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Agenda 06/26/2012 Item # 9A6/26/2012 Item 9.A. EXECUTIVE SUMMARY Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, for a project identified as PUDA- PL20110001497: Bent Creek Preserve RPUD by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Companion to Item 11b] OBJECTIVE: To have the Board of County Commissioners (BCC) 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 rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is seeking an amendment to the existing PUD zoned project known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units. The original PUD zoning was approved on December 12, 2006 via Ordinance 06 -62. That approval provided for a maximum of 968 dwelling units using an Affordable Housing Density Bonus Agreement to generate 415 additional units. The project could be developed with any combination of single- family, attached or detached units or multi - family units. The applicant's agent provided the following introduction for this amendment: Ownership of the subject property has changed and revised development intent is being pursued through this petition. The project proposes to substantially reduce the project density and revise the internal layout of the development without any changes to the boundaries of the Preserve Tract required open space, and overall project boundary. There are refinements to development standards for land uses proposed in recreation areas to improve compatibility with future residences. PUDA- PL20110001497: Bent Creek Preserve RPUD Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -32- Page 1 of 7 6/26/2012 Item 9.A. The proposed changes are summarized below (taken from the narrative statement provided in the application): • A reduction from 968 to 450 residential dwelling units; • Open space, including 22 ± -acres of stormwater management lakes, and three areas intended for community recreation and common open space identified as Recreation Areas on the RPUD Master Plan, Exhibit C. Other recreation areas containing buildings and facilities may be developed in Residential Tract R, subject to compliance with the same development standards for Tract RA as contained in Exhibit B of the RPUD Ordinance Exhibits; • Two points of ingress and egress will be provided to the property; with one from Immokalee Road and one from Woodcrest Drive, instead of the originally proposed two access points on Immokalee Road and on Woodcrest Drive; and • The current Summit Lakes PUD requires the developer to provide Affordable Housing Units for low- income residents that will include a maximum of 10 percent of the total number of residential units for Workforce Housing and 10 percent for Gap Housing units. This amendment proposes to eliminate the bonus density units provided in association with the Affordable Housing Density Bonus agreement thus the Workforce and Gap Housing unit will be eliminated. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is currently located within the Urban Mixed Use District — Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This Subdistrict allows residential uses, including single family; institutional uses (e.g., church, day care); essential services; and, recreation and open space uses. Review of the Density Rating System deems this project eligible for a base density of 4 DU /A, and a density bonus of 3 DU /A since the project is located within one mile of an Activity Center (Activity Center #3). When added to the base density of four (4) DU /A, the project is eligible for PUDA- PL20110001497: Bent Creek Preserve RPUD Page 2 of 7 Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -33- 6/26/2012 Item 9.A. a gross density of seven (7) DU /A. Based on the site's acreage and the permissible density of up to seven (7) DU /A, this rezone could allow up to a maximum of 969 dwelling units (138.38 acres x 7 DU /A = 968.66 DU's). Affordable Workforce Housing: The proposed rezoning request eliminates the affordable workforce housing component within the RPUD, resulting in the elimination of up to 100 "workforce" units (those individuals earning 61 — 80 % of the area median income) and up to 100 "gap" units (those individuals earning 81 — 150 % of the area median income). Based on the above analysis, staff concludes the proposed uses and density for the subject site are consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has determined that the proposed amendment will not increase the total PM Peak Hour trip generation of this site. Although the per -unit trip generation rate will increase as a function of the changing unit type, the reduction in the total number of units will offset any increases that could be experienced. Therefore, staff concludes that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. As such, 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 (COME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The Environmental Advisory Council Board (EAC) approved the Environmental Impact Statement (EIS) for this project in 2006. The project site consists of 94.41 acres of native vegetation that generally consists of pine flatwoods, hydric pine flatwoods, cypress and Melaleuca wetland habitats. A minimum of 25 % of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The proposed 23.77 acre upland and wetland preserve areas are located mainly in the southern portion of the project site. No listed species or associated nests/burrows /or tree nest cavities were found on site during the updated October 2011 listed species survey. The project area is located within the secondary Florida panther zone and within the core foraging area of three wood stork nesting colonies. The proposed project impacts have been approved by the U.S Fish and Wildlife Service. A total of 36.96 acres of South Florida Water Management District (SFWMD) wetlands were identified on site and a total of 24.45 acres of jurisdictional wetlands are proposed for impact. Impacts to the jurisdictional wetlands shall be mitigated through the SFWMD permitting process. All required permits for impacts to wetlands and listed species shall be required to be submitted to county environmental staff prior to approval of the first development order. Consistent with current regulations, this project is not required to go before the EAC board again since there are no proposed changes to the size and location of the previously approved preserve boundaries and the recently conducted survey found no listed species on the project site. 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 PUDA- PL20110001497: Bent Creek Preserve RPUD Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -34- Page 3 of 7 6/26/2012 Item 9.A. FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard this petition on May 17, 2012 and continued it until June 7, 2012. By a unanimous vote (9 to 0) recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to the PUD document: 1) In Exhibit A, add the clubhouse requirements from Exhibit F, Planning Item B; and 2) In Exhibit B, Permitted Uses, revise Footnote #7 to remove "without a side yard setback between the building containing those units and the next building;" and 3) In Exhibit E, remove Deviation #5 if it is not referenced in the LDC; and 4) In Exhibit E, add a cross section illustrating the proposed Woodcrest Drive buffer; and 5) In Exhibit F, add a commitment for the location of the clubhouse. 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 petition; no one spoke at the CCPC hearing voicing opposition to the project and the CCPC vote was unanimous. Therefore, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Summit Lakes Residential Planned Unit Development RPUD (Ordinance No. 06 -62, as amended) which proposes to repeal Ordinance 06 -62 and reduce the maximum number of dwellings from 968 to 450. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDA- PL20110001497: Bent Creek Preserve RPUD Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -35- Page 4 of 7 6/26/2012 Item 9.A. 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 PUD 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 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. 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 PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? PUDA- PL20110001497: Bent Creek Preserve RPUD Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -36- Page 5 of 7 6/26/2012 Item 9.A. 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 PUD 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 PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (STW) PUDA- PL20110001497: Bent Creek Preserve RPUD Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -37- Page 6 of 7 6/26/2012 Item 9.A. RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Back -up information 3) Ordinance PUDA- PL20110001497: Bent Creek Preserve RPUD Revised: 6/12/12 BCC Hearing Date June 26, 2012 Packet Page -38- Page 7 of 7 6/26/2012 Item 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Companion to Item 11B] Meeting Date: 6/26/2012 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 5/18/2012 2:57:58 PM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/8/2012 4:41:01 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 6/11/2012 9:46:14 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Packet Page -39- Date: 6/12/2012 3:13:02 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/13/2012 5:30:04 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 6/14/2012 9:39:36 AM Name: KlatzkowJeff Title: County Attorney Date: 6/14/2012 3:35:14 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/15/2012 1:23:23 PM Name: OchsLeo Title: County Manager Date: 6/17/2012 8:40:13 AM Packet Page -40- 6/26/2012 Item 9.A. 6/26/2012 Item 9.A. AGENDA ITEM 9 -C Collier C014nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MAY 17, 2012 SUBJECT: PUDA- PL20110001497: BENT CREEK PRESERVE RPUD PROPERTY OWNER & APPLICANT /AGENT: Property Owner /Applicant: Bent Creek Preserve, LLC .825 Coral Ridge Drive Coral Springs, LF 33071 Agents: R. Bruce Anderson, Esquire Roetzel and Andress 850 Park Shore Drive, Trianon Centre, P Floor Naples, FL 34013 REOUESTED ACTION: Patrick Vanasse, AICP RWA 6610 Willow Park Drive, Suite 200 Naples, FL 34109 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 Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units. For details about the project proposal, refer to "Purpose /Description of Project." ,GEOGRAPHIC LOCATION: The subject property, consisting of 138.4± acres, is located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 95 1) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 1 of 17 May 17, 2012 CCPC Revised 4124/12 Packet Page -41- 6/26/2012 Item 9.A. _,_ a (D Z Z 0 N \ \ } j 2 � z 0 � Q � Z 0 � Q C) 0 —j § § . \\ CL } u r 2 ■ » ! — : § ,. | ! ■ E | � ! § | ( ■ _ Packet PaL -42- a (D Z Z 0 N \ \ } j 2 � z 0 � Q � Z 0 � Q C) 0 —j - e4nlOOwv 78 uoAjj3 uollnr U9 r ®k� ° ®®o 3 n n OI OD 11 6V� 3 0 0a 3N2l0 153210000M O 3O O� 1 }} pW� _ - (L r I..1 Gndd 3Ad3939d X3MIN39 ZW 1 I I I U I lit0 ° � O m Z p ww n n OI OD 11 6V� 3 0 0a 3N2l0 153210000M O 3O O� 1 }} pW� _ - (L r I..1 ¢ j0 <0 ZQC Iry 61mo g2z. 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PURPOSE/DESCRIPTION OF PROJECT: The subject property contains an abandoned driving range exists on the northwest corner, and a cellular telephone tower in the northeast corner. The cell tower is to remain on site. Additionally, timbering and cattle grazing have occurred on other areas of the property. The original PUD zoning was approved on December 12, 2006 via Ordinance 06 -62. That approval provided for a maximum of 968 dwelling units using an Affordable Housing Density Bonus Agreement to generate 415 additional units. The project could be developed with any combination of single - family, attached or detached units or multi - family units. The applicant's agent provided the following introduction for this amendment: Ownership of the subject property has changed and revised development intent is being pursued through this petition. The project proposes to substantially reduce the project density and revise the internal layout of the development without any changes to the boundaries of the Preserve Tract required open space, and overall project boundary. There are refinements to development standards for land uses proposed in recreation areas to improve compatibility with future residences. The proposed changes are summarized below (taken from the narrative statement provided in the application): • A reduction from 968 to 450 residential dwelling units: • Open space, including 22 ± -acres of stormwater management lakes, and three areas intended for community recreation and common open space identified as Recreation Areas on the RPUD Master Plan, Exhibit C. Other recreation areas containing buildings and facilities may be developed in Residential Tract R, subject to compliance with the same development standards for Tract RA as contained in Exhibit B of the RPUD Ordinance Exhibits. • Two points of ingress and egress will be provided to the property; with one from Immokalee Road and one from Woodcrest Drive, instead of the originally proposed two access points on Immokalee Road and on Woodcrest Drive. • The current Summit Lakes PUD requires the developer to provide Affordable Housing Units for low- income residents that will include a maximum of 10 percent of the total number of residential units for Workforce Housing and 10 percent for Gap Housing units. This amendment proposes to eliminate the bonus density units provided in association with the Affordable Housing Density Bonus agreement thus the Workforce and Gap Housing unit will be eliminated. Because this PUD is undeveloped, the petitioner has prepared a new PUD document using a more recent format, e.g., Exhibits A -F rather than sections. It is not logical to prepare a strike thru/underline document as the entire document would be stricken thru. The applicant has provided a "PUD Comparison" to show the differences between the currently approved document and the proposed PUD. This information is part of the Narrative and Basis for Approval document. The petitioner is seeking approval of three deviations. These are discussed later in this report. PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 2 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -44- 6/26/2012 Item 9.A. SURROUNDING LAND USE AND ZONING: North: Immokalee Road, then The Quarry, a developing golf course community within the Heritage Bay PUD /DRI, approved at an overall density of 2.38 units per acre East: A cleared 5± acre tract that is owned by the county, and then an undeveloped 1 l± acre tract with a zoning designation of Agricultural, then Woodcrest Drive, then the developing Calusa Pines Golf Course, with a conditional use in the Agricultural zoning district South: Two approximately 5 -acre undeveloped, agriculturally zoned tracts that are both owned by Crystal Lake Resort, and an approximately 20 -acre tract that is used for RV and boat storage for Crystal Lake RV Resort, then the Crystal Lake RV Resort, an RV resort with PUD zoning approved at 3.07 units per acre, and the Habitat Woodcrest RPUD a PUD zoned tract approved at a density of 5.89 units per acre (Ordinance # 07 -63) West: Agricultural uses on 21 acres and Tuscany Cove, a developing residential PUD that was approved at 4.8 units per acre (Ordinance # 03 -52) Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is currently located within the Urban Mixed Use District — Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). This Subdistrict allows residential uses, including single family; institutional uses (e.g., church, day care); essential services; and, recreation and open space uses. PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 3 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -45- 6/26/2012 Item 9.A. Review of the Density Rating System deems this project eligible for a base density of 4 DU /A, and a density bonus of 3 DU /A since the project is located within one mile of an Activity Center (Activity Center #3). When added to the base density of four (4) DU /A, the project is eligible for a gross density of seven (7) DU /A. Based on the site's acreage and the permissible density of up to seven (7) DU /A, this rezone could allow up to a maximum of 969 dwelling units (138.38 acres x 7 DU /A = 968.66 DU's). Base Density 4 DU /A Proximity to Activity Center (Density) +3 DU /A Eligible Density 7 DU /A FLUE Objective 7 and relevant policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project's entrance is provided from Immokalee Road C.R. 846, an arterial roadway.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The RPUD Master Plan does not depict a loop road within the project; however, interconnections to adjacent properties and multiple ingress /egress points are proposed.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The subject site has proposed interconnections to neighboring properties north/northeast and west of the subject site.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The RPUD will be developed with an internal sidewalk system. Additionally, the RPUD is proposed to include various housing types, including single family, townhomes, multi- family dwellings; and recreational facilities.) Economic Element Policy 1.9: Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents. (The subject rezone proposes the development of various housing types, including single family, townhomes, multi- family dwellings, etc.; housing prices and/or rents have not been disclosed.) Affordable Workforce Housing: The proposed rezoning request eliminates the affordable workforce housing component within the RPUD, resulting in the elimination of up to 100 PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 4 of 17 May 17, 2012 CCPC Revised 4124112 Packet Page -46- 6/26/2012 Item 9.A. "workforce" units (those individuals earning 61 — 80 % of the area median income) and up to 100 "gap" units (those individuals earning 81 — 15 0 % of the area median income). Based on the above analysis, staff concludes the proposed uses and density for the subject site are consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has determined that the proposed amendment will not increase the total PM Peak Hour trip generation of this site. Although the per -unit trip generation rate will increase as a function of the changing unit type, the reduction in the total number of units will offset any increases that could be experienced. Therefore, staff concludes that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. As such, 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 (CCMM): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The Environmental Advisory Council Board (EAC) approved the Environmental Impact Statement (EIS) for this project in 2006. The project site consists of 94.41 acres of native vegetation that generally consists of pine flatwoods, hydric pine flatwoods, cypress and Melaleuca wetland habitats. A minimum of 25 % of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The proposed 23.77 acre upland and wetland preserve areas are located mainly in the southern portion of the project site. No listed species or associated nests/burrows /or tree nest cavitieg• were found on site during the updated October 2011 listed species survey. The project area is located within the secondary Florida panther zone and within the core foraging area of three wood stork nesting colonies. The proposed project impacts have been approved by the U.S Fish and Wildlife Service. A total of 36.96 acres of South Florida Water Management District (SFWMD) wetlands were identified on site and a total of 24.45 acres of jurisdictional wetlands are proposed for impact. Impacts to the jurisdictional wetlands shall be mitigated for through the SFWMD permitting process. All required permits for impacts to wetlands and listed species shall be required to be submitted to county environmental staff prior to approval of the first development order. Consistent with current regulations, this project is not required to go before the EAC board again since there are no proposed changes to the size and location of the previously approved preserve boundaries and the recently conducted survey found no listed species on the project site. 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 PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 5 of 17 May 17, 2012 CCPC Revised 4124112 Packet Page -47- 6/26/2012 Item 9.A. with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no outstanding environmental issues. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Utility Review: This project is located within Collier County Water and Sewer District and Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner has included those commitments as requested. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in Exhibit B of the PUD document show the following changes from the originally approved development standards: The minimum lot area for single - family detached units has been increased from 2,250 square feet to 4,500 square feet. The minimum side yard setbacks has been divided into single story and two story designations and the single - family attached, townhouse, multi - family units, and clubhouse recreation buildings have been revised. The table now includes both zoned and actual height information, whereas the original only provided zoned height information. The minimum PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 6 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -48- 6/26/2012 Item 9.A. distance between accessory structures has been reduced from 15 feet to 12 feet. The types of uses that would be allowed in this project have not changed. As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bounded to the east by a cleared 5± acre agriculturally zoned tract that is owned by the county and is the subject of the applicant's deviation #2. Adjacent to that tract is an undeveloped 11± acre agriculturally zoned tract along Woodcrest Drive. To the south there is a portion of the developed Crystal Lake RV subdivision Resort, two undeveloped agriculturally zoned tracts, and the undeveloped Habitat Woodcrest RPUD. To the west are agricultural uses on 21 acres and Tuscany Cove, a developing residential PUD that was approved at 4.8 units per acre. To the north is h=okalee Road then The Quarry, a developing golf course community within the Heritage Bay PUD/DRI, approved at an overall density of 2.38 units per acre. This project proposed a density of 3.25 units per acre, which is comparable to what has been approved for the surrounding projects. The approved PUDs have similar development standards to what is proposed herein, as to minimum setbacks and lot sizes. Habitat Woodcrest was approved for a maximum zoned height of 25 feet, with no mention of the number of stories, while Tuscany Cove can have multiple stories and up to 45 feet tall structures. Neither of those two projects provides zoned and actual height; only zoned height is provided for those projects. Comparing Bent Creek Preserve's proposed heights of 40 feet for single- family attached and townhouse units, and the 45 feet for multi - family structures along with the proposed 50 feet for clubhouse and recreation buildings, it is apparent that this project's structures can be taller. The Master Plan shows that both Tuscany Cove and the Habitat Woodcrest projects will be separated from residential units by preserve areas, which will help soften the effect of the taller structures. Additionally, it seems reasonable that the recreational and clubhouse structures would be more centrally located to better serve the majority of project residents, rather than locating said uses on the project's periphery. Thus it is unlikely that a 50 foot high recreation/clubhouse structure would be located near a project perimeter property line. Potential pedestrian/bicycle and vehicular interconnections have been provided on the site plan to the north and to the west to serve the currently agriculturally zoned tracts. No interconnections are shown to the south or west into the RV Resort or Tuscany Cove because the areas are already either platted or otherwise developed in a manner that would preclude a useful interconnect. Deviation Discussion: The petitioner is seeking three deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. Deviation 1 seeks relief from LDC Section 5.04.04.B.5.c., that limits the number of model homes to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed fifteen. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 7 of 17 May 17, 2012 CCPC Revised 4/24112 Packet Page -49- 6/26/2012 Item 9.A. In an effort to provide a variety of residence styles and floor plans within the development, it is beneficial to allow home buyer to see and experience the varied architecture and floor plans to make an informed purchase decision. This deviation is appropriate, and does not negatively affect the health, safety, nor welfare of the future residents of-the development. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some allowance can be made to allow additional model units. Hacienda Lakes PUD, which was approved for over 1,700 residential units received deviation approval to allow up to 60 model homes. With the project's proposed number of units, allowing a maximum of 15 models seems appropriate therefore, staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. However, staff suggests that the developer be required to provide documentation at each development order stating how many models are in operation to ensure the total of 15 is not exceeded. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the developer provide the number of existing model home /units as part of the application material for every development order, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the RPUD. The sign content area for "boundary markers" to be located in the Residential Tract R, or RA may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is requested primarily for safety and welfare reasons. Given existing traffic conditions on Immokalee Road, and in anticipation of travel conditions on future public roadways, the requested signage will help motorists identify the entrance location from a distance that is sufficient to allow them to safely gain access to the property. The sign content area for boundary markers to be located in the Residential Tract R or RA may be 15 feet in height rather than 8 feet as limited in LDC Subsection 5.06.02B. 6 b. This additional sign height is deemed necessary due to the elevations of the existing and future public roadways StaffApalysis and Recommendation: Due to the project's location along Immokalee Road, staff agrees that some additional signage may be appropriate; however the term "boundary marker" is not a defined term. In order for staff to adequately understand and enforce the provisions of this PUD, the term needs to be clearly defined. In the Hacienda Lakes PUD, a boundary marker sign PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 8 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -50- 6/26/2012 Item 9.A. was defined as a sign that would be located at project corners of roadways. Also, in Hacienda Lakes the applicant limited the sign copy to the name of the overall project not individual tracts within the project. Also the sign copy could include the project's logo. These signs would be in addition to any other signs permitted by the LDC. The Master Plan for Bent Creek Preserve PUD shows two boundary marker signs on Immokalee Road and two along Woodcrest Drive. Staff could support this deviation if the deviation is limited such that the sign copy is limited to the overall project name and its logo, and further limited to placement only on roadways that function as arterial or collector roadways, given the potential increased traffic and possible higher speeds of that traffic over a local or a private roadway. These limitations would need to be added into the PUD document. Zoning and Land Development Review staff recommends APPROVAL of this deviation if the limitations noted above are incorporated into the PUD document, 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 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, an 18 foot tall visual screen may be installed as a wall, berm, or wall/berm combination. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is requested to provide for separation screening between the various residential products that may be created in the RPUD, as well as between units as privacy walls. Where associated with existing or future public roadways, an 18-foot tall visual and sound attenuating screen may be installed as a wall, berm, or wall/berm combination. The LDC limitation of six foot fences and walls do not provide for the necessary screening and sound attenuation desired for the development. Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale supportable for this project. The internal walls to separate different development tracts within the project should not have an impact on the general public and are therefore a matter of personal design preference to which staff does not object. An 18 -foot tall wall/berm combination seems appropriate along Immokalee Road and Woodcrest Drive. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is " iustified as meetina public purposes to a decree at least equivalent to literal application of such regulations." PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 9 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -51- 6/26/2012 Item 9.A. FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staffs 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 as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 10 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -52- 6/26/2012 Item 9.A. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. The uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 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. Additionally this petition represents an amendment to an approved PUD that reduces the approved density thus the amended petition will have less impact upon the areas; no acreage is being added. 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 3 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 10.03.051 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): PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 11 of 17 May 17, 2012 CCPC Revised 4124/12 Packet Page -53- 6/26/2012 Item 9.A. 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 and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 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. The applicant's request is consistent with the proposed GMPA. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been - deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes 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. PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 12 of 17 May 17, 2012 CCPC Revised 4124/12 Packet Page -54- 6/26/2012 Item 9.A. 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. 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 location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 13 of 17 May 17, 2012 CCPC Revised 4124/12 Packet Page -55- 6/26/2012 Item 9.A. 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the'degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) .shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 14 of 17 May 17, 2012 CCPC Revised 4124/12 Packet Page -56- 6/26/2012 Item 9.A. NEIGHBORHOOD INFORMATION MEETING (NIMI: The applicant's agent, Patrick Vanasse, Planning Director of RWA conducted a duly noticed NIM on January 30, 2012, Patrick introduced himself; (Applicant/Developer) Jonathan Keith, Vice President of Land Acquisitions and Development for Centerline Homes, Bruce Anderson, from Roetzel & Andress, P.A.; Mike Myers from Passarella & Associates and Kay Deselem, Principal Planner with Collier County Community Development and Environmental Services. Jonathan Keith gave a brief overview of Centerline Homes and their products. He provided marketing materials to the property owners and to Kay Deselem. Patrick presented a general project overview and provided a fact sheet which included pertinent development information related to the Bent Creek Preserve Residential Planned Unit Development (RPUD) petition. He stated ownership of the property had recently changed and that a revised development intent was being pursued through this petition. He explained that the applicant proposes to reduce the project density and revise the internal layout of the development. The preserve and open space are to remain the same. Patrick stated the project would comply with the Collier County Land Development Code except for the following 4 deviations which are meant to improve the project's form and function (These deviations were also provided in the handout.): Deviation 41 which was previously approved in the existing PUD, seeks to allow more than five model homes. Deviation #2 seeks to allow a required buffer to be installed off -site and on the east side of the proposed Immokalee Road stofm water pond as identified on the RPUD master Plan or to waive the buffer requirement. Deviation #3 seeks to allow "boundary marker" signage on property corners fronting on public roadways that provide access to the RPUD. Deviation #4 seeks to allow fences up to eight (8') feet. The following questions were raised by the property owners and addressed by the panel. Jane Taglietta of 14862 Toscana Way (Tuscany Cove) - Will the preserve area be fenced in? Jonathan stated they would install a 3 ft stem wall, where the preserves, Tuscany Cove and Bent Creek Preserve abut each other. Glenn Dobrydncy of 15501 Cortona Way (Tuscany Cove) - Will the stem wall disturb the trees in the preserve area? Mike Myers from Passarella & Associates stated that the Melaleuca and Brazilian pepper trees would be removed and supplemental plantings would be installed in place of the open area. Jane Scrip of 15405 Cortona Way (Tuscany Cove) - Who will maintain the preserve area? It was explained that Bent Creek would have to ensure perpetual maintenance per their Environmental Resource Permit (ERP). PUDA- PL20110001497: BENT CREEK PRESERVE RPUD Page 15 of 17 May 17, 2012 CCPC Revised 4/24/12 Packet Page -57- 6/26/2012 Item 9.A. Jane Scrip of 15405 Cortona Way (Tuscany Cove) Is there a provision for Affordable Housing? Jonathan stated Affordable Housing is not a component of this PUD. They are a `for profit" organization. The project will be market driven. Jane Scrip of 15405 Cortona Way (Tuscany Cove) - Will the water demand be impacted? Chris Wright, Engineer w/RWA, stated that water demands from the project would have no detrimental effect on utility capacities in the area. Jane Scrip of 15405 Cortona Way (Tuscany Cove) - Are there any developments that resemble what Bent Creek will look like? Jonathan suggested she visit their website and search for Eagle Creek. Glenn Dobrydncy of 15501 Cortona Way (Tuscany Cove) - When will construction begin? Patrick stated the applicant would like to commence earthwork and have a sales trailer on site by the end of the year. Kay Deselem provided the current status of the project with respect to future hearing dates for adoption and also explained the process of notifying the surrounding property owners of the Neighborhood Information Meeting (NIM). Meeting adjourned at 6:15 pm. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on April 24, 2012. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- PL20110001497 to the BCC with a recommendation of approval subject to staff s recommended action on the deviations as shown below: Approval of Deviation 1 with the stipulation that the developer provide the number of existing model home /units as part of the application material for every development order; Approval of Deviation 2 with the stipulation that the sign copy is limited to the overall project name and its logo, and further limited to placement only on corners of roadways that function as arterial or collector roadways; and Approval of Deviation 3. PUDA- PL20110001497: BENT CREEK PRESERVE RPUD May 17, 2012 CCPC Revised 4/24112 Packet Page -58- Page 16 of 17 PREPARED BY: KAY'DESVLEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMO#;D V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES ILLIAM D. LOi�,ENZ, �k., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: 6/26/2012 Item 9.A. DATE DATE a7 - 2-°i2 DATE NICK CASALA I =. , ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the June 26, 2012 Board of County Commissioners Meeting PUDA- PL20110001497: BENT CREEK PRESERVE RPUD May 17, 2012 CCPC Revised 4/17/12 Packet Page -59- Page 171 of 17 6/26/2012 Item 9.A. counry 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 ' M - R !L�G"bN FOR PUBLIC HEARING FOR: AMENDMENT TO PUD (PUDA.) PUD REZONE (PUDZ) [—I PUD TO PUD REZONE (PUDZ -A) i i PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) BENT CREEK PRESERVE LLC ADDRESS 825 CORAL RIDGE DRIVE CITY CORAL SPRINGS STATE FL ZIP 33071 1%w TELEPHONE # 954 - 656 -8146 CELL # FAX # E -MAIL ADDRESS: JKEITH(O-)CENTERLINEHOMES.COM NAME OF AGENT PATRICK VANASSE AICP• RWA INC. ADDRESS 6610 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239 - 597 -0575 CELL # FAX # 239 - 597 -0578 E -MAIL ADDRESS: PVANASSE(cDCONSULT- RWA.COM NAME OF AGENT R BRUCE ANDERSON; ROETZEL & ANDRESS LPA ADDRESS 850 PARK SHORE DRIVE STATE FL ZIP 34103 TELEPHONE # 239 - 649 -2708 CELL # FAX # 239 -261- -3659 E -MAIL ADDRESS: BAN DERSON(a)RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4, 2011 Packet Page -60- CU N O N CO N CD Co �e-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 APPLICANT INFORMATION 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 littp: / /www.coIlieruo-,, .net /Index.aspx ?na2e =774 NAME OF HOMEOWNER ASSOCIATION: TUSCANY COVE ASSOC MAILING ADDRESS 745 121—H AVE, STE A CITY NAPLES STATE FLORIDA ZIP 34102 NAME OF HOMEOWNER ASSOCIATION: CRYSTAL LAKE PROPERTY OWNERS ASSOC MAILING ADDRESS 14960 COLLIER BLVD CITY NAPLES STATE FLORIDA ZIP 34119 NAME OF HOMEOWNER ASSOCIATION: HERITAGE BAY GOLF AND COUNTRY CLUB ASSOC MAILING ADDRESS 10154 HERITAGE BAY BLVD CITY NAPLES STATE FLORIDA ZIP 34120 NAME OF MASTER ASSOCIATION: SILVERSTONE AT THE QUARRY CONDOMINIUM ASSOC INC. MAILING ADDRESS 5405 PARK CENTRAL COURT CITY NAPLES STATE FLORIDA ZIP 34109 NAME OF CIVIC ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION MAILING ADDRESS PO BOX 990596 CITY NAPLES STATE FLORIDA ZIP 34116 February 4, 2011 Co Ter Count. y 6/26/2012 Item 9.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES; FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergay.net Disctosute.of lnter�est:lnfOrriatton 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 Bent Creek Preserve, LLC — 825 Coral Ridge Drive, Coral Springs, FL 33071 100% Craig Perry, President 40% Robert Stiegele, Vice President 30% Robert Hutson, Treasure 20% Jeffrey Kronengold, Secretary 10% If the property is in the name of a TRUSTEE," -list the beneficiaries of the trust with the percentage of interest. Name and Address - I % of Ownership February 4, 2011 Packet Page -62- N O N N CO >er COUnt y 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. e f Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address I % of Ownership Date of Contract: 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 6/26/2012 Item 9.A. Co , County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX. (239)252 -6358 www.colliergov.net g. Date subject property acquired ® November 21, 201 1 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application 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 26/48S/26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #:00193080005; 00192280000; 00192000002; 00192080006; 00192160007 .00192320009.00192040004. 00191920002 .00192880002.00192200006 Metes & Bounds Description: SEE ATTACHED LEGAL DESCRIPTION Size of property: ft. X ft. = Total Sq. Ft. 6,028,704 Ares 138.4 Address /general location of subject property: 9100 IMMOKALEE ROAD PUD District (LDC 2.03.06): ® Residential ❑ Communi Facilities ❑ Commercial ❑ Industrial February 4, 2011 Packet Page -64- N N T C) N N L • - .0 / / r COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE` r Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range _/_/ Lot: Block: Subdivision: Plat Book Page # Metes & Bounds Description: Property I.D. #: REZONE REQUEST This application is requesting a Zoning Amendment to the existing the RPUD zoning district(s) Present Use of the Property: UNDEVELOPED CELLULAR TELEPHONE TOWER, AND DISTURBED LAND Proposed Use (or range of uses) of the property: DEVELOPMENT OF UP TO 450 RESIDENTIAL UNITS Original PUD Name: SUMMIT LAKES PUD Ordinance No.: 06 -62 February 4, 2011 Zoning Land Use N IMMOKALEE ROAD, HERITAGE BAY DRI MPUD MIXED USE SUBDIVISION S A, AGRICULTURE, PUD, CRYSTAL LAKE, & RPUD, HABITAT WOODCREST UNIMPROVED LAND, DISTURBED LAND, & RV SUBDIVSION RESORT & STORAGE W A, AGRICULTURE, PUD, TUSCANY COVE PLANT NURSERY, DEVELOPED SUBDIVISION E A, AGRICULTURE DISTURBED LAND Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range _/_/ Lot: Block: Subdivision: Plat Book Page # Metes & Bounds Description: Property I.D. #: REZONE REQUEST This application is requesting a Zoning Amendment to the existing the RPUD zoning district(s) Present Use of the Property: UNDEVELOPED CELLULAR TELEPHONE TOWER, AND DISTURBED LAND Proposed Use (or range of uses) of the property: DEVELOPMENT OF UP TO 450 RESIDENTIAL UNITS Original PUD Name: SUMMIT LAKES PUD Ordinance No.: 06 -62 February 4, 2011 6/26/2012 Item 9.A 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 10.02.13.6) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. SEE ATTACHMENT A 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. SEE ATTACHMENT A 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying w at Sub - district, policy or other provision allows the requested uses /density, and fully explaini g /addressing all criteria or conditions of that Sub- district, policy or other provision.) SEE ATTACHMENT A 4. The internal and external compatibility of propose dl uses, which conditions may include restrictions on location of improvements, restrictions cn design, and buffering and screening requirements. SEE ATTACHMENT A 5. The adequacy of usable open space areas in existence and as proposed to serve the development. SEE ATTACHMENT A 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. SEE ATTACHMENT A February 4, 2011 Packet Page -66- Q E N W. T— CD N N Colli&r Count y 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 7. The ability of the subject property and of surrounding areas to accommodate expansion. SEE ATTACHMENT A 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. SEE ATTACHMENT A U r. 6/26/2012 Item 9.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION / NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 - www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes H No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through writte notice or ceases to supply necessary information to continue processing or otherwise actively urs a the rezoning fora period of six b 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 a I application fees and granting of a determination of "sufficiency ". Further review of the praject rill be subject to the then current code. (LDC Section 10.03.05. 0.) February 4, ?011 Packet Page -68- R w T— CD N co CV Q0 C© per Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION / NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 177777 1 : '' APPLICANT INFORMATION :77 NAME OF APPLICANT(S) BENT CREEK PRESERVE LLC ADDRESS 825 CORAL RIDGE DRIVE CITY CORAL SPRINGS STATE FL ZIP 33071 TELEPHONE # 954 - 656 -8146 CELL # FAX # E -MAIL ADDRESS: JKEITH(CDCENTERLINEHOMES.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 9100 IMMOKALEE ROAD LEGAL DESCRIPTION Section /Township /Range 26/48S/26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00193080005; 00192280000: 00192000002; 00192080006: 00192160007 .00192320009.00192040004. 00191920002 .00192880002.00192200006 Metes & Bounds Description: SEE ATTACHED LEGAL DESCRIPTION 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 ❑ TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ February 4, 2011 6/26/2012 Item 9.A. C o per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION / NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net TOTAL POPULATION TO BE SERVED: 900 People (450 unit x 2 people per unit PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 229.500 GPM AVERAGE DAILY 153,000 GPD B. SEWER -PEAK 140,400 GPM AVERAGE DAILY 108.000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2012 NARRATIVE STATEMENT: Provide a brief and concise n rrative 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, hen 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 constructs n of these facilities in accordance with all applicable County ordinances in effect at the at time. Thi� statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. February 4, 2011 Packet Page -70- R N N O N CO N co Co per Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net AFFIDAVIT We /I, being first duly sworn, depose and say that we/[ 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 any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner to act as our /my representative in Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of 20 , by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public — State of Florida) Print, Type, or Stamp Commissioned Name of Notary Public) February 4, 2011 6/26/2012 Item 9.A. Co per 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 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (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 planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and' all commitments agreed to by the applicant in connection with the planned unit development rezoning.. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County. may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Property Owner Printed Name Signature of Property Owner, Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 20_ by who is personally known to me or has produced Packet Page -72- as identification Print, Type, or Stamp Commissioned (Name typed, printed or stamped) February 4, 2011 1 ;4 N N r O N CO N (0 I 6 �a .• / - 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 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED 1 Additional set if located in the Boys h o re/Gatewa Triangle Redevelopment Area) x Copies of detailed description of why amendment is necessary 16 z El Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments (download application from website for current form) 16 ® ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 1 /z" x 1 1" copy 16 ® ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 11" copy ❑ Original PUD doc ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD 1 Revised PUD application with changes crossed thru & underlined ❑ Revised PUD application w amended Title page w ord #'s, LDC 10.02.13.A.2 ❑ Justification /Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) 16 ® ❑ Deeds Legal's & Survey (if boundary of original PUD is amended) 3 ® ❑ List identifying Owner & all parties of corporation 2 ® ❑ Owner Affidavit signed & notarized 2 ® ❑ Covenant of Unified Control 2 ® ❑ Completed Addressing checklist 2 ® ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 2 ® ❑ Historical Survey or waiver request 4 ❑ Utility Provisions Statement w sketches 4 Architectural rendering of proposed structures 4 ❑ Survey, signed & sealed 4 ❑ Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to htto://www.colliergov.net/index.aspx?paggE566 7 ® ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ® ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 ® ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) 3 ® ❑ 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 6/26/2012 Item 9.A. AFFIDAVIT L Robert Stiegele (Title.) being first duly sworn, depose and say that Bent Creek Preserve LLC. is the owner 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. s prope y owner I further authorize Bruce Anderson, Roetzel & Andress to act as my represen t've ers garding this Petition. Signature of Property Owner Signature of Property Owner Robert Stiegele Typed or Printed Name of Owner Typed or Printed. Name of Owner The foregoing instrument was acknowledged before me this 7th day of March 2010, by who i personally kno e or has produced as identification. C State of Florida (Signature of Notary Public - to of Florida) County of 06W- Broward Notary Stamp: 1M i3IAwE ,3oRDAtd .? �r pD957895 ��. OOpt,AAlSS'0 2014 y' '6`' EXPIRES February 02, Senrice.c m 1407) 398-0 53 RloridaNOle Y Packet Page -74- N N 0 N CO N CO AFFIDAVIT I, Robert Stlegele (Title.) being first duly sworn, depose and say that Bent Creek Preserve, LLC. is the owner 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 infomlation 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 perty o er I further authorize Patrick Vanasse, AICP of RWA, Inc. to act as my re resentativ t r ding this Petition. Signature of Property Owner Signature of Property Owner Robert Stiegele Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoin owledged before me this 7th day of March , 2012, by whk is personally known to e or has produced as identification. t State of Florida ( ignature of Notary Publ c - State of Florida) County ofMBroward Notary Stamp: ti.,v• — 1�iAfoE JORDAN ' ' iu!Y CC�AiA(SSION # DD957895 EXPIRES February fl2. 2014 (ADS 399-0753 —` Flo:idaNetarYSarv�c«com LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: 6/26/2012 Item 9.A. I hereby authorize c arse, AICP of RWA, Inc To serve as y Agent ' a zon' en nt request affecting the property identified in the Application. Signed: Date: 317/2012 Robert Stiegele, V.P. I hereby ce ' that I ha the authority to make the foregoing application; and that the application is true, correct a d complete t be le Signed: Date: 31712017 Robert Stiegele, V.P. STATE OF (Florida) COUNTY OF (XX11M BrOW8rd Sworn to and subscribed before me this 7th day of By: Robert Stiegele MY COMMISSION EXPIRES 2/2/2014 CHOOSE ONE OF THE FOLLOWING: X who is personally known to me, who has produced and X did take an Oath did not take an Oath NOTICE — BE AWARE THAT: 2012. iANE jopDAN �9Y COMMtSSION # D0957895 `• EXp1RES February 02, 2014 as identification Florida Statute Section 837.06 —False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of 5500.00 and/or maximum of a sixty day jail term." 0:\20031030008.05.01 Summit Lakes Phase I -Bent Creek RPUD10006 RPUD Application Suppart12012 -02 -22 Agent ltr of authorization RWA.doc Packet Page -76- I a� N r O N co N co LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize ce Anderson of Roetzel & Andress To serve as y Agent • a a amendment request affecting the property identified in the Application. Signed: Date: 3/7/2012 Robert Stiegele, V.P. I hereby certi at I hav the authority to make the foregoing application, and that the application is true, correct and omplete to a est o n w e. Signed: Date: 317/2012 Robert Stiegele, V.P. STATE OF (Florida) couNTY OF (q) Broward Sworn to and subscribed before me this By: Robert Stiegele 7th day of March 12012. (Notary Public) , MY COMMISSION EXPIRES 2(212014 CHOOSE ONE OF THE FOLLOWING: X who is personally known to me, who has produced and _X did take an Oath did not take an Oath Fib: _ DDIA lr= JORL1APd ;;:• r PJY CO',,IN.11SSION # DD957895 42, 2014 =?'• ar FXPIR) =S February �yi��Of F1'P� 5ervic8ZOM A07 396.0162 — FlorideNOtary as identification NOTICE — BE AWARE THAT: Florida Statute Section 837.06 — False Official Statements Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500.00 and/or maximum of a sixty day jail term." 0:12003)030008.05.01 Summit lakes Phase I - Sent Creek RPUD10006 RPUD Applicntion Support12012 -02 -22 Agent Itr of authorization Bnrce.doc 6/26/2012 Item 9.A. COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they are the contract purchaser of record of property commonly known as Section 26, Township 48, South, Range 26 East, Collier County, Folio4 00193080005; 00192280000; 00192000002; 00192080006, 00192160007; 00192320009; 00192040004; 00191920002 ;00192880002;00192200006 and legally described in Exlubit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate Patrick Vanasse, AICP of RWA, Inc., and Bruce Anderson, Attorney, of Roetzel & Andress, legal representatives thereof as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all teens, 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 The County will not issue permits, certificates, or Iicenses to occupy or use any part of the planned t development and the County may stop ongoing construction activity until the project is brought into cod i ne onditions and safeguards of the planned unit development. Property Owner /Contract Purchaser Robert Stiegele Vice President Printed Name STATE OF FLORIDA COUNTY OF Broward Sworn to (or affirmed) and subscribed before me this 7th day of Ma rr:h 2012 by Robert Stn gene tvh is personally known to m r has produced as identification. '--I (AQ( 54AL Not iblic L Diane Jordan 0:\20031030008.05.01 Summit Lakes Phase I - Bent Creek RPUD10006 RPUD Application Support\2012 -02 -22 Covenant of Unified Control.doc ; ,;Ya•B. _ 11"d DIANE JORDAN `9a . �d ;' ttAmisSiON # DD957895 +{ FP.ES Februa 02, 2014 rY Packet Page -78- t,��',ye.r,s: _ aNOtarySery w.com COLLIER COUNTY UTILITY DEDICATION STATEMENT L Rnhprt_StiPgP1P , being first duly swom, depose and say that Bent Creek Preserve, LLC. agrees to dedicate to Collier County Utilities, the water distribution, and sewage collection facilities within the project area upon completion of the Q construction of these facilities in accordance with all applicable County ordinances in effect at �j the time. Additionally, Bent Creek Preserve, LLC or successor developer, agree 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. Finally, and if applicable, N Bent Creek Preserve, LLC or successor developer, agrees to dedicate the appropriate utility easemen r s 'ng the water and sewer systems. N CO N CD Name/Title Robert Stiegele, Vice President The foregoing instrument was acknowledged before me this At ay of March 2012, by Robert Stiegele CHOOSE ONE OF THE FOLLOWING: _.,X who is personally known to me, who has produced as identification and did take, an Oath did not take an Oath By: (Notary Public) MY COMMISSION EXPIRES: L p €ADZE JORDAN *_` OO �gr•.f,ISS!ON # DD957895 ` g EXPIRES February 92, 2014 (407)3 °BOt &? FloridallotaryService.com r —° 6/26/2012 Item 9.A. ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF Centerline Homes Enterprises Three, LLC Name of the Limited-1 iabilit Com an as it now ELD ears on our records. Honda Lirol= Ltab)IITY ampany) The Articles of Organization for this Limited Liability Company were filed on 9/14/04 and assigned Florida document number L04000067513 This amendment is submitted to amend tho following: A. If amending name, enter the new name of the limited liability company here: Bent Creek Preserve, LLC The new name must be distinguishable and end with the words "Limited Liability Company," the designation "LLC' or the abbreviation "L.L.C." Enter new principal offices address, if applicable: (Principal office address MUST BE A STREET ADDRESS) Enter new mailin ; address, if applicable: ()vfailing address WAY BE A POST OFFICE BOX) B. It amending the registered agent and/or registered office address on our records, enter the name of the new registered agent and/or the new registered office address here: Naive of New Registered Agent: a fia r— n C New Registered Office Address: Enter Florida street adc V rn Florida _, n rn City =nt�p ode New Registered Agent's Signature ifchangina Registered Agent; i» c� A 1 hereby accept the appointment as registered agent and agree to net in this capacity. .1 further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties, and 1 am familiar with and accept the obligations of'my position as registered agent as provided for in Chapter 608, F.S. Or, if'this document is beingfrled to merely reflect a change in the registered o )ice address, 1 hereby confirm that the limited liability company has been notified in writing of this change. if Changing Registered Agent, Signature or New Registered Agent Page I erg Packet Page -80- L ;4 Q1 N V- C) N N 2019 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L040DO067513 Entity Name: CENTERLINE HOMES ENTERPRISES THREE, LLC Current Principal Place of Business: 825 CORAL RIDGE DRIVE CORAL SPRINGS, FL 33071 US Current Mailing Address: 825 CORAL RIDGE DRIVE CORAL SPRINGS, FL 33071 US FEI Number. 20- 1628865 FEI Number Applied For( ) Name and Address of Current Registered Agent: KRONENGOLD, JEFFREY ESQUIRE 825 CORAL RIDGE DRIVE CORAL SPRINGS, FL 33071 US FILED Apr 07, 2011 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent MANAGING MEMBERS/MANAGERS- Title- P Name: PERRY, CRAIG Address: 825 CORAL RIDGE DRIVE City -Sf -Zip: CORAL SPRINGS, FL 33071 US Me: V Name: STIEGELE, ROBERT B JR Address: 825 CORAL RIDGE DRIVE City -St -Zip: CORAL SPRINGS, FL 33071 US Title: 1JGR Name: CRS ORGANIZATION, INC. Address: 825 CORAL RIDGE DRIVE City -St -Zip: CORAL SPRINGS, FL 33071 US Title: S Name: KRONENGOLD, JEFFREY Address: 825 CORAL.RIDGE DRIVE City -St -Tip: CORAL SPRINGS, FL 33071 US Title: T Name: HUT'SON, ROBERT Address 825 CORAL RIDGE DRIVE City -st -Zip: CORAL SPRINGS, FL 33071 US Date I hereby certi ythat the information indicated on this report is true and accurate and that my electronic signature shat( Have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company orthe receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statues. SIGNATURE CRAIG PERRY MGRM 0410712011 Electronic Signature of Signing Managing Member, Manager, or Authorized Representative / Date 6/26/2012 Item 9.A. INSTR 4628576 OR 4738 PG 510 RECORDED 11/18/2011 2:56 PM PAGES 10 DWIGHT E. BROCK, CLERK OF THE CIRCUIT CURT, COLLIER COUNTY FLORIDA DOc@.70 $0.70 REC $86.50 CONS $100.00 I 0 11 WELLS FARGO BANK, N.A., as successor by merger to WACHOVIA BANK, N.A., Plaintiff, 0 IN THE CIRCUIT COURT OF THE 200' JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 10- 5326 -CA V. WATERWAYS JOINT VENTURE V, LLC• NAPLES 106, LLC; et al. � Al COU�� Defendants. \ The undersigned CIO f the Court Sale in this action on 00y t, herein and that no objections t0 s objections. ertifqthat e e�'ted and filed a Certificate of �'d personal property described 2011, fo'r p P P roe -h�en� ale 7within the time allowed for filing Real Property The following real property located in Collier County, Florida: SEE EXHIBIT A ATTACHED HERETO The following real property located in Hendry County, Florida: SEE EXHIBIT B ATTACHED HERETO Packet Page -82- N N T- C) N 0 N CD OR 4738 PG 511 Personal Proverty All Summit Lakes Collateral (as defined in the Verified Complaint) and Collateral (as defined in the Assignment of Rights dated October 28, 2011 (the "Assignment of Rights ") from Wells Fargo Bank, N.A. to Centerline Homes Enterprises Three, LLC, as recorded in Official Records Book 4731, Page 2059, Public Records of Collier County, Florida), except as otherwise set forth in the Assignment of Rights. The foregoing Real Property and Personal Property was sold to CENTERLINE HOMES ENTERPRISES THREE, LLC, f� Coral Springs, Florida 33071, /0/—, f WITNESSmy hand LO C 4C tC°{- �f B ,ty company, 825 Coral Ridge Drive, N61 IW '(Pv of November 2011. CERTIFICATE OF SERVICE .... , uit Court . Elori�a - , ;rk, I HEREBY CERTIFY that a true and correct copy of the Certificate of Title (Summit Lakes) has been furnished by U.S. Mail delivery to: SEE ATTACHED SERVICE LIST this Vs� day of KbVf Xri)9W , 2011. 7 DWIGHT E. BROCK Clerk of the Circuit'Courf Collier County, Florjda. , • By: - Deputy Clerk:: , C; c, OR 4738 PG 512 • EXHIBIT A Parcel I (Outdoor Resorts) L 6/26/2012 Item 9.A. The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the North 100 feet thereof, ALSO LESS AND EXCEPT the lands described in Official Records Book 3188, Page 1723, of the public records of Collier County, Florida. Parcel 2 (Outdoor Resorts) The West 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS !� H the following described portion: Begin at the Southeast corner of said West'1'ase n�tli:�2r. 9' 4" West, on the East line of said West 1/2 a distance of 267.62 fae ce North 89� . est, a distance of 660.58 feet to a point on the West line of said 4�' st 1/2 thence South 2° 1830" East, on said West line a distance of 267.79 feet to a oin o>Soirth-linc� said est11 /2; thence North 89 59 58 East, on the South line of sajd West1�(?i` 5�� 1 to the Point of Beginning. Parcel 3 (Outdoor Resorts) r°, lk �,A U A E I L 1 � , The West 1/2 of the Southt 114 of the Northe I/, of ion 26, Township 48 South, Range 26 East, Collier Count�E rida, LESS AN EPA e following described portion: Begin at the Southwest comer spi West 1/2; thence 1720" West, on the West line of said West 1/2 a distance of 3 ��.�— theme -�j� � 59' 58" East, a distance of 658.26 feet; thence North 2° 17' 55" West, p� tlze. ; e of said West 1/2 a distance of 350.74 feet; thence South 88° 49' 57" East, a distance o . 0 feet to a point on the East line of said West 112; thence South 2° 17' 55" East, on said East line a distance of 713.28 feet to the Southeast comer of said West 112; thence South 89° 59° 58" West, on the South line of said West 1/2 a distance of 660.62 feet. Parcel 4 (Outdoor Resorts) The East 112 of the Southwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida; LESS AND EXCEPT the following described portion: Begin at the Southwest corner of said East 1/2; thence North 2° 17' 55" West, on the West line of said East 1/2 a distance of 713.28 feet; thence South 88° 49' 57" East, a distan ce of 661.18 feet to a point on the East line of said East 1/2; thence South 2° 18' 30" East, on the East line of said East 1 /2, a distance of 699.79 feet to a point on the South line of said East 1 /2; thence South 89° 59' 58" West, on the South line of said East 1/2 a distance of 660.62 feet to the Point of Beginning. Parcel 5 (Outdoor Resorts) The North 80% of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township # 1048171 v1 3 Packet Page -84- �i N 0 N N OR 4738 PG 513 48 South, Range 26 East, Collier County, Florida. Parcel 6 (Outdoor Resorts) The East 112 of the Northwest I/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the North 100 feet thereof for road right of way; ALSO LESS AND EXCEPT the land described in Official Records Book 3188, Page 1723, of the public records of Collier County, Florida. Parcel 7 (Koleque Parcel One) The North 1/2 of the East 1/2 of th� utheast 1/4 of Section 26, Township 48 South, Range 26 East, of the ,,c�ecords of Collie y, Florida. Parcel 8 (Koleque Parcel The South 20% of the East /2 ' teN u e s fh i easy 1/4 of Section 26, Township 48 South, Range 26 East, C P'i z ou# It ri ASS e a t 3 feet thereof for right of way for ingress and egress purp ` s eco c "ed irr- �fjcial o ook 642, Page 1588, in the public records of Collier ty, Florida, bein or larly described as follows: Commencing at the Northeas er of Section 2 oo r� 48 South, Range 26 East, run along the Easterly Iine of said 5i#c ' a bearing of Sout 1' 08" East for 2675.77 feet to a found 5/8 inch iron rod, being tht 4 c Section and a Point of Beginning; thence run South 89° 58'26" West a1 t "u n line, 660.62 feet to a 4 inch concrete monument, said monument being the common corner of this parcel and the Northeast corner of Crystal Lake RV Resort; thence run North 02" 20'40" West, a distance of 267.60 feet to a set 5/8 inch iron rod with cap; thence run North 89° 58'42" East, a distance of 660.58 feet to a 5/8 inch iron rod that was found at the intersecting point on the Easterly section line; thence run South 02° 21' 08" East along the Easterly line of the section a distance of 267.58 feet to the Point of Beginning, LESS the Easterly 30 feet reserved for a road ingress /egress right of way as recorded in Official Records Book 642, Page 1588, in the public records of CoIIier County, Florida. Parcel 9 (Capiello Parcel) A parcel of land lying in Section 26, Township 48 South, Range 26 East, of Collier County, Florida, being more particularly described as follows: The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, of Collier County, Florida, LESS AND EXCEPT therefrom the North 178.91 feet. Commencing at the North 1/4 comer of Section 26, Township 48 South, Range 26 East, of Collier County, Florida; thence along the North line of the Northeast 1/4 of said Section 26, South 89" 58' 17" East, a distance of 1320.35 feet, to the Northwest comer of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 26; thence along the West line of the said West 1 /2, South 021 18'21" East, a distance of # 1 D48171 v1 4 OR 4738 PG 514 0 i 6/26/2012 Item 9.A. 179.06 feet, to the Point of Beginning of the parcel herein described, said point being on a line perpendicular to the said North line and Southerly 178.91 feet; thence Easterly and parallel to the said North line, South 89° 58' 17" East, a distance of 660.21 feet to the East line of the said West 1/2; thence along the said East line South 02° 19' 00" East, a distance of 1158.95 feet, to the Southeast corner of the said West 1/2; thence along the South line of the said West 1/2, North 89° 59' 07" West, a distance of 660.42 feet to the Southwest corner of the said West 1/2; thence along the said West line North 02° 18' 21" West, a distance of 1159.10 feet, to the Point of Beginning of the parcel herein described. Parcel 10 (Ferguson Parcel) A parcel of land lying in the West 1/2 of the Northeast 1/4 of the Northeast 1/4, LESS the North 100 feet of Section 26, Township 48 South, Range 26 East, of Collier County, Florida being more particularly described as follows: Commencing at the North 1/4 corner of Section 26, Township 48 South, Range 26 East, o {. Florida; thence along the North/South quarter line of said Section 26, Soutli0, 03 feet to the Point of Beginning of the parcel described herein; then��cQritmue along sa`�~q> line also being the East property Iine of the .boundary line agreeme recorded in Official Ri3cord Book 2228, Page 1540 through the 1544, of the public records of'Collie�ty, Eluri�ia;`�Southb ° 1�T 02" East, 1159.43 feet t South line of the said boun�I ary ,ae e o i oun ary agreement the following two courses; 1) North 89° 8' 3 , 5 e )12° 16' 14" West, 1180.43 feet to the intersection with South t� d��,j o c' 02 s descrnbfed in Official Records Book 3128, Page 2557; thence c�n S6utlbo said parcel 102 the following three courses: 1) South 89° `;', " East, 196.60 fee;�z} ou� 01 21 West, 21.00 feet; 3) South 89° 58'39" East, 332.5 et.to the Point of Bet ,mot e parcel herein. N, .� # 1048171 v1 Packet Page -86- N O N O N CD OR 4738 PG 515 • • EXHIBIT B Parcel 1 A parcel of land in Sections 25 and 26, Township 45 South, Range 29 East, Hendry County, Florida, being more particularly described as follows: Commencing at the Southwest comer of Section 23, Township 45 South, Range 29 East; thence N. 890 40' 38" E., along the South line of said Section 23, and its Easterly extension as described in Boundary Agreement, recorded in Official Records Book 516, Page 121, of the Public Records of Hendry County, Florida, being also the South line of a 50 foot wide Access Easement, a distance of 5776.13 feet to the intersection with the Westerly boundary line of an Abandoned Seaboard System Railroad right of way and the Point of Beginning of the following described parcel; thence S. 04° 30' 05" W., along said Westerly railroad right of way line, a distance of 2498.35 feet to an intersection iNortherly boundary line of an 80 foot wide Hendry County Road and Drainage U-0" cribed in Official Records Book 594, Page 127, Public Records of H h:�y✓ ' ty, r ce S. 88° 56' 35" W., along said Northerly County right of ways ifl c;.a distance of 1506.83 fet�t o the Easterly line of that parcel described in Official Record BoA $,—Pa a 669, end County Public Records; thence N. 02° 12' 21" W., along the E teFly 1 e said Parcel descri d i Official Records Book 630, Page 669 a *distance of 2 12J B r o said Property described in Official Records Book 630. Pa e 69 an c t a CM � e of of 23; thence N. 88° 58' 44" E., along said True Se i i � rs nIe10 610 35 ee fite the Southeast comer of said Section 23; thence N. 88° 3 'i 'E., along the Sout . ine f S l 24, a distance of 991.77 feet to the said abandoned Seabo stem Railroad ri few '. ence S. 04° 30' OS" W., along said Westerly railroad right o a distance of 48 the Point of Beginning of this description. tj LESS AND EXCEPT that portion of the ed lands conveyed to Hendry County, by Warranty Deed For Right of Way, recorded January 4, 2000 in Official Records Book 594, Page 126, of the public records of Hendry County, Florida. Parcel 2 A non - exclusive easement for ingress and egress described as follows: 60 foot Access Easement Agreement A strip of land being 60 feet wide (as measured at right angles to the sidelines thereof), lying 30 feet on both sides of the following described centerline: Commencing at the Southwest corner of said Section 23, Township 45 South, Range 29 East, Hendry County, Florida; thence N. 05° 36' 55" W., along the West line of said Section 23, a distance of 30.00 feet; thence N. 830 58' 44" E., along a line lying 30 feet North of (as measured at right angles) and parallel to the South line of said Section 23, as shown on survey prepared by Horace A. Wilson, PLS, Florida Certificate Number 1677, for W. D. Roberts and Richard Roberts (Trustee), dated March 27, 1985, a distance of 1833.66 feet to an intersection with the centerline of an existing farm road; thence along the said centerline for the next three (3) courses; N. 39° 04' 13" E., a distance of 249.78 feet; thence N. 23° 28' 39" E., a distance of 174.93 feet; thence N. 171 09' 00" E., a distance of # 1048171 vi C_1 OR 4738 PG 516 i 6/26/2012 Item 9.A. 79.58 feet to an intersection with the centerline of an intersecting farm road and the Point of Beginning of the herein described easement; thence along the centerline of said existing farm road for the following twenty (20) courses: N. 89° 23' 41" E., a distance of 264.71 feet; thence N. 850 28' 38" E., 217.64 feet; thence S. 890 12' 13" E., a distance of 272.48 feet; thence N. 64° 14' 08" E., a distance of 154.85 feet; thence S. 630 19' 18" E., a distance of 99.97 feet; thence S. 87° 23'42" E., a distance of 177.86 feet; thence N. 36° 32'44" E., a distance of 222.95 feet; thence S. 74" 09' 11" E., a distance of 175.62 feet; thence S. 59° 20' 24" E., a distance of 375.12 feet; thence S. 81° 04' 53" E., a distance of 273.66 feet; thence S. 59° 38' 26" E., a distance of 204.16 feet; thence S. 42° 57' 55" E., a distance of 29.35 feet to the Point of Terminus of the herein described centerline. Sidelines to be shortened or extended so as to form a continuous strip. cot C \826950\3 - # 1252124 v1 \826950\3- #1252096A Packet Page -88- 7 # 1048171 v1 N N r O N CD N Co OR 4738 PG 517 0 Wells Fargo Bank N.A. v Waterwav Joint Venture IV LLC et al Case No. 10- 5326 -CA Collier County Service List Steven J. Adamczyk. Esq. Waterways Joint Venture IV, LLC Goede & Adamczyk c/o Richard Davenport, Reg. Agent 8950 Fontana Del Sol Way, Suite 100 ✓ 15489 Summit Place Circle Naples. FL 34109 Naples, FL 34119 Goodland Bristol Summit, LLC Waterways Joint Venture V, LLC c/o Richard Davenport, Reg. Agent c/o Richard Davenport, Reg. Agent ✓ 15489 Summit Place Circle ✓ 15489 Summit Place Circle Naples, FL 34119 Naples, FL 34119 Naples 106, LLC Goodland Golden Gate, LLC c/o E.H.G. Resident Agents, Inc.c o chard Davenport. Reg. Agent 1411 South Rodgers Circle, Suite I uTmit Place Circle �� Boca Raton, FL 33487 `�'� Nap. 4119 Susan F. Seligman R3rltard D�avengort t we Brian t. Seligman f n?or V 299 Larry's Lane i 4 St it Pte Circle P.O. Box 728 . ale F 3 I I P Bradford, VT 05033 + G ! ti Fort Myers Broadcasting Co. ,"; Nip s S ` ach Resort, Inc. d/b /a WINK —TV f/kla d Resorts of Naples, Inc. 3824 Palm Beach Blvd. 4'r __cfo oration System, K.A. Fort Myers, FL 3316 C. outh Pine Island Road iantation, FL 33324 Mark A. Nelson. Esq. Douglas L. Rankin. Esq. Ozark Perron & Nelson 2335 Tamiami Trail N., Suite 308 2816 Manatee Avenue West Naples, FL 34102 -4456 Bradenton, FL 34205 -4237 Steven Beilev, Esq. Casey K. Weidenmiller. Esq. 100 SE 2 "d Street, 27'h Floor 5150 N. Tamiami Trail. Suite 603 Miami. FL 331313 Naples. FL 34103 Jacob E. Colgrove, Esq. Don Koziol 700 1 Vh Street South, Suite 101 1943 Walnut Avenue Naples, FL 34102 Baltimore. MD 21222 Xt W(1i2 --' X1.1659 %2 OR 4738 PG 518 Emanuel Herand Tsemique Paul 7330 Britstol Circle Naples, FL 34120 Tony Rhoden Yvonne Rhoden 7353 Bristol Circle Naples, FL 34120 Mayra Savinoch Joshua Negrete 7511 Bristol Circle Naples, FL 34120 Tenant(s) 7337 Bristol Circle Naples, FL 34119 Stephen Lorusso Kathleen F. Lorusso v 7416 Bristol Circle Naples, FL 34120 Gianni Corignolo Maria - Concetta Finocchiaro 7341 Bristol Circle Naples, .FL 34120 Carlos Leon Martha Leon 7515 Bristol Circle Naples, FL 34120 I R C�5_'o Sylvestre ! ✓ `=`" ?apl► ?�Ivestre ✓ 1542 �Wmit Place Circle c---- ---, Naples 3319 Kelly Utterback ' a 14plero ,/ Larry Utterback { li �D g do Sanchez 15422 Summit Place Circle 547 S lace Circle Naples, FL 34119 �,,� Isla les, FL R . Arelis Delgado Sanchez � ,t Y �d J 15473 Summit Place Circle �0 15 it it Place Circle Naples, FL 34119 L 34119 Ryan Crawford Brent Smith Sebastian Libertino Tammy Smith 15505 Summit PIace Circle 15497 Summit Place Circle Naples, FL 34119 Naples, FL 34119 Karen Spano Lory Balamut Bill Spano Y 15482 Summit Place Circle 15478 Summit Place Circle Naples, FL 34119 Naples, FL 34119 Joyce Blank John Slaugh 15492 Summit Place Circle 15442 Summit Place Circle Naples, FL 34119 ✓ Naples, FL 34119' Ana Isabel Rodriguez Robert B. Miller 14905 Pleasant Bay Lane, Apt. 6204 3350 Bridle Path Lane Naples, F134119 Weston, FL 33331 `.82694;012 - M 814639 i2 Packet Page -90- 6/26/2012 Item 9.A. N N O N co N c0 * ** OR 4738 PG 519 * ** i Maria Jimenez Nelson Leon ✓ 15457 Summit Place Circle Naples, FL 34119 Kisval Gonzalez 15450 Summit Place Circle Naples, FL 34119 Dusty Siegler Douglas Bums 15579 Summit Place Circle Naples, FL 34119 Jonathan Garrick Kelly Garrick 15513 Summit Place Circle Naples, FL 34119 Nikkie Mello ✓ 14732 Sutherland Avenue Naples, FL 34119 Stephanie McGuire Stephen McGuire ✓ 15485 Summit Place Circle Naples, FL 34119 Amy Peterson Michael Peterson 15601 Summit Place Circle Naples, FL 34119 Gustavo Jimenez / Martha Lopez 14728 Sutherland Avenue Naples, FL 34119 0 Lazaro Lopez Luisa Lizarralde ✓ 15232 Summit Place Circle Naples, FL 34119 'Brenda Vogel 15430 Summit Place Circle Naples, FL 34119 Olga Rinaldi ✓ 504 95h Avenue West Naples, FL 34108 r U/ I - l� r F �-� ✓ 1 ` T cl� Joan G. Cleveland Rollie E. Cleveland 2350 Naples Trace.Circle, Unit 47 Naples. FL 34109 Tenant 15453 Summit Place Circle Naples. FL 34119 ✓ Cjra� V �I n 50- P.A - 1826959C -4 81464;9 Q Martinez onzalez 'rizAerland Avenue fl \4119 lers n 3 it } lace Circle 41119 r C/St >i1 t Place Circle 114119 John M. Rigby 15610 Summit Place Circle Naples, FL 34119 Juan Buceta Lucia Buceta 34 Cedar Ave. Waterbury, CT 06705 Teresa Sanchez 144 Cypress Way, 47 Naples, FL 34110 Anthony Puccia J Pamela Puccia 3280 171h Avenue SW Naples, FL 34117 ✓S-4tA► -ns I�leAver�� +llctrtittat C�tittna� y�rar,anch �',UCS1�r rA 3 6/26/2012 Item 9.A. Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PRE - APPLICATION MEETING NOTES ❑ PUD Rezone (PUDZ) ❑ PUD to PUD Rezone (PUDZ -A) PUD Amendment (PUDA) WIH PL# 2011 -1497 Date:9 -6 -1 V Time: 10:00 Firm: Roetzel and Andress. LPA. Project Name: Summit Lakes PUD Size of Project Site:+ -138 acres Applicant Name: R. Bruce Anderson Phone: 239 -649 -2708 Owner Name: Centerline Homes Investments, Inc. Phone: Owner Address: City State ZIP Existing PUD Name and Number Summit Lakes PUD Ord. 06 -62 Assigned Planner Mike Sawyer Meeting Attendees: (attach Sign -in sheet) Meeting Notes It' 9 t }�� S .. c,t,�Qt Wr�Cr,��'•� Ivrc,:r'S5 � ��rt�5 i7�•i' /77tiltC:�� . C, ,.ta Ir (-,p `R. A `, c:L i � i:.;� ��: yr r��nT� r >�� 11% ._A C�rnr�:��m )Dt7_ .Y i i t i �C �,hm%r n i)CA r✓ `� �i4 �l•S'sl Packet Page -92- i3C {J1� N a� N O N co N co NOTES �NG �7� 2�� i - S �= w�» �'} i'�'E -�r' � � T �✓1 � 0 �-r i�.i� .; S � t��'��, ;G r� t, �e ge- - K 'i G1� -c.l�C t ►1I,� ' l�� y �A� 'tom w ► cr n. ODIC hg6uU Q.C{°t bvA T -Ta7(©(,-' - 4 ) , Lr ---c) 4 T15 - �,ra�trJAr� -DC - 16 ZTV -N�7 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 6/26/2012 Item 9.A. CoRr County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net SCHOOL CONCURRENCY - For information regarding the school concurrency application process, please contact the School District of Collier County - Students, Staff Projections, Allocations and Reporting Department at 239- 377 -0254. PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ -A) PUD AMENDNIENI' (PtiDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE STANDARD REQUIREMENTS 1 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) tb PUD Document & Conceptual Site Plan 24" x 36" and One 8 %2" x 11" copy tt� Revised Conceptual Site Plan 24" x 36 "and One 8'/2" x 11" coy ❑ Original PUD document and Master Plan 24"x 36" ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru & underlined Revised PUD document w /amended Title page w /ord #'s, LDC 10.02.13.A2 ❑ Deeds/U al's &-&ervey (if boundary of original PUD is amended) 3 List idendf ing Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental Impact 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 /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 ' i , JUNE 2011 � Packet Page -94 -� 1 'T,v- Iwi a� N T- o N CO N 0 Co �ier County pill COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 v�ww_.collier et Traffic Impact Statement (TIS) or waiver {with ap licable fees) Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scale 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 ✓ Electronic copy of all documents in Word format and plans (CDRo A'' X or Diskette) 2' Justification/R.ationale for the Deviations (must be on a separate Ib sheet within the application material; DO NOT include it in the PUD documents) Copies of Official Interpretations and /or Zoning Verifications 1 School Impact Anal psis Application (residential components) 2 1 set for School District residential components) 0 }� 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 239- 252 -2273. heck here if there are any Settlement Agreements associated with this property. Indicate type . of agreement and agreement number. Agreement # ❑ Deltona ❑ Lely Barefoot Beach ❑ Port of the Islands Interlocal Route package to: The Conservancy, Attn: Nichole Ryan 1450 Merrihue Dr., Naples, FL 34102 ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 -590 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.e. ❑ If located within 1/2 mile of City of &les send copy of submittal package to: Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 JUNE 2011 6/26/2012 Item 9.A. Co per Coanty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PLANNER, CHECKMARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT (residential PARKS & REC — VICKY AHMAD components) Amy Taylor - SUPERVISOR OF EL�F%T19A}6 '" '" n� , ` IMMOKALEE WATER DRIEM1 `- EMER.'MGMT- Dan Summers UTILITIES ENGINEERING: PAULO MARTINS CITY OF NAB rrBiriger, BAYSHORE/GATEW ,$tarrri g }E�irector = $FBE -E-CO ENT Executive Director CONSERVANCY, Nichole Ryan ° FIRE REVIEW: RICCO LONGO EMS — ARTIE BAY tiffs ENGINEERING: JACK MCKENNA �j TRANS. PATHWAYS: ALISON COMP PLANNING: (SEE SIGN -IN BRADFORD ~.- SHEET FROM PRE -APP MEETING ENVIRONMENTAL: SEE SIGN -IN SHEET FROM PRE -APP MEETING P ` • TbD Fees Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) ❑ $3,000 (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 Rezone $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). ❑ $2500.00 Environmental impact Statement review fee -ll�❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) � ❑ Property Owner Notification fees. Property Owner Notifications $1.50 A7on- certified; $3.00 ;l+r Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees, (Refer to Exhibit A): ❑ $500.00 Methodology Review F , if required `Additional Fees to be determined at Methodology Meeting. A- Fee Total $ JUNE 2011 Packet Page -96- R I N N T_ O N co N O -- 4., Golfer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier_qov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend.the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMM11ITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specity name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 O Iii C6 a Q D CL E E cn LU z 0 0 CD M 0 N LU ce. LO L z Z CL cl LU Z Z SR w r Ln 0 Ln tti 2. 6/26/2012 Item 9.A. rJ 0 I rt- Ln w LU uj :E \j� D z M LU CL :E CL LU Cl s z 0 (51 Q. Qs, 4z LU V� icket PaLye -98- rJ 0 I rt- f Qi N O N CO N Cfl C ri w CO > .r, M Ir CD Lr) uJ N _ � Cl) M� cc d Q C o - LL, O o a U- C� m ZLfJ U � Q M a°z!LS3 �z Z Lu U) zZ ;E:0 CC Cl >z� on(D w LL! f.5 cc z < 0 z o C) W ~z Boa ohm �i f l 0 N Lit z r uul Q Z ,' 2 -- v s of LU a tl v c= LU R r( z to � C� �•�, r` o y OL 0 r � Z LU 2 v J4 I� cl w 4 z �( 0 N Lit z 6/26/2012 Item 9.A. F ca r county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting please allow 3 days for processing. . Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camival /Circus Permit ❑ SDPI (insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPi (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ZPUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of property or propertiesq (copy of lengthy description may be attached) lsubject FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) _I v (C�� STREET ADDRESS or ADDRESSES (as applicable, if already assigned)�A—I 2cz -T 1 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SiTE DEVELOPMENT PLAN NUMBER (for existing projects /sites only) SDP or AR or PL # Packet Page -100- 0) N T_ O N CO N CQger County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34904 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be,Fazed back lEr Personally Picked Up APPLICANT NAME; PHONE ( ) FAX t Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) Folio Number -A q Z oc"G cre- Folio Number M Folio Number •` g c C'C� C nq Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 6/26/2012 Item 9.A. Cof er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239- 252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application meeting please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock Extension) ❑ Carnival /Circus Permit ❑ CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) ❑ PSP (Preliminary Subdivision Plat) J'PUD Rezone ❑ RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIP[ (Insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached}^ FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) r n t STREET ADDRESS or AD DRESS ES (as applicable, if already assigned)��V) 2Q40004 d6 A - LOCATION MAP must be attached showing exact location of projectisite in relation to nearest public road right- of -way SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) ` 1 PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existingprojects/sites only) SDP - or AR or PL t# Packet Page -102- ; N N O N O N O Ci��er county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGUt1ktION, 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIE RGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to .f %1=1 APPLICANT NAME{ Fazed back S' Personally Picked Up PHONE tl r�,�i 7 L FAX Signature on Addressing. Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) kq? nC)OCk Folio Number k l� r�nC'tiC` o Folio Number �q if-I r,c(i� •1 Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM [MUST BE UPDATED OR NEW FORM SUBMITTED 6/26/2012 Item 9.A. BENT CREEK PRESERVE RPUD NARRATIVE AND BASIS FOR APPROVAL Bent Creek Preserve, formerly known as Summit Lakes, is located, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. On December 13, 2006, the Collier County Board of County Commissioners (BCC) approved the Summit Lakes RPUD through the adoption of Ordinance No. 06 -62, thereby repealing The Outdoor Resorts of Naples a Motorcoach Country Club PUD Ordinance No. 2000 -49. The proposed project encompasses a total of 138.4 acres, and more than ninety -seven percent of the proposed project site is undeveloped. A former driving range exists on the northwest corner of the project, and a cellular telephone tower exists in the in the northeast corner of the PUD. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.3 to 14.8 feet above mean sea level. Ownership of the subject property has changed and revised development intent is being pursued through this petition. The project proposes to substantially reduce the project density and revise the internal layout of the development without any changes to the boundaries of the Preserve Tract required open space, and overall project boundary. There are refinements to development standards for land uses proposed in recreation areas to improve compatibility with future residences. The Project provides for the following: • 450 residential dwelling units,(See Attachment A , in the Statement of Compliance); • 23.7 acres of Preservation • Open space, including 22 ± -acres of stormwater management lakes, and three areas intended for community recreation and common open space identified as Recreation Areas on the RPUD Master Plan, Exhibit C. Other recreation areas containing buildings and facilities may be developed in Residential Tract R, subject to compliance with the same development standards for Tract RA as contained in Exhibit B of the RPUD Ordinance Exhibits. • Two points of ingress and egress will be provided to the property from one point on Immokalee Road and one drive on Woodcrest Drive located on the east property line of the project. The development intent is to complete the subdivision in a several phases with construction commencing in the fourth quarter of 2012. Project build -out is anticipated to occur in 2016, or sooner, based on market demand. 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. • The developer of the Bent Creek Preserve RPUD recognizes the need for interconnections between neighboring properties /developments. The developer of Bent Creek Preserve plans to provide for interconnections with the wholesale plant nursery (Tree Plateau) and the A, Agricultural zoned parcel to the east (Wagner), as well as limited acceptance of "treated" storm water from an improved Woodcrest Drive, and connections for potable water and sanitary sewer utilities to the neighboring property to the south owned by Habitat For Humanity of Collier County, Inc (Habitat Woodcrest RPUD). Bent Creek Preserve PL -2011 -1497 April 13, 2012 Page 1 of 3 0: \2003 \030008.05.01 Bent Creek -RPUD & Phase 1 \0006 RPUD Appii.t Packet Page -104- sis Fu Approval (dean).dom t= CD N O N c� N C`O • Given the change in development intent and resulting reduction in density, no affordable or gap housing is proposed for the RPUD. Therefore, references to commitments related to affordable and gap housing have been eliminated and the Agreement Authorizing Affordable- Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property is proposed to be extinguished. Requested Deviations Contained in Exhibit E of the RPLD Ordinance Exhibits: Pursuant to recent CCPC direction, many of the previously approved deviations have been deemed to be not appropriate for PUD documents, and should rather be addressed through the development order review process. Therefore, the majority of the deviations have been eliminated with the exception of the deviations below. Deviation 41 which was previously approved in the existing PUD, seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed fifteen. In an effort to provide a variety of residence styles and floor plans within the development, it is beneficial to allow home buyer to see and experience the varied architecture and floor plans to make an informed purchase decision. This deviation is appropriate, and does not negatively affect the health, safety, nor welfare of the future residents of the development. Deviation #2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the RPUD. This deviation is requested primarily for safety and welfare reasons. Given existing traffic conditions on Immokalee Road, and in anticipation of travel conditions on future public roadways, the requested signage will help motorists identify the entrance location from a distance that is sufficient to allow them to safely gain access to the property. The sign content area for boundary markers to be located in the Residential Tract R or RA may be 15 feet in height rather than 8 feet as limited in LDC Subsection 5.06.02B.6.b. This additional sign height is deemed necessary due to the elevations of the existing and future public roadways. Deviation #3 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet. This deviation is requested to provide for separation screening between the various residential products that may be created in the RPUD, as well as between units as privacy walls. Where associated with existing or future public roadways, an 18 -foot tall visual and sound attenuating screen may be installed as a wall, berm, or wall/berm combination. The LDC limitation of six foot fences and walls do not provide for the necessary screening and sound attenuation desired for the development. Bent Creek Preserve PL- 2011 -1497 April 13, 2012 0: \2003 \030008.05.01 Bent Creek. RPUD & Phase 1\0006 RPUD Application Support\2012-04 -12 Narrative & Bads For App—I (clean).doac Page 3 of 3 6/26/2012 Item 9.A. ATTACHMENT A PUD REZONE FINDINGS AND STATEMENT OF COMPLIANCE PUD Rezone Considerations (LDC Section 10.02.13.13) 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 proposed RPUD's consistency with the Iocational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE) of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed RPUD document, gives reasonable assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents, including the Covenant of Unified Control, submitted with this Petition Application provide evidence of unified control. Further, the proposed RPUD document makes appropriate provisions for continuing operation and maintenance of common areas. Confonnity of the proposed PUD with the goals, objectives and policies of the growth management plan. The development of approximately 138.4 acres of property in Collier County, Florida as a Residential Planned Unit Development to be known as Bent Creek Preserve RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses of the Bent Creek Preserve RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GAIT for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The project is proposed to be a residential planned unit development located within the Urban - Mixed Use District; as identified on the Future Land Use Map from the FLUE, of.the GMP. The Urban Mused Use designation provides for a base density of four (4) dwelling units per acres. The project is also located within a Residential Density. Band associated with Activity Center 43 which provides for a bonus density increase of three (3) dwelling units per acre. The proposed density of the Bent Creek Preserve RPUD is 3.25 units per gross acre, which is less than half of the eligible density provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the GMP. March 19, 2012 Page 1 of 3 Packet Page -106- 0:\-1003 \03000 &.05.07 Summit Lakes Plmse T - Bern Leek RPUD\0006 RPUD Application Support-1012 -3 -6 Attachment A- Statement of Compliance G PUD Ronne Findings (clean).don 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely because supporting infrastructure is in place. Q 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular O case, based on determination that such modifications of justified as meeting public purposes to a degree E at least equivalent to literal application of such regulations. The development standards in the proposed RPUD document are similar to those standards used N for the residential structures and related improvements when compared to County regulations. O N CO N O March 19, 2012 Page 3 of 3 0:12003W30008.05.01 Summit rakes Phase 1- Ban Creel- RPUD10006 RPUD Application Suppoct12012 -3-6 Anad�,W A- Statmt of Compliance A PUD Rezone Findings (clean).doex 6/26/2012 Item 9.A. Bent Creek Preserve Conceptual Surface Water Management Report Prepared for: Centerline Homes 825 Coral Ridge Drive Coral Sprin-s, FL 33071 Prepared By: DIVA INC. CONSULTING _AL R Y Y1. JL Planning • visualization • Civil Engineering - Surveying & Mapping 6610 Willow Park Drive Suite 200 Naples, FL 34109 Dated: January 2012 Prepared By: Jerenie J. Shaidle, P.E. Signed By: W Christopher 0. Wright, P.E. Florida License No. 47059 Packet Page -108- i N N T_ C) N co N CO 1.0 INTRODUCTION This document represents the Conceptual Surface Water Management Report for the proposed Bent Creek Residential Planned Unit Development. The project is located approximately 3/a miles east of Collier Blvd. on Immokalee Road; in Section 26, Township 48 South. Range 26 East, Collier County. Florida. The Conceptual Water Management Report is intended to support the Conceptual Water Management Plan for the RPUD (Sheet 3 of 4 of the Bent Creek RPUD Master Plan Set). 2.0 EXISTING CONDITIONS The Bent Creek Preserve Residential Development will be located on approximately 138 +/- acre parcel and contains undeveloped uplands and wetlands. The subject parcel is bounded to the north by the Immokalee Road, to the east by undeveloped agriculture and Woodcrest Drive right -of -way, to the south by unimproved agriculture and Crystal Lake PUD, and to the west by Tuscany Cove PUD and a Plant Nursery. There is a South Florida Water Management District Environmental Resource Per►llit Application currently under review, as of January 2012, Permit No 11- 02081 -P, Application No 041228 -12. The existing elevations typically range from 12.5 ft to 14.5 ft NGVD. ' Pre - development surface water -flow patterns follow a southwesterly direction towards the onsite wetlands. 3.0 PROPOSED CONDITIONS The proposed surface water management plan will incorporate best management practices including water quality facilities for surface water treatment and storage prior to discharge into the Cocohatchee Canal. All construction activities will employ best management practices, limiting the potential for pollutant discharge in accordance with United States Environmental Protection Agency - National Pollutant Discharge Elimination System. The site encompasses 138 +/ -acres of which 23.7 +/- acres will be preserved and will not be used for water quality but will be used for attenuation /storage. A berm will be constructed around the perimeter of the project and or preserve. The proposed water management system will accept flow from three offsite sources. Immokalee Road Right -of -Way drainage consisting of 12.8 acres will be treated and attenuated, Woodcrest Drive Right -of -Way consisting of 5.4 + \- acres will be treated and attenuated, and Habitat for Humanity Residential project 10 + \- acres to the south will discharge into the southern wetland /preserve and will be incorporated into the project. Water quality and attenuation will be provided for within Habitat's water management system and therefore Bent Creek will only be responsible for the flow through discharge amount. I of 2 O'2W3in.;VYJS O5 0! S-UMI L:d:ei Phase I. L3V, Creek Iip1!p,, 05 RPE'1p Ite�.tMe Appkeaei<v+,201_ ^�It .0 CmceMwl lS'MN Mn4h Rcpon 6XX LJ 6/26/2012 Item 9.A. Due to this project's location within the Big Cypress Basin and water management requirements, the surface water management design requires attenuation and modeling of the 25 -year 3 -day storm routings for water quantity once water quality standards and maximum discharge rates have been met. Minimum finished floor elevations of living areas will be dictated by the 100 -yr 3 -day storm routing. Minimum centerline of road elevations will be set equal to or above the 25 -year, 3- day storm elevation. The perimeter berm will be set at the 25 -year 3 -day storm elevation. The basic operations of the surface water management system includes the collection of surface water runoff in reinforced concrete drainage structures, transportation of the flow through a subsurface conveyance system, and directing of runoff to wet detention areas. The detention areas are interconnected, with all discharge occurring through a single control structure. As the system'letwork is filled with surface water, water quality starts at control elevation and once water quality has been achieved the treated surface water is permitted to flow over the crest of the weir of the control structure without exceeding the maximum discharge rate of 0.15 cfs per acre. The proposed control structure will discharge to the Cocohatchee Canal via an existing culvert in the immokalee Road Right -of Way. The control elevation for this Project has The 25 -year 3 -day tail water conditions hydrograph provided by Big Cypress Basin been determined to be elevation 12.70 ft. NGVD. in the Cocohatchee canal are based on the .canal 2 of 2 Packet Page 0 20U Ai0008 05 01 Sunmm imk � Pluu I - Bcnc Crcrk kPUD N N O N Co N O o� a �r`y@ n 6/26/2012 Item 9.A. BENT CREEK RPUD PoAff (Lk a. SUMMIT LAKES RPUD) COLLIER COUNTY VEGETATION DESCRIPTIONS, NATIVE VEGETATION PRESERVATION, AND ENVIRONMENTAL ADVISORY COUNCIL DETERMINATION REPORT January 2012 INTRODUCTION The Bent Creek Residential Planned Unit Development (RPUD) (Project), formerly known as Summit Lakes RPUD, is located in Section 26, Township 48 South, Range 26 East, Collier County. More specifically, the Project is situated near the southwest corner of the intersection of Immokalee Road (State Road 846) and Woodcrest Drive and is approximately one -half mile east of Collier Boulevard (County Road 951) (Figure 1). It is bordered to the north by The Quarry (f.k.a. Heritage Bay) residential community; to the east by Calusa. Pines Golf Club; to the southeast by vacant, cleared land known as Habitat Woodcrest RPUD; to the south by Crystal Lakes mobile home community; to the southwest by Tuscany Cove RPUD residential community; and to the west by Tree Plateau plant nursery (f.k.a. Pelican Nursery). On December 13, 2006, the Collier County Board of County Commissioners (BoCC) approved the Summit Lakes RPUD through the adoption of Ordinance No. 06 -62, thereby repealing The Outdoor Resorts of Naples (Outdoor Resorts Parcel) a Motorcoach Country Club PUD Ordinance No. 2000 -49. The former Outdoor Resorts Parcel totaled 93.5± acres and was one of four properties assembled to comprise the 138.38± acre parent property. The three other parcels included the Ferguson Parcel (16.0± acres), Cappiello Parcel (18.0± acres), and 13± Acre Addition Parcel (Figure 2). Prior to the Project's previous BoCC approval, an Environmental Impact Statement (EIS) had been prepared by Passarella & Associates, Inc. (PAI). In response to site plan changes and negotiations with County environmental staff, following the EIS' initial submittal in June 2004, it was revised four times prior to the final approval (i.e., July and September 2005 and April and May 2006). Copies of the initial, July 2005 and most recent, May 2006 EIS' are provided on the enclosed disk. The following information includes an update on the Project's existing site conditions through the descriptions of the various vegetation types and land uses on -site. It also summarizes the anticipated native vegetation preservation requirements as detailed in the May 2006 EIS. The report ends with a discussion regarding the Project's waiver from the Environmental Advisory Council (EAC) hearing requirement, per Collier County Code of Laws, Division 23. Passarella & Associates, Inc. #03RAD869 01/12/12 Packet Page -112- 1 of 8 N N 0 N 0 N 0 VEGETATION DESCRIPTIONS The four parcels comprising the Project area consists mostly of undeveloped, forested land, except for the abandoned driving range in the site's northwest corner, and a former single - family home that has been demolished located off of Woodcrest Drive. Vegetation mapping of the property was conducted using aerial photographs (Scale: 1" = 200') and groundtruthing conducted at various time since 2003. The original mapping was conducted on August 8 and September 4, 2003 for the Outdoor Resorts and 13± Acre Addition Parcels; August 27, September 9, and April 28, 2003 for the Cappiello Parcel; and July 7, 2003 for the Ferguson Parcel. In 2006 the mapping was revised to reflect the construction of a stormwater management pond on -site by the Department of Transportation (DOT) for the widening improvements to Immokalee Road. On September 15, 2011, the property was again reviewed to confirm site conditions had not changed, which they had not, except for some limited clearing that occurred for soil borings. These activities were approved by the County in May 2009. The land use and community types within the Project area have been classified according to the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida. Department of Transportation 1999). The FLUCFCS delineations are illustrated on the enclosed Aerial with FLUCFCS and Wetlands Overlay map. A description and acreage summary for each of the FLUCFCS categories follows: Former Residential (FLUCFCS Code 110) This land use occupies 0.56± acre or 0.4 percent of the property. This area consisted of a single - family residence along with associated amenities that was demolished and removed in 2007. It abuts Woodcrest Drive near the site's southeast corner. Abandoned Golf Driving Range (FLUCFCS Code 1895) This land use occupies 6.83± acres or 4.9 percent of the property and comprises the northwest side of the site. This area consisted of a golf driving range that was abandoned in the early 2000's. A cellular tower is also located in the northwest corner of this classification. Pine Flatwoods, Disturbed (0 -24% Exotics) (FLUCFCS Code 4119 E1) This upland habitat type occupies 5.37± acres or 3.9 percent of the property. The canopy vegetation is dominated by slash pine (Pinus elliottii) along with occasional cabbage palm (Sabal palmetto) and 0 to 24 percent melaleuca (Melaleuca quinquenelida). The sub -canopy commonly consists of slash pine, wax myrtle (Myrica cerifera), dahoon holly (Ilex canine), and Brazilian pepper (Schinus terebintl7ifolius). The ground cover is dominated by saw palmetto (Serenoa repens), grapevine (Vitis rotundifolia), greenbrier (Smilax sp.), poison ivy (Toxicodendron radicans), and beauty beny (Callicaipa annericana). Pine Flattivoods, Disturbed (25 -49% Exotics) (FLUCFCS Code 4119 E2) This upland habitat type occupies 12.98± acres or 9.4 percent of the property. The vegetation associations are similar to FLUCFCS Code 4119 El, except melaleuca and/or Passarella & Associates, Inc. #03RAD869 01/12/12 2of8 6/26/2012 Item 9.A. Brazilian pepper are more common in the canopy and sub - canopy (i.e., 25 -49 percent coverage). Pine Flatwoods, Disturbed (50 -75% Exotics) (FLUCFCS Code 4119 E3) This upland habitat type occupies 4.02± acres or 2.9 percent of the property. The vegetation associations are similar to FLUCFCS Code 4119 E2, except melaleuca and /or Brazilian pepper are more common to dominate the canopy and sub - canopy (i.e., 50 -75 percent coverage). Slash pine is common in the canopy with greater than 25 percent coverage. Pine Flatwoods Disturbed (76 -100% Exotics) (FLUCFCS Code 4119 E4) This upland habitat type occupies 0.10± acre or 0.1 percent of the property. The vegetation associations are similar to FLUCFCS Code 4119 E3, except melaleuca is dominant in the canopy and sub - canopy. Mixed Pine Flatwoods Disturbed (0 -24% Exotics) (FLUCFCS Code 4159 E1) This upland habitat type occupies 4.38± acres or 3.2 percent of the property. The canopy is dominated by slash pine along with occasional cabbage palm and 0 to 24 percent melaleuca. The sub - canopy commonly contains slash pine, cabbage palm, and Brazilian pepper occurs occasionally (i.e., 0 -25 percent coverage). The ground cover commonly includes bahiagrass (Paspalum notatum), ragweed (Ambrosia artemisiifolia), pawpaw (Asimina reticulata), wild coffee (Psychotria sp.), and greenbrier. Mixed Pine Flatwoods Disturbed (25 -49 %Exotics) (FLUCFCS Code 4159 E2) This upland habitat type occupies 18.82± acres or 13.6 percent of the property. The vegetation associations are similar to FLUCFCS Code 4159 El, except melaleuca and /or Brazilian pepper commonly occur in the canopy and sub - canopy (i.e., 25 -50 percent coverage). Mixed Pine Flatwoods, Disturbed (50 -75% Exotics) (FLUCFCS Code 4159 E3) This upland habitat type occupies 16.85± acres or 12.2 percent of the property. The vegetation associations are similar to FLUCFCS Code 4159 E2, except melaleuca and/or Brazilian pepper are common to dominate the canopy and sub- canopy. Slash pine is common in the canopy with greater than 25 percent coverage. Mixed Pine Flatwoods, Disturbed (76 -100% Exotics) (FLUCFCS Code 4159E4) This upland habitat type occupies 20.08± acres or 14.5 percent of the property. The vegetation associations are similar to FLUCFCS Code 4159 E3, except melaleuca is dominant in the canopy and sub - canopy (i.e., 76 -100 percent coverage). Melaleuca (FLUCFCS Code 424) This upland area occupies 6.99± acres or 5.1 percent of the property. The canopy vegetation is dominated by melaleuca along with an occasional slash pine (i.e., less than 25 percent coverage). The sub - canopy is dominated by melaleuca and Brazilian pepper. The ground cover occasionally includes bluestem grass (Andropogon sp.), myrsine (Rapanea punctata), and poison ivy. Passarella & Associates, Inc. #03RAD869 01/12/12 Packet Page -114- 3 of 8 N C) N CD N Melaleuca, Hydric (FLUCFCS Code 4241) This wetland habitat occupies 8.24± acres or 6.0 percent of the property. The canopy is dominated by 76 to 100 percent melaleuca with an occasional slash pine and cypress (Taxodium distichum). The sub - canopy is dominated by melaleuca and slash pine; wax - myrtle and dahoon holly are common to occasional. The ground cover consists of bare ground with occasional yellow -eyed grass (xyris sp.), gulf muhly (Muhlenbergia capillaries), hatpins (Eriocaulon decangulare), rush fuirena (Fuirena scirpoidea), little blue maidencane (AmphicaJpum muhlenbergianum), and sandweed (Hypericum fasciculatum). Live Oak, Disturbed (0 -24% Exotics) (FLUCFCS Code 4279 El) This upland community type occupies 0.34± acre or 0.2 percent of the property. The canopy is dominated by live oak (Quercus virginiana) and an occasional cabbage palm. The sub - canopy commonly contains wax myrtle and 0 to 24 percent Brazilian pepper. The ground cover is dominated by saw palmetto along with occasional ragweed, caesarweed (Urena lobata), saltbush (Baccharis halinzifolia), poison ivy, and wild coffee. Immokalee Road Stormwater Pond (FLUCFCS Code 520) This land use occupies 3.31± acres or 2.4 percent of the property. The pond was constructed in 2004/2005 as part of the road widening improvements to four lanes for Immokalee Road. The pond consists of open water surrounded by a sodded berm with bahiagrass. Pop Ash, Disturbed (50 -75% Exotics) (FLUCFCS Code 6169 E3) This habitat occupies 0.54± acre or 0.4 percent of the property. The canopy is dominated by pop ash (Fraxinus americana). The sub - canopy commonly consists of cabbage palm and pop ash. The ground cover is dominated by swamp fern (Blechnunz serrulatunz) and occasional dotted smartweed (Polygonum punctatum). Cvnress, Disturbed (0 -24% Exotics) (FLUCFCS Code 6219 E1) This wetland community type occupies 0.12± acre or 0.1 percent of the property. The canopy is dominated by cypress and cabbage palm is common. The sub - canopy commonly contains cabbage palm, myrsine, buttonbush (Cephalanthus occidentalis), wax myrtle, and on occasion Brazilian pepper. The ground cover is dominated by swamp fern and sawgrass (Cladiuni janziacense), and leather fern (Acrostichium danaeifolium) is common. Cypress. Disturbed (25 -49% Exotics) (FLUCFCS Code 6219 E2) This wetland community type occupies 0.55± acre or 0.4 percent of the property. The vegetation associations are similar to FLUCFCS Code 6219 E1, except Brazilian pepper is common to dominate the sub - canopy. Cypress, Disturbed (50 -75% Exotics) FLUCFCS Code 6219 E4) This wetland community type occupies 0.95± acre or 0.7 percent of the property. The vegetation associations are similar to FLUCFCS Code 6219 E2, except Brazilian pepper in the sub - canopy is dominant. Passarella & Associates, Inc. #03RAD869 01/12/12 4of8 6/26/2012 Item 9.A. Cypress, Disturbed (76 -100% Exotics) (FLUCFCS Code 6219 E4) This wetland community type occupies 0.41± acre or 0.3 percent of the property. The vegetation associations are similar to FLUCFCS Code 6219 E1, except melaleuca dominates the canopy and Brazilian pepper is common in the sub - canopy. Cypress /Pine /Cabbage Palm Disturbed (0 -24% Exotics) (FLUCFCS Code 6249 E1) This wetland community occupies 2.26± acres or 1.6 percent of the property. The canopy commonly consists of slash pine, cypress, cabbage palm, and occasionally melaleuca. The sub - canopy commonly contains slash pine, cypress, cabbage palm, buttonbush and occasionally melaleuca and Brazilian pepper. The ground cover is dominated by swamp fern, water pennywort (Hydrocotyle unibellata), and cabbage palm are common. Cypress /Pine /Cabbage Palm, Disturbed (25 -49% Exotics) (FLUCFCS Code 6249 E2) This wetland community occupies 0.55± acre or 0.4 percent of the property. The vegetation associations are similar to FLUCFCS Code 6249 El, except melaleuca and /or Brazilian pepper (i.e., 25 -49 percent coverage) commonly occur in the canopy and sub - canopy. Cvpress /Pine /Cabbage Palm, Disturbed (50 -75% Exotics) (FLUCFCS Code 6249 E3) This wetland community occupies 8.29± acres or 6.0 percent of the property. The vegetation associations are similar to FLUCFCS Code 6249 E2, except melaleuca and /or Brazilian pepper is common to dominate the canopy and sub - canopy. Cypress /Pine /Cabbage Palm, Disturbed (76 -100% Exotics) (FLUCFCS Code 6249 E4) This wetland community occupies 2.70± acres or 2.0 percent of the property. The vegetation associations are similar to FLUCFCS Code 6249 E3, except melaleuca is dominant in the canopy (i.e., 76 -100 percent coverage) and Brazilian pepper is common in the sub - canopy. Pine, Hydric, Disturbed (50 -75% Exotics) (FLUCFCS Code 6259 E3) This wetland community occupies 9.07± acres or 6.6 percent of the property. The canopy is dominated by slash pine, and melaleuca is common to co- dominate some areas (i.e., 50 -75 percent coverage). The sub - canopy commonly contains slash pine, wax myrtle, myrsine, melaleuca, and Brazilian pepper. The ground cover commonly includes rush (Juncus sp.), sawgrass, little blue maidencane, yellow -eyed grass, gulfdune paspalum (Paspalunl monostachyum), and rush fuirena. Pine, Hydric, Disturbed (76 -100% Exotics) (FLUCFCS Code 6259 E4) This wetland community occupies 1.32± acres or 1.0 percent of the property. The vegetation associations are similar to FLUCFCS Code 6259 E3, except melaleuca is dominant in the canopy (i.e., 76 -100 percent coverage) and Brazilian pepper is common in the sub - canopy. Freshwater Marsh, Disturbed (0 -24% Exotics) (FLUCFCS Code 6419 EI) This wetland habitat occupies 0.33± acre or 0.2 percent of the property. The canopy is open with occasional cypress. The sub - canopy is open with occasional Brazilian pepper Passarella & Associates, Inc. #03RAD869 01/12/12 Packet Page -116- 5of8 and willow (Salix caroliniana). The ground cover commonly includes pickerelweed (Pontederia cordata), arrowhead (Saggitaria lancifolia), fireflag (Thalia geniculata), smartweed, maidencane (Panicum hemitomon), and torpedograss (Panicum repens). Disturbed Land (FLUCFCS Code 740) This upland area occupies 1.28± acres or 0.9 percent of the property. The canopy is open with scattered live oak. The sub - canopy is open. The ground cover includes dog fennel (Eupatorium capillifolium), ragweed, caesarweed, sweet broom (Scoparia dulcis), hairy Q beggar -ticks (Bidens pilosa), sandspur (Cenchrus sp.), smutgrass (Sporobolus indicus), ai saw palmetto, and bahiagrass. E _a Disturbed Land. Hydric (FLUCFCS Code 7401) cV This wetland cover type occupies 0.07± acre or 0.1 percent of the property. This area is o located along the north boundary line and was cleared as part of the Immokalee Road N widening improvements. The canopy and sub -canopy strata are absent; while the ground C-0 cover consist of bare ground and scattered ragweed, smutgrass, hairy beggars- ticks, and N co sandspur. Road (FLUCFCS Code 814) Portions of the unpaved Woodcrest Drive are located within the property boundary. They total 1.07± acres or 0.8 percent of the project area. NATIVE VEGETATION PRESERVATION The native vegetation preservation requirement for the Project is 25 percent of the native habitats on -site, per Section 3.05.07 of the Land Development Code. The amount and location of the native vegetation preservation areas were previously determined in response to meetings with environmental staff on December 9, 2005 and January 5 and 31, 2006. During this period time period (2005- 2006), the road widening improvements for Immokalee Road were on -going and it resulted in the clearing of some areas on -site along the roadway and the construction of a stormwater management pond by DOT. County staff determined that the native vegetation requirements for the property should be based on the existing site conditions prior to the road improvement activities. To determine this, the Native Vegetation Map from the Revised July 2005 EIS was utilized and is enclosed as Exhibit N in the May 2006 EIS. The July 2005 EIS Native Vegetation Map identified 94.41± acres of native vegetation and 43.971 acres of non - native vegetation on -site. Based on the 25 percent retained native vegetation requirement, a total of 23.60± acres of native vegetation needed to be preserved. The current site plan proposes 23.77± acres of preserved uplands and wetlands. Of this total, 22.30± acres are native habitats and 1.47± acres are non - native habitats that will be re- created. The May 2006 EIS provides a Native Vegetation in Preserve Area Map as Exhibit O, while Table 3 provides an acreage breakdown of the preserved and impacted native and non - native habitats. The Bent Creek RPUD site plan proposes no changes to the location and size of the preserves, as previously- approved. Passarella & Associates, Inc. 6 of 8 #03RAD869 01/12/12 6/26/2012 Item 9.A. ENVIRONMENTAL ADVISORY COUNCIL WAIVER The petitioner requests to waive the EAC hearing requirement in response to no proposed changes to the size and location of the previously- approved preserve boundaries and the recently conducted survey which found no listed species on -site. The Project is an amendment to the previously- approved rezone for Summit Lakes RPUD. Per the Collier County Code of Law, Division 23, Environmental Advisory Council, Section 2- 1193(n) it states: Any petitioner may request a waiver of the EAC hearing requirement for amendments to Conditional Use or rezones, where no further impacts or changes in location to previously approved preserves or areas of retained native vegetation are proposed, and no additional species in accordance with subsection (m)(6), (above) are identified on -site. As previously noted, the native vegetation preserve boundaries are not proposed to change and no additional listed species, as surnmarized in Section 2- 1193(m)(6), have been identified on -site within the last five years. Another listed species was conducted by PAI on October 20, 2011. The results of that survey found no listed species on -site. A copy of PAI's most resent Listed Species Survey is enclosed. Passarel]a & Associates, Inc. #03RAD869 01 /12/12 Packet Page -118- 7of8 N O N CO N CO REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550- 010 - 001 -a. Third Edition. Passarella & Associates, Inc. #03RAD869 01/12/12 8of8 __ __ 6/26/2012 Item 9.A. R a) N T- 0 N CD N CD BENT CREEK RPUD (LLa. SUMNUT LAKES RPUD) LISTED SPECIES SURVEY January 2012 INTRODUCTION 6/26/2012 Item 9.A. - poFf This report outlines the listed species survey conducted by Passarella & Associates, Inc. (PAI) for the 138.38± acre Bent Creek Residential Planned Unit Development (RPUD) (Project). The purpose of the survey was to re- review the Project area for listed flora and fauna species, as identified by Collier County, the Florida Fish and Wildlife Conservation Commission (FWCC), and the U.S. Fish and Wildlife Service (USFWS). The review included a literature search for new listed species within the Project's geographical area or changes in their designated foraging areas or telemetry data. Another on -site field survey was also conducted on October 20, 2011 to confirm the status of a previously- located gopher tortoise (Gopherus polyphemus) burrow and to determine if any new listed species have occupied the site. The Project, formerly known as Summit Lakes RPUD, is located in Section 26, Township 48 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is situated near the southwest corner of the intersection of Immokalee Road (State Road 846) and Woodcrest. Drive and is approximately one -half mile east of Collier Boulevard (County Road 951). The site is bordered to the north by The Quarry (f k.a. Heritage Bay) residential community; to the east by Calusa Pines Golf Club; to the southeast by vacant, cleared land known as Habitat Woodcrest RPUD; to the south by Crystal Lakes mobile home community; to the southwest by Tuscany Cove RPUD residential community; and to the west by Tree Plateau plant nursery (fk.a. Pelican Nursery). On December 13, 2006, the Collier County Board of County Commissioners (BoCC) approved the Summit Lakes RPUD through the adoption of Ordinance No. 06 -62, thereby repealing The Outdoor Resorts of Naples (Outdoor Resorts Parcel) a Motorcoach Country Club PUD Ordinance No. 2000 -49. The former Outdoor Resorts Parcel totaled 93.5 acres and was one of four properties assembled to comprise the 138.38± acre parent property. The three other parcels included the Ferguson Parcel (16.0± acres), Cappiello Parcel (18.0± acres), and 13t Acre Addition Parcel (Figure 2). As part of the prior local, state, and federal development review processes for Summit Lakes RPUD, numerous general listed species surveys have been conducted on the various Parcels over the years. PAI conducted listed plant and wildlife surveys on September 16 and 17, 2003; October 8, 2003; and November 15, 2005 on the Outdoor Resorts and 13:E Acre Parcels (survey times typically started at 8:30 a.m. and ended at 4:00 p.m.); on July 13, 2003 for the Ferguson Parcel (survey time started at 9:30 a.m. and ended at noon); and on April 28, 2003 for the Cappie116 Parcel (survey time started around 9:00 a.m. and ended at 3:30 p.m.). Passarella & Associates, Inc. #03RAD869 01/12/12 Packet Page -122- 1 of 5 R a� N 0 N co N Species specific surveys have also been conducted for the gopher tortoise and red - cockaded woodpecker (RCW) (Picoides borealis). A gopher tortoise survey was conducted within the upland areas on February 12, 2005 and one active tortoise burrow was found at that time. RCW nesting season foraging surveys were conducted on -site for 14 days from May 13 through 26, 2005. Non - nesting season foraging surveys were also conducted from October 15 through 29, 2005. The results of these surveys found no RCW cavity trees or RCW foraging activity within the Project area. Copies of the nesting and non - nesting foraging surveys are provided in the May 2006 EIS (Exhibits K and L, respectively). Additional observations were also made while ecologists were on -site on August 8 and September 4, 2003 on the Outdoor Resorts and 13f Acre Addition Parcels to map vegetation and percent coverage of exotic vegetation 'within the different existing vegetative communities. Observations were also made during a February 11, 2005 review with County staff while inspecting the site for native vegetation. No listed species were noted during these observations. Finally, subsequent to the approval of the Summit Lakes RPUD, the USFWS issued a concurrency letter for the Project on November 13, 2007. The letter approved the proposed analysis and mitigation plans for the Florida panther (Puma concolor coryi) and wood stork (Mycteria americana). A copy of the letter is attached. METHODOLOGY AND DISCUSSION A listed plant and wildlife species survey was conducted on -site on October 20, 2011 (Figure 3). The listed wildlife species survey included, but was not limited to, RCW, Southeastern American kestrel (Falco sparverius paulus), bald eagle (Haliaeetus leucocephalus), wood stork, Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), Florida panther, gopher tortoise, and their commensals such as the Eastern Indigo snake (Drymarchon corals couperi) and gopher frog (Rana areolata). The listed plant species survey included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. The survey was conducted by qualified ecologists walking meandering transects through suitable habitats within the Project area. Transects were spaced approximately 50 to 100 feet apart depending on habitat and visibility due to the density of the vegetation (Figure 3). Habitats were inspected for listed plant and wildlife species. The weather during the survey was sunny, mostly clear skies, with wind approximately 5 mph from the north, and with temperatures in the low 70's. The survey began at approximately 9:00 a.m. and ended at around 4:00 p.m. The literature search involved an examination of available information on protected species in the Project's geographical region. The literature sources reviewed included the FWCC Florida's Endangered Species, Threatened Species, and Species of Special Concern (2006); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); and the USFWS and/or FWCC databases for telemetry locations of the Florida panther, Passarella & Associates, Inc. 2 of 5 #03RAD869 01/12/12 6/26/2012 Item 9.A. bald eagle, RCW, crested caracara (Caracara cheriway), Florida black bear, Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries, such as the wood stork, in Collier County. The wildlife agencies database information is current through different dates depending on the species. The FWCC information for the * following species is current through the noted dates: Florida panther telemetry — June 2011; bald eagle nest locations — October 2011; black bear telemetry — December 2007; and RCW locations — August 2011. The USFWS information for the Florida scrub jay is current to September 2006 and the crested caracara information is current through August 2011. The results of the literature search found no documented occurrences of listed species on -site (Figure 4). The closest documented bald eagle nest is located approximately 0.33 mile to the southeast of the site. This distance is beyond the USFWS and the FWCC recommended 660 -foot (0.125 mile) buffer protection zone for active and alternate bald eagle nests. The bald eagle is not a listed species, but is protected under the Golden and Bald Eagle Protection Act and the Migratory Bird Treaty Act. No RCW colonies or cavity trees have been documented within the Project area (Figure 4). The closest historical RCW cavity tree is approximately 3.6 mile to the west of the Project site. The USFWS considers suitable habitat for RCW to include any forested community with pines in the canopy that encompasses more than 10.0± acres (i.e., includes both on- and off - site). Although the Project area does have potentially suitable canopy pine trees on -site and in the immediate vicinity, no cavities were noted during the survey. This is also consistent with the previous species specific surveys conducted in 2005. The RCW is a federal listed endangered species. No Florida black bear radio - telemetry locations are found on -site or within a 3.5 mile radius of the Project area (Figure 4). The subject property's largely developed surrounding properties do not generally lend the Project site to be suitable habitat for this species. The Florida black bear is a state listed threatened species, but is currently under study for delisting by the FWCC (Barco 2011). The Florida Fish and Wildlife Conservation Commission database has recorded a single panther telemetry point on -site and two within a one -mile radius of the Project boundary (Figure 4). On June 2, 1995, a panther (TX -101) was recorded in the northwest corner of the parcel. No other telemetry points have been recorded since that time. The property does occur within the Florida Panther Secondary Zone (Kautz et al. 2006) and it is located within the U.S. Army Corps of Engineers (COE) Focus Area (Figure 5). Mitigation to address this species issue has already been provided and is summarized in the attached USFWS concurrency letter. The Florida panther is a state and federal listed endangered species. The literature search confirmed that the Project was located within the 30 kilometer (18.6 miles) Core Foraging Area (CFA) of three documented wood stork rookeries (Figure 6). According to FWCC data, the nearest active wood stork colony is Colony No. 619018, which is located 5.5± miles northeast of the site. Colony No. 619310 is located 6.3+ miles to the northeast and Colony No. 619161 is located 10.7zL miles to the east southeast. The USFWS has reviewed the Project's Passarella & Associates, Inc. #03RAD869 01/12/12 Packet Page -124- 3 of 5 t= W N 0 N N co proposed wetland impacts and concluded the mitigation being provided adequately off -sets the potential impacts to this species foraging habitat. Mitigation to address this specie issue has also already been provided and is summarized in the attached USFWS concurrency letter. The wood stork is a state and federal listed endangered species which is currently under review to be reclassified as threatened due to its steadily increasing numbers in the Southeastern United States. SURVEY RESULTS The October 20, 2011 survey was an update to those conducted in 2003, 2005, and 2008. The previous surveys had noted a single gopher tortoise burrow and two squirrel nests. The burrow and nests were not present during the October 20, 2011 survey and no new ones were located. The Project area is located within the secondary zone of the Florida panther and within the CFA of three wood stork nesting colonies (Colony Nos. 619018, 619161, and 619310). The proposed impacts associated with the previously- reviewed Summit Lakes RPUD site plan have been approved by the USFWS. The analysis and mitigation provided to off -set these impacts is summarized in the November 13, 2007 concurrency letter. Passarella & Associates, Inc. 4 of 5 #03RAD869 01/12/12 6/26/2012 Item 9.A. REFERENCES Barco, K. 2011. FWCC Chairman's column: Florida black bear .... a conservation success story. Florida Fish and Wildlife Conservation Commission. Cox, J.D. Inkley, and R. Kantz. 1987. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus). Populations found on State Lands Slated for Large Scale Development in Florida. 69 pp. Florida Fish and Wildlife Conservation Commission. 2006. Florida's Endangered Species, Threatened Species and Species of Special Concern. Official Lists, Bureau of Non -Game Wildlife, Division of Wildlife. Florida Game and Fresh Water Fish Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118 -133. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. USFWS. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. Passarella & Associates, Inc. #03RAD869 01/12/12 Packet Page -126- 5of5 Pill N r N CO N (D 1;❑ Eim-L) CORKSCREW RD AFAp Eq9 p .T __ -1 OIL WELL RD P A (iQ �� ti jjj�YYYr 0.4 07A N ,op, BLVD kv ��t W PROJECT LOCATION SEC 26, TWP 48 S, RNG 26 E FIGURE 1. PROJECT LOCATION MAP { BENT CREEK RPUD F.L. 1 /11 /1 10i1'ItWt00Y M.AM. OAIt 1/11/1 (f.k.a. SUMMIT LAKES RPUD)�I'F° M.A.M. 1/11/1 ..&0 l0_YWEST PASSARELLA " " "''� & ASSOCIATES E 6/26/2012 Item 9.A. 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NF' W N 0 W o D uN3 YS tto'o� S o� 300 o , o z Packet Page -132- c*ifN,l W W P4 u vI� c H N N ti y� ti z Ow 06 u Qoa� ga�H w w a w 0 a w w a N J F Z O � � O u v� z Z Q w W r Z v J 0 = O t- � w o � u 4o m o w o rn _a rn M LL 10 10 � N 0 FF 6/26/2012 Item 9.A. NF' W N 0 W o D uN3 YS tto'o� S o� 300 o , o z Packet Page -132- c*ifN,l W W P4 u vI� c H N N ti y� ti z Ow 06 u Qoa� ga�H w w a w t= N N Ir- C N CD N ", United States Department of the Interior �° FISH AND WILDLIFE SERVICE South Florida Ecological Services Office q a w° 1339 20" Street Vero Beach, Florida 32960 November 13, 2007 David S. Hobbie U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, Florida 33919 Attention: Skip Bergmann Service Federal Activity Code: Service Consultation Code: Corps Application No.: Date Received: Applicant: Project: County: Dear Mr. Hobbie: a 41420 - 2006 -FA -1430 41420- 2006 -1 -0723 SAJ- 2005 -782 (EP-TWM) January 25, 2006 Waterways Joint Venture V Summit Lakes Collier The Fish and Wildlife Service (Service) has reviewed supplemental information provided by Passarella and Associates, Incorporated (PAI) on January 26, 2007, and July 11, 2007, for the permit application referenced above. This letter is submitted in accordance with Section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.) and the provisions of the Fish and Wildlife Coordination Act of 1958, as amended (48 Stat. 401; 16 U.S.C. 661 el seq.). PRO.IECT DESCRIPTION Waterways Joint Venture V proposes to construct a multi - family residential development to be known as "Summit Lakes" on a 138.89 -acre parcel. The parcel contains 39.54 acres of disturbed freshwater wetlands and 3.31 acres of jurisdictional waters. The wetlands consist of 0.95 acre of Brazilian pepper (Schinus terebinthifolius), 8.05 acres of melaleuca (Melaleuca quinquenervia), 0.54 acre of pop ash (Fraxinus caroliniana),1.08 acres of bald cypress (Taxodium distichum), 13.86 acres of mixed cypress, slash pine (Pinus elltottii) and cabbage palm (Sabal palmetto), 14.74 acres of hydric pine, and 0.33 acre of freshwater marsh. Other jurisdictional waters include 3.31 acres of storm water detention pond. The project area is comprised of four parcels: the Ferguson Parcel or Ferguson Driving Range (15 acres), Outdoor Resorts parcel (93 acres), Cappiello Parcel (17 acres), and a 13 -acre addition TAKE PRIDE ®� IN�M E RICA-- David S. Hobbie 6/26/2012 item 9.A. Page 2 Driving Range (No. 199505148[IP -SB]) in 1996 and a permit for the Outdoor Resorts parcel (No. 200101433[IP -SR]) in 2002. The Ferguson Driving Range was constructed; however, the Outdoor Resorts parcel was not developed. The Summit Lakes project will entail impacts to 23.87 acres of jurisdictional wetlands and 3.31 acres of jurisdictional waters. As compensatory mitigation for wetland impacts, the applicant proposes exotic vegetation removal from 15.67 acres of onsite wetlands and 8.10 acres of uplands. This area would be placed under an easement granted to the South Florida Water Management District (District). In addition, 14.23 credits previously purchased from Panther Island Mitigation Bank (PIMB) as part of Outdoor Resorts mitigation will be applied to this project. Further, a 106 -acre parcel has been purchased in Hendry County, primarily wetlands, of which 92 acres will be dedicated as wetland and panther habitat, undergo exotic removal, and will also be placed under a conservation easement with the District. The project site is located immediately south of Immokalee Road, west of Woodcrest Drive, about one -half mile east of Collier Boulevard (CR 95 1) in Section 26, Township 48 South, Range 26 East, Collier County, Florida (Figure 2). TFIREATENED AND ENDANGERED SPECIES The Corps initially provided a letter to the Service dated January 19, 2006, describing the proposed project and addressing federally listed species. In this letter, the Corps determined the Summit Lakes project "may affect, but is not likely to adversely affect" the endangered wood stork (MycieriaAmericana) and the threatened eastern indigo snake (Drymarchon corals couperi), The Corps also determined the project "may affect" the endangered red - cockaded woodpecker (Picoides borealis)(RWC) and the endangered Florida panther (Puma concolor coryr). In a letter dated January 30, 2006, the Corps provided another letter to the Service containing RCW nesting and non - nesting season surveys and revising their determination such that the project "may affect, but not likely to adversely affect" the RCW based on review of these surveys. The Service responded to the Corps by letter dated May 30, 2006. In this letter, the Service could not concur with the Corps' determination that the project "may affect, but is not likely to affect" the wood stork and requested additional information for evaluation. The Service concurred with the Corps' determination that the project "may affect, but is not likely to adversely affect' ' the eastern indigo snake, as any permit issued will be conditioned such that the applicant will adhere to our draft Standard Protection Measures for the Eastern Indigo Snake (Service 2004). The Service concurred with the Corps' revised determination that the project "may affect, but is not likely to adversely affect" the RCW, based on available information including survey results. The Service concurred with the Corps' determination that the project "may affect" the Florida panther and requested additional information for evaluation. The Service met with PAI and project representatives in evolving project stages on May 9, 2006; November 30, 2006; and May 24, 2007. Packet Page -134- N N O N CD N David S. Hobbie Food Stork Page 3 The Summit Lakes project will entail impacts to 23.87 acres of jurisdictional wetlands and 3.31 acres of jurisdictional waters within the core foraging area (CFA) of three historic wood stork rookeries, including two in the Corkscrew Swamp. As compensatory mitigation for wetland impacts, the applicant proposes exotic vegetation removal from 15.67 acres of onsite wetlands and 8.10 acres of uplands to be preserved. In addition, 14.23 credits will be utilized from PIMB. Of the wetlands to be impacted, about 11 acres are 50 to 75 percent exotics and about 10 acres are 76 to 100 percent exotics. This comprises 90 percent of wetlands to be impacted. This level of exotic coverage reduces accessibility and foraging value to wood storks. Hydrology of the site has been altered from surrounding development and roadways, including a shortening of historic hydroperiod. A wood stork foraging habitat analysis was conducted by PAI for the project. The analysis followed the methodology as established by the Service in its August 31, 2006, Biological Opinion for the Lake Belt project (Service Federal Activity Code 41420- 2006 -FA- 0625). This analysis estimates the potential loss of target fish available biomass from project impacts and estimates the increase of target fish available biomass resulting from wetland enhancement. Based on this analysis, as outlined in Table 1, unavoidable wetland impacts from development activities will result in the loss of 3.38 kilograms of fish biomass potentially vulnerable to predation by wood storks. The proposed wetland mitigation activities in the 15.67 -acre onsite wetland preserve area will result in an increase of 12.54 kilograms of fish biomass potentially vulnerable to predation by wood storks. This equates to a net gain of 9.16 kilograms. In addition to the onsite wetland restoration efforts, 14.23 credits have been purchased from PIMB which will secure an additional 42 acres of wetland foraging habitat for the wood stork, to be managed through exotic control and optimum natural hydrology in perpetuity. Further, 92 acres, primarily wetlands, has been secured in Hendry County in association with this project and will undergo exotic eradication and also be managed for conservation in perpetuity. As such, the loss of fish biomass resulting from the project impacts will be more than offset by the increase in fish biomass resulting from the proposed mitigation activities. Therefore, the Service concurs with the Corps' determination that this project "may affect, but is not likely to adversely affect" the wood stork. Florida Panther The Florida panther (Puma concolor coryi) was federally listed as endangered in 1967 (32 FR 4001). The present occupied range of the panther in south Florida represents about 1 percent of its historic range in the southeastern United States. Panther home ranges average from 60 to 187 square - miles. They frequent large areas of undeveloped forested habitats, especially oak hammocks and longleaf pine flatwoods, but use areas comprised of other vegetative cover as well. Cover, water, and adequate prey are required to sustain panthers. 6/26/2012 Item 9.A. David S. Hobbie Page 4 Most of the Summit Lakes project occurs within the Service's (2007) Panther Focus Area for the panther with 128.06 acres located in the panther Secondary Zone as defined by Kautz et al. (2006)(Figure 3) and 10.32 acres located outside the Focus Area. There have been nine telemetry locations of four individual radio - collared panthers recorded within 2 miles of the project site from 1995 to 2002. One of these location points is along the northwest site border. The nearest telemetry location of a living panther, FP 66, was 3.4 miles to the east of the project in 1998. There are 30 telemetry locations of panthers within 5 miles of the site. These telemetry locations typically represent day -time resting sites. Areas around these telemetry points are panther habitat providing functional value to panthers (Comiskey et al. 2002). Telemetry locations only apply to panthers that historically had collars on them; they are not a comprehensive database of suitable habitat for panthers. The activity of any uncollared panthers that might have used the area is unknown. The project will result in the direct and indirect loss of 138.38 acres of habitat types that could provide habitat for the Florida panther and panther prey. The project site is located immediately south of Immokalee Road about one -half mile east of CR 951. It is primarily disturbed forested land surrounded by ancillary roads, residential development and a nursery (Figure 4). The project area does not contain known dispersal or connection corridors (Kautz et al. 2006) for panthers to access significant tracts of panther habitat or publicly -owned lands. Therefore, fragmentation of panther habitat or of panther prey habitat is not expected from the project. The nearest panther- vehicle collision occurred 6.1 miles to the northeast of the project site on Immokalee Road in 2002. The nearest incidence of intraspecific aggression was 11.5 miles to the southeast. One denning site within 10 miles has been documented from 1985 to 2006, located 8.4 miles to the southeast in 1998. The development of Summit Lakes will consist of 968 residential units resulting in 4,420 average daily trips (ADT) at ultimate build -out (planned for 2010), according to a Traffic Impact Statement dated January 5, 2006, by Vanasse Daylor. Primary roads affected would be Immokalee Road, Vanderbuilt Beach Road, Vanderbuilt Beach Road Extension, and Collier Boulevard. Access to the site will be provided from both Immokalee Road and Woodcrest Road. Traffic analysis shows approximations of project - generated increase in traffic of 1,500 ADTs on Immokalee Road west of the project site, 400 ADTs on Immokalee Road east of the project site, 700 ADTs on CR 951 south of Immokalee Road, 900 ADTs on Vanderbuilt Beach Road west of CR 951, and 1300 ADTs on Vanderbuilt Beach Road extension east of CR 951. This change in traffic represents a 3.8 percent increase in ADTs over a background of 39,500 ADTs on Immokalee Road west of the project site, a I percent increase in ADTs over a background of 38,700 ADTs on Immokalee Road east of the project site, a 3.5 percent increase in ADTs over a background of 19,800 ADTs on CR 951 south of Immokalee Road, a 8.5 percent increase in ADTs over a background of 10,600 ADTs on Vanderbuilt Beach Road west of CR 951, and a 20.6 percent increase in ADTs over a background of 6,300 ADTs on Vanderbuilt Beach Road extension east of CR 951. Packet Page -136- David S. Hobbie Page 5 FISH AND WILDLIFE RESOURCES The project will impact 23.87 acres of wetlands. The applicant proposes to mitigate the loss of wetlands by removing exotic vegetation from 15.67 acres of onsite wetlands, purchasing 14.23 wetland credits from PIMB (equating to 20.88 acres of preservation /restoration), and preserving and restoring a 92 -acre parcel in Hendry County, of which most of the acreage is wetlands. The Service believes the proposed mitigation is adequate to compensate for the loss of wetlands resulting from the project. Local traffic is expected to increase within the project area. There are no records of traffic related mortalities within the project vicinity and the projected increase in traffic from the proposed project is not expected to measurably increase adverse risk to the Florida panther. The applicant has proposed to provide habitat compensation to minimize the impacts of the Q project to the panther. Through the use of our panther habitat functional assessment, the Service has determined 1,094.39 PHUs are needed to offset the loss of panther habitat value on the E project site (Table 2). Proposed habitat compensation consists of the purchase of 14.23 wetland mitigation credits at PIMB (Figure 3). Each credit at PIMB provides 25.6 PHUs and 2.97 acres of panther habitat. Therefore, 364.29 PHUs (42.3 acres of preservation/restoration) are generated cV r— from credits from PIMB. In addition, the applicant has purchased a 106.17 -acre parcel in O Hendry County (Figure 3 and Figure 5), of which 92 acres will provide 731.51 PHUs to fulfill N CD project PHU needs (Tables 3, 3a, 3b). Exotic vegetation will be eradicated from this parcel and N it will be maintained in perpetuity through a conservation easement with the District. The C-0 habitat compensation proposed by the applicant, 1,095.8 PHUs encompassing a total 134.3 acres of preservation /restoration, minimizes the loss of panther habitat within the development area of the project site. Therefore, based on the preceding discussions, the Service believes the project "may affect, but is not likely to adversely affect" the Florida panther. This letter can be used as a. concurrence of that finding. This letter fulfills the requirements of Section 7 of the Act and no further action is required, If modifications are made to the project, if additional information involving potential effects to listed species becomes available, or if a new species is listed, reinitiation of consultation may be necessary. FISH AND WILDLIFE RESOURCES The project will impact 23.87 acres of wetlands. The applicant proposes to mitigate the loss of wetlands by removing exotic vegetation from 15.67 acres of onsite wetlands, purchasing 14.23 wetland credits from PIMB (equating to 20.88 acres of preservation /restoration), and preserving and restoring a 92 -acre parcel in Hendry County, of which most of the acreage is wetlands. The Service believes the proposed mitigation is adequate to compensate for the loss of wetlands resulting from the project. 6/26/2012 Item 9.A David S. Hobbie Page 6 Thank you for your cooperation in protecting federally listed ipecies and wetland resources. If you have any questions, please contact Brad Rieck at 772-562-3909, extension 231. Sinr s, Paul Souza Field Supervisor South Florida Ecological Services Office cc: EPA, West Palm Beach, Florida FWC, Vero Beach, Florida District, West Palm Beach, Florida (Anita Bain) LITERATURE CITED Comiskey, E.J., O.L. Bass, Jr., L.J. Gross, R.T. McBride, and R. Salinas. 2002. Panthers and forests in south Florida: an ecological perspective. Conservation Ecology 6(1):18. [online] URL:http://www.consecol.org/vol6/issl/artl8 Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, and K. Root. 2006 How 'Much Is Enough? Landscape -scale Conservation for the Florida Panther. Biological Conservation. Layne, J.N. and T.M. Steiner. 1996. Eastern indigo snake ( rymarchon corals couperi): summary of research conducted on Archbold Biological Station. Report prepared under Order 43910 -6 -0134 to the U.S. Fish and Wildlife Service; Jackson, Mississippi. U.S. Fish and Wildlife Service. 2004. Draft Standard Protection Measures for the Eastern Indigo Snake. Fish and Wildlife Service, South Florida Ecological Services Office; Vero Beach, Florida. U.S. Fish and Wildlife Service. 2007. Recertification of the Army Corps of Engineers' 2003 Panther Effects Determination Key. Fish and Wildlife Service, South Florida Ecological Services Office; Vero Beach, Florida Packet Page -138- O 1 N r N co N CO 7. N to R a ..D ° x b Q Cc G 0. O N Q an a txo R O w rr0^ Y/ "C5 O 3 as W U y b U 0 y U y 0 R U o > - 0. O O w C � -r _O r. OM rL W R U DA � Q [ H d eci H N G � U Q O t3 $ O� .o •• y N c0 a � a� O+ gc. 03 0 a) o ' U * y cz Lis t C y O N 0 3 ° R b G ° 0 Y 0 G ° SG C A U R G it O O R R s .�+ R 4 Z ° b O .0 - u o 0 = Cd .. 0 O .-. a CP\ R" ^ ° '3 U U U ,,� �; w s O o C 0 U ? R R U ca C3 � Cq ct U � u d z O U � v to) ccc0 y � O a�i U i E u N > x O00 00 X 0 b U N c,ry p O en 4 G y N rz O O 42 4. 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Packet Page -140- O CC O O 0 o 0 0 0 0 0 0 0 0 0 h V o0 h .--. 00 O 00 O� N 00 (y 0 0 0 0 0 0 0 0 d. h N N^ � d � C� C7\ O\ D, O U H;> v b4 d,: p U O O0� O a, O 00 Vl O W r~j '. ` O �D O O O 00 O O O 4 N O O 67 R H O .- h O O O 0 M d; �--� •-• --+ N~ M h Cl h 00 O M O N U H V 0 0 M ^ 0 0 0 0 00 w 0 0 0 o o 0 ^, h h C 67 y,y .: O U'1 N O O �O O O 4 a M O O � 0 0 O U o O1 -^ h V1 kn L.1) M N O 67 M t!1 ^ a d a o _ v - ° ON e CD U W 3 � N 'C .+r y N h Vi .V U CA U vi vi X W � o �? cC U �.. t:. .a b „J `-" .O 'Lf O 'C7 O 0 'L7 X o O 3 o o b ci c p o 0 0 °o W °o W 'Uq •in b.O O'y '�.., 6� ,V„ 'jN c0 :� R-i .b v� Zn F, Q N '_' O N N N N V y O NC v,` O vi vi G C C v1 C Q o C7 c " q ° p o o° 'C v v a Ts c c o @ in in y `o y `0 in in � in O �o `n � a v m o o 0 0o o R b�aaa �a wrs w rz c� Lz o 0 3 o 0 0� = c c c c c Fx:p ovod - W W W W W W W W W W N C,v 00 N No N o, O\ O� O, Q, rn h Q1 00 .t ct h •-. ^ = to tl} n n N V0 Packet Page -140- i Q� N T- 0 N CO N CO O DA O 0. a� O O � C O v� U v N �o N O, 011 on ON O% C% O\ D\ O` ON v •N � O y_; N O �' O � M O — CII O O M ot � bi y O i W O kn O D` .D ct M [� �D Ln 00 V1 M "I" M r G L V E.{.V w C p it y ter y 0 \ 0 \ o \ c \ o \ 0 c 0 \ 0 c 0 \ 0 \ 0 o v O O_- M Ic 7 - V M G � 6�i Fi O O O O O Vl M --• V1 M O N U �A y N - rn a v et' 00 C M N o 06 0 0 _ ��eq 0 a d w Y o cd tn Cam. 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L a. w t~ w w� W-' w w w w w V c V ^ v rn o` rn rn o� a r.. �' lNp N'V• C'A LN7 rq A•t Packet Page -142- I w� L N O N CO N QO N f� a� 0 Q O En ca C a. c 0 G 0 U L. a L 0 L], 0 U c 0 U -a U 2 M CQ kn O O O v'I 00 O O O Q: M M O O O O �^ O N M N N [`• O tn Qi W in D\ oN M O O O kn T Q', Q` O` C, C7� O\ O\ O to UW U � O O O O O O v� O O O O O M N [� O M CD O Cn Q, v� O (-1 a ^ O� O� �-•� O oo O O O 0 O O O O O O O O N O 0 0 In ^- 00 0 0 WU d ...W Qr O O l— Vn co 0 O 0 O 0 O 0 V' tt <t' v> O [— Ln ct M 0o N O �' GD N N M O 00 M l— O: to M M � '� O 0 0 0 0 0 0 ri 0 0 0 M r-DD V O -- ^ O � UFV Q Gzr � o ° 0 F` Cl tD ^ O O M 1p N o � 0 0 0 0 0 0 0 �J O O Vl � M ,�•, O M O O O e� W r 0 U' O I- N O O O O M N ['� O N v; � M v'I N ^ O of •� d' N 00 trl �n M 0 O C O w V u 0 o x x Y w o x X o o x W W I° O� e Ol o O\ e kn W W � o o � 'b N -o rl- °Nv�° °�-� �.-, a0z z o � �-�� to j U L '�3_ En m 45 :j a �� copal _� �mQOO sliZwv, o�� p�F U U A" � C � 0 �� O 00 p 'CJ •a ,� w VJ F �} W a s >> 0 ° ro OUP °' 73 x C° u w O F Aa GbW A ^NMW N N W M WNW N W M W W W N W W N W M w I W W N W O O `n - d- N N N N d' N N N 00 M M— IV Cd C- .o 0 x Q vi A C z a c 0 0 U 0 a� 4 c 0 c a� a c 0 U c c 0 U b c e3 M Packet Page -144- 6/26/2012 Item 9.A. a 0 0 � o r o vN°O ti W I D kn a, ON o, M UW 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WQ ,a d M° V C5 N V) � °o O�U d a O e F' N O O oo r- r o W U y M O O N Zn O C a U d y a o z C) rn a a F Co C c� di ° W UD Cz r U U d ?�C W UW a M Fq Ct') 0 N N N �t dN' V a Packet Page -144- 6/26/2012 Item 9.A. m T- �u v cU O 561 David S. Ylobbie Figure 1. Project Site. Packet Page -146- 6/26/2012 Item 9.A. Page 14 N I N N T- 0 N O N CO David S. Hobbie Page 15 Figure 2. Project Location. 6/26/2012 Item 9.A. David S. Hobbie Page 16 Figure 3. Panther Zones — Project Site and Compensation Sites. Packet Page -148- :' W N O N M N David S. Hobbie A s!� Figure 4. Surrounding Development. Page 17 U LI L David S. Hobbie SURPLUS AREA {Ef80 QVMlY YC Mf fCllJlO.t p,ukil �. ..r r...•. - l�wVY` iYn MITIGATION AREA tE4'SR. VMlG UU GDGR1sIlt p10i 11t f5 rMtSi A MtTD:fUrr;.Ty:.p fLDlwA �trMx...w.ex, r,.r. w;wxr. lvxautu: a,'xrcL rmla+!!ar .fa:D.t4M'�+(x •ff.. tixb M1AID'Xa/M.a» uwn... YASM �vM s eft INa!iar, tY* +wrwulfn xnrw! 4 •K rxn . xvlxt. rpw• tix frbr .x..lrilelV:sSi1pM< rv)tif rxutfra <mwx� na �xra�< ttrrbrx+x.,.n, a +:. u .. wai wns t «,,fxcaw: ,ax:n �uro aut rtk r; +wYt W M ' lbfr -l�sa. tl v:Un uaru-l. r�..: c .,.ACRL4ILNDIIY COUNTY Li: euvnev .ASSARELLA t�wt.cmr+rTAK:rxx,wFnnnDSam .. SSnC1ATES!' atrrronnonnnrwcwaw + r 6xmnu� Figure 5. Hendry County Compensation Site. Packet Page -150- 6/26/2012 Item 9.A. Page: 18 January 10, 2012 Ms. Jane Tutton PoAFI Q U.S. Fish and Wildlife Service rn 1339 20th Street E Vero Beach, Florida 32960 N RE: Federal Service Activity Code 41420- 2010 - CPA -0339 C) Corps Permit Application No. SAJ- 1996 -05549 (IP -WDD) N Cemex Alico North Quarry — Phase 3C Q0 Project No. 98FRI303 N Dear Jane; This letter and the following information is provided for your review prior to our meeting scheduled for January 19, 2012. To evaluate project effects to the Florida Panther (Puma concolor coryi), the U.S. Fish and Wildlife Service ( Service) considers the contributions that project lands provide to the Florida panther. In 2006, the Service developed the current Base Ratio in order to determine the amount of compensation necessary to offset impacts from development within the Panther Core Area (i.e., Primary, Dispersal, Secondary, and Other Zones). The development of the Base Ratio included evaluating factors such as: the documented panther population, a desired population of 90 panthers, and an analysis of conservation lands, lands at risk for development and projected development trends within the Panther Core Area. Since 2006, there has not been a re- evaluation of the Service's data, or the Base Ratio. Section 7(a)(2) requires the agencies to "use the best scientific and commercial data available" in fulfilling all Section 7 consultation obligations, which would include the analysis for the biological assessment. The current Base Ratio and compensation calculation were generated and justified using information from 2006. In the past five years, more up to date information has become available. As stated in the October 19, 2011 Biological Opinion for the Hogan Island Mine and in past biological opinions, the Service intends to re- evaluate the Base Ratio periodically and adjust as needed. Provided below is a brief overview of the data used to generate the current Base Ratio. Also provided is a discussion of new data, which support a re- evaluation of the Service's current Base Ratio. ' 16 U.S.C. § 1536(a)(2) 2 U.S. Fish and Wildlife Service. 2011. Biological Opinion for Hogan Island Mine. Service Federal Activity Code 41420- 2007 -FA -0564. South Florida Ecological Office. Vero Beach, Florida. 0 0 VQ C7 a <=- V }6 0� H V U O o� - a Ct* a e+ m � Fry b rn p C1 N PC �_ a° Q a a U Ca rXr bC �o via a W S H N n. �O .Q a a — S 6/26/2012 Item 9.A. AUG 2 7 2007 COLLIER COUNTY GOVERNMENT _ T Community Development and Environmental Services Division Department of Zoning and Land;Development Review x y August 17, 2007 2800 North Horseshoe Drive • Naples, Florida 34104 v RWA Consulting, Inc. ran Mr. Jamie L. Edgar 6610 Willow Park Drive, Suite 200 Naples, FL 34109 d H 8 W� RE: PMC- 07 -AR- 11746, Administrative Amendment to the Summit Lakes PUD Master Plan Dear Mr.. Edgar: y x This Ietter is in response to your- application letter of May 3, 2007 requesting an administrative approval of a minor refinement to the adopted Summit Lakes PUD Master Plan pursuant to Section 10.02.13..E.8 of the Land Development Code (LDC). The proposed change (as depicted in the revised August 3, 2007 PUD Master Plan— Exhibit "A ) is limited to the reconfigured lakes and the relocation of the recreation facility (Tract "RA ") from the northern boundary bordering the reconfigured lake to a central location within the PUD. This minor change is intended to provide a more fill- balanced development in an effort to minimize truck traffic. The proposed change will not change the total acreage for uses or number of units that are currently approved.. From the information depicted on the amended PUD Master Plan, it is the opinion of staff that the proposed minor refinements are consistent with the Collier County Growth Management Plan and with the criteria contained in the LDC permitting administrative approval of minor changes to an approved Master Plan. You may wish to have this letter recorded in the official records of Collier County as a permanent record of the variance approval., If you should have any questions, please do not hesitate to contact me.. Sincerely, Susan M. Istenes, AICP, Director, Department of Zoning and Land Development Review cc: Raymond Bellows, Zoning Manager Coriespondence file Summit Lakes PUD Main File SEP 10 2007 C o ! ! r9 e r C o u x t y Phone (239) 403 -2400 Fax (239) 643 -6968 or (239) 213 -2913 Packet Page -152- wwwcolliergovnet N N O N O N CU r,5 Pale �n • 6/26/2012 Item 9.A. j�2345g\ 8 jw 2W7 w W� ORDINANCE NO. 06- 62 �ZZtZOZ6�$� 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 REGOLATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURE (A) AND PLANNED UNIT DEVELOPMENT (PUD) AND FOR A PROJECT PREVIOUSLY KNOWN AS THE OUTDOOR RESORTS OF NAPLES A MOTORCOACH COUNTRY CLUB PUD, TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) FOR A PROJECT TO BE KNOWN AS THE SUMMIT LAKES RPUD, LOCATED ON IMMOKALEE ROAD (CR 849) APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R. 846), IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF .138.3+ ACRES; AND PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000 -49, THE OUTDOOR RESORTS OF NAPLES A MOTORCOACH COUNTRY CLUB PUD, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight H. Nadeau, of RWA, Inc., and Richard D. Yovanovich,' of Goodlette, Coleman and Johnson, P.A., representing Waterways Joint Venture V, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property described in the RPUD Document located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) and Rural Agricultural (A) to Residential Planned Unit Development (RPUD) for a project known as the Summit Lakes RPUD in accordance with the Summit Lakes RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate Official 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 2000 -49, known as The Outdoor Resorts of Naples a Motorcoach Country Club PUD, adopted on June 27, 2000 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. Packet Page -154- PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this /2tJ7 day of r N,. 6je ---,2006. ATTEST: DWIGHT E. BROCK, CLERK A Clerk CU CV BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALA , rdinance filed with the iry of State's Office the lay of r)e--n . , Zs�C :knowledgement o fpthat •eceived this �_ day y 6/26/2012 Item 9.A. SUMMIT LAKES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING SUMMIT LAKES RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE V 14627 COLLIER BOULEVARD NAPLES, FLORIDA 34120 PREPARED BY: P XVIA t. CONSULTING .JL L • v .L S. 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and GOODLETTE COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC 10/19/06 DATE APPROVED BY BCC 12/13/06 ORDINANCE NUMBER 06 -62 AMENDMENTS AND REPEAL Exhibit "A" 0:\2003 \030008.00.00 Waterways at Immokalee- Rezoning \0002 Rezoning \Summit Lakes RPUD 12 -19.06 (clean).doc Packet Page -156- R N 0 N co N Q0 TABLE OF CONTENTS List of Exhibits, Tables and Appendix i Statement of Compliance Section I Property Ownership and Legal Description I -1 Section 11 Project Development Requirements II -1 Section III Residential Development Standards III -1 Section IV Recreation Area IV -1 Section V Preserve Area V -1 Section VI Development Commitments VIA 0:12003\030008.00.00 Waterways at Irnrrwk2lee- Rezoning10002 Rezoninglsununit Lakes RPUD 12 -19 -06 (clean).doc 6/26/2012 Item 9.A. LIST OF EXHIBITS. TABLES AND APPENDICES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "C" VICINITY MAP EXHIBIT "D" TYPICAL CROSS SECTIONS . a 0:\2003 \030008.00.00 Waterways at Inunokalee- Rezoning\0002 Rezoning\Summit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -158- 11, N N T_ 0 N co N co STATEMENT OF COMPLIANCE The development of approximately 138.3 acres of property in Collier County, Florida as a residential planned unit development to be known as the Summit Lakes RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Summit Lakes RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the 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), and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential development. The project will provide "workforce" and "gap" housing as set forth below and shall be implemented through the provisions of the Land Development Code (LDC) and the companion Agreement Authorizing Affordable - Workforce Housing Density Bonus and imposing Covenants and Restrictions on Real Property ( "Density Bonus Agreement "). to provide the three (3) dwelling unit per acre density bonus. The proposed density of the Summit Lakes RPUD is 7.0 units per gross acre, and is therefore consistent with the FLUE, Policy 5.1. of the FLUE. 3. The project implements Objective 1 of the Housing Element by providing additional owner occupied work force (61 -80% of median income) dwelling units, as defined in the LDC, within the proposed master planned development; 4. The project furthers the intent of Policy 1.4 of the Housing Element by providing the recently recognized owner occupied gap (81 -150% of median income) housing in an area where planned infrastructure and services will be available; 5. The project implements Policy 2.9 of the Housing Element by providing affordable - workforce housing in accordance with a Density Bonus Agreement. 6. The development of the Summit Lakes RPUD will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the FLUE. 7. The Summit Lakes RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 8. The native vegetation provisions of the Summit Lakes RPUD implements Policy 6.1.1 of the Conservation and Coastal Management Element in that native preserves will be incorporated into the project design. ii 0:12003 \030008.00.00 Waterways at Imtnokalee- Rezoning\0002 RezoninglSumrnit Lakes RPUD 12 -19 -06 (clean).doc 6/26/2012 Item 9.A. 9. The Master Development Plan, with its extensive .natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 10. By virtue that the project must comply with the concurrency provisions of the LDC, it will implement, and further Objective 8 of the Transportation Element. 11. The proposed RPUD implements Objective 7 of the FLUE in that the proposed project interconnects with Woodcrest Drive to the east. Vehicular and pedestrian interconnection to the south and a portion of the west are prohibited given the built -out subdivisions on those adjoining lands. However, an interconnection to the agriculturally zoned plant nursery to the west may be appropriate in the future should conditions allow, and the site is proposed for rezoning and development. External interconnection to the parcel of land lying northeast of the project has been provided for as depicted on the RPUD Master Plan. 0:\2003\030008.Oo.00 Waterways a1 Itnmokalee- Rezoning \0002 Rezoning\Sumtnit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -160- N N 0 N C0 N C-0 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE 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 Summit Lakes RPUD. LEGAL DESCRIPTION COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26 S.02 °17'02 "E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT -OF -WAY OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG THE SAID SOUTH RIGHT -OF -WAY THE FOLLOWING FIVE (5) DESCRIBED COURSES: (1) THENCE S.89 °58'17 "E., A DISTANCE OF 398.07 FEET; (2) THENCE S.02 °17'42 "E., A DISTANCE OF 11.01 FEET; (3) THENCE S.89 °58'17 "E., A DISTANCE OF 385.13 FEET; (4) THENCE N.02 °17'42 "W., A DISTANCE OF 11.01 FEET; (5) THENCE S.89 °58'17 "E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE CONTINUING ALONG THE SAID SOUTH RIGHT -OF -WAY AS RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) THENCE S.02-18'21 "E., A DISTANCE OF 28.93 FEET; (2) THENCE S.89 °58'17 "E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02° 19'00 "E., A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57 FEET OF SAID SECTION 26, S.89 °59'07 "E., A DISTANCE OF 660.42 FEET, TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF I -1 0! .2003 \030008.00.00 Waterways at lmmokalee- Rezoning \0002 Rezoning\Summit Lakes RPUD 12 -] 9 -06 (cican).doc 6/26/2012 Item 9.A. SAID SECTION 25; THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02 °19'40 "E., A DISTANCE OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT -OF- WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT -OF -WAY, N89 °59'47 "W., A DISTANCE OF 30.02 FEET; THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT -OF -WAY, S.02 °19'40 "E., A DISTANCE OF 267.57 FEET; THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT -OF -WAY, S.89 059'57 "E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02 °18'34 "E., A DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE.ALONG THE SOUTH LINE OF THE SAID NORTH 1 /2, S.89 059'40 "W, A DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL LAKE RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83 THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR, N.02-18'1 8"W. A DISTANCE OF 668.59 FEET, TO THE NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR; THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02 °20'55 "W., A DISTANCE OF 286.14 FEET; THENCE N.89 °59'21 "W., A DISTANCE OF 660.44 FEET; THENCE N.02 019'09 "W., A DISTANCE OF 432.04 FEET; THENCE N.88 04941 "W., A DISTANCE OF 663.54 FEET; THENCE S.02 018'26 "E., A DISTANCE OF 350.83 FEET; THENCE S.89 058'59 "W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE NORTHEAST 114 OF SAID SECTION 26, N.02 °17'02 "W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.89 °58'36 "W., A DISTANCE OF 528.56 FEET, THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH 1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.02 °16'13 "W., A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE SOUTH RIGHT -OF- WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846). I -2 0: 2 0 0310 3 00 0 8.00.00 Waterways at lmmokalee- Rezoning10002 RezoninglSummit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -162- R m N 0 N co N CO THENCE ALONG THE SAID SOUTH RIGHT -OF -WAY THE FOLLOWING FOUR (4) DESCRIBED COURSES: (1) THENCE S.89 °58'16 "E., A DISTANCE OF 196.59 FEET; (2) THENCE S.00 °01'44 "W., A DISTANCE OF 21.00 FEET; (3) THENCE S.89 °58'16 "E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; (4) THENCE N.02 °17'02 "W., A DISTANCE OF 28.91 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 138.3 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture V (Folio: 00192280000, 00192000002, 00192160007, 00192320009, 00192040004, 00191920002, 00192880002, 00192200006, 00193080005, and 00192080006) 1.4 DEVELOPER The Summit Lakes RPUD is intended to be developed by Waterways Joint Venture V. All references to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture V, unless, and until the subject property described and depicted in this RPUD Document is sold to other individuals or entities. It is the responsibility of Waterways Joint Venture V to notify Collier County, in writing, of conveyances, of the subject property described and depicted in this RPUD Document within six months from the actual conveyance. 2.5 PHYSICAL DESCRIPTION The property is located in the northwest half of Section 26, Township 48 South, Range 26 East, Collier County, Florida. More than ninety -seven percent of the proposed project site is undeveloped. There is one single- family residence, and accessory structures located on a small portion of the property in the southeast comer. A former driving range exists on the northwest corner of the project. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.3 to 14.8 feet above mean sea level. The water management system consists of approximately 17.8 acres of open space that will receive run -off from structures and parking areas. Run -off shall be collected by catch basins and culvert systems for conveyance to the lakes. The lakes are interconnected by culverts, with project outfall being at the project's northwest corner of the 951 Canal. AIlowable discharge rates shall be in accordance with applicable County ordinances. 1 -3 0A2003\030009.00.00 Waterways at lmmokalee- Rezoning\0002 Rezoning\Summit Lakes RPUD 12-19-06 (clean).doc 6/26/2012 Item 9.A. 1.6 PROJECT DESCRIPTION The Summit Lakes RPUD shall be a residential development that includes 968 residential housing units in accordance with a companion Density Bonus Agreement. See Section 6.6. of this RPUD Document. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse, pool, etc.), and areas (interior within the clubhouse, and swimming pool and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from two points on Immokalee Road and one location on Woodcrest Drive located on the east property line of the project. The development intent is to complete the subdivision in a single phase with construction commencing in the fourth quarter of 2007. Project. build -out is anticipated to occur in 2010, or sooner, based on market demand. The westerly access Iocation on Immokalee Road, and proposed County roadway improvements were agreed to in a Stipulated Final Judgment (Case No. 03- 0519 -CA). 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. The developer of the Summit Lakes RPUD recognizes the need for interconnections between neighboring properties /developments. The developer of the Summit Lakes RPUD is intending to provide access via an encumbered portion of Woodcrest Drive, as well as limited acceptance of "treated" storm water, .and connections for potable water and sanitary sewer utilities to the neighboring property to the south owned by Habitat For Humanity of Collier County, Inc. Commitments for the provision of access and infrastructure will be formalized through an agreement between the two property owners, and will be provided to the County. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Summit Lakes Residential Planned Unit Development Ordinance ". I -4 0:120031030008.00.00 Waterways at lmmokalee- Rezoning \0002 Rezoning`Summit Lakes RPUD 12 -19-06 (clean).doc Packet Page -164- _N N 0 N N SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Summit Lakes RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Summit Lakes RPUD shall be in accordance with the contents of this Document, the RPUD- Residential Planned Unit Development District, and other applicable sections and parts of the LDC in effect at the time of the application for the type of development order to which the regulations relate. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district of the LDC shall apply. B. This RPUD Document and RPUD Master Plan are 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 defmitions set forth in the 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 Summit Lakes RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or exempted through the approval of a deviation stated herein, 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. I1 -1 0: 120031030008.00.00 Waterways at Inunokalee- Rezoning \0002 Rezoning'Sunmih Lakes RPUD 12 -19 -06 (clean).doc 6/26/2012 Item 9.A. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and uses of land is illustrated graphically by Exhibit "A ", RPUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITSIFT. ACREAGE± TRACT "R" RESIDENTIAL 968 110.7 TRACT "RA" RECREATION AREA 0 3.9 TRACT "P" PRESERVE 0 23.7 968 138.3 B. Areas illustrated as lakes by 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, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this RPUD Document. 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 968 residential dwelling units may be constructed on the total project area. The gross project area is approximately 138.3 acres. The gross project density, therefore, will be a maximum of 7.0 dwelling units per acre. II -2 0:12003 \030008.00.00 Waterways at lmmokalee- RezoningD002 RezonineSummit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -166- N N 0 N CD N Co 2.5 2.6 2.7 RIGHTS -OF -WAY A. All platted project streets shall have a minimum 50 -foot right -of -way. A deviation from Section 6.06.01 (0) of the LDC for 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.I3.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004- 66. Typical Street Section, B -4 and B -5 which requires 60 foot of right -of -way (See Appendix "A ", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The rights -of -way shall be private, and shall be classified as local streets. B. Utilization of lands 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. A deviation from Section III Exhibit "A ", Design Requirements for Subdivisions C.13.e, of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004 -66. AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Document or RPUD Master Development Plan, Exhibit "A ", as provided for in the LDC. Minor changes and refinements as described in Section 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the LDC. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales /rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Summit Lakes RPUD. B Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval, and prior to final plat approval, subject to the provisions of of the LDC. However, the Summit Lakes RPUD 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 sixteen. A deviation from LDC Section 5.04.04.B.5.c. that limits the total number of model homes in a single development to five. II -3 0:12003 \030008.00.00 Waterways at Immokalee- Rezoning \0002 Rezoning\summit Lakes RPUD 12 -19 -06 (clean).doc 0 6/26/2012 Item 9.A. C. The existing single - family principal structure may be used for a temporary sales center, and construction operation /management offices, and may be served by the existing well and septic systems. Such use of the existing single - family structure shall be in compliance with all applicable federal, state and local laws and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area, not to exceed 2500 square feet), 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 Summit Lakes RPUD. 2.8 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. SDP application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans to depict the location of the clubhouse and related facilities within a future platted tract. If access, drainage and utilities are available to serve the clubhouse facilities, the SDP may be approved before the improvement plans for the subdivision are approved. The clubhouse and related facilities shall be located on a tract that will be platted. 2.9 EXISTING STRUCTURES The existing principal structure within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.7 of this RPUD Document. The existing structure may be retained through the construction and platting phases of the development. 2.10 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Summit Lakes RPUD requires a 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 the Conservation and Coastal Management Element of the GMP, and the LDC; a minimum of 23.60 acres are required to be retained or replanted. Native vegetation areas shall not include those areas of vegetation that have greater than seventy -five percent (75 %) canopy coverage of exotic species. II -4 0:\2003 \030008.00.00 Waterways at Inunokalee- Rezoning \0002 Rezoning\summit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -168- The RPUD Master Plan depicts two Preserve Areas that shall be platted as a Native Preserve Tracts. The 23.7 -acre Preserve Area depicted shall consist of native vegetation. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. Native preserves shall have an average fifty -foot (50') width, with no less than twenty feet (20'). The design, area, and configuration of the native preserves may be modified from the depiction on the RPUD Master Plan. However, the remaining native preserves shall not be decreased below 23.6 acres in total area. F= N N O N CO N O n).doc SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE 6/26/2012 Item 9.A. The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A ". Residential development and supporting infrastructure, perimeter land use buffers, as well as 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 968 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: A. Principal Uses: 1) Single- family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence). 2) Single- family detached dwellings. 3) Multi- family dwellings including mid -rise, coach home and garden apartments. 4) Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.7 of this RPUD Document). B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools, with or without screened enclosures, and other outdoor recreation facilities: Model homes (See Section 2.7 of this RPUD Document). 11I -1 0A2003\030008.00.00 Waterways at Immokalee- Rezoning \0002 RezoninglSummit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -170- MI �i 1- V 0 N CO N CD 3.4 DEVELOPMENT STANDARDS 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. III -2 0:\2003 \030008.00.00 Waterways at Immokalee- Rezoning\0002 Rezoning\Sutnmit Lakes RPUD I2 -19 -06 (clean).doc 6/26/2012 Item 9.A. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE - MULTI- CLUBHOUSE/ STANDARDS FAMILY FAMILY FAMILY RECREATION DETACHED ATTACHED TOWNHOUSE PRINCIPAL STRUCTURES" 2.3,4 MINIMUM LOT AREA 2,250 S.F. 1,250 S.F. I ACRE 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 SF N/A MINIMUM FRONT YARD 20 FEET 20 FEET 20 FEET N/A MINIMUM SIDE YARD 7.5 FEET 0 FEET or 15 FEET or N/A 6 FEET 1/2 BH MINIMUM REAR YARD 15 FEET 15 FEET 20 FEET N/A MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DIST. BETWEEN STRUCTURES 15 FEET >20' or >20' or N/A '/2 BH '/2 BH MAXIMUM BLDG. HT.' NOT TO EXCEED 35 FEET 40 FEET 45 FEET 35 FEET ACCESSORY STRUCTURES" 2,3.4 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 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DIST. BETWEEN STRUCTURES 15 FEET 12 FEET 15 FEET or 15 FEET or '/2 BH '/2 BH MAXIMUM BLDG. HT. NOT TO EXCEED 35 FEET 40 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures BH: Zoning Building Height III -3 0:\2003 \030008.00.00 Waterways at Immokalee- Rczoning10002 RezoninglSummit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -172- N N O N N Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement; however, no structures are permitted in the required, 20- foot lake maintenance easement. 2) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 3) All residential principal structures shall maintain a minimum 85 foot setback from the back of the curb of the travel lanes on Immokalee Road in its 6 -lane configuration 4) Firewall protrusions into required yards are permitted up to three (3) feet. S) Entrance features (i.e.: clock towers and colonnades) shall be limited in height to no greater than 50 feet, and shall be permitted associated with the proposed privacy /sound barrier on the north property boundary. III -4 0:\2003 \030008.00.00 Waterways at Itnmokalee- RezoningW002 Rezoning\Summit Lakes RPUD 12 -19 -06 (dean).doc. SECTION IV RECREATION AREA 4.1 PURPOSE 6/26/2012 Item 9.A. 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 areas. 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 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 in this Document. There shall be a minimum 20 -foot separation between recreational building(s) from all residential units. IV -1 0:\2003 \030008.00.00 Waterways at lmmokalee- Rezoning\0002 Rezoning \Summit Lakes RPUD 12 -19-06 (alean).doc Packet Page -174- Q E N N O N CD N SECTION V PRESERVE AREA 5.1 PURPOSE 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. 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) Nature preserves. B. Accessory Uses: 1) Water management structures. 2). Mitigation areas. 3) 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 the appropriate permitting agencies. V -1 O:00031030008.00.00 Waterways at Irmnokafee- Rezoning\0002 Rezoning�Summit Lakes RPUD 12- 19-06 (dean).doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE 6/26/2012 Item 9.A. 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 final site development plans, final subdivision plats (if required), and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD Document, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer, are bound by any 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. Which commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the development its, successors, and assigns, regardless of turnover or not to any property or 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 site development plan 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. VI -1 0:12003 \030008.00.00 Waterways at 1nunokalee- Rezoning\0002 Rezoning4Sumtnit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -176- W 0 N CD N (.0 SCHEDULE OF DEVELOPMENT The development intent is to complete the subdivision in a single phase with construction commencing in the fourth quarter of 2007, Project build -out is anticipated to occur in 2010, or sooner, based on market demand. TRANSPORTATION The development of this RPUD Master Development Plan 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 edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all 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 egress 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 commencement of construction. D. Road impact fees shall be paid in accordance with, applicable County ordinances, except as may be modified by the Developer's Contribution Agreement for Summit Lakes. E. All work within Collier County rights -of -way, or public easements, shall require a right -of -way permit. F. Notwithstanding Case No. 03- 0519 -CA, all proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended. The 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. G. Notwithstanding Case No. 03- 0519 -CA, 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. Vl -2 0:\20031030005.00.00 Waterways at Immokalee- Rezoning\0002 Rezoning\summit Lakes RPUD 12 -19-06 (dean).doc 6/26/2012 Item 9.A. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. The County shall have no responsibility for maintenance of any such facilities. Notwithstanding Case No. 03- 0519 -CA, if any required tam lane improvement requires the use of existing County rights -of -way or easements, then compensating right -of -way shall be provided without cost to the County as a consequence of such improvement. If, in the 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 any easement, is determined to be necessary, then the cost of such improvement shall be borne by the developer and shall be paid to the County before the issuance of the first CO. K. Payment in lieu of sidewalks and bike lanes for Immokalee Road frontage shall be required. The amount shall be determined using FDOT's 2004 Transportation Costs, as amended. Payment shall be required within 30 days of approval of zoning petition by the Board of County Commissioners, unless and appeal is filed. L. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the developer. M. Upon being warranted by the County, the developer shall provide a fair share contribution toward the installation and maintenance of a traffic signal at the intersection of Woodcrest Drive and Immokalee Road. N. The developer shall accept 5.9 acres of storm water from the proposed Woodcrest Drive improvements. O. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes shall be required for the project access point and compensating right -of- way shall be provided without cost to the County upon plat or site development plan approval. P. An interconnection to the agriculturally zoned plant nursery to the west of the project may be appropriate in the future should conditions allow. Therefore, a potential interconnection has been provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned undeveloped parcel at the northeast corner of the project is appropriate. The developer shall design and construct the shared access with the appropriate development order application. Any necessary easements will also be dedicated with the development order. VI-3 0A2003\030008.00.00 Waterways at inunokalee- Rezoning10002 Rezoning'Summit Lakes RPUD 12 -19-06 (clean).doc Packet Page -178- N N O N O N O Q. The developer shall build a local road cross - section on Woodcrest Drive from Immokalee Road to the southern boundary of the proposed Woodcrest RPUD. 1) if the right -of -way for the entire road is not available, the developer shall construct the portion that has sufficient right -of -way. Where the right -of -way is not available, the developer shall pay in lieu of construction within 30 days of the right -of -way permit issuance. 2) Should the County approve a developer contribution agreement (DCA), such agreement shall provide road impact fee credits for the design, construction and permitting, including environmental mitigation, for the upgrade from a local road to a minor collector road. R. The developer shall dedicate to the County, at no cost to the County, and within 90 days of rezone approval, approximately 1.51 acres for Woodcrest Drive right -of- way. This dedication shall not be eligible for road impact fee credits. S. The County shall facilitate the developer's SFWMD Letter Modification to excavate Immokalee Road Pond #2 for fill for the road bed wherein one -half of the generated fill material will be utilized for the Woodcrest Road project and the remaining portion may be utilized by the developer. T. Fill material shall not be delivered to the project during morning and afternoon peak travel times. 6.6 AFFORDABLE HOUSING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: If a density of four (4) units per acre is exceeded, the additional density will be constructed in accordance with the companion Density Bonus Agreement. A maximum of 968 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 138.3 acres and a maximum seven dwelling units per acre. A density of up to 3.0 dwelling units per acre shall be developed in accordance with an approved Density Bonus Agreement. The following limitations and performance standards shall be adhered to: A. No workforce housing unit, nor gap housing unit (that is subject to the AHDBA), in the development shall be sold by the developer to those whose household income has not been verified and certified to be between sixty one to eighty (61 -80 %) percent, and between eighty -one to one hundred -fifty (81 -150 %) percent of the median family income for Collier County, respectively. Such verification and certification shall be the responsibility of the developer and shall be made available to the County Manager, or his designee, for review, upon request. V14 O:t2003\030008.00.00 Waterways at Immokalee- RezoningW02 RezoninglSummit Lakes RPUD 12 -19 -06 (clean).doc 6/26/2012 Item 9.A. B. The developer shall provide potable water and sanitary sewer conveyance facilities to benefit the Habitat For Humanity of Collier County's Woodcrest RPUD lying immediately south of Summit Lakes on Woodcrest Drive. The provision of these utility facilities will provide a cost savings to Habitat for Humanity of Collier County, Inc. estimated to be approximately $365,000.00. C. The developer shall contribute $1,000.00 for each market rate unit platted. The $1,000.00 contribution for each market rate unit platted shall be a credit against any affordable housing fee adopted by the County which may be applicable to this project. D. The developer shall also be entitled to up to a $365,000.00 credit against the $1,000.00 per market unit contribution requirement provided the actual value of any such credit is confirmed by an audit of the Clerk of Court and then approved by the Board of County Commissioners upon staff recommendation. Any such credit shall be in recognition of the developer's contribution for water, sewer, drainage and road facilities to Habitat for Humanity of Collier County, Inc. In requesting any such credit, the developer shall provide any necessary documentation /information to the Clerk for the audit process. E. The developer has also committed to provide 100 additional housing units that would meet the pricing guidelines for "gap" housing. These additional "gap" housing units shall not be associated with the companion Density Bonus Agreement, and shall not be subject to the provisions contained therein. F. The 100 additional "gap" housing units that are not associated with the companion Density Bonus Agreement shall be titled and sold under a contractual condition that shall restrict investor /speculator purchase and re -sale of those homes for a period of two years after contract execution. 6.7 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 the Engineering Review Services Department for review and approval. No construction permits shall be issued unless and until Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the LDC 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. VI-5 0: 1,20031030008.00.00 Waterways at Immoka lee- RezoningM02 Rezoningl5ttmmit Lakes RPUD 12 -19 -06 (clean).doc Packet Page -180- N N T- O N co N CD 6.8 6.9 UTILITIES 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 shall be designed, constructed, conveyed, owned, and maintained in accordance with applicable County ordinances and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. 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 shall be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be similarly depicted on any plat. Any instruments, plats, or plans creating conservation areas shall include provisions imposing protective covenants per, or similar to, those found in Section 704.06, Florida Statutes. C. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species or their habitats are observed on site, a habitat management plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. D. The RPUD shall be consistent with the environmental sections of the Collier County GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. VI -6 0:\2003 \030008.00.00 Waterways at Ittvnokalee- RezoningW002 Rezoning\Suntmit Lakes RPUD 12 -19 -06 (clean).doc 6/26/2012 Item 9.A. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, the construction operation/management office and model center. These structures may be constructed after zoning approval. 6.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Summit Lakes RPUD, except in Preserve Areas. A. Privacy /sound barrier wall height: Privacy /sound barrier walls are proposed on the Immokalee Road project boundary. The wall is proposed to be located on top of perimeter berming rather than on existing grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.023. The privacy /sound barrier wall associated with the Immokalee Road project boundary shall not exceed eight (8') feet. Deviation from LDC Section 5.03.02. C. 1. B. Landscape plantings associated with the attached single - family residential buildings shall comply with the LDC. V1 -7 0:120031030005.00.00 Watetways at Immokalee- Rezoning10002 RezoningLSummit Lakes RPUD 12 -19-06 (clean)_doc Packet Page -182- CD N T- C) N N I a iu ! pl �i Snt yytlp yy y. Nye y t`Q q W V O J EF6 i ai l�OJ i� � jI1KT 'K ---- ------ - - - - -- - - -_ �I� ee: l cd � r 1 --------- - y yt;p leitC! a @41 I I I k _ ' EXHIBIT "A" INC ix SUMMIT LAKES D `ATA WATERWAYS JOINT VENTURE V � vuwlm,uon u.� HLSfl ru RPUD M RPUD MASTER PLAN 6/26/2012 Item 9.A. I o r y �1 1 ,�.• qr. M � w� +sw ' h EXHIBIT "B" • e : i rI a R� � ii'�l��j'" � �•!!1l111 i° Packet Page -184- < > LL- X ri -n Z 0 a: co Ln 7 .56 rn 71 81S CCIVI-' (D > z C, 7. m C14 0 LAURELWC)OD 0 C) C14 CU -DO 70 C.0 as �7 > Z .-v r� z L rrl Z > D < to m > --i > rri Lrl r < Kt 1 p -. -2 y ^i i U r, ................................................................ ........ 1A EXHIBIT ficli INC. SUMMIT LAKES AT XTS WATERWAYS JOINT VENTURE 1D'X A CONSULTING JL W. F L RPUD JL VICINITYMAP 1. II e I Az 6/26/2012 Item 9.A. k pall. Ir II e I Az 6/26/2012 Item 9.A. III II II IL 4. i '63E 7YR 11 -C-N7TTTT-lT-r 11111 VA L TU n p $ I Furl 1:71 WATERWAYS JOINT VENTURE V SUMMIT LAKES DUTA DIC. SU LTIN O JL C"Enpmuft RPUD ezl_?A Swvc3,*&Mov*& CROSS SECTIONS Packet Page -186- Ir III II II IL 4. i '63E 7YR 11 -C-N7TTTT-lT-r 11111 VA L TU n p $ I Furl 1:71 WATERWAYS JOINT VENTURE V SUMMIT LAKES DUTA DIC. SU LTIN O JL C"Enpmuft RPUD ezl_?A Swvc3,*&Mov*& CROSS SECTIONS Packet Page -186- I A • This space for recording N N AGREEMENT AUTHORIZING AFFORDABLE- WORKFORCE HOUSING N DENSITY BONUS AND IMPOSING COVENANTS AND N RESTRICTIONS ON REAL PROPERTY CO THIS AGREEMENT is made as of the 13th day of December, 2006, by and between Waterways Joint Venture V (the "Developer ") and the Collier County Board of n County Commissioners (the "Commission "), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The 'Property"). It is the Developers intent to construct a maximum of 968 residential units (the "Units ") at a density of 7_0 units per gross acre on the Property. The gross acreage of Property is 138.3 acres. If the density on the Property is maximized, the number of affordable - workforce housing units constructed by Developer shall be 200 of 968 units, representing 21 percent of the total number of residential Units approved in the development. The total number off affordable - workforce housing units will be based on the number of bonus units constructed. Forty eight and nineteen hundredths percent .(48.19%) percent of the constructed bonus units Page 1 of 33 (Revised 9120106) will be affordable- workforce housing, of which half units will be gap units and. half will be workforce un B. In order to construct the Units, the D from the Commission for the Property as provided Housing Density Bonus Ordinance No. 90 -89, 6/26/2012 Item 9.A. the affordable- workforce housing must obtain a density bonus in the Collier County Affordable codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 of seq. which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 415 Bonus Units on the Property, if the Developer agrees to construct affordable- workforce, and gap units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 3_0 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that he shall construct 24.095% of the Bonus Units as workforce units and 24.095% of the Bonus Units as gap units, not to exceed 21% of the constructed residential density as affordable - workforce housing units, which units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this A reement. a. The following provisions shall be appli "able to the affordable, workforce (Revised 9/20/06) Page 2 of 33 Packet Page -188- a� N 0 N N and gap Units: (1) Defined terms: in the event of a conflict between terms as defined in the LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, 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 hereto as Appendix A, Exhibit C, which Exhibit shall be 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 Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three -step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low, low, workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. (Revised 9/20/06) Page 3 of 33 6/26/2012 Item 9.A. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining inco a certification for all affordable, workforce, and gap units in the subject development. All applications, forms and other documentation required by this Agreement sha ( be provided to the Financial Administration and Housing Department. Qualifcatio by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. The Developer and Commission acknowledge and agree that once the developer has delivered all affordable, workforce, and gap units contemplated under this Agreement to approved purchasers, the Developer shall no longer be required to provide progress and monitoring reports, and shall no longer be liable for enforcement action under this Agreement. (a) Application. A potential owner shall epply to the developer, owner, manager, or agent to qualify as a very low, low, wo orce, or gap income family for the purpose of owning and occupying an afford able -wor force housing unit pursuant to the affordable- workforce housing density bonus progra The Preliminary Application for affordable- workforce housing unit shall be provide to Collier County Housing and Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable- workforce housing unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entir household) may be used for the (Revised 9120/06) Page 4 of 33 Packet Page -190- Mi CD N 0 N co N co purpose of income verification, attached to the affordable- workforce housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable- workforce housing Applicant Income Verification form shall be provided to the Housing and Grants Section as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable- workforce housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable - workforce housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable- workforce housing unit under the affordable- workforce housing density bonus program. The affordable - workforce Housing Applicant Income Certification form shall be provided by the Housing and Grants Section as shown in Appendix B, Exhibit C, is attached to this Agreement and is ins Norated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Housing and Grants Section upon reasonable notice. (4) Annual Progress and Monitorinq Report, The Developer shall provide the Housing and Grants Section an annual progress and monitoring report regarding the (Revised 9/20106) Page 5 of 33 6/26/2012 Item 9.A. delivery of affordable - workforce housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Grants Section. Failure to complete a d submit the monitoring report to the Housing and Grants Section within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration Of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No afforda�eveloper, e- workforce unit in any building or structure on the Property shall be occupied by the any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4_0 units per acre, and is therefore granted a density bonus of 3_0 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 7_0 units /ac, pursuant W LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 968 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administrati n and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable, workforce, or gap Unit. (Revised 9120/06) Page 6 of 33 Packet Page -1922- I. 0.0, a� N 0 N 0 N CD 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable- workforce housing unit provided under the affordable- workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Grants Section or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return- receipt requested U.S. Mail, or hand - delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable- workforce units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over (Revised 9120106) Page 7 of 33 6/26/2012 Item 9.A. the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, ser tence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier Couny Housing and Grants Section 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Waterways Joint Venture V 15122 Summit Place Circle Naples, Florida 34119 With copy to: Richard D. Goodlette, 4001 Tami Suite 300 Naples, FI( (Revised 9/20/06) Page 8 of 33 Packet Page -194- vanovich leman & Johnson, P.A. i Trail North 34103 a� N 0 N Q0 N co Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. , 14 (Revised 9/20/06) Termination. Each affordable, workforce, or gap housing unit shall be Page 9 of 33 6/26/2012 Item 9.A. restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertise , sells or maintains the affordable - workforce housing unit, it must advertise sell, i d maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable- workforce housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable- workforce units. e. The affordable- workforce housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable, workforce, and gap housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for affordable- workforce housing Density Bonus shall be the same for market rate units and affordable- workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable - Workforce Housing Density Bonus shall be the same in both the market rate units and the affordable - workforce units in each phase. Units in a subsequent phase (Revised 9120/06) Page 10 of 33 Packet Page -196- Q) N 0 N 0 N may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce, and gap units are the same within each phase and provided that in no event may a market rate unit or affordable- workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable - workforce housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 24.095% of the Bonus Units being gap units and 24.095% of the Bonus Units as workforce units in each phase of the development of the Property. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable - workforce housing unit or units, which units in the development are designated as affordable- workforce housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable - workforce housing units and the amount of affordable- workforce housing density bonus approved for the development. 20. Affordable - Workforce Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable - Workforce (Revised 9/20106) Page 11 of 33 6/26/2012 Item 9.A. Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in otder to effectuate the intent of the Y Y q Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST, . DWIGHT E. bROCK, Clerk �;hatrZpyty Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CRAIRMAN Approved as to form and legal sufficiency: Assistanitounty Attorney (Revised 9120/06) Page 12 of 33 Packet Page -198- PC' N 0 N CO N Witnesses: Witness inted Name Witness Printed Name I STATE OF FLORIDA } COUNTY OF COLLIER ) DEVELOPER: Waterways Joint Venture V 15122 Summit Place Circle Naples, Florida 34119 By: Q.�c�.�a,Q.D vaJ�l�pe -r M The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development Inc. as General ^Partner of waterways at Hibiscus Ltd. as General Partner of waterways Joint Venture V, who is personally known to me or has produced as identification. WITNESS my hand and official seal this 15r" day of hutmb- n_ , 2006. My Commission Expires:, uu, ZB, 2DId (Revised 9/20/06) Page 13 of 33 791d, • - Ndio�I Aga 6/26/2012 Item 9.A. EXHIBIT A LEGAL DESCRIPTION COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26 S.02 °17'02 "E., A DISTANCE OF 150.12 FEET, TO THE SOUTH RIGHT -OF -WAY OF IMMOKALEE ROAD (COUNTY ROAD 846) AS RECORDED IN OFFICIAL RECORDS BOOK 3188, PAGES 1723 THROUGH 1726 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG THE SAID SOUTH RIGHT -OF -WAY THE FOLLOWING FIVE (5) DESCRIBED COURSES: (1) THENCE S.89 °58'17 "E., A DISTANCE OF 398.07 FEET; (2) THENCE S.02 °1742 "E., A DISTANCE OF 11.01 FEET; (3) THENCE S.89 °58'17 "E., A DISTANCE OF 385.13 FEET; (4) THENCE N.02 °17'42 "W., A DISTANCE OF 11.01 FEET; (5) THENCE S.89 °58'17 "E., A DISTANCE OF 537.20 FEET, TO A POINT ON THE EAST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE CONTINUING ALONG THE SAID SOUTH RIGHT -OF -WAY AS RECORDED IN OFFICIAL RECORDS BOOK 3128, PAGES 2557 THROUGH 2566 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) THENCE S.02-18'21 "E., A DISTANCE OF 28.93 FEET; (2) THENCE S.89 °58'17 "E., A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID WEST 1/2, S.02 °19'00 "E., A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET OF THE SOUTHERLY 267.57 FEET OF SAID SECTION 26, S.89 °59'07 "E., A DISTANCE OF 660.42 FEET, TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE SAID EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, S.02 °19'40 "E., A DISTANCE OF 1,070.29 FEET, TO THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT - OF -WAY FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE SAID 30 FOOT WIDE RIGHT -OF- WAY, N89 °59'47 "W., A DISTANCE OF 30.02 FEET; (Revised 9/20106) Page 14 of 33 Packet Page -200- (Revised 9 /20/06) Page 15 of 33 THENCE ALONG THE WEST LINE OF THE SAID 30 FOOT WIDE RIGHT -OF- WAY, S.02 019'40 "E., A DISTANCE OF 267.57 FEET; THENCE ALONG THE SOUTH LINE OF THE SAID 30 FOOT WIDE RIGHT -OF- WAY, S.89 059'57 "E., A DISTANCE OF 30.02 FEET, TO THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE ALONG THE EAST LINE OF THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26, S.02 °1834 "E., A DISTANCE OF 668.96 FEET, TO THE SOUTHEAST CORNER OF SAID NORTH Q 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE SAID NORTH 1/2, S.89 °59'40 "W, A =' DISTANCE OF 660.57 FEET, TO A POINT ON THE EAST LINE OF CRYSTAL N LAKE RV RESORT PHASE FOUR, AS RECORDED IN PLAT BOOK 22, PAGES 83 N THROUGH 86 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; C-0 THENCE ALONG THE EAST LINE OF SAID CRYSTAL LAKE RV RESORT N PHASE FOUR, N.02-18'1 8"W. A DISTANCE OF 668.59 FEET, TO THE NORTHEAST CORNER OF SAID CRYSTAL LAKE RV RESORT PHASE FOUR; THENCE LEAVING NORTHEAST CORNER OF SAID CRYSTAL LAKES RV RESORT PHASE FOUR AND ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02 °20'55 "W., A DISTANCE OF 286.14 FEET; THENCE N.89 °59'21 "W., A DISTANCE OF 660.44 FEET; THENCE N.02 019'09 "W., A DISTANCE OF 432.04 FEET; THENCE N.88 049'41 "W., A DISTANCE OF 663.54 FEET; THENCE S.02 018'26 "E., A DISTANCE OF 350.83 FEET; THENCE S.89 058'59 "W., A DISTANCE OF 658.43 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, N.02° 17'02 "W., A DISTANCE OF 976.09 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, THENCE ALONG THE SOUTH LINE OF THE SAID EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, N.89 °5836 "W., A DISTANCE OF 528.56 FEET, THENCE ALONG THE WEST LINE OF O.R. BOOK 2228 PAGES 1540 THROUGH 1544 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, N.02-16'1 3"W., A DISTANCE OF 1180.49 FEET, TO A POINT LYING ON THE SOUTH RIGHT -OF -WAY, OF IMMOKALEE ROAD (COUNTY ROAD 846). THENCE ALONG THE SAID SOUTH RIGHT -OF -WAY THE FOLLOWING FOUR (4) DESCRIBED COURSES: (l) THENCE S.89-58'1 6"E., A DISTANCE OF 1.96.59 FEET; (2) THENCE S.00 °01-44 "W., A DISTANCE OF 21.00 FEET; (3) THENCE S.89 °58'16 "E., A DISTANCE OF 332.54 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26; (4) THENCE N.02 °17'02 "W., A DISTANCE OF 28.91 FEET, TO THE POINT OF (Revised 9 /20/06) Page 15 of 33 11 6/26/2012 Item 9.A. BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 138.3 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THE BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. (Revised 9120/06) Page 16 Df 33 Packet Page -202- N 0 N N APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE - WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81 -150% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL WORKFORCE INCOME (61 -80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (Revised 9120/06) 100 of 968 units or 24.095% of approved bonus units above base density 24.095% of approved bonus units above base density 100 of 968 units or 24.095% of approved bonus units above base density 24.095% of approved bonus units above base density Page 17 of 33 6/26/2012 Item 9.A. LOW INCOME (51%-60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 (1) Base residential density allowed in this development 4_0 units /acre. (2) Gross acreage 138.3 . (3) Maximum number of affordable - workforce housing density bonus units allowed in this development pursuant to LDC Section 2.06.00.415 units. (4) Gross residential density of this development (including affordable- workforce housing density bonus units) 7 .00 units/acre. (5) Percentage of affordable- workforce housing units pledged by the developer (as a percent of the total number units in the development) 21 %, (Revised 9/20/06) Page 18 of 33 Packet Page -204- a) N T_ 0 N N CD APPENDIX A. EXHIBIT B AFFORDABLE- WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable - workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The affordable- workforce housing density bonus rating system shall be used to determine the amount of the affordable- workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the affordable- workforce housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, workforce, or gap) of the affordable - workforce housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of affordable - workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable - workforce housing density bonus (AWHDB) available to that development. Developments with percentages of affordable- workforce housing units which fall in between the percentages shown on Table A shall receive an affordable - workforce housing density bonus equal the lower of the two percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each additional percentage of affordable- workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable - workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable - workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the affordable- workforce housing density bonus exceed eight (8) dwelling units per gross acre. (Revised 9120106) Page 19 of 33 6/26/2012 Item 9.A. APPENDIX A, EXHIBIT B AFFORDABLE- WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE- WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE - WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median) 81 -150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a Ga 61 -80% Workforce MI* 2 3 5 8 8 8 8 8 8 8 51 -60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner- occupied only * *May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable - Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. (Revised 9120106) Page 20 of 33 Packet Page -206- a� N 0 N N 0 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances,. moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,200 104,700 113,100 121,500 129,900 138,150 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME (Revised 9/20/06) Page 21 of 33 ONE BEDROOM UNIT TWO. BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 150% $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 (Revised 9/20/06) Page 21 of 33 LOCATION Naples and Coastal Collier County Immokalee and East of 6/26/2012 Item 9.A. UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. (Revised 9120106) Page 22 of 33 Packet Page -208- a) N Ir- 0 N C-0 N APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE- WORKFORCE HOUSING UNIT Date Occupancy Desired: Your Name: Co -Tenant Name Present Address: Date of Application: Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes — No _ Race/National Origin: Handicap: Yes — No _ Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO- TENANT: Present Employers Name (Revised 9/20/06) Page 23 of 33 Telephone No. Monthly $ Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Social Security Number Birth Date _ Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 1. 2. 3. 6/26/2012 Item 9.A. Monthly $ SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: (Revised 9120/06) Page 24 of 33 Packet Page -210- Q 0i E a) N T C) N Q0 N APPENDIX B. EXHIBIT B AFFORDABLE- WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name:: Social Security Number Present Address: Street City State I hereby make application for a single family unit at _ I hereby declare and reveal all of my sources of income. Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. (Revised 9120106) Page 25 of 33 Applicant Co- Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability' $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ (Revised 9120106) Page 25 of 33 6/26/2012 Item 9.A. Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self- Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. (Revised 9/20/06) Page 26 of 33 Packet Page -212- w� t N 0 N N c0 APPENDIX B. EXHIBIT C AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: (Revised 9/20/06) Page 27 of 33 Signature of Applicant day of as Notary Public 2006. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $_ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by _ Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) 6/26/2012 Item 9.A. Monthly Annually Supervisor as day of 52006. Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE - WORKFORCE UNIT. (Revised 9/20/06) Page 28 of 33 Packet Page -214- Q �i E a� N r O N O N co APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE - WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Grants Section. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD 138.3 acres 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application 10/31/03 and if the request has been approved, state the Ordinance number N /A. 3. Gross density of the proposed development. 7_0 units/acre. Gross acreage of the proposed development. 138 acres. 4. Are affordable- workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Summit Lakes RPUD, located in the northwest half of Section 26, Township 48 South, Range 26 East, approximately ' /z mile east of the intersection of Collier Boulevard (CR -951), and Immokalee Road (CR -846). 5. Name of applicant Waterways Joint Venture V Name of land developer if not the same as Applicant: Same (Revised 9120106) Page 29 of 33 6/26/2012 Item 9.A. 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number_ of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Density Bonus Units Two Bedroom Yet to be determined Three Bedroom Yet to be determined Other Bedroom TOTAL 968 TABLE II Number of Affordable - Workforce Housing Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied GAP INCOME 51 -150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL In accordance with LDC Section 2.06.03.D. — All owner occupied (Revised 8/20/06) Page 30 of 33 Packet Page -216- r SS 0 N T- 0 N CD N CD WORKFORCE INCOME 61 -80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 51 -60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL r *. . (Revised 9 /20 /06) In accordance with LDC Section 2.06.03.D. — All owner occupied MM Page 31 of 33 0 6/26/2012 Item 9.A. VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 7. Please provide a physical description of the affordable- workforce units by type of unit (very low income, low income, workforce income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer /dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in Summit Lakes, including the homes reserved for affordable - workforce income purchasers, will share many common features: * Solid concrete block construction with wood infill panels in limited areas of the second story. • Durable compressed concrete tile roofs. • Desirable concrete paver driveways, walks and entries. • R -19 fiberglass insulation in all attics; R4.1 in exterior walls. • Ceramic tile flooring in all kitchens, baths, and laundry areas. • Carpet over hypoallergenic pads in living and bedroom areas. • European style kitchen cabinets with fully adjustable shelves • Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal • 13 SEER high efficiency air conditioner with strip heat. • Aluminum framed windows and sliding glass doors. (Revised 9/20/06) Page 32 of 33 Packet Page -218- * Metal clad entry door with dead bolt lock. * Pre- wiring for cable television and telephone * Digital perimeter security alarm system. The homes reserved for affordable- workforce housing purchasers will be two and three bedroom, two bath units in multi - family or single family attached buildings. Each home will be owned by the purchaser. Q All of the Summit Lakes homes will have complete yard service and periodic exterior painting provided for by the Summit Lakes Community Association. The monthly homeowner's fee will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entries, common areas and a community clubhouse where residents and guests may swim, Nplay tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is Cfl anticipated to be approximately $165 per month. N CO 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. (Revised 9/20/06) Page 33 of 33 6/26/2012 Item 9.A. Packet Page -220- i R M 0 N N STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2006 -62 Which was adopted by the Board of County Commissioners on the 13th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of December 2006. DWIGHT E. BROCK Clerk of Cour.�s: -and Clerk Ex- officio.- go'.'.•BoarA `of County C sst ondrs y: Teresa `i�,i.•llardr Deputy �- -KKK /.Strict School 4 ►O 6/26/2012 Item 9.A. Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of 01 the applicable local government. This application will not be deemed complete until all Q+ applicable submittal requirements have been submitted. Please be advised that additional documentation /information may be requested during the review process. For information regarding this application process, please contact the Facilities Management ti� Department at 239 - 377 -0267. Collier Cou"� Please check [ type of app lication request one only): [�] 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: Bent Creek Preserve RPUD (f k a Summit Lakes RPUDI Municipality: Unincorporated Collier County Parcel ID #: (attach separate sheet for multiple parcels): 00193080005. 00192280000. 00192000002. 00192080006• 00192160007. 00192320009. 00192040004 .00191920002 00192880002 .00192200006 Location /Address of subject property: 9100 Immokalee Road Closest Major Intersection: 951 & Immokalee Road II. Ownership /Agent Information: Owner /Contract Purchaser Name(s): Bent Creek Preserve LLC Agent/Contact Person: Patrick Vanasse AICP• RWA Inc. (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 6610 Willow Park Drive Suite 200 Naples, Florida 34109 Telephone #:239.597.0575 Fax: 239.597.0598 Email: pvanasse(a)consult- rwa.com I hereby certify the statements and /or information contained in this application with any attachments submitted here d correct to thQJ�s_f my knowledge. or III. Development Information Date Project Data Unit Types defined on p a e 2 of applic anon Current Land Use Designation: Proposed Land Use Designation: Urban Mixed Use District/Urban Residential Urban Mixed Use District/Urban Residential Current Zoning: Proposed Zoning: RPUD RPUD Project Acreage: 138.4 acres MF MH C G SF Unit Type: Total Units Currently Allowed by Type: 450 Total Units Proposed by Type: Is this a phased project: Yes or No Yes. If yes, please complete page 2 of this application. Date/time stamp:, Packet Page -222- Q) N T- O N co N CO -O O ca L O O T U N O L Q .i W+ 1� O C (6 U S1. Q N L Qi CQ C O U O ..O O a� as N L N Y LA G O 1I) O 'II r cc cC y cc W L >~ FFB�II 1 1 E* VD II II UC7 O N �rn2,7, O N L 0 1 1 1 I 1 1 rn I 1 1 1 1 1 00 1 1 �Lyr 1 L I I I 1 I 1 r lO L m 1' 1 1 1 � � C M JJ OR N N h N O N L Ill O Q7— -�4Z N�ZZ a s, U 0 CL s ti v, cC y L r L >~ FFB�II 1 1 E* VD II II UC7 0 N �rn2,7, O O -CS N L r 1 1 0 N 0 j., O 1 1 1 I 1 1 � I 1 1 1 1 1 1 1 �Lyr 1 L I I I 1 I 1 lO L 1 1 1' 1 1 1 M to N N O N L Ill O Q7— - N�ZZ a �+ U 0 CL L ti N 6/26/2012 Item 9.A. Types of Reviews: School Impact Analysis: This review should be divided into two categories: School Capacity Review (land use and rezonings), and; Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning long stage of development. it is a review of the impact of the development on school capacity Bang pl be required to be a review resulting in mitigation being required. In situations where the app Y mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that, may or may not result in an executed /recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. _Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans r plats of amendments Impact site plans or (Chapter 380,1E St) as of less one student; or are authorized as a Development 9 Concurrent Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and /or a mitigation agreement being issued or a previously approved determination being modified and reissued. Packet Page -224- a� N O N O N AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -72, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 10 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 attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance Patrick Vanasse State of Florida County of Collier The foregoing Affidavit of Compliance was acknowledged before me this 13th day of March , 2012 by Patrick Vanasse, who is personally known to me or who has produced as identification. t;F ; ANNAVICTORFA ROSA My COMMISSION t EE OW221 EXPIRES! October 13, 2014 . Bonded Thro motary Pubfie Undermilers omt,(Signature of Notary Public) A�A- (Print name of Notary Public) NOTARY PUBLIC 6/26/2012 Item 9.A. 11AXTA IN il". A:%"-'T Y i JL March 16, 2012 Dear Property Owner: Please be advised that the Bent Creek Preserve, LLC has made a formal application to Collier County to amend Ordinance 06 -62, the Summit Lakes Residential Planned Unit Development PUD. Property Location Description: The subject property is located approximately one -half mile east of intersection of Collier Blvd (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. The project area consists of approximately 13 8.4 +/- Acres. Please see the Location Map on the reverse side of this letter. Petition Description: PUDA- PL20 1 1 0001497, The property owners are petitioning Collier County to amend Ordinance 06 -62, the Summit Lakes (RPUD) to change the project name to Bent Creek Preserve RPUD, reduce the residential density from 968 units to 450 residential dwelling units, and modify the project's internal layout. The project boundary, buffers, open space and preserve area will not change. In order to provide you an opportunity to become fully aware of our intention regarding the above described property and to give you an opportunity to provide input, we are holding a Neighborhood Information Meeting on Thursday, March 29th beginning at 5:30 PM, at the Golden Gate Fire Control & Rescue District Station # 73, Meeting Room, 14575 Collier Blvd, Naples, FL 34119 Should you have any questions, please feel free to contact me at 597 -0575 ext. 259. Sincerely, cc: Kay Deselem, AICP, Principal Planner, Collier County 6510 Willow Park Drive. Suite 200 Naples. Florida 34109 • [239) 597 -0575. Fax (239) 597.0578 www consult -rwa com Packet Page -226- a� N T- 0 N N co RWA"'- R 26 E SLA G N 0 W E m fit U W 2 O s 26 z 6 R 2 24 0 Lk IMMOKALEE IMMOKALEE RD O r m A p G BENT CREEK O PRESERVE LORI WAY 7 CO OW. WAY RtINDAmrF ST 7 6 25 iNDW LAKES OR o C LAKE DR F; O O p A ^RFWKFR Rh � � y m H v A FL c5 m n a F- Ln rn a R26E ;ATION MAP E* 6/26/2012 Item 9.A. Bent Creek Preserve PUBLIC MEETING —Sign-in Sheet Date: March 29, 2012 Time: 5:30 p.m. Location: Golden Gate Fire Station - # 73 Name Address Phone €1 c eG / � . /p S- MY a3 5Y" ,21- 5�8 9 e "q- Ccjn CL L�ja ` Cu 9 e y -6 Packet Page -228- D� i ;o CD N T- C) N CO N CD `et�`ar�. t�0orale`6 his Qa�3e �� 6/26/2012 Item 9.A. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING. REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress LPA, representing Centerline Homes Enterprises Three, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 06 -62, the Summit Lakes Residential Planned Unit Development. 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 26, Township 48 South, Range 26 East, Collier County, Florida is changed from a Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Bent Creek Preserve RPUD to allow construction of a Bent Creek Preserve RPUD /PUDA- PL20 1 1 000 1497 Rev. 6/08/12 pnap 1 of'? Packet Page -230- 6/26/2012 Item 9.A. maximum of 450 residential dwelling units in accordance with the Bent Creek Preserve R.PUD, attached hereto as. Exhibit "A" and incorporated by reference herein. 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 06 -62, known as the Summit Lakes Residential Planned Unit Development, adopted on December 12, 2006 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the .Board of County Conimi.ssioners of Collier County, Florida, this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy CIerk Approved as to form and legal sufficiency: Steven T. Williams 5'kp Assistant County Attorney (ol 32 FRED W. COYLE, Chairman Attachment: Exhibit A - Bent Creek Preserve RPUD Document 12- CPS - 01148/42 Bent Creek Preserve RPUD /PUDA- Pt,20110001497 Rev. 6/08112 Packet Page -231- 6/26/2012 Item 9.A. EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS ACREAGE+ TRACT "R" RESIDENTIAL 450 110.1 TRACT "RA" RECREATION AREA 0 4.6 TRACT "P" PRESERVE 0 23.7 TOTAL 138.4 I TRACT R PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single - family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Multi- family dwellings; 4) Model homes; 5) All principal uses permitted in Tract RA, No principal uses permitted in Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands. 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: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Walls, berms, signage, and development excavations; 3) Project sales,. constructi on. and administrative offices, which may occur in residential, and/or in temporary structures. 4) Signs, including boundary marker signage 5) Polling place if deemed warranted by the Supervisor of Elections; Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -232- Page 1 of 13 6/26/2012 Item 9.A. 6) All accessory uses permitted in Tract RA. No accessory uses permitted in Tract RA shall be permitted in Tract R that abuts adjoining; off -site lands. II TRACT RA PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses (Typically Accessory to Residential Development): 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy (CO) for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at the terminus of the entrance road, and interior to the development. 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) Signs, including boundary marker signage; 4) Cellular communication tower; 5) 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 LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 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; 2) Walls, berms, signage, and development excavation. III TRACT P PERMITTED USES: No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Native vegetation preserves; 2) 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 LDC. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 2 of 13 030008.05.01 Packet Page -233- 6/26/2012 Item 9.A. B. Accessory Uses; Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Passive recreational areas and boardwalks; 2. Viewing platforms; 3. Nature trails including boardwalks and pedestrian/bicycle bridges; 4. Drainage and water management structures, included but not limited to walls, berms. Placement of water management structures will not reduce the native preservation requirement. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -234- Page 3 of 13 6/26/2012 Item 9.A. EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Bent Creek Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 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. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict (Tract "R "). 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. MAXIMUM DENSITY: There shall be no more than 450 residential dwelling units permitted which provides for a maximum gross density of 3.25 dwelling units per acre. NATIVE VEGETATION PRESERVATION: The 138.4 acre PUD has 94.41 acres of native vegetation existing on -site. Therefore, a minimum of 25% of the existing native vegetation (23.60 acres) are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -235 Page 4 of 13 6/26/2012 Item 9.A. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY MULTI- CLUBHOUSE/ DETACHED ATTACHED 8� FAMILY RECREATION B UILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F. SIDE S.P.S. UNIT S.P.S. '/2 BH MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET NIA MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET* 25 FEET MIN SIDE YARD — SINGLE STORY 6 FEET 0 FEET or 6 FEET GREATER OF 10 GREATER OF 15 FEET OR MAX. BUILDING HEIGHT NOT TO EXCEED (ACTUAL) 40 FEET.- 40 FEET FEET OR 1/2 BH 1/2 BH MIN SIDE YARD — TWO -STORY 7.5 FEET GREATER OF 10 GREATER OF 10 GREATER OF 10 FEET OR 1/2 FEET OR 1/2 BH FEET OR 1/2 BH BH MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 1/2 BH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR 1/2 STRUCTURES — SINGLE STORY FEET OR 1/2 THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN 15 FEET GREATER OF 20 GREATER OF 20 GREATER OF 20 FEET OR 1/2 STRUCTURES - TWO -STORY FEET OR 1/2 FEET OR 1/2 THE THE SUM OF BH THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN ONE 13.5 FEET N/A N/A GREATER OF FEET OR 1/2 STORY and MULTI -STORY B H THE SUM OF BH STRUCTURES MAX. BUILDING HEIGHT NOT TO 35 FEET 40 FEET 45 FEET 50 FEET EXCEED (ZONED) MAX. BUILDING HEIGHT NOT TO 45 FEET 45 FEET 60 FEET 60 FEET EXCEED (ACTUAL) 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) (DETACHED) 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 20 FEET 10 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 15 FEET OR 1/2 BH MAX. BUILDING HEIGHT NOT TO EXCEED (ZONED) 35 FEET 35 FEET 35 FEET 40 FEET MAX. BUILDING HEIGHT NOT TO EXCEED (ACTUAL) 40 FEET.- 40 FEET 40 FEET 40 FEET S.P.S. = Some as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. *: Residences with side loaded garages may have a minimum 15 foot front yard Bent Creek Preserve PL -2011 -1497 June 8, 2012 Page 5 of 13 030008.05.01 Packet Page -236- PROF U 6/26/2012 Item 9.A. Notes: 1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units, within one building, when more than one residential unit is in a single structure (i.e.: attached single - family and townhomes). 3) Terraced setbacks are permitted for either two or three story multi - family structures. Side yard setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure 1 below. 4) Firewall protrusions into required yards are permitted up to three (3') feet. 5) Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet. 6) For all residential units, garages must 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 load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 7) No more than ten (10) attached dwelling units are permitted. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Figure Packet Page -237- Page 6 of 13 m 6/2612012 Item 9.A. EXHIBIT C MASTER PLAN I I 'cjl m CS f�1; 1 m �_p P. r s I I I I I 1t � cp° LF, o ° A B_ O p v C o O O J Z "r m r1 OMAU Q'�mpR Glum `i p�f ybo' l.1 Gm� °z" t7m7z AS}} zN nm C D go n7�Dsq D� A " >M= m �c >m = M-6 U =2 VO > Z •=0 Qz Z^' n S O Z� N _ O n2 Z 9O rm F= ,C m w z = z O BENT CREEK PRESER VE, L.LC RPUD MASTER PLAN Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 1� I l 0 a= II 1 'I I i I li i i li I YI I 1I II II II I ,I`I Im o 11 C m ;9.:z � �o c� `s v v >c� WOODC,REST DRNE il! oil t 70 > x 1 1 I I r ti. RENT CREEK PRESERVE RPUD Packet Page -238- I I r 0 A j a A Jullan Bryan M =& Assoclates VA. 1 Page 7 of 13 � � v v o z ri ri O 4 I I r 0 A j a A Jullan Bryan M =& Assoclates VA. 1 Page 7 of 13 6/26/2012 Item 9.A. EXHIBIT D Legal Description LEGAL DESCRIPTION (AS PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY) COLLIER COUNTY PARCELS 1 THROUGH 10: PARCEL 1 (OUTDOOR RESORTS) THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; ALSO LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723 (PARCEL 103), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHEAST CORNER OF SAID WEST 1/2, THENCE NORTH 2° 19'4" WEST, ON THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 267.62 FEET; THENCE NORTH 89° 59'9" WEST, A DISTANCE OF 660.58 FEET TO A POINT ON THE WEST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 18'30" EAST, ON SAID WEST LINE A DISTANCE OF 267.79 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST 1/2; THENCE NORTH 890 59'58" EAST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 A, FEET TO THE POINT OF BEGINNING. 1 PARCEL 3 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID WEST 1/2; THENCE NORTH 2° 17'20" WEST, ON THE WEST LINE OF SAID WEST 1/2 A DISTANCE OF 362.58 FEET; THENCE NORTH 89° 59'58" EAST, A DISTANCE OF 658.26 FEET; THENCE NORTH 20 17' 55" WEST, PARALLEL TO THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 350.74 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 2.30 FEET TO A POINT ON THE EAST LINE OF SAID WEST 1/2; THENCE SOUTH 20 17'55" EAST, ON SAID EAST LINE A DISTANCE OF 713.28 FEET TO THE SOUTHEAST CORNER OF SAID WEST 1/2; THENCE SOUTH 890 590 58" WEST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 FEET. PARCEL 4 (OUTDOOR RESORTS) THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID EAST 1/2; THENCE NORTH 2° 17'55" WEST, ON THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF 713.28 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 661.18 FEET TO A POINT ON THE EAST LINE OF SAID EAST 1/2; THENCE SOUTH 2° 18'30" EAST, ON THE EAST LINE OF SAID EAST 1/2, A DISTANCE OF 699.79 FEET TO A POINT ON THE SOUTH LINE OF SAID Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -239- Page 8 of 13 6/26/2012 Item 9.A. EAST 1/2; THENCE SOUTH 89° 59' 58" WEST, ON THE SOUTH LINE OF SAID EAST 1/2 A DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING. PARCELS (OUTDOOR RESORTS) THE NORTH 80% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 6 (OUTDOOR RESORTS) THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF FOR ROAD RIGHT OF WAY; ALSO LESS AND EXCEPT THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 (KOLEQUE PARCEL ONE) THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 (KOLEQUE PARCEL TWO) THE SOUTH 20% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF FOR RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES, AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, RUN ALONG THE EASTERLY LINE OF SAID SECTION A BEARING OF SOUTH 020 21'08" EAST FOR 2675.77 FEET TO A FOUND 5/8 INCH IRON ROD, BEING THE EASTERLY 1/4 CORNER OF SAID SECTION AND A POINT OF BEGINNING; THENCE RUN SOUTH 890 58'26" WEST ALONG THE QUARTER SECTION LINE, 660.62 FEET TO A 4 INCH CONCRETE MONUMENT, SAID MONUMENT BEING THE COMMON CORNER OF THIS PARCEL AND THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT; THENCE RUN NORTH 020 20'40" WEST, A DISTANCE OF 267.60 FEET TO A SET 5/8 INCH IRON ROD WITH CAP; THENCE RUN NORTH 89° 58'42" EAST, A DISTANCE OF 660.58 FEET TO A 5/8 INCH IRON ROD THAT WAS FOUND AT THE INTERSECTING POINT ON THE EASTERLY SECTION LINE; THENCE RUN SOUTH 02° 21' 08" EAST ALONG THE EASTERLY LINE OF THE SECTION A DISTANCE OF 267.58 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 30 FEET RESERVED FOR A ROAD INGRESS /EGRESS RIGHT OF WAY AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 (CAPIELLO PARCEL) A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE NORTH 178.91 FEET. COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, SOUTH Bent Creek Preserve P1- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -240- Page 9 of 13 6/26/2012 Item 9.A. 89° 58' 17" EAST, A DISTANCE OF 1320.35 FEET, TO THE NORTHWEST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE SAID WEST 1/2, SOUTH 02° 18'21" EAST, A DISTANCE OF 179.06 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, SAID POINT BEING ON A LINE PERPENDICULAR TO THE SAID NORTH LINE AND SOUTHERLY 178.91 FEET; THENCE EASTERLY AND PARALLEL TO THE SAID NORTH LINE, SOUTH 89'58' 17" EAST, A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE SAID WEST 1/2; THENCE ALONG THE SAID EAST LINE SOUTH 020 19'00" EAST, A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SOUTH LINE OF THE SAID WEST 1/2, NORTH 89° 59' 07" WEST, A DISTANCE OF 660.42 FEET TO THE SOUTHWEST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SAID WEST LINE NORTH 020 18'21" WEST, A DISTANCE OF 1159.10 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 10 (FERGUSON PARCEL) A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 100 FEET OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH /SOUTH QUARTER LINE OF SAID SECTION 26, SOUTH 02° 17' 02" EAST, 179.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID QUARTER LINE ALSO BEING THE EAST PROPERTY LINE OF THE BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2228, PAGE 1540 THROUGH 1544, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 02° 1702" EAST, 1159.43 FEET TO THE SOUTH LINE OF THE SAID BOUNDARY AGREEMENT; THENCE ALONG SAID BOUNDARY AGREEMENT THE FOLLOWING TWO COURSES; 1) NORTH 89° 58'36" WEST, 528.56 FEET; 2) NORTH 02° 16' 14" WEST, 1180.43 FEET TO THE INTERSECTION WITH SOUTH BOUNDARY LINE OF PARCEL 102 AS DESCRIBED IN OFFICIAL RECORDS BOOK 3128, PAGE 2557; THENCE CONTINUE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 102 THE FOLLOWING THREE COURSES: 1) SOUTH 89° 58'39" EAST, 196.60 FEET; 2) SOUTH 00° 01' 21" WEST, 21.00 FEET; 3) SOUTH 89° 58'39" EAST, 332.54 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN. GROSS LAND AREA OF PARCELS 1 THROUGH 10, INCLUSIVE = 6,027,469.4 SQUARE FEET OR 138.4 ACRES MORE OR LESS. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 10 of 13 030008.05.01 Packet Page -241- 6/26/2012 Item 9.A. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on Immokalee Road. The sign content area for "boundary markers" to be located in the Residential Tract R, or RA may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #3 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with Immokalee Road, an 18 -foot tall visual screen may be installed as a wall/berm combination. Where associated with Woodcrest Drive, a 12 foot tall visual screen may be installed as a wall/benn combination. (See illustration below) Deviation #4 seeks relief from Section 6.06.01(0) of the LDC for cul -de -sac and local streets, and LDC Appendix B, Typical Street Section, B -4 and B -5 which requires 60 feet of right -of -way to allow all platted project streets to have a minimum 50 -foot right -of -way. WOODCREST DRIVE BUFFER SECTION N.T.S. 9.5 REAR LOT l.NE -. WALL (MAY VARY IN LOCATION AND H EIGHT) if 4EEVrI GPVENT 15' WOODCREST DRIVE F"00-PRINT 3L1ILJ1Nv i SETBACK 2.5' (MAY VARY) NGTE; FOR U JS'RATIVE PURPOS rS ONLY. FENCE. /WALL & BERM CON49INATICN SHALL NOT EXCEED 12 FEET N i,;_ 4T Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -242- Page 11 of 13 6/26/2012 Item 9.A. EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the developer. B. Upon being warranted by the County, the developer shall provide a fair share contribution toward the installation and maintenance of a traffic signal at the intersection of Woodcrest Drive and Immokalee Road. C. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes shall be required for the project access point and compensating right -of -way shall be provided without cost to the County upon plat or site development plan approval. D. An interconnection to the agriculturally zoned plant nursery to the west of the project may be appropriate in the future should conditions allow. Therefore, a potential interconnection has been provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned undeveloped parcel at the northeast corner of the project is appropriate. If appropriate and future conditions allow by a cost - sharing agreement with the owner of the undeveloped parcel, the developer shall design and construct the shared access with the appropriate development order application. Any necessary easements will also be dedicated with the development order. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. A minimum of 23.60 acres of native vegetation are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. PLANNING A. 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 Centerline Homes Enterprises Three, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -243- Page 12 of 13 6/26/2012 Item 9.A. B. Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy (CO) for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at the terminus of the entrance road, and interior to the development. C. Related to Deviation #1, as a part of the application material for every building permit for a model home, the developer shall provide documentation stating how many model homes are in existence so that the maximum of fifteen model homes is not exceeded. PUBLIC UTILITIES A. The project shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. D. Should the Collier County Water -Sewer District determine that it does not have sufficient capacity to serve the project; the Developer shall either construct interim potable water, wastewater treatment and/or non - potable water facilities, or shall postpone development until such time as the Collier County Water -Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and /or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. E. All customers shall be customers of the Collier County Water Sewer District. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 030008.05.01 Packet Page -244- Page 13 of 13 6/26/2012 Item 9.A. 26,D )) Wednesday, June 6, 2012 )) N A P L E S D A I LY N E W S NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 26, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples Florida, the Board of County Commissioners will consider the enactment o1? a County Ordinance. The meeting will commence at 9:00 A.M. The' title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD Of COUNTY COMMIS51ONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED ;.THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA. OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN As THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY .ONE- HALF... MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R.846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance_ are on file with the Clerk to the Board and are available for inspection..All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,;a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. in any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of'seven days. prior to the public hearing.. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of .xhe Proceedings is made, which record includes the testimony and evidence upon which theappeal is based, If you. are a person with a disability who needs any accommodation in order to participate, in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMM;SSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 6. 2012 Packet Page -245-