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Agenda 05/13/2013 Item #17CProposed Agenda Changes Board of County Commissioners Meeting May 14, 2013 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 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 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 Palermo Cove RPUD, PUDZA- PL20120000680, revising project development standards, adding deviations, adopting a new conceptual master plan, revising developer commitments and reducing 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 the repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former Palermo Cove RPUD; and by providing an effective date (Companion: PUDZA- PL20120000650) (Staff request due to letter of objection received) 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) Continue Item 16C2 to the May 28, 2013 BCC Meeting: Recommendation to authorize the purchase of a new Case 580N Backhoe from Trekker Tractor LLC, in the amount of $65,050.07, utilizing the Florida Sheriffs Association State Contract #12 -10 -0905. (Staff 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 Municipal Service Taxing Unit), to incorporate provisions to facilitate improvements to the Rich King Memorial Greenway within the MSTU boundaries. (Commissioner Henning's request) Proposed Agenda Changes Board of County Commissioners Meeting May 14, 2013 Page 2 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. (Staffs request) Move Item 17B to Item 9C: 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 5f 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 lA through 3A; by adding Exhibit "D", Private Road Cross - Section for Parcels lA 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 PUDZA- PL20120000680: Palermo Cove) (Staff request due to 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 911: 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 14131 to be heard at 1:00 p.m., immediately followed by Item 11C Item 11D to be heard at 3:00 p.m. 11�, 5/14/2013 17.C. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 0441, 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 115f acres; providing for the repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former Palermo Cove RPUD; and by providing an effective date. (Companion to PUDZA- PL20120000650: Wolf Creek 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 BCC to consider an application for an amendment to the existing PUD zoned project known as the Palermo Cove Planned Unit Development (PUD). The subject property is undeveloped. It was originally .rezoned from Agricultural to RPUD in Ordinance #05 -34 on June 28, 2005. That Ordinance allowed 524 residential units on 131 acres. The unit types were limited to attached and detached single - family villas. On June 6, 2006, Ordinance 06 -30 was approved to allow multi - family residential units and set forth property development regulations for that unit type. The project is approved at a 4 units per acre. The current amendment proposes to reduce that density to 2 units per acre. The proposed changes are summarized below (taken from the application material): • Reduce the project size by 16 acres from 131 acres to 115 acres; • Reduce dwelling units from 524 to 237 units; • Revise the property development regulations; • Add new deviations to accommodate the petitioner's desire to develop this site in conjunction with portions of the Wolf Creek PUD; Packet Page -4193- 5/14/2013 17.C. • Remove the allowance to develop multi - family units; the project is now proposed to consist of entirely single family units; • Increase the native vegetation preserve areas. Because this PUD has not been developed, the petitioner has prepared a new PUD document using the latest format, e.g., Exhibits A -F rather than sections. As noted above, the petitioner is seeking approval of seven deviations. These deviations are discussed in the CCPC staff report. FISCAL IWACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IlVRACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed -Use District, Urban Residential Subdistrict on /'IN 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 2 DU /A. Please refer to the staff report prepared for the CCPC for a complete analysis of GNP 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 Packet Page -4194- 5/14/2013 17.C. 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 Klein and seconded by Commissioner Homiak, the CCPC recommended forwarding this petition to the Board with a recommendation of approval subject to the following changes to the PUD document: 1) The petitioner shall revise the PUD Exhibit A, Permitted Principal Uses in the Residential Section to add "passive parks and architectural features such as park benches" as allowable use; and 2) The petitioner shall remove use B.3. from the PUD Exhibit A, Permitted Accessory Uses in the Residential Section; and 3) The petitioner shall add the limitation of "No restaurants shall be permitted" in the Recreation Section A. Principal Uses in the PUD Exhibit A; and 4) The petitioner shall move item A.2, "Community maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices," to the accessory use section in the Recreation Section in the PUD Exhibit A; and 5) The petitioner shall remove use B.3. from the PUD Exhibit A, Permitted Accessory Uses in the Residential Section; and 6) The petitioner shall add passive parks to the Development Standards for Guardhouses etc., and add provide property development regulations for guardhouses and gatehouses to the PUD document Exhibit A; and 7) The petitioner shall revise the PUD document Exhibit B Development Standards table 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 8) The petitioner shall revise the PUD document Exhibit E, Deviation 44 to indicate that no thru traffic signs will be provided for the cul -de -sac street; and 9) The petitioner shall revise the PUD document Exhibit E, Deviation #5 to indicate that 25% of the parking required for the amenity center will be provided for overflow parking; and 10) The petitioner shall revise the PUD document Exhibit E, Deviation #6 to remove the requested 80 square feet of sign space in lieu of the revised Deviation #8; and 11) The petitioner shall revise the PUD document Exhibit E, Deviation #7 to remove the requested 80 square feet of sign space; and Packet Page -4195- 5/14/2013 17.C. 12) The petitioner shall revise the PUD document Exhibit E, Deviation #7 to reflect language agreed upon at the CCPC regarding the signage for this project; and 13) The petitioner shall revise the PUD document Exhibit E, to add Deviation 48 to reflect language agreed upon at the CCPC regarding the signage for this project; and 14) The petitioner shall revise the PUD document Exhibit E -1, to show the three possible scenarios for the signage for this project; and 15) The petitioner shall revise the PUD document Exhibit E -2, to more clearly delineate the sidewalk locations; and 16) The petitioner shall revise the PUD document Exhibit F.2 Transportation, to add an "e" to Wolfe Road; and 17) The petitioner shall revise the PUD document Exhibit F.2 Transportation, to reflect the language agreed upon at the CCPC requiring Wolfe Road to be extended 1,500± prior to the issuance of the first Certificate of Occupancy; and 18) The petitioner shall revise the PUD document Exhibit F.4 Planning, to require the clubhouse construction to commence no later than the issuance of the 50th building permit and be completed within 24 months of the issuance of that building permit; and 19) The petitioner shall revise the PUD document Exhibit F.7 PUD Monitoring, to name the responsible entity. These revisions have been incorporated into the PUD document that is included in the draft ordinance. No correspondence in opposition to this petition has been submitted for the current proposal; no one spoke at the CCPC hearing voicing opposition to this project and the CCPC vote was unanimous. There was opposition raised to the companion petition, however that opposition was withdrawn. Therefore, this petition can be placed on the summary agenda along with the companion petition. 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 Palermo Cove 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 10—N Packet Page -4196- 5/14/2013 17.C. Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve ^ the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. . 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 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? Packet Page -4197- 5/14/2013 17.C. 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of 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? Packet Page -4198- 5/14/2013 W.C. The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board 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 -4199- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. 5/14/2013 17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. 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 the repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former Palermo Cove RPUD; and by providing an effective date. (Companion to PUDZA- PL20120000650: Wolf Creek PUD) Meeting Date: 5/14/2013 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 4/22/2013 11:21:12 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/23/2013 9:32:38 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/24/2013 10:27:26 AM Packet Page -4200- 5/14/2013 17.C. Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 4/25/2013 11:12:35 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/30/2013 8:49:35 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 5/6/2013 2:29:48 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/6/2013 3:34:05 PM Name: KlatzkowJeff Title: County Attorney Date: 5/6/2013 4:24:09 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/6/2013 5:08:29 PM Packet Page -4201- 5/14/2013 17.C. AGENDA ITEM y x Co[Lier 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- PL20120000680: PALERMO COVE PUD (COMPANION TO PL DZA- PL20120000650: WOLF CREEK 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 Naples, FL 34103 Owner: Raffia Holdings of Naples, LLC 13440 Parker Commons Blvd, Suite 103 Fort Myers, FL, 33912 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 Palermo 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 115± acres, is located on property located north of Wolfe Road and east 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 undeveloped. It was originally rezoned from Agricultural to RPUD in Ordinance #05 -34 on June 28, 2005. That ordinance allowed 524 residential units on 131 acres. The unit types were limited to attached and detached single - family villas. On June 6, 2006, Ordinance 06 -30 was approved to allow multi- family residential units and set forth property development regulations for that unit type. The project is approved at a 4 units per acre. The current amendment proposes to reduce that density to 2 units per acre. The proposed changes are summarized below (taken from the application material): • Reduce the project size by 16 acres from 131 acres to 115 acres; • Reduce dwelling units from 524 to 237 units; • Revise the property development regulations: • Add new deviations to accommodate the petitioner's desire to develop this site in conjunction with portions of the Wolf Creek PUD; • Remove the allowance to develop multi - family units; the project is now proposed to consist of entirely single family units; • Increase the native vegetation preserve areas. Because this PUD has not been developed, the petitioner has prepared a new PUD document using the latest format, e.g., Exhibits A -F rather than sections. As noted above, the petitioner is seeking approval of seven deviations. These deviations are discussed later in this report. SURROUNDING LAND USE AND ZONING: North: Indigo Lakes PUD, a developed residential project on 181± acre approved at a density of 2.43 units per acre in Ordinance #01 -53, with single - family home sites bordering the subject site. East: Summit Lakes PUD, a developing residential 98± acre PUD zoned project approved at a density of 4.0 units per acre in Ordinance #04 -49. South: Wolf Creek PUD, the subject of the companion PUD amendment petition; Island Walk DRI/PUD, a developed project on 705 acres approved in Ordinances # 97 -6 and #98 -58 at a density of 3.0 units per acre with a 10 acre town center area; and Sonoma Oaks MPUD, approved in Ordinance # 10 -48 to allow 120,000 square feet of commercial development and senior housing units at 0.6 FAR. 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 ten acres of commercial uses. PUDZA- PL20120000680: PALERMO COVE PUD Page 2 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4206- 5/14/2013 17.C. Aerial Photo (the subject site, shown in yellow, 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 2 DU /A. Other relevant GMP Policies are provided below in italics, with stalf s comments following in regular type. PUDZA- PL20120000680: PALERMO COVE PUD Page 3 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4207- 5/14/2013 17.C. 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 project has been provided via Wolfe Road, onto Collier Boulevard, and via [proposed] Pristine Drive, onto Vanderbilt Beach Road. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. Internal access has been provided onto and [by cross - access] through the neighboring Carolina Village mixed -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, Wolfe Creek PUD 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. 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, Palermo Cove and Wolf Creek provide a blend of densities from two to four residential units per acre. The PUD includes civic, or "amenity" uses for the community's residents — including clubhouses, tennis clubs, health spas, and accessory uses. 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 1,000 square feet to 1,500 square feet. 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. PUDZA- PL20120000680: PALERMO COVE PUD Page 4 of 18 n March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4208- 5/14/2013 17.C. 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 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 is 12.65 acres; 30.7 is being provided. This exceeds the GNP 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 n 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 Palermo Cove PUD required preserve area is 14.2 acres, the minimum required preserve area is 12.65± acres for the reduced project area. The Palermo Cove PUD will provide approximately 30.7± acres of preserve as shown on the PUD Master Plan. A total of 1.55± acres will be removed from Palermo Cove RPUD and added to Wolf Creek PUD. 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. ^ PUDZA- PI 20120000680: PALERMO COVE PUD Page 5 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4209- 5/14/2013 17.C. 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 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 is reducing the number of units from 524 units (at a density of 4 units per acre [upa]) and the possibility of a single - family attached, single - family detached or a multi- family development, to a maximum of 237 units (at a density of 2 upa) and removal of the allowance to build multi - family units. The surrounding developed area, north and west, are developed with single- family homes (Island Walk at 3 upa and Indigo Lakes at 2.43 upa). The proposed property development regulations would provide larger lot development in buildings that would not exceed an actual height of 45 feet.' . Since no increase in density is proposed, staff believes this amendment is consistent with FLUE Policy 5.4 that requires new land uses to be compatible with the surrounding area. Deviation Discussion: The petitioner is seeking approval of seven deviations from the requirements of the LDC. The deviations are listed in the PUD document in Exhibit D. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or 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 ... . PUDZA- PL20120000680: PALERMO COVE PUD Page 6 of 18 March 21, 2013 CCPC Revised: 3/4113 Packet Page -4210- 5/14/2013 17.C. �.� Deviation 1 seeks relief from Section 4.06.02 of the LDC, 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. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved, 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 Creek PUD 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; findine 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 pumoses to a dep-ree at least equivalent to literal application of such regulations." Deviation 2 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. See Exhibit E -2, Alternative Pathways Plan, 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. 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. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved with the limitation provided in the rationale for the Wolf Creek RPUD, i.e., "Dual t� PUDZA- PL20120000680: PALERMO COVE PUD Page 7 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4211- 5/14/2013 17.C. sidewalks will be provided along the private primary loop road within the community and public roadways." The applicant has provided Exhibit E -2 showing an Alternative Pathways Plan, that has been approve by Transportation Planning staff. Zoning and Land Development Review staff recommends APPROVAL of this deviation in compliance with Exhibit E -2 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 3 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 road. See Exhibit C -1, Private Road Cross - section, of the PUD Exhibits. 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 in a gated community. A cross - section of the proposed internal private road is provided. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. 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; and Parklands PUD (PUDA- PL20110001551) to mention a few. Zoning and Land Development Review staff recommends APPROVAL of this deviation subject to compliance with Exhibit C -1 Private Road Cross - section finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deviation 4 seeks relief from LDC Section 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 1,400 feet in length with appropriate signage. Petitioner's Rationale: The applicant states in his justification for this deviation the following: 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. PUDZA- PL20120000680: PALERMO COVE PUD Page 8 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4212- 5/14/2013 17.C. 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. Zonina 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 10.02.133.51, the petitioner has demonstrated that the deviation is "iustified as meeting Dublic Durooses to a dearee at least eauivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 4.05, which requires parking for accessory recreational facilities to be provided at 50% of the normal LDC parking requirements when dwelling units are located greater than 300' from the recreational facility, to permit parking for all accessory recreational facilities located in the amenity area as depicted on the Master Plan to be based on square footage rather than individual components at a calculation of one space per 200 square feet of building area. 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 dwelling units proposed, the limited size of the amenity tract, and its central location within the community. This is a gated, non -golf course PUD and the Developer is limiting use of the facility to residents (and guests) of the Palermo Cove PUD, the 163 dwelling units the Developer controls in the adjoining Wolf Creek PUD. The overall PUD has been designed with a pedestrian pathways plan which provides easy walking access to the amenity center for residents, and the Developer will provide bicycle parking on -site in order to provide alternatives to automobile use. Further, the Developer is proposing only single-family dwelling unit types within the PUD, and it is anticipated that at least 30% of the dwelling units will have an individual swimming pool. The Developer has been involved innumerous master planned communities in southwest Florida and has utilized the proposed parking standard in other communities without issue. The developer is confident that providing parking at the proposed ratio will not result in a shortage of available parking for residents and guests of the community, nor will it create any public safety issues. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It has been approved in numerous other PUD zoned projects such as those listed above. Zoning and Land Development Review staff recommends APPROVAL of this deviation, fording that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the n PUDZA- PL20120000680. PALERMO COVE PUD Page 9 of 18 March 21, 2013 CCPC Revised: 3!4/13 Packet Page -4213- 5/14/2013 17.C. element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 6 seeks relief from LDC Section 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. This deviation shall only be permitted in the event Deviation #7 is not utilized. Petitioner's Rationale. The petitioner provided the following justification for this deviation: 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 Palermo Cove 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 Terafma 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. Zoning and Land Development Review staff recommends DENIAL of this deviation, finding that the deviation is not necessary. Deviation 7 seeks relief From LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, which allows two ground signs at each residential entrance, to permit either one sign to be located on the north east corner of the property facing Collier Boulevard and one sign to be located at the intersection of Wolf Road as depicted on Exhibit E -1, or to permit a single monument V- shaped sign on the north side of Wolfe Road, and to permit a maximum sign/wall height of 10' above the grade of Collier Boulevard, with a maximum sign area not to exceed 80 square feet, as conceptually depicted in Exhibits E -3 and E-4. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The deviation is warranted due to the project's location on the north side of Wolfe Road, adjacent to the 6 -lane segment of Collier Boulevard, and the presence of a Collier County drainage easement encumbering a portion of the project at the Wolfe Road intersection. Wolfe Road is the primary access to the Palermo Cove PUD and given the location on the PUDZA- PL20120000680: PALERMO COVE PUD Page 10 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4214- 5/14/2013 17.C. north side of Wolfe Road, there is no current opportunity to install signage on the south side of Wolfe Road to identify the project for motorists. The area north of Wo fe Road has been developed with Wolfe Road as a signalized intersection which will provide the primary access to the Palermo Cove RPUD. The Developer desires to create a signature entry feature that incorporates project signage for the project. The 80 square feet sign proposed allows the sign to be at an appropriate scale for the entry feature and allows appropriate signage for a large intersection and it addresses the setback from the intersection. The sign will be embellished with decorative wall treatments and landscaping. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It has been approved in other PUD zoned projects. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that approval is limited to what is depicted in Exhibits E -3 and #4 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 pumoses to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non - italicized font] : PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff s responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be PUDZA- PL20120000680: PALERMO COVE PUD Page 11 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4215- 5/14/2013 17.C. 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. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUDZA- PL20120000680: PALERMO COVE PUD Page 12 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4216- 5/14/2013 17.C. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of seven deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. 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). 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. PUDZA- PL20120000680: PALERMO COVE PUD Page 13 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4217- 5/14/2013 17.C. 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 GMP 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 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. PUDZA- PL20120000680: PALERMO COVE PUD Page 14 of 18 ^ March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4218- 5/14/2013 17.C. 11. Whether the proposed change will be a deterrent to the improvement or development of A10"I'll 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 petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. n 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. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and n PUDZA- PL20120000680: PALERMO COVE PUD Page 15 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4219- 5/14/2013 17.C. 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 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. PUDZA- PL20120000680: PALERMO COVE PUD Page 16 of 18 n March 21, 2013 CCPC Revised: 314113 Packet Page -4220- 5/14/2013 17.C. 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- PL20120000680 to the BCC with a recommendation of approval subject to the following stipulations: 1. Approve Deviation #1 subject to the following limitations: 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 42 subject to compliance with Exhibit E -2. 3. Approve Deviation #3 subject to compliance with Exhibit C -1, Private Road Cross - section. n . 4. Approve Deviation #4 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. n PUDZA- PL20120000680: PALERMO COVE PUD Page 17 of 18 March 21, 2013 CCPC Revised: 3/4/13 Packet Page -4221- PREPARED BY: KA D SELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: Lz3e//.0:1 1p — RAYM D V. BELLOWS, ZONING MANAGER DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, INTERIM DIRECTOR DEPARTMENT OF PLANNING AND ZONING APPROVED BY: NICK A AL UIDA, ADMINISTRATOR GROWTH MANAGEMENT DIVISION .2�4)5//,3 ATE �?--P-�-/3 DATE . - alf - 13 DATE ✓ 11 Tentatively scheduled for the May 14, 2013 Board of County Commissioners Meeting PUDZA- PL20120000680: PALERMO COVE PUD March 21, 2013 CCPC Revised: 2125/13 Packet Page -4222- 5/14/2013 17.C. Page 18 of 18 1.1 5/14/2013 17.C. Palermo Cove RPUD Amendment Description of Why Amendment is Necessary The proposed amendment to the Palermo Cove RPUD is being requested in order to reduce the size of the property by approximately 16± acres reducing the size of the PUD from 131± acres to 115± acres. The property is located within Urban Designation, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. The amendment proposes to establish a revised development plan reflective of the desires for the current property owner. The revised PUD reduces the project area by 15.77± acres to 115.23± acres, and reduces the overall permitted number of residential dwelling units from 524 units to a maximum of 237 units. Development standards and deviations have been requested in order to effect the proposed Master Plan, which will have a common development scheme with approximately 69.69± acres of property located in the adjacent Wolf Creek RPUD, which is being amended in a companion PUD amendment. The Wolf Creek PUD and Palermo Cove PUD are proposing companion amendments in order to permit a single developer to construct single family homes within the Palermo Cove PUD and a portion of the Wolf Creek PUD. The developer has prepared a development plan for the combined properties, and 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 n 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 required preserve area is 14.2± acres, the minimum required preserve area is 12.65± acres for the reduced project area. The Palermo Cove PUD will provide approximately 30.7± acres of preserve, consistent with the approved SFWMD permit. A total of 1.55± acres will be removed from Palermo Cove RPUD and added to Wolf Creek PUD Description of Why Amendment is Necessary (rev2).doc Packet Page -4223- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION "r. 5/14/201317. C. CO NT COUnty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PRE-APPLICATION MEETING DOTES ❑ PUD Rezone.(PUDZ) PUD to PUD Rezone (PUDZ -A) ❑ PUD Amendment (PUDA) PL# 'PQtA-?La013oom -oGSQ Date: q �_3 Time: 3.3o Firm: Q & I V) % Projed Name: 01 12-ryYl(D c6up _ Size of Project Site: 1 acres Applicant Name: L as j , r1) Phone: 9q7- U `fit Owner Name: Phone: Owner Address: City State ZIP Existing PUD Name and Number Rq IQ.- lft COVE— (SUE— QP_D _* D5-34 � OL -30 Assigned Planner !\ V_ 02- L2,W Meeting Attendees: (attach Sign -In sheet) Meeting �4otes /y L" I4' 4 - /� 6 r "71 (1: rc C 4- r3 11 wr_: 7n4 4 Packet Page -4224- v Le S 1011, CO&4 Z-r County 5/14/2013 17.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.ne SCHOOL GO.NCURRENCY-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 SUMMITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT STANDARD REQ -REQUIRE 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 Revised -uoncep teat cite clan �z.4"x.'jf�3"-an-a"-u'n66,/2 X11 copy I Li Original PUD document affd Nfastel pl=2421-, -ONa7Y-ff Revised PUD document with changes crossed diru & underlined Revised PUD document w/amended Title page word #'s, LDC 10.02.13.A.2 Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 List identitdng Owner & all parties of corporation 2 V1_ Owner/Affidavit signed & notarized 2 V-11 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental ! Lia2act Statement (EIS) * or exemption justification 2 Digital/electronic copy of EIS (copy for Planner & Environmental) 2 Historical Survey or waiver request 4 Utility Provisions Statement-w� 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver (with a pplicable fees) 7 A Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and proj ect boundary 5 11 1NIP I?nl I Packet Page -4225- 5/14/2013 17.C. Co e� County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.col liergov.net Electronic -copy of- all - documents -ice Word for-mat and- plan-s- (GDR-em or Diskette) 2 Justification/Rationale for the Deviations (must be on a separate sheet within the application material; DO NOT include it in the PUD documents) Copies of Official Interpretations and/or Zoning Verifications .' - School Impact Analysis Application residential com onents 2 ' 1 set for School District (residential components) ❑ Affordable Housing or:Economic Development Council Projects EDC "Fast Track" must submit approved copy of official application 2 ❑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 contacting the Collier County Housing and Human Services Department at 39- 252 -2273. ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. A greement 4 n Deltona n Lely Barefoot Beach ❑ Port of the Islands Interlocal Route package to: ' The Conservancy, Attn: Nichole Ryan. 1450 Menihue Dr., Naples, FL 34102 �� If located in RFMU (Rural Fringe Mixed Use ) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. t If located within 1/z mile of Cily of Naples send copy of submittal package to: bin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 If IMP 9ni 1 Packet Page -4226- -� 5/14/2013 17.C. CUB'` 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 PZANIVEVC14ECK -M-A M- BELOW-FOR A- DD1TIONAtikEVtEWS. SCHOOL DISTRICT (residential PARKS & REC — VICKY AHMAD com onents) Am Ta for N/� SUPERVISOR OF ELECTIONS %J ; IMMOKALEE WATER/SEWER DISTRICT jt DRIEM1— EMER.MGMT —Dan UTILITIES ENGINEERING: PAULO Summers ,- v MARTINS BAYSHORE /GATEWAY TRIANGLE %u/t CITY OF NAPLES, Robin Singer, �J , l Plannin Director , REDEVELOPMENT Executive Director /tifi} CONSERVANCY, Nichole Ryan _FIRE REVIEW: RICCO LONGO EMS — ARTIE BAY ENGINEERING: JACK MCKENNA TRANS. PATHWAYS: ALISON OMP PLANNING: (SEE SIGN -IN V BRADFORD SHEET FROM PRE -APP MEETING ENVIRONMENTAL: SEE SIGN -IN SHEET FROM PRE -APP MEETING Fees Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) Fire Code Review -New PUD Rezone $150, PUD to PUD Rezo $125 PUD Amendment $125 ® $2,250.00 Comprehensive Planning Consistency Review ® $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ 500. $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportatiou Fees fer to Exhibit A): ❑ $500.00 Methodology Review Feel q ' *Additional Fees to be determined at Methodology Meeting. Fee Total $ .IIINF 2011 Packet Page -4227- 5/14/2013 17.C. � 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 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 10.03.05.6.8. 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 1 L L___ aL_ Allil seven (7) days prior to, but no sooner Man rive (o) days berore, me Ivlrv+. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or aeveloper lspeary numc; ul 11:> =AP-1 c - 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. .Il INF 2011 Packet Page -4228- A*—% -�- -� 5/14/2013 W.C. Packet Page -4229- O N O FD a X U O t7 0 co N O .U5 N N Q a Cp a, W � N C W J IDI \ Z N L - \ W W � m o d' m C7- �J LU a o CW Q N •� W Jn N a• C6 �1 L LL to (D _ o S. k - _ W W j to V S Ol N U N N ` w M l Z ' j Z LLI O F CL Z A ,Sb aL Z Z Ln Packet Page -4229- O N O FD a X U O t7 0 co N O .U5 N N Q a Cp a, Mar. 2b. 2012 12:37PM COLLIER COUNTY GOVERNIMEW GROWTH MAbIAOM M DIVISTOXf P4ANNING AKD REGULATION No. 0752 1 5/14/2013 17.C. 2804 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 MW I`AXX (239) 2526724 WWV1t.0 WF -PtGO Please complete the following and fax to the Operations DepanXnent at 238- 252 -6724 or tubmlt is pwraon to the Addressing Department at the above address. Form must be ;jggned Wy Adftgsing o ne(_odor to Pret eppliC:aOon Meatnlq please SHow 3 days #or oroce, messing. Not all items will apply to every project- Items in bold type are re-quire4. POLIO NUMBERS MUST BE PROVIDED. Eoms older than 6 rnantris %pill require addibonal review and approval by the Addressing Department. Pf-:T=N TYPE (Indicate type belaw, complete a separate ,Addressing CheriMd for each Petftn Wv) ❑ BL (Blasting Perrtut) ❑ BD (Boat Dock Extension) ❑ Camlval/Cfnxs Permit ❑ CU (Cvndrtumtal Use) gEXP (Excavation Permit) FP (Final Plat ❑ LLA (Lat Line Adjustment) PNC (Project Name Change) FFPL (Plans & Plat Review) ❑ PSP (Preliminery Subdivision Plat) ❑ PUD Rezone ❑ RZ (standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SOP Amendmont) ❑ SDPI (Insubstantial Changa to SDP) ❑ SIP (Site Improuernent Plan) ❑ ss Onsubstantiet Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street blame Change— UnPla#tad) [] TOR (Tranger of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation RenwAl Permit) ❑ VRSFP (VagetaEion Removal & S& Fig Permit) Q OTHER Pun Amwxknent _ Li"GAL PESCRIPTION of sutsject property or properties (oopy of lengthy ds='fptton may be aQtaoned) Palermo Cove PUD and Wolf Creek PUD - see attached legals FCUO (Property ID) NUMBER(s) of above (attach to, Or 8090date with, legal desraipfion if mare than one) See attached Ist STREET ADDRESS or ADDRESSES (as applicable If alreadll assionedl - 4525 WOLFE RD, 4295 WOLFE RD, and 4170WOLFE RD _ i LOCATION 1tIlAP must be attadied shovdn9 exact lacatron of projectJsas in retattan to neansst public road fight- op" t SURVEY (copy - needed only for unpWled propetties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (Il ap0mble) StTE DEVELOP MENITPLAN NUM RPRR (for exbOngprqje W-kiies only) SDP - or AR or PL # Packet Page -4230- Mar, 26. 2012 12: 38PM COLDER COUNTY GOVERNMEW GROWrrH MAKAGEiMENT DIVISION/ PLANNING AND REGULATION No. 6752 1 5/14/2013 17.C. =0 NOR114 HGR80140E DRIVF- MAPLES, FLORIDA 34144 {�?.R399) 2J5�22 -{l 2 00 FAMX{/�(�23399) 252 -M4 Project or developmosnt names proposed for, or already appearing in, condominium dOCUrnenis (IF application; indicate whether proposed or mdsfing) Palermo Cove PUD and Wolf Creek PUD Please Check One: §4 Checklist is to be Fared track [I Personally Picked Up APPLICANT NAME: Q. Grady Minor and Associates, PA (aitn: Sharon Umpenhour) PHDNE 239.9471144 FAX 239.947.0375 Signature on Addressing Checklist does not con- stitute Project andfor Street Name approval and is subject iD further review by the Operations Deparimant. FOR STAFF USE ONLY FLNblumber(Prima►y) f5C� _E f RCXAF7T Folio Number Folio Number Approved b Nfe: 3 . Updated byf Date: IF OLDER THAN 8 MONTHS, FORM MUST BE UPDATED OR NEW FORM ,9UBMITTEn Packet Page -4231- Mar.24. 201212:38PM No-0752 5/14/201317.C. PL- 2012 -0650 (PUDA) & PL-2012 -0680 Palermo Cove PUD and Wolf Creek PUD Amendments ED In (PMpe-fty-ID-NumberW---- Folio Number: 00203860000 f Name: RAFFIA HOLDINGS OF NAPLES LLC Sbr+ & Name: NO SITE ADDRESS FaSo Ntnnher: 00203440001 -, Name: RAFFIA HOLDINGS OF NAPLES LLC 8'tnmf# & Name: NO SFMADDHESS Folio Number: 00203480003 " Nwnu; RAFFIA HOLDINGS OF NAPLES LLG Suepta & Nance: NO SITE ADDRESS Folim Number, 0(1203720006 / Name: RAFFIA HOLDINGS OF NAPLES LLC St wO & Xame. NO SITE ADDRESS Fopo Number: 00203780006 `✓ Name RAFFIA HOLDINGS OF NAP= LL.(,' St=4 & Name: NO SITE A.DOPES6 Fo0o, Number. 40203800007 i Name: WOLF CREEK NAPLES HOLDINGS LLC Strwuf# & Nane: 425 WOLFS RO Folio Number: 00204000000 I/ Tame: RAFFIA HOLDINGS OF NAPLES LLC Stmetg &. Name: NO SrM ADDRESS r Follo Number. 40204380008 Na w: WOLF CREEK NAPLES HOU)INCS LLE Streets & Nam r NO SIFE ADDRESS Flo Number: D020340o009.< Nxne: RAFFIA HOLDINGS OF NAPLES LLC Strata & Rama: 4295 WG1LFE RD PoUn bh=bar• 00203=00 �C Haines" RAFFIA HOLDINGS OF NAPLES LLC Std & Name: NO SrM ADDRESS Entire Ntanber: 00203600003 Kama: WOLF CREEK NAPLES HOLP1NGS LLC Straw & Name~: NO SITE ADDRESS F000 Number: 00204720005 Harm. WOLF CREEK NAPLES HOI.D[NGS LLC Street# & Name-. 4170 WOLFE PZ RnLA I� t l' - � 04 rjI ooaoq -7,So 4o i oa LAS© 100 c o q-773O'zzol0 9 O� Packet Page -4232- C T: ooh 5/14/2013 17.C. Co e'r Gmnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net APPLICATION FOR, PUBLIC HEARING FOR: ,AMENDMENT TO PUD (PUDiA) [] PUD REZONE (PUDZ) Q 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 NAME nc AGENT Q. Grady Minor and Associates, P.A. ADDRESS 3800 Via Del Rey TELEPHONE # 239.947.1144 CELL # E -MAIL ADDRESS: warnold @gradyminor.com CITY Bonita Springs STATE FL ZIP 34134 FAX # 239.498.8617 CITY Bonita Springs STATE FL ZIP 34134 FAX # 239.947.0375 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 -4233- 5/14/2013 17.C. Palermo Cove RPUD Amendment Applicant Information NAME OF AGENT Richard D. Yovanovich, Esq. ADDRESS Coleman, Yovanovich and Koester, P.A., Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 CITY Naples STATE Florida ZIP 34103 TELEPHONE # 239.435.3535 CELL # E -MAIL ADDRESS: ryovanovich(a_)cyklawfirm.com Packet Page -4234- FAX # 239.435.1218 Page 1 of 1 5/14/2013 17.C. Co er c my 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.colliergov .net /index.aspx ?page =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, Houywood STATE FL NAME OF HOMEOWNER ASSOCIATION: Island Walk Homeowners Association Inc. MAILING ADDRESS C/O SW Property Management, 1044 Castello Drive CITY #206, Naples STATE FL NAME OF HOMEOWNER ASSOCIATION: Indigo Lakes Master Association Inc MAILING ADDRESS C/O SW Property Management, 1044 Castello Drive CITY #206, Naples STATE FL NAME OF HOMEOWNER ASSOCIATION: Summit Place Community Association Inc. MAILING ADDRESS 3358 Woods Edge Circle, Suite 102 CITY Bonita Springs STATE FL Packet Page -4235- ZIP 33021 ZIP 34103 ZIP 34103 ZIP 34134 February 4, 2011 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.C. co & County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collier- ov.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). b. C. Name and Address % of Ownership 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 Raffia Holdings of Naples LLC 100% r ICQsG JCC CAI UUIL 1 auald ICU 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 Packet Page -4236- February 4, 2011 5/14/2013 17.C. Palermo Cove PUD Amendment Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Raffia Holdings of Naples LLC 13440 Parker Commons Boulevard, Suite 103, Fort Myers, FL 33912 Officers /Stockholders Percentage of Stock Ca-�er se-5i -4 Mauricio Cayon, Manager 3857 W 16 Avenue Hialeah, FL 33012 Martin Caparros Jr., Manager 16400 NW 59 Avenue Miami Lakes, FL 33014 Robert S. Barber, Manager 13440 Parker Commons Blvd #103 Fort Myers, FL 33912 r , hA - C_ k--'N 33113 y Packet Page -4237- Page 1 of 1 5/14/2013 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, fist 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 -4238- 5/14/2013 17.C. Wolf Creek PUD Amendment Exhibit 2 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation u WCI Communities, Inc. 24301 Walden Center Drive, Bonita Springs, FL 34134 Officers Percentage of Stock 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 Monarch 675,464 38.75% 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 6,1D5 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 -4239- 5/14/2013 17.C. C;0 *6.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.collieroov.net g. Date subject property acquired ® 08/2011 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 5/1512013 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 - appiicafion meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range Lot: Block: Subdivision: 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 131 Address /general location of subject Property: PUD District (LDC 2.03.06): 0 Residential ❑ Community Facilities ❑ Commercial ❑ Industrial February 4, 2011 Packet Page -4240- Palermo Cove PUD Amendment Exhibit 3 Folio Numbers: 00203720006 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203760008 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203360000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203440001 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203480003 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00204000000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS r_r_ wium"B.. -. nn411M."nnnn ruuu rvumue�: uucuriuuvuU Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: 4295 WOLFE RD Folio Numbers: 00203920000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Property ID Numbers Packet Page -4241- 5/14/2013 17.C. Page 1 of 1 Palermo Cove RPUD Exhibit 4 Legal Description LEGAL DESCRIPTION FOR PARCEL "A" 5/14/2013 17.C. PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 °51'50 "W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89 °51'50 "W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 °15'21 "W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.89 °5242 "E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.02 °15'10 "E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE CAItI rurswrJCACT 11A C QD °C7'19Z"C A rYICTAAIrC nG 1777 M CCl T Tr) A DnI KIT TWP CA In 1A /FCT Rlr-WT- Jh11U 14V1 \II ILMJI 1/'t, J.UJ JL 1V L., P V"I mlvV L VI 1LLL.V1 1 LL 1, IV P 1 V11VI II1L al l" VV LJI 1 %6V111 OF -WAY; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, S.02 °14'59 "E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 °51'50 "W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 °15'21 "W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID Page 1 of 2 Packet Page -4242- 5/14/2013 17.C. Palermo Cove RPUD Exhibit 4 Legal Description NORTHEAST 1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34, N.89 °52'05 "W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDWALK PHASE FIVE "A ", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02 °13'33 "W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C -3" OF SAID INDIGO PRESERVE, S.89 °52'34 "E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C -3 "; THENCE ALONG THE EAST LINE OF SAID TRACT "C -3 ", N.02 °13'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER OF TRACT "C -4" OF SAID INDIGO PRESERVE; THENCE ALONG THE SOUTH LINE OF SAID TRACT "C -4 ", S.89 °52'39 "E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-4 "; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C -4" AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02 °15'21 "E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. Page 2 of 2 Packet Page -4243- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.C. Coo .r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.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 34 148 Lot: Block: Subdivision: Wolf Creek PUD Plat Book Page #: Property I.D. #: 204360009,20300007. 203600003.204720005 /26 Metes & Bounds Description: 0C7^MC D=^I ICCT This application is requesting a rezone from the RPUD zoning district(s). Present Use of the Property: Undeveloped zoning distrid(s) to the RPUD Proposed Use (or range of uses) of the property: Single Family Residential Original PUD Name: Palermo Cove RPUD Ordinance No.: 2006 -30 February 4, 2011 Packet Page -4244- Zoning Land Use N PUD Residential, Golden Gate Fire District Station S PUD, A Undeveloped and Comcast tower E PUD Residential 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 34 148 Lot: Block: Subdivision: Wolf Creek PUD Plat Book Page #: Property I.D. #: 204360009,20300007. 203600003.204720005 /26 Metes & Bounds Description: 0C7^MC D=^I ICCT This application is requesting a rezone from the RPUD zoning district(s). Present Use of the Property: Undeveloped zoning distrid(s) to the RPUD Proposed Use (or range of uses) of the property: Single Family Residential Original PUD Name: Palermo Cove RPUD Ordinance No.: 2006 -30 February 4, 2011 Packet Page -4244- 5/14/2013 17.C. Co er Count 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 B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 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 management pion. (This is to inciude idenfifying what Sub - district, poi "icy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) Please see attached Exhibit 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 -4245- 5/14/2013 17.C. Palermo Cove 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 amendment proposes to reduce the size of the PUD from 131± acres 115± acres and reduce the permitted number of dwelling units from 524 to 237. 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. The Palermo Cove RPUD is located in the urban area of Collier County and has available public infrastructure to serve the project. 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 .�.t..a: ..9 aL:.. a.. ..L�11 {... ..J.. ..1. ..ia.. .la..a: .:aL. aL.. ...a.. �aa.. recut fllltermatioris al LIIIJ type shall UC made olily dILCr corls4lta Llorl WIL11 LIIC coLlll y dLLUrlley. The applicant is under contract for all of the land within the Palermo Cove RPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub- district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub- district, policy or other provision.) The Palermo Cove 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 maximum base density is 4 dwelling units per acres. The proposed PUD has a density of 2.05 dwelling units per acre which is within the density limits of the growth management plan. 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 uses are attached and detached single family uses which are compatible with existing and proposed residential uses adjacent to the project. Page 1 of 2 Packet Page -4246- 5/14/2013 17.C. Palermo Cove RPUD Exhibit 5 Evaluation Criteria S. The adequacy of usable open space areas in existence and as proposed to serve the development. The Palermo Cove RPUD master plan identifies preserves, recreational amenity area, lakes and buffers which will be used for open space. The project will meet or exceed open space requirements 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 project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Palermo Cove RPUD is an existing PUD which is surrounded by zoned and developed land. The PUD boundary will not be expanded, but has been reduced to effect a common development plan with the adjacent 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 Pur'JV -Ses to a Yeslee at least egUivalellt tU Ilteral app"IcatlV11 of JMlf reSUIdLIV11J. The PUD amendment proposes deviations from standard LDC provisions which are necessary in order to permit development consistent with the Conceptual Master Plan and develop on commonly owned land located in the adjacent Wolf Creek PUD. Page 2 of 2 Packet Page -4247- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/14/2013 17.C. GO 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 subiect property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ❑■ No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes Q No If so, please provide copies. NOTICE: This application will be considered `open" when the determination of "sufficiency" has been Made- and she appncanon is assigned a pennon processing number. i ne apptIcanon wits De 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 -4248- 5/14/2013 17.C. Co r county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUDAMENDMENT (PUDA) - PUD REZONE (PUDZ) - PUD fo'PUD REZONE::(PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTArUrn Tn eeru eerrinru hInTC. ILIA-num ere eIIAADT rA. a —... REQUIREMENTS #` OF COPIES REQUIRED NOT REQUIRE 1 Addifional set if located in fhe Bayshore /Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary El X 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) ❑ X❑ ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 1/2" x 1 1 " cop ❑ ❑ )( Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 1 I" copy ❑ Q Original PUD doc ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD ❑ X ❑ Revised PUD application with changes crossed thru & underlined Q ❑ Revised PUD application w amended Title page w ord Ws, LDC 10.02.13.A.2 E ❑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) ❑ ❑ Goptesaf the following si, Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 Q ❑ List identifying Owner & all parties of corporation 2 ❑ Owner /Affidavit signed & notarized 2 O ❑ Covenant of Unified Control 2 ❑ Completed Addressing checklist 2 ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 ❑ Historical Survey or waiver request 4 ❑ Utility Provisions Statement w /sketches 4 ❑ Architectural rendering of proposed structures 4 E] ❑ Survey, signed & sealed 4 ❑ Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to h : / /www.coUier ov.netlIndex.as x? a =566 7 © ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' g Q ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 0 ❑ Copy of Official Interpretation and /or Zoning Verification 1 ❑ School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) 2 ❑ 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. February 4, 2011 Packet Page -4249- m 5/14/2013 17.C. ORDINANCE NO. 06-.30 gg 4s' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH 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 TO AMEND THE PALERMO COVE RPUD. THE PROPOSED CHANGE TO THE RPUD, ADDS MULTI- FAMILY DWELLING UNITS AS A PERMITTED USE. TABLE 1 IN THE RESIDENTIAL SECTION OF THE RPUD DOCUMENT HAS BEEN REVISED TO REFLECT APPROPRIATE DEVELOPMENT STANDARDS FOR THE MULTI- FAMILY DWELLING UNITS, FOR PROPERTY LOCATED NORTH OF WOLFE ROAD, EAST OF COUNTY ROAD 951, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 131 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 05 -34, THE FORMER PALERMO COVE RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q Grady Minor, representing the Elias Brothers Communities at Raffia Preserve Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property known as petition PUDZ- A -2005- AR -8918. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "RPUD" to "RPUD" Residential Planned Unit Development in accordance with the RPUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 05 -34, known as the Palermo Cove RPUD, adopted on June 28, 2005, by the Board of County Commissioners of Collier County, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Palermo Cove RPUD Document attached hereto, as Exhibit "A ". All other provisions of Ordinance Number 05 -34 shall remain in full force and effect. Words ugh are deleted; words underlined are added. Page I of 2 Packet Page -4250- 5/14/2013 17.C. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this io day of c.J U n f— , 2006. ATTEST: . DWIGHT E, BROCK CLERK By Attest- as.• 7>'1VJff kS slratwe only. Approve as to form and legal sufficiency Marjori M. Student - Stirling Assistant County Attorney PUDZ -A- 2005- AR- 8918/MJ Dhp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN This ordinance filed with the ry of,,J�ttaate's Office the 4— day of�lidt9L, ,,cum —, and aeknowledgem�nt o4 that film received thisQ�rd day; of By wy Words seuek4hmH9h are deleted; words underlined are added. Page 2 of 2 Packet Page -4251- 5/14/2013 17.0 PALERMO COVE RPUD A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PALERMO COVE RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE, INC. 15100 COLLIER BOULEVARD NAPLES, FLORIDA 34119 PREPARED BY: Q. GRADY MINOR AND ASSOCIATES 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 GOODLETTE, COLEMAN AND JOHNSON 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 DATE REVIEWED BY CCPC 4/7/05 DATE APPROVED BY BCC 6/06/2006 ORDINANCE NUMBER 2006 -30 AMENDMENTS AND REPEAL 2004 -41 Exhibit "A" Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) Packet Page -4252- TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Property Ownership and Description Section II Project Development Requirements Table I Section III Residential Development Standards Table II Section IV Recreation Area Section V Preserve Area Section VI Development Commitments Palermo Cove RPUD (Ainend)(BCC 6 -6-06 strike thru) Packet Page -4253- i ii I -1 II -1 II -2 III -1 III -3 TV -1 V -1 VI -1 5/14/2013 17.C. 5/14/2013 17.C. LIST OF EXHIBITS, TABLES, AND APPENDICES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "C" VICINITY MAP TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS TABLE III MEDIAN INCOME 2005 APPENDIX "A" TYPICAL CROSS SECTIONS APPENDIX `B" CONCEPTUAL WATER MANAGEMENT PLAN Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike thru) Packet Page -4254- i 5/14/2013 17.C. STATEMENT OF COMPLIANCE The development of approximately 131 acres of property in Collier County, Florida as a Residential Planned Unit Development (RPUD) to be known as the Palermo Cove RPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential and recreational facilities of Palermo Cove RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GNP for the following reasons. 1. The subject property for development is within the Urban (Urban Mixed -Use District, Urban Residential Sub - district) as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential development located within the Urban (Urban Mixed -Use District, Urban Residential Sub - district), as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a base density of four (4) dwelling units per gross acre. The proposed density of Palermo Cove RPUD is 4.0 units per gross acre, or 524 units, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The development standards contained in this Document, combined with the requirements of the Land Development Code (LDC) will insure that the proposed development will be compatible with and complementary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 4. The development commitments and standards contained in this Document, as well as the requirements of the LDC will assure compliance with Policy 3.1 of the FLUE. 5. The Palermo Cove RPUD is consistent with and furthers Policy 5.5 of the FLUE in that it is using existing land zoned (designated) for urban uses. 6. The Palermo Cove RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will be open space or reserved for conservation purposes. 7. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its low residential density, will insure that the developed project will be an attractive and enjoyable residential development. 3. The project shall comply with the provisions of Chapter 6.02. and Section 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike thru) Packet Page -4255- ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 5/14/2013 17.C. 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 Palermo Cove RPUD. 1.2 LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL "A" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 051'50 "W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF COLLIER BOULEVARD (S.R. 95 1) AND BEING THE POINT ^ OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED;THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89 051'50 "W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34: THFN( F. LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02-1521"W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.89 052'42 "E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 114; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.02 015'10 "E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4, S.89 °52'16 "E., A DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT -OF -WAY; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, S.02 °14'59 "E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; Palermo Cove RPUD (Amend)(BCC 6-6 -06 spike thru) I -I Packet Page -4256- 5/14/2013 17.C. CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND ^ RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 051'50 "W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 015'21 "W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTH 112 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34, N.89 °52'05 "W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDWALK PHASE FIVE "A" AS RECORDED v` YLA1 BOOK 3S, PAGES 8! THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02 °13'33 "W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C -3" OF SAID INDIGO PRESERVE, S.89 °5234 "E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C -3 "; THENCE ALONG THE EAST LINE OF SAID TRACT "C -3 ", N.02-13'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER OF TRACT "C-4" OF SAID INDIGO PRESERVE; THENCE ALONG THE SOUTH LINE OF SAID TRACT "C -4 ", S.89 °52`39 "E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C -4',; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C4" AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02 015'21 "E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike thru) Packet Page -4257- I -2 5/14/2013 17.C. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Elias Brothers Communities at Raffia Preserve, Inc. 15100 Collier Boulevard Naples, Florida 34119 1.4 DEVELOPER The Palermo Cove RPUD is intended to be developed by Elias Brothers Communities at Raffia Preserve, Inc. All reference to the "developer" as may be contained in this RPUD Document shall mean Elias Brothers Communities at Raffia Preserve, Inc., unless, and until the subject property described and depicted in this RPUD Document is sold. It is the responsibility of Elias Brothers Communities at Raffia Preserve, Inc. to notify Collier County, in writing, of the land conveyance, of the subject property described and depicted in this RPUD Document within six months of the actual conveyance. 1.5 PHYSICAL DESCRIPTION The development property is located in the east half of Section 34, Township 48 South, Range 26 East. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off- -road vehicle use. Historically timbering arm %Mule gracing have occurred on the property. 'l he property's jurisdictional wetlands have been infested with the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 12.4 feet to 13.7 feet above mean sea level. The site contains areas of jurisdictional wetlands that are characterized as transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants with a mixture of Melaleuca. The water management system consists of approximately 10 acres of water management areas that will receive run -off from structures and parking areas. Run -off will be collected by catch basins and culvert systems for conveyance to the project's internal lake system. The lakes are interconnected by culverts and/or the preserve areas, with project outfall being at the project's southwest corner. Discharge will be into the wetland preserve in the southwest portion of the project site. Flow will continue overland to eventually be collected into the Islandwalk water management system, with ultimate discharge into the 1 -75 Canal in accordance with Collier County Ordinance No. 90 -10, as amended, which incorporates the Harvey Basin Study. 1.6 PROJECT DESCRIPTION The Palermo Cove RPUD shall be a residential development consisting of detached single - family villas, attached single - family villa residences, and multi - family dwellings. The amenities proposed to be provided in the project include structures and areas to Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike tluv) Packet Page -4258- I -3 5/14/2013 17.C. provide social and recreational space, lakes, natural and landscaped open spaces, and a n variety of passive and active recreational opportunities. It is anticipated that the project will have a single clubhouse tract that will be developed with the actual clubhouse and outdoor recreational improvements including swimming pools, tennis courts, a playground, and potentially a basketball court and volley ball court. Each residential unit shall be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Palermo Cove Residential Planned Unit Development Ordinance ". Palermo Cove RPLJD (Amend)(BCC 6-6 -06 strike thru) I-4 Packet Page -4259- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 5/14/2013 17.C. 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 Palermo Cove RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Palermo Cove RPUD shall be in accordance with the contents of this Document, the RPUD- Planned Unit Development District - and other applicable sections and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Palermo Cove RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or deviated from by this RPUD, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets, sidewalks, pedestrian trails and use of land is illustrated graphically by Exhibit "A ", RPUD Master Plan. Palenno CovP 2PUD (Amend)(BCC 6 -6 -06 strike thru) Packet Page -4260- II -1 5/14/2013 17.C. 1.1 TABLE PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE+ TRACT "R" RESIDENTIAL 524 90 TRACT "RA" RECREATION AREA 0 3 TRACT "P" PRESERVE 0 38 B. Areas illustrated as lakes on Exhibit "A" 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 shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A ". C. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 524 residential dwelling units (including attached and detached single - family villas), may be constructed in the total project area. The gross project area is approximately 131 acres. The gross project density, therefore, shall be a maximum of 4.0 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENT'S A. Prior to final local development order issuance for all or part of the RPUD, final nlanc of dll r�nnirai'l imr�rnc�r>mn.,tn 1,.11 , , r'-'- 111AFLWV1i/116.11LJ sh" receive approval or ine appropriate Collier County governmental agency to insure compliance with the LDC. B. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. C. No side -yards shall be required between units, where multiple units, intended for fee simple conveyance, including each individual lot, are contained in a single principal structure. 2.6 LAKE EXCAVATIONS A. Removal of fill from the Palermo Cove RPUD shall be limited to an amount up to ten percent (10 %) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.7 RIGHTS -OF -WAY A. All platted project streets shall have a minimum 50 -foot right -of -way. Deviation 1 from Sub - section 6.06.01(0) of the LDC, for cul -de -sac and local streets, and LDC Appendix B -2 and B -3 for cul -de -sac and local streets respectively, and Palen-no Cove RPUD (Amend)(BCC 6 -6 -06 strike thru) II -2 Packet Page -4261- 5/14/2013 17.C. Section III, Exhibit "A ", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 which requires 60 feet to allow 50 feet. (See Appendix "A ", Typical Cross Sections, and Exhibit A, RPUD Master Plan). These streets shall be private, and shall be classified as local streets. B. Utilization of areas within all project rights -of -way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. C. Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 2 from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13;j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. 2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights -of -way, and utilities. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Palermo Cove RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Palermo Cove RPUD, the cleveioper shaii provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association whose function shall include provision for the perpetual care and maintenance of all common facilities and open.space. 2.9 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A Palermo Cove may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of eight. Deviation 3 from LDC Section 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. E. Temporary use permit applications, and associated site development plan (SDP) application(s) for residential models, may be submitted concurrently with applications for improvement plans to depict the location of the model units within a future platted lot. All model units shall be located on lots that shall be platted through subsequent development order approvals. C. Temporary uses for sales centers may be served by temporary well and septic systems. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) Packet Page -4262- II -3 . 5/14/2013 17.C. D. A portion of the clubhouse facilities may be used as a permanent sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Palermo Cove RPUD. 2.10 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Palermo Cove RPUD requires an environmental permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 14.2 acres (25% of the native vegetation on site) is required to be retained or replanted. Tract "P ", contains approximately 38 acres. For the purposes of this RPUD, the Preserve Tract will fully satisfy the native vegetation requirements of Collier County. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have a seventy -five percent (75 %), or greater canopy coverage of exotic species. Appendix "A ", Typical Cross Sections, sets forth details related to separation of n structures from native vegetation preserve areas. 2.12 RPUD INTERFACE WITH ZONING TO THE NORTH 1.ne ratermo Cove RPUD is bounded on the north by a 9.4 acre property that is intended to be rezoned to Golden Gate Fire Department (GGFD) Station 73 MPUD, to provide for a community facility (Golden Gate Fire Control and Rescue District Station 73), as well as the final 16 dwelling units in the attached single - family townhouse product line being developed in the Summit Place In Naples Subdivision. The 9.4 acre parcel lying south and adjacent to the proposed GGFD Station 73 MPUD will provide project access, as well as access to the proposed fire station from Wolfe Road. It also provides for a water management easement to benefit Collier County for the Collier Boulevard six - laning project. This RPUD has been designed to share perimeter land use buffering and to create contiguous adjoining conservation areas with both the proposed GGFD Station 73 MPUD and the developing Summit Place In Naples Subdivision. Storm water run -off will be accepted from off -site areas to pass through the Palermo Cove master drainage system. Palermo Cove RPUD (Amend)(BCC 6-6 -06 strike thru) III _ __ Packet Page -4263- 5/14/2013 17.C. SECTION III RESIDENTIAL DEVELOPMENT STANDARDS ^ 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A ". Infrastructure, perimeter land use buffers, as well as project signage shall occur within this Tract "R ". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 524 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses: A. Principal Uses: 1) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2) Villa/patio dwellings (detached single - family dwellings of a smaller scale than the typical single- family detached dwelling.); 3) Multi - family dwellings. Multi - family dwellings, developed in accordance with standards in Table 2, shall maintain a minimum seventy -.five (75') foot setback from the boundary of the Indigo Lakes PUD. In addition, no multi- family dwelling shall exceed a building height of two (2) stories or thirty - five (35') feet, unless a minimum building setback of two hundred (200') feet is maintained from the boundary of the Indigo Lakes PUD and Summit Place in Naples PUD. Except as limited by this paragraph, multi - family dwelling units developed in accordance with Table 2 may be located throughout the project. 4) Model homes (See Section 2.9 of this RPUD Document); 5) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.9 of this RPUD Document). B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and ^ other outdoor recreation facilities. Palermo Cove RPUD (Amend)(RCC 6-6 -06 strike thru) III -1 Packet Page -4264- 5/14/2013 17.C. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary Iines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Palermo Cove P.PIJD (Amend)(BCC 6 -6 -06 strike thru) Packet Page -4265- I1I -2 5/14/2013 17.C. Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike thru) III -3 Packet Page -4266- TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- PATIO HOME MULTI- CLUBHOUSE/ STANDARDS FAMILY & VILLAS FAMILY RECREATION ATTACHED & DWELLINGS BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 9,000 S.F. 10,000 S.F. MINIMUM LOT WIDTH 25 FEET 40 FEET 80 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,500 S.F. 1,000 S.F. N/A MINIMUM FRONT YARD' 20 FEET 20 FEET 20 FEET N/A MINIMUM SIDE YARD 0 FEET or 3 FEET or 10 FEET N/A 6 FEET° 9 FEET6 MINIMUM REAR YARD 15 FEET 20 FEET 15 FEET" NIA MINIMUM PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MINIMUM DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 20 FEET N/A MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 45 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S S.P.S 20 FEET SIDE S.P.S. S.P.S S.P.S '/2 BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET (DETACHED)_'0 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DIST. BETWEEN STRUCTURES Greater of IS 12 FEET 12 FEET 20 FEET feet or %: BH MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike thru) III -3 Packet Page -4266- 5/14/2013 17.C. Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the n. lake maintenance easement. 2) No structures are permitted in the required 20 -foot lake maintenance easement. 3) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 4) Side Yards — No side yard shall be required between units when more than one residential unit is in a single structure (ie: attached single - family and townhomes). Varying side yards are provided for to allow side entry garages and to maintain the required separation between buildings_ 5) No structure shall encroach into a required landscape buffer nor any landscape buffer that is adjacent to a lake maintenance easement. 6) Patio homes and villas (detached single - family dwellings of a smaller scale than the typical single - family detached dwelling), shall have minimum side yards of either 3 feet, or 9 feet, with a minimum separation between structures on different lots of 12 feet. 7) Building separation measured from outside building wall. ^ 8) Three (3) story buildings shall maintain a minimum twenty -five (251) foot setback from any boundary of the RPUD. Palermo Cove RPUD (Amend)(BCC 6-6 -06 strike thru) III -4 Packet Page -4267- SECTION IV RECREATION AREA 4.1 PURPOSE 5/14/2013 17.C. The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A ", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas /spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only). 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and/or active water features. 3) Any other principal use, which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II of this Document. There shall be a minimum of a 20 foot separation of recreational building(s) from all residential units. Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) Packet Page -4268- N -1 SECTION V PRESERVE AREA 5.1 PURPOSE 5/14/2013 17.C. The purpose of this Section is to set forth the development plan for areas designated as Tract "P ", Preserve Area on Exhibit "A ", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. Tract P is designated as a preserve, but it is also used as a storm water flow -way for this project and surrounding properties. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Native preserves. 2) Water management structures. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters; or other such tarilitip.c cnns.n.:�tprl r,,,. the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. B. Flowway: Tract P is used as a flow -way for storm water, and as such will also be placed in a drainage easement that will allow for maintenance activities to be performed to ensure that the flow -way always functions properly. Paiem)o Cove•RPUD (Amend)(BCC 6-6 -06 strike thru) V -1 Packet Page -4269- SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE 5/14/2013 17.C. The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A ", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignees, shall follow the Master Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to iii the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments for that portion of the project turned over to such condom inium/homeowners' association. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or SDP application. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. 6.4 TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: 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 Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) VI-1 Packet Page -4270- 5/14/2013 17.C. edition, and the Manual on Uniform 7'rajjz'c Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the 1*01*11 Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Site - related improvements necessary for safe ingress and aggress to this project, as determined by Collier County Transportation Staff, 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. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 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. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. G. All internal roads, driveways, alleys, nathways, sidewalks and interconnectioonc to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. H. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating rights -of -way, shall be provided without cost to Collier County as a consequence of such improvement. I. If, in the sole opinion of Collier County Transportation Staff, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be bome by the developer and shall be paid to Collier County before the issuance of the first CO. J Adjacent developments have been designed to provide shared access or interconnections with this development. The RPUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. ,r. Palermo Covc RPUD (Amend)(BCC 6 -6-06 strike thru) VI -2 Packet Page -4271- 5/14/2013 17.C. K. Wolf Road east/west storm water drainage will be incorporated into the storm water drainage system of this RPUD. L. Section G -G on Sheet 5 of 5 of the RPUD Plans Set reflects the street cross - section, as mandated by the Collier County. Transportation Division. M. The project access shall only be from Vanderbilt Beach Road, via improved Pristine Drive (aka: Wolf Road north - South), until the completion of the Collier Boulevard six -laning project. Prior to completion of the Collier Boulevard improvements, project access to Collier Boulevard shall be rested- limited to construction and emergency vehicles only. Construction traffic shall be permitted a right -in only access from Collier Boulevard. 6.5 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. C. The project shall obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. 6.6 UTILITIES AND ENGINEERING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -31, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 6.7 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) VJ-3 Packet Page -4272- 5/14/2013 17.C. Environmental Services Department. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional 10—N wetlands. B. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Department. D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF &WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to the Environmental Services Department for review and approval prior to final site plan/construction plan approval. E. All Category. I invasive exotic plants; as defined by the Flnridp Fxntic pp�t pj %n Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. G. The RPUD shall be consistent with the Conservation and Coastal Management_ Element of the Collier County GMP in effect at the time of final development order approval. The RPUD shall be consistent with the LDC except as provided for within this Ordinance. H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plant construction plan approval. I. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. lo-IN J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike tluw) Packet Page -4273- VI-4 5/14/2013 17.C. minimum 10 -foot setback. Where jurisdictional wetlands are a component of a preserve, a structural buffer shall be required to utilize the 10 foot setback. 6.8 PLANNING A. The development agreements between Elias Brothers Communities and Wolf Creek, Limited Partnership, Waterways Joint Venture IV, and the Golden Gate Fire District, shall be executed and provided to Zoning and Land Development Review Staff prior to the Board of County Commissioners public hearing for this rezone petition. B. The project shall be phased such. that 260 dwelling units may receive certificates of occupancy prior to September -R30, 2007. The Phase 1 dwelling units shall be limited to twenty (20) certificates of occupancy for each month commencing September 1, 2006, and ending September 30, 2007. The remaining dwelling units permitted by this RPUD may receive certificates of occupancy subsequent to October 1, 2007, without limitation. Of the 260 units approved for the initial phase, a maximum of 150 ]patio homes and villas (detached units) may be constructed. The remaining 110 units in Phase I shall be either single family attached, _townhouse or multi - family. A minimum of 10% of the multi family dwellings constructed in Phase I shall be sold to individuals meeting the intermediate gap housing requirements set forth in Section 6.9 of this Document 6.9 INTERMEDIATE GAP HOUSING UNITS A. Ten (10 %) percent of the dwelling units requested at the final local development n order approval stage of development for platting, or site development plan, shall be sold by the developer to individuals, or families that earn between one hundred (100 %) percent and one hundred twenty five (125 %) percent of the Collier County median familv income. For the numncec of this RPi Tn ,- --- ---- r--r —�_� �� w•� �u v✓, uivuv aY�.uiu�, uluW Jllilil UG described as "intermediate gap housing units ". The median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached below, which Table shall be automatically adjusted from time to time in .accordance with any adjustments that are authorized by HUD, or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the developer and the County shall mutually agree to another reasonable and comparable method of computing adjustments in median income. Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) Packet Page -4274- V1 -5 5/14/2013 17.C. 1). No intermediate gap housing unit in the development shall be sold by the developer to those applicants whose household income has not been verified and certified to be equal to, or less than one hundred twenty five (125 %) percent of the median family income for Collier County, and that the applicant is a "first time home buyer" as defined by Collier County Ordinance Number 2000 -69. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager, or his designee, for approval. 2) No intermediate bap housing unit shall be sold, or otherwise conveyed, to a �. buyer whose household income has not been verified and certified in accordance with Section 6.440.A of this RPUD Document. It is the intent of this section to keep intermediate gap housing as such; therefore, any person who buys an intermediate gap housing unit from the developer shall agree; in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the intermediate gap housing unit is sold, (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that the seller shall pay to the County an amount equal to one -half of the sales price in excess of five percent increase per year. Such payment shall be maintained in a segregated fund, established by the County solely for affordable housing purposes and such money shall be used to encourage, provide for, or promote affordable housing in Collier County. The lien instrument may be subordinated to a qualifying first mortgage. 3) No intermediate gap housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the Developer, or a resident manager. 4) When the developer advertises, and sells, or maintains the intermediate gap housing unit, it must advertise, and sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such intermediate gap housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees for the initial sale from the developer to the buyer. Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) VI -6 Packet Page -4275- TABLE III MEDIAN INCOME 2005 Naples, MSA (Collier County) I ? 3 4 5 6 7 8 100% 105% 48,890 51,335 55,805 62,805 69,805 75,390 58,595 65,945 73,295 80,975 86,585 92,110 110% 52,812 79,160 60,264 67,824 75,834 81,432 85,024 87,480 90,914 93,528 96,716 99,468 115% 120% 55,746 58,680 63,612 71,592 79,572 85,956 66,960 75,360 83,760 90,480 92,340 97,200 98,724 104,994 125% 61,614 70,308 79,128 87,948 95,004 102,060 103,920 109,116 110,520 116,046 B. The following limitations and performance standards shall be adhered to: 1). No intermediate gap housing unit in the development shall be sold by the developer to those applicants whose household income has not been verified and certified to be equal to, or less than one hundred twenty five (125 %) percent of the median family income for Collier County, and that the applicant is a "first time home buyer" as defined by Collier County Ordinance Number 2000 -69. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager, or his designee, for approval. 2) No intermediate bap housing unit shall be sold, or otherwise conveyed, to a �. buyer whose household income has not been verified and certified in accordance with Section 6.440.A of this RPUD Document. It is the intent of this section to keep intermediate gap housing as such; therefore, any person who buys an intermediate gap housing unit from the developer shall agree; in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if the intermediate gap housing unit is sold, (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that the seller shall pay to the County an amount equal to one -half of the sales price in excess of five percent increase per year. Such payment shall be maintained in a segregated fund, established by the County solely for affordable housing purposes and such money shall be used to encourage, provide for, or promote affordable housing in Collier County. The lien instrument may be subordinated to a qualifying first mortgage. 3) No intermediate gap housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the Developer, or a resident manager. 4) When the developer advertises, and sells, or maintains the intermediate gap housing unit, it must advertise, and sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such intermediate gap housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees for the initial sale from the developer to the buyer. Palermo Cove RPUD (Amend)(BCC 6 -6-06 strike thru) VI -6 Packet Page -4275- 5/14/2013 17.C. 5) These intermediate gap housing units shall be developed in phases at the discretion of the Developer. 6.9 AFFORDABLE HOUSING A. The developer shall make a $250,000 contribution to The Empowerment Alliance of Southwest Florida Community Development Corporation on or before September 12, 2005 for the purposes of providing housing. B. The developer shall convey a five acre parcel of land to Habitat For Humanity of Collier County, Inc. within 90 days from the date of approval of this RPUD. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction operation/management office, and model center, may be constructed after zoning approval but before construction of any principal structures. 6.11 SIGNS Except as provided herein, all signs shall be in accordance with Chapter 5.06.00 of the LDC in effect at the time of sign permit approvals. The Golden Gate Fire Control and Rescue District's illuminated off -site directional sign for Station 73 may be incorporated into the residential ground or wall signage for Palermo Cove. Said signage for Station 73 is limited to the- directional signage size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the residential ground or wall signage provided for in Subsection 5.06.04.A.6.b. of the LDC. Deviation 4 from Section 5.06.03.F. of the LDC where illuminated siQnaee is prohibited in rPCidentinI 7nni-c "AX1;0t.n" 6 -r Ce. «:,... v v- c- ar..�au�tvia J 11V111 0-CLIV11 5.06.06.C. 12.a. where off - premise directional signage is prohibited in residential zones. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and wails are generally permitted as a principal use throughout the Palermo Cove RPUD, except in preserve areas. All landscaping shall be in accordance with the Collier County LDC in effect at the time of building permit application. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. No toe -of -slope setback shall be required from the common property /tract boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD, the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross - section C- C, and D -D and F -F on Sheet 5 of 5 of the PUD Plans Set illustrates this common berming. Deviation 6 from Subsection 4.06.05.I. of the LDC where a five -foot Palermo Cove RPUD (Amend)(BCC 6 -6 -06 strike tfuu) Packet Page -4276- VI -7 5/14/2013 17.C. setback is required from a property line for the toe -of- slope, when the proposed berm is greater than two feet in height. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. D. No structure shall encroach into a required landscape buffer, nor any landscape buffer that is adjacent to a lake maintenance easement. 6.13 DEVIATIONS A. All platted project streets shall have a minimum 50 -foot right -of -way. Deviation 1 from Subsection 6.06.01(0) of the LDC, for cul -de -sac and local streets, and LDC Appendix B -2 and B -3 for cul -de -sac and local streets respectively, and Section III, Exhibit "A ", Design Requirements for Subdivisions C.13-e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66, Typical Street Section, B -4 and B -5 which requires 60 feet to allow 50 feet. (See Appendix "A ", Typical Cross Sections, and Exhibit A, RPUD Master Plan), these streets shall be private, and shall be classified as local streets. This deviation is found under Section 2.7.A. of this RPUD Document. B. Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 2 from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. This deviation is found under Section ?.7.C. of this RPUD Document. C. Palermo Cove may have one model home renresentin_v Park tvnP of rP6riant;.A product. The number of model homes may exceed five, but shall not exceed a total of eight. Deviation 3 from LDC Subsection 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. This deviation is found under Section 2.1 O.B. of this RPUD Document. D. The Golden Gate Fire Control and Rescue District's illuminated off -site directional sign for Station 73 may be incorporated into the residential ground or wall signage for Palermo Cove. Said signage for Station 73 is limited to the directional signage size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the residential ground or wall signage provided for in Subsection 5.06.04.A.6.b. of the LDC. Deviation 4 from Section 5.06.031. of the LDC where illuminated signage is prohibited in residential zones. Deviation 5 from Section 5.06.06.C.12.a. where off - premises directional signage is prohibited in residential zones. E. No toe -of -slope setback shall be required from the common property /tract boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD, the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross - section C- C, and D -D and F -F on Sheet 5 of 5 of the PUD Plans Set illustrates this common berming. Deviation 6 from Subsection 4.06.051 of the LDC where a five -foot setback is required from a property line for the toe -of- slope, when the proposed Palermo Cove RPUD (Amend)(BCC 6-6 -06 strike thru) VI -8 Packet Page -4277- 5/14/2013 17.C. berm is greater than two feet in height. This deviation is found under Section 6.12.B. of this RPUD Document. Palermo Cove RPUD (Amend)(BCC 6-6 -06 strike thru) Packet Page -4278- VI -9 _ 5/14/2013 17.C. lipX111 11, Um all . 4-s O:efJ °° It oj . Pig Of ��1tlyd'.Ejd =`r� � E 0 jlf MiR11,11jullf 1 j . l% , °: ( fit IWO _ a � • $ 1Y i J t y ; � iY8 �t J al. rb "resew �'.s`>,° °°�L►ASeRO7,glE,'RSC1D1�(nyR'�s "r+ey - ..- �. ...........,.�........,�.�....� ATPALERMOCU PALERMOC'OVERPi1D RPUpMA57ERPLAN Packet Page -4279- i �� Q� P r r I r . I. bi itj E + t }A Ilf i lip , i I 5/14/2013 17.C. E fill ([; ; f i� L . �� Fc 1 A • 1 � �i rillI Packet Page -4280- j i t psr A CO- - N flil �� , is �E�� /�: man, �j p I x N s _ r t 5/14/2013 17.C. f oil n I APPENDIX "All .. ,. _._ °"�ZU+sexa�ts ct�airtlxrr�s omcv .,y ATPAEb7Zm Mac PAL6DO COVE; ow a� Packet Page -4282- M O mO V is o 1m r�laa ai , , , , L � 1 ti ti t i , L � .�43�IJf f ` Ewa aaprsw.as .CUM , t L L L L tt L L L 5/14/2013 17.C. C� w a "PENDM ►8►► kin PAIUSRm a"CIA Ne Packet Page -4283- fill m o �o off! r i r 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 2006 -30 5/14/2013 17.C. Which was adopted by the Board of County Commissioners on the 6th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of June, 2006. DWIGHT E. BROCK Clerk of Courts and. -Clerk Ex- officio to: Baard' of` County Commissi�Qners By: Heidi R. Rockhold, Deputy Clerk Packet Page -4284- /0�� INSTR 4601903 OR 4714 PG 2673 RECORDED 8/30/2011 12:46 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $27.00 CONS $100.00 � X 5/14/2013 17.C. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION FIFTH THIRD BANK, Plaintiff, ky ELIAS BROTHERS COMMUNITIES AT RAFFIA PRESERVE, INC., a Florida corporation, ELIAS BROTHERS COMMUNITIES, INC., a Florida corporation, AVIEL ELIAS, OVADIA R ELIAS, MEIR ALICE and RAMI YITZ44 110 Defendants. RH I, DWIGHT E. BRO=• heretofore on i n "o Certificate of Sale of the subject filed herein on or before the date he filing of said Certificate of Sale. CASE NO. 08- 08445 -CA C.7 [7 N C C r— m a - ¢. � n o w C� Cr'1 � p ) CD c7 W t' , do hereby certify that, nnrl Mari hcrcin mir u..� ...y rm c tions to such sale have been 1 an at ten (10) days have elapsed since the That as recited in said Certificate of Sale, the mortgaged property described in the attached Exhibit "Q" was sold to -Rapg Lt whose 14m d e f'wn r V-Mn L n , c nes address is l4 P, o. btu 6WO P- M ye M F and who now has title thereto. WITNESS my hand and official seal of this Honorable Court on AL � �-_, 2011. Packet Page -4285- OR 4714 PG 2674 0 g -31--C r n"I-5- Copies fumished to: 5/14/2013 17.C. John D. Agnew, Esq. Henderson, Franklin, Starnes & Holt, P.A. P.O. Box 280 Ft. Myers FL 33902 -0280 • DWIGHT ES9ROCK,'CL•Erl ` :, Circuit Co jrt of Goliier -Qo6nVj`.. Depd�y Cr%k.-• ' RC Scott N. Wagner, Esq. Bilzin Sumberg Baena Price rod, LLP 1450 Brickell Avenue Suite 2300 Miami, FL 33131 -3456 Page 2 of 2 Packet Page -4286- * ** OR 4714 PG 2675 * ** i i Exhibit A A parcel of land located in the North half of Section 34, Township 48 South, Range 26 East, collier County, Florida, being more particularly described as follows: 5/14/2013 17.C. Commence at the East Quarter comer of Section 34, Township 48 South, Range 26 East, Collier County; F106&1; thence run North 89051'50" West, along the South line of the Northeast Quarter of said Section 34, for a distance of 175.16 feet to the Southeast comer of the lands described in Official Records Book 3584, Page 1328, of the Public Records of Collier County, Florida, also being the POINT OF BEGINNING, of the Parcel of land herein described; thence continue North 89051'50" West, along the South line of the Northeast Quarter of said Section 34 for a dista feet to the Southwest comer of the Northeast Quarter of said Section 34; the ' est, along the W line of the Northeast Quarter of said Section 34, f of 6 . e Southeast @�of the North Half of the South Half of the Northw r of said Section ing a point hereinafter known as point "A "; thence run North 890 ,92'05 ng the South tine f th , North Half of the South Half of the Northwest Quarter of said Section 3Wark dr 642.61 eet to the Southwest comer of the North Half of the South Half of a N4 r • thence run North 02013'33" West, along the West line of the No `was a o f r a �1istance o� 7.56 feet to the Northwest corner of the So H If f th N Hhl a we t Quarter ofY ecti0 34; thence run South 89 °5234" East, along If% Half a N�f� Half of the Northwest Quarter of said Section 34 for a i nice of 1320.95 feet to a South rner of the North Half of the Northeast Quarter of the Northw rter of said Sections orth 02013'51" West, along l- _...__a .!__ _e tMN L_ti _ . 1L-- y.1._ -y -_ C 1 -u L-a.q C_- .JS --t_ C - -- i ne west use or me rvoith Hair or a neast t2uar<er or cne �uarieF or said aecuon s-r ror a distance of 668.93 feet to the No er of the North Hai' "ortheast Quarter of the Northwest Quarter of said Section 34; o ,� #,h 84 '` st, along the North line of the Northeast Quarter of the Northwest Quarte a distance of 1320.65 feet to the Northeast comer of the Northwest Quarter of sat ; thence run South 0201521" East, along the East line of the Northwest Quarter of said Section 34 for a distance of 2006.93 feet to the aforementioned point "A ; thence run South 89052'42" East, along the North line of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 34 for a distance of 1322.11 feet to the Northeast comer of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 34; thence run South 02015'10" East, along the East line of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 34 for a distance of 334.65 feet to the Northwest comer of the South Half of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 34; thence run South 8905Z'16" East along the North line of the South Half of the South Half of the Southeast Quarter of the Northeast Quarter of said Section 34 for a distance of 1146.91 feet to the Northwest comer of the lands described in Official Records Book 3584, Page 1328, of the Public Records of Collier County, Florida; thence run South 02015'18" East, along West line of said Official Records Book 3584, Page 1328 for a distance of 334.81 feet to the POINT OF BEGINNING, containing 131.017 acres, more or less. Packet Page -4287- 5/14/2013 17.C. Palermo Cove PUD Amendment Exhibit 1 Disclosure of Interest Information Ust Identifying Owner(s) and All Parties of Corporation Raffia Holdings of Naples LLC 13440 Parker Commons Boulevard, Suite 103, Fort Myers, FL 33912 Officers /Stockholders Percentage of Stock r V-M4— 4. Sc5I Mauricio Cayon, Manager�� 3857 W 16 Avenue Hialeah, FL 33012 Q... e <Ge w oo ".%-> Ca►`"'` w+ k R. �. C r Martin Caparros Jr., Managers (p 16400 NW 59 Avenue Miami Lakes, FL 33014 Robert S. Barber, Manager 13440 Parker Commons Blvd #103 Fort Myers, FL 33912 Page 1 of 1 Packet Page -4288- 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 Monarch Stonehill RBS & Kelts Regiment Trilogy Creditors Trust Eaton Vance Directors & Officers Compass Bank Spectrum KBC Bank Bank of America & Merrill Lynch Invesco Cedarview Frontier Ridge Morgan Stanley Cetus JP Morgan Balance of CEDE & Co Percentage of Stock 675,464 38.75% 569,166 32.65% 103,886 5.96% 97,064 5.57% 50,791 2.91% 47,500 2.72% 40,037 2.30% 36,144 2.07% 26,474 1.52% 25,313 1.45% 19,855 1.14% 14,767 0.85% 13,090 0.75% 6,383 0.37% 6,105 0.35% 4,575 0.26% 3,049 0.17% 2,450 0.14% 1,128 0.06% 1,743,241 100.00% Packet Page -4289- 5/14/2013 17.C. r Page 1 of 1 m Cta firer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION AFFIDAVIT 5/14/2013 17.C. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5358 WWW.collieraov.net We /I, Raffia Holdings of Naples 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 /1 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 re P operty caner P--AAA4 Ltd Typed or Printed Na'Vne of Owner The foregoing instrument was acknowledged before me this k S day of 0d W* 4-v' , 2012, by who is personally known to mror has produced as identification. tear n 8 Notary Public State of Florida x° �`; Maria D Garcia N p< My commission DD892014 46 OF 1.0 Expires 0611MO13 Packet Page -4290- (Signature of Notary Public) �'`yiiCl�It'-rt�� i3-�'�► 4:�!rG�.+lt.� CL,,�, (Print, Type, or Stamped Commissioned Name of Notary Public) February 4, 2011 • • 0 x :il, ,. WWW.collieritov.net COVENANT OF UNIFIED CONTROL 5/14/2013 17.C. The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Palermo Cove RPUD 4295 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 hereby designate P P LRPUD) zoning. We y grate O. Giadv Minor and Associates P A and Coleman Yovanovich and Koester P A and WCI ommumties 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 as in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF1cs+ -*� COUNTY Own f R Raai�ta fit" t '% ot Punted Name Sworn to or affirmed) and subscribed before me this i day of C) ,— 2012, by who is Dersnnaily JWo _ tQmLor has produced as identification. 00 s% Notary public State of Florida r° Maria D Garcia < Wry Commission DD892014 Expires 4611812013 Packet Page -4291- Notary Public cs (Name typed, printed or stamped) February 4, 2011 5/14/2013 17.C. EXHIIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION FOR PARCEL "A" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 051'50 "W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89 °51'50 "W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 °15'21 "W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.89 °52'42 "E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, ' BEi, Tv itr VUlHW✓5 1 CORNER OF THE S.u2 "i3EA LJIANLh Vr 334b) F NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4, S.89 °52'16 "E., A DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT -OF -WAY; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, S.02 °14'59 "E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" February 4, 2011 Packet Page -4292- 5/14/2013 17.C. PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING FOLLOWS. MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 051'50 "W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 °15'21 "W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34, N.89 °52'05 "W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDWALK PHASE FIVE "A ", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02 °13'33 "W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS ^ 3OF " COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C- SAID INDIGO PRESERVE, S.89 °52'34 "E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C -3''; THENCE ALONG THE EAST LINE OF SAID TRACT "C -3 ", N.02-13'51 "W., A DISTANCE OF 668.93 FEET. To THE R(liT'1'FiwFCF CORNER OF TRACT "C-4" OF SAID INDIGO PRESERVE; v - -� ✓ v v 1 t L" 1 THENCE ALONG THE SOUTH LINE OF SAID TRACT "C -4 ", S.89 °52'39 "E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C-41; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4" AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02 01521 "E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. Packet Page -4293- Oct. $. 2012 3:37M, No. 126 5/14/201317.C. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DkftlE GROWTH MANAGEMENT DMSIONI NAPLES, FLORIDA 34104 PLANNING AND REGULATION (230) 252 -2400 FAX (239) 252-6724 WWW.COLLIERGOV.NET -`�! —..N.. rf 4 - h1:.ilYT Sri;• t_ N �xtL'.JiGr rrapi�`41..�:'1 i':,5 •!= ) ".'•' �.,.::�_M_lk�i'S!W1iNtN` ,�" u —• ;.._:- ....:,r , • ..r.�., fl'0 . raw •. _ , ! f v. jy!'• i.u� lacm� : . r•= f�.;,E ''`':., apt ' �; - Ezy'f;• •�f ,wi.iauur .au . .awtl ••,jl�r.,:•n.�. ,.: V. _ ! _ �=;:, f-;••,:•,_-• t�. f:: c-_.. rr. lti2fNo '��`,-.x�._,•-::�'ar':.` -)._- Please complete the following and fax to the Operations Department at 239. 252 -5724 or submit in person to the Addressing Department at the above address, Form must bg sianed by Addreapjpg Personnel prior to lye application meeting, please allow 3 ft for progming. Not all items vllill apply to every project, Items in bold type are required, FOLIO NUMBERS MUST BE PROVIDED. Foams older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addn ssfng CheckW for each Petition type) ❑ BL (Bleating Permit) ❑ SOP (Site Development Plan) ❑ BD (Boat DOCK Extension) ❑ SDPA (SDP Amendment) ❑ GamivallCircus Permit ❑ SDPI (insubstantial Change to SDP) © CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ 51PI (insubstantial Change to SIP) ❑ P'P (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Stmt Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) C1 PPL (Plans & Plat Revs* ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Romwal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetian Removal & Site Fill Permit) ❑ RZ (Standard [rezone) © OTHER PUDAMMtrm" LEGAL DESCRIPTION of subject property or propertles (copy of lertgMy description may be affached) 3 L•{- ^ 4S ! 7—(- Palermo Gove PUD and Wolf Creek PUD - see attached legals Le-15 3t zrL S, 'S �,�, FOLIO (Property ID) NUMBER(a) of above (attach to, ormoclate v10, legal descnpfigrr rMom than one) 14 t t See attached list SS STREET ADDRESS or ADDRESSES (as appiicable, if already assigned) 452E WOLFS RD, 4295 WOLFE RD, and 4170 WOLFE RD + LOCATION MAP must be attached showing exact location of projectfste in relation to nearest public road right- of-way SURVEY (copy - needed only fnrunplatted properties) PROPOSED PRC,IE =GT NAINE (rf aypiicabla) PROPOSED STREET NAMES (if applicable] SITE DEVELOPMENT PLAN NUMBER (for existing projectsftfts only) SOP or AR or PL A Packet Page -4294- Oct. 8, 20,2 3:38PM y�� ► t COWER COUNTY Q0Vr*ItNu1EKr GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION No. 1246 5/14/201317.C. 2000 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34904 (239) 252.2400 FAX (239) 25247M WMCOLLIERGOV Nl5Y Project or development names; proposed for, or already appearing )n, condominium documents (F application; indicate whether proposed or existing) Palermo Cove PUD and Wolf Creek PUD Please Check One: M Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAM: Q. Grady Minor and Associates, P.A. (attn: Sharon Urnpenhour) PHONE 239.947.1144 l=am 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 FAR CTACC 1 LCR nrul v w'l l 1 -464 VI•L.I FLN Number (Primary) Folio Number Folio Number Folio Number Approved by:GZ. �^+'7 Date: -42"",4 Updated by; Data. IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -4295- Oct. 8. 2012 3:38RM No. 1246 5/14/201317.C. PL -2012 -0650 (PUDA) & PL-2012-0680 Palermo Cove PUD and Wolf Creek PUD Amendments FOLIO (Property ID Number(s) Folio Number. 00203360000 Name: RAMA HOLDINGS 01= NAPLES LLC Street# & Name_ NO SITE ADDRESS Folio Number 00203440001 " Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Natbe; NO srm ADDRESS Folio Nuo *er. *0203x$0003 Name_ RAFFIA HOLDINGS OF NAPLES LLC Sh"M & Name: NO SITE ADDRESS Folio Number: 00203720D06 Namo: RAFFIA HOLDINGS OF NAPLES I10 Sbm*W S Name; No arrEADDRES,g Folio Number; 00203760008 — Name; RAFFIA HOLDINGS OF NAPLF$ LLG Street# & Name; NO SITE ADDRESS Folio Number. 00204000000 Nmne: RAFFIA HOLDINGS OF NAPLES LLC Street# & Nome: NO SITE ADDRESS Folio Number. 00203400009 • Nether RAFFIA HOLDINGS OF NAPLES LLC StrOOM & Name: 4296 WOLFE RD '�u:w �u�::w�. uvmcuie�WVLf Nama: RAFFIA HOLDINGS OF NAPLES LLC S U€eti>= & Name: NO SITE ADDRESS Folio Number; 00203600007 r Nam&, WOLF CREEK NAPLES HOLDINGS LLC Stnaet & Nam &t 4525 WOLFE RD Folio Number: 00204360009 ' Name: WOLF CREEK NAPLES HOLDINGS LLC StMOW & Nam*, NO SITE ADDRESS Folio Number. 0=3MDODS ,+ Name= WOLF CREEK NAPLES HOLDINGS LLC Streeg & Kam, NO SITE ADDRESS Fart Number. 00204720005 Name! WOLF CREEK NAPLES HOLDINGS LLC SITOM & Name; 4'170 WOLFE RD Packet Page -4296- 5/14/2013 17.C. �-• 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 -4297- 5/14/2013 17.C. 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 1/4 of a mile west of Collier Blvd. CR 951 and north of Vanderbilt Beach Road Extension. ^ Packet Page -4298- 5/14/2013 17.C. 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 nrpwc I nkn rla mvrrl c Ti,:r;- ,d ;rt ;nnnl Wi-tlnntlq • , 1.1 J 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 -4299- 5/14/2013 17.C. 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 a_. �: w 13Nalusii MIOSS rr a„- 1. Usneol'ues 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 - Wildlife Species Observed Packet Page -4300- 5/14/2013 17.C. /0-11 Key Species Discussion: 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 the ISSt: d nf-ymitz Aq nPr r�rniiremPnt (vn11:Pr C'nnnty T.T�r Q4 nn PrntP�tinn of r r.. ,�...., .u.... _j 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 -4301- 5/14/2013 17.C. 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 animal prints watering at waters edge. Monotypic stands of poor quality foraging plant species and the invasion of exotic plants FLUViU%, JLUVv%,i ixuuitot ivictriUE, vdiu %. cLu iitila-sotinr� ley XvIarMr, nn 1F.V VA111aW1JV yivviu�. avvv�.i iiuviw� ivica�ui�, vcuu�. uuu uuii�.auvLi vy ivia�ui� ��iwiw. r�Yytvnuuawty 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 some isolated wetlands. 10-111. Packet Page -4302- 5/14/2013 17.C. ,01-N Threatened, Endangered and Species of Special Concern Species Present Absent Suspected Black bear Florida panther x 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 Hne. heron x Packet Page -4303- WILDLIFE SPECIES OBSERVED Common Name Amphibian & Reptiles: Six - lined racerunner Brown anole Black racer Florida Box turtle Birds: Dove - ground Dove- mourning Pileated woodpecker Northern flicker Flycatcher, great crested Crow, american Common grackle Bluej ay Carolina wren Gray catbird Northern mockingbird Cardinal Rrn �zm thuraychpa Red- shouldered Hawk Vulture, turkey Vulture, Black Cattle egret Little blue heron American Coot Mammals: White - tailed deer Virginia opossum Raccoon Bobcat Hispid cotton rat Nine -banded armadillo Gray squirrel Marsh Rabbit Fox squirrel Species Cnemidophorus sexlineatus Anolis saw Columber constrictor Terrepene carolma bauri Columbina passerina Zenaida macroura Dryocopus pileatus Colaptes auratus Myiarchus crinitus Corvus brachyrhynchos Quiscalus quiscula Cyanocitta cristata Thryothorus ludovicianus Dumetella carolinensis Mimus poly lottos Richmondena cardinalis Tnvnctnma rnfiim 1 VAVJLV111LL A"Ll iL Biteo lineatus Cathartes aura Coragyps atratus Bubulcus ibis Egretta caerulea Fulica americana Odocoileus virginianus Didelphis virginiana Procyon lotor Felis rufus Sigmodon hispidus Dasypus novemcinctu Sciurus carolinensis S ly vilagus palustris Sciurus niger avicennia Packet Page -4304- 5/14/2013 17.C. Status T (SUSPECTED) +,c HERITAGE REENS ISLAND COVE Immokalee Rd 'mom nw ri GradyMinor Fortmy ° 239.680.4380 ® CK11 Engineers • • Land- Survevors Planners • Landscape Arcliltecls CERT. OF AUTa. FD 0885151 CEBT.OF AVn. LB 0005151 BUSINM LC 26800266 xaSr.GradyNlinor— Q. Grady Minor and A66ocnace . P.A. .. PR[11 — PI ANNN[: PCWCPA — -1 ERYO f.FNF P11n NlnI. FF CRFFK P11n AMFNn naAwurc InFATIf SITE POR F. PEBBLEBROOKE I O SIIf M!i PLACE BLACK BEAR RIDGE PALERMO COVE AND WOLF CREEK PUDS LOCATION MAP Packet Page -4305- 1-2 5/14/2013 17.C. tOdTOM 1MP STMT 1 OF 1 5/14/2013 17.C. Packet Page -4306- 5/14/2013 17.C. .. � ^ .. n �C W.Q W: O.m J V..... ", -3.1 aa'♦lY.9t $ � la's X' Y. �G ae�Y ��t X'_ xpci.aTriT aa- mid -did& o. s• n ^ w ¢< n. , m n 8mp an "' g. m .. n ,°'d c c as: er 1 f- ox:, ww �m�x at I pG�qq .. aCCa �p B B.OMOT. 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SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11-02332-P DATE ISSUED: February 4, 2005 Form #0941 08195 PERM17TEE: MARK L LINDNER WILLIAM L HOOVER 4980 TAMIAMI TRAIL NORTH 3785 AIRPORT ROAD N SUITE B -1 SUITE 200 NAPLES, FL 34105 NAPLES, FL 34103 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: COLLIER COUNTY, SEC 34 TWP 48S RGE 26E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's 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 District's action. CERTIFICATE OF SERVICE I 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. a line Rippe, P.E. rector Lower West Coast Service Center Certified mail number 7004 2510 0004 6696 2127 Packet Page -4310- Page 1 of 8 5/14/2013 17.C. NOTICE OF RIGHTS 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 of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or 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 are no issues of material fact in fiiCnrtP. tha affartPri 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. 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- 106.301(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 SFVVMD'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- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, nnri:.Qnrrinn '272110(11 ;=In Ct -of fnr o hcnAnn tti w1 V1..1i11V11 -1 .1 .-k'J, 1 1a. vlol., 1V1 O 11Gaf1l ly VII Ule 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. 2000 Packet Page -4311- 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 filing 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 stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat, 5/14/2013 17.C. DISTRICT COURT OF APPEAL S. 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 ftja. , a notice of appeal pursuant to Florida Rule of Appel Procedure 9.110 in the Fourth District Court of Appeal or is, the appellate district where a party resides and filing a second copy of the notice with the SFVVMD 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 real nrnnarty nr !2 va&aH rinh+ +_ c. "•'' Y• v�+• -• •) i V liJlGl/ i RVi it to C apec111L US-e- 0I 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 Revised August 2.�o Packet Page -4312- ,,—\ 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; action; (2) a statement of the preliminary agency (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.C. (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 is implementing; (f) the type of action requested; (g) the spec 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 0 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 specific 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 right., 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 -4313- 28- 106.301 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 shall 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.C. (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 unswor� which was submitted to the agency concerning the ma to be reviewed and the date and location of the statemE. 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 b/'—" construed to prevent a hearing at the earliest timr, practicable upon request of an aggrieved party. toy unruss uulerwlse Pfovided by law, 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. 2000 Packet Page -4314- 5/14/2013 17.C. 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. 7. 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 -4315- 5/14/2013 17.C. 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, FA.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 any property right, or any interest in real orooerty. nor dOP_S it ai�thnri7P N. 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 -4316- 5/14/2013 17.C. 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. 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. 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 -4317- 5/14/2013 17.C. Application No. 03032 8-10 Page 5 of o SPECIAL CONDITIONS The construction phase of this permit shall expire on February 4, 2010. 2. 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.1 T H RECTANGULAR ORIFICE with invert at elev. 11.5' NGVD. Receiving body: Vanderbilt Beach Road conv sys. Control elev: 11.5 feet NGVD. 111.5 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. 112.5 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. 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 Uhot � ��UIt fi v; l^� U 1 %vi wu Uctubi n or oiler ativi'i u u ie S--r- l ate 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 -4318- 5/14/2013 17.C. 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, P.A., 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 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 notiry the District'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 -4319- 5/14/2013 17.C. 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 -4320- 5/14/2013 17.C. 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 -4321- 5/14/2013 17.C. Packet Page -4322- 5/14/2013 17.C. q t�? t" 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 334164680 • www.sfwnid.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 n office. . Sincerely, Elizabeth Veguilla Deputy Clerk Environmental Resource Regulation Department Enclosures RE... �''a,. i 'k7 �' --- ,.. r AN! Q. .... t fit^ ? {:. GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Undahl, P.E. Carol Ann Wehle, Exenotim Director Irela M. Bagu@, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks - Thomas NicolSs J. Gutierrez, Jr., Rcn M-1-1— c Wade, )r. Packet Page -4323- 5/14/2013 17.C. 0 PSOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. 11- 02492 —P DATE ISSUED: JANUARY 11, 2006 FORM #0145 Rev. 06X5 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 IV, 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: SEE PAGES 2 - 6 OF 9 (36 SPECIAL CONDITIONS). SEE PAGES 7 - 9 OF 9 (19 GENERAL CONDITIONS). SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD On ORIGINAL SIGNED BY: By ELIZABETH VEGUILLA DEPUTY CLERK PAGE 1 OF 9 Packet Page -4324- 5/14/2013 17.C. 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. /0-1111 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 l. ilVly uy o L11C C:Cl.Ll WCtLetuJ _ i .ii . 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 Packet Page -4325- 5/14/2013 17.C. PERMIT NO: 11- 02492 -P 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 r_._ n., .....: a. f.A....l; F; }i }n romv vrc t}1° c.�,.::.�.t r�.: ctlnn arC'.PSS permittee sha'l'l apply fOr a Yer-wit . LJodi. 1i.Q[I; On to 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, 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 No. 3.7 A -I. Any proposed modifications to the approved form must receive prior written consent Packet Page -4326- 5/14/2013 17.C. PERMIT N0: 11- 02492 -P PAGE 4 OF 9 10—N. 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 erotic 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 80% 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 -4327- 5/14/2013 17.C. PERMIT NO: 11- U24yL -? PAGE 5 OF 9 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 50 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. 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% a,iirvival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland; transitional, and upland 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 -4328- 5/14/2013 17.C. 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. Packet Page -4329- 5/14/2013 17.C. 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. 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 expectea 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. 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. 7. 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 -4330- 5/14/2013 17.C. 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 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, 11—\ operation, maintenance, removal, abandonment or use of any system authorized by the Packet Page -4331- 5/14/2013 W.C. PERMIT NO: 11- 02492 -P PAGE 9 OF 9 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 -4332- 5/14/2013 17.C. ENVIRONMENTAL RESOURCE PERMIT CHAPTER 40E -4 (10/95) n 40E -4.321 Duration of Permits (1) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 4CE -40, F.A.C. is as follows: (a) For a conceptual approval, two years from the data 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 appeais. (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, 1. or the Governing Board takes action on an application for extension of an individual permit, �. 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" shalt 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 author'ty 373.044, 373.113 F.S. Law Imp'emented 373 413, 371416, 373 419, 373.426 F.S. History—New 9 -3.81, Amended 1- 31 -82, 12 -1 -82, Formerly 16K4.070), Amended 7 -1 -86, 4120194, Amended 7 -1 -86, 4/20194, 10 -3 -95 Packet Page -4333- 5/14/2013 W.C. Packet Page -4334- ,/-,*N /-"IN f t } m Y ` ta o Y g i �{ ppip 1. A. mom #All K 1� PRO X=NL v A# 4 Packet Page -4334- ,/-,*N /-"IN f t i )f .� w /,ON Packet Page - aa5 5/14/2013 17.C. fn uj OW m LU k � ! � §j �! a| k§ §§§ ;§ !E 2m 2!= aE W� �\ / 0 2 2 \ / ) k LL, \ ( ° m C \ ) � : «� giJ ! �.l �� }} \ \i / 5/14/2013 17.C. Packet Page -4336- AW 0 9� "YY�A "� "YY�YYY �oWc�Npe.�FR „�e: Ral :Or uaaa�saa d4$ Ksaco�on� °o� 2'3mmm� <aF €�f�EgHF�� 2 °��$�caaaPa'c�z? Ii4:::i �i:i 33 AX. r �) 4i:�7• i zg Nr-yy �a ggr �.i 214 n o � w � a � o y �3 W -' --•- --- • - -' -1 & i 1 1 3 1 I 1 � i 1 1 Y i 1 I _ 1 1 c 1 1 i i I I I i 1 1 j 1 ' i . i i i V o o ° N w goo V w Z U O y �od � a � �a W tea¢ U � 0 �e a 9x � 1e s c< 9 E E ©s �ffi 06 M M I MO m d a) m CL II I's /01\ 5/14/2013 17.C. CO *6.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.collieraov.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 BonkaSprmgs 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 Metes & Bounds Description: L-A' uuiL -t L-c901 LJGOICi iNuvi 1 aua011cU 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 E TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM Q b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) El February 4, 2011 Packet Page -4339- Palermo Cove PUD Amendment Exhibit 3 Property ID Numbers Folio Numbers: 00203720006 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203760008 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203360000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203440001 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203480003 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS 5/14/2013 17.C. Folio Numbers: 00204000000 �\ Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS rums Niumber: uu4ua"000U2 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: 4295 WOLFE RD Folio Numbers: 00203920000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Packet Page -4340- Page 1 of 1 Palermo Cove RPUD Exhibit 4 Legal Description LEGAL DESCRIPTION FOR PARCEL "A" 5/14/2013 17.C. PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 °51'50 "W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST RIGHT -OF -WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89 °51'50 "W., A DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 °15'21 "W., A DISTANCE OF 668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.89 °52'42 "E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4, S.02 °15'10 "E., A DISTANCE OF 334.65 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4; THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE cAlfl A1n DTLiCACT /A C on-q-)19L'IC A rV CTA KIrE nC 1777 O1 CCCT Tn A DnJ1�IT TLJC CA III %AMCT DI(]LJT_ JHIV IVVRI nr/ 1 1 /&i, J.07 JL 1V Cy H VIJIHIVI.0 Vr 1GLL.V1 rLL I, IV M rV1KI1 111E JMIV VV LJ! I \IlJ11I- OF -WAY; THENCE ALONG THE SAID WEST RIGHT -OF -WAY, S.02 °14'59 "E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. LEGAL DESCRIPTION FOR PROPOSED PARCEL "B" PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, N.89 °51'50 "W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, N.02 °15'21 "W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID Page 1 of 2 Packet Page -4341- 5/14/2013 17.C. Palermo Cove RPUD Exhibit 4 Legal Description NORTHEAST 1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34, N.89 °52'05 "W., A DISTANCE OF 2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A POINT ON THE EAST LINE OF ISLANDWALK PHASE FIVE "A ", AS RECORDED IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, N.02 °13'33 "W., A DISTANCE OF 1337.54 FEET, TO THE SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK 40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C -3" OF SAID INDIGO PRESERVE, S.89 °52'34 "E., A DISTANCE OF 1320.95 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C -3 "; THENCE ALONG THE EAST LINE OF SAID TRACT "C -3 ", N.02 °13'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER OF TRACT "C -4" OF SAID INDIGO PRESERVE; THENCE ALONG THE SOUTH LINE OF SAID TRACT "C -4 ", S.89 °52'39 "E., A DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT "C -4 "; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C -4" AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02 °15'21 "E., A DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B" HEREIN DESCRIBED; CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.. BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999) ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE FLORIDA EAST ZONE. Page 2 of 2 Packet Page -4342- 5/14/2013 17.C. co *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.collieroov.net TOTAL POPULATION TO BE'SERVED: 237 dwelling units PEAK AND AVERAGE DAILY`DEMANDS: A. WATER -PEAK 109,495 AVERAGE DAILY 72.995 B. SEWER -PEAK 73,945 AVERAGE DAILY 56,880 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. Packet Page -4343- February 4, 2011 a�vc�¢- aiukwrclmu m - m \r�¢ na�nr ys�yr \mo \�iv11 -titi£ti- aged IaPed3 1p sum gas Igm ok mix s a< "° pit, ENSNN 60 gi m =k w £ m ;$y°iRRti" $�W� YVIVIAN NXL` U �o � Z ,.z no m C zw � 30� F z LL O is � m i• � as Re R° R _-R g g = � �� k � € £ £ � � �� g �� b �R g� _� � �� a " � i$' q @$ $ "� $@$'-m § ' 8 bq <� figpg* �M ggI m b B e 1p Y xa $ i gygg n E3 Qa�€ h m n g 8 g@ Y Y 1 gq ffi p�+& Phi gk €gg w�w� m ! 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TRAFFIClTRANSPORTATIQN ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Palermo Cove & Wolf Creek RPUD- Amendments (NW corner of Collier Boulevard & Vanderbilt Beach Drive) November 3, 2012 Prepared by: JM9 TRANSPORTATION ENGINEERING, INC. 761 21 ° STREET NW NAPLES, FLORIDA; 341 20 t239t 919 -2767 CERTIFICATE OF ALI'I`HORIZATION 'NO. - 27830 (PROJECT NO. 1 2081 4) dAIME M BiAHK&, P.E. DATE FLOR RES. NO. - 43E36O Packet Page -4349- 5/14/2013 17.C. TABLE ' QF CONTENTS Conclusions 2 Methodology 2 Scope of Project Table ,A - Approved RPUDs 3 Table B - Approved RPUDs vs. Proposed Amendments 3 Project Generated Traffic 4 Table C - Net New Site - Generated Trips Table 1- Trip Generation Computations 41 Existing + Committed Road Network Table 2A - Area of ImpacVRoad Classification 51 Project Traffic Distribution o Area of Significant Impact { Table 2A - Area. of Impact/Road Classification 6.1 2012 thru 2020 Project Build -out Traffic Conditions ' Table 2B -2012 & 2020 Link Volumes 7 Table 2C - 2020 Link Volumes/Capacity Analysis 7.2 Appendix 8 1 Packet Page -4350- 5/14/2013 17.C. 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 accornmodate the traffic associated with the completion of the remaining 400 single - family units. As determined, 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. Methodology The traffic impact statement methodology was established during the project's pre_ 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 ethers 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 R.PLiDs. It was agreed that only an evaluation.ofproject's effect on the capacity/L OS of C.R. 951 and Vanderbilt Beach Road needed to be deterrnined. 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 6171 dweliing,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 Packet Page -4351- 5/14/2013 17.C. 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 Anvroved 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 23 7 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 units on the balance of the two sites. Table B A proved RPUDs vs. Frn Dosed Amendments Approved Number of Dwe! . Units Constructed or to be Constructed by 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 ' S 9 1 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 23 7 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 units on the balance of the two sites. Table B A proved RPUDs vs. Frn Dosed Amendments 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 Vanderbilt Beach Road. However, the ,extension of Pristine Drive is subject 3 Packet Page -4352- Approved Units Proposed Amendment Total, as Proposed. 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 1 591 d.u.'s 163 d.u.'s Totals 1 1,195 d.u.'s - 204 d.u.'s 991 d.u.'s 1 591 d.u.'s 400 &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 Vanderbilt Beach Road. However, the ,extension of Pristine Drive is subject 3 Packet Page -4352- 5/14/2013 17.C. 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 Manual, Stn Edition. That is, historical traffic data collected at similarland uses was relied upon in estimating the project's traffic. It was concluded that laud use code "Single - Family Detached Housing" (LUC 210) was most appropriate in estimating the new trips associated with the proposed project. As determined, the project's new trips during the AM & PM peak hours will be 300 vph & 366 vph, respectively. Table 1 depicts the computations performed in determining the project's new trips. Table C New Site- Generated Trips (Summation.of'7able l) Daily Weekday ANI Pear Hour PM Peak Hour Trips Generated- Trigs Generated Trips Generated (ADT) { h AvPfl) 4 Packet Page -4353- 3,722 300 3 Daily Weekday ANI Pear Hour PM Peak Hour Trips Generated- Trigs Generated Trips Generated (ADT) { h AvPfl) 4 Packet Page -4353- 5/14/2013 17.C. 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 Immokaiee Road and Marco Island. Within proximity of the site, the posted speed limit of C.R. 951 is 45 MPH. Wolfe Road is a two -lane road that extends west from its intersection with C.R. 951 and terminates just beyond the entrance to the Golden Gate Fire Department's Emergency Response Station. Between its western terminus and its planned intersection with Pristine Drive, the road will. need to be constructed as a two -lane public road. 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 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. 5 Packet Page -4354- c no ©0 s z w'w 5/14/2013 17.C. W CO -zz goo C) my v� m 0.011Zl s Ile c4 N °> �= Of CY ti; 0 0 a z` cs = E a s Lv > L CO to ccs co �`- U � � cw ca CD Cl to In Ja n LL N Q W J �o -� c� >000C� r. r_ LO ao E M CO v CO CO Gt! `L) c a E a G w Ucdo�CO M M — �a � •- m Q m m C.) R ti t3 C J CL .Q. py CO O p - IM 'S '✓ C? m J t �\ G +� d AD Q = Packet Page -4355- 5/14/2013 17.C. 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 service capacity, then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways. Roads and intersections that were identified as being within the projects area impact are shown in Table 2A. 6 Packet Page - 4356 - c 00000 wo Z > Z z 5/14/2013 17.C. E } ae CD gr+tj rr ti t0 V .CID Co <m r rCrjr'j U CL NCNCV Co ic NCV Q` } +. Y r 1- E1 C3 Co N, CV n. Co Q Z O G o m a a a v � LC 0 yp CV ti CN CV Cn Cfl O � U. ♦ 0 W 0 Y C, C3 0 C) C7 C3 m� C� ._ m N N C*4 �} m i4 C3ClOd wLl G v cc CL oIC3dp CD w 0 CD ert eh N v � � a a a w W c } �- Le C� m c ° > w Z. a o s Cl o a m m o m a c 0 m C E q c O to a o Packet Page -4357- 5/14/2013 17.C. 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 how /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 traffic. Table 2C provides a summary of the 2012 thru 2020 traffic conditions and the roadways' level of service and remaining available capacity. I As °shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. 7 Packet Page -4358- 5/14/2013 17.C. N' CD � N a CV N N -YV [M N CL a 2 O �. 0) h Co C) CD .h- O r N N m m r r. 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Deviation #1 seeks relief from Section 4.06.02 of the LDC, 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 Palermo Cove PUD. Approval of the deviation will permit development of a unified development plan. Deviation 2: Deviation #2 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. See Exhibit E -2, Alternative Pathways Plan, 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. 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. Deviation 3: Deviation #3 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 road. See Exhibit C -1, Private Road Cross - section, 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 in a gated community. A cross- section of the proposed internal private road is provided. Deviation 4: Deviation #4 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 1,400 feet in length with appropriate 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 Deviation Justifications (rev2) 2- 28- 2013.doe Pagel of 3 Packet Page -4367- 5/14/2013 17.C. authorized to grant this deviation administratively; however, the owner wishes to have certainty in order to proceed with engineering design. Deviation 5: Deviation #5 seeks relief from LDC Section 4.05, which requires parking for accessory recreational facilities to be provided at 50% of the normal LDC parking requirements when dwelling units are located greater than 300' from the recreational facility, to permit parking for all accessory recreational facilities located in the amenity area as depicted on the Master Plan to be based on square footage rather than individual components at a calculation of one space per 200 square feet of building area. Justification: This deviation is justified in this PUD due to the limited number of dwelling units proposed, the limited size of the amenity tract, and its central location within the community. This is a gated, non - golf course PUD and the Developer is limiting use of the facility to residents (and guests) of the Palermo Cove PUD, the 163 dwelling units the Developer controls in the adjoining Wolf Creek PUD. The overall PUD has been designed with a pedestrian pathways plan which provides easy walking access to the amenity center for residents, and the Developer will provide bicycle parking on -site in order to provide alternatives to automobile use. Further, the Developer is proposing only single - family dwelling unit types within the PUD, and it is anticipated that at least 30% of the dwelling units will have an individual swimming pool. The Developer has been involved in numerous master planned communities in southwest Florida and has utilized the proposed parking standard in other communities without issue. The developer is confident that providing parking at the proposed ratio will not result in a shortage of available parking for residents and guests of the community, nor will it create any public safety issues. 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. This deviation shall only be permitted in the event Deviation #7 is not utilized. 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 7: Deviation #7 seeks relief from LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, which allows two ground signs at each residential entrance, to permit either one sign to be located on the north east comer of the property facing Collier Boulevard and one sign to be located at the intersection of Wolf Road as depicted on Exhibit E -1, or to permit a single monument V- shaped sign on the north side of Wolfe Road, and to permit a maximum sign /wall Deviation Justifications (rev2) 2- 28- 2013.doc Page 2 of 3 Packet Page -4368- 5/14/2013 17.C. height of 10' above the grade of Collier Boulevard, with a maximum sign area not to exceed 80 square feet, as conceptually depicted in Exhibits E -3 and E-4. Justification: The deviation is warranted due to the project's location on the north side of Wolfe Road, adjacent to the 6 -lane segment of Collier Boulevard, and the presence of a Collier County drainage easement encumbering a portion of the project at the Wolfe Road intersection. Wolfe Road is the primary access to the Palermo Cove PUD and given the location on the north side of Wolfe Road, there is no current opportunity to install signage on the south side of Wolfe Road to identify the project for motorists. The area north of Wolfe Road has been developed with Wolfe Road as a signalized intersection which will provide the primary access to the Palermo Cove RPUD. The Developer desires to create a signature entry feature that incorporates project signage for the project. The 80 square feet sign proposed allows the sign to be at an appropriate scale for the entry feature and allows appropriate signage for a large intersection and it addresses the setback from the intersection. The sign will be embellished with decorative wall treatments and landscaping. Deviation Justifications (rev2) 2- 28- 2013.doc Page 3 of 3 Packet Page -4369- 41 strict Schooj O� 5/14/2013 17.C. Collier County School District School Impact Analysis Application to I C 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 0 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. Collier Cou'o'� For information regarding this application process, please contact the Facilities Management Department at 239 - 377 -0267. Please check [4] type of application request (one only): [X] School Capacity Review [ ] Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, I. Project Information: Project Name: Palermo Cove RPUD Municipality: Collier County Parcel ID #: (attach separate sheet for multiple parcels): Please see attached Property ID numbers list Location /Address of subject property: 4295 Wolfe Road (Attach location map) Closest Major Intersection: Wolfe Road and Collier Boulevard north of Vanderbilt Beach Road II. Ownership /Agent Information: Owner /Contract Purchaser Name(s): Raffia Holdings of Naples 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 Springs FL 34134 Telephone#: 239.947.1144 Fax: 239.947.0375 Email warnold(a--)gradyminor.com 1 hereby certify the statements and /or information contained in this application with any attachments submitted herewith are true and corrept to the be, f my knowledge: Owner or Authoriz gent Signature Date III. Development Information Project Data nit Types defined on page 2 of application) Current Land Use Designation: Residential I Proposed Land Use Designation: Residential Current Zoning: RPUD Proposed Zoning: RPUD Project Acreage: ilrsili 7 P.." Total Units Currently Allowed by Type: 524 Total Units Proposed by Type- 237 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date /time stamp: Packet Page -4370- Palermo Cove PUD Amendment A*-%" Property ID Numbers Folio Numbers: 00203720006 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203760008 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203360000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203440001 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00203480003 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Folio Numbers: 00204000000 Name: RAFFIA HOLDINGS OF NAPLES LLC n Street# & Name: NO SITE ADDRESS Folio Number: 00203400009 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: 4295 WOLFE RD Folio Numbers: 00203920000 Name: RAFFIA HOLDINGS OF NAPLES LLC Street# & Name: NO SITE ADDRESS Packet Page -4371- 5/14/2013 17.C. Page 1 of 1 5/14/2013 17.C. 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 list, and copy of newspaper advertisement which are hereby made a part of this Afj State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 3rd day of Janu , 2013 by Sharon Umpenhour, who is personally known to me E)r- whe has pr-ed ee (Signature of NOIT ublic) Printed Name of otary NmYIMYA. SCHER IN C4ARISSION# EE 047547 EXPIRES: December 12, 2014 BMW Thra NONy PuW Undetwri w a (Notary Seal) G: \NIM Procedures /Affidavit Of Compliance - NIM Oct2010.13oc Packet Page -4372- 5/14/2013 17.C. GradyNlinor Civil Engineers - Land Surveyors • Planners • La.ndscape 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. C. Grady Minor 8 Associates, P A. Ph. 239 - 947 -1144 e Fx: 239 - 947 -0375 3800 Via Del Rey EB 0005151 - LB 0005151 - LC 26000266 Bonita Springs, FL 34:134 ��u�j.gradyminoncom Packet Page -4373- 5/14/2013 17.C. RE Neighborhood Information Meeting Petitions PUDZ4- PL20120000680, Palermo Cove RPUD and PUDZ4- PL20120000650, Wolf Creek RPUD December28, 2012 Page 2 of 2 I� I 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 � 1 N Ess J "T J ` 1s s ImmokW Rd t 1^ U J � e >r I"p 3. Immo lee -- `y (q _ #a# kil r- -ivt' +i__;'--.r...�.. ��-6 `2'i �• =f—�_. 11 T 1 �j{ A; j = syy4^rYyRT ' cm`m cAe \ I Y.f��`'1i� � i• �la�i J� �� o r It �, ; lean i Bea • i , I f-- .. � � -a-_' PALERMO COVE RPUD AND WOLF CREEK RPUD PROJECT LOCATION MAP Packet Page -4374- 5/14/2013 17.C. e 0 0 0 0 . a m mN . 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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 1044 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 -4385- 5/14/2013 17.C. 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 -4386- R _51L NAPLES DAILY NEWS INF ORM 10 Published Daily _21 - P Naples, FL 34110 Palermo Cove RP -ali PL DZA-PL 50, Wolf Creek RPUD Affidavit of Publicath Jhe pubilcis.inviteld"to attend a,nie` held by D. Wayne Arnold, AiCP, "D. Yova novich, Esq. of Coleman, of Q. Gradj r Associates :,_Y a iw, repre Holdings of Naples LLC and Wolf State of Florida :)vlanoVich a Creek Naplas'Qdiribs1Mon: Counties of Collier and Lee Januaryl4o-2013 - 5:31) pm t the Before the undersigned they serve as -,,'Golden Gate Fire Cont -nd Rescue District Station 73, appeared Amy Davidson, who on oat. 14575 Bo Ward, Naples, FL 34113. "'RPUD, approximately 131-t,acres, and Wolfe Inside Sales Supervisor of the Naples 1 r#,, lig"' o C6 The Subject proper es4 newspaper published at Naples, in C Creek RPUD, appr acres, located in the northwest, paclTn't of Collier co distributed in Collier and Lee counties Boulevard and Vanderbilt Beach Road in Section lanon 26 East, Collier County, Florida. 6W c) attached copy of the advertising, bell fi PUBLIC NOTICE V R� in the matter of PUBLIC NOTICE mi was published in said newspaper I tin N10— % on January 6, 2013. _p Affiant further says that the said Nal published at Naples, in said Collier C( newspaper has heretofore been contra rn is petitioning Collier county to amend tr,e ex�stingP# County, Florida; distributed in Collier nrendments are being raquerst0dto per m't the _'--- each day and has been entered as seco: k. RPUD to do yelop a common Master P n Pale*"w office in Naples, in said Collier Count 'RPUD. The revised p Goy oul year next preceding the first publicatii advertisement; and affiant further says promised any person, firm or corporati commission or refund for the purpose publicat'lon in the said newspaper. (Signature offaffiant) n to and subscrib�d before me I 15t" day of1jainuary, 2013. (Signature of notary public) CAROL POUDORA 4 My COMMISSION # EE 851756 EXPIRES- November 28, 2014 -Y .... Bonded Thru piInsurance rd insnce Age", 5/14/2013 17.C. 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 and who di&did not take an oath. " KBr MYA SOM W COAMMON # EE 047547 EXPIRES: December 12, 2014 ' Boix�atlTtxuNoiaryPubAciMde�wnAas My Commission Expires: (Stamp with serial number) SikaTiire of Notary fub is -, Printed Name of NotAry Public Packet Page -4388- -688t,- @SEd I@Ped O'L � c WZ /tV9 5/14/2013 17.C. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, 'FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY 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 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 1151 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 2005 -34 AND 2006 -30, THE FORMER PALERMO COVE RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold, AICP of Q. Grady Minor, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & 'Koester, P.A., representing WCI Communities, Inc., petitioned the Beard of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,; FLORIDA, that: SECTION ONE: The .zoning classification of the herein described real property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida is changed from a Residential Planned Unit Development (RPUD) to a RPUD zoning district for a project known as the Palermo Cave Residential Planned Unit Development to allow up to 237 residential dwelling units in accordance with the RPUD Documents, attached hereto as Exhibits A through F, and Palermo Cove RPUD 1 of 2 PUDZA- PL20120000680 — rev. 4/22113 Packet Page -4390- , 5/14/2013 17.C. incorporated herein by reference. The appropriate zoning atlas map or maps as described in n Ordinance Number 04-41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO; Ordinance Numbers 2005 -34 and 2006 -30, known as the Palermo Cove RPUD, are hereby repealed in their entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK.. COLLIER COUNTY, FLORIDA Deputy Clerk BY: GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton =Cicko Managing Assistant County Attorney Attachments: Exhibit A - List of Allowable Uses Exhibit B Development Standards Exhibit C - Master Plan Exhibit C -1 — Private Road Cross Section Exhibit C -2 —Public Road Cross Section Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit E -1 — Sign Location Exhibit Exhibit E -2 Alternative Pathways :Plan Exhibit E-3— Entrance Signage Concept Character Sketch Exhibit E -4 - Conceptual Entrance Sign Plan View Exhibit F - Development Commitments CP112- CPS - 01202153 Palermo Cove RPUID PUDZA- PL20120000680 — rev. 4/22/13 2 of 2 Packet Page -4391- 5/14/2013 17.C. EXHIBIT A FOR PALERMO COVE RPUD Regulations for development of the Palermo Cove RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply, PERMITTED USES: A maximum of 237 dwelling units shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL A. Principal Uses: 1. Single family dwellings, detached 2. Single family dwellings, attached 3. Variable lot line dwellings, single family 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 separation between principal structures is.maintained. 4. Passive parks and architectural features, such as park benches S. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code (LDC), S. Accessory Uses: 1. Guardhouses, gatehouses, and access control structures. 2. Model homes and model home centers including offices for project administration, construction, sales and marketing. 3. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not 'limited to swimming pools, spas and screen enclosures, and recreational facilities all designed to serve the residents and their guests, and essential services as described in Section 2.01.03 of the LDC. --� 2012 Amendment, revised 4- 18.2013 Page 1 of 17 PL2012 -0680, Potermo Cove RPUD Packet Page -4392 - P► 5/14/2013 17.C. RECREATION A. Principal Uses: 1. Clubhouses, no restaurants shall be permitted. 2. Community administrative facilities. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, parks, playgrounds, pedestrian /bikeways, and passive and /or active water features (private intended for use by the residents and their guests only). S. Tennis clubs, health spas and other recreational clubs (private, intended for use by the residents and their guests only). 6. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development' Code (LDC). B. Accessory Uses; 1. Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Retail establishments (pro shop) accessory to the permitted uses in the District such as, but not limited to, tennis, and other recreational related sales. 3, Cafes, snack bars and similar uses intended to serve residents and guests. 4. Tennis courts, swimming pools and all other types of accessory facilities intended for outdoor recreation (private intended for use by the residents and their guests only). 5. Community maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices, 6. Any other use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals. PRESERVE 2012 Amendment. revised 4- 18.2013 Page 2 of 17 PL2012-0680. Palermo Cove RPUD Packet Page - 4393 -'' 5/14/2013 17.C. A. Principal Uses: 1. Native preserves. 2. Water management. 3. Mitigation areas. 4. Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. B. Flowway: The 28.411± acre preserve is used as a flow -way for storm water per South Florida Water Management District permits, and as such will also be placed in a drainage easement in favor of SFWMD that will allow for maintenance activities to be performed to ensure that the flow -way always functions properly. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land -uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I I. Guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks 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 site distance issues for motorists and pedestrians. Maximum Height I Zoned: 25' Actual: 30' I' Setbacks PUD Boundary: 10, except fences or wails shall have no setback. 1 2012 Amendment. rev9sed 4- 18.2013 Page 3 of 17 PL2012 -0680, Palermo Cove RPUt? Packet Page -4394- �U.A 5/14/2013 17.C. EXHIBIT B FOR PALERMO COVE RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE- VARIABLE LOT SINGLE FAMILY RECREATION Side FAMILY LINE FOR SINGLE ATTACHED 10 feet PUD Boundary DETACHED FAMILY 15 feet 15 feet Minimum Lot Area 5,000 SF 4,0D0 SF 3,500 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 N/A Minimum Rear Yard Principal *1 15 feet 15 feet 15 feet N/A Accessory *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 Structures 12 feet 10 feet 10 feet N/A Principal Structures *5 Floor Area Min. (S.F.) 1500 SF 1000 SF 1000 SF N/A PUD Boundary 15 feet 15 feet 15 feet 15 feet Adjacent to Parcels 1A, 2A and 2B 0 feet 0 feet 0 feet 0feet of Wolf Creek PUD Preserve 25 feet 25 feet 25 feet 25 feet Front 20 feet j 20 feet 20 feet 20 feet Side 0 feet 0feet 0 feet 10 feet PUD Boundary 15 feet 15 feet 15 feet 15 feet Adjacent to Parcels 1A, 2A and 28 0 feet 0 feet 0 feet 0 feet of Wolf Creek PUD 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 unit type, and not the minimum lot area, shall define the n development standards to be applied by the Growth Management Division during an application for a building permit. For all variable lot single family units and single family attached, a conceptual exhibit showing typical building configurations, including 2012. Amendment, revised 4 -18 -2013 Poge 4 of 17 PL2012 -0680, Pofermo Cove RPUD Packet Page -4395- 5/14/2013 17.C. building setbacks and building separations, shaft be submitted to the Growth Management Division with the application for the first building permit for the platted development tract. Verification of ingress /egress for maintenance shall be provided for variable lot line single family units. n All distances are in feet unless otherwise noted. * 1— Rear yards for principal and accessory structures on lots and tracts which abut lake or open space areas: Front yards shall be measured as follows: A. if the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if 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 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 (0') 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, 0 detached. 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C — C) Li � CI Li p Li I W O ; t - w J Z. v _.. C ? <. r ^T` Am .01 4i _ LL eu S■ - -yr C.) Cr v � !3*�'� ev N D. '.. "V Ste. U c t!) a m Packet Page -4399- `- "l 5/14/2013 17.C. AQ Packet Page -4400- �` w' I m} r LT N. tJ7 W d 4. \ \\ {� Q m m Q W Q f a V r•. x z N l.a.... N b Lo IL a i VI G i w' } l � LD J tC. ..., g W> LAJ C. t'y .tai Ln ' ya 7 z. g Y _ , 1 of i v wa UJ Li in 2 vN to 0 xr O F- to & o `S N Packet Page -4400- �` 5/14/2013 17.C. EXHIBIT D /o-N FOR PALERMO COVE RPUD LEGAL DESCRIPTION BEING A PORTION OF LAND LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE CENTER SECTION CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA THE SAME BEING A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4714, PAGE 2675, PUBLIC RECORDS, COLLIER COUNTY FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE NEXT (2) CALLS: 1) NORTH 02 "17'03" WEST, A DISTANCE OF 668.97 FEET TO 'A POINT HEREIN AFTER KNOWN AS "POINT "A "; 2) THENCE NORTH 89 °52'01 WEST, A DISTANCE OF 1,255.70 FEET; THENCE NORTH 00-08'14- EAST, A'DISTANCE OF 157;48 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE WESTERLY 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 NORTH 69'46'49" WEST, A DISTANCE OF 83.55 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHWESTERLY 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 NORTH 49 °58'34" WEST, A DISTANCE OF 67.75 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHWESTERLY 54.96 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 14 °18'51 ", (CHORD BEARING NORTH '33 °57'41" WEST, A DISTANCE OF 54.82 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; THENCE NORTHWESTERLY 52.79 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 75 °37'08 ", (CHORD BEARING NORTH 64 °36'49" WEST, A DISTANCE OF 49.04 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE WESTERLY 111.61 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 180.00" FEET, A CENTRAL ANGLE OF 35 °31'37 ", (CHORD BEARING NORTH 84 °39'35" WEST, A DISTANCE OF 109.83 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; THENCE WESTERLY 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 SOUTH 89 °00'21" WEST, A DISTANCE OF 351.13 FEET) TO A POINT ON -A REVERSE CURVE TO THE RIGHT; THENCE WESTERLY 238.56 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 325,00 FEET, A CENTRAL ANGLE OF 42 °0325', (CHORD BEARING SOUTH 85 °56`12" WEST, A'DISTANCE OF 233.24 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; THENCE WESTERLY 126.29 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 16 °49'40 ", (CHORD BEARING NORTH 81 °26'56" WEST, A DISTANCE OF 125.84 FEET) ; THENCE NORTH 89 °51'46" )NEST, A DISTANCE OF 84.45 FEET; THENCE NORTH 01 °15'45" WEST, A DISTANCE OF 44.93 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHEASTERLY 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 NORTH 37 °21'31" EAST, A 'DISTANCE OF 76.05 FEET) TO -A POINT ON A REVERSE CURVE TO THE LEFT, THENCE NORTHEASTERLY 21.41 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 40 "53'51 ", (CHORD' BEARING NORTH 25'31'05" EAST, A DISTANCE OF 20.96 FEET) TO A POINT ON A NON TANGENTIAL CURVE 'TOTHE RIGHT; THENCE NORTHERLY 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 NORTH 08'44'13" EAST, A DISTANCE OF 211.88 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 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 NORTH 06 °57'20" EAST, A DISTANCE OF 62.44 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 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 NORTH 01 °10'52" WEST,A DISTANCE OF 85.93 FEET); THENCE NORTH 10°2228" WEST, A DISTANCE OF 73.39 FEET; THENCE NORTH 04 °30'25" WEST, A DISTANCE OF 65.59 FEET; THENCE NORTH 18 °28'14" WEST, A DISTANCE OF 65.844 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHERLY 88.00 FEET ALONG THE ARC OF SAID CURVE, RAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 24 °00'38 ", (CHORD BEARING NORTH 07'14'58" WEST, A DISTANCE OF 87.36 FEET); THENCE SOUTH 87 "46'17" WEST, A DISTANCE OF 364.37 FEET TO A POINT ON THE BOUNDARY OF SAID OFFICIAL RECORDS BOOK 4714, PAGE 2675; THENCE _ALONG' SAID BOUNDARY FOR THE FOLLOWING (10) TEN CALLS: 1) NORTH 02'14'01" WEST, A DISTANCE OF 282.84 FEET; 2) THENCE SOUTH 89 °52'33" EAST, A DISTANCE OF 1,321.20 FEET; 3) THENCE NORTH 02 °15'32" WEST, A DISTANCE OF 668.85 FEET; 4) THENCE SOUTH 89`52'49" EAST, A DISTANCE OF 1,320.90 FEET; 5) THENCE SOUTH 02 °17'03" EAST, A DISTANCE OF 2,006.90 FEET TO THE AFOREMENTIONED POINT 'W'; 6) THENCE SOUTH 89 °52'26" EAST, A DISTANCE OF 1,321.62 FEET; 7) THENCE SOUTH 02 °16'03" EAST, A DISTANCE OF 334.65 FEET; 8) THENCE SOUTH 89'51'59" EAST, A DISTANCE OF 1,146.37 FEET; 9) THENCE SOUTH 02 "15'03" EAST, A DISTANCE OF 334.80 FEET; 10) THENCE NORTH 89'51'32" WEST, A DISTANCE OF 2,467.73 FEET TO THE POINT OF BEGINNING. CONTAINING 114.67 ACRES, MORE OR LESS_ 201`2 Amendment, revised 4- 18-2013 Poge 10 of 17 PL2012 -0680, Polermo Cove RPUD Packet Page -4401- , 5/14/2013 17.C. EXHIBIT E FOR PALERMO COVE RPUD LIST OF REQUESTED DEVIATIONS 1. From Land Development Code (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 Master Plan. 2. 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 (see Exhibit E -2 Alternative Pathways Plan), 3. From LDC Section 6.06.01.0, Street System Requirements and Appendix 8, Typical Street Sections and Right- of-Way Design Standards, which establishes :a 60 foot wide local road to allow a minimum 40' wide private road. See Exhibit C -1 of the PUD Exhibits. 4. 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 1,400 feet in length with no through traffic signage. S. from LDC Section 4.05.04, Parking Space Requirements, which requires parking for accessory recreational facilities to be provided at 50% of the normal LDC parking requirements when dwelling units are located greater than 300' from the recreational facility, to permit parking for accessory recreational facilities to be based on square footage rather than individual components at a calculation of one space per 200 square feet of building area, plus parking at 25% of the parking required per the one space per 200 square feet calculation for overflow parking; The overflow parking may be paved or stabilized grass surfaces. 6. From LDC Section 5.06.02, Development Standards for Signs within Residential Districts, which only allows on- premises signs within residential districts, to permit an off prernise residential sign, if developer is able to obtain a sign easement and PUD amendment from the property owner of the Sonoma Oaks MPUR, located immediately south of the Wolfe Road /Col ier Boulevard intersection. The sign area shall be designed to be a ground mounted sign having the same copy and design theme as that permitted on the north side of Wolfe Road within the Palermo Cove RPUD. This deviation shall only be permitted in the event Deviation #7 is not utilized. 7. From LDC Section 5.06.02.8.6, 'Development Standards for Signs within Residential Districts, which - allows two ground signs at each residential entrance, to permit either one sign to be located on the north east corner of the property facing Collier Boulevard and one sign to be located at the northwest quadrant of the intersection of Collier Boulevard and Wolfe Road as depicted on Exhibit E -1.; or to permit a single V- shaped sign on the north side of Wolfe Road, as conceptually depicted in Exhibits E -3 and E-4. 8. from LDC Section 5.06.02.B.6a and 6b, Development Standards for Signs within Residential Districts, which allows residential entrance signs a maximum sign area of 64 square feet and 8 feet in height to permit a maximum sign area of 80 square feet at a maximum of 10 feet in height above the grade of Collier Boulevard for a V -sign only as described in deviation #7 and as depicted in Exhibits "E -3 and E-4. 20I2 Amendment, revised 4-18 -2018 Pooe 1 I of 17 PL2012-0680, Palermo Cove RPUD Packet Page - 4402 -i 5/14/2013 17.C. 11��II•� s�t�,�I; �p 1(. _AKE 1 PUG BOUNDARY PROJEC, I I ENTRY i SiGNAGE I 10'010 1�a10 -110n r .4 LAKE j PROJECT ENTRY SIGNAGE LJ WOLFE ROAD r Q I r 2 � t DEVIATIONS t(S J 1, PROPOSE`? SIGNAGE IF OFF -SITE SI N IN DEVIATION 7 CANNOT BE OBTAINED, 2. IN NO CASE SHA'=.! THERE BE MORE THAN TWO SIGNS AT THE PROJECT ENTRY AT WOLFE ROAD AND COLLIER BOULEVARD REVISION 3: 04/02/2011 3 PER CCPC HEARING, COUNTY ATTORNEY MARK -UPS REVISION :2: 03/22/2013 3 PER Cl-PC HEARING 0 60' 320' REVISION 1. ' =t /0i,'2O'2 PEP COU14TY REVIEW #1 COMMENTS i � SCALE: _ 120' I PALERMO COVE RPUD 0 GradyMinar Fa _ EXHIBIT E -"r Cf+A!fnetar rs • IauM 3nrvr,Wsrs . €Ywtreth . Landeepe Artditects SIGN LOCATION EXH$ ?T �wurt pass a. tlR.VllFt.iZ90fBr5i eert a.••,+ams.tewastss &4LNFkc; q�9(riM. e.ws L- .a.�Rl .w- AiredY4/faw. care r/, /;Mghbnw,wa M.ncunxi. P:.i... 6t1[i' 1 or i .RM _, F - P E M T'Lo Wor mm . mrsomm = Packet Page - 4403 - 5/14/2013 17.C. o , n 111 -.I a w J I LLJ in LL Q W i Grp YBaa3a -g KM ART - k kY C e s y ru*u L:. ciE i L CL r= 3� t x x 4 �I Packet Page - 4404 - tE Packet Page -4405- 5/14/2013 17.C. a Q PC: d OM 'x SRI Packet Page -4405- 5/14/2013 17.C. a Q PC: d OM 'x Existing Aerial View 5/14/2013 W.C. Existing View from Northbound Lane 5/14/2013 17.C. EXHIBIT F FOR PALERMO COVE RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this Ordinance, 2. TRANSPORTATION A. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the Issuance of the first certificate of occupancy (CO). B, All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. C. Adjacent developments have been designed to provide shared access or interconnections with this development. The RPUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is available and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. D. Wolfe Road east / west storm water drainage will be incorporated into the storm water drainage system of this RPUD. The developer shall accept, store, and attenuate stormwater for the Wolfe Road corridor from CR -951 to the project intersection. E, The Developer shall be responsible for the proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at the Wolfe Road and Collier Boulevard intersection should the existing traffic signal be modified to be fully operational. 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. F. Wolfe Road shall be extended approximately 1,500 feet, from the current terminus of Wolfe Road to the project entrance, prior to the issuance of the first certificate of occupancy. The Developer shall design and construct Wolfe Road at the developer's cost, as a public road consistent with the cross - section shown in Exhibit C -2 of this PUD. The County will accept the roadway and maintenance responsibility upon completion of the roadway improvements to the County's satisfaction and County's specifications and upon Wolfe Road's connection to Vanderbilt Beach Road via Pristine Drive. 2012 Amendment. revised 4-18 -2013 Pone 16 of 17 Pi.2012 -0680: Palermo Cove RPUD Packet Page -4407- 5/14/2013 17.C. 3. ENVIRONMENTAL A minimum of 254 of the on -site native vegetation must be retained. 50.59± acres of native vegetation exists on -site requiring a minimum preservation of 12.65± acres of native vegetation to be retained. 4. PLANNING A. Where residential or recreational development areas abut the Wolf Creek PUD, no buffers or building setback shall be required. B. Construction of the clubhouse shall commence no later than the issuance of the 5 0t" building permit and shall be completed within 24 months of issuance of the 50a' building permit. S. WATER MANAGEMENT The water management system shall be designed to route existing off -site surface water flows through or around the project. These conveyance facilities shall be sized such that post construction water levels are lower than or equal to existing water levels on the surrounding lands. These improvements shall be made prior to the issuance of the first residential certificate of occupancy. 6. RPUD INTERFACE WITH ZONING TO THE NORTH The Palermo Cove RPUD is bounded on the north by the 9.4 acre property that was rezoned to Golden Gate Fire Department (GGFD) Station 73 MPUD, to provide for a community facility (Golden Gate Fire Control and Rescue District Station 73), as well as the final 16 dwelling units in the attached single - family townhouse product tine partially developed in the Summit Place In Naples Subdivision. The 9.4 acre parcel within the Palermo Cove RPUD lying south and adjacent to the existing GGFD Station 73 MPUD will provide road access to the Palermo Cove RPUD, as well as road access to the existing fire station from Wolfe Road. It also provides for a water management easement to benefit Collier County for the Collier Boulevard six -lanng project. This RPUD has been designed to share perimeter land use buffering and to create contiguous adjoining conservation areas with both the existing GGFD Station 73 MPUD and the developing Summit Place In Naples Subdivision. Storm water run -off will be accepted from off -site areas to pass through the Palermo Cove master drainage system. 7. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Raffia Holdings of Naples LLC, 265 Sevilla Avenue, Coral Gables, Florida 33134. Should the Managing Entity desire to transfer the monitoring and commitments to a successor, entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of Its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2012 Amendment, revised 4-16 -2013 Pace 17 of 17 PL2012 -0680. Palermo Cove RPUD Packet Page -4408- 5/14/2013 17.C. 7-, T, - ;c 240 W.Friday-Aprit 26,2013 a NAPLES DAILY NEWS .NOTICE OF.INTENT10 CONSIDER ORDINANCE Notice is hereby given, that on Tuesday, May 14.'2013 in the 'Board of 'County Commissioners Meeting rRoom, Third. Yloor, Collier'Government Center, 3299 East Tamiarni Trail, Na Naples; FL. the Board of County Commissioners (BCC) will consider the -enactment of County Ordinance. The meeting .'will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ; � � " t: IN, ,. PUDZA-PL20120000680 —AnOrdinance of the Board of County Co"Whissionens of Collier County, Florida, isrhiphding'Ordlinance Number 04-41, as - he compre Collier County Land Development Code, which established the h%6sive zoning regulations for the unincorporated area '°of..Coillei:,CoLmty,*'Florida by amending the %propriate zoning atlas map or maps. b ma Unit approxi to t .16 acr a Palermo Cove Residential Planned Development (RPUDY, n d by changing the zoning classification of the herein described real property from a RPUD zoning district to a RPUD zoning district for a protect . known as the Palermo Cove RPUD, by. revising project development standards, adding deviations, adapting -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 anti west 'ofCollier Boullevard.(C.R * 951) In Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 11 S acres, providing for the repeal of Ordinance Numbers 2005-34 and 2006-30, the di .former Palermo Cove RPUD; and by rovi Ing an effective date.tCompanion to a ff e PUDZA-PL20120OW6SO: Wolf Creek PUE) A Copy of the proposed .Ordinance is on file with the Clerk to the Board and is available for Inspection. Al I 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 item. The selection of an individual to speak on behalf, of an organization or group is encouraged. If • recognized by the'Chairman, a spokesperson fora group or organization. may 'be allotted 10 minutes to speak on an item.. Persons :wishing to have written or graphic materials Included in the. Board agenda .packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered'by the Board shall be submitted to the appropriate County staff a minimum ofseven days Kior to .the public .hearing. . All material used. in presentations before the Boar .1l1 become a permanent part of the record. Any person who decides to appeal a decisiomof the Board will need a record of-the proceedings I pertaining thereto and therefore, may need to ensure that .a verbatim record Oth eedings - is made, which record includes the testimony and roc evidence .9ich the appeal is based. If you are "a peii6n:with' a,disability who :needs any accommodation in order to -participate7 in this proceeding,'you are entitled, at no cost to you, to the.provision oUiiertain;,assistance. Please. contact the Collier County Facilities Management Depiirtibeht, located it 3335 Tamiami Trail Easi, Suite 101; 'Naples, fL,- 34112-5356, .(239)252-8380,.at least two days prior to the meeting.-Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office.- BOARD OF COU 'i§4ildhiRS COLLIER COUNTY FL,.A.0k. GEORGIA A. HILLER,. ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Ann Jermejohn; Deputy Berk AnriL2fi. 2013 Nn- 1987791; Packet Page -4409-