther Mitigation. As per the permitting process, this habitat loss equated to approximately 1,023.21 Panther Habitat Units (PHU'S). The applicant proposed to purchase 40.17 credits (1,028.35 PHU's) to offset any impacts to panther habitat and wetland loss. A Total of 40.17 credits was purchased and has been deducted from the ledger at Panther Island Mitigation Bank. Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area. Special attention was given for signs such as scraps, tracks and scat. No signs or individuals were identified. However, this mammal has a large home range and is known to inhabit the surrounding areas. Packet Page -4010- 5/14/2013 17.B. Wading Birds The Borrow pits provided excellent habitat for wading birds. A few birds were seen utilizing these areas. A little blue heron was seen actively foraging along the shore bank. V Conclusions Transects were walked on straight compass bearings along a grid spaced at approximately 100 yards apart for the entire area. Stationary observations were also done, primarily in prime habitat areas. All transects were walked at varying times from post -dawn & mid- day to pre - sunset hours. The 411 Pine Flatwoods, 621 Cypress, 624 Cypress, Pine, Cabbage palm and 624 Drained Cypress, Pine, Cabbage palm areas provide the best quality habitat on site. These areas still have enough recognizable character to support foraging by some large and small mammals and birds. Signs of small mammals such as rabbits and raccoons were readily visible in all these areas. Bobcat scat was found on several occasions. Several species of songbirds passed through transect areas during this survey. Large mammals such as deer were also readily visible. The 742 Borrow pits areas provide foraging habitat for wading birds. A little blue heron was observed actively foraging along the shore bank. These areas also had multiple n animal prints watering at waters edge. Monotypic stands of poor quality foraging plant species and the invasion of exotic plants piuviuA al' J.VL rrlli6 vruun one uLiLii•sntw vy jviae uir, n »nninn A»»rvvir»nto.Lc> �11V V1LLlJ 1V VV V1 110.U11C111V10.�111� V0.1 LL\. 0.LLLL LLL111L0.L1VLL U�' 1V10.b'lllb' JF11i411.J. I11Jrl1VA11110.11.1y 62 percent of the project site is comprised of native communities with over 75 percent exotic coverage. This is a limiting factor for wildlife utilization. Further degradation by increase of exotic plants density will gradually further limit wildlife utilization in the future. Several species of plants that are listed by government agencies were found on this property during the transect surveys and none of the onsite plants are considered as being rare. Several species of Tillandsia spp. were found. These plants are listed by the State of Florida primarily due to commercial value. As proposed Wolf Creek PUD will be providing approximately 34.26 acre of preserve and Palermo Cove RPUD is providing approximately 30.7 acres of preserve. These areas will be placed in a conservation easement and all exotics will be treated. The Palermo Cove preserve is part of a larger regional flow way. The preserve is part of a flow -way that includes preserves from Indigo Lakes (11- 01669 -P), Summit Place (11- 02107 -P) and Brittany Bay /Camden Cove (11- 01956 -P). The final discharge point for the regional flow way is located on the western side of Island Walk surface water management system. Part of Wolf Creek PUD will tie in with this system. In addition Wolf Creek is preserving 10-1%1 some isolated wetlands. Packet Page -4011- 5/14/2013 17.B. Threatened, Endangered and SAecies of Special Concern Species Present Absent Suspected Black bear x Florida panther x Everglades mink x Big Cypress Fox squirrel x Indigo snake x American alligator x Gopher tortoise x Gopher Frog x Southeastern American kestrel x Red - Cockaded woodpecker x Florida Scrub Jay x Wood stork x Snail kite x Bald eagle x Limpkin x Osprey x White ibis x Tricolored heron x Snowy egret x Reddish egret x Tittle Hue heron x Packet Page -4012- 5/14/2013 17.B. WILDLIFE SPECIES OBSERVED Common Name Species Status Amphibian & Reptiles: Six- lined racerunner Cnemidophorus sexlineatus Brown anole Anolis sagrei Black racer Columber constrictor Florida Box turtle Terrepene carolina bauri Birds: Dove- ground Columbina passerina Dove- mourning Zenaida macroura Pileated woodpecker Dryocopuspileatus Northern flicker Colaptes auratus Flycatcher, great crested Myiarchus crinitus Crow, american Corvus brachyrhynchos Common grackle Quiscalus quiscula Bluejay Cyanocitta cristata Carolina wren Thrvothorus ludovicianus Gray catbird Dumetella carolinensis Northern mockingbird Mimus polyglottos Cardinal Richmondena cardinalis Rmurn thrgchvr Tnvnctnma nvfiim 1 VAVJLV111L11 L.L1 L1111 Red - shouldered Hawk Biteo lineatus Vulture, turkey Cathartes aura Vulture, Black Coragyps atratus Cattle egret Bubulcus ibis Little blue heron Egretta caerulea American Coot Fulica americans Mammals: White- tailed deer Odocoileus vir inianus Virginia opossum Didelphis vir 'niana Raccoon Procyon lotor Bobcat Felis rufus Hispid cotton rat Sigmodon hispidus Nine -banded armadillo Dasypus novemcinctu Gray squirrel Sciurus carolinensis Marsh Rabbit Sly vilagus palustris Fox squirrel Sciurus niger avicennia T (SUSPECTED) Packet Page -4013- OD c wasENS ALI COVE Immokalee Rd r � m KNEW N/ SITE PEBBLEBROOKE 1 F� C�I�AAA�I PLACE BLACK BEAR RIDGE m N 5/14/2013 17.B. vanaerbilt beach Rd PALERMO COVE AND WOLF CREEK PUDS WALL Springs Bontta 239.977.1144 GradyMinor »a CVaID Po14 Miyere 239.690.4390 raw mm. 1O11M° —2 Ctvu ERoneers . Land Surveyors . Planners . Landscape ArchlLecls LOCATION MAP ax w I TdW— CERT. OPAUIa. ®00151 CXI. OPAOInLB OOOSISI BNi C 28000299 — .Gra"iw.vxn Q. Grady Way and Associates. PA 9HnT 1 OF 1 r:\PRGJ - PIAM MG PCMWA - PALERMO COVE PUD WDLFE CREEK PUD NGS CATION UAPZNG 11/6/2012 2:53 PM Packet Page -4014- 5/14/2013 17.B. Packet Page -4015- 5/14/2013 17.B. o'a''m��kox»eaexxr��,w�a,�X` yrprido9�vaepi.aa5�d:d�dg�:_ V;. y W O if u o 41 ft it v G u° o° u u Q z., 'z' F'. 'tu z 2 a . p_r as a'o at- w> ILI .LL K IIttl w > .. o c w x cw o.- C13 Z C2 o a.Q M Id �w.cK o oM wm ..Ax.) o z> w UJ ° pppGau`� a° �WC z� ff.° Qur A o�.p °. rgpW OD .w Ld[itl'mw mP.+' QV tug-N. 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WILLIAM L HOOVER 3785 AIRPORT ROAD N SUITE B -1 NAPLES, FL 34105 PROJECT DESCRIPTION: This application is a request for an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 87.68 acre residential project known as Wolf Creek with discharge into the waters of the Golden Gate Canal via existing roadside swale conveyance systems. PROJECT LOCATION: PERMIT DURATION: COLLIER COUNTY, SEC 34 TWP 48S RGE 26E See Special Condition No:1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the Districts agency action concerning Notice of Intent for Permit Application No. 030328 -10, dated March 28, 2003. This action is taken pursuant to Rule 40E -1.603 and Chapter 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 General Conditions (See Pages : 2 - 4 of 8 ), 3. the attached 29 Special Conditions (See Pages : 5 - 8 of 8 ) and 4. the attached 5.0 Exhibit(s). Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the Districts action. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 4th day of February, 2005, in accordance with Section 120.60(3), Florida Statutes. i a�z ac line Rippe, P.E. irector Lower West Coast Service Center Certified mail number 7004 2510 0004 6696 2127 Page 1 of 8 Packet Page -4019- NOTICE OF RIGHTS 5/14/2013 173. Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." . Please note that this Notice o^ Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable o, appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's ( SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there arP_ no iSSiips of material fart in rlicnrta the affartPrl person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stall. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. C. Administrative Complaint and Order. If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order, f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right,to file a petition pursuant to Rules 28- 107.005 and 40E- 1.511, Fla. Admin. Code, copies of which are attached to this Notice of Rights, unu;'v °vuvii u7.1i.11 0u (.1i), Pia. via(., fvi a ijualm VII 171E Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation Annulment, and Withdrawal: if the SFWMD issues an administrative complaint to suspend, revoke; annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action. the filing of a petition means that the SFWMD 's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August. 2400 Packet Page -4020- 10"N 1*11\ any such final decision of the SFWMD shall have, pursuant to Rule 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However. the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E- 1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla, Admin. Code, persons may file with the SFWMD a request for extension of time for riling a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining arty may then file a civil suit for injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stornwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373. Fla. Stat. 5/14/2013 17.B. DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed: (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A. property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the raal nrnnarty nr n vactari rinl,4 i- -• �•r •�•• hi'.. r...i .)i •, u v 'vu ieyltn W d JFICI:IIIG use or the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE. RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief With the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are. or may be, affected by the SFWMD:s action may choose mediation as an alternative remedy under Section 120.573, Fla_ Stat. Pursuant to Rule 28- 106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Ravised August '2D00 Packet Page -4021- publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary aoencv action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997); the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code. the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner. 5/14/2013 17.B. (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (f any); (d) the applicable rule or portion of the rule: (e) the citation to the statue the rule implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat, pursuant to Rule 28-. 104.004(2), Fla. Admin. Code, the petition must also include: a) the speck facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant tirne frames prescribed above will constitute a waiver of such rioht.,' 28- 106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Revised August. 2000 Packet Page -4022- 28406.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate fads alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3} Requests for hearing filed in accordance with this rule shalt include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42 -2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S.. review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements. provisions and purposes of Chapter 373, F.S.. or rules duly adopted thereunder; 5/14/2013 17.B. (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) if review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action. the agency shall summarily suspend, limit, or restrict a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S.. does not apply and shall not be construed to prevent a hearing at the .earliest time practicable upon request of an aggrieved party. ko) unless oulerwise provided Dy iaw, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40E -1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial. industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order, has been issued, after the expiration of the requisite time for compliance with that order. Revised August 2v4u Packet Page -4023- 5/14/2013 17. B. Application No. 030328 -10 Page 2 of 8 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project - specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and Packet Page -4024- 5/14/2013 17.B. Application No. 030328 -10 Page 3 of 8 GENERAL CONDITIONS maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee anv property right, or anv interest in real orooerty; nor does it a0hnri7a any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E -40, FA.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of Packet Page -4025- 5/14/2013 17.B. Application No. 030328 -10 Page 4 of 8 GENERAL CONDITIONS ownership or control of a permitted system or the real property on which the permitted system is located. AU transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Packet Page -4026- 5/14/2013 17.B. Application No. 03032 8-10 Page 5 of S SPECIAL CONDITIONS The construction phase of this permit shall expire on February 4, 2010. Operation of the surface water management system shall be the responsibility of WOLF CREEK AND BLACK BEAR PROP. OWNERS ASSOC. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Basin: BASIN A and C 1-2.45'W X .17' H RECTANGULAR ORIFICE with invert at elev. 11.5' NGVD. Receiving body: Vanderbilt Beach Road conv sys. Control elev: 11.5 feet NGVD. /11.5 FEET NGVD DRY SEASON. Basin: BASIN B 1-3.17'W X V H RECTANGULAR NOTCH weir with crest at elev. 12.5' NGVD. Receiving body: BASIN A Control elev : 12.5 feet NGVD. /12.5 FEET NGVD DRY SEASON. Basin: BASIN D 1 -.25' dia. CIRCULAR ORIFICE with invert at elev. 11' NGVD. Receiving body: Vanderbilt Beach Road conv sys. Control elev: 11 feet NGVD. /11 FEET NGVD DRY SEASON. Basin: BASIN E, Structure: CS -3 1-.25'W X V H BROAD CRESTED weir with crest at elev. 12.5' NGVD. 1 -.33' dia. CIRCULAR ORIFICE with invert at elev. 11.5' NGVD. n Receiving body: Vanderbilt Beach Road conv sys. Control elev: 11.5 feet NGVD. A 1.5 FEET NGVD DRY SEASON. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems }hof rncd} frnm th.a nM.nia..... u m� cauu n u� i i U1 a.v�iau uwut t U, upul U1101 i ui ti 1C Sui lace water management system. 5• Measures shall be taken during construction to insure that sedimentation and /or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. Packet Page -4027- 5/14/2013 17.B. Application No. 030328 -10 Page 6 of 8 SPECIAL CONDITIONS 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts. caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12• Minimum building floor elevation: BASIN: BASIN A and C - 14.30 feet NGVD. BASIN: BASIN E - 15.50 feet NGVD. 13. Minimum road crown elevation: Basin: BASIN A and C - 13.90 feet NGVD. Basin: BASIN D - 14.30 feet NGVD. Basin: BASIN E - 13.77 feet NGVD. 14. Plan sheets 1 and 2 of 18 dated January 6, 2005 signed and sealed by Norman Trebilcock, P.E. from Grady Minor and Associates, PA., plan sheets 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of 18 dated December 3, 2004 signed and sealed by Norman Trebilcock, P.E. from Grady Minor and Associates, P.A. and plan sheets 13, 14, 15, 16, 17 and 18 of 18 dated January 7, 2005 signed and sealed by Jeff L. Davidson, P.E. from Davidson Engineering, Inc. have been included in this permit modification and will be retained in the permit file. 15• All contractors must be provided with a copy of the staff report and permit conditions prior to the commencement of construction. The permittee is responsible for ensuring that all contractors adhere to the project construction details and methods indicated on the attached permit Exhibits and described herein. 16. Permanent physical markers designating the preserve status of the wetland preservation areas and buffer zones shall be placed as shown on engineering plan sheets 4 and 15. The markers shall be maintained in r� perpetuity_ 17. Prior to the commencement of construction, the perimeter of protected wetland /buffer zones /upland preservation areas shall be staked /roped/fenced to prevent encroachment into the protected areas. The permittee snail noiiry the uistrict s Environmental Resource Compliance staff in writing upon completion of staking /roping/fencing and schedule an inspection of this work. The staking/roping/fencing shall be subject to District staff approval. The permittee shall modify the staking/roping /fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Staking / roping/fencing shall remain in place until all adjacent construction activities are complete. 18• The permittee shall comply with the provisions of the fox squirrel habitat management plan approved for the project site in accordance with Exhibit No. 3.5. Prior to initiating construction activities, the site shall be surveyed for the presence of active Big Cypress fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around all active nests. Following nesting activities, the nesting tree may be removed following coordination with the Florida Fish and Wildlife Conservation Commission and obtaining all required permits. 19• Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 20. Wetland preservation areas, upland buffer zones and upland preservation areas shall be dedicated as conservation and common areas in the deed restrictions as well as on the plat if the project will be platted. Restrictions for use of the conservation/ common areas shall stipulate: Packet Page -4028- 5/14/2013 17.B. Application No. 030328 -10 Page 7 of 8 SPECIAL CONDITIONS The wetland preservation areas, upland buffer zones, and upland preservation areas are hereby dedicated as conservation and common areas. The conservation/common areas shall be the perpetual responsibility of the homeowner association and may in no way be altered from their natural or permitted state with the exception of permitted restoration activities. Activities prohibited within the conservation areas include, but are not limited to: construction or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exotic/nuisance vegetation removal; excavation, dredging, or removal of soil material; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. Copies of recorded documents shall be submitted to the District's Environmental Resource Compliance staff concurrently with engineering certification of construction completion. 21. Prior to the commencement of construction and in accordance with the work schedule in Exhibit No. 3.4, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit(s) 3.5 and 3.6. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. in the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 22. The wetland conservation areas, upland buffer zones and upland preservation areas shown on Exhibit(s) 3.2 and 3.3 may in no way be altered from their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction or placing of buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exotic vegetation removal; excavation, dredging, or removal of soil materials; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. 23. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 24. A monitoring program shall be implemented in accordance with Exhibit No. 3.3. and 3.4. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. 25. A maintenance program shall be implemented in accordance with Exhibit No. 3.3 and 3.4 for the preserved wetland and upland areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic/nuisance plant species do not dominate any one section of those areas. 26. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall Packet Page -4029- 5/14/2013 17.B. Application No. 030328 -10 Page 8 of 8 SPECIAL CONDITIONS be completed in accordance with the work schedule attached as Exhibit No. 3.4. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and /or completion dates; and (3) progress report on the status of the project development or mitigation effort. 27. The permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit Nos. 4.0 - 4.5) for post - construction activities. 28• The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 5.0 -5.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 29. Exhibits Nos. 4.0 -4.5 and 5.0 -5.9 incorporated by reference and shall be retained in the permit file. Packet Page -4030- 5/14/2013 17.B. Packet Page -4031- 5/14/2013 17.B. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1- 800 - 432_2045 TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov CON 24 January 25, 2006 Dear Consultant: Enclosed is a courtesy copy of the Permit authorized by the Governing Board of the South Florida Water Management District at its meeting on January 11, 2006. If you have any questions, please do not hesitate to contact this office. n Sincerely, Elizabeth Veguilla Deputy Clerk Environmental Resource Regulation Department Enclosures A J&q + " Y - . GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Esecutim Director irela M. Baguio, Vice -Choir Michael Collins Harkley R. Thornton Pamela Brooks - Thomas Nicolds J. Gutierrez, Jr., F.an M-1-1— c Wade, Jr. Packet Page -4032- 5/14/2013 173. SOUTH FLORIDA WATER MANAGEMENT DISTRICT -'� ENVIRONMENTAL RESOURCE PERMIT NO. 11- 02492 —P �\ 0 �`S DATE ISSUED: JANUARY 11, 2006 FORM #0145 Rw. 0!/95 PERMITTEE: ELIAS BROTHERS COMMUNITIES AT PALERMO COVE INC A.R.M. DEVELOPMENT CORP. OF S.W,FL., INC. (PALERMO COVE) (PALERMO COVE) 15100 COLLIER BLVD, 15100 COLLIER BLVD, NAPLES, FL 34119 NAPLES , FL 34119 PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 128.01 ACRE RESIDENTIAL DEVELOPMENT KNOWN AS PALERMO COVE AND CONCEPTUAL APPROVAL OF A SURFACE WATER MANAGEMENT SYSTEM SERVING THE REMAINING 3 ACRES OF THE PROJECT. PROJECT LOCATION: COLLIER COUNTY, SECTION 34 TWP 48S RGE 26E PERMIT DURATION: See Special Condition No: 1. See attached Rule 40E4.321, Florida Administrative Code. This Permit is issued pursuant to Application No. 040130 -20 , datei January 30, 2004. Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373 , Part IV Florida Statutes (F.S.), and the Operating Agreement Concerning Regulation Under Part 1V, Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with state water quality standards where neccessary pursuant to Section 401, Public Law 92 -500, 33 USC Section 1341 , unless this Permit is issued pursuant to the net improvement provisions of Subsections 373.414(1)(b), F.S., or as otherwise stated herein. This Permit may be transferred pursuant to the appropriate provisions of Chapter 373, F.S, and Sections 40E- 1.6107(1) and (2), and 40E- 4.351(1), (2), and (4), Florida Administrative Code (F.A.C.). This Permit may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E- 4.351(1), (2), and (4), F.A.C. This Permit shall be subject to the General Conditions set forth in Rule 40E- 4.381, F.A.C., unless waived or modified by the Governing Board. The Application, and the Environmental Resource Permit Staff Review Summary of the Application, including all conditions, and all plans and specifications incorporated by reference, are a part of this Permit. All activities authorized by this Permit shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated in the Environmental Resource Permit Staff Review Summary. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E -4.361 and 40E- 4.381, F.A.C. In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer is approved by the District pursuant to Rule 40E- 1.6107, F;A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEEPAGES 2 - 6 OF 9 (36 SPECIAL CONDITIONS). SEE PAGES 7 9 OF 9 (19 GENERAL CONDITIONS). On By SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ORIGINAL SIGNED BY: ELIZABETH VEGUILLA DEPUTY CLERK PAGE 1 OF 9 Packet Page -4033- 5/14/2013 17.B. PERMIT NO: 11- 02492-P PAGE 2 OF 9 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on January 11, 2008. The construction phase of this permit shall expire on January 11, 2011. 2. Operation of the surface water management system shall be the responsibility of PALERMO COVE MASTER PROPERTY OWNERS ASSOCIATION, INC. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: Basin: 1 1 -.42' W X .42' H RECTANGULAR ORIFICE with invert at elev. 12' NGVD. Receiving body : flowway Control elev : 12 feet NGVD. Basin: 2 1 -.33' W X 1.52' H SHARP CRESTED weir with crest at elev. 13.1' NGVD. 1 -1' W X .3' H RECTANGULAR ORIFICE with invert at elev. 12' NGVD. Receiving body : flowway Control elev : 12 feet NGVD. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and /or llll lJ llll l_y V1V1GL vi1J UV 11VL Ul.V llr i11 1.11C 1C1�C.LV111y WCiICL. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontal: vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the n Packet Page -4034- 5/14/2013 17.B. PERMIT NO: 11- 02492 -2 PAGE 3 OF 9 permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Minimum building floor elevation: BASIN: 1 - 15.50 feet NGVD. BASIN: 2 - 15.50 feet NGVD. 13. Minimum road crown elevation: Basin: 1 - 14.60 feet NGVD. Basin: 2 - 14.60 feet NGVD. 14. Minimum parking lot elevation: Basin: 1 - 14.60 feet NGVD. Basin: 2 - 14.60 feet NGVD. 15. Exhibits "A" and "B" of the Property Owners Association Documents, Urban Stormwater Management Program and Construction Pollution Prevention Plan respectively, have been included in this permit by reference (please see permit file). 16. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit "B" of the Property Owners .Association documents) and on the applicable approved construction drawings for the duration of the projects construction activities. 17. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit "A" of the Property Owners Association Documents) for post construction activities. 18. Prior to any future construction within the Clubhouse area, the permittee shall apply for and receive a permit modification. As part of the permit application, the /� applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master surface water management system, including the land use and site grading assumptions. 19. Prior to any future construction within Lot 4 and Dry Detention Area 6 -2, the c_._ n.......,:� en...J4 f; +; tr. mvt�n� the nnnat y�trtinn ?(_(_P.SS permittee shall apply i�r d rein L� rJv.A_L lCn�l ,.. road for Summit Place. 20. Prior to the commencement of construction and in conformance with the work schedule in Exhibit No. 3.6, the permittee shall provide an original letter of credit /bond in the amount of $436,559.20 to ensure the permittee's financial ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit Nos. 3.3 A -J & 3.5. The letter of credit /bond shall be in substantial conformance with Exhibit No. 3.9 A -D. When a performance bond is established, the permittee shall also establish a standby trust fund for deposit of all payments under bond. The letter of credit /bond shall remain in effect for the entire period of the mitigation and monitoring program. Notification of the District by the financial institution that the letter of credit /bond will not be renewed or is no longer in effect shall constitute non - compliance with the permit. 21. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 3.6, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, BARN with the map units in feet. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit No. 3.7 A -I. �-. Any proposed modifications to the approved form must receive prior written consent Packet Page -4035- 5/14/2013 17. B. PERMIT NO: 11- 02492 -P PAGE 4 OF 9 from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 22. The wetland conservation areas and upland buffer zones and /or upland preservation areas shown on Exhibit Nos. 3.3H and 3.3J may in no way be altered from their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction or placing of buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of exotic vegetation removal; excavation, dredging, or removal of soil materials; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. 23. A monitoring and maintenance program for the mitigation area(s) shall be implemented in accordance with Exhibit Nos. 3.3 A -J & 3.5. The monitoring program shall extend for a period of five years with annual reports submitted to District Environmental Resource Compliance staff, or longer as needed to demonstrate compliance with the criteria below. Vegetative success criteria for the mitigation areas are: A) All mitigation areas: 1) Will be maintained less than 5% erotic nuisance plants (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) for 5 consecutive years to achieve success, then in perpetuity per the long -term maintenance provisions. 2) Other nuisance plants shall be controlled at no more than 5% coverage and maintained at or below this level for 5 consecutive years, and in perpetuity per the long -term maintenance provisions. 3) In addition, exotic and other nuisance plants shall be controlled such that these species do not dominate any one section of those areas. Specifically, no area of 1/2 acre in size shall exceed the 5% coverage required for the overall conservation area. B) uplands /Buffers: 4) The percent cover of native plant species in the uplands shall not decrease for 5 consecutive years, nor in perpetuity per the long -term maintenance provisions. C) Wetlands: 5) Shall remain free of livestock, not be subject to tree cutting (other than removal of exotic or nuisance species) and have sustainable wetland hydrology with at least 3 months of inundation and saturation during years with typical rainfall. 6) Created wetlands shall have at least 60% coverage of beneficial native wetland species within 3 years. If this coverage is not achieved, additional mulching and /or planting will be done to assure 80% coverage. 7) Planted trees shall have at least an 80% survival for 5 consecutive years, showing normal growth (girth and height). 24. Prior to to commencement of construction in wetlands and in accordance with the work schedule in Exhibit No. 3.6, the permittee shall submit documentation 40.17 Packet Page -4036- - J 5/14/2013 17.B. PERMIT NO: 11- UG4yG -e PAGE 5 OF 9 �1 freshwater forested credits have been deducted from the ledger for Panther Island Mitigation Bank. 25. At the time of application for any phase of construction that includes wetland impacts, the permittee shall demonstrate that an adequate portion of the mitigation plan has been or shall be executed and completed in a timely manner (i.e., concurrent with the wetland impacts) and that the specified mitigation will adequately offset the wetland impacts associated with that phase. 26. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 27. A mitigation program for PALERMO COVE shall be implemented in accordance with Exhibit Nos. 3.3 A -J, 3.5, and 3.6. The permittee shall create enhance and preserve 34.15 acres of wetlands, 0.86 acres of uplands, and 0.08 acres of upland buffer. 28. A maintenance program shall be implemented in accordance with Exhibit Nos. 3.3 A -J, 3.5, & 3.6, for the preserved & enhanced wetland /upland areas on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. r� 29. A monitoring program shall be implemented in accordance with Exhibit Nos. 3.5 & 3.6. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain. an 80% survival of planted vegetation. The 80% a111-v;va1 rate shall be. maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional, ana upiana species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 800 coverage of desirable obligate and facultative wetland species. 30. Permanent physical markers designating the preserve status of the wetland preservation areas and buffer zones shall be placed along development /preserve interface. These markers shall be maintained in perpetuity. 31. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 3.6. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start /finish and /or completion dates; and (3) progress report on the status of the project development or mitigation effort. 32. Prior to the commencement of construction, the permittee shall conduct a pre - construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to discuss construction methods and sequencing, type and location of turbidity and erosion controls to be implemented during construction, mobilization and staging of contractor equipment, construction dewatering, coordination with other entities on adjacent construction projects, wetland /buffer protection methods, and endangered species protection with the permittee and contractors. The permittee shall contact District Environmental Packet Page -4037- 5/14/2013 17.B. PERMIT NO: 11- 02492 -P PAGE 6 OF 9 Resource Compliance staff from the LOWER WEST COAST SERVICE CENTER at(239) 338 -2929 to schedule the pre- construction meeting. 33. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 34. The successful completion of the mitigation plan is heavily dependent on proper site grading as shown on Exhibit Nos. 3.3I and 2.3 with associated crossections on Exhibit No. 2.8. Therefore, prior to demobilizing equipment from the site and prior to planting, the permittee shall provide an as -built survey in accordance with the work schedule identified as Exhibit No. 3.6 and schedule an inspection by District Environmental Resource Compliance staff to ensure that appropriate elevations and slopes have been achieved. 35. Prior to the commencement of construction, the perimeter of protected wetland /buffer zones /upland preservation areas shall be staked and silt fenced to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of staking and silt fencing and schedule an inspection of this work. The staking and silt fencing shall be subject to District staff approval. The permittee shall modify the staking and silt fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Staking and silt fencing shall remain in place until all adjacent construction activities are complete. 36. All temporary wetland impacts associated with construction activities in the preserve areas of PALERMO COVE shall be restored in accordance with Exhibit No. 3.3 A- J . �\ /0—N Packet Page -4038- 7 5/14/2013 17.B. PERMIT NO: 11- 02492 -P PAGE 7 OF 9 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 1. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 "hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. i. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction Completion /Certification Form Number 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request Packet Page -4039- 5/14/2013 17. B. PERMIT NO: 11- 02492 -P PAGE 8 OF 9 for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is 10—*N accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state - owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the Packet Page -4040- 5/14/2013 17. B. PERMIT NO: 11- 02492 -P PAGE 9 OF 9 �1 permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 16. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Packet Page -4041- 5/14/2013 17.B. ENVIRONMENTAL RESOURCE PERMIT CHAPTER 40E -4 (10!95) 40E- 4.321 Duration of Permits (-I) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 40E -40, F.A.C. is as follows: (a) For a conceptual approval, two years from the date of issuance or the date specified as a condition of the permit, unless within that period an application for an individual or standard general permit is filed for any portion of the project. If an application for an environmental resource permit is filed, then the conceptual approval remains valid until final action is taken on the environmental resource permit application. If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the permit. Conceptual approvals which have no individual or standard general environmental resource permit applications filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed concurrently with a development of regional impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be two years from whichever one of the following occurs at the latest date: 1. the effective date of the local government's comprehensive plan amendment. 2, the effective date of the local government development order. 3. the date on which the District issues the conceptual approval, or 4. the latest date of the resolution of any Chapter 120.57, F.A.C., administrative proceeding or other legal appeals. (c) For an individual or standard general environmental resource permit, five years from the date of issuance or such amount of time as made a condition of the permit. (d) For a noticed general permit issued pursuant to chapter 40 -E -400, F.A.C., five years from the date the notice of intent to use the permit is provided to the District. (2)(a) Unless prescribed by special permit condition, permits expire automatically according to the timeframes indicated in this rule. if application for extension is made in writing pursuant to subsection (3), the permit shall remain in full force and effect until: or 1. the Governing Board takes action on an application for extension of an individual permit, 2. staff takes action on an application for extension of a standard general permit, (b) Installation of the project outfail structure shall not constitute a vesting of the permit. (3) The permit extension shall be issued provided that a permittee files a written request with the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall include documentation of the extenuating circumstances and how they have delayed this project, will not be accepted more than 180 days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section, the term "substantial modification" shall mean a modification which is reasonably expected to lead to substantially different water resource or environmental impacts which require a detailed review. (5) Substantial modifications to individual or standard general environmental resource permits issued pursuant to a permit application extend the duration of the permit for three years from the date of issuance of the modification. Individual or standard general environmental resource permit modifications do not extend the duration of a conceptual approval. (6) Permit modifications issued pursuant to subsection 40E- 4.331(2)(b), F.A.C. (letter modifications) do not extend the duration of a permit. ,(7) Failure to complete construction or alteration of the surface water management system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted. Specific authoety 373.044. 373.113 F.S. Law imp'emented 373 413, 373.416, 373 419, 373.426 F.S. History—New 9 -3 -81, Amended 1- 31.82, 12 -1 -82, Formerly i6K4.070), Amended 7.1 -86, 4120/94, Amended 7 -1 -86. 4120194, 10.3 -95 Packet Page -4042- r' Meder®s Parcel, +i- 20 ac S 34 / T 48S / R 26E Protected Species Survey ]Boylan EIlV1ronm- r- G1 suItajatS, c. Wedand & wriIdl e S .] �3�ental Permitiin� Impact emmenu 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33912 Phone: (239) 418 -0671 Fax: (239) 418 -0672 March 10, 2005 Packet Page -4043- PUMZ A- 2006 -7422 PROJECT #2005040002 DATE: 12115/06 KAY DESELEM C 5/14/2013 17. B. REV: 6 5/14/2013 17.B. INTRODUCTION Environmental scientists from Boylan Environmental Consultants, Inc conducted afield investigation on the +/- 20 acre parcel on December 14, 2004 and March 7, 2005 from approximately 9:00 am to 3:30 pm to identify the presence of protected species and,,or potential sun. occupied habitat. The temperature was in the upper 70 "s and lower 80 0's respectively with full, The Parcel is located south of Wolf Road, west of Collier Blvd. and north of Vanerbilt Beach Road Extension. METHODOLOGY The survey was comprised of a several step process. First, vegetation communities or land -uses on the study area were delineated on an aerial photograph using the Florida Land Use, Cover and Forms Classification System (FLUCCS). Secondly, the FLUCCS codes were cross- referenced with a Potential Protected Species List. This list names the species that have a probability of occurring within a particular FLUCCS community; the table at end of the report lists the FLUCCS communities found on the parcel and the corresponding species that have a probability Of occuring in them. Lastly, these FLUCCS communities were searched with parallel, overlapping transects for signs of listed species. SITE CONDITIONS Listed below are the vegetation communities or land -uses identified on the site. The following descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation 1985) for definitions. 6211424, Melaluca Invaded Cypress WetIa.nds (5.82 acres) This community is dominated by cypress, melaleuca, and Brazilian pepper in the canopy and midcanopy. Groundcovers are dominated by swamp fem and sawgrass. 624, U'rained - Grapevine (14.18 acres) This community is dominated by slash pine in the canopy with scattered cypress. Groundeovers are dominated by grapevine, poison ivy, bracken fern, poison ivy, Caesar's weed and other upland pioneering groundcovers. SPECIES PRESENCE The various listed species that have a probability of occurring in the FLUCCS communities have been tabulated on the attached table. No listed species or signs of were observed on the parcel. 2 Packet Page -4044- Table. Potential Protected Species according to FLUCCS categories. FLUCCS Poten Listed S ecies % Covera a Present Abse 621/424 Ameri can Alligator 90 E es Mink 90 X X Florida Black Bear 90 Florida Panther 90 X her Fro 90 X X Lim kin 90 X Little Blue Heron 90 X Sno E 90 X Tricolored Heron 90 Wood Stork 90 X 624 American Alligator 90 X Drained X Ev lades Nfink Florida BIack Bear .90 90 X Florida Panther 90 X .Gopher Frog 90 X Little Blue Heron 90 X SRO Egret 90 X X Lim kin 90' X Tricolored Heron 90 Wood Stork 90 X X Packet Page -4045- 5/14/2013 17.B. 50-100 50-100' 50 -100 50-100 50-100 50-100 50-100 50 -100 50-100 50-100 50-100 50.100 50 -100 50 -100 50 -100 50 -100 50 -100 50 -100 50-100 50-100 ki 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 33 of 37 i. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance 'with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on -site. Species surveys have been conducted on various portions of the golf Creek PUD in June 2000, June 2001, & April 2002, February 2003, February 2004, and March 2005. Due to the fact that a large portion of the PUD is already under construction; the Couniy requested updated surveys for just the parcels being added to the PUD or those that do not have approved development orders. The March 2005 survey (EXHMIT 13) covers the approximately 20 acres( parcel 9) that are being added to the PUD. An additional . updated survey was conducted in April and May of 2005 (EXHIBIT 14) for the 60 acres (parcels 1, 2, & 3) within the PUD that does not currently have a SDP or Plat submittal under review at Collier County. Additional preconstr-uction surveys have been conducted as part of the plat 1 construction for Black Bear Ridge. The following summarizes results on the Wolf Creek property: See the protected species surveys for specific details. See the table in item (B.) below for listed species which might reside in habitat similar to what exists on this property. Surveys done prior to 2005 did not include in their methodology specific dates and times of the fieldwork, but rather noted man hours spent on the site. The attached 2005 surveys (EXHIBI'T'S 13 & 14) were conducted on the following dates & times: Mederos 20 Acre Parcel (Parcel 11) Date Start Time End Time F6.5 hours Task December 14, 2004 9:00am 3:3 m March 7, 2005 9:00am 3:30 rn 6.5 S ecies Survey S ecies Survey ' OLM � i✓ � � Wolf Creek Estates 60 Acres (Parcels 1.2.3A. & _i1.) Date Start Time I End Time Hours Task A ril 28, 2005 8:00am 11:00am 3 S ecies Surve April 29, 2005 11:00am 3:0 m 4 S ecies Survey May 20, 2005 2:0 4:0 m 2 S ecies Stuve Total g ba late 2005, it was realized that the Florida Department of Agriculture changed its classification of the common wild pine (Vi llandsia fasciculata). Based on the publication "Notes on Florida's Endangered and Threatened Plants ", Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology- Botany Section, Contribution 38, 4d' Edition -2003) the property was resurveyed for wild pine at this time. Wild pine plants are present in trees scattered throughout the property. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. G :fly?mj= FOft* A317 -A Wolf Creek E=aWF�UD A w ftweAth Subw=OZuvmmmemW lqw Stmemm-06 -WAI c Packet Page -4046- N OR to 66 LU P y <P W V V ur w p Z (� N W y. ku Sa N W J h y) (� h W O cc Q W W w Uj !- L � O Co LU }� V p w I W V I. r Cm I N •� � I O I � O .J Packet Page -4048- 5/14/2013 17.B. J Q LU Q v °o n LU F z J LL v.J w a w (� U Ow �/ a 6.0 0 p wF- LU ® U Fw- w �f. U T u q ys d N `mod gg$d �W e x'11 = I ui z _ - -_ -- I I a J� I Z� • ' I I I — — —J ICI I �I J N Packet Page -4048- 5/14/2013 17.B. J Q LU Q v °o n LU F z J LL v.J w a w (� U Ow �/ a 6.0 0 p wF- LU ® U Fw- w �f. U T u q ys d N `mod gg$d �W e 5/14/2013 17.B. HOOVER PLANNING & DEVELOPMENT9 INC. Land; Environmental & Traffic Planning .Consultants 3785 Airport Road North, Suite B -I, Naples, Florida 34105 Project: WOLF CREEK ESTA'T'ES 60 ACRES SECTION 34 TOWNSHIP 48 SOUTH, RANGE 26 EAST APPROXIMATELY 60.84 ACRES Presented t®: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTIME T 2800 NORTH HORSESHOE DRIVE_ NAPLES, FL 34104 Dated: May 24, 2005 Fit% 1.5 1-1 MIA PDDZ -A- 2006 -7422 REV:6 PROJECT #2005040002 DATE: 12/15/06 KAY DESEL,EM Packet Page -4049- 5/14/2013 17.B. W01f Creels Estates 60 Acres Protected Species Survey Page 2 INTRODUCTION The purpose of this report is to detail results of a protected species survey conducted on the 'ATolf Creek Estates 60 acre parcel in April & May of 2005 by personnel from Hoover Planning & Development, Inc. LOCATION Wolf Creek Estates 60 acre property is located west of Collier Boulevard and is bisected by . Wolfe Road, in Section 344 Township 48 South-, Range 26 East, in Collier County, Florida. The parcels together total approximately 60.84 acres. This 60 acres is a portion of the Wolf Creek PUD. It is the only portion of the PUD that does not have a Plat or SDP application filed with Collier County. SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -scale Development in Florida." This technique is made up of the following steps: First, vegetation communities or land -uses on the subject site are delineated on a recent aerial photograph (Collier County 2002) using the Florida. Land Use, Cover and Forms Classification System ( FLUCFCS). Next, the FLUCFCS codes are cross - referenced with a list of protected species (FWC - Florida's Endangered Species, Threatened Species & ,Species of Special .Concem- Official Lists, Publication Date: August 1, 1997). The result is a composite table. that contains the names of the protected species which have the highest probability of dccurring in each particular FLUCFCS community. See table 1 of this report for the species list that applies to this property. With a list of the potential Iisted plants and animals, each FLUCFCS community is searched in the field for these species. An intensive pedestrian survey is conducted using belt or meandering traasects and 10 x 36 binoculars as a means of searching for plants and animals. If necessary, transect integrity is maintained by using a GPS in track mode. In addition, periodic "stop -look- listen" and quiet stalking methods are conducted for animals. Signs or sightings of all listed and non - listed species are then recorded. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of gopher tortoise, wading birds, Big Cypress fox squirrels, and red - cockaded woodpeckers (RC W). EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey varied from the upper 60's to the mid 80's. Cloud cover was generally sunny. to partly cloudy for each site visit. Approximately 9 man= hours were logged on the property during the species survey. Table 3 details dates and times spent in the field. The property contains two former single family mobile home sites and five excavated borrow areas. G.WP P*= ReA3WzU 17.A Wolf Creek Ea;u.iF.�.ft.APr0=ed Species Survey 60 AOPmened Speces Survey doe Packet Page -4050- 5/14/2013 17.B. Wolf Creek Estates 60 Acres Protected Species Survey Page 3 The property has the following surrounding land uses: West I? esidertial (lslaridwalk) North Vacant Land (Palermo Cove PUD) South Vacant Land (Portofino Falls SDP) East Vacant Land (Palermo Cove PUD1Black Bear Ridge Subdivision) Listed below are the FLUCFCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCFCS map: See Florida Land Use, Cover and Forms Classification System (Department of Transportation.; Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4. Pine Flatwoods, FLUCFCS 411 Approximately 29 95 Acres This is the community is found in large tracts throughout the parcel_ Vegetation consists of slash pine and scattered cabbage palm or cypress in the canopy. Other vegetation observed includes grapevine, palmetto, smilax,'poison ivy, Caesar weed, beautyberry, myrsine, buckthorn, penny royal, scattered Brazilian pepper, melaleuca, dahoon holly, woodbine, saw grass, wax myrtle, and scattered buttonbush. Melaleuca. FL UCFCS 424 Approximately 2 34 Acres ui5 is iae community is round along the north and south margins of the parcel with the borrow lakes. Vegetation consists of melaleuca and scattered slash pine or cypress in the canopy. Other vegetation observed includes grapevine, smilax, poison ivy, Caesar weed, buckthorn, penny royal, and scattered Brazilian pepper. Melaleuca forms greater than 75% of the canopy. Drained Pine- CypPess- Cabbage Palm with Grapevine FL UCFCS 624 Drained Grapevine, Approximately 1 S 57 Acres This community is the second largest single community type. Canopy is dominated by a mix of cypress and slash pine. Other vegetation present includes scattered palmetto, cabbage palm, scattered swamp fern, grapevine, saw grass, wax myrtle, melaleuca, Brazilian pepper, dog fennel, and Caesar weed. Disturbed Lands FLUCFCS 740 Approximately 1 42 Acres These areas were former mobile home sites. Canopy and midstory vegetation is absent. Groundcover includes grapevine, Caesar's weed, sandspur, balsam apple, and Bahia. Limerock Road (Wolfe Road) FLUCFCS 814 Approximately 151 Acres G --W? Pmj= Fi1c130 sU I7-A Wo1CGrl Fsmt esl iro-- WV-m..d Spew Survry GO ACTrot=vd Spedm Survry.doe Packet Page -4051- 5/14/2013 17.B. Wolf Creek Estates 60 Acres Protected Species Survey Page 4 Wolf Road bisects the property. The R.O. W. has been cleared. Vegetation is typical of that found in roadside swales. Borrow Lakes, 4,2proximately 10.05 Acres Five borrow lases are located on the parcel. The lakes appear to have been excavated from uplands. RESULTS The various protected species which may occur in the corresponding FLUCFCS communities are shown in Table 1. All plant & animal species observed on the subject parcel are detailed in Table 2. See attached drawing entitled "Wolf Creek "Estates 60 Acres — Protected Species Survey" for representative.survey transects., No listed species or signs of listed species were observed on the property. DISCUSSION The site is completely surrounded by development, severely limiting habitat value. The following is a'brief discussion of each protected species that may use this parcel based on the habitat available: Gopher Tortoise Palmetto within the pine flatwoods on the property is very dense and overgrown, without adequate foraging areas for tortoise. No signs of gopher tortoise were observed. RCW All areas of the site containing slash pine trees large enough to contain red - cockaded woodpecker cavities were examined thoroughly using binoculars in a tree -to -tree search method. No cavities were found. Wading Birds Several wading birds were observed using the borrow lakes on the property, but no listed species were documented. Fox Squirrels No fox squirrels or fox squirrel nests were observed during this survey, however a fox squirrel was observed during a previous protected species survey (April 2003) of the property. G -W Project Frd-&W V IT -A wolrcrerk Species Survey 60 ACU rweesed Species Survey doe Packet Page -4052- 5/14/2013 17.B. Wolf Creek Estates 60 Acres Protected Species Survey Page 5 Table I. Protected species list according to FLUCFCS category. FLUCFCS Potential Listed Species Scientific Name Designated Status FWC or FDA FWS 411 Beautiful Pawpaw Deeringothamnus pulchellus E - E Big Cypress Fox Squirrel Sciurus niger avicennia T _ Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia' Burmannia Sava E _ Florida Black Bear Ursus americanus floridanus T _ Florida Coontie Zamia floridana C _ Florida Panther FeIis concolor coryi E E Gopher Frog , Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Red- Cockaded Woodpecker Picoides borealis .. T E Sadnleaf Chrysophyllum oliviforme E _ Southeastern American Kestrel Falco sparverius paulus T _ Twisted Air Plant Tillandsia flexousa E _ Wood Stork Mycteria americana E E 424 NONE _ 624- American Alligator Alligator miss issippiensis SSC T(S /A) Drained- Everglades Mink Mustela visors evergladensis T _ Grapevine Florida Black Bear Ursus americanus floridanus T _ Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Little Blue Heron Egretta caerulea SSC - Snowy Egret Egretta thula . SSC - Limpkin Aramus guarauna SSC - Tricolored Heron Egretta tr-icoIor SSC Wood Stork Mycteria americana E E 140 Burrowing Owt Speotyto cunicularia SSC - Gopher Tortoise Gophenss polyphemus SSC - 814 NONE _ Borrow American Alligator Alligator mississippiensis SSC T(S /A) Everglades Mink Mustela vison evergladensis T _ Limpkin Aramus gunrauna SSC - Little Blue Heron Egretta caerulea SSC - Reddish Egret ' Egretta rufescens SSC - Roseate Spoonbill Ajaia ajaja SSC - Snowy Egret Egretta thula SSC - Tricolored Heron I Egretta tricolor SSC - Abbreviations: Agencies FWC =Florida Fish and Wildlife Conservation Commission FDA =Florida Department of Agriculture and Consumer Services FWS= United States Fish and Wildlife Service Status E= Endangered T= Threatened T(S/A)=Threatened/Similarity of Appearance. SSC = Species of Special,Concern G:Ie Project Flesl3DOW 17 -A Wolr Creel- FmsteslEnvironmentsUrwecred Species Survey 60 ACTruu=ed Spades Survry' .doc Packet Page -4053- 5/14/2013 17.B. Wolf Creek Estates 60 Acres Protected Species Survey Page 6 Table 2. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property. Birds Common Name Scientific Name Observation Type Listed? Status rnin Dove Zenaida macroura DV, HV N DV mon Ni thawk 5Red Chordeiles minor DV N _ t Blue Heron Ardea herodias DV N Common Name Scientific Name Bellied Wood ecker Melan es carolirw DV,HV N _ ey Vulture Cathartes aura DV N LT - Black Vulture• Cora gyps atratur DV - N _ Mammals Commo Scientific Name Observation LENT- 7;Procyoa atus T e Raccoon lotor OT _ Reptiles Common Name Scientific Name Observation Listed? Status T e (Y 7SoOuthe7 Anoie Anolis sagrei DV N m Black Racer Coluber constrictor priapus DV N _ Am hibians Common Name Scientific Name Observation Listed? Status. T e vaic Toad I Buto quercicus DV LT - Plants . Common Name Scientific Name Observation Listed? Status T e NONE _ Abbreviations: Agencies FWC= Florida Fish and Wildlife Conservation Commission FDA= FIorida Department of Agriculture and Consumer Services FWS= United States Fish and Wildlife Service Status E= Endangered T= Threatened T(S /A)= Threatened/Similarity of Appearance SSC= Species of Special Concern Observations DV= Direct Visual HV =Heard Vocalization OT—Observed Tracks OH= Observed Hole\Bun ow MT= Marked Tree C--Cavity Q:W h*a ResU00'sU I7 -A Wdrerck Fsn Spc6et Survey 60 ACTmt=ad 5 pedes Survry. doc Packet Page -4054- 5/14/2013 17.B. Wolf Creek Estates 60 Acres 'Protected Species Survey Page 7 'Fable 3. Field time spent on the subject property Date 'Start Time End Time Hours .Task April 28, 2005 8:00am I1:00ain 3 Species Survey April 29, 2005 11-:00am 3:00 m 4 Species Survey May 20, 2005 2:00 m 4:00 pm 2 Species Survey Smilax spp. Total OBL 9 Spermacoce verticillata 'gable 4. Representative vegetation by FLUCFCS community on the Wolf Creek Estates 60 Acres. COMMON STATE ' ' NAME NAME LISTED STRATUM 411 — fine Flatwoods Common Ilex glabra gallberry UPL mid -story Piloblephis rigida pennyroyal UPL ground cover Pinus elliotti pine (slash pine) UPL canopy Sabal palmetto cabbage palm FAC canopy Serenoa repens saw palmetto UPL mid -story Smilax spp. Smilax OBL vine Spermacoce verticillata false buttonweed FAC ground cover Urena lobata Caesar weed UPL ground cover Vitis rotundifolia muscadine grape FAC vine Occasional Amohicaroum muhlenberi ianum blue maidencane FACW ground cover Blechman serrulatum swamp fern FACW ground cover Bumelia celastrina buckthorn FAC mid -story Cephalanthus occidentalis buttonbush OBL mid -story Cladium jamaicense saw grass OBL ground cover Eupatorium capillifolium dog - fennel FAC ground cover Melaleuca quinquenervia* melaleuca FAC canopy Polypremum procumbens rustweed FAC ground cover Rhus copollina southern sumac UPL midstory Schinus terebLwhifolius* Brazilian pepper FAC mid -story *invasive exotic G.-*W Projeu RIesU00'017 -A Wolf Gut Esaft&vEnV1I=nc=N�r=ctd Species SumT 60 AC\ r=ctd Species Swwey. d= Packet Page -4055- 5/14/2013 17.B. Wolf Creek Estates 60 Acres Protected Species Survey Page 8 Table 4 (Continued). representative vegetation by FLUCFCS community on the Wolf Creek Estates 60 Acres. . COMMON STATE NAMIE NAME LISTED STRA-1 UM 424 — Melafeuca blue maidencane FACW. Common Blechman serrulatum swamp fern Melaleuca quinquene"ia* melaleuca FAC canopy Smilax spp• Smilax vine Spermacoce verticillata false buttonweed ground cover Urena lobata Caesar weed UPL ground cover Vitis rotundfolia muscadine gape vine Occasional blue maidencane FACW. Common Blechman serrulatum swamp fern FACW ground cover Pimps elliotti pine (slash pine) UPL dopy Taxodium distichum bald cypress OBL canopy Bumelia celastrina - buckthorn FAC mid -story Schinus terebbghifolius* Brazilian pepper FAC mid -story *invasive exotic SCIENTIFIC COMMON STATE NAME NAN E LISTED STRATUM 624 — Drained Piae/Cvnress /Cabbaue nalm -with Grapvme blue maidencane FACW. Common .Blechnum serrulatum swamp fern Myrsine floridana myrsine mid -story Pihus elliotti ' pine (slash pine) canopy Sabal palmetto cabbage palm FAC canopy Schinus terebinthifolius* Brazilian pepper FAC mid -story Smilax spp. Smilax vine Spermacoce verticillata false buttonweed ground cover Taxodium distichwn bald cypress OBL canopy Toxicodendron radicans, poison ivy vine Vitis rotundifolia muscadine grape vine Urena lobata Caesar weed UPL ground cover Occasional Amphicarpum muhlenbergianum blue maidencane FACW. ground cover .Blechnum serrulatum swamp fern FACW ground cover Cladium jamaicense saw grass OBL ground cover Ilex cassine dahoon holly OBL mid -story Melaleuca quinquenervia* melaleuca FAC canopy Myrica cerifera wax myrtle FAC mid -story Rhodomyrtus tomentosa* downy rose myrtle FAC ground cover WoodWardiavirgrnica chain fern FACW Around cover *invasive exotic f WF' Prof ReA3WA3 17 -A Woff Creels Fa.r'aa...,:ro Prote¢cd Spcaa Smvg 60 Ac%hat=W Spmee Smvey.doe Packet Page -4056- 5/14/2013 17.B. Wolf Creek (Estates 60 Acres n Protected Species Survey Page 9 Table 4 (Continued). Representative vegetation by.'FLUCFCS community on the Wolf Creek Estates .60 Acres. G:)fl? P oj= FilesUWA3 f 7 -A Wolrcrea eaed Sped_ Survry 60 ACpcote SP-6n Survey.d. Packet Page -4057- COMMON STATE NAME VAII -E USTEL STRATi;';,t . 740 - Disturbed Lands Common ` Bidens pilosa Spanish needles FAC Cenchrus spinifex coastal sandspur ground cover Paspalum notatum bahia grass UPL ground cover Urena lobata Caesar weed UPL ground cover Occasional lritis rotundifolia muscadine grape Momordica charantia wild balsam apple vine Piloblephis rigida pennyroyal UPL vine ground cover *invasive exotic' G:)fl? P oj= FilesUWA3 f 7 -A Wolrcrea eaed Sped_ Survry 60 ACpcote SP-6n Survey.d. Packet Page -4057- p ®® s� 5/14/201317.6. TWP. 48S. -RNG. 28E. I MILES 1 112 AIORYHEAS i QUADRANT SOUTHEAST QUADRANT o eeo t3zo OD 2040 1 F.ET1 Bzso COLLIER COUNTY, FLORIDA SEEPAGE36 ui Dd$iFR PAUL OF T,HP. 4BS: RPS{2, 2BE, m' HANN J.D. 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I t Wolf Creek PUD Collier County Environmental Impact Statement Page 2 of 37 ENVIRONMENTPS, IMPACT STATEMENT 10.02.02 Submittal Requirements for All Applications 4. Information required for application. a. Applicant i- *Iformation. i. Responsible person who wrote the EIS and his /her education and job related environmental experience. Jeremy Sterk, B.S., Aquatic Biology, 12 years job related experience. A resume is attached. ii. Owners) /agent(s) name, address, phone number & e -mail address. Buckstone Estates, LLC 3775 Airport Road North, Suite B Naples, FL 34117 Phone: (239) 403 -8899 Fax: (239) 403 -9009 Email: billhflhoovemlauniva.com. EVIVA] Wolf Creek Estates, LLC 3775 Airport Road North, Suite B Naples, FL 34117 Phone: (2')9)40')-8899 Fax: (239) 403 -9009 Email: billh,izhooverplanaina.com Prime Home Builders 21218 St. Andrews Blvd', #510 Boca Raton, FL 33433 Phone: (954) 392 -8788 Email: larrSr�abbo.net b. Mapping and support graphics. i. General location map. See attached site location map. ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel' boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of . G.W Project FdesUD O 17 -A Wolf Creek Euates\EnvinmmpmzVUD Amendmea th SubmiturTmn konmental Impact Statemem4)6- NF.doc Packet Page -4067- 5/14/2013 17.B. Wolf Creek PUD Collier County Eny;ronmental Impact Statement �1 Page 3 of 37 Transportation Florida Land Use Cover and Forms Classification System (FLUCCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCCS categories found on -site shall be included on the aerial. Due to the long history of this PUD, several FLUCCS exhibits are included with this EIS for clarity. A large portion of the PUD is already under construction. In order to show how native vegetation calculations were achieved, the FLUCCS mapping depicts conditions in the PUD prior to construction. Therefore, native communities were mapped according to the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCCS) and their boundaries are depicted on the attached 2005 aerial at a scale of 1" =400' (EXHIBIT 1). Also attached is an 8 lh ".X 11" sheet (1" =600') with FLUCCS mapping for clear reference (EXHIBIT 2). The maps are entitled "Wolf Creek PUD — FLUCCS Mapping for Native Vegetation Calcs ". Both maps detail FLUCCS mapping 200' outside the PUD boundary. Mapping outside the boundary of the PU-D was done through aerial interpretation. An additional FLUCCS map is included that details the original FLUCCS mapping over a more recent 2006 aerial (EXHIBIT 3). This exhibit illustrates the portions of the PUD that have already been platted and are under construction. iii. Topographic map and existing drainage patterns if applicable. Where r� possible, elevations- within each of FLUCCS categories shall be provided. Site elevations average approximately 12.6' NCVD. The site is bisected by Wolf Road, which is un- culverted. Currentiv'drainal?e is to the south and southwest.. See attached topographic mapping. (E)CHIBIT 4) There are multiple elevations in each FLUCCS community. iv.. Soils. map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. Soils lines have been digitized from the Natural Resources Conservation Service (NRCS) map of Collier County: A map detailing the soil types found on the subject property is included at a scale of I" =500' and is attached on an 81/" X 11" sheet. The map is entitled "Wolf Creek PUD— RCS Soils Mapping" (EXHIBIT 5). v., Proposed drainage plan indicating basic flow patterns, outf all and off - site drainage. See attached 11 "xl T' PUD Master Plan, Exhibit B provided by Banks Engineering (EXHIBIT 6). vi. Development plan including phasing program, service area of existing.and proposed public facilities, and existing and proposed transportation network in the impact area. G.W Pmj= Re,%3WO 17 -A Wolf Cre k Fuz=t EnHronmeot Wl> Ammdmentl4tb SubmwahEnvimnmemal Impact Sena ent-D& E.dx Packet Page -4068- 5/14/2013 17.B. Wolf Creek PUD �\ Collier County Environmental Impact statement Page 4 of 37 See attached PUD Master Plan, Exhibit A provided by Banks Engineering (EXHIBIT 7). Wolf Creek PUD is controlled by several entities. Currently a portion of the PUD has been platted as the first phase of Black Bear Ridge. A second owner has applied for an SDP for multi- family units called the Falls at Portofino and construction has commenced. The appropriate transportation network of existing and proposed roads in the vicinity of Wolf Creek is shown on the PUD Master Plan. vii. Site plan showing preserves or. -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. See attached "Existing Conditions — Approved vs. Proposed Preserves ".(EXHIBIT 8) and "Approximate Preserves on Adjacent Properties" (EXHIBIT 9) maps. Also see attached PUD Master Plan, Exhibit's "A" and "B" (EX=BITS 6 R 7). For much of the property, surrounding development is in place and precludes Wolf Creek from matching preserves, but preserves have been matched wherever possible. The Wolf Creek PUD has provided a significant preserve in the north of parcel 2 in order to preserve the SFWMD wetlands on the property and to tie into a major wetland flow - way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. viii. For properties in the R.LSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not Applicable. The Wolf Creek PUD is not located in the RLSA or the Rk'MU. c. Project description and QMP .consistency determination. Provide an overall description of the project with respect to environmental and water management issues. Project Description_ The Wolf Creek PUD is a 167.96 acre project-with a mix of single family and multi- family residential units. Recreational facilities and other facilities and services will be Provided in conjunction with the dwelling units. Residential land uses, recreational. uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. The PUD will consist of 3 separate residential projects; a single family subdivision to be known as "Black-Bear Ridge ", a muti - family project known as "The Falls at Portofino" and a single family project known_ as "Wolf Creek". Environmental Issues Environmental issues on the Wolf Creek PUD are very minor. The PUD is proposing only 0.67 acres of wetland impact to isolated wetlands. Squirrels such as gray or Big GAHP Prged Res\30OW 17 -A WOIrCreet tsmt \Envim=emzhPUD AmendmmcNth Impact Swwet- 06 -W.d= Packet Page -4069- 5/14/2013 17.B. Wolf Creek PUD Collier County Environinental Impact statement Pagge 5 of U Cypress fox squirrels may use the property. No other listed species have been observed. The project has minimized impacts by providing 25% indigenous vegetation on the property and by managing these areas for squirrels. Existing Site Conditions Name: Improved Pasture Code: FLUCCS 211 AcreMe: 14.97 Acres Description: This portion of the property along Vanderbilt Beach Road contains agricultural lands that are currently being used for grazing cattle. Vegetation is limited to those species commonly associated with heavy cattle grazing. SCIENTIFIC COMMON NAME NAME STRATUM 211 -Improved Pasture Common Digitaria serotina dwarf crabgrass ground cover Paspalum notatum Bahia grass ground cover Phyla nodifora capeweed bound cover Occasional Eupatorium spp dog fennel bound cover Name: Palmetto Prairie Code: FLUCCS 321 Acreage: 1.42 Acres Description: Dominant vegetation consists of saw palmetto with tar flower, grapevine and smilax. Palmetto in this area is extremely dense, nearly choking out all other groundcover. SCIENTIFIC NAME COMMON NAME STRATUM 321 - Palmetto Common Ilex"glabra gallberry mid -story Lyonia ferruginea rusty lyonia mid -story Piloblephis rigida pennyroyal bound cover Rhus copallina southern sumac tridstory Serenoa repens saw palmetto mid -story Smilax spp. smilax vine Vids rotundifolia muscadine grape vine Occasional BumeRa celastrina buckthorn mid -story Lachnocaulon anceps bog button ground cover CrW Project Files�3DOtA3l7 -A Wolf Cred: Fsmcs\FnvironmenuMUD Amendmmtl4& SubmauflFsvironmmW Impact Sutvnertt- 06-NU- Packet Page -4070- 5/14/2013 17.B. Wolf Creel: PUD Collier County Environmental Impact siatement Pale 6 of 37 Pinus elliotti pine (slash pine) canopy Sabal palmetto . cabbage palm canopy Name: Pine Flatwoods Code: FLUCCS 411 Acreage: 46.44 Acres Description: This is the community is found in large tracts throughout the parcel. Vegetation consists of slash pine and scattered cabbage palm or cypress in the canopy. Other vegetation observed includes grapevine, palmetto, smilax, poison ivy, Caesar weed, beautyberry, myrsine, buckthorn, penny royal, scattered Brazilian pepper, melaleuca, dahoon holly, woodbine, saw grass, wax myrtle, and scattered buttonbush. Occasional Melaleuca quinquenervia* COMMON canopy NAME NAME STRATUM 411 —Pine Flatwoods Brazilian pepper mid -story Dominant wax myrtle mid -story Pinus elliotti pine (slash pine) canopy Gitis rotund folia muscadine grape vine Common Piloblephis rigida pennyroyal ground cover Taxodium ascendens pond cypress canopy Sabal palmetto cabbage palm canopy Serenoa reDens saw palmetto mid -story Smilax spp. Smilax vine 11ex cassine L-11.. uunuvn puny 4.7 ..a- -. lulu7bLut y Urena lobata Caesar weed ground cover Toxicodendron radicans poison ivy vine Occasional Melaleuca quinquenervia* melaleuca canopy Bumelia celastrina buckthorn mid -story Schinus terebinthirolius* Brazilian pepper mid -story Myrica cerifera wax myrtle mid -story Rhus copallina southern sumac midstory ? ground lichen ground cover *invasive exotic Name: Melaleuca Code: FLUCCS 424 Acreage: 2.34 Acres Description: This is the community is found along the north and south margins of the parcel with the borrow lakes. Vegetation consists of melaleuca and scattered slash pine or cypress in the canopy. Other vegetation observed includes grapevine, smilax, poison ivy, Caesar weed, buckthorn, penny royal-, and scattered Brazilian pepper. Melaleuca forms greater than 75% of the canopy. G-W Project Real3WA317 -A Wolf Leek Estatet\Envil mewa11PUD Amendmen th Sobm4tarEmir ntal lmpau SWmTtent-06 -HF.dm Packet Page -4071- 5/14/2013 17.B. Wolf Creek PUD Collier County Envirom7lcntal impact Statement Page 7 of37 Name: Cypress Code: FLUCCS 621 Acreage: 9.83 Acres Description: This community is found in five distinct isolated areas. Vegetation consists of cypress, melaleuca, and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes swamp fem, saw grass, scattered grapevine, and buttonbush. The cypress areas all the western boundary of the PUD have areas of -7<04 meiatelica Iu3% appival i 1 -1 , SCIENTIFIC COMMON NAME NAME STRATUM 621 - Cypress Common Blechnum serrulatum Cephalanthus occidentalis Cladium jamaicense Schinus terebinth folius* Taxodium disiichum Melaleuca quinquenervia* swamp fern COMMON buttonbush NAME NAME STRATUM 424—Melaleuca mid -story bald cypress Common melaleuca canopy Melaleuca quinquenervia* melax vine Smilax spp. Spernsacoce verticillata Smilax false buttonweed vine vine v ground cover Urena lobata Caesar weed ground cover Vitis rotund folia muscadine grape vine Occasional Blechnum serrulatum swamp fern ground cover Pinus elliotti pine (slash pine) canopy Taxodium distichum bald cypress ropy Bumelia celastrina buckthorn mid -story Schinus terebinthifolius* Brazilian pepper mid -story *invasive exotic Name: Cypress Code: FLUCCS 621 Acreage: 9.83 Acres Description: This community is found in five distinct isolated areas. Vegetation consists of cypress, melaleuca, and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes swamp fem, saw grass, scattered grapevine, and buttonbush. The cypress areas all the western boundary of the PUD have areas of -7<04 meiatelica Iu3% appival i 1 -1 , SCIENTIFIC COMMON NAME NAME STRATUM 621 - Cypress Common Blechnum serrulatum Cephalanthus occidentalis Cladium jamaicense Schinus terebinth folius* Taxodium disiichum Melaleuca quinquenervia* swamp fern ground cover . buttonbush mid -story saw grass ground cover Brazilian pepper mid -story bald cypress canopy melaleuca canopy Occasional Boehmeria cylindrica false nettle ground cover Ilex cassine dahoon holly mid -story Myrica cerifera wax myrtle mid -story Pinus elliotti pine (slash pine) canopy Smilax spp. Smilax vine Vitis rotundifolia muscadine grape vine *invasive exotic Name: Drained Cypress -with Grapevine G:Ve P q. Fi.rV. .017 -A Wolf Leek ESMM\E.nvkonme+dillPUD A,omdmnd\4& submimPEmimm odd Imp>m Sogw=t- 06- NF.doc Packet Page -4072- 5/14/2013 17. B. wolf Creek PUD Collier County Environmental Impact Statement Page 8 of37 Code: FLUCCS 621- Drained- Grapevine Acreage: 6.61 Acres Description: This community is found in several pockets throughout the property. Vegetation consists of cypress and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes Caesar's weed, dense grapevine, poison ivy, and scattered swamp fern. This community is severely drained and was considered uplands by SFWMD. SCIENTIFIC COMMON NAME- NAME STRATUM 621 — Drained - Grapevine Common Myrsine floridana Schinus terebinthifolius* Smilax spp. Taxodium distichurn Toxicodendron radicans Vitis rotundifolia myrsine mid -story Brazilian pepper mid -story Smilax vine bald cypress canopy poison ivy vine muscadine rape vine Occasional Boehmeria cylindrica. false nettle ground cover Ilex cassine dahoon holly mid -story MelaZeuca quinquenervia* melaleuca canopy Myriea eerifera wax myrtle mid -story Pimcs elliotti pine (slash pine) canopy Smilax spp. Smilax vine Urena lobata Caesar weed ground cover Ydis rorunagona muscadine grape vine *invasive exotic Name: Cypress with Melaleuca Code: FLUCCS 621/424 Acreage: 1.66 Acres Description: This community is found in the western cypress area, adjacent to the Islandwalk community. Vegetation consists of cypress, melaleuca, and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes swamp fern, saw grass, and buttonbush. Although this community has melaleuca in the canopy that is approximately 75 %, it has adequate native canopy and groundcover vegetation to be classified as indigenous. It has been included in indigenous calculations. SCIENTIFIC COMMON NAME NAME . STRATUM 621/424 — Cypress with Melaleuca 0.'W Project F- JeA3WA317 -A Wolf Creek Fs0mm�EnYiron =WTtJD Amendmerdl4th SubmitnllEmiionmennl input suummt- D&W.doe Packet Page -4073- Common false nettle Blechman serrulatum swamp fern Cephalanthus occidentalis buttonbush Taxodium. distichum bald cypress Melaleuca quinquenervia* ' melaleuca Occasional 5/14/2013 173. Wolf Creek PUD Collier County Enviroiunental Impact Statement Page 9 of37 ground cover mid -story canopy canopy Boehmeria cylindrica false nettle ground cover Ilex cassine dahoon holly mid -story Schinus terebinthifolius* Brazilian pepper mid -story Pinus elliotti pine (slash pine) canopy Smilax spp. Smilax vine Vitis rotun&folia muscadine grape vine *invasive exotic pine (slash pine) canopy Name: Cypress - Fine - Cabbage Palm with Melaleuca Code: FLUCCS 624/424 Acreage: 4.18 Acres Description: This wetland community is the found on the cast and west ends of parcel 2. Canopy is dominated by a mix of cypress and slash pine. Other vegetation present includes cabbage palm, swamp fern, grapevine, saw grass, wax myrtle, melaleuca, buttonbush, dog fennel, and Caesar weed. SCIENTIFIC COMMON NAME NAME STRATUM 624 — Pine/Cypress /Cabbage palm - with Melaleuca Common Myrsine floridana myrsine mid -story Pietas elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Melaleuca quinquenervia* melaleuca canopy Smilax spp. Smilax vine Spermacoce verticillata false buttonweed ground cover Taxodium distichum bald cypress canopy Amphicarpum muhlenbero anon blue maidencane ground cover Blechnum serrulatum swamp fern ground cover' Cladium jamaicense saw grass ground cover Occasional Ilex cassine dahoon holly mid -story Toxicodendron radicans poison ivy vine Yltis rotundifolia muscadine grape vine Urena lobata Caesar weed ground cover *invasive exotic- Name: Drained Cypress - Pine - Cabbage Palm -with Grapevine G.W Project FIe13DDW 17 -A Wolf Creel' Escw=*. immicaa1TUD Ame Wmcn th SubminaTEmwitronmental Impact Statemen-0&NEdoc Packet Page -4074- 11—\ 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact statement Page 10 of 37 Code: FLUCCS 624 - Drained - Grapevine Acr=e: 59.15 Acres Description: This community is the largest single community type.. Canopy is dominated by a mix of cypress and slash pine. Other vegetation present includes scattered palmetto, cabbage palm, scattered swamp fern, grapevine, saw grass, wax myrtle, melaleuca, Brazilian pepper, dog fennel, and Caesar weed. Hydrology is severely lacking- in this community as indicated by the dominance of upland pioneers in the ground cover. Occasional Amnhfrnrnum muhlenoergianum blue maidencane bound cover SCIENTIFIC COMMON bound cover NAME NAME STRATUM 624—Drained dahoon holly mid -story Pine/Cypress /Cabbage palm -with melaleuca canopy Grapvine wax myrtle mid -story Common downy rose myrtle ground cover Myrsine floridana myrsine mid -story Finus elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Schinus terebinthifolius* Brazilian pepper mid -story Smilax spp. Smilax vine Spermacoce verticillata false buttonweed ground cover Taxodium distichum bald cypress canopy Tozicodendron radicans poison ivy vine Vitis rotundifolia muscadine grape vine Urena lobata Caesar weed ground cover Occasional Amnhfrnrnum muhlenoergianum blue maidencane bound cover t,.. _. r. _....... _.. Blechnum serrulatum swamp fern bound cover Cladium jamaicense saw grass ground cover Ilex cassine ' dahoon holly mid -story Melaleuca quinquenervia* melaleuca canopy Myrica cerifera wax myrtle mid -story Rhodomyrtus tomentosa* downy rose myrtle ground cover Woodwardia virginica chain fern ground cover ''invasive exotic Name: Disturbed Lands.. Code: FLUCCS 740. Acreage: 4.06 Acres Description: These areas were historically cleared to varying degrees and include the Wolfe Road ROW, former mobile home sites, and the. lands surrounding the borrow lakes. Groundcover includes scattered grapevine, Caesar's weed, sandspur, balsam apple, and bahia. The area appears to be maintained by mowing. G.-W Project ReA300`017 -A WDTC e L Estam MmvironmemaAPUD Am=ttn MMth SubmittahEmiM=e=1 Impaa St temem-OrrNF.dM Packet Page -4075- 5/14/2013 17. B. Wolf Creek PUD Collier County Environmental Impact Statement Page 11 cf37 COMMON NAME NAME STRATUM 740 —Disturbed Lands Common Bidens pilosa Cenchrus spin fex Paspalum notatum Urenalobata Occasional Vitis rotundifolia Momordica charanda Pinus elliotti Rhus copallina Piloblephis rio da *invasive exotic Spanish needles coastal sandspur ground cover Bahia grass ground cover Caesar weed ground cover muscadine grape vine wild balsam apple vine pine (slash pine) canopy southern sumac midstory pennyroyal ground cover Name: Limerocic Road (Wolfe Road) Code: FLUCCS 814 Acreage: 2.07 Acres Description: Wolf Road bisects the property.. The R.O.W. has been cleared. Vegetation is typical of that found in roadside swales. Name: Borrow Areas Code: Borrow Area Acreage: 15.23 Acres Description: Six borrow areas are located on the parcel. The areas appear to have been excavated from uplands in the early 1980's as fill operations. They were classified as "Other Surface Waters" by the South Florida Water Management District. ImDact Areas: Upland areas being impacted are predominately made up of the pine flatwoods and drained mixed pine - cypress habitat listed above ( FLUCCS 411 & FLUCCS 624 -D -G). The majority of these areas were historic transitional wetlands that have been drained by isolation. Currently all habitats on this property are surrounded by development and severed from surrounding habitats. The wetlands on the property are completely surrounded by development and have already been severed from any historic connections. They are suffering from reduced hydroperiod caused by roads and canals in the vicinity. The proposed impacts-to wetlands are very minor (approximately 0.67 acres). The impacts will be permitted through the SFWMD and are not expected to result in secondary impacts to the remaining cAHP Pnojea Fae$X30 M317 -A wolrCr=k FsnteAFS mmnc=hPUD.amcDdm=64th submhftMnviromn W Imp&a stK==9- os-WF.da Packet Page -4076- 5/14/2013 173. Wolf Creek PUD Collier County Environmental Impact Statement Page 12 of37 wetlands. As a result of the proposed surface water management system on the property, the wetlands should benefit from an improved hydroperiod Preserve Areas: The wetlands proposed for preserve are the best quality habitat on the site and the applicant has gone to great lengths to minimize impacts to them. The impacts will be permitted through the SFWMD and are not expected to result in secondary impacts to the remaining wetlands. As a result of the proposed surface water management system on the property,,the wetlands should benefit from an improved (more consistent) hydroperiod. Specific vegetation found in the proposed preserve areas can be found in the FLUCCS 621 table above. Water Management System Issues \Description There are no water management issues on this property. Three independent water management systems (west, east, north) will serve this Planned Unit Development (PUD). See PUD Master Plan, Exhibit B for proposed and approved layout. All three - projects within the PUD have acquired permits for their water management systems or are in the process of permitting their system through the SFWMD. See attached SFWMD permit for specific details. Black Bear Ridge Subdivision (east) This system was permitted in the attached ERP permit from the SFWMD. Two wet detention lakes are being utilized for this project. One lake will interface with the preserve area to the south of the property to work as one basin, with control elevation at 12.5' NGVD, according to wetlands indicators. This basin will be used for storm water storage purposes only, not for water quality treatment. The second lake is located.in __'__ anoLad Dash, watre w3LCr qua 11 Ly LIGdLL_F=1L r lU 6LUi6gG Wlll UG [ Wr'VGLL.. 110 URSM has 11.5' NGVD as control elevation. These two basins conform the water management system for this project. After water quality treatment and attenuation requirements have been met, an outfall pipe for the system will be connected to a storm trunkline along the west side of the North -South Road to finally discharge into the Vanderbilt Beach Road ditch. Wolf Creek Subdivision (north) One basin will provide the water management system for this project, which will use the lake areas for water quality treatment. This system will finally discharge into the Island Walk development through flow -way created by the Palermo Cove Project to the north. The Falls at Portofino (west multi- family The multi- family development area of the Wolf-Creek PUD contains approximately 68 acres located in the southwest portion of the* Wolf Creek PUD, The multi- family area will be developed as one Surface Water Management System and designed in accordance with all South Florida Water Management District and Collier County regulations. The Surface Water Management System for the multi - family area will consist of a series of interconnected lakes which will provide water quality and quantity treatment for stormwater -runoff. A large preserve area containing mostly wetland preserves is located along the western boarder of the multi - family area. This preserve area will be included in . GAEV Projea Flesi30MU17 -A WOW Creek E=&&Tnvitonmcnt&N'M Ammdm=d\4td SubmiftOkEnvironmental Impact Statemem4)&-NF.doc Packet Page -4077- 5/14/2013 17.B. Wolf creek PUD Collier County Environmental Impact Statement Page 13 of37 the controlled Surface Water Management System. The preserve area will be connected to the lake system by a controlled structure which will allow treated storm water to flow into the wetland once water quality treatment is obtained. This will allow a natural fluctuation of water levels in the wetland and help maintain the wetland hydro period. The control structure will also allow the preserve to bleed down as the water levels recede. The proposed outfall for the project is the roadside ditch along Vanderbilt Beach Road. A control structure is provided in the southwestern lake which serves as the discharge for the entire multi - family Surface Water Management System. This discharge structure limits discharge from the project to historic rates which has been identified at. 3 5 csm. The control structure further assures that water quality treatment and bleed down is provided in accordance with South Florida Water Management District criteria. ii. Explain how the project is consistent with• each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Goal 6 and Goal 7 of the Conservation and Coastal Management Element of the Growth Management Plan are most applicable to the Wolf Creek PUD. Those objectives and policies are detailed below: GOAL 6: THE COUNTY SHALT IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS Id?ATIVE VEGETATIVE C01&2UNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except =or the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Plea, arid agricultural /Rural Mixed Use District, Rural- Indcstrial District and Rural - settlement Area District as designated on the FLUX, native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria.- According to the Collier County Future Land Use Map, the parcel is located in the Urban Residential Sub - district. The proposed land use for the property is mixed -with a . combination of Institutional and Residential. In this case, the native vegetation preservation requirement is 25 %. The project will meet the requirements of Section 3.05.07 of the Land Development Code and Goal 6 of the Conservation & Coastal Management Element (CCME) regarding retaining and or preserving 25% of the viable naturally functioning native vegetation on- G- WPmj= flie000WI7- AWolfCreekEstnts%Er^jm mbRPWAmeodmmMthSabmitWEmi 'onmratd Imp= Svx=et-06- NF.doc Packet Page -4078- 5/14/2013 17.B. Wolf Crxk.PUD Collier County Environmental Impact statement Page 14 of 37 site, including both the understory and the groundcover emphasizing the largest contiguous areas possible. 251/o of the existing naturally functioning native vegetation is 3232 acres. The indigenous vegetation was preserved with wetlands having the highest priority. Approximately 905% of onsite wetlands are being preserved. The Wolf Creek PUD has provided a significant preserve in the north of parcel 2 in order to tie into a major wetland flow -way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. Policy 6.1.4: Prohibited invasive exotic vegetation sha-11 be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for invasive exotic plan removal and long -term control. (2) Maintenance plans shall describe specific techniques to prevent re- invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. Exotic removal and maintenance plans have been incorporated into each individual SFWMD permit within the Wolf Creek PUD. In addition, each project has developed a n preserve management plan with Collier County. Below is an example monitoring plan as incorporated into the SFWRiD permit Wetland Monitoring Plan The obj ective of the monitoring will be to determine the health of the conservation areas and make an assessment of exotic removal success. Monitoring wiii be conducted annually for five years (for each project within the PUD) and a report will be prepared and submitted to the SFWMD and Collier County that documents the following parameters: ® Panoramic Photographs at four locations (see attached wetland monitoring map for specific locations). Description of vegetation composition and percent coverage along two transects (see wetland monitoring map in the SFWIvM permit for specific locations). Percent cover of nuisance and exotic plant species. a Wildlife observations during the field visit. a Water Level Observations at a pair of staff gauges taken monthly. ® Rainfall Data will be gathered and summarized as monthly amounts A report summarizing the findings of the data gathered will be prepared. The report will evaluate the success of the exotic removahmaintenance activities conducted to date and any remedial activities that are necessary to ensure the success of the mitigation areas. _ See "Wolf Creek - Wetland Monitoring Map" in the attached SFWMD permit for specific locations of the proposed vegetation sampling transacts, photo points, and staff gauges. G:1ElP Project files\300%\317 -A Wolf Credo F"es\EnvironmennMUD AmeadmentMth SubmittaflEwiroomemz! Impact Stuanem- 06- NF.doe Packet Page -4079- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 15 of 37 The following is the approximate work schedule for enhancement work and subsequent monitoring reports. Due to project delays, the schedule is in the process of being modified as part of the overall modification of the SFWMD permit(s). Completion Date Monitoring Activity March 1, 2005 Baseline Monitoring report May 1, 2005 Exotic Removal May 1, 2005 Record Conservation Easements June 1, 2005 Time Zero Monitoring Report June 1, 2006 First Annual Monitoring Report June 1, 2007 Second Annual Monitoring Report June 1, 2008 Third Annual Monitoring Report June 1, 2009 Fourth Annual Monitoring Report June 1, 2010 Fifth Annual Monitoring Report 1 Site Inspection Policy 6.1.5: Agriculture shall be exempt from the above preservation requirements contained in policies 6.1.1 and 6.1.2 of this element provided that any new clearing of land for agriculture shall not be converted to non- agricultural development for 25 years... Parcel_ number 5 within the Wolf Creek PUD is cleared and was historically in agricultural use. This parcel and the parcel to the east (which is Carolina Village MPUD) were discussed with Barbara Bergesson regarding their estimated clearing dates (late 1976 to early 1977) and available information. She agreed that based on available 1111111111IUU111, L11Gy wulc lcgany Gin- ru p11Ui LU 1..uwul ,,uuuLy J TEgU1rt IMenL of a nonce of commencement for clearing. Policy 6.1.7: The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation_. The Wolf Creek PUD will meet the appropriate littoral zone requirements in the onsite' lakes. Native vegetation species will be incorporated into landscaping wherever possible. Policy 6.1.8: An Environmental Impact Statemesit (EIS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and community and to in -sure that planning and zoning decisions are made with a complete understand of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. Refer to this document. OBJECTIVE 6.2: GAHP Project FDtA3WSU 17 -A Wolf Creek Estat W&Yim=eonllPUD AmendmenMth Submitt&REnvirontoenW Impsd St temmt- 06-NF.doc Packet Page -4080- 5/14/2013 17.B. wolf creek PUD Collier County Environmental impact Statement Page 16of37 The County shall protect and conserve wetlands and the natural functions. of wetlands. The following policies provide criteria to make this objective measurable. These policies.shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 6.2.1: As required by Florida Administrative Code 9J5- 5.006(1)(10), wetlands identified by the 1994 -95 SFVaM land use and land cover inventory are - mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to policy 6.2.2 of this element at the time of project permitting to determine the enact location of wetland boundaries. Wetland jurisdictionals have been conducted on all parcels in the PUD. There are approximately 15.67 acres of Collier County & SFWMD jurisdictional wetlands on the property. Property within the Wolf Creek PUD is covered by a number of different separate SFWMD wetland jurisdictionals and site visits done at different times. An 8.5" x 11" drawing is enclosed that summarizes the SFWMD jurisdictional wetlands for the Wolf Creek PUD (EXIfiBIT 10). Also included are the individual SFWMD jurisdictional letters that correspond to these wetland jurisdictionals. A wetland ID map is attached the details the specific locations and sizes of SFWMD \Collier County wetlands and "other surface waters ". All property within the Wolf Creek PUD has a wetland jurisdictional in writing or was verified by a site visit as part of ongoing permitting\modifications with the SFWIv1D. Confirmation of the site visits for parcel 2 and.parcel 9 can be obtained by contacting Krista Gentile or Marie Dessources of the SFWMD. Policy 6.2.2: Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries are further described by the delineation methodology in Section 373.421 Florida Statutes. All of the wetlands on the property have been flagged and field verified by agency personnel. The approved lines have been surveyed and are shown on the attached Wetland ID Map (EXHIBIT 11). Policy 6.2.3: Collier County shall implement.a comprehensive process to ensure wetlands and'the natural functions of wetlands are protected and conserved--.Where permits issued by such state-or federal agencies allow for impacts t6 wetlands within the Urban and Estates designated areas and require mitigation_ for such impacts, this shall be deemed to preserve and protect wetlands and their functions_ All properties within the PUD either have an approved ERP or are in the process of obtaining an ERP from the SFWMD. Wetland impacts on parcel #11 being added to the PUD will be permitted through the SFWMD accordingly. Policy 6.2.1: Within_ the Urban Designated area, the County shall rely 'on the wetland jurisdictional determinations and requirements issued by the applicable jurisdictional agency- G%W ProicM fl1WU0VA -,17 -A Wolf Creel: EsWftAEnvifMM=aUUD AmendmcvMth SobmiMdTnvimn ad Impact Swenrnt- 0644F.d= Packet Page -4081- 5/14/2013 17.B. Wolf C=kPUD. Collier County Environmental Impact Statement Page 17 of37 The Wolf Creek PUD is located within Urban Designated area of Collier County. All properties within the PUD either have an approved ERP or are in the process of obtaining an ERP from the SFWNM. The multi- family portion of Wolf Creek PUD will be permitted through a permit modification to the existing permit. Parcels 1, 2, & 3A of the Wolf Creek PUD are owned by a different entity and have an ERP application submitted to the SFWMD as a new project. A copy of the approved ERP permit for Wolf Creek is attached (EXI BIT 12). Policy 6.2.6: Within the Urban Designation and Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation_ and common areas in the form of conservation easements and shall be identified and platted as separate tracts; and, in the case of a Planned Unit Development (PUD) , these areas shall also be depicted on the PUD Master Plan_. As. dictated by the SFVVMD, all wetland preserves and upland mitigation areas on the Black Bear Ridge single family residential area will be placed under a conservation easement as part of that ERP permit. The remainder of the indigenous vegetation provided in the Wolf Creek PUD will be placed under a conservation easement through their Collier County SDP or Plat process. All indigenous areas, buffers, and common areas will be preserved and maintained according to Collier County standards_ GO-A 7: THE COU -qTY saA L PROTECT PM CONSERVEE ITS FISHERIES AND WILDLIFE. nBiECT- 7E- 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 7:1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non - agricultural development, excluding individual single. family residences, shall be directed away from listed species and'their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or'where listed species are directly observed on the site. The survey. shall be conducted in accordance with the ml- requirements of the Florida Fish and Wildlife Conservation Cgmmission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the F-rWCC and USFWS•of the existence of any listed species that may be discovered. G :off Pmjeat FI=UOD -017 -A Wolf C,.k Esm=)F,.vuonme tWUU Amendm=MMth SuhmktarT&.:ro=wx al Imp= Sirtwrn606 -1-F.dm Packet Page -4082- 5/14/2013 17. B. Wolf Creek PUD CoIIier County Environmental Impact statement Page 18'of37 (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey i- ,zdicated listed species are utilizing the site, or'the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (3) The County shall, consistent with applicable. GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida. Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within 'These wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. Species surveys have been conducted on various portions of the Wolf Creek PUD in June 2000, June 2001, & April 2002, February 2003, February 2004, and March 2005. Due to the fact that a large portion of the PUD is already under construction, the County requested updated surveys for just the parcels being added to the PUD or those that-do not have approved development orders. The March 2005 survey (EXPID3IT 13) covers the approximately 20 acres( parcel 9) that are being added to the. PUD. An additional updated survey was conducted in April and May of 2005 (EXHIBIT 14) for the 60 acres n (parcels 1, 2, & 3) within the PUD that .does not currently have a SDP or Plat submittal under review at Collier County. Squirrels such as gray or Big Cypress fox squirrels may use portions of the property. The project has minimized impacts by providing 25% indigenous vegetation on the property and by managing these areas for squirrels. A fox vr,,,;rrPl rrtanaore7nent.nlan for the Wolf Creek PUD that matches the approved plan for Black Bear Ridge is included as an attachment to this EIS. See this plan for specifics. Policy 7.1.4: All development shall comply with applicable federal and state permitting requirements regarding listed species protection. The FWC had opportunities to express any concern with the project during the ERP process by commenting on the SFWMD permit. The SFWMD concurred with the attached protected species surveys and incorporated the Big Cypress Fox Squirrel Management Plan into their permit. The ACOE and USFWS issued a "no permit required" letter based on a SWANCC determination. (EXHIBIT 15) d. Native vegetatioa preservation. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCCS). Provide a description of each of the FLUCCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). The following FLUCCS communities are present on the subject property. See enclosed FLUCCS mapping for specific location's (EXHIBIT 1). G:W SubH taFaMmnmauzl lmpea Stmemmt- 064TF.doc Packet Page -4083- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Stab —ent Page 19 6f37 Existinsz Site Conditions Name: Improved Pasture Code: FLUCCS 211 Acre0e: 14.97 Acres Description: This portion of the property along Vanderbilt Beach Road contains agricultural lands that are currently being used for grazing cattle. Vegetation is limited to those species commonly associated with heavy'cattle grazing. SCIENTIFIC NAME COMMON NAME STRATUM 211 -Improved Pasture Common Digitaria serotina dwarf crabgrass ground cover Paspalum notatum bahia grass ground cover Phyla nodifora capeweed ground cover Occasional southern sumac midstory Eupatorium spp dog fennel ground cover Name: Palmetto Prairie Code: FLUCCS 321 d r'rJ-n QP' 1 A') A RTPQ Description: Dominant vegetation consists of saw palmetto with tar flower, grapevine and smilax. Palmetto in this area is extremely dense, nearly choking out all other groundcover. SCIENTIFIC NAME COMMON NAME STRATUM 321 -Palmetto Common Ilex glabra gallberry mid -story Lyonia ferruginea rusty lyonia mid -story Piloblephis rigidc pennyroyal ground cover Rhus copallina southern sumac midstory Serenoa repens saw palmetto mid -story Sm11 -ax spp, smilax vine Vitis rotundifolia muscadine grape vine Occasional Bumelia celastrina buckthorn mid -story Lachnocaulon anceps bog button ground cover Pinus elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Guff Project Fda13DW317 -A Wolf Creek E=- \En4wm=WTUD AmeadmarAWth Submina Tuvimnmmtal Irpact Stxt==t46- NF.doc . Packet Page -4084- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 20 of 37 Name: Pine Flatwoods Code: FLUCCS 411 Acreage: 46.44 Acres Description: This is the community is found in large tracts throughout the parcel. Vegetation consists of slash pine and scattered cabbage palm or cypress in the canopy. Other vegetation observed includes grapevine, palmetto, smilax, poison ivy, Caesar weed, beautyberry, myrsine, buckthorn, penny royal, scattered Brazilian pepper, melaleuca, dahoon holly, woodbine, saw grass, wax myrtle, and scattered buttonbush. COMMON NAME NAME STRATUM 411 —Pine Flatwoods Dominant Pinus elliotti • pine (slash pine) canopy Vitis rotund folia muscadine grape vine Common buckthorn mid -story Piloblepnis rigida pennyroyal ground cover Taxodium ascenders pond cypress canopy Sabal palmetto cabbage palm canopy Serenoa repens saw'palmetto mid -story Smilax spp. Smilax vine. Ilex cassine dahoon holly mid -story Urena lobata Caesar weed ground cover Toxicodendron radicans poison ivy vine Occasional Melaleuca quinquenervia* melaleuca canopy Bumelia celastrina buckthorn mid -story Schinus terebinthifolius* Brazilian pepper mid -story Myrica cerifera wax myrtle mid -story Rhos copallina southern sumac midstory ? ground Iichen ground cover *invasive exotic Name: Melaleuca Code: FLUCCS 424' Acreage: 2.34 Acres Description: This is the community is found along the north and south margins of the parcel with the borrow lakes.. Vegetation consists of melaleuca and scattered slash pine or cypress in the canopy. Other vegetation observed includes grapevine, smilax, poison ivy, Caesar weed, buckthorn, penny royal, and scattered Brazilian pepper. Melaleuca forms greater than 75% of the canopy. COMMON CxWPt*=Hcs\300YV[7 -A Wolf CrwkEmmslEmvironmemtalUPUDAmemdmentPkhSabmittaAEnviroomenW impartStare tD&NF.doc Packet Page -4085- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 21 of 37 NAME NAME STRATUM 424— Melaleuca Common Melaleuca quinquenervia* Smilax spp. Spermacoce verticillata Urena lobata Yids rotundifolia melaleuca canopy Smilax vine false buttonweed ground cover Caesar weed ground cover muscadine gape vine Occasional ground cover buttonbush Blechnum serndatum swamp fem ground cover Pious elliotti pine (slash pine) canopy Taxodium distichum bald_cypress canopy Bumelia celastrina buckthorn . mid -story Schinus terebinthifolius* Brazilian pepper mid -story *invasive exotic Name: Cypress Code: FLUCCS 621 Acreage: 9.83 Acres Description: This community is found in five distinct isolated areas. Vegetation consists of cypress, melaleuca, and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes swamp fern, saw grass, scattered grapevine, and buttonbush. The cypress areas along the western boundary of the PUD have areas of melaleuca that approach 75 %. SCIENTIFIC COMMON NAME NAME STRATUM 621 - Cypress Common Blechnum serrulattan Cephalanthus occidentalis Cladium jamaicense Schiramss terebinthfolius* Taxodium distichum Melaleuca quinquenervia* Occasional swamp fern ground cover buttonbush mid -story saw grass ground cover Brazilian pepper mid -story bald cypress canopy melaleuca canopy Boehmeria cylindrica. false nettle ground cover Rex cassine dahoon holly mid -story Myrica cer fera wax myrtle mid -story Pinus elhotti pine (slash pine) canopy Smilax spp. Smilax vine Vitis rotundifolia muscadine grape vine *invasive exotic Name: Drained Cypress -with Grapevine Code: FLUCCS 621 - Drained - Grapevine G,W Aojea FHW,0(Y"7_A WolrCm k Erdmt Eo Mnmeoteh°UD AM=dMC=Wh SubmhMhEnviroomenral lmpaex Smtement-0SNF.dx Packet Page -4086- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact statement Page 22 of 37 Acreage: 6.61 Acres Descttption: This community is found in several pockets throughout the property. Vegetation consists of cypress and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes Caesar's weed, dense grapevine, poison ivy, and scattered swamp fem. This community is severely drained and was considered uplands by SFWMD. SCIENTIFIC COMMON NAME NAME STRATUM 621 — Drained- Grapevine Common Myrsine floridana Sehinus terebinthtfolius* Smilax spp. Taxo&um distichum Toxicodendron radicans Vitus rotundifolia Occasional myrsine mid -story Brazilian pepper mid -story Smilax: vine bald cypress canopy poison ivy. vine muscadine grape vine Boehmeria cylindrica false nettle ground cover 11ex cassine dahoon holly mid -story Melaleuca quinquenervia* melaleuca canopy Myrica cerifera wax myrtle mid -story Fins elhotti pine (slash pine) canopy Smilax spp. Smilax vine Urena Iobata Caesar weed ground cover Vitis rotun&folia muscadine grape N :ne *invasive exotic Name: Cypress with Melaleuca Code: FLUCCS 621/424 Acreage: 1.66 Acres Description: This community is found in the western cypress area, adjacent to the Islandwalk community. Vegetation consists of cypress, melaleuca, and scattered slash pine in the canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes swamp fern, saw grass, and buttonbush. Although this community has melaleuca in the canopy that is approximately 75 %, it has adequate native canopy and groundcover vegetation to be classified as indigenous. It has been included in indigenous calculations. SCIENTIFIC COMMON NAME NAME STRATUM OW Pmjem RcsN3W017 -A Wolf Creel: EnaftS Enn,._taWUD Amendmeml4th SubMhftpEwi.W_jtAl Impact Swcmmjj-0bNF.d= Packet Page -4087- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 23 of37 621/424 — Cypress with false nettle ground cover Melaleuca dahoon holly mid -story Common Brazilian pepper mid -story Blechman serrulatum swamp fem ground cover Cephalanthus occidentalis buttonbush mid -story Taxodium distichum bald cypress canopy Melaleuca quinquenervia* melaleuca canopy Occasional Boehmeria cylindrica false nettle ground cover Ilex cassine dahoon holly mid -story Schinus terebinthifolius* Brazilian pepper mid -story Pinus elliotti pine (slash pine) canopy Smilax spp. Smilax vine Vitis rotundifolia muscadine gape vine *invasive exotic with Melaleuca Name: Cypress - Pine - Cabbage Palm with Melaleuca Code: FLUCCS 624/424 Acreage: 4.18 Acres Description: This wetland community is the found on the east and west ends of.parcel 2. Canopy is dominated by a mix of cypress and.slash pine. Other vegetation present includes cabbage palm, swamp fern, grapevine, saw grass, wax myrtle, melaleuca, buttonbush, dog fennel, and Caesar weed. crrA,.TTr�Tr rC)x4 C)W ' Jl.i1:1V 111 lv vva.�•�... NAME N"_E STRATUM 624 — Pine/Cypress /Cabbage palm - with Melaleuca Common Myrsine floridana myrsire mid -story Pinus elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Melaleuca quinquenervia* melaleuca canopy Smilax spp. Smilax vine Spermacoce verticillata false buttonweed round cover Taxodium distichum bald cypress canopy Amphicarpum muhlenbergiamim blue maidencane ground cover Blechnum serrulatum swamp fern ground cover Cladium jamaieense saw grass ground cover Occasional Ilex cassine dahoon holly mid -story Toxicodendron radicuns poison ivy vine Vitis rotundifolia muscadine grape vine Urena lobata Caesar weed ground cover *invasive exotic G. Pmjmt F1 ... _ ....__ _ - m nt3rpUD AmwdmaaAth SubmiwTEnvi' e.W Impea Stam.M- 06NF.doe Packet Page -4088- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Pave 24 of 37 Name: Drained Cypress -Pine- Cabbage Palm -with Grapevine Code: FLUCCS 624 - Drained- Grapevine Acreage: 59.15 Acres Description: This community is the largest single community type. Canopy is dominated by a mix of cypress and slash pine. Other vegetation present includes scattered palmetto, cabbage palm, scattered swamp fern, grapevine, saw grass, wax myrtle, melaleuca, Brazilian pepper, dog fennel, and Caesar weed. Hydrology is severely lacking in this community as indicated by the dominance of upland pioneers in the ground cover. SCIENTIIFIC NAME COMMON NAME STRATUM 624 — Dr2ined swamp fern ground cover Pine/Cypress/Cabbage palm -with saw grass ground cover Grapvine dahoon holly mid -story Common Myrsine floridana myrsine mid -story Pines elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Schinus terebinthifolius Brazilian pepper mid -story. Smilax spp. Smilax vine Spermacoce verticillata false buttonweed bound cover Taxodium distichum bald cypress canopy Toxicodendron radicans poison ivy vine V ZZIS rVt21ltuytiuu muscadine grape Caesar weed vine ground cover. Urena lobata Occasional Amphicarpum muhlenberoianum blue maidencane ground cover Blechnwn serrulatum swamp fern ground cover Cladium jamaicense saw grass ground cover Ilex cassine dahoon holly mid -story Melaleuca quinquenervia* me.laleuca canopy Myrica cerrfera wax myrtle mid -story Rhodomyrtus tomentosa* downy rose myrtle ground cover Woodwardia virginica chain fern ' ground cover *invasive exotic Name: Disturbed Lands Code: FLUCCS 740 Acreage: 4.06 Acres Description: These areas were historically cleared to varying degrees and include the Wolfe Road ROW, former mobile home sites, and the lands surrounding the borrow lakes. Groundcover includes scattered grapevine, Caesar's weed, sandspur, balsam apple,.and bahia. The area appears to be maintained by mowing. aw P qw rfim\3CVs1317 -A WolrCrea Esw-$\Eu im fflemaMUD Am- dme Eft SubmittaflEnvitonmenn� ingaG Sutemaie- 06- NF.doe Packet Page -4089- 5/14/2013 173. Wolf Creek PUD Collier County Environmental Impact Statement Page 25 of 37 COMMON NAME NAME STRATUM 740 — Disturbed Lands Common Bidens pilosa Spanish needles Cenchrus spinifex coastal sandspur ground cover Faspalum notatum bahia grass ground cover Caesar weed ground cover Urena lobata Pinus elhotti Occasional Yitis rotundifolia muscadine grape vine Momordica charantid wild balsam apple vine Pinus elhotti pine (slash pine) canopy Rhus copallina southern sumac midstory Piloblephis rigida pennyroyal ground cover *invasive exotic Name: Limerock Road (Wolfe Road) Code: FLUCCS 814 Acreage: 2.07 Acres Description: Wolf Road bisects the property. The R.O.W. has been cleared. Vegetation is typical of that found in roadside swales. T _ — Ngme_ B om�w tA ucaa Code: Borrow Area Acreage: ' 15.2' ) Acres Description: Six borrow areas are located on the parcel. The areas appear to have been excavated from uplands in the early 1980's as fill operations. They were classified as "Other Surface Waters" by the South Florida Water Management District. ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 and 10 of the Land Development Code. Provide an exhibit illustrating such. Include - calculations identifying the acreage for preservation and impact, per FLUCCS category. According to the Collier County Future Land Use Map, the parcel is located in the Urban Residential Sub - district. The proposed land use for the property is Residential. In this case, the native vegetation preservation requirement is 25 %. The project will meet the requirements of Section 3.05.07 of the Land Development Code and Goal 6 of the Conservation & Coastal Management Element (COME) regarding retaining and or preserving 25% of the viable naturally functioning native vegetation on- G:1FR ptojep Fika1300`z1317 -A WolrCre3 FSWMW. • mmeLt>PUD X`aWWMa4\4th sub6"aAfmiton""cW hq a Stataae U46- lP.6- Packet Page -4090- I"-*Nl 5/14/2013 17.B. Wolf Crock PUD Collier County Environmental Impact Statcolent Page 26 of 37 site, including both the understory and the groundcover emphasizing the largest contiguous areas possible. 25% of the existing naturally functioning native vegetation is 32.32 acres. See attached PUD Master Plan Exhibit A (E)aHLSlT 7) for detailed locations of proposed wetland.and upland indigenous preserves. The map shows the proposed location of 95 %. (30.8 acres) of the required indigenous vegetation. An additional 1.52 acres of indigenous vegetation will be provided in the'Wolf Creek PUD. The following table provides a breakdown of each FLUCCS community on the parcel and the proposed impact \preserve percentages. 7FLUCCS Per Entire Parcel Per FLUCCS Community Existing Existing . Impact Impact Preserve Acres a Preserve Percent Code Acreage Percent Acres a Percent 0% 211 14.97 8.91% 14 -97 100% 100% 0.00 0.00 0% 321 1.42 46.44 0.85% 27.65% 1.42 42.07 90.6% 4.37 9.4% 411 424 2.34 1.39% 234 100% 0.00 0% 932 %. 621 9.83 5.85% 0.67 6.8% 91.8% 9.16 0.54 8.2% 621 -D -G 6.61 3.94% 6.07 0% 1.66 100% 621/424 1.66 0.99% 0.00 0.00 0% 4.18 100% 624/424 4.18 59.15 2.49 35.22% 46.74 79.0% 12.41 21.0% 624 -D-G 740 4.06 2.42% 4.06 100% 0.00 814 2.07 1.23% 2.07 100% 0.00 0% 0% Borrow 15.23 9.07% 15.23 100% 0.00 Totals: 167.96 100% 135.64 Total: 32.32 iii. For sites already cleared and in agricultural use , provide documentation that the parcel (s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel (s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Parcel number 5 within the Wolf Creek PUD is cleared and was historically in agricultural use. This parcel and the parcel to the east (which is Carolina Village MPUD) were discussed with Barbara Bergesson regarding their estimated clearing dates (late 1976 to early 1977) and available information. She agreed that based on available information, they were legally cleared prior to Collier County's requirement of a notice of commencement. iv. Have preserves or acreage requirements. for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. Giie Project FIa ''WA3I7.A Wolf Cre& FsWwZnvimmwmhPUD Ammdmemkth Subw imAEnviroomentai Smpaa Statemrnt- °SNF.doc Packet Page -4091- 5/14/2013 17.B. Wolf Creel: PUD conier County Environmental Impact Statement Page 27 of 37 yes, the property is currently zoned as the Wolf Creek PUD. As a residential PUD it was required to preserve 25% of existing native vegetation. The original preserve acreage was 27.44 acres. The addition of 1 parcel to the Wolf Creek PUD makes the required indigenous preserve 3232 acres. Specific locations of the preserves were not required for the Wolf Creek PUD in 2003. According to. current rule, see attached PUD Master Plan Exhibit A (EXHIBIT 7) for detailed locations of proposed wetland and upland indigenous preserves. The map shows the proposed location of 95% (30.8 acres) of the required indigenous vegetation. An additional 1.52 acres of indigenous vegetation will be provided in the Wolf Creek PUD. V. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. N.A. The site does not contain an "ST" overlay. e. Wetlands. i. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCCS). Include a description of each of the FLUCCS categories identified on -site by vegetation type lspecies), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. Wetland jurisdictionals have been conducted on all parcels in the PUD. There are approximately 15.67 acres of Collier County & SFWMD jurisdictional wetlands on the property. Within the Wolf Creek PUD, 148 acres is covered by a number of different separate SFWMD wetland junsdictionals and site visits done at different times. An 8.5" x 11" drawing is enclosed that summarizes the SFWMD jurisdictional wetlands for the Wolf Creek PUD (EXHIBIT 10). Also included are the individual SFWMD. jurisdictional letters that correspond to these wetland jurisdictionals. A wetland ID map is attached the details the specific locations and sizes of SFWMD1Collier County wetlands and "other surface waters ". All property within- the Wolf Creek PUD has a wetland jurisdictional in writing or was verified by a site visit as part of ongoing permitting\modifications with the SFWIvM. Confirmation of the site visits for parcel 2 and parcel 9 can be obtained by contacting Krista Gentile or Marie Dessources of the SFWMD. Wetland Summary Table W tland ID FLUCCS acreage Percent Quality Isolated? Exotics #1 621- 621/424 9.31 >50 Fair 1' C,Ue project Fles130VA317 -A W.1f Creek E ++A�-- Amcndm_ SobmittalTmi*onm_W impact SaarnmM- O6TFF..dx Packet Page -4092- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 28 of 37 #2 621 0.67 >50 Fair Y #3 621 0.05 15 Fair Y #4 621 0.43 15 Fair Y #5 621 0.85 15 Fair Y 46 6241424 1.99 50 -60 Fair Y #7 624/424 2.19 20 Fair Y Total 15.67 OSW Summary Table OSW ID FLUCCS Acreage Onsite Percent Exotics Quality Isolated? #A Borrow Area 5.18 NA Poor Y #B Borrow Area 2.71 NA Poor Y #C Borrow Area 1.85 NA Poor Y Borrow Area 1.84 NA Poor Y Borrow Area 1.82 NA Poor Y ff#D Borrow Area 1.83 NA Poor Y Total 15.23 The following are descriptions of the wetland communities found on the parcel: Name: Cypress Code: FLUCCS 621 n Acreage: 9.83 Acres Description: This community is found in five distinct isolated areas. Vegetation consists of cypress, melaleuca, and scattered slash pine in the canopy. N idstory contains scattered Brazilian +; - - :r'1,1A Q IMTP- -n fern_ saw grass; scattered grapevine, pepper. umer vegetauvit Uwct vtu luCl u� -..�.r __ -- '' and buttonbush. The cypress areas along the western boundary of the PUD have areas of melaleuca that approach 75 %. SCIENTIFIC COMM-ON NAME NAME STRATUM 621- Cypress Common Blechnum serrulatum swamp fern ground cover Cephalanthus occidentalis buttonbush mid -story Cladium jamaicense saw grass ground cover Schinus terebinthifolius* Brazilian pepper mid -story Taxodium distichwn bald cypress canopy Melaleuca quinquenervia* melaleuca canopy Occasional Boehmeria cylindrica false nettle ground. cover Ilex cassine dahoon holly mid -story Myrica cerfera wax myrtle mid -story Pimrs eiliotti pine (slash pine) canopy Smilax spp. Smilax vine Yids rotundifolia muscadine grape vine �\ *invasive exotic G:Ue Projed Fdes\30DW17 -A WorCreek EamftTjwi onmenmrTLM Amadmentl4th SvbminalaMronnmgW lmpect Saftmwt-D! NF.doe Packet Page -4093- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 29 of37 Name: Cypress with Melaleuca Code: FLUCCS 621/424 Acreage: 1.66 Acres Description: This community is found in the western cypress area, adjacent to the Islandwalk aleu community. Vegetation consists of cyp -ess, melca, and scattered slash pine in the .canopy. Midstory contains scattered Brazilian pepper. Other vegetation observed includes swamp fern, saw grass, and buttonbush. Although this community has melaleuca in the canopy that is approximately 75 %, it has adequate native canopy and groundcover vegetation to be classified as indigenous. It has been included in indigenous calculations. SCIENTIFIC COMMON NAME STRATUM NAIv1E �- dahoon holly mid -story 621/424 — Cypress with Brazilian pepper mid -story Melaleuca pine (slash pine) canopy Common BIechmcm.serrulatum swamp fern ground-cover °Cephalanth us occidentalis buttonbush mid-story Taxodium distichum bald cypress canopy Melaleuca quinquenervia* melaleuca canopy Occasional fvica nPtt1P er07md cover Boehmeria cyiindrica meia �- dahoon holly mid -story Ilex Rex cas terebinthifolius* Brazilian pepper mid -story Pirrus elliotti pine (slash pine) canopy Smilax spp. Smilax vine Vitis rotundifolia muscadine grape vine *invasive exotic Name: Cypress -Pine- Cabbage Palm with Melaleuca Code: FLUCCS 624/424 Acreage- 4.18 Acres Descnpti This wetland community is the found on the east and west ends of parcel 2. Canopy is dominated by a mix of cypress and slash pine. Other vegetation present includes cabbage palm, swamp fern, grapevine, saw grass, wax myrtle, melaleuca, buttonbush, dog fennel, and Caesar weed. SCIENTIFIC COMMON NAME NAME STRATUM 624 — Pine/Cypress /Cabbage Palm - with Melaleuca G1Fff Pmjai FIes�3o0`aV 77 -A Wolf GmL• Estrta\Fsv�mmnewl�PUD Ammdv� MA SubmittallEvrironmeml impna Stuonart- OW1F.aoc Packet Page -4094- -*—\ 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 30 of37 Common Myrsine floridana myrsine mid -story Pinus ellfottf pine (slash pine) canopy Sabal palmetto cabbage palm canopy Melaleuca quinquenervia* melaleuca canopy Smilax spp. Smilax vine Spermacoce verticillata false buttonweed ground cover Taxodium distichum bald cypress canopy Amphicarpum muhlenbergianwn blue maidencane ground cover Blech=m serrulatum swamp fern ground cover Cladium jamaicense saw grass ground cover Occasional 11ex cassine dahoon holly mid -story Tozicodendron radicans poison ivy vine Vitis rotundifoha muscadine grape vine Urena lobata Caesar weed ground cover *invasive exotic ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) -for the site. r Average natural ground height on the parcel is approximately 12.6' NGVD_ The applicant monitored water levels on much of the property for approximately 2 years. Wet season high water levels are approximately equal to natural ground height. ' The majority of the Wolf Creek PUD has an approved Environmental Resource Permit. Based on `this permit, rise project control eievaubn ha.S Dean Sei v the SF w i u at i i.S "v' IN V VTL. 11�iiJ was based soil borings, lack of biological indicators, and adjacent permitted projects. The ERP permit is in the process of being modified and separated into the appropriate ownership entities. iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands: Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been minimized. - The project proposes approximately 0.67 acres of impact to wetlands on the property. This equates to 4.4% of onsite wetlands. The proposed impact area is shown on the attached PUD Master Plan Exhibit A (EXHIBIT 7). ' The applicant has made a huge effort to reduce wetland impacts to the greatest.extent possible. The three isolated wetlands in the single family residential project (Black Bear Ridge) were incorporated entirely without impacts. The SFWN .is expecting the preserved wetlands and adjacent uplands in the Black Bear Ridge project to benefit from an improved hydroperiod due to the construction of the surface water management system that they have approved. . G.'W Pmjw ResV'OMA317-A Wolf CmeY Esmn ZwAra=en"UD Am=dw9Wffi Suti.. kmhEmiro=cnW h4act Statemew- 06- NF.doc Packet Page -4095- 5/14/2013 17. B. Wolf Creek PUD CoIIier County Environmental Impact Statement 'Page 31 of 37 Proposed wetland impacts on the multi- family parcels are limited to a pair of small "appendage" areas. The balance of the wetland will be improved through exotic removal and hydroperiod enhancement. iv. Indicate how the project design compensates for wetland'impacts pursuant to the Policies and Objectives in Goal•6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU district, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has.been accepted by either the South Florida Water Management District or the Florida Department of Environmental.Protection. For sites outside the RFMU district, and where higher quality wetlands are being retained on--. site, provide justification based on the Uniform Mitigation Assessment Method. Mitigation for wetland impacts will be in the form of ousite wetland preservation and enhancement. If deemed necessary by the SFWMD or.ACOE during Environmental Resource Permitting, additional mitigation may be provided offsite at an approved mitigation bank. Specifics of the mitigation plan will be developed during the ERP process with the SFWND and ACOE. An approved mitigation plan with the State and Federal agencies is considered consistent with the Collier County Growth Management Plan. �. Surface and ground water management. i. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off -site flows coring in to the system and how they will be incorporated in the system or Dassed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. There are no significant water management issues. Below is a description of how the surface water management system will function: Water Management System Issues \Description Three independent water management systems (west, east, north) will serve this Planned Unit Development (PUD). See PUD Master Plan, Exhibit B for proposed and approved layout. Black Bear Ridge Subdivision (east) This system was permitted in the attached ERP permit from the SFWMD. Two wet detention lakes are being utilized for this project. One lake will interface with the preserve area to the south of the property to work as one basin, with control elevation at 12.5' NGVD, according to wetlands indicators. This basin will be -used for storm water storage purposes only, not for water quality treatment. The second lake is located in another basin, where water quality treatment and storage will be achieved. This basin has 11.5' NGVD as a control elevation. These two basins constitute the water, management system for this project. After water quality treatment and attenuation requirements have been met, an outfall pipe for the system will - be connected to G-l" ProjeC FdeA3 Wsli 17 -A Wolf Creel: F_=% miroronen>a11PUD Am=dmcw*h SubumanErArounxmW Impact Swun"d- 06-WAm Packet Page -4096- 5/14/2013 17.B. wolf Creel PUD ^� Collier County Environmental Impact Statement Page 32 of 37 a storm tr nkline along the west side of the North -South Road to finally discharge into the Vanderbilt Beach Road ditch. Wolf Creek Subdivision (north) One basin will provide the water management system for this project, which will use the - lake for water quality treatment. This system will finally discharge into the Island Walk development through flow -way created by the Palermo Cove Project to the north. The Falls at Portofino (west multi - family) The multi- family development area of the Wolf Creek PUD contains approximately 68 acres located in the southwest portion of the Wolf Creek PUD. The multi- family area will be developed as, one Surface Water Management System and designed in accordance with all South Florida Water Management District and Collier County regulations. The Surface Water Management System for the multi - family area will consist of a series of interconnected lakes which will provide water quality and quantity treatment for stormwater runoff. A large preserve area containing mostly wetland preserves is located along the western boarder of the multi - family area. This preserve area will be included in the controlled Surface Water Management System. The preserve area will be connected to the lake system by a controlled structure which will allow treated storm water to flow into the wetland once water quality treatment is obtained. This will allow a natural fluctuation of water levels in the wetland and help maintain the wetland hydro period. The control structure will also allow the preserve to bleed down as the water levels recede. The proposed outfall for the project is the roadside ditch-along Vanderbilt Beach Road. A control structure is provided in the southwestern lake which serves as the discharge for the entire multi- family Surface Water Management System. This discharge structure Emits discharge from the project to historic rates which has been identified at 35 csm. The control structure further assures that water quality treatment and bleed down is provided in accordance with South Florida Water Management District criteria. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management - controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not Applicable. The project is proposing less than 5 acres of wetland impacts. iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within-the most sensitive WRM -STs. Not Applicable. There are no WRM -STs within the project area g. Listed species. G..,W Project RcsUDWA317 -A Wolf Cnrl Eu ft;Mv imn eeod%PUD Amendmeml4& SubauttalTxvoonmental Impact Shaun[ -O E.doe Packet Page -4097- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Pagge 33 of 37 Provide a plant and animal species survey to include at a minimum, listed - species known to inhabit biological communities similar to those existing . on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation, Commission and* the U.S. Fish- and Wildlife Service. ' State -actual survey times and dates, and provide a map showing the ldcation(s) of species of special status identified on -site. Species surveys have been conducted on various portions of the Wolf Creek PUD in June 2000, June 2001, & April 2002, February 2003; February 2004, and March 2005. Due to the fact that a large portion of the PUD is already.under construction, the County requested updated surveys for just the parcels being added to the PUD or those that do not have approved development orders. The March 2005 survey (EXHIBIT 13) covers . the approximately 20 acres( parcel 9) that are being added to the PUD. An additional updated survey was conducted in April and May of 2005 (EXHMIT 14) for the 60 acres (parcels 1, 2, & 3) within the PUD that does not currently have a SDP or Plat submittal under review at Collier County. Additional preconstruction surveys have been conducted as part of the plat 1' construction for Black Bear Ridge. The following summarizes results on the Wolf Creek property: See the protected species surveys for specific details. See the table in item (B.) below for listed species which might reside in habitat similar to what exists ou this property. Surveys done prior to 2005 did not include in their methodology specific dates and times of the fieldwork, but rather noted man hours spent on the site. The attached 2005 surveys (EXHIBITS 13 & 14) were conducted on the following dates & times: n Mederos 20 Acre Parcel (Parcel 11) Date Start Time End Time Hours Task December 14, 2004 9:00am :30pm 6.5 Species Survey 1,X - --U 7 ' 7AAr 1VuUL;U /,Y-v1u A.nn__ -- Y:uvam .s:j" m 6.5 S eciesSurvey May 20, 2005 To `,al 4:00pm 13 Species Survey Wolf Creek Estates 60 Acres (Parcels 1.2.3A_ & 3R) Date Start Time End Time Hours Task April 28, 2005 8:00am 11:00am 3 S ecies Survey April 29, 2005 11:00am ' . 3:00 m 4 Species Survey May 20, 2005 2:0 m 4:00pm 2 Species Survey Total 9 In late 2005, it was realized that the- Florida Department of Agriculture changed its classification of the common wild pine (Tillandsia fasciculata). Based on the publication "Notes on Florida's Endangered and Threatened Plants ", Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology- Botany Section, Contribution 38, 4" Edition -2003) the property was resurveyed for wild pine at this time. Wild pine plants are present in trees scattered throughout the property. .Identify all listed species that are known. to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. G:VP Proi= FUO0oYG 17-A Wolf Creek MatesTs MMOmtIAKO Ameodmentkth SubndtWTnvimm =W Impact Stetemrnt- 06- NF.doo Packet Page -4098- 11111 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact statement Page 34 of37 Protected species list for the Wolf Creek PUD parcel according to FLUCCS category. FLUCCS 1I0 211 321 411 424 Morrow 621 &L621/424 i21- )rained- 3rapevine Potential Listed Species NONE Florida Panther Florida Sandhill Crane Audubon's Crested Caracara Beautiful Pawpaw Burrowing Owl Curtis Milkweed Fakahatchee Burmannia Florida Black Bear Florida Coontie Florida Sandhill Crane Gopher Frog Gopher Tortoise Eastern Indigo Snake Southeastern American Kestrel Beautiful Pawpaw ' Big Cypress Fox Squirrel Eastern Indigo Snake Fakahatchee Burmannia Florida. Black Bear Florida Coontie Florida Panther Gopher Frog Gopher Tortoise Red - Cockaded Woodpecker Satinleaf Southeastern American Kestrel I Twisted Air Plant fCommon Wild Pine NONE American Alligator Everglades Mink Limpkin Little Blue Heron Reddish Egret Roseate Spoonbill Snowy Egret Tricolored Heron American Alligator Everglades Mink Florida Black Bear Florida Panther Gopher Frog Limpkin Little Blue Heron Snowy Egret Tricolored Heron Wood Stork American Alligator Everglades Mink Florida Black Bear Florida Panther Scientific Name Fells concolor coryi Grus canadensis pratensis Polyborus plancus audubonii Deeringothamnus pulchellus Speotyto cunicularia Asclepias curtissii Burmwinia(lava Ursus americanus floridarw Zamia floridana Grits canadensis pratensis Rana capito Gopherus polyphemus Drymarchon corals couperi Falco sparverius paulus Deeringothamnus pulchellus Sciurus niger avicennia Drymarchon corals couperi Bi&mannia fiava Ursus americamcs floridamts Zamia floridana Fells concolor coryi Rana capito . Gopherus polyphemus Picoides borealis Chrysophyllum oliviforme Falco sDarverius vaulur Tillandsia flerousa Tillandsia fasciculata Alligator mississippiensis Musteld vison everglddensis Aramus guarauna Egretta caerulea Egretta rufescens Ajaia ajaja Egrena thula Egretta tricolor Alligator mississippiensis Mustela vison evergladensis Ursus americanus f oridanus Fells concolor coryi Rana capito Aramus guarauna Egretta caerulea Egretta thula Egretta tricolor Mycteria americana Alligator mississippiensis MustelaYison evergladensis Ursus americanus floridanus Fells concolor coryi FWC or FDA E T T E SSC E E T C T SSC SSC T T E T T E T C E SSC SSC T E T E E (FDA) SSC T SSC SSC SSC SSC SSC SSC SSC T T E SSC SSC SSC SSC SSC E SSC T T E Status IFWS E T E T E T E E T(S /A) T(S /A) E E T(S /A) E G.*W Ptojeet FilesN300Y1317 -A Wolf Crak EsotesNFAwimnmcnft PUD AmendmemWN Submi=rEw T0=tn l Impad Statment•M>NFAm Packet Page -4099- Gopher Frog Limpkin Little Blue Heron Snowy Egret Tricolored Heron Wood Stork Rana capito Aramus guarauna Egretta caerulea Egretta thula Egretta tricolor Mycteria americana 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental Impact Statement Page 35 of37 SSC - SSC - SSC - SSC - SSC - E E ';l:'able (Continued) Potential protected species listed according to FLUCCS category. - FLUCCS Potential Listed Species Scientific Name Designated Status FWC of-FDA FWS 524 - American Alligator Alligator missusippiensis SSC T(S /A) Drained- Everglades Mink Mustela vison evergladensis T - Grapevine Florida BIack Bear Ursus americanus floridanus T _ & 624/424 Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Little Blue Heron Egretta caerulea SSC - Snowy Egret Egretta thula SSC - Limpkiii Aramus guarauna SSC - Tricolored Heron Egretta tricolor SSC - Wood Stork Mycteria americana E E 740 Burrowing Owl Speotyto cunicularia SSC - Gopher Tortoise Gophenz polyphemus SSC - Rorrow -- - A_m_rriran Allioator s,. .4 nui�utur iiu33i��ippiensis JJl 1(5 %A) Everglades Mink Mustela vison evergladensis T _ Limpkin Aramus guarauna SSC - Little Blue Heron Egretta caerulea SSC ' - Reddish Egret Egretta rufescens SSC - Roseate Spoonbill' Ajaia ajaja SSC - Snowy Egret Egretta thula SSC - Tricolored Heron Egretta tricolor SSC - 814 & 820 NONE _ Abbreviations: Azencies FWC = Florida Fish and Wildlife Conservation Commission FDA= Florida Department of Agriculture and Consumer Services FWS= United States Fish and Wildlife Service Status E= Endangered T= Threatened T(S /A)= Threatened/Similarity of Appearance SSC= Species of Special Concern G1FiP Pmjct Fdesl3Ws\317 -A Wolf CrmL F_==\Envim mentaMW Am=dmentl4tb SubmkWTnvim mennl imga Stamen- o6-NF.dm Packet Page -4100- 5/14/2013 17.B. Wolf Creek PUD Collier County Environmental impact statement . Page 37 of37 iii. For sites-located in the Big Cypress Area of Critical State Concern- Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST. Not Applicable. The project is not located within the Big Cypress Area of Critical State Concern. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection- The majority of the subject property is wooded and was not previously an old farm site or golf course. A phase I environmental study that was conducted on the agricultural parcel to the east of the Wolf Creek PUD (Carolina Village). This parcel is a continuation of the same agricultural field that is on the Wolf Creek PUD (parcel #5) and was historically part of the same agricultural opezaiion. A copy of this report is attached (EXHIBIT 17): Conclusions in this report would apply directly to the FLUCCS 211 lands on Wolf Creek. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological integrity of the site. No historical or archaeological surveys have been conducted on the subject property, . however a letter was submitted to the Division of Historical Resources requesting that they review the Florida Master Site File. A response was received that states no historical properties or significant historical resources are expected on the property. See attached letter (E" I3IT 18). G:W N= Rcsl300'017 -A Wolf Creel• P=aalEnvim=nrnMI%PUD Amendm=Mth SubmittdTAviro®enal Impact Stmemen.OG WA= Packet Page -4101- 5/14/2013 17.B. vacKeivage -41U1- n r� n 5/14/2013 17.B. Packet Page -4103- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.B. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) WCI Communities, Inc. ADDRESS 24301 Walden Center Drive TELEPHONE # 239.947.2600 CELL # _ E -MAIL ADDRESS: barryernst @wcicommunities.com CITY ""g' STATE FL ZIP 34134 FAX # 239.498.8617 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4525 Wolf Road .LEGAL DESCRIPTION Section /Township /Range 34 /48 /26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: See Exhibit 3 attached Pvhihif d I nnnl diner- rinfinn mffnr -hnrf Metes & Bounds Description: " ^" ""` -r ✓t l IfJUUI I [ALLUVl 1%,U TYPE OF SEWAGE'DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPD capacity) d. SEPTIC SYSTEM FEW FN TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) Packet Page -4104- February 4, 2011 .-� Wolf Creek PUD Amendment Exhibit 3 Property ID Numbers Folio Numbers: 00204720005 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: 4170 WOLFE ROAD Folio Numbers: 00203800007 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: 4525 WOLFE ROAD Folio Numbers: 00204360009 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203600003 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: NO SITE ADDRESS Packet Page -4105- 5/14/2013 17.B. Page 1 of 1 5/14/2013 17.B. Wolf Creek RPUD Amendment Exhibit 4 Legal Description PARCEL 1: THE WEST 330 FEET OF THE WEST 660 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 114 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 2: THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 3: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 4: THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 02 °13'26" WEST ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 2,005.53 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 89 °51'58" WEST ALONG THE SOUTH LINE OF n THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,245.00 FEET; THENCE RUN NORTH 02 °13'26" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 420.21 FEET; THENCE RUN SOUTH 89 °51'58" `ACT DAaAI 1 GI WITI -1 TLJG C(ll ITW I IKir !1C TLIC Kin DTIJ 9 /) nC TUC Kin DTUCACT 1 /A !1C TLIC CnI ITUTA /CCT �I.I�"Y'�l1LLLL v v . ill 1—JvV1I1 LIIvL VI II IL IV%JI \1111 /L%J IIIL IVVI \I IILMJI 11'+ VI" 1 rjr-JUU InVVCJI 1/4 OF SAID SECTION 34 FOR A DISTANCE OF 1,245.00 FEET; THENCE RUN SOUTH 02 °13'26" EAST ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 420.21 FEET TO THE POINT OF BEGINNING. Page 1 of 1 Packet Page -4106- CO *6.r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION TOTAL POPULATION TO BE SERVED. 5/14/2013 173. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 754 dwelling units PEAK AND AVERAGE DAILY''DEMANDS: A. WATER -PEAK 348,350 AVERAGE DAILY 232,235 B. SEWER -PEAK 235,250 AVERAGE DAILY 180.960 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. .. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:: `Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. 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TRAFFIC/TRANSPORTATION ENGINEERING & PLANNI'NS SERVICES r M C) For N d r Palermo Cove & Wolf Creek RPUD Amendments (NW corner of Colder Boulevard & Vanderbilt Beach Drive) November 3, 2012 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 2 1 � STREET NW NAPLES, FLORIDA 341 20 (239) 919 - 2767 CERTIFICATE OF AUTHORIZATION NO. 27830 (:PROJECT NO. 1 20B14) 0 1f- 3-2vr2 DATE ti co O N TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 2 Table A - Approved RPUDs 3 Table B - Approved RPUDs vs. Proposed Amendments 3 Project Generated Traffic 4 Table C - Net New Site - Generated Trips 4 Table 1- Trip Generation Computations 4.1 Existing + Committed Road Network 5 Table 2A - Area of Impact/Road Classification 5.1 Project Traffic Distribution 6 Area of Significant Impact 6 Table 2A - Area of Impact/Road Classification 6.1 2012 thru 2020 Project Build -out Traffic Conditions 7 Table 2B - 2012 & 2020 Link Volumes 7.1 Table 2C - 2020 Link Volumes /Capacity Analysis 7.2 Appendix g 1 Conclusions Based upon the findings of this report, it was determined that the proposed amendments to the Palermo Cove RPUD & Wolf Creek RPUD will result in a net reduction in the number of planned residential units (i.e., less 204 units), which will reduce the volume of site - generated trips by approximately 17 %. Also, the development of the remaining balance of the two RPUDs will not have a significant impact upon the surrounding road network. It was verified that all roadways & intersections, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the completion of the remaining 400 single - family units. As determined, m the road network will continue to operate at acceptable levels of service for 2020 project build -out conditions and will not create any additional off -site transportation deficiencies that need to be mitigated. M T_ O N Methodology The traffic impact statement methodology was established during the project's pre - LO application meeting, as follows: Because traffic impact assessments were previously prepared for the two RPUDs and the proposed amendments will result in a net decrease in off -site impacts, it was concluded by Collier County staff that the petitioner /developer would only need to evaluate that portion of the RPUDs under their control. That is, a significant portion of the Wolf Creek RPUD has either been constructed or is planned to be constructed by others as part of the projects known as Black Bear Ridge and Falls at Portofino. These two projects have already quantified /mitigated their traffic impacts, and therefore, the petitioner /developer will only need to evaluate the impacts associated with the remaining balance of the RPi Ms. It was agreed that only an evaluation of project's effect on the capacity/LOS of C.R. 951 and Vanderbilt Beach Road needed to be determined. Also, because the extension of Pristine Drive has not been finalized and requires participation by others, the impact evaluation should be based upon the expectation that the remaining balance of the RPUDs will have access only by way of Wolfe Road. Based upon this access scenario, the project's trips were assigned to C.R.951 and Vanderbilt Beach Drive. Table 2A depicts the trip distribution assignments, which were agreed to during the pre- application meeting. Scope of Project Palermo Cove RPUD, which is to the north of Wolf Creek RPUD, was previously approved for the development of 524 dwelling units. To date, none of the residential units have been constructed. Wolf Creek RPUD was approved for the development of 671 dwelling units. To date, 591 of these units have either been constructed or may be constructed by others within the developments known as Black Bear Ridge and Falls at Portofino. That is, Black Bear 2 ,�, ti M o N d- LO Ridge will construct 100 single - family units and Falls at Portofino may construct up to a maximum of 491 multi - family units. Whether or not all 591 units will be constructed will be determined by those project developers. Table A Approved RPUDs The petitioner is planning to develop the previously approved Palermo Cove RPUD and the remaining balance of the Wolf Creek RPUD. In order to do so, the developer proposes to amend the RPUDs to achieve the desired development configuration. The amendments will result in a net decrease of 204 dwelling units. That is, Palermo Cove will be amended to allow a maximum development of 237 units (less 287 units) and Wolf Creek will be amended to allow for 754 units. As previously mentioned, 591 of the units have either been constructed or may be constructed by the two projects know as Black Bear Ridge and Falls of Portofino. Therefore, the developer will construct 400 single - family nnitc nn the hln of tho i n eitPc n v Table B Annroved RPTTnc vc_ Prnnnead Awma"A.. —4.. Approved Number of Dwelling Units Constructed or to be Constructed b Others Balance of Dwelling Units Palermo Cove 524 d.u.'s 0 d.u.'s 524 d.u.'s Wolf Creek 671 d.u.'s 591 d.u.'s 80 d.u.'s Totals 1,195 d.u.'s 591 d.u.'s 604 d.u.'s The petitioner is planning to develop the previously approved Palermo Cove RPUD and the remaining balance of the Wolf Creek RPUD. In order to do so, the developer proposes to amend the RPUDs to achieve the desired development configuration. The amendments will result in a net decrease of 204 dwelling units. That is, Palermo Cove will be amended to allow a maximum development of 237 units (less 287 units) and Wolf Creek will be amended to allow for 754 units. As previously mentioned, 591 of the units have either been constructed or may be constructed by the two projects know as Black Bear Ridge and Falls of Portofino. Therefore, the developer will construct 400 single - family nnitc nn the hln of tho i n eitPc n v Table B Annroved RPTTnc vc_ Prnnnead Awma"A.. —4.. The remaining balance of the two RPUDs (i.e., 400 single family units) will have access by way of the planned extension of Wolfe Road and possibly the extension of Pristine Drive. The extension of these two roads will create an interconnect (loop road) between C.R. 951 and Vanderbilt Beach Road. However, the extension of Pristine Drive is subject Approved Units Proposed Amendment Total as Pro osed uavuw Controlled by Others Controlled by Petitioner Palermo Cove 524 d.u.'s -287 d.u.'s 237 d.u.'s 0 d.u.'s 237 d.u.'s Wolf Creek 671 d.u.'s + 83 d.u.'s 754 d.u.'s 591 d.u.'s 163 d.u.'s Totals 1,195 d.u.'s - 204 d.u.'s 991 d.u.'s 591 d.u.'s 400 d.u.'s The remaining balance of the two RPUDs (i.e., 400 single family units) will have access by way of the planned extension of Wolfe Road and possibly the extension of Pristine Drive. The extension of these two roads will create an interconnect (loop road) between C.R. 951 and Vanderbilt Beach Road. However, the extension of Pristine Drive is subject to participation by others and there is no guarantee that the road will be constructed as envisioned. As agreed during the pre- application meeting, an assessment of the project's impacts will be for that controlled by the petitioner (400 single family units) and only having access by Woke Road. Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation m Manual, 8h Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Single - Family Detached Housing" (LUC 210) was most appropriate in estimating the new trips ch associated with the proposed project. 0 As determined, the project's new trips during the AM & PM peak hours will be 300 vph & 366 vph, respectively. Table I depicts the computations performed in determining the LO project's new trips. Table C New Site- Generated Trips (Summation of Table 1) Daily Weekday AM Peak Hour PM Peak Hour Trips Generated Trips Generated Trips Generated (AD'T) h) (vph) 3,722 300 366 L Existing + Committed Road Network Table 2A provides a detail of the surrounding E + C road network and their respective minimum level of service performance standards and capacity. As shown, there are no significant 5 -year committed roadway improvements within the project's area of impact. Collier Boulevard is classified as a six -lane divided arterial. The road functions as a primary north/south corridor that extends between Immokalee Road and Marco Island. Within proximity of the site, the posted speed limit of C.R. 951 is 45 MPH. m Wo fe Road is a two -lane road that extends west from its intersection with C.R. 951 and ti terminates just beyond the entrance to the Golden Gate Fire Department's Emergency r Response Station. Between its western terminus and its planned intersection with Pristine CO Drive, the road will need to be constructed as a two -lane public road. 0 Wolfe Road @ C.R. 951 is a full intersection that is currently controlled by an emergency - activated traffic signal that operates as a flashing beacon when in a stand -by LO mode. The emergency signal is a mast arm construction and can be converted to a fully - actuated system at the time it is warranted. All required left and right turn lanes were previously constructed and no other improvements are needed at this intersection. Vanderbilt Beach Road is classified as a six -lane divided arterial. The road functions as a primary east/west interconnect between the Golden Gate Estates Area and western Collier County. Within proximity of the site, the posted speed limit is 45 MPH. r-11, 5 M M N r d c a m a m v � �n 00w00 wo m o c��z}LLlzz?W- o rn t o o m > o m J c 0 0 r- 0 0) c m L °C a _0 G tm m o C O > C9 J o v N IL r 6 .= r ch 6 9 m O a z a u cro M m ro c = N N N M N N z L � L s 0 R D > HC' sMC) r NN -coo o 3 m d Z >° ti _ •a M a—°• s L >MticDco N G E r (N LO o a a � " o Q tO LO O O yNf'- NN LO U") to CD CL o 0 ae e N 0 o,c w M M N Ca N O M MM fa� Q of a >° to V 7E 3� ° W v ° _ 2>20000 W W O O v N 0-` Ya m a U) O c 00 (0Dcco M M N r d a m a m v � m o o rn t o o m > o m J c a> c m L °C a _0 G tm m o C O > C9 J o v N 9 m O a z a u cro M m ro c m � z L a a 0 R Project Traffic Distribution The project's net new trips were assigned to the surrounding road network based upon the distribution assignments which were agreed to during the project's pre - application meeting. The trip assignments are depicted on Table 2A. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2 %, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of m service capacity, then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways. Roads and intersections that were identified as being within the projects area M impact are shown in Table 2A. 0 N r LO r1l .r m w �OWOO c zy.zz w a� ti r � o 0 o Cl•,i CO CMm a aw�O = N N N CV) E N N N iE F a �M CC" NN t- 000 O C m d Z r Co ° _ Lo w _ 'a' N Vm Ln r- 'T T-- o a 3 " o (� := L a o o 0 0 �Nt- NN tn<D a o0 as N 0 v o _ W m �ti °O�°n °° °v W 'Cr MM m M 5 EMCCoCNMN O Y 3 Ia Fa-Q >° = m "E V o w (j U C 7 _� i9p000 W W O °N d a U) 13we oo CO o a°,v�c�oCo� M M N r d ° a � y = C7 a r- o ° ° m rn .0 CL > O m n > 2 o C � O O �p .g ° m m 0 -0 o ? d Y L (Q o m O. z n v u � of d 0 m a m aui c L m a aL d V {0 2012 thru 2020 Project Build -out Traffic Conditions ^ In order to establish 2012 thru 2020 project build -out traffic conditions, traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour /peak direction factor as shown on Table 2B was derived from the 2012 Collier County AUIR. Reports. The annual growth rate was extracted from the growth trend determined via the 2007 thru 2012 AUIR Reports. After the correct adjustments were computed, the vested trips were then added to the forecasted traffic volumes. Once the 2020 background traffic was established, the net new project generated traffic was then added to the background C6 traffic. Table 2C provides a summary of the 2012 thru 2020 traffic conditions and the ti roadways' level of service and remaining available capacity. M As shown, all project impacted roadways will continue to operate at the County's adopted N minimum level of service thresholds at project build -out. Support Documents ti M T- O N LO APPENDIX lo—N, d c CL 1 Q z °• O W A) a m n m o� S j CL CL r r < CL o W o m c n ° m m _a ° r nki a m p m to ° ° : o C v - o. (D m n — CL C m a m v O O O V To 100 S� 7C O °1 V 0 0 w O N a; T �W O m N 00 n 0 n A O ;a x c 1r N C N o; s CT U1 W A N N< T W V V S O A = O c L O. 0 d�W FN ma aaGto a � 'o X V J OUl V Of Of W 00 m S N _ pr a °— °e Cl z m OOO A V V S a 0 v X T W A A N N Ul pap O O O 7C C O O I O A° G � e®O+ 7 c K Cl) < m WD m A N N N S t 0 0 0 0 0 < O O 3 '0 m C 0 0 0 0 0 0 G m— N O1 o m w o x a o 00) 2 o 0 O p i c '0 0 W 0 m C N O .�_. o o N O N O r� a v D r z o� c m 3N m0 n D n D Z r N N W u < n m O 3 CL C CD Q N N D x o W m m a m A m S 0 � .ZI A A N N S m C O a o r 0 3 c 0 E m N tll = M R Zf —1 v n a = o m w o ° 0 01 `o"" of a ° n o m °_ o m a W ° CD CD O a O 0 G) s =� m m CL n N O O W_ t O A m c "0"488 x v_ it N S T W A 0 cM a 0 n w N x c 3 M o to� W A N N m v R O to S 011 CON A W v V O A x 0 C C O 3 O C Q. o �A N O W N N N N < -1 ° O V V co O O O N N D ODD N a A c N 0 N A A N N S m C O + OO�D OD co O a 0 -+ O Zf —1 pD 0 01 `o"" of a 00 S , 0 p r D N O O A OD GD n TZ ' N N C N N N N T+ C$ y O O O S0O 0 C C O � O S O r c < 3 N N 8 W A A S m '� Cis m CT O A O) OD D. a CO) m c "0"488 x v_ it N S T W A 0 cM a 0 n w N x c 3 M o to� W A N N m v R O to S 011 CON A W v V O A x 0 C C O 3 O C Q. o �A N O W 0 R-PUD MASTER BM NOTES t IA,•, M Wrap -"WAL! 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UUy +1101 239.690.4380 C101 EWIneers • Land Sulveyms • Planners • Landscape Arcld6ects CERe: OP AU9n. Ea 0005151 CERL Or AUn1:L0 W05151 RUSINM LC MOM wuw.Gradyfiiinor.com Q. Gra(LY Minvr and Aseodales. PA WOLFE ROAD � � SUBJECT SITE PINE FLATWOODS LINE CQ1+R PVD R w" CRUX h � 1 7 "1 • 1 �h7 e7" �/ Packet Page -4131- 5/14/2013 17.B. NO R T!! Q� 0 5" 100, SCALE: 111= 100' , � 1 or 1 5/14/2013 17.B. Wolf Creek RPUD Deviation Justifications Deviation 1: Previously Approved by Ordinance 2007 -46 Deviation 2: Deviation #2 seeks relief from LDC Section 4.06.02, Buffer Requirements, which requires a 10 foot wide Type A landscape buffer between similar residential land uses to allow no buffer between commonly owned properties where indicated on the Conceptual Master Plan. Justification: This deviation is justified in this PUD due to the common land ownership and development between the northern portion of Wolf Creek PUD and adjacent Palermo Cove PUD. Approval of the deviation will permit development of a unified development plan. The locations where no buffer is required is shown on the Conceptual Master Plan Deviation 3: Deviation #3 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks to be constructed on both sides of local streets, to allow sidewalks on one side of the street only for private streets where identified on the Alternative Pathways Plan (see Exhibit D of the PUD Exhibits). Justification: This deviation is justified in this PUD due to the limited number of units authorized to be constructed within the amended portion of the Wolf Creek PUD (163 units). The sidewalk on one side of the roadway will also permit the developer to provide a streetscape more desirable to the residents of the community. Dual sidewalks will be provided along the private primary loop road within the community and public roadways. Deviation 4: Deviation #4 seeks relief from LDC Section 6.06.01.0, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road to allow a minimum 40' wide private local road (see Exhibit C of the PUD Exhibits). Justification: This deviation will allow the developer to provide all required infrastructure within a combination of dedicated right -of -way and easements. All roadways are intended to be private and within a gated community. A cross - section of the proposed internal private road is provided and has been successfully utilized in other communities. Deviation Justifications (rev2).doc Page 1 of 2 Packet Page -4133- 5/14/2013 17.B. Deviation 5: Deviation #5 seeks relief from LDC Section 6.06.01.J, Street System Requirements, which limits cul -de -sacs to a maximum length of 1,000 feet to permit a cul-de -sac approximately 1,300 feet in length with appropriate no through signage. Justification: The deviation will be limited to one cul-de -sac street within the PUD, and is warranted due to the configuration of the lake and preserve areas on the Master Plan. The County Engineer is authorized to grant this deviation administratively; however, the owner wishes to have certainty in order to proceed with engineering design. Appropriate signage indicating the cul-de -sac is not a through street will be provided. Deviation 6: Deviation #6 seeks relief from LDC Section 5.06.02, Development Standards for Signs within Residential Districts, which only allows On- premises signs within residential districts, to permit one off - premise residential sign, if developer is able to obtain a sign easement and PUD amendment from the property owner of the Sonoma Oaks MPUD, located immediately south of the Wolfe Road /Collier Boulevard intersection. The sign area would be a maximum of 80 square feet, and be designed to be a ground mounted sign having the same sign copy and design theme as that permitted on the north side of Wolfe Road within the Palermo Cove RPUD. Justification: This deviation will allow the property owner to have residential entry signage located on both sides of Wolfe Road, which will allow appropriate visibility of the residential project. Because the area immediately south of Wolfe Road is located within another PUD locating a sign on both sides of the project entry is not possible unless it is placed off -site. Deviation Justifications (rev2).doc Page 2 of 2 Packet Page -4134- ct School 0- <_Collier Cou'� 5/14/2013 17.13. Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation /information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239 -377 -0267. Please check [�] type of application request (one only): [X] School Capacity Review [ ] Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, L. Project Information: Project Name: Wolf Creek RPUD Municipality: Collier County Parcel ID #: (attach separate sheet for multiple parcels): Please see attached Property ID numbers list Location /Address of subject property: 4170 Wolfe Road (Attach location map) Closest Major Intersection: Wolfe Road and Collier Boulevard north of Vanderbilt Beach Road ll. Ownership /Agent Information: 'Owner /Contract Purchaser Name(s): Wolf Creek Naples Holdings LLC Agent/Contact Person: D. Wayne Arnold. AICP (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address:. Q. Grady Minor and Associates, P.A. 3800_Via Del Rev, Bonita Sorinas. FL 34134 Telephone#: 239.947.1144 Fax: 239.947.0375 Email warnoldCo).gradyminor.com I hereby certify the statements and /or information contained in this application with any attachments submitted herewith are true and correctLo the best qt my knowledge. Owner or Signature Ill. Information Date Project Data nit Types defined on page 2 of application) Current Land Use Designation: Residential I Proposed Land Use Designation: Residential Current Zoning: RPUD and RMF -6 Project Total Units Currently Allowed by Type: 1671 Total Units Proposed by Type: 1754 Is this a phased project: Yes or No Proposed Zoning: RPUD If Date /time stamp: Packet Page -4135- 2 of this 5/14/2013 17.B. Wolf Creek PUD Amendment Property ID Numbers 1-101� Folio Numbers: 00204360009 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203800007 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: 4525 WOLFE ROAD Folio Numbers: 00203600003 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00204720005 Name: WOLF CREEK NAPLES HOLDINGS LLC Street# & Name: 4170 WOLFE ROAD Packet Page -4136- Page 1 of 1 T1� 5/14/2013 17. B. AFFIDAVIT OF COMPLIANCE PL2012 -0680 and PL2012- 0650, Palermo Cove RPUD and Wolf Creek RPUD I hereby certify that pursuant to Ordinance 2004 -41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's hereby made a part of this Affidavit (Signature of State of Florida County of Lee and copy of newspaper advertisement which are ance The foregoing Affidavit of compliance was acknowledged before me this 3rd day of January, 2013 by Sharon Umpenhour, who is personally known to me {Signature of Not Public} Printed Name of Wtary i(SuBERI.Y A. SCHER V .x MY COMMISSION M EE 047547 ' = EXPIRES. December 12, 2014 Bonded Tlru NOWY PabYathafwAn e (Notary Seal) G :\NM Procedures/Affidavit of Compliance - NM 0ct2010.Doc Packet Page -4137- - 5/14/201317.B. GradyNfinor Civil Engineers • sand Surveyors • Planners • Landscape Architects December 28, .2012 RE: Neighborhood Information Meeting Petitions PUDZA- PL20120000680, Palermo Cove RPUD and PUDZA- PL20120000650, Wolf Creek RPUD Dear Property Owner: Please be advised that a formal .application has been submitted to Collier County, seeking approval of Planned Unit Development (PUD) Amendments, by Raffia Holdings of Naples LLC and Wolf Creek Naples Holdings LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., for the following described property: Palermo Cove RPUD, approximately 131± acres, and Wolfe Creek RPUD, approximately 168± acres, are located in the northwest quadrant of Collier Boulevard and Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. The petitioner is asking the County to approve these applications to allow amendments to the existing Planned. Unit Developments (PUD) known as Palermo Cove RPUD and Wolf Creek RPUD. The amendments are being requested to permit the developer of the northernmost portion of the Wolf Creek RPUD to develop a common Master Plan with commonly owned property within the Palermo Cove RPUD. The revised Palermo Cove RPUD would reduce the project area by 16 ±acres from 131± acres to 115± acres, and reduce the overall permitted number of residential dwelling units from 524 units to a maximum of 237 units. The revised Wolf Creek RPUD increases the project area by 21± acres from 168± acres to 189± acres by including the 16± acres from Palermo Cove RPUD and a five acre RMF -6(4) zoned tract. The current Wolf Creek RPUD permits a maximum of 671 dwelling units at an overall density of 4 dwelling units per acre and the proposed amendment is requesting a maximum of 754 dwelling units at an overall density of 4 dwelling units per acre. The overall density for the two currently approved PUDs will be reduced by 204 units. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to inform the general public of the proposed changes and to answer questions there may be regarding the application. The Neighborhood Information Meeting will be held on January 14, 2013, 5:30 pm at the Golden Gate Fire Control and Rescue District Station 73,14575 Collier Boulevard, Naples, FL 34119. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34:5 34 Packet Page -4138- Ph. 239 - 947 -1144 e Fx: 239 - 947 -0375 E B 0005151 • LB 0005151 • LC 26000266 ur%,v. gradyini nor. cum 5/14/2013 173. RE: Neighborhood Information Meeting Petitions PUDZ4-PL20120000680, Palermo Cove RPUD and PUDZ4-PL20120000650, Wolf Creek RPUD December28,2012 Page 2 of 2 If you are unable to attend this meeting and have questions or comments, or you have questions prior to the meeting, they can be directed by e-mail, phone, fax or mail by January 14, 2013 to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. cerely, Sharon Umpenhour Planning Technician Z� N /* '_j Immokalee Rd I 'all 0. 1. T—W1,111111 immo lee t Al Max P" w. 1) Sl .1 0 an er i He lit. al PALERMO COVE RPUD AND WOLF CREEK RPUD PROJECT LOCATION MAP Packet Page -4139- 5/14/2013 17.B. 1 O O O O .n-1 .mi 100 Vf Yi 1rvY1 .Ni .O-i W 1ND vmi o a O " O n voi Cm0 N ~ N O m .~i uNi O Iii .~i Yi voi O ID o o D O .O-� uoi aNO O uNi in Yrv�1 O b °m O N M �"rmnn vrvvvmmin a lone e m nv.-1 n vnrm.+ m vry o.lm m 0 w N 2 N LL� IJL IJi Z LL LL LL LL Z LL LL LL LL LL LL LL Z Z 1L IJY U LL LL IL V LL LL LL LL LL W LL IL Z iL LL W Z IJY � Y. 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Palermo Cove RPUD and Wolfe Creek RPUD Adjacent Homeowner Associations Summit Place Community Association Inc. c/o KW Property Management and Consulting 3358 Woods Edge Circle, Suite 102 Bonita Springs, FL 34134 -3323 Black Bear Ridge Property Owners Association Inc. c/o SW Property Management 3.044 Castello Drive, Suite 206 Naples, FL 34103 -8901 Black Bear Ridge Property Owners Association Inc. 2647 Professional Circle, Suite 1201 Naples, FL 34119 Island Walk Homeowners Association Inc. c/o SW Property Management 1044 Castello Drive, Suite 206 Naples, FL 34103 -8901 Island Walk Homeowners Association Inc. 6155 Towncenter Circle, Suite 101 Naples, FL 34119 Indigo Lakes Master Association Inc. c/o SW Property Management 1044 Castello Drive, Suite 206 Naples, FL 34103 -8901 Indigo Lakes Master Association Inc. 14875 Indigo Lakes Circle Naples, FL 34119 THE FALLS OF PORTOFINO CONDOMINIUM NO. 1 ASSOCIATION, INC. C/O PRIME MANAGEMENT GROUP 4651 SHERIDAN STREET, SUITE 480 HOLLYWOOD FL 33021 THE FALLS OF PORTOFINO CONDOMINIUM NO. 2 ASSOCIATION, INC. C/O PRIME MANAGEMENT GROUP 4651 SHERIDAN STREET, SUITE 480 HOLLYWOOD FL 33021 Packet Page -4150- 5/14/2013 17.B. THE FALLS OF PORTOFINO CONDOMINIUM NO. 3 ASSOCIATION, INC. C/O PRIME MANAGEMENT GROUP 4651 SHERIDAN STREET, SUITE 480 HOLLYWOOD FL 33021 THE FALLS OF PORTOFINO CONDOMINIUM NO. 4 ASSOCIATION, INC. C/O PRIME MANAGEMENT GROUP 4651 SHERIDAN STREET, SUITE 480 HOLLYWOOD FL 33021 THE FALLS OF PORTOFINO CONDOMINIUM NO. 5 ASSOCIATION, INC. C/O PRIME MANAGEMENT GROUP 4651 SHERIDAN STREET, SUITE 480 HOLLYWOOD FL 33021 THE FALLS OF PORTOFINO CONDOMINIUM NO. 6 ASSOCIATION, INC, C/O PRIME MANAGEMENT GROUP 4651 SHERIDAN STREET, SUITE 480 HOLLYWOOD FL 33021 Packet Page -4151- NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as m appeared Amy Davidson, who on oa Inside Sales Supervisor of the Naples r- newspaper published at Naples, in I C2 distributed in Collier and Lee countie N attached copy of the advertising, bei It IT- PUBLIC NOTICE LO in the matter of PUBLIC NOTICE was published in said newspaper 1 on January 6, 2013 . . Affiant further says that the said N published at Naples, in said Collier { newspaper has heretofore been coati County, Florida; distributed in Collis each day and has been entered as sec office in Naples, in said Collier Coui year next preceding the first publica advertisement; and aff ant further sa, promised any person, firm or corpora commission or refund for the purpos publicatim in the said newspaper. r7 , affiant) n to and subkri d before me 15"' day of Janu 201,3. (Signature—of notary public) CAROL.POUDORA MY COMMISSION # EE 851758 EXPIRES: November 28, 2014 Bonded rnru Picherd Insurance Agency Coleman, �F Ier is petif"ioning CoN r� rtirrrend the existing Planned Unit JD) kna i:as!Palermo Cove RPUD and Woof Creek'RPUD. Thar., aeing re4Gested to permit the developer of the northernmost portion ;: RPUDto develop a common Master Plan with c =YO owned: ! ie Pal, ,d o' ,,,,revised Pale rt o; Go vvculd 1 tare ��acres to 115�9� res, n l-- reduce the `, ' number, nits from 524 units to a maximum of e�i lUsil tla, act :by 21± acres from P 6-bove:RPUD and a ek'RPUD permits a maximum of units cre anti roposed t ` gun rsity of 4 `��eCirfl�Proved PUDs will _ . ZZ t9R'INPUT p�ftane►��si visitors are we{come to attend the pre - s�ass' pr� . ��rner's representative- andJor owner /devel- 9 5/14/2013 17.B. SIGN POSTING INSTRUCTIONS � (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the fast public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE /SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDA- OR AGENT Sharon Umpenhour NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE 3800 Via Del Rey STREET OR P.O. BOX Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 28th day of February, 2013, by Sharon Umpenhour, personally known to me or- whepredueed as identifieatiert and who dWdid not take an oath. rte" "ti" KNBERLYASt;NER v: W COMMISSION # EE 047547 EXPIRES: December 12, 2014 RF Bonded PFU NoWy PW* Lkdmw#m My Commission Expires: (Stamp with serial number) Si a e of Notary is Printed Name of NotAry Public Packet Page -4153- -tbSTti- aSed japed n '1311 £�OZ /IbL /5 CU x rD go rn 1l 5/14/2013 17.B. j ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2007.46, AS AMENDED, THE WOLF CREEK RESIDENTIAL PLANNED UNIT DEVELOPMENT BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 671 TO 754; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE` BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN - ADDITIONAL 5 +1- ACRES OF LAND FROM RMF -6(4) SCENIC WOODS REZONE TO THE WOLF CREEK RPUD AND BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 16f ACRES FROM PALERMO COVE PUD TO WOLF CREEK PUD; BY REVISING THE DEVELOPMENT STANDARDS; BY ADDING EXHIBIT A -1, THE AMENDED MASTER PLAN FOR PARCELS 1A THROUGH 3A; BY ADDING EXHIBIT `41)», PRIVATE ROAD CROSS- SECTION FOR PARCELS 1A THROUGH 3A; BY ADDING TABLE II, DEVELOPMENT STANDARDS FOR PARCELS 1A THRUGH 3A; AND BY ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD (C.R. 862) APPROXIMATELY ONE -HALF MILE WEST OF COLLIER BOULEVARD (C.R 951) IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 189+/ ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 2007 -03, THE SCENIC WOODS REZONE; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, WCI COMMUNITIES, INC., represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. "Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ZONING CLASSIFICATION The zoning classification of approximately 20 acres of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida is changed as Wolf Creek RPUD 1 PUDZ- A- PL20120000650 Page 'l of 2 Rev. 4(2211.3 Packet Page -4156- 5/14/2013 17.B. follows: 5± acres are changed from RMF -6(4) Scenic Woods Rezone to the Wolf Creek Residential Planted Unit Development (RPUD) zoning district and 16t acres are changed from Palermo Cove PUD to Wolf Creek RPUD and when combined with the existing Wolf Creek- RPUD provides for a 189+/- acre project in accordance with the revised RPUD document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 0441, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: REPEAL OF ORDINANCE NO. 2007-03 Ordinance No. 2007 -03, the Scenic Woods Rezone, is hereby repealed. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -major q, vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A - RPUD Document including Exhibits CP,12- CPS - 01201 \40 Wolf Creek. RPUD'% PUDZ- A- PL20120000650 . Page 2 of 2 Rev. 4/22/13 Packet Page - 4157 - 5/14/2013 17.B. EXHIBIT "A" WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT 'DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 33785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 and Wolf Creek Naples Holdings LLC � 265 Sevilla Avenue Coral Gables. Fl, 33134 PREPARED BY: HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 AMENDED BY: 0. GRADY MINOR AND ASSOCIATES. P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and RICHARD D. YOVANOVICH OLEMAN.% SON YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL N., 9300 NAPLES, FLORIDA 34103 DATE FILED DATE REVISED c °. *e..,'' °� c �nnQ lanuatl 15.2013 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 2009-34 AMENDMENTS AND REPE n r n3 -45, 07 -46 -46 t?9 -34 -i4 r� I 1 i Packet Page -4158- CtL? J 5/14/2013 17.B. i i I TABLE OF CONTENTS Words stmeli -thfeugh are deleted; words underlined are added. Wolf Greek RPUD PLW12 -0650 Revised 4 - 18 -2093 Page 2 of 26 Packet Page -4159- {t`, PAGE TABLE OF CONTENTS 42 LIST OF EXHIBITS AND TABLES +H-3 STATEMENT OF COMPLIANCE 44 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 25 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 610 SECTION III RESIDENTIAL AREAS PLAN 812 SECTION IV PRESERVE AREAS PLAN 44 20 SECTION V DEVELOPMENT COMMITMENTS 421 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS - PARCELS 3B - 9 4-015 TABLE 11 RESIDENTIAL DEVELOPMENT STANDARDS- PARCELS 1A 1 B. 2A 2B n ; i i & 3A 16 i Words stmeli -thfeugh are deleted; words underlined are added. Wolf Greek RPUD PLW12 -0650 Revised 4 - 18 -2093 Page 2 of 26 Packet Page -4159- {t`, 5/14/2013 17.B. LIST OF EXHIBITS AND TABLES EXHIBIT "A" RPUD MASTER PLAN — ORIGINAL (pertains to Parcels 3B — 9) EXHIBIT "A -1" RPUD MASTER PLAN AMENDED (pertains to Parcels 1A. 1 B, 2A, 2B& 3A EXHIBIT "B" RPUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN EXHIBIT "C "- PRIVATE ROAD CROSS- SECTION - PARCELS 1A. 1<B, 2A, 2B & 3A EXHIBIT "D" ALTERNATIVE PATHWAYS PLAN - PARCELS 1A 1B 2A 26 & 3A EXHIBIT "E" PRISTINE DRIVE CROSS - SECTION - PARCELS 1A 1 B 2A 2B & 3A TABLE I DEVELOPMENT STANDARDS — PARCELS 3B - 9 TABLE 71 DEVELOPMENT STANDARDS - PARCELS 1A 1B 2A 2B & 3A Words stmek are deleted, wards underlined are added. Wolf Creek RPUD Pt2012 -M50 Revised 4 -16 -2013 Page 3 of 26 Packet Page -4160- 5/14/2013 17.B. STATEMENT OF COMPLIANCE The development of approximately 46- .16188.78± acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, 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 residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development is planned to protect the functioning of natural drainage n features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density +4 dwelling units /acre Maximum Permitted Density +4 dwelling units /acre Maximum permitted units = 46188.78 acres x 4 dwelling units/acre = 756 units,. Requested dwelling units -754, which results in a requested density of 3.99 dwelling units /acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. Words stmak 6reugh are deleted; words underlined are added. Wolf Creek RPUD PL2012 -0650 Revised 4 -18 -2013 Page 4 of 26 Packet Page -4161- t SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 5/14/2013 17.B. The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. .2 LEGAL DESCRIPTION The subject property being 46-7 - 90188.78-x- acres is comprised of 9-12 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1A A portion of land located in Section 34. Township 48 South, Range 26 East Collier County Florida Being more particularly described as follows: commence at the West quarter corner of Section 34, Township 48 South Range 26 East Collier County Florida; thence along the West line of the Northwest quarter of said Section 34 north 02 °14'01" West: a distance of 668.74 feet to the point of beginning of the parcel of land herein described; thence continue along said West line north 02 °14'01" West, a distance of 1054.64 feet; thence north 87046'17 East. a distance of 364.37 feet to a point on a non tangential curve to the left thence Southerly 88.00 feet along the arc of said curve having -a radius of 210.00 feet a central angle of 24 °00'38 (chord bearing South 07 °14'58" East a distance of 87.36 feet); thence South 18 °28'14" East a distance of 65.84 feet: thence South 04 030'25" East a distance of 65.59 feet: thence South 1002228 East, a distance of 73.39 feet to a point on a non tangential curve to the right: thence Southerly 86.02 feet along the arc of said curve having a radius of 533.38 feet a central angle of 09 °14'25" (chord bearing South 01"10'52" East, a distance of 85.93 feet) to a point on a non tangential curve to the right; thence Southerly 62,48 feet along the arc of said curve, having a radius of 485.08 feet a central angle of 07 °22'50" (chord bearing South 06 °57'20 West a distance of 62.44 feet) to a point on a non tangential curve to the left thence Southerly 212.02 feet along the arc of said curve, having a radius of 1,667.96 feet a central angle of 07 °16'59 (chord bearing South 08 "44'13" West a distance of 211 88 feet) to a point on a non tangential curve to the right; thence Southwesterly 21.41 feet along the arc of said curve having a radius of 3000 feet a central angle of 40 °5351 ", (chord bearing South 25 031'05 West a distance of 20.96 feet) to a point on a non tangential curve to the left: thence Southwesterly 76.34 feet along the arc of said curve having a radius of 254.07 feet a central angle of 17 °12'57 ", (chord bearing South 37 °21'31" West,- a distance of 76.05 feet); thence South 01 °15'45" East a distance of 44.93 feet: thence-South 89 051'46" East, Words stmek 4hreugh are deleted; words underlined are added. Wolf Greek RPU© PL2012 -0650 Revised 4-18-2013 Page 5 of 26 Packet Page -4162- { >, 5/14/2013 17.B. a distance of 84.45 feet to a point on a curve to the right: thence Easterly 126.29 feet along the arc of said curve having a radius of 430.00 feet, a central angle of 16 049'40 ", (chord bearing South 81'2656" East, a distance of 125.84 feet) to a point on a reverse curve to the left; thence Easterly 238_.56 feet along the arc of said curve, having a radius of 325.00 feet, a central angle of 42 °03'25 ". (chord bearing north 85 °56'11" East, a distance of 233.24 feet) to a point on a reverse curve to the right; thence Easterly 361.70 feet along the arc of said curve; having a radius of 430,00 feet, a central angle of 48 °11'45 ". (chord bearing north 89 °00'21" East, a distance of 351.13 feet) to a^point on a reverse curve to the left; thence Easterly 111.61 feet along the arc of said curve, having_ a radius of 1.80.00 feet, a central angle of 35 °31'37° (chord bearing South 8403935" East, a distance of 109.83 feet) to a point on a reverse curve to the right; thence Southeasterly 52.79 feet along the arc of said curve, having a radius of 40.00 feet, a central angle of 75 037'08 ", (chord bearing South 64 036'49" East, a distance of 49.04 feet) to a point on a reverse curve to the left; thence Southeasterly 54.96 feet along the are of said curve, having a radius of 220.00 feet, a central angle of 14 01851 ". (chord bearing South 33 057'41 East. a distance of 54.82 feet) to a point on a non tangential curve to the left: thence Southeasterly 68.01 feet along the arc of said curve, having a radius of 223.33 feet, a central angle of 17 °26'56 (chord bearing South 49 058'34" East, a distance of 67.75 feet) to a point on a non tangential curve to the left: thence Easterly �..� 84.06 feet along the arc of said curve, having a radius of 220.00 feet, a central angle of 21'53'34", (chord bearing South 69 046'49" East, a distance of 83.55 feet); thence South 00 008'14" West, a distance of 157.48 feet to a point on the South line of the lands described in officials records book 4714, page 2675, public records. Collier County, Florida; thence along said South line north 89 °52'01°' West, a distance of 1387.90 feet to the point of beginning. AB. Parcel 1 B- The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right -of -way over and across the south 30 feet and the west 30 feet thereof. &C. Parcel 2A - The South half of the Southeast quarter of the Northwest quarter of 'Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for ;public road right -of -way over and across the south 30 feet thereof. D. Parcel 2B - The West 330 feet of the West 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26, East, Collier County, Florida. -GE. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, Words stwak thfough are deleted; words underlined are added. Wolf Creek RPUD PL2012 -0550 Revised 4 -18 -2013 Page 6 of 26 Packet Page -4163- (C "\ 5/14/2013 173. less Parcel 3B, subject to an easement for public road right- of -way over and across the north 30 feet and the east 30 feet thereof. BF. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south % comer of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02 "13'26" west, along the east line of the southwest % of said Section 34, for a distance of 2005.53 -feet to the southeast corner of the north -Y2 of the northeast % of the southwest "/ of said Section 34 and the Point of Beginning of the parcel of land 'herein described: thence run north 89 °51'58" west, along the south line of the north 12 of the northeast % of the southwest % of said Section 34, for a- distance of 1245.00 feet; thence run north 02 013'26" west, parallel with the east line of the southwest % of said Section 34, for a distance of 420.21 feet; thence run south 89 051'58" east, parallel with the south line of the north % of the northeast % of the southwest % of said Section 34, for a distance of 1245.00 feet; thence run south 02 °13'26" east, along the east line of the southwest % of said Section 34, for a distance of 420.21 feet to the Point of ,Beginning. l=G. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. €H. Parcel 5 The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right -of -way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right -of -way. 61. Parcel 6 The North half of the Southwest quarter of the Southeast quarter - of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 14J. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. fK. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the _ Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. L. Parcel 9 The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: Words swaek dwevo are deleted; words underlined are added. WoN Creek RPUD PL2012.0650 Revised 4-18 -2043 Page 7 of 26 Packet Page -4164- 5/14/2013 17.B. 1. Parcels 1A, 1B. 2A. 2B, and 3A by William L. u.,eveF, °ie ° ^t e nauia riulunlua vi Ivatiica LLC 265 Sevilla Avenue Coral Gables Florida 33134 and Wolf Creek Naples Holdings istaEtes, LLC, 3795 AiFpeFt 12.0-ad lIeFth, Suite 13-4265 Sevilla Avenue, NaWesCoral Gables, Florida 3410533134. 2. Parcels 4 and 5 by Prime Homes at Portofino Limned, Attn. Larry Mayer Abbo, 21218 St. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of 'Catalina Land Group, Inc., the manager of Buckstone Estates, LLC 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately Yz mile west of Collier Boulevard (C.R. 951), unincorporated Collier County, Florida, Fezoned to RPUD. An abandoned mobile h9me is laGated GA PaFeel 4, a , , 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach' Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. Words woHek through are deleted; words underlined are added. Wolf Creek RPUD Pc2012 -0650 Revised 4-18 -2013 Page 8 of 26 Packet Page - 4165 -% q� 5/14/2013 173. The water management system of the project will include the construction of a perimeter berm along portions of the proiect boundary with crest elevation set at or above the 25 -year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on -site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm—and finished floor elevations, water quality pre- treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 — Holopaw Fine Sand, Limestone Substratum; #27 Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine flatwoods, pine - cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 674.754 residential units. Recreational facilities and other 'facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational - uses, and signage are designed to be harmonious with one another in a natural setting' by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 17 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." Words swa& thmugh are deleted; words underlined are added. woMCreek RPUD PL2012 -0650 Revised 4- 18 -2093 Page 9 of 26 Packet Page - 4166 -, 5/14/2013 17.B. SECTION li PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of :building permit application. 2.3 C. All conditions imposed and graphic;matenal presented depicting restrictions for the development of the Wolf Creek RPUD shall become part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the ;provisions of the Adequate Public Facilities Requirements, of the LDC. F. Throughout this PUD, all references to Exhibit "A" (RPUD Master Plan) shall pertain to Parcels 3B - 9 and all references to Exhibit "A -1" (RPUD Master Plan Amended) shall pertain to Parcels 1A, 1B. 2A, 2B & 3A: DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit RPUD Master Plan and Exhibit "A -1" RPUD Master Plan Amended. There shall be numerous land use tracts, plus necessary water management lakes, street rights -of -way, the Words stmek thmug# are deleted; words underlined are added. wort Creek RPUD PL2012 -0650 Revised 4 -18 -2013 Page 10 of 26 Packet Page - 4167 - 5/14/2013 17.B. general configuration of which is also illustrated by Exhibit "A" and Exhibit-"A- B, Areas illustrated as lakes by Exhibit "A" and Exhibit "A -1" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A" and Exhibit "A -1 ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SDP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "A" and Exhibit "A -1 such easements as necessary (utility, private, semi - public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 67- 754 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 467.913188.78± acres. The gross project density shay be a maximum of 3.99 units per acre if all 67- 754 dwelling units are approved and constructed, A minimum of 83 dwelling units will be assigned to parcels 1A 3A due to the additional acreage being added to the PUD by the owner of those parcels In addition parcels 1A — 3A shall be entitled to incorporate any other density owned by the developer of these parcels. There shall be a maximum density of 163 dwelling units on parcels 1A — 3A. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and /or condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Copier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A ", RPUD Master Plan and Exhibit "A -1'" RPUD Master 'Plan Amended, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SDP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan Exhibit "A" and Exhibit "A -1R =and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. words stfuei d4magh are deleted; words underlined are added. wolf Creek RPUD PL2012 -0650 Revised 4-18 -2013 Page 11 of 26 Packet Page -4168- ;, :� SECTION III RESIDENTIAL AREAS PLAN 5/14/2013 17.B. 3,1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", RPUD Master Plan and Exhibit "A -1 RPUD Master Plan Amended. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 6 -1754. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following A. Permitted Principal Uses and Structures: 1. Single- family dwellings (includes zero -lot line and townhouses intended for fee simple conveyance). 2 Variable lot line dwellings single family (As to Parcels 1A, 1 B 2A. 2B & 3A onlyl A variable lot line dwelling unit is -a single family dwelling where the side yards may vary, between 0 and 10 feet as long as a 10 -foot minimum setaaration between principal structures is maintained. 23. Two- family dwellings and duplexes, 34. Multi- family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. Words stmaiii thfotwh are deleted; words underlined are added. WotfCreek RPUD PL2012-0650 Revised 4 -18 -.2013 Page 12 of 26 Packet Page - 4169 - 5/14/2013 17.B. 3. Temporary sales trailers and model -mss homes and model home centers including offices for proiect administration construction, sales and marketing. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6. Water management facilities. G. 11#90RI-616% 4. The existing single family heme on pamel 4 9 shall be peFmi#ed f9F FesideRtial single family land uses and GustefsaFy aGGeGSGFY uses until rens"GOGR is r.GMFAeAGed 9A the PaMel IQ. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses on Parcels 3B through 9 and Table Il sets forth the development standard for land uses on Parcels 1A, 1 B 2A 2B & 3A within the Wolf Creek RPUD. Front yard setbacks in Table l and Il shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non- platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. 4 (As to Parcels 1A 18 2A 2B & 3A only): Guardhouses, gatehouses, fences walls columns decorative architectural features, streetscape and access control structures shall have no required setback, except as listed below and are permitted throughout the "R" designated areas of the PUD: however such structures shall be located such that they do not cause vehicular stacking into the road right -of -way or create sight distance issues for motorists and pedestrians. Maximum Height Zoned: 25' Words stmak t1weagk are deleted; words underlined are added. � wolf Creek RPUD PL2012 -06W Revised 4 -18 -2013 Page 13 of Z& Packet Page -4170- ,� 5/14/2013 17.B. Actual: 30' Setbacks PUD Boundary: 10, except fences or wails shall have no setback. Wards :ekkwetgk are deleted; wards underlined are added. Wotf Creek RPUD PL2012 -0650 Revised 4-18 -2013 Page 14 of 26 Packet Page -4171- 5/14/2013 17.B. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS PARCELS 3B — 9 STANDARDS SINGLE- SINGLE- FAMILY TWO- FAMILY AND MULTI-FAMILY FAMILY ATTACHED DUPLEX TOWNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. 1,800 Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot Width (1) 50' Interior Lots 18' Interior Lots 80' Interior Lots (40') NA 60' Corner Lots 25.5' Exterior Lots (2) NA 100' Cotner Lots (50') (2) Minimum Front Yard Setback(6) 23' (3) (4) 23'(3) (4) 23'(3) (4) Minimum Side Yard Setback (5)'(6) 1 Story 0' & 12' or both NA 0' & G or both 6' 7.5' 2 'Story 6' 0' or 7.5' 0' & 7.5' or both 7.5' 10' 0' & 15' or both 7,5' Minimum Rear Yard Setback (6) Principal Structure 20' 15' 20' 20' Accessory Structure ` 10' 10' 10' 10' Minimum PUD Boundary Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA 10' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve Area Setback n Principal Structure 25' 25' 25' 25' Accessory Structure 10' 10' 10' 10' Minimum Distance Between Structures Main/Principal /Accessory 12' NA 12' 15' 1- Story 15' 15' 15' 20' 2-Story Maximum Heieht Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories Accessory Building 25' /Clubhouse 25' /Clubhouse 35' 25' /Clubhouse 35' 25' /Clubhouse 38' 35' Minimum Floor Area 1400 Sq. Ft. 1400 Sq. Ft 1200 Sq. Ft. 1150 Sq. Ft. (1) May be reduced on cul -de -sac lots and lots along the inside and outside of curved streets by 25 %. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall have a 15 -foot minimum setback from all property boundaries of the recreational tract/lot. (4) The front vard setback for side -faded garages may be reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double -wide driveways without the vehicles overhanging onto the sidewalks located at the edge of the right -of - -way. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the unified principal structure. (6) In no instance shall there bean encroachment into a required landscape buffer. (7) Lake setbacks are measured from the control elevation established for the lake. Words swaeli -thr-eugh are deleted; words underlined are added. Wolf Greek RPUD PL2012: 0650 Revised 4.18 -2013 Page 15 of 26 Packet Page -4172- 5/14/2013 17.B. 'CABLE 11 RESIDENTIAL DEVELOPMENT STANDARDS PARCELS 1A,, 1B, 2A. 2B & 3A STANDARDS SINGLE - FAMILY VARIABLE LOT LINE SINGLE FAMILY AMENITY Side DETACHED FOR SINGLE FAMILY ATTACHED CENTER Minimum Lot Area 5,000 SF 4,000 SF 3500 SF 10,000 SF Minimum Lot Width *3 50 feet 40 feet 35 feet N A Minimum Lot Depth 100 feet 100 feet 100 feet N A, Minimum Front Yard 20 feet *2 20 feet *2 20 feet *2 N A Minimum Side Yard 6 feet 0 -10 feet *4 0 or 5 feet Minimum Rear Yard Principal *1 15 feet 15 feet 15 feet N/A - Aceessory *1 10 feet 10 feet 10 feet N A Maximum Height Zoned 30 feet 30 feet 30 feet 30 feet Actual 35 feet 35 feet 35 feet 35 feet Minimum Distance Between 12 feet 10 feet 10 feet N/A Principal Structures *5 Floor Area Min. (S.F.) 1,500 SF 1000 5F 1000 SF N/A PUD Boundary 15 feet 15 feet 15 feet 15 feet Adiacent to Palermo Cove PUD 0feet 0 feet 0 feet 0 feet Preserve 25 feet 25 feet 25 feet 25 feet Front 20 feet 20 feet 20 feet 20 feet Side 0 feet 0 feet O'feet 10 feet PUD Boundary 15 feet 15 feet 15 feet 15 feet Adiacent to Palermo Cove PUD 0 feet 0 feet 0 feet 0 feet Preserve 10 feet 10 feet 10 feet 10 feet Minimum Distance Between 10 feet 10 feet 10 feet 10 feet Structures Maximum Height Zoned 25 feet 25 feet 25 feet 25 feet Actual 30 feet 30 feet 30 feet 30 feet Minimum lot areas for any unit type may be exceeded. The unittype, and not the minimum lot area shall define the development standards to be applied by the Growth Management Division during an application for building permit. For or variable lot single family and single family attached units a conceptual exhibit showing typical building configurations including building setbacks and building separations shall be submitted to the Growth Management Division with the application for the first building permit for the platted development tract Verification of ingress /eF!ress for maintenance shall be provided for variable lot line single family units. The 30 -foot wide interconnection between the Island Walk development and Pristine Drive shall not constitute a road right- of- wav`for the purpose of ealculatint± setback or buffering requirements, All distances are in feet unless otherwise noted. Words stmel a# are deleted; words underlined are added. Wotf Creek RPUD PL2012 -0650 Revised 4 -18 -2413 Page ifs of 26 Packet Page -4173- 5/14/2013 17.B. *1— Rear yards fort) rincipal and accessory structures on lots and tracts which abut lake or open space areas, For preserve areas, all principal structure setbacks shall be 25' and accessory structure setback shall be 10'. Front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adiacent right -of -way line, B: If the parcel is served by a private road, setback is measured from the back of curb ("rf curbed) or edge of pavement (if not curbed). C. if the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. *2 -Front entry garages must be a minimum of 20', and a minimum of 23' from a sidewalk. Porches entry features and roofed courtyards may be reduced to 15'. *3 - Minimum lot width may be reduced by 20%. for cul -de -sac lots provided the minimum lot area requirement is maintained *4 — The side setback may be variable between zero feet (9) to ten feet (10') as long as a 10 foot minimum separation between principal structures is maintained. *5 — Building, distance may be reduced at garages to a minimum of 0` where attached garages are provided and a 10' minimum separation is maintained, if detached. Note: nothing on this Table ll shall be deemed to approve a deviation from the LDC unless it is expressly stated in Section BA F, Deviations T\ Words qfmak threegh are deleted; words underlined are added. wort Creek RPUD PL2012 -0850 Revised 4-18-2013 Page 17 of 28 Packet Page -4174- �' „� 5/14/2013 17.B. B. Natural Habitat Preserve Area Requirements: 1:. A minimum of 32.9234.26f acres of natural habitat areas shall be provided on -site, including both the under -story and the ground cover emphasizing the largest contiguous area possible, as described in the LDC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of . similar materials and colors throughout all of the amenities 'within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed. All proposed roofs shall be finished in tile, metal, wood, or architecturally - designed shingles (such - as Timberline). D. Signs Signs shall be permitted as described within the LDC, except for signage described within Paragraph 3.4;14E. E. Deviations 1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on- premises signs within residential districts to maintain a ten -foot setback from any property ,line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUD. This deviation will permit approximately half, of one double -faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A ") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10 -foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential. developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety sight distance standards for Collier County and have a minimum 10 -foot setback from the Vanderbilt Words stme1: thFough are deleted; words underlined are added. Wolf Creek RPUD PL2012 -0650 Revised 4-18 -2013 Page 18 of 26 Packet Page -4175- 5/14/2013 17.B. Beach Road right -of -way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. F Deviations — Applies to Parcels 1 A 1 B, 2A, 2B & 3A only. 2 Deviation #2 seeks relief LDC Section_ 4.06,02 of the. Buffer Requirements which requires a 10 foot wide Type A landscape buffer between similar residential land uses to allow no buffer between commonly owned properties where indicated on the Conceptual Master Plan. 3 Deviation #3 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements which requires sidewalks to be constructed on both sides of local streets to allow sidewalks on one side of the street only for private streets where identified on the Alternative Pathways Plan (see Exhibit D of the PUD Exhibits). 4 Deviation #4 seeks relief from LDC Section 6.06.01.0, Street System Requirements and Appendix B Typical Street Sections and Right -of -Way Design Standards which establishes a 60 foot wide local road to allow a` minimum 40' wide private local road (See Exhibit C of the PUD Exhibits)_ 5 Deviation #5 seeks relief from LDC Section 6.06.01J, Street System Requirements which limits cul -de -sacs to a maximum length of 1.000 feet to permit a cul -de -sac approximately 1,300 feet in length with I' appropriate no through traffic signage. Words s#vsk thpanh are deleted; words underlined are added. Wolf Creek,RPUD PUD12 -0650 Revised 4 -18 -2013 Page 19 of 26 Packet Page -4176- 5/14/2013 17.B. SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A, RPUD Master Plan and Exhibit "A-1", RPUD Master Plan Amended, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on -site Preserve Areas shall be conditional upon having _a remaining minimum of 32- 2234.26± acres of native vegetation on -site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the fallowing, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: �-� 1. Passive recreational areas. 2. Biking, biking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. i Words sfM& th+eug# am deleted, words underlined are added. Wall Creek RPUD PL2012 -0650 Revised 4 -18 -2013 Page 20 of 26 Packet Page -4177- 5/14/2013 17.B. i SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, 'final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of final plat, final SDP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit 'A," RPUD Master Plan and Exhibit "A -1 °, RPUD Master Plan Amended, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the _ provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Words swask thfeugh are deleted, words underlined are added. Wolf Greek RPUD PL2012 -0650 Revised 4 -18 -2013 Page 21 of 26 Packet Page -4178- 5/14/2013 17.B. 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans, B. A copy of the SFWMD Surface Water Permit, SFWMD right -of -way Permit, and SFWMD Discharge Permit shall be submitted to Collier County easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet The Collier County Utilities Division will provide applicable technical support in agency ,permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SDP or plat approval. 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Words stfueli thscg are deleted; words underlined are added. Wolf creek RPUO PL2012 -06650 Revised 4 -1 8-2013 Page 22 of 26 Packet Page - 4179 ty x; Development Services Staff pnor to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules, All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, -berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be - conveyed for a potable well easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet The Collier County Utilities Division will provide applicable technical support in agency ,permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SDP or plat approval. 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Words stfueli thscg are deleted; words underlined are added. Wolf creek RPUO PL2012 -06650 Revised 4 -1 8-2013 Page 22 of 26 Packet Page - 4179 ty x; 5/14/2013 17.B. j Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site- related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collector /arterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn -in period, and final approvaVacceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan Exhibit A and Exhibit A -1, shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01 -247), Words stmele threugh are deleted; words underlined are added. Wolf C,eek RPUD PL2012 -0650 Revised 4 - 18 -2093 Page 23 of 26 Packet Page -4180- �' J. K. 5/14/2013 17.B. _ I as it may be amended from time to time, and with the Collier County Long - Range Transportation Plan. When ingress and egress improvements are determined, as necessary, right -of -way and compensating right -of -way shall be provided for and in conjunction with said improvements. All work within the Collier County rights- of-way or public easements shall require a right -of -way permit. All internal access ways, drive aisles and roadways, not located within County right -of- way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately °negotiate "fair share" payments or reimbursements from neighboring property owners. M. No buiidiRg pei:Mits shall be issued f- —Jr -1 -1;its appFeved in the 20 aGFeS that iS b9iA9 added te this PUD wAtil SuGh time as NM. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right -of -way necessary for the two -lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right -of -way. The anticipated width of the right- of-way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project's boundary. There are existing SDPs and plats within the PUD issued to individual developers within the PUD. No further Certificates of Occupancy or development orders shall be issued to any individual developer within the PUD within an already approved SDP or plat until that individual developer conveys all of the right of way for the portion(s) of Pristine Drive owned by that individual developer whether the right of way is located within an approved SDP or plat or located outside of an approved SDP or plat. Words mmok thmugh are deleted; words underlined are added. Wolf Creek RPUD PL2012 -0650 Revised 4-18 -2013 Page 24 of 26 Packet Page -4181- 5/14/2013 17.B. GGAMFUGtion and allm of the 9- -f been dediGa d— Ne Read, is substantially semplete. PIN. The developer shall- design and permit, but not construct, a 30 -foot wide interconnection 'between the Island Walk development and Pristine Drive (fifteen feet to be provided by the respective property owners on each side of the shared boundary between the properties owned by Wolf Creek Estates, LLC, or its successor, and Prime Homes at Portofino Falls, Ltd., Builders LLC, or its successor). The interconnection design shall include 20 feet of pavement and one 5 foot sidewalk. The 30 -foot wide strip of 'land shall be granted as a public easement. Said interconnection requirement shall be completed, i.e., conveyed, designed and permitted within one year of the adoption date of this RPUD rezone. This connection road shall not constitute a road right -of -way for the purpose of calculating setback or buffering requirements. This commitment has been fulfilled and the easement is recorded in OR, Book 764, Pagel 667. a The Developer shall commence construction of that oortion of Pristine Drive . south of Wolfe Road to the current northern terminus of Pristine Drive upon the earlier to occur of the following: 1 Prior to the issuance of the 101st certificate of occupancy within Parcels 1A -3A as identified on the conceptual PUD Master Plan, 2 5 years from the date of the approved first plat for properties located within Parcels 1A -3A as identified on the conceptual PUD Master Plan, or 3 Collier County requires a new entry from Pristine Drive for any development on Parcel 313 and 9 (Prime Parcels), and there is an approved site development plan or final plat and construction commences pursuant to the SDP or Plat. Once construction commences the roadway improvements must be complete within one year. The developer of Parcels 1A through 3A of the Wolfe Creek PUD shall clear, fill and install an 18' wide stabilized area between the current terminus of Pristine Drive and the Palermo Cove PUD access point on Wolfe Road. This stabilized area shall be constructed concurrent with the extension of Wolfe Road as required in the Palermo Cove PUD. Words stmt are deleted; words underlined are added. Wolf Cmek RPUD PL2012 -0650 Revised 4-18-2013 Page 25 of 26 Packet Page -4182- , c, 5/14/2013 17.B. 5.8 PLANNING A. If during the course of site clearing, excavation or other construction activity a 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. 5.9 ENVIRONMENTAL A. A minimum of 32- 3234:26 acres of native vegetation shall be preserved on site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 38:834.26 acres. nai 'th the identified pFesepve areas shown ap-4he-101D. 11 r---A4 B. Any development order approval having 'FLUCFCS 424 melaleuca areas within its preserve areas, shall require supplemental plantings within such melaleuca areas. playgFeund, Words sw"k4 eWh are deleted; words underlined are added." Wolf Creek RPUD PL2012 -0650 Revised 4 -18 -2013 Page 26 Of 2& Packet Page -4183- �� -' fy� ,fl 3�21 Mw Rf OEJ Im m Wggr�go j o° s� it Packet Page - 4184 H�y 3 WX '- �� W QQ cn h s a I � I ma B S C O 17.B. 5/14/2013 W.B. o o. w Cr m CL CL y .tt�M-3C1-1H.1131N14I R k13I77Uo":) X V) y� s 14'n?7170 LL y p w a 05 z U- V Z a a r w o w Q W Uj z a ¢ Q W c w O U i If �fi =; � = w O w ❑ of U) w ( ❑ a z o a o , w ❑ Q ~ °,) 3tl13�13W 90 /'IYIl N30153 Z r, V W < w '7YI7213rNNU ,JiY11N�0U3?l Gf)dVi S>lvo YNDNdS Q ly. z L) '�- II flfldW 57N0 YWONOS _ z ❑ m q W M Q z u +a;- w O n m a uj a. 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E CL z Z¢O� -z k vZ ¢r Z d V w F zLL m LSO > ©Cn ._ rz m d Z iii V - O O a �U=0 CL UJ L <J- C. Cq �d �. x� dtn(1)W z <W 2 � & <Z WD<W W °aw g� S 4 L'u H °zz_a a zCr ui J 0 r J = W LL �+ direr w J 2.) Z) uJdZ �. Qzz z _ � a Q Cn N W, 0 Z ,4a I RrR IURI I�kt'�iCli�`^;f3 I Packet Page -4188- 5/14/2013 17.6. !I j� !II 11 5/14/2013 17.B. r` Packet Page -4189- �_ , R � a n IJM46t 1 z CIL O Z Li Li —~ Z i J m N w x4 Q < a R' y �3AOO WIN ..©£ yJ J a t4 < M V V < k+ f C-1 i a I r r 15 7�- Qf V � ( It OD C E Y Ln s p LA GL LY < I <.. N .:J Z5 Ln b_ ^ I c � N � CV ry � di M .� -J < U O 6 u '20 c� r` Packet Page -4189- �_ , �o 0 to u r R s Q G S Ii 1 � Q vv YN Packet Page -4190- 5/14/2013 17.B. r r Lki G S ai � Q vv YN T v 5 d 3. Z, a Packet Page -4190- 5/14/2013 17.B. r I-,— r G S ai � Q vv YN T v 5 d 3. Z, a w o {17 s�vn CL a J a q ix Cm I F { a- tg.. O: a a CL 4 9. N W: . Y. A Q x_ ti L � � I-,— r ai Q vv YN � Vp v 5 d 3. Z, w o {17 s�vn ei 9 a q I-,— 5/14/2013 17.B. R C x' i r� w Nan CCL uj CL �-- w w q Y O t7J r tY V) 'fits- g t G N 4I1 K W .rl. {! Z p ` 0 0, li W�J. WM2 w ? Q LU W . iFN-- n' 0- N O V VI W ¢vim 3 w 2 �pp C7 v- j E'er..... to 7 o z i �t rn a LLJ r; R U1 �jt w II1 O u EA t � K w G w m a •=- € ?� z' c. o Ln US } 57.0. Q.C? my On I U.U... to E tv ' s: .4S 4 S� Packet Page -4191- £' �# 5/14/2013 17.B. 24D *Friday, April 26, 2013 *,NAP L E S DAILY NEWS NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 14, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299. East Tamiami Trail, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of Pa County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: PUDZA- PL20120000650 An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2007 -46, as amended, the Wolf Creek Residential Planned Unit Development by increasing the permissible number of dwelling units from 671 to 754; by amending Ordinance Number 2004 -41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5' acres of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and by changing the zoning classification of an additional 16, acres from Palermo Cove PUD to Wolf Creek PUD; by revising the development standards; by adding Exhibit A -1, the amended Master Plan for Parcels 1A through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels 1A through 3A; by adding Table II, Development Standards for Parcels 1A through 3A; and by adding deviations and revising developer commitments. The subject property is located on the north. side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard (CR. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida consisting of 189` acres; providing for repeal of Ordinance Number 2007 -03, the Scenic Woods Rezone; and by pro%ndmg ,-an effective date. (Companion to PUDZA- PL20120000680: Palermo Cove PUD) A. Copy of; the proposed Ordinance is on ,file with the Clerk to the Board and- is available for inspection. All Interested parties are invited to attend;and be heard NOTE::, All persons wishing to speak on, any agenda' item must ,register .with ^.the County manager prior to presentation of. the agenda item -'to be addressed. Individual speakers. will be limited to 3 minutes, on any hem. -The selectioi .of._an . individual to speak on behalf of an organiiition or .group is encouraged..: if recognized by the Chairman, a, spokesperson fof a group W :organization may; be allotted 10 minutes to speak on an ,item. Persons wishing to have written or graphic materials included in the'Board agenda packets must submit said material 'a minimum of 3 weeks prior to .the, respective public hearing. In any case, written materials intended to be considered yb the Board shall be submitted to the appropriate County staff a minimum of seven days Epprior to the public hearing. All material used In presentations before the Board will ;a. permanent part of.the record. Any person who decides to appeal a decision °of the Board will need a record of the proceedings pertaining thereto and therefore, may need .to ensure that a verbatim record of the proceedings . is made, which record includes the testimony and evidence mpon which the appeal is based. if you are a person ,with a disability who needs" any accommodatwn .in order to participate.in this proceeding, you are entitled, at no cost to you, to. the provision of certain assistance. Please • contact the Collier County facilities . Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, 'FL, 34112 -5356, (239)252 -8380, at least two days prior to the meeting. Assisted . listening devices for the hearing impaired are ayailable in the Board of County Commissioners Office. ` BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, -FLORIDA " GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK. By: Ann lennejohn, Deputy Clerk .4 Aorll26.2013 Nn AQR77Q6 'L Packet Page -4192- ?00***N r*)