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Agenda 04/12/2011 Item # 8B Agenda Changes Board of County Commissioners Meeting April 12, 2011 Continue Item 7A to the April 26, 2011 BCC Meetine: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. DOA-PL2010-1052: Olde Cypress Development, LTD &Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard Yovanovich of Coleman, Yovanovich & Koester, P.A., request a change to the previously approved Olde Cypress Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). proposed modifications will add 63.9 acres into the DRI boundary, amend Map H, and remove the 3.9 acre park requirement to incorporate this change. The subject property consisting of 602:1: acres is located in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (Companion to PUDZ-PL2010-1054 and PUDA-PL2010-388) (Commissioner Henning's request) Continue Item 8A to the April 26, 2011 BCC Meetine: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ-PL2010-1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A., request a Rezone from the Residential Planned Unit Development (RPUD) zoning district with a Special Treatment (ST) Overlay for a project known as HD Development RPUD, and the Agricultural (A) zoning district, to the RPUD zoning district to allow development of a maximum 125 single-family residential units & 33 multi-family units and associated accessory uses. The 65.29:1: acre property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, FL (Companion: DOA-PL2010-1052 & PUDA-PL2010-388) (Commissioner Henning's request) CONTINUE ITEM 8B TO THE APRIL 26.. 2011 BCC MEETING: THIS ITEM REQUIRES EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. SHOULD A HEARING BE HELD ON THIS ITEM, ALL PARTICIPANTS ARE REQUIRED TO BE SWORN IN. PUDA-PL2010-388, OLDE CYPRESS DEVELOPMENT, LTD, REPRESENTED BY CHRIS MITCHELL OF WALDROP ENGINEERING, P.A. AND RICHARD YOV ANOVICH, ESQ. OF COLEMAN, YOV ANOVICH & KOESTER, P.A., REQUEST A PUD AMENDMENT FOR THE OLDE CYPRESS PUD. THE PUD AMENDMENT REQUEST IS TO REDUCE PROJECT DENSITY FROM 1,100 DWELLING UNITS TO 942 DWELLING UNITS & REMOVE REQUIREMENTS OF TRAILS AND A PARK (3.9 ACRES MINIMUM) IN THE OLDE CYPRESS PUD/DRI. SUBJECT PROPERTY IS LOCATED IN THE OLDE CYPRESS SUBDIVISION, SECTIONS 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FL. (COMPANION: DOA- PL2010-1052, OLDE CYPRESS DRI & PUDZ-PL2010-1054, HD DEVELOPMENT RPUD) (COMMISSIONER HENNING'S REQUEST) Withdraw Item lOG: Recommendation to approve a form Easement Agreement for use between Collier County and the Beachfront Property Owners requiring Property Owners to provide public beach access in exchange for publicly funded major beach renourishment, vegetation planting and dune restoration to the subject property. (Staff's request) Move Item 16A13 to Item 10J: Recommendation to enter into a contract for services for AIM Engineering to complete a feasibility study with conceptual plans for pedestrian or bicycle facilities at the 1-75 Immokalee Rd. Interchange in the amount up to $315,000 (FDOT Project #416237-1-38-01). (Commissioner Henning's request) Continue Item 16C2 to April 26, 2011 BCC Meetine:: Recommendation to approve a Hazard Mitigation Grant Program contract, agreement #11HM-3E-09-21-01-026, with the State of Florida, Division of Emergency Management, in the amount of $240,000, to apply towards costs associated with the installation of 1,430 linear feet of six-inch High Density Polyethylene leachate pipe at Collier County's Landfill and authorize corresponding budget amendments. (Staff's request) Move Item 16D9 to Item 101 (to be heard immediately followine: Item 10E): Recommendation to approve and authorize the Chairman to sign a Settlement Agreement & Mutual Release with Johnson Engineering for the total value of $134,000 to resolve any and all claims and issues associated with the Goodland Boat Park and approve and authorize the Chairman to sign award of Contract 09-5262-S to Johnson Engineering for Engineering Services for Collier County. (Staff's request) Move Item 16G4 to Item 13A; and has been requested to be heard at 11:30 a.m.: Recommendation to authorize the County Attorney to take all necessary action, including filing a lawsuit, to evict Gregory Shepard from his present location at the Immokalee Regional Airport, and pursue any holdover rent, damages, and costs that may be due and owing to the Airport Authority. (Commissioner Coletta's request) Move Item 16H4 to Item 9H: Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Chabad of Naples Annual Benefit Evening & Gala April 10, 2011 at the Ritz-Carlton in Naples, FL $150 paid from Commissioner Henning's travel budget (Commissioner Henning's request) Continue Item 16K3 to April 26, 2011 BCC Meetine:: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against SURETY CONSTRUCTION COMPANY, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County, as a result of contracted work, for the repair to the Pollution Control Laboratory in Building "H", 3rd Floor, in the amount of $99,492.99, plus costs of litigation, including reasonable attorneys fees. (County Attorney Staff's request) Note: Item 16A 7: Section III, page 4 of the Addend urn shall be revised to state, in part ".. unless either party provides the other with at least sixty (60) days notice of non-renewal" rather than one hundred and eighty (180) days. (This change is for consistency with the original agreement and to promote ease in tracking by staff.) (Staff's request) Time Certain Items: Item 9G to be heard at 11 :00 a.m. Item 13A to be heard at 11 :30 a.m. Item 8C to be heard at 1 :00 p.m. - - 4/12/2011 Item 8.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Sbonld a hearing be held on this item, all participants are required to be sworn in. PUDA-PL201O-388, Olde Cypress Development, LTD, represented by Cbris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a POO Amendment for the Olde Cypress POO. Tbe PUD Amendment request is to reduce the project density from 1,100 dwelling units to 942 dwelling units and remove the requirements of trails and a park (3.9 acres minimum) within the Olde Cypress POOIDRI. The subject property is located in the Olde Cypress subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. (Companion to: DOA-PL201O-1052, Olde Cypress DRI and POOZ-PL201O-1054, HD Development RPOO) 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 rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the cOlmnunity's interests are maintained. CONSIDERATIONS: The petitioner proposes to amend Ordinance Number 2000-37, the Olde Cypress PUD, to reduce 1,100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. The removal of the 158 dwelling units from the Olde Cypress PUD will allow the proposed 158 unit HD Development RPUD (Residential Planned Unit Development), to be added to the Olde Cypress DR!. The property within HD Development RPUD will be added to the Olde Cypress DRI (Development of Regional Impact). The intensity density in Olde Cypress DRI will remain at 1,100 dwelling units and the intensity of the DRI will not increase. During the original zoning application review and permitting, PUD Section 4.05.6 required a 3.9 acre park located within the PUD/DRI Boundary. According to the DRI and PUD Master Plans that were submitted with the application, the 3.9 acre park was proposed to be in two parcels located in the northeast comer of the Master Plan. The park location was approved in the original Olde Cypress PUD Ordinance No. 86-75. The PUD was later revised in 1996 as a result of environmental permitting with govemmental agencies. During the 1996 PUD amendment, the park use, nature trails, jogging trails, and bicycle trail uses along the eastem boundary of the PUDIDRI were excluded and residential development, including the required park acreage, were removed from the PUD and DRI Master Plans to reduce impacts to the environmentally sensitive area. The area along the eastem boundary was revised in the master plan to be wetland/preserve. However, the language in Section 4.05.6 of the PUD was never revised to remove the requirement of the park. This application will revise Section 4.05.6 of the PUD to remove the park requirement. The application also revises Section 3.02 of the PUD to make it consistent with the intent of the original revisions to the PUD. Packet Page -443- 4/12/2011 Item 8.B. The petitioner is proposing an amendment to Ordinance No. 2000-37, the Olde Cypress PUD instead of adopting a new PUD by Ordinance and repealing that Ordinance. 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 pOltion 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) IMP ACT: Future Land Use Element: Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL2010-388 - Olde Cypress PUD on March 17, 2011, and by a vote of 8 to 0, with Commissioner Ebert abstaining, recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency by the County Attorney's office and is legally sufficient. Four affinnative votes are required for this items passage.-STW RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request for PUD Amendment-PUDA-PL2010-388- Olde Cypress PUD. PREPARED BY: Nancy Gundlach, AICP, Principal Planner, Department of Land Development Services Attachments: 1) Staff Report 2) Application 3) Letters of Support 4) Letters of Objection 5) Ordinance Packet Page -444- 4/12/2011 Item 8.8. COLLIER COUNTY Board of County Commissioners Item Number: 8.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDA-PL201O-388, Olde Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce the project density from 1,100 dwelling units to 942 dwelling units and remove the requirements oftrails and a park (3.9 acres minimum) within the Olde Cypress PUD/DRI. The subject property is located in the Olde Cypress subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. (Companion to: DOA-PL201O-1052, Olde Cypress DRI and PUDZ-PL2010-1054, HD Development RPUD) Meeting Date: 4/12/2011 Prepared By Name: GundlachNancy Title: Planner, Principal, Comprehensive Planning 3/16/20115:02:52 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 3/21/201111:16:30 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/22/2011 4:56:21 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 3/22/20116:14:14 PM Name: FederNonnan Title: Administrator - Growth Management Div, Transportati Date: 3/23/2011 10:43:38 AM Packet Page -445- 4/12/2011 Item 8.8. Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/24/2011 9: 19:04 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/30/2011 3:42:09 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/1/20118:49:56 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/4/2011 11 :52:] 8 AM Name: OchsLeo Title: County Manager Date: 4/4/2011 ] :49:25 PM Packet Page -446- 4/12/2011 Item 8.B. AGENDA ITEM 9-A Co~! ~unty - - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWrn MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: FEBRUARY 17, 2011 SUBJECT: PETITION PUDA-PL2010-388, OWE CYPRESS PLANNED UNIT DEVELOPMENT (PUD) COMPANION ITEMS: DOA-PL201O-1052, OLDE CYPRESS DRI AND PUDZ-PLl054, HD DEVELOPMENT RPUD APPLICANT: AGENT: Olde Cypress Development, Ltd. 2746 Professional Circle, Suite 1201 Naples, FL 34119 Waldrop Engineering, P.A. Mr. Chris R. Mitchell, P.E. 28100 Bonita Grande Drive Bonita Springs, FL 34135 REQUESTED ACTION: Goodlette, Coleman and Johnson, P.A. Mr. RichardD. Yovanovich 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to the Olde Cypress PUD to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. GEOGRAPIDC LOCATION: _. The existing Olde Cypress PUD and Olde Cypress DRI contain approximately 538.1 acres. The proposed Development of Regional Impact (DRI) will contain approximately 602 acres with the inclusion of the HD DevelopmentlVita Tuscana PUD and is located on the north side of Immokalee Road (CR 846), east of its intersection with Olde Cypress Boulevard. The property lies within the Urban Estates Planning Community in Sections 21 and 22, Township 48 South, Range 26 East, in Collier County. (See the location map and current PUD Master Plan on following page.) Olde Cypress PUD, PUDA-PL2010-388 February 4, 2011 P~nA 1 of 1.1 Packet Page -447- g~ &~ I t;tl I : I '___J < O' 0' ,,- ~ z o ~~ <;;0 '3 < g~ ~ ~ J < ! ~ ~ ". "'1~'1 o {8~ " r--' ~r~" " o , > ~ z ::J o G L ., 1- w w Ii I -----1 j:- ,,:s nr:l'; '"__"'" I I " ~T " I ~j , I " . " ~ ;" -, ., " I. >" , i. ~. ;" ~ I g! ~ :! ~E ! " . I-z 00 w- -,- 0'" ",0 CLg :'.. ~; " ~e i~ -~~----- ------._-- ~ , i! S!t ~ .,~~ .> i:J , ~ *;: ~" , I I I '-1 1 , . ;; - 1 9i ;:: .. iar-- II Ii , l a~., . i~l , ;;~:.: ... ~~i S., , I Cllf'f~YoIl~" i --'---~'==---'l-='-- I! ' ~ ~.. ! E: I I fL I ." 3~ "I ' .".~ """"'HOa{>I<........ I !. ~! .. !. ., .. ~-- 6-- "'''''''- ~';U"~"'''''''' unu.II.l..-.oo, roo ~000Il"'''''''''' ,,-:4.......~ ,. !I ~~' ,- , a, /!e II Ii " a. e:( ~ (9 Z Z o N '" ill , o 0; N , -' a. <!i ::l a. "" z o l- I- W a. a. <( ~ Z 0 - l- e:( () .j:>. 0 -- ->. ....J I\.) N " .... m 3 ex> OJ i i . ~ ~ I~I~ ~~f ~ ~ II ; . I ~ · h --Ii ~ II ~h ~II I i ;Iel~ 2 ~ . ! '5 , ifU~ f~!1 C, z ~ jl~l~ I~.I ~t ~ i i I . I *. eft tl~ ~ ~ ~ ~: e ~a~ . I~g!i I~gl ".* I ! I I ~;~ ... ~ ' .;1 ~~........ I I ' . ~ >i Q ; I . L.J ' " "- "- , " I I \ , " . . . . . ill ~ : i I ~ : , I [I I i I I' ' [1'1 ~ !~i U;: 81:1 1~1flr:1 \ :~"I \ Il:r:: "I~ ~ I. . :r.!'~i n \ '\1: '"j: I L, iirl il,/,\ II :11 III I [I: I i~ ~ i " . , ~"'" ~lI()H~!!JNO' ~ 5 . J,. 'e I ~ i - o o m ~ < . ~ ' ~ l:d~ :/1 1'1 ,II z < ... <'" ..II: _w 10" -CI> "< ~:E Q " '" d .. ! n H !I ~ I z I . ! I! F , ,I I i Ii ~~ O~ 8~ ./::0. -- ->. N N o ->. ->. ~U"'$_ :.l~ Pl'11Olol ....t\:01 - DIDt 'to "1'If' Ilnol.Dl ""'l ""p.~D"".IrDan_N\p"d\Ol'Iol e-lI\.II.ll\lIIOH(it\lll5t\:~ ;:+ C1l 3 (Xl OJ 4/12/2011 Item 8.B. PURPOSElDESCRIPTION OF PROJECT: The petitioner proposes to amend Ordinance Number 2000-37, the Olde Cypress PUD, to reduce 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. The removal of the 158 dwelling units from the Olde Cypress PUD will allow the proposed 158 unit HD Development RPUD (Residential Planned Unit Development), to be added to the Olde Cypress DR!. The property within HD Development RPUD will be added to the Olde Cypress DR! (Development of Regional Impact). The intensity density in Olde Cypress DRI will remain at 1100 dwelling units and the intensity of the DRI will not increase. During the original zoning application review and pennitting, PUD Section 4.05.6 required a 3.9 acre park located within the PUD/DRI Boundary. According to the DRI and PUD Master Plans that were submitted with the application. the 3.9 acre park was proposed to be in two parcels located in the northeast corner of the Master Plan. The park location was approved in the original Olde Cypress PUD Ordinance No. 86-75. The PUD was later revised in 1996 as a result of environmental permitting with governmental agencies. During the 1996 PUD amendment, the park use, nature trails, jogging trails, and bicycle trail uses along the eastern boundary of the PUD/DRI were excluded and residential development, including the required park acreage, were removed from the PUD and DRI Master Plans to reduce impacts to the environmentally sensitive area. The area along the eastern boundary was revised in the master plan to be wetland/preserve. However, the language in Section 4.05.6 of the PUD was never revised to remove the requirement of the park. This application will revise Section 4.05.6 of the PUD to remove the park requirement. The application also revises Section 3.02 of the PUD to make it consistent with the intent of the original revisions to the PUD. SURROUNDING LAND USE AND ZONING: North: Terafina PUD. East: Agricultural (A) zoning South: Immokalee Road and then Estates (E) zoning, Agricultural (A) zoning, and H.D. Development RPUD. West: Olde Cypress Boulevard then Longshore Lake PUD. Olde Cypress PUD, PUDA-PL2010-388 February 4. 2011 p.",.,,, II ",f 11'1 Packet Page -450- 4/12/2011 Item 8.B. ,~',:".' ',~ I, ,. - v'i :: I _,_ ll\ ~ ~1 J::' ---'. . 'Jl" "1" ;".r ~ ,t ~I .t-:"'-~ ~ r '" AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map in the Growth Management Plan. The existing RPUD, approved in 2000 (Ordinance No. 2000-37) included a provision for a park area on approximately 3.9 acres. This area is to be removed from park uses and returned to residential uses. This amendment will not affect the total number of approved acres for commercial land uses (12.5), of residential units (1,100), or of density (2.09 duJac). The table below illustrates the acreage figures, dwelling unit counts and residential densities involved in each part of the project: Density Ttl ACs Ttl DUs Ttl Com'l ACs non-Com'l AC Gross Res'l Existing DRI 538.1 1,100 12.5 525,6 2.09 DUlAC aide Cypress PUD, PUDA.PL2010.388 February 4, 2011 p~v,.:> ~ "f 1A Packet Page .451- 4/12/2011 Item 8.8. Proposed DRI 602.0 1,100 12.5 590.9 1.86 DUlAC Olde Cypress PUD Vita Tuscana PUD 538.1 65.3 942 158 12.5 0.0 525.6 65.3 1.79 DUlAC 2.41 DUlAC The acreage increase is reflected in the Olde Cypress DRI, not in the Olde Cypress PUD. Although no additional residential units are proposed for the larger DRI, the total dwelling unit count in the Olde Cypress PUD is reduced. This smaller number should appear in Olde Cypress PUD documents. An approximately four-acre park area and its connecting nature trails are requested for removal, while the more than 176 acres of passive recreational areas, and bicycle paths and sidewalks remain part of the development. No issues present themselves with Objective 7 or its subsequent Policies. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. The petition is consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME) of the GMP. GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 1O.02.13.B.5 of the Collier County Land Development Code and required Staff evaluation and comment. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. The proposed changes do not affect any of the environmental requirements of the GMP or LDC. A hearing was not required before the Environmental Advisory Commission (EAC) per Collier County Code of Ordinances Part One, Chapter 2, Article VIII. Division 23. - Environmental Advisory Council. Transportation Review: Transportation Department Staff has reviewed this petition and the has determined that the proposed amendment will not have any transportation impact. Utilitv Review: The Utilities Department Staff has reviewed the petition and has no objection. The project is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. The project is subject to the conditions associated with a Solid Waste A vailability Letter from the Collier County Solid Waste Department. Olde Cypress PUD, PUDA.PL2010.388 February 4. 2011 D~...^t:'^I~A Packet Page -452. 4/12/2011 Item 8.B. Parks and Recreation Review: The Parks and Recreation Department Staff has reviewed the petition. There are several things to consider regarding this park. The commitment language is very vague. Originally, the park was shown on the Master Plan as two separate areas, one of which did not appear to have access-it was isolated in a project corner surrounded by preserve areas. Zoninf! and Land DeveloTJment Review: Staff has reviewed the proposed change and has no objection. The proposed reduction from the maximum number of dwelling units by 158 dwelling units will allow the HD Development to be added to the aide Cypress DR! so as not to increase the intensity of the DR!. While the 3.9 acre park was a commitment made by the original applicant when the property was first rezoned to a PUD, there is currently no code provision or regulation that would require a park at this location. However, several residents within aide Cypress have indicated that they would like to have the park provided within the aIde Cypress community. There are several things to consider regarding this park. The commitment language is very vague. Originally, the park was shown on the Master Plan of Ordinance Number 86-75 as two separate areas, one of which did not appear to have access-it was isolated in a project comer surrounded by preserve areas, as shown in the illustration below (highlighted for clarity): 1-----------------------------------------------------.-.-----.----------------. ; " ll'JUSeR'Il'A 110-' _______ ______.i Olde Cypress PUD, PUOA-PL2010-388 February 4, 2011 P~no 7 f'\f 1.4 Packet Page -453- 4/12/2011 Item 8.B. The commitment does not state when the park is to be built, who is to maintain the park, or what amenities it is to contain. Must there be two parks in the increments shown, or is there discretion as to how the 3.9-acre park commitment is to be fulfilled? Is it to be publicly (county) maintained or was it the intent for the developer or subsequent homeowners' associations to maintain it? Collier County adopted a Park Impact in Ordinance number 88-96, which became effective on December 22, 1988. This ordinance addresses the needs for regional and community parks. The county has not adopted any regulations that require developers to provide a neighborhood park. Regional and community parks are sited and controlled by the county; the County does not generally get involved in the siting or design of neighborhood parks, nor does the county maintain them. Whether a park is designated a regional or a community park is determined by the draw of the attraction. A park can be smaller, but have an attraction that draws persons from a larger area, thus it can be a regional park. This 3.9-acre park would most likely not contain any attractor element such that it would make it function as a community or regional park. Currently Olde Cypress has developed as a golf course community with a golf driving range, tennis courts, a swimming pool, and fitness facilities. Therefore, the community appears to offer recreational opportunities as currently developed. However, whether the existing facilities meet the needs of the community is not for staff to ascertain. At the Neighborhood Information Meeting (NIM) held for the companion POO amendments, there was no clear consensus from the attendees as to whether or not the park use should be eliminated. There was opposition voiced to the park's removal, while other attendees voiced support for the park's removal; other attendees did not offer an opinion. Since only approximately 100 persons attended the NIM, not all property owners attended. Staff has received and continues to receive correspondence, some of which is supportive of the park's removal and some of which is opposed to the park's removal. (Copies of correspondence received as of February 3, 2011 have been provided in the CCPC packets.) It appears that the park issue may be something best resolved by the property owners within Olde Cypress. If the commitment for the 3.9-acre park is removed from the POO, the development (Homeowner/Property Owners' Associations or the Developer) could still provide neighborhood park(s), as that term is defined in the LDC since a park is also an allowable principal use within the Olde Cypress PUD document, Ordinance Number 00-37 Section 7.04.AA. In the alternative, should the CCPC and the BCC determine that the park commitment should remain, staff recommends that clarification be provided to indicate that the park is indeed a neighborhood park, where the park is to be located; when it is to completed; what facilities it is to provide; who it is to serve-the public or only residents of this project (and all residents or just those within the gated community if that is where the park is located); who is to construct it; and who is to maintain it. Although not normally necessary for a neighborhood park, these clarifications are necessary if the commitment stays in the PUD, so staff has something measurable to ensure PUD commitments have been met. REZONE FINDINGS: LDC Subsection 10.03.05.1. states, "When pertammg to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners. . . shall show Olde Cypress PUD, PUDA-PL2010-388 February 4.2011 D~....n. Q "f 1.4 Packet Page -454- 4/12/2011 Item 8.B. 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 WC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staffs responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern.. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. As previously described, this amendment will reduce the project density by 158 units from 1100 dwelling units to 942 dwelling units. The amendment is also necessary to eliminate the inconsistency between the PUD Master Plan and the PUD document. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment will reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. However, several residents have expressed a desire to have the park provided within the Olde Cypress community. 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 proposed amendment will not adversely impact traffic circulation. Olde Cypress PUD, PUDA-Pl2010-388 February 4, 2011 D......... a ^f 1..1 Packet Page -455- 4/12/2011 Item 8.8. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Not applicable. No changes to the development standards are proposed. When meeting the standards, light and air will not be reduced to adjacent properties. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this POO amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations, The adjacent properties as well as existing properties will continue to be developed in accordance with the existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed amendment to remove the required 3.9 acre park may be seen by some as a grant of special privilege to the developer. However, consistency with the FLUE is determined to be a public welfare relationship because actions consistent with FLUE are in the public interest. This PUDA has been found consistent with the FLUE. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The applicant alleges that the PUD has been developed and there is no space left to build a 3.9 acre park. Furthermore, the petitioner proposes to eliminate 158 dwelling units from the Olde Cypress POO to allow the HD Development PUD to be added to the Olde Cypress DRI without increasing the intensity of the DRI. (See Companion items DOA-PL201O-I052, Olde Cypress DRI and POOZ-PLl054, lID Development RPOO.) 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Considering the recreational opportunities available to the residents, 169 acre golf course and country club, a golf driving range, a fitness center, a community swimming pool, and 4 tennis courts provide ample recreational opportunities, Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. Olde Cypress PUD, PUDA-PL2010-388 February 4, 2011 0...,..." 1(\,...~ 1A Packet Page -456- 4/12/2011 Item 8.B. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a PUD amendment. 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. 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. Any development anticipated by the PUD document would require site alteration and will undergo evaluation relative to all federal, state, and local development regulations during 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 GMP and as dermed and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 1O.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 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. As previously stated, the subject PUD is nearly developed. The reduction of residential dwelling units should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities within the Olde Cypress PUD. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. Olde Cypress PUD, PUDA-PL2010-388 February 4, 2011 D~_~ ~ ~ _. ~ ~ Packet Page -457- 4/12/2011 Item 8.B. 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. Documents submitted with the application provided satisfactory evidence of unified control. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can 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. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's internal or external compatibility. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project exceeds 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. This PUD is over 25 years old and is mostly developed. The project development must be in compliance with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This PUD is nearly built out and cannot accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Olde Cypress PUD, PUDA-PL2010-388 February 4. 201 1 D...~... ~'l...I." Packet Page -458- 4/12/2011 Item 8.8. As mentioned earlier, this PUD is existing and the reduction of residential units will conform with existing PUD regulations. NEIGHBORHOOD INFORMATION MEETING (NIMh The applicant duly noticed and held the required meeting on October 18, 2010 at 5:30 p.m. at the Olde Cypress Clubhouse, 7165 Treeline Drive, Naples, Florida. Approximately 100 people and the applicant, agent and County Staff attended the meeting. No commitments were made at this meeting. For further information, please refer to Attachment C: NIM Minutes. To date, approximately four letters of objection have been received. One letter of support has been received from the 01de Cypress Master Property Association. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-2009-742, revised on February I, 2011. -STW RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL2010-388 to the Board of County Commissioners with a recommendation of approval of this amendment. However, should the CCPC decide to recommend that the 3.9-acre park commitment be retained, the following issues need to be addressed: I. When the park is to be built-commenced and completed; and 2. Whether it is to be a public or private park; and 3. Whether it is to be an active or a passive park; and 4. What facilities will be provided; 5. Who is to maintain the park; and 6. Where will the park be provided on site; and 7. Must there be two parks in the increments shown, or is there discretion as to how the 3.9- acre park commitment is to be fulfilled; and 8. If the increment issue is discretionary, who is to decide and when is the decision made. Olde Cypress PUD, PUDA-PL2010.388 February 4. 201 1 0"'...... 1'J...f 1A Packet Page -459- 4/12/2011 Item 8.B. PREPARED BY: NANCY DEPAR GROWTII A 'H, AICP, PRINCIPAL PLANNER T LAND DEVELOPMENT SERVICES ANAGEMENT DIVISION ~ bNJ. f2& 10Li DATE ) REVffiWED BY: ~~~ ( ~~ RA YM ND V. BELWWS, to INGMANAGER DEPAR1MENT OF LAND DEVELOPMENT SERVICES GROWTII MANAGEMENT DIVISION /- 3(- II DATE 02--01- '2..e11 DATE LIAM D. L NZ JR., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWrn MANAGEMENT DIVISION APPROVED BY: 2 J 7 - /{ NICK CASALANGU UTY ADMINISTRATOR GROWrn MANAGEMENT DIVISION DATE vV L ~ 3-rl~/' DATE MARK . SlRAIN, CHAIRMAN Tentatively scheduled for the March 22, 2011 Board of County Commissioners Meeting Attachments: Attachment A: Original Master Plan Attachment B: Ordinance Attachment C: NIM Minutes Olde Cypress PUD, PUDA-Pl2010-388 January 26, 2011 o~~~ . " _~ . " Packet Page -460- '" ~cq~C'I! cn;~~ - 1- ~~~~g~ f~f . l "'''13 . . --- ..~ (" :;...-" ..j .. . .+. - c: al E c. o ~ ::CO -~ :gal ._~ c: ~~~ . 0:< ~,~ j j' Hi 0.... lid 0. od Ul GI (/)a:td 11:2 C,cm _-J- CIl.9- _ca.c.a.Eoc:od =~Ql~ ii~ai.!!~:ga~5Cid!c~8 - "'1II~Ql ~ EO_J:GlCD~ ZEw5-i g ~>.5EoE ~ &t-S ~€~~j"E=.~t:~E ~'ii !:! =E 'E i ~ i Q) ~ :! 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Olde Cypress & Vita Tuscana Neighborhood Informational Meeting October 18,2010 5:30 pm @OldeCypress Clubhouse Speaker: Rich Y ovanovich - Coleman, Y ovanovich, & Koester, P .A. Speaker: Chris Mitchell- Waldrop Engineering, P.A. Applicant: Brian Stock; Keith Gelder- Olde Cypress Development, LID & Vita PIMA, LLC Rich Y ovanovich: Good evening, my name is Rich Y ovanovich, I am a local attorney in Collier County and I am one of the representatives for the applications that we are going to talk to you tonight about in front of Olde Cypress. With me tonight are several people: Brian Stock, Stock Development, the developer of Olde Cypress as well as Vita Tuscana, Keith Gelder with Stock Development in charge of the entitlement process for Stock Development, Chris Mitchell with Waldrop Engineering the project engineer. Two representative form Collier County that are reviewing our projects are with us today Nancy Gunlach who is reviewing the OIde cypress PUDA, and Kay Deselem who is reviewing the Vita Tuscana RPUD as well as the proposed Amendment to the Olde Cypress DR!. We are required to have a Neighborhood Informational Meeting under the county's process and required to record the meeting, SllmmAry meetings, provide minutes, and provide a tape of the meeting to the county. It would be helpful when you ask questions if you could speak you name so we can get it on the tape and not talk over each other. We have a couple of different petitions that I'll walk you through and answer any questions you may have regarding the petitions. It's probably better if you let me speak about all three of them because they are all intertwined. In front of the Olde Cypress co=unity, there is a cleared area that was cleared by the previous developer. It is approximately 46 parcel that has been zoned the lID Development POO. That property has been acquired by one of Brian's Stock's entity, Vita PIMA, LLC. Along with another 18 acres immediately to the west of the property. It is approximately a 64 acres property that we are in for a rezone of the existing lID Development PUD to the Vita Tuscana RPUD. The existing lID Development PUD was approved for 104 units (71 single family homes and 33 multifamily units). We are adding 18 acres to the project and requesting a total project density of 158 units and increasing the 71 SF to 125 SF. We are not touching the 33 MF units approved in the original lID development POO. Brian's (Stock's) group doesn't own that parcel, so we are not changing the density. So that will remain the same. The first petition that we are going through the process is an amendment to the lID Development POO. To rename it, to add the 18 acres, and to allow for 125 SF and 33 MF units. We are allowing for the ability to build two story SF homes, which is different from the original lID Development POO. The minimum size of the homes must be at least 1,600 SF. There is some product that Stock is building in Lely Resort project that requires a 5 foot side yard setback, so we are trying to bring that product here. The change will be from a 6 foot side yard setback to a 5 foot side yard setback. So, that is the first petition that we are going through. The second petition that we are pursuing is an amendment to the Olde Cypress POO. The Olde Cypress PUD was originaIly approved the mid-1980s. When it was approved, it was approved for over 1,300 residential units. This was the original master plan approved in the PUD. The original project was supposed to have the project access on the east side of the project, not where the current access is on the west side as it is today. In 1996, when we got through the environmental permitting with the SFWMD 10/21/2010 Alt. Packet Page -462- 4/12/2011 Item 8.B. and the Army Corps or Engineers, a new master plan was approved for the project and the project density was reduced. All of the development that was formerly on the east side of the project was removed, including the reference to two parcels that comprised of 3.9 acre parks and natural trails that were referred to n the PUD document. In the new PUD master plan, you can see all the development went away on the east side, and unfortunately within the PUD text the reference to the park was not deleted. The 3.9 acre park remained in the text of the PUD document. The purpose that we are going through this amendment is to delete the reference to the 3.9 acre park and walking trails in the text. We are also reducing the project density originally approved for 1,100, subtracting out 158 units - which is the same number of units for the Vita Tuscana PUD. The third petition is an amendment to the aIde Cypress DRI. When the aIde Cypress DRI was approved, it was ultimately approved for 1,100 residential units. We are adding in the Vita Tuscana 64 acres into the Olde Cypress DRI and keeping the and keeping the Olde Cypress DRI density at 1,100. The way we are able to do that is to subtract 158 units from the aIde Cypress PUD to make up the difference. So, the third petition that we are asking for is to add the Vita Tuscana land, not increase the density, and add ill the Vita Tuscana project. Those are the three petitions that are winding their way through the county's process. I don't know when our CCPC hearing will be for the three projects. We are hoping that it will be sooner than later to get them done and we'll are coordinating with Kay and Nancy to get them done. Our goal is to have them done while we are in season while people are here. The sooner the better so the developer to move forward with marketing for the Vita Tuscana project. That is an overview of what we are proposing on the three petitions. I'd be happy to answer any questions on any of the three petitions. Resident: Ok. First of all, I will limit my set of questions just to the first petition. You indicated that the units and 33 of those to be MF located additional on the 1.5 acres that Stock has yet to purchase. How can you get permission to build homes on property you don't yet own? Secondly, if you were to buy it, will Stock guarantee that the MF will not access to and from Treeline Drive. Finally, if Mr. Stock doesn't buy that piece of land, can the 33 MF units be built in the remaining acreage for the Vita Tuscana project. Rich Y ovanovich: The answer to your question is that we are not asking for any changes to the MF parcel. We don't own it and don't have the right to make changes. We are not asking for the right to build on the 1.42 acres because that right already exists under the HD Development PUD. The existing zoning on this property is roughly from here (pointing) west. As you can see, there is a preserve area between the parcels, so the ability to access the MF from Treeline Drive will not happen. The permitting is complete and access to Treeline Drive from MF will not happen. To answer you last question, the most recent draft PUD we've submitted does not include MF in the Vita Tuscana project area, so that use would not be allowed. Resident: In the last meeting we had, I thought I heard Brian Stock, or one of his representatives, indicate that although the MF units are in the PUD, there was not any intention of building MF units. Now, it seems as if there is a plan on the MF. I'd like to know exactly what the plans are relative to the MF. Rich Yovanovich: I don't think that is what was said at the meting. I think what was said was that this roughly 1.5 acre site was where the MF product would probably go and that Brian (Stock) has no control over that. I believe the commitment was that there would be no MF in the area I just described as SF, so I don't think anything has changed since the last meeting regarding commitments. Obviously, we can't 10/2 I /20 10 Packet Page -463- 4/12/2011 Item 8.B. commit to anything on the MF since we don't own it. It is already entitled piece of property under the existing lID Development PUD. But as far as constructing MF in this SF area, the PUD document doesn't allow MF in that area. Resident: Whets the definition ofMF for the purposes of the 1.5 acres? Rich Y ovanovich: The definition that the county has for MF r believe is three or more units in one building. So if you have 3 or more units in one building, that is considered MF. Resident: How tall? Rich Y ovanovich: Under the PUD document, it is 42 feet - 3 stories. Resident: You mentioned that there would be 2 story buildings in the SF area? Rich Y ovanovich: Yes - we are asking for the ability to build 2 story SF homes. Resident: We are being told it would be single story, single family homes. They also mentioned specific models. Somewhere there is incorrect information. Rich Yovanovich: The PUD document that we've submitted allows for 2-story SF homes, with a minimum of 1,600 SF. I don't recall the discussion of a height commitment at the previous meeting. Brian (Stock) has stated the majority of the homes will be single story. Resident: What were we told before? Brian Stock: I don't ever remember mRking a commitment that there wouldn't be two story homes. We plan to offer three different product lines; four of the five floor plans in each product are single story. The majority of our customers in the past have selected single story floor plans. Again, r don't ever remember making a commitment that there wouldn't be two story homes. Resident: The product line that you are talking about - what Lely comparable communities would you compare it to? Brian Stock: Martinique, Caldecott, & Cottesmore Resident: Just some clarifications. Brian Stock doesn't own the 1.42 acre MF site? Rich Y ovanovich: Correct. Resident: Are you negotiating to purchase the property? Brian Stock: No. Resident: Is it owned by some other developer? Rich Y ovanovich: Yes. It is owned by some other developer. 10/21/2010 Packet Page -464- 4/12/2011 Item 8.8. Resident: What I don't understand is why amend the PUD on property that he doesn't own, isn't going to own, belongs to someone else, and will continue to be MF. Rich Y ovanovich: We are not amending that portion of the PUD document We are only amending the portion of the PUD document that applies to the SF homes. There are 71 SF homes approved in the lID Development PUD. We are adding the 18 acres adjacent to the PUD to create a unified SF co=unity. In doing that, we're going from 71 SF to 125 SF. The only other alternative is that ifwe don't amend the PUD is to develop the 18 acres as a stand alone project. An 18 acre parcel under the county's Urban land use designation we'd be entitled to build up to 72 total units (18 acres x 4 units/acre). It's more difficult to develop an 18 acre parcel as single family homes. So, the reality is that if this parcel was developed separately; it would probably be developed as multi-family product. So, the thought process was to add the 18 acres to the lID Development PUD to continue on with the concept of single family development. Resident: Is this development going to be built as spec or purchase? Brian Stock: Purchase. Resident: How long do you expect this development to last? Several years? Brian Stock: Hopefully the faster the sales pace will allow us to finish the community within three years or less, but we can't control the customers. Resident: Is the sole access to this co=unity through the main gate? Rich Y ovanovich: Yes. Just as it was when.Hl) Development had the property. That hasn't changed. Resident: One clarification. You mentioned there was originally 6 foot setbacks for Vita Tuscana Rich Yovanovich: The original setbacks for the.Hl) Development PUD was 6 feet. We are requesting to change that to 5 feet Resident: Because the side yard setbacks in aIde Cypress are 7.5 feet minimum. So that is quite a difference. I just want to clarify. The original project was not supposed to be part of our co=unity. Rich Yovanovich: The original lID Development was a separate PUD. Resident: Can you explain the basis of the interpretation on the mapping changes and the removal of the park from the written documents? Rich Yovanovich: You have to go back and read the DR! document that references the parks. The DR! document specifically identifies where the two park parcels would be and it references them in the far northeast comer near the cypress area and intermediate MF property. So there were two parcels, 1.7 and 2.2 acres combined make up the 3.9 acre park in the original DR! document So, the exact location was identified in the DR! document. When we came back and went through the process later and determined that none of the development referenced in the DR! document no longer existed on the master plan. (because they were cross-referenced). It's my belief is that the county took care of the major issue, but missed the minor issue in the PUD, which was the PUD reference to the park. It was just missed as they were going through the process. It should have been deleted - just like the development density that was in that area was actually deleted - as the amendment occurred in 1996 to the PUD document and the DRl 10121/2010 Packet Page -465- 4/12/2011 Item 8.B. docwnent. Then there is a reference that says if there are any inconsistencies between the original approval and the new approval in 1996 that the new approval prevails. Well, the original document references a park in the northeast comer which is clearly inconsistent with the new approval. So I just think: it was missed through the process and that's why we're deleting the reference to the 3.9 acres. Resident: I believe 2 or 3 years ago, you were the individual that presented where the 3.9 acre park was going to go and there was some discussion about taking down part of the driving range - is that correct? Rich Yovanovich: Yes. Resident: If what you are saying is the truth, then why was there any effort to put a park in? Why was there discussion about it? Why was there a plan if there was no need for it? Rich Y ovanovich: There was an attempt by the developer to give people a park that frankly they didn't have to give you. But in doing so, it was clearly not well received. I remember very clearly it being an unpopular decision on where to locate the 3.9 acres. We tried to fit it within the confines of the existing aide Cypress project because, as you know, Olde Cypress is essentially built out We couldn't find a location that was acceptable to everyone. So now we have to clean it up, because it's still there. People are still asking about the 3.9 acre park. It's our positions the 3.9 acre park is not an obligation so we are trying to clean up the documents so we can put this issue to bed. Because until the reference to the 3.9 acre park: reference comes out of the PUD, people are going to continue to ask where it is. Resident: When people bought homes and Stock Realty was discussing the features that were to occur in the parks - do you have any concerns on liability? Rich Yovanovich: I'm going to focus tonight's conversation on the changes that affect the PUD document. I'm not here to have a liability discussion. I'm here to talk about the PUD and the park.... Resident: Same question. Rich Y ovanovich: The history of the entitlements does not require a park. Resident: Basically, getting back to the questions that were just asked, based on the research and investigation I've done over the last two months - I spoke to approximately 17 county planners, lawyers, representatives, etc - I must respectfully disagree. In my opinion, that the fact that indeed those parks are located in the remote northeastern boundary were removed for the purposes of the remoteness and that they were preserves, in no way relieve the developer of the obligation to develop those parks and nature trails elsewhere in the 538 acres that they have yet to complete development on. And the reference that 'they have been removed from the diagram, therefore, we no longer have an obligation' I would like to quote from the PUD 9.02B Section 9 - General Development Commitments - "the design criteria and layout illustrated from the Master Plan and development plan shall be understood as flexible to comply with all technical requirements and best use natural resources". Accordingly, I'm sorry I for one am going to go to the Planning Comm;,,~ion with my research and to the County Council and ask them to please reconsider. I respectfully suggest that he does indeed still have the obligation and can satisfy that by putting the parks and a limited nature trail in Vita Tuscana as it becomes an extended part of the aide Cypress PUD 10/2112010 Packet Page -466- 4/12/2011 Item 8.B. Resident: I would like to come back to the timeline of the DR! changes. You indicated that two documents were changed - the DR! and a drawing that changed? What were the dates on those documents? Rich Yovanovieh: The amendment that changed the Master Plan was in 1996. The original DR! was approved in 1986. In 1986, this (pointing) was the DR! Master Plan. In the Master Plan, you can see the original location of the parks in the northeast comer. Interestingly enough, you couldn't ever access the park without going through the proposed .MF development and through the preserve to get to the park areas. Resident: There was an amendment to the DR! done to remove the development and park - when did that occur? Rich Yovanovich: 1996. The map was changed at the same time. The main access was to the right (east). The county was then proposing to extend 951 all the way up along the east side of the project. The main access was to be on the east. Resident: Are you suggesting that the Amendment and the map were changed at the same time? Rich Y ovanovich: Yes - they were done at the same time. There was a reduction of project density and the removal of the park areas that occurred in 1996. Both were changes at the same time. Resident: In 2007, when you were standing up here taking bullets, why didn't you say that at that time? Rich Y ovanovich: Because at that time, we were hoping that you would accept an alternative plan. If! would have had my druthers, I would have said you not entitled. Resident: We live on Treeline Drive and according to the map that you handed out, it looks like edge of the property ends at about the fourth .MF west of the driveway? Rich Y ovanovich: There is no .MF on this plan. Resident: Is this.MF (pointing to SF area)? Rich Y ovanovich: No. Those are different single family products. Resident: So, the colored portions is what Stock owns? Rich Y ovanovich: Correct. Resident: The dark green is what? Rich Y ovanovich: Preserve. Resident: Preserve and SFWMD flow way? Is that set in stone? Rich Y ovanovieh: Yes. It is permitted. Resident: Never to be touched? Because when it rains, we get 4-5 feet of water. 10/21/2010 Packet Page -467- 4/12/2011 Item 8.B. Rich Y ovanovich: Correct. Resident: What are we doing with the property highlighted in white? Rich Yovanovich: It is MF. Resident: Is it close to the Dunkin Donuts to the east? Rich Yovanovich: Yes. Resident: How do you change the zoning on someone else's land? Rich Yovanovich: We are not changing anything. We are not chRnging the development standards on the MF. Resident: You said it was zoned ag? Rich Y ovanovich: That is the 18 acres next to the cleared land. Resident: Will the SF development be required to be social members of the club? Brian Stock: Yes. They will be required to be social members. Resident: The MF section. ..are any arrangements to be made for them to be part of the club? Rich Yovanovich: No. There has been no discussion. Resident: As far as landscaping - will that be the same quality as Olde Cypress? Rich Y ovanovich: Yes. It will be consistent with Olde Cypress. The goal of the project is to have a nice SF development at the entrance of Olde cypress. Resident: So they will this co=unity be considered part of Olde Cypress - not a separate neighborhood? Rich Y ovanovich: Essentially, I guess so. Yes. From a practical standpoint - yes. Resident: Can you give me an explanation between the red and yellow colors on the site plans? Rich Y ovanovich: They are all single family. The red is 50' lots and the orange is 60' lots. Resident: What are the security plans from Immokalee Road once this is all cleared to protect us in Olde Cypress? Rich Yovanovich: The canal and a perimeter landscape berm adjacent to the canal between Vita Tuscana and Immokalee Road. 10/21/2010 Packet Page -468- 4/12/2011 Item 8.8. Resident: Fundamentally thought, you could walk right down the asphalt path and walk into Vita Tuscana? Rich Y ovanovich: Yes, I guess you could. Resident So this is no longer a gated community? Rich Yovanovich: We'll need to talk about (security)? Resident: So, this is already not a gated community since you can walk down Logan Blvd and walk right in to Strada Bella. Resident: My name is Gary Lusher. I've been part of this community for several years since 2002. Obviously, the request for the establishment is growth which is totally understandable and a welcome addition to the community. But I was at the 2008 meeting and meetings before that. I think you realize ther'e was an expectation of a park. What is the benefit to the homeowners and the community of Olde Cypress in not objecting to the elimination of the park and nature trails? What's the benefit to the homeowners? Rich Y ovanovich: The benefit to the Olde Cypress community is that you will get this development at your entrance. A 125 SF community vs. the original 71 unit project with 33 MF and a separate 18 acre MF project at your entrance. You will get a higher quality project at your entrance. At the meeting two weeks ago, there was discussion not related to the re-zone documents about enhanced landscaping that will occur at the entry and additions to the clubhouse/fitness center areas that are all hand in hand in addressing what some people perceive as the loss of a park. There is going to enhancements to the fitness center, landscaping, and a much nicer development in our opinion than what could have been there had Brian (Stock) not made a commi1ment to buy this project and build SF rather than letting it go to another developer who could have built up to 72 MF units. We believe that tradeoff more than enhances the value of the Olde Cypress community's perceived loss of a 3.9 acres park. Resident: Excuse me. What is the value you put on these improvements and what value do you put on a 3.9 acre park. What is the value of getting a environmental park and nature trails? What dollar value? Rich Y ovanovich: You are asking appraisal issues that I cannot answer. Resident: At the last meeting, you said it was $100,000. Rich Yovanovich: Well, the landscaping we are proposing is more than $100,000, the fitness center improvements are doubling the size of the facility, and there is a lot of money related to that Are you asking an exact value? Resident: So swapping 3.9 aces of park and the elimination of nature trails for a couple hundred thousand dollars? From the crowd: I don't think that is correct. I don't think you are doing this to swap out the park. You're doing this to enhance our properties in here and help you develop your property which would be a tremendous enhancement to the community as a whole (applause) Rich Yovanovich: Yes ma'am 10/21/2010 Packet Page -469- 4/12/2011 Item 8.B. Resident: I just want to say that some people in the meeting in 2007 spoke out against the park and I just want to say that it doesn't represent the entire co=unity. We have a lot of valuable space out here where we can see nature, we have the preserves. I don't see any value in the addition of the park and I'm glad Brian Stock is developing this property ( applause) Resident: I just want to comment Thank you for your reference on want vs. want. I want to know what is the benefit to Olde Cypress? As I understand, it is an enhancement to our community, the club, as well as intrinsic improvements to show progress on Treeline Drive. You've answered my question. Rich Y ovanovich: Yes sir. Resident: I was finished until you mentioned the fact that the fitness center is basically part of the enhancement package - and it certainly is. And tangibly it will benefit us all. I've been here since 2003. That fitness center was discussed in 2005, before Mr. Stock had anything to do with Vita Tuscana That fitness center - and I go there every day - is the smallest, most ill equipped, and frankly embarrassing fitness center in all of North Naples. I think in a depressed housing market it would be wise for any developer to improve that because it is an eyesore - so it can help him (and us) develop homes in Vita Tuscana. But to say that if he wasn't going to development Vita Tuscana is adequate for the rem,,;n;ng 466 of us. It's never been adequate. I would think it would be something a responsible developer would have done long ago after the sales center was moved from that area. So, I am impressed wit the new sales center and I think it will be excellent. However, I think it was due to us long before Vita Tuscana ever came up. Resident: Assuming the amendments shall past and construction occurs, this will be a multi-year project correct? Since it is at the entrance of aide Cypress and there will be a lot of activity and construction _ what if any plans are there to deal with a major construction area at our entrance. Screens, berrus, etc. The construction will happen but it will also be pretty visible for people coming into the area. Is there anything you can do to modifY that? Keith Gelder: Obviously, there will be a lot of construction activity. You've already got an existing landscape buffer at the entrance to the community. It's something we'll have to coordinate and address. It's something that we've been discussing lately how to manage that. Dump truck going through the front gate - it's something we'll coordinate. Is there anything that we can do at the driving range _ cutting through before the gate, or after the gate? It's something we'll have to work through. We are responsible on all of our Lely Resort projects in terrus of screening, cleanliness, and m"n"ging our jobsites. It's something that we are cogn;7"nt of and work through. Resident: I wasn't concerned about the details. I was mainly looking forward to a commitment from you to do whatever you can to minimize the construction. Keith Gelder: Absolutely. We'll have to manage our jobsites. Resident: I have a related question that has to do with a security concern. With that the open area not being gated or bermed -lots of people will be coming into and construction workers, etc. Keith Gelder: What we've always done on our jobsites is have a gated construction access. We'll take measures to restrict access the best we can. We'll take appropriate measures along Immokalee Road as well. 10/21/2010 Packet Page -470- 4/12/2011 Item 8.B. Resident: Is the current owner of this property the same owner of the property Longshore? Rich Y ovanovich: No. Totally different property. Resident: Who owns this? Rich Y ovanovich: Vita PIMA, LLC. Brian Stock. Resident: Could sornebody explain the difference of numbers - the Olde Cypress website states there 'will be a low density environment of 650 homes to give you the ultimately luxury of space'. If you take 650 and subtract 426, then the 125 SF of Vita Tuscana, that leaves 99 open SF units somewhere. Is there a discrepancy and the number you have here? The aide Cypress website states 650 homes - just in our community. If you take the numbers - they don't add up. It gives you an additional 99 units. The MF are not part of Olde Cypress. There are 99 possible units according to this (website). What is the discrepancy? It's off the Olde Cypress website. Rich Yovanovich: Tbe Olde Cypress PUD was approved for 1,100. We are removing 158 units to take it to 942 units. That's what is approved in the zoning. I'm not sure what the website says. Resident: The Stock aide Cypress website says 650 SF homes. Rich Y ovanovich: That was prior to adding this 64 acres... Resident: I'm saying that in aIde Cypress there are 426 homes. Add 125, that's 551 - a difference of99 units. I'm questioning where they might be coming in. Brian Stock: I understand what you're saying. As far as the numbers aren't adding up, we'll have to take another look at that. Steve DeAngelis: That information was put on the web site was by the original board. It may be outdated. We'll have to update it. Resident: This is not the aIde Cypress Master website. I'm saying this is the Stock Olde Cypress website. Rich Y ovanovich: Any other comments? Resident: Someone asked the question the berm on Immokalee and whether that would compromise our community and whether we are, in reality, a gated co=unity. It seems it was not answered. Can you answer that concern? Rich Y ovanovich: Right now the HD development calls for a landscape berm and buffer along Immokalee Road. That same concept is being carried on for the additional 18 acres. So, there is no changes in the access to the community form what was previously approved. Resident: We presently live in a gated community with certain security. Rich Y ovanovich: Unless it is gated all the way around?? Weare not changing the accessibility. 10/21/2010 Packet Page -471- 4/12/2011 Item 8.B. Resident: But if you can walk in off Immokalee Road? Brian Stock: We are going to have to do some type offence or security structure on Immokalee Road. At a minimum we'll have a security fence. Rich Y ovanovich: Let us get back to you regarding security - fencing or not fencing. Resident: I would appreciate if you could get back to us. Rich Y ovanovich: We will let your association know. Resident: One final question - the issue of the park. There has been an evolution of understanding whether the park issue was a legal obligation or wasn't an obligation. Stock trying to alleviate the issue. I believe that it wasn't voluntary unless there was a legal obligation. I still would hope that we as residents and also Stock can clariiY to the Commission or Planning Representative what the legal requirements or obligations of Stock are relative to the park. We've heard it was a requirement, not a requirement, somebody mentioned it was an "rlm;n;strative oversight. That makes no sense to me. It's bard to believe. I would like for all parties to understand exactly what the legal aspects are with respect to. So we don't spin our wheels speculating. Rich Y ovanovich: Let's just cut to the chase, we believe that this project and the improvements to the entrance more than offset the obligation to build a park. We can go back and forth all we want. We don't believe we have the obligation. We believe the proposed plan of development more than offsets the obligation of a park. I think there is probably a difference of opinion. Uuless there is anything new, I would like to thank everyone for coming. ***END OF MEETING*** 10/21/2010 Packet Page -472- WALDROP ENGINEERING CMl ENGINEERING & lAND DEVElOPMENT CONSUlTAN18 4/12/2011 Item 8.8. Memorandum To: Nancy Gundlach, AlCP, RLA From: Alexis Crespo cc: Brian Stock Keith Gelder Richard Y ovanovich Chris Mitchell Date: February 25, 2011 RE: PUDA-PL2010-388 - Olde Cypress Planned Unit Development Amendment The following items are enclosed to address substantive issues raised at the Collier County Planning Commission (CCPe) meeting on February 17, 201 I for the above referenced application. Items shown in bold are attached in accordance with this listing. I) Olde Cypress PUD Master Plan . Revised to depict existing access to the Da Vinci Parcel 2) Olde Cypress PUD Amendment Ordinance . Revised to remove reference to "bicycle paths" in Section 4.05 3) Additional Exhibits . Conservation Exhibit depicting areas within the aIde Cypress PUD that are under conservation easement with the South Florida Water Management District . Developer Contribution Agreement and supplemental exhibits outlining proposed community improvements, contingent upon fmal approval of the PUD, PUDZ and DOA applications Page 1 ofl Packet Page -473- Z_lJ.,! :.;;, ',-. 'J.o< :-. l~___~_____~^_ , ~ , ~ , ~ . : ; . ~ , o , ~ ~ . o < ~ ~ , , ~ , e " . o < ~ ~ r . o ~ o o , < , , o t;~~ ~~~ ~ ~..",,,, 3:.;~g s~~~, ~:;;-'^. ~:~~.': .. g~i; ~5",~~ ~:~CO;2 a2~;;;.. '" <.J..... 'tt~~ ~ ~ =.,.,.... <=C"",,, 0' ~~~ ~::!< "'0 "'''.. '-.>>;>3; 0', -". ~~~~ ~0t~ ;;: ""~ c~"'l!: oc:;'t", "'''~''' :~~ ~ ~~~~ "=",.....,, ..,~ c'O "'--"> ";'" """".';. ))/1'7 , ." ~g ~'" ..0 .' ., ," -:;... <.;),.. ~-~~ ;:"'-... ~=* '0' tr,..L> . . ~ V ~ ~ e V) ""1OQ,)(\j"':~ ~ i.O~<"'ilciC\loi D ~-(\j~ ~ " ,'" '"~ ~(;j ~'" "'''' ,,'" ~ I.UC ct Q.,~ 4JLlJ O~ ~ <<: ':I' ~~LI.j0 ~ ...J:::.;cti:UUl '"') ~ ;t::!=>:Q.,trlg~ c ... ~~CQ~O'<{?f 9:: ~LlJti~8: (lC/) ...J ~ ~~~~~~~ ~ ~ ~8~~38:3::: >- '" ~ ~ i V) ll.J V) :;:, '" <: '<: .-J ,~-~-- ~ /I 0 H S 9 It 0 1 \ " \ . " . < 3111135311<1 3)/"'1 ''''.'' z w ~ "0 , g~ V W" . >. , w 0 . 0 ~ 0 ~ii 'h ; i ~ '; ~ , ~: ~ ~~ '" ::! '~ i I ~ , t t I , I ~_ ,- i.. '''' Q < < - o " z >0 a:;::cn ~U" .~W O.U "~U ~,,~ WZ cO U, " , .. , '. , , I': ~ ~ : 1::> ~ i' , i , , I ~ ? ~ :g . !::'i: <> 6~ ~'? :2: .! ~2 ," " ~~ ~~ ~! Z~ r,' :I] ......:1] Q;;J ,- H:l.. OG c; o => Q. '" ...", Z", Ww :;;0 Q.O 0" -' wZ >0 w- 0'" o o=> :1:'" ... ,..'" "'Z "0 0:0 o Q. :;; W ... .j:>. -- ->. I'V i\3 ...., - (l) 3 co OJ 4/12/2011 Item 8.B. ORDINANCE NO. 11-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-37, AS AMENDED, BY AMENDING SECTION I ENTITLED "STATEMENT OF COMPLIANCE"; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES AND SCHEDULE"; AMENDING TABLE I ENTITLED "OLD CYPRESS LAND USE SCHEDULE"; AMENDING SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES"; AMENDING SECTION 7.02 ENTITLED "MAXIMUM DWELLING UNITS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Olde Cypress PUD and DRI was originally approved as The Woodlands PUD and DR!; and WHEREAS, The Woodlands PUD and DR! master plans were revised to eliminate development on the eastern portion of the project including, but not limited to, the elimination of a park and road; and WHEREAS, when The Woodlands PUD and DRl master plans were amended to eliminate a park and road, the PUD document failed to delete certain references in the text to those improvements; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County Commissioners to amend Ordinance No. 2000-37, to delete certain improvements from the aide Cypress POO. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE Section I entitled "Statement of Compliance", item 5 of Ordinance No. 2000-37, as amended is amended to read as follows: 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of &.+ 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is Olde Cypress PUDI PUDA.PL201O-388 Rev. tB4I++ 2/25/11 Words struck tRFG~~h are deleted; words underlined are added. 1of4 Packet Page -475- 4/12/2011 Item 8.B. consistent with the Collier County Growth Management Plan density rating system. SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: The general plan of development of OLDE CYPRESS is for a planned residential conununity carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, conunercial, water recreational facilities and preserve areas. SECTION THREE: AMENDMENTS TO PROJECT DENSITY Section 4.03 entitled "Project Density" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is approximately 538.1 acres. The maximum number of dwelling units to be built on the total acreage is +,+00 942. The number of dwelling units per gross acre is approximately U 1.75. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel ofland. SECTION FOUR: AMENDMENTS TO RECREATIONAL FACILTIES AND SCHEDULE Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000-37, as amended, is hereby an1ended to read as follows: The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2. Swinuning pool; 3. Bieyele pata3 aad sidewalks; 1. Natare Trails; Words &tr~Gk l~re~~~ are deleted; words underlined are added. 20f4 OIde Cypress PliDI PUDA-PL2010.388 Rev. L~t'll 2/25/11 Packet Page -476- 4/12/2011 Item 8.B. 4. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits. 6/ P!li'ks (3.9 acres ffiiaiffiWR). SECTION FIVE: AMENDMENTS TO TABLE I Table 1 of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL +,l-W 942 Units ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACES LAKE/PRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 176.2 Acres *SEE ALSO SECTION 8.13 OF THIS ORDINANCE SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE Section 5.02 entitled "Permitted Uses and Structures", item C.4a of Ordinance No. 2000- 37, as amended, is amended to read as follows: 4. Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is nine hundred fortv-two (942) units. Words gtrysk IhrgY!jh are deleted; words underlined are added. 30f4 Olde Cypress PUDI PUDA-PL201O-388 Rev. 1,'24111 2/25/11 Packet Page -477- 4/12/2011 Item 8.B. SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS Section 7.02 entitled "Ma.ximum Dwelling Units" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 7.02 MAXIMUM DWELLING IJNITS A maximum number of -l-,+{J() 942 residential dwelling units may be constructed on lands designated "R". SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this __~day of ,2011. ATTEST DWIGHT E. BROCK CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COlJNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney \,~~;I" CPI] o-CPS-O] 044\20 Words strusk tRr~ugh are deleted; words underlined are added. 4014 OIde Cypress PL;[)! PUDA-PL201 0-388 Rev. -h'*IH 2/25/11 Packet Page -478- , ., , ~ , . . . ~ ~ , " ! ~ , ~ ~ . ~ i . , ~ ;~ ~ ~ ~ , 0 < 50 < - - . ~ , 0 ~ I ~ "' ~~~ ~ . I : ~ I u"';> ! '" ~ ~<, . .I ~ ~ ~g~ ! ~ . . . ~ ~ 'I ~ c::i:;c;: " ~!i ~ ~ z "'1:i_Q ~ g ! ~;;g I ~ ~ !~i ~ i ~ < " ~ ~~g""-, -0- '" ~ < ill u ~ ~ , c W w ~ ~ z ~~~~ > ~ ~ < , I I !I m ~ ~ ~ u... ::l , W w 5 . ~~F8 " " . it < ~iS"'C:: < ~ ~ ~ . . a 0: ffi z- ~~ to 0 ~ , a go~~ ~I g w '" ~ . ~ ~ 5 ~I ~ ~ g ~ ~>--,.,;W ~ , , ;; > 0 " u ~~;~ 8 D U ffi z c u 0 g: ~ ~ ~ <<0 rrJl~ ~;;,813 ~ ; ; " << rRl ,'-;. ",rg,,-.\;< G~ ~~ . ~ ~ ~ u w 0 " z ZW .:;, :):v;' .-~\ :f::1iStd ~ ~ "" g ~ < ~ < 0'" ~, ~"-"-~ ~ Z " , ~ <l: ;:;; 81 u - -'" il' ~ ~ z u .... . "' w' ~..'i to "'", ~~ ! ~~l >w Q"'S;; "'.. u . ::;.~ .I! W.. ~ ~ " . en::> g ; . 5" 0 '-' ,. ZZ QQIJj +, ~~-J~<O f~~cc~' u.;u.:n::~: '" <;1;';( lfi .::: ~~~.-~ u~ . ., " , i~ , . ~.. ";;';'.;,,,'."- 11 .l >og_ , ~ .' ~ ~ ~ Hm " . I~. w~ .... ~~ Z <, 01]: ~~, w ~: 5" :r !l'~ o ~ o OC W W S ~ ~ rT' CJ'J """';[fJ 0'" ~g: OG .t>. -- -->. I\.) to o -->. -->. ;:+ CD :3 ()) OJ 4/12/2011 Item 8.B. DEVELOPER CONTRIBUTION AGREEMENT This Agreement is made by and between Olde Cypress Development, Ltd. ("Olde Cypress, Ltd"), Vita Pima, LLC ("Vita") and Olde Cypress Master Property Owners Association, Inc. ("OCMPOA"). R E C I TAL S: WHEREAS, Olde Cypress, Ltd. is the Developer of the Olde Cypress Community which was approved as the Olde Cypress DRI and Olde Cypress PUD; and WHEREAS, the original Master Plan for the Olde Cypress PUD was amended to relocate road improvements from the castern portion of the project to the western portion of the project and eliminated certain proposed development areas including, but not limited to, two areas totaling 3.9 acres for parks, nature trails, and jogging trails from the eastern portion of the project and instead designated those areas preserve; and WHEREAS, the reference within the text of the Olde Cypress PUD to the 3.9 acres of parks located in the project was inadvertently left in the text of the Olde Cypress PUD; and WHEREAS, OIde Cypress, Ltd. has applied to Collier County to amend the Olde Cypress PUD to eliminate the requirement to provide 3.9 acres of parks, bicycle paths, hiking, walking, and nature trails, reduce the project density by 158 dwelling units, and to make other minor amendments to the Olde Cypress PUD; and WHEREAS, Vita owns approximately sixty five (65) acres located adjacent to Olde Cypress which includes property within the HD Developmcnt RPUD; and WHEREAS, Vita is the successor developer for the vast majority of the development authorized by the HD Development RPUD; and WHEREAS, Vita owns approximately 18.7 acres of vacant land adjacent to the HD Development RPUD and has applied to Collier County to add the 18.7 acres to the HD Development RPUD; and WHEREAS, the HD Development RPUD as proposed hy Vita will result in less density than authorized under the Collier county Growth Management Plan and will result in mores single family units being constructed adjacent to the Olde cypress PUD; and WHEREAS, Vita has applied to Collier County and the Southwest Florida Regional Planning Council to amend the Olde Cypress DRI to incorporate the property comprising the HD Development RPUD into the Olde Cypress DR!. The incorporation of the HD Development RPUD into the Olde Cypress DRI will not increase in the residential units authorized by the Olde Cypress DRI; and WHEREAS, Olde Cypress has agreed to construct improvements to the existing fitness center facility, provide funding for entry landscaping upgrades, provided improvements to the Packet Page -480- 4/12/2011 Item 8.B. pool and tennis courts, installed a new sidewalk between the Strada Bella & Terramar communities along aide Cypress Drive, and fixed the existing Logan Boulevard fence; and WHEREAS, the OCMPOA has agreed to support the Olde Cypress PUD Amendment, the Olde Cypress DRI Amendment and the HD Development RPUD. WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: I. The above recitals are true and correct and incorporated herein by reference. 2. Fitness Center Expansion. Olde Cypress shall pennit and construct improvements to the existing fitness center as set forth in Exhibit "A" attached hereto and incorporated herein. 3. Entrv Landscape Upl!rades. Olde Cypress and the OCMPOA have agreed to the design and installation of the landscape improvements set forth in Exhibit "B" attached here to and incorporated herein. The OCMPOA shall pennit and install the landscape improvements. Within thirty (30) days of completion and acceptance of the landscape improvements, Olde Cypress shall pay to the OCMPOA the lesser of: I) $100,000 or 2) total verified cost of the landscape and irrigation improvements invoiced by the landscape contractor. 4. Pool & Tennis Court Upl!rades. As additional consideration for this Agreement, Olde Cypress has installed new pool furniture, re-painted the perimeter pool fencing, installed new tennis court canopies, and resurfaced the clay courts. 5. Strada Bella & Terramar Sidewalk Installation. As additional consideration for this Agreement, Olde Cypress has installed the sidewalk improvements set forth in Exhibit "c" attached hereto and incorporated herein. 6. LOl!an Boulevard Fence Repair. As additional consideration for this Agreement, Olde Cypress has repaired the fence along Logan Boulevard and added at top rail to further enhance the security of the community. 7. Support of Applications. The OCMPOA will not oppose the aide Cypress PUD Amendment, the Olde Cypress DR! Amendment and the HD Development RPUD (collectively "Land Use Petitions") and will not support any individuals or groups in opposing the Land Use Approvals. A copy of the land use petitions are attached hereto and incorporated herein as Exhibit "D". Any substantive changes to the Land Use Petitions must be approved by the OCMPOA. The OCMPOA will send a representative to all required County meetings, including but not limited to the neighborhood infonnation meeting, Collier County Planning Commission hearing and the Board of County Commissioner hearing to speak in favor of the Land Use Petitions. Page 2 of 4 Packet Page -481- 4/12/2011 Item 8.8. 8. Tract R Limitations. As additional consideration, Olde Cypress agrees that the two parcels identified on the Olde Cypress PUD as Residential tracts which are adjacent two the former aqua driving range will remain as a putting green and as open space as part of the golf course and will not be developed as residential uses. The two parcels which are the subject condition are depicted in Exhibit "En. 9. General Provisions. a. For purposes of the execution of the Agreement, facsimile and/or electronically scanned signatures are acceptable as originals; b. If any litigation shall be instituted, or other action taken for the purpose of enforcing or interpreting any of the provisions of the Ab'1'eement, the prevailing party or parties as determined by the Court having jurisdiction thereof shall be entitled to recover, in addition to all other relief, an amount equal to all costs and expenses incurred in connection therewith, including without limitation, reasonable attorneys' fees at the trial level and in connection with all appellate proceedings; c. Any number of counterparts of the Agreement may be executed and delivered (including via facsimile, which shall be accepted as originals), cach of which shall be deemed an original, but all which together shall constitute one and the same instrument; d. The terms of the Agreemcnt are to be maintained in strict confidence by the parties. In the event that any party shall be required by any governmental agency or any litigation to disclose the agreement or its tenus, the other party shall be given immediate notice. e. This ab'l'cement shall be govcrned by and construed in accordance with the laws of the State of Florida; f. No change, modification, termination, or attempted waiver of any of the provisions of this Agrcement shall be binding upon any party to this Agreement unless reduced to writing and signed by the party or partics against whom enforcement is sought; g. All understandings and agreements between the parties are contained in the Agreement and Exhibits attached to this Agreement and the parties acknowledge that no representations or warranties have been made other than those specifically set forth herein; h. Time is of the essence in this Agreemcnt; and i. The effective date of this Agreement is the latest date either party signs; j. This Agreement shall be binding on the partics, their successors or assigns. k. Notwithstanding the terms and conditions of this Agreement, nothing hcrein contained is intended to waive or forego any rights or causes of action of any of the Members of the Association in their individual capacity. Page 3 of 4 Packet Page -482- 4/12/2011 Item 8.B. IN WITNESS WHEREOF, the have set their hands and seals as of the date by their signatures. aide Cypress Development, Ltd. By: Printed Name: Title: Date: Vita Pima, LLC By: Printed Name: Title: Date: aide Cypress Master Property Owners Association, Inc. By: Printed Name: Title: Date: Page 4 of 4 Packet Page -483- )\ I 'II Ii 'I ii, ,! II . , , , I' If .1 I' Ii )( , )1 it 1 \. <t; t-< H P1 H ~ x: ~ I I Ii " U) U) L.U 0:: D- r U L.U o ..--l 00 f-- zf- 0<( ;:::0:: ~L.U >f- Oz tEw O::U U) U) L.U Z f- ll... L.U I f- "':11'1 8u!t - , ~w . ;.... r w_ cr. :r::-i , Cl...o~ i ::E I", ;:)Ct::..:.; I.d;~ '!' "'illi .j>. -- ...... N N ., I I ..... 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I'V i\3 o -->. -->. - (1) 3 CXl OJ ~ z o u = Pl ~ H Pl H ::G ~ '" ./>. --- ....>. I\.) i\3 "" m 3 (X) OJ ili j . ~. . -n, E-< :z; o u >Xl @) @ ~k~ l:! f, r (. ~ '1'0'" . )1 :?,,~ co. ~ , ! i 51 '\:r- i .. ) .) r ,~_/ ,><'-, ;1 . f~ 'l :/; ! ( "'Y-l" f~~ i ~ . V "-/ . t ;;~<\~){ 'Ii ~i i(' ); _ t ~~, ~ E-< H >Xl H ~ >; riI l ~ !--- 8 3@ ~~ "< ~~ .=:o:: OJ", 0_ ~2 V) V) w>- ~ct:: Q..t- >-2 U!w wit- OlrD 015 .t>. -- ...... I\.) i'3 o ...... ...... - (1) 3 CXl OJ E-< Z o u = P1 = E-< H P1 H ~ :>; riI .j:>. -- .... tv N ...... ..... CD 3 OJ IJ) ,......... }J f-< H ;:0 H ::r: :>< r<1 -!>. ....... ...... I\.) i'3 o ...... ...... t '" :0 ;.. ~ i! ft "" " ::. . i:' 1 Q .. .ji - CD 3 ()) OJ ! oj o ~ ~ ;; '" '" ~ ~ 'f 0- ro :; ii' o ~ o 4' ~ ~ ro ~ S ~il' b ... .. " roM ~ .. 5;' ~;; "'~ ~~ ~ " CLUBHOUSE SITE P1 r-.- .-...........-----...-- ~ Il1la PRESERVE - HERBACEOUS WETLAND CREATION AREA PRESERVE - FOX SQUIRREL PRESERVES. EXACT LOCATIONS AND SIZE TO BE DETERMINED IN FIELD DURING CONSTRUCTION. TOTAL AREA TO BE 6.5 Ac. +/~ ll.~ L;n~ DRII PUD GREEN SPACE @ RESIDENTIAL Packet Page -500- 4/12/2011 Item 8.B. il N I LAKE 8 ~ ENGINEERING CMLPlOINElIlWO.& lAMI Dl\IIUU'MEN[CO/lIS.ULTANJS 11810DllOMr-'ClIlANDEDfn\'E-6U1ITSIl5 IIONII'AAPIllNll8,fL~4U5 p:llat-.405.nnF,a~0507!1!)9 EMAlIJIiIIlDlflnldl'oPMtl_na.OOIIl FU,JIl;IDACSRttfICATlIOf,4.UTHORIZATIONIUl6 EXIDBIT "E" OLDE CYPRESS DR! \ PUD GREEN SPACE PREPARED FOR: VITA PIMA, LLC. FILE NAME: 19501E0702 UPDATED: 02-22-2011 Co" 9'unty .....-- _.. l._ 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLlIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 PETITION NO PROJECT NAME DATE PROCESSED To be completed by staff NAME OF APPLlCANT(S) OLDE CYPRESS DEVELOPMENT. LTD ADDRESS 2647 PROFESSIONAL CIRCLE. SUITE 1201 CITY NAPLES STATE f!, ZIP 34119 TELEPHONE # 239-592-7344 CELL # 239.28Q..6504 FAX # 239.592-7541 E-MAIL ADDRESS:KGELDERapSTOCKDEVELOPMENT.COM NAME OF AGENT WALDROP ENGINEERING. P.A. ADDRESS 28100 BONITA GRANDE DRIVE CITY BONITA SPRINGS STATE f!, ZIP 34135 TELEPHONE # 239-405-7777 CELL # 239-682-2248 FAX # 239-405-7899 E-MAIL ADDRESS:CHRISM@WALDROPENGINEERING.COM ADDITIONAL AGENT: Rich Y ovanovich, Coleman, Y ovanovich & Koester, P.A. 400] Tamiami Trail N., Suite 300, Nap]es, Florida 34103 Phone: 239-435-3535 Fax: 239-435.]218 ryovanovich@Cyklawfinn.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND FNSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. -, Revised Nov2009 Packet Page -501- Colly County ~-- - -- 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collleraov.net I' ,'"S$OCb~"l'l()N.S{ , ;"":..,...' " ',I 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 httD:llwww.collieraov.netllndex.o5Dx?baae=774 NAME OF HOMEOWNER ASSOCIATION: SEE ATTACHED MAILING ADDRESS _CITY _STATE_ZIP_ NAME OF HOMEOWNER ASSOCIA nON:_ MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION:_ MAILING ADDRESS _CITY _STATE_ZIP_ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS _ CITY _ STATE _ ZIP _ NAME OF HOMEOWNER ASSOCIATlON:_ MAILING ADDRESS _CITY _STATE_ZIP_ Revised May20] 0 Packet Page -502- Olde Cypress Master Property Owners Association r- WelcomI!l5dDm...~t! Mal_Menp . !I<mJ . PhDtoGall!"" . Rf;tGlI"lm,,"" us .~ Pri".te ReglstllNd Uiltlr. Only . NeW$ Tooln 'NRWSArchlvl!I .~ . Boen:l Minutes . BosrdNotices 'Boilrllet.Rctlon. .~ .~ 'Ell!mi .~ .- . MuterCoc:umllnrs . Stork DlNelocmenl: . lettf!ntothl!RrnIrd .~ -YQ2!!1 Info '8oardofOI~ . HOA Contact US! . ColTUl'lunll:vSltp. Plan \.. r- , "t~ijl'iflt5.s" ...~~-:~.~~".;(~:~-~~>:-,:'.r~~~':/ ;::t~ , , .,.- .;:-; -; 4/12/2011 Item 8.B. n1gc 1 U~ 1 '.' ., ,II',,": ",:' :-' " -' ~, AprJll&, 2010 CBlendar AR1llll1ll 666 o6&6&c~ 1!Y..u1!.lS.~1Z 0000000 ggM38~ 88~8~~. Weltftl!lf NsP!8J:, FL 7BOF MDStly CloudV ..e"I33PM~ chckr..F.....c:.t.l; ...I ., L. All 10005 and tIIdemam m thtI sne,.,. proplllty 0' lludr respective oWl1er. The comments a~ property of~r poslt!rC. $I" the roMt C 2CD2 by ThtCybemood,com SIt. Designed .nd fWlted by TheCYMr1'Io!xI.CCIm II alvtskln af Mlgl'illttch splIclellllnllln deslQn end hostfr'lg for HOIl WIMltK end Con,;n WAMlfP!! ...I HOA Contact List (r.portcll.ngli5toweb51h!!l!m1!l) Order or calls to report problems within your HOAI 1. HOA Property Manager 2. HOA President 3. HOA Neighborhood Representative HOA President NeIghborhood Property Manager R.enresentatlve Blscayne Jim Jim Steve Place Costello CostellD DeangeliS HOA (5~~2~~:.1;.~3 (516) 742-1983 293al227 mlIl;.costel rans.a. dama/'l';;':~";;-com"'rt.n" DaVlncl Jeffrey M. Richard Bruce HOA Folkman Kernan Sickles 'm' 597'317~~ 596"2792 ... 2.71-7158_", ro1 It dlckkem8.;&..-;'~....m m st.n Egret elll Denise None CoYa SnYder Sapia HOA 594-9084 (716) .~.s...o.:?~56 wn:" bel!!m;rS Qlde AdrIenne Adrienne Glen Cypress Deluca Deluca r-ulker HOA 254-8157 254-8157 .. n1:5!?!L_ "u .flke! s t. Sante Rob BrIan Dean Rosa McWliUams Murphy Haliles HOA :.?2:!?~? 594-2841 "h' 262-5051 v Itc mu......: bruin;:' hoo.com Santarinl John Susan steve HOA Dinino Jensen OeA.ngells "" _,~24-866,~.. 524-0028 '"om .~~3:.~~~!__ ... 'h . ltrdlnil 1. '" .. 0 Strada Kally Steve Steve Bella Pl:Iffef Smith DeAngelis HOA "" ~:!:.191_~~ _~?:-!~,?,9 293-1227 .._ ... IN" 1 il " m d n comCiI Terra Gary Gary Harb Mar Lusher Lusher Solomon HOA Ci'lrvlush@((.ilMlI'ICZIstnl!t Gl!IlVhO!'ihl\rGUlmCJl!1 net "mo 57'::!?6J__ .". mo om Main Gate Sec:uri 5ecun Guard Cell Phone Voice Messa In S em Tele ne Numbers 592-5381 592-9258 MA Prooertv Man80er Contact Tele hone 5DA Management Steve DeAnaells 591-8407 (offica) 293-1227 (<all) 591-8144 (rax) ''''~milnB em..n".'..'omcilst......, 'emall' Fire fmd Police Emergem;y: 911 Fire Depilftment Fire Prevention Office (leaking fire hydrants): 597.9227 httn:/locmasterooa.com/modules.ohp?nar Packet Page -503- =displaypage&id=2 4/16/2010 Collr County 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORA TrON, list Ihe officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneFiciaries of the trust with the percentage of interest. Name and Address % of Ownership Revised Nov2009 Packet Page -504- Co.rCoUl1ty .....- ~ ..'..-i.. 4/12/2011 Item 8.8. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & lAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership BRIAN STOCK 50% KENNETH STOCK 50% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, o{ a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Revised Nov2009 Packet Page -505- Co.90U'f1.ty ~ ....... -- 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLlERGOV.NET (239) 252-2400 FAX (239) 252-6358 g. Date subject property acquired ~ September 1998 leased 0 Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: _ Date option terminates: . or Anticipated closing dole _ 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. Detailed Ie!!al description of the propertY covered bv the auplication: (If space is inadequate, aHach on separate page.) If request involves change to more than one :zoning district, include separate legal descripllon for property involved In each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. II questions arise concerning the legal description, an engineer's cerlilicalion or sealed survey may be required. Section/Township/Range 21 & 22/ 48S /ID Lot: _ Block: _ Subdivision: OLDE CYPRESS Plat Book See aHached. Page #: _ Properly 1.0. #: _ Metes & Bounds Description: SEE ATTACHED Size of aroDertv; ft.X_fl. = Total Sq. Ft._AcresS38.10 Address/aenerallocation of subject oroperly: Immokalee Road & aide Cvoress Boulevard PUD District (LDC 2.03.06): [gj Residential 0 Community Facilities o Commercial 0 Industrial Revised Nov2009 Packet Page -506- 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 Zoning land Use N Terafina PUD Vacant S HD Development PUD, agricultural Vacant E Agricultural, Government SF Vacant and SF homes W Lonm>hore Lake PUD Single Family Residential Does Ihe owner of the subject properly OWn properly contiguous to the subject properly? If so, give complete legal description of entire contiguous properly. (If space is inadequale, attach on separale page); Section/Township/Range 11 / 48 S / ~ lot: _ Block: _ Subdivision:_ Plat Book_ Pogo #: _ Properly 1.0. #: See Attached Metes & Bounds Description: SOl! alllached. This application is requesting II rezone from Ihe _ %Oning district(s) to the _ zoning dislrictCs). Present Use of the Property: _ Proposed Use (or range of uses) of the properly:_ Original PUD Name: _ Ordinance No.: ~ Revised Nov2009 Packet Page -507- ~Co~unt~ 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 Pursuant to Seclion 10.02.13 of the Collier County land Development Code, staH's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissione.. 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 nated below. Include Qny backup materials and documentation in supporl of the request. PUD Rezone Considerations (lDC Seclion 10.02.13.B) 1. The suitability of Ihe area for the type and paHern of development proposed in relation to physical charaderistics of the land, surrounding areas, trafflc and access, drainage, sewer, waler, and other utilities. .t:UA 2. Adequacy of evidence of unified conlrol and suitability of any proposed agreemenls, conlract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions 10 be made for the continuing operalion and maintenance of such areas and facilities thaI are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultalion with the county aHorney. .t:UA 3. Conformity of the proposed PUD with the goals, objectives and polides of the growth management plan. (This is to include Identifying what Sub-districI, policy or olher provision allows the requesled uses/density, and fully explaining/addressing all criteria or conditions of that Sub-dislrid, policy or other provision.) .t:UA 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 requiremenls. .t:UA 5. The Qdequacy of usable open sPQce areas in existence and as proposed to serve the developmenl. .t:UA 6. The liming or sequence of development for Ihe purpose of assuring the adequacy of available improvements and facilities, both public and private. .t:UA 7. The ability of the subject property and of surrounding areas to accommodale expansion. .t:UA 8. Conformity wilh PUD regulations, or as to desirable modifications of ouch regulations in the particular case, based on determination Ihal ouch modiFicationo of iustifled 00 meeting public purposes to a degree atleasl equivalent to lileral application of such regulations. .t:UA Revised Nov2009 Packet Page -508- eo18rr County -' ~,''''';''' 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 252-6358 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 Detitions on the subiect DroDerly: To your knowledge, hos a public hearing been held on this property within the last year? 0 Yes [gI No If so, what was the nature of that hearing? _ Official Interpretations or Zonina Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes !81 No If $0, please provide copies. NOTICE: This applicalion 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 written notice or es to su I n e r inf ration to continue r ssin or othe wise ctivel ur ve the rezoning for a period of six (6) months. An application deemed "c/osed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by svbmilling a new application, repayment of all application fees and granting of a determination of "sufficiency". Furrh.r review of the project will be subject to the then current code. (LDC Section 10.03.0S.Q.) Revised Nov2009 Packet Page -509- 4/12/2011 Item 8.B. . .. .. .Go"9ou~ty . - -.-. --~... COLLI!:R COUNTY GOVERNMENT. DEPT.O.F:;ZONING!!. LANO.DI;VELOf)MENT REVIEW WVVW,COLLlERGOV.NET . 2800 NORTH HQRSESHO!: DRIVE . NAPLES, FLORIDA 34104d (23B) 252-2400 FAX (239) 252-635.8 AFFIDAViT we/i, OLDECYPRESS DEVELOPMENT. L rDbeing firsl duly sworn, c1epose and say Ihalwe/l arn1i:lre the owners of the propertydescribEid herein and which is the subject matter of the proposed hearing; Ihat. all Ihe answers to the questions in thfsapplication, including the . disclosure of interast information, all skEltches, data, and other supplemenlarymatlElrattachEld.' to and made apart of this application, are honest and true to the best of our knowlel;ige and belief. We/lundersta.rid thatthe infolll1ation requested on this application must be complete' and accurate imd IhaUhe conlent ofthis form, whelhercomputer generated or County printed shall nol be altered. Public hearings will nol be advertisedunlil this application is deemed .' complete,and all required information has been.submitted.' '.. . As properly oWllElr Well further alJthoriie WALDORP ENGINEERING. P.A.and COLEMAN. YOVANOVICH&KOESTER, PA. to aclas our/my representative in any matters regarding thisd Petition. . .. . .. d . d . .. . .. . .. . , Property Q"mer Signature of Property Owher . . , BRIAN STOCK. MANAGER Typed or Printed Name of Owner .. '. Typed or Printed Name or Owner The. foreg9ing Insirument. was~qknowleqged <I>Elforadrne trn'$ QWLL . ,. ..' 20'2-, by @AaVl:)lt2QJ~) d,:'. personally knownio meorhas produced 'd';:- ~ ::J.d: day: of who is .-- as ideritificatiOii~ -. . d .. ..' .. .. ,4~"""GEiJi ,.,,"': I .. .: '>~;':7MYCOMMISSION~DD877963 .' . 'If,w1:'<.,, EXPIRES April 10. 2013 . ) 3ge-01""3" .,- , . .- StatE! of Fron ~--:___._ fI",",,~X~~~ . '. CountyofColherq .. . .... . ... -:fxJJ/' . 'eM .q, .. :. I ... _ (Print, Type, 0 Stamp Commissioned. Packet Page -510- . C. County - - --- . . --- 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affll1llthat we are the fee simple titleholders and owners of record of property commonly known as OWE CYPRESS DEVELOPMENT, LID 2647 PROFESSIONAL CIRCLE. SUITE 1201. NAPLES. FL 34119 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for RESIDENTIAL planned unit development ( PUD) zoning. We hereby designate COLEMAN, YOV ANOVicH, & KOESTER, P.A., Jegal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bInd all owners ofthe 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 ofthe project: I. 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 tenns, 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 Deveiopment 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. l. 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 pennits, 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 alltenns, con 'tions and s guards of the planned unit development. Owner BRIAN STOCK. MANAGER Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or afflnned) and subscribed before me this ;):!jlfJ.dRY of who is personally known to me or has produced JUDITH M. SEALE f'1. N Diary Public. Slate 01 Florlde . .i My Comm. expires Sep 28. 2012 S CommlSBlon II DO 819B93 Bonde. Through Nllio,,' Notary Am. ,2rM by &vu "{fuN as identification. Notary P (Name ic .;)"6.&./+ t. Se;~1.1:. ed, ptmted or stamped) R Packet Page -511- 4/12/2011 Item 8.B. Chris mitchell From: GundlachNancy [NancyGundlach@colliergov.net] Sent: Friday, June 04, 20104:47 PM To: Chris mitchell Subject: RE: Olde Cypress PUDA PL2010-388 Hi Chris, Thanks for your e-mail. I have double checked your requests. A Utility Statement and sketches and a Boundary Survey will not be required. Sincerely, Nancy Nancy Gundlach, AlCP, RLA Principal Planner Growth Management Division Department of Land Development Services 2800 North Horseshoe Drive Naples, FL 34104 telephone: 239-252-2484 fax: 239-643-6968 From: Chris mitchell [mailto:Chrism@waldropengineering.com] Sent: Friday, June 04, 2010 3:39 PM To: GundlachNancy Cc: Keith Gelder SUbject: Olde Cypress PUDA P12010-388 Importance: High Nancy, We had a pre-application meeting on March 24 for the proposed strike-through and underline PUDA to amend the language for the PUD to cleanup some language as it corresponds to some uses that were previously removed from the PUD master plan. Those uses were removed through the PUD zoning process as a result of environmental concems. Even though the PUD master plan was revised to exclude the uses, the language was never updated. We will be submitting next week and I have a couple of questions/issues I need to clear up. Per the checklist from the pre-app, the Utility Provisions Statement w/sketches is marked as required. The amendment proposes to remove the reference of a park and trails that were originally located in the northeast corner of the PUD. The proposed change has nothing to do with utilities and I feel it is unnecessary to include this in the submittal. Another item listed as required is the boundary survey. We are not proposing any change to the PUD boundary, use, development location, etc. and the boundary is irrelevant to the proposed PUD amendment. Typically, strike through and underline PUD amendments for text purposes do not require lhese for submittal. Can you please confirm these items will not be required for this submittal? Please let me know as soon as possible. 6/6/2010 Packet Page -512- C~y Cou~ty - ~ - 1)J\~/,12~2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT, OF ZONING & LAND DEVELOPMENT REVIEW. WWW.COLLIERGOV.NET . 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 .(239) 252-2400 FAX (239) 643-6968 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 SUMBfTTALS WILL NOT BE ACCEPTED, REQUIREMENTS # OF REQUIRED NOT COPIES REQUIRED x onents) ~ i+ "i>4 ~ lL... .. - ~ II I PUD document and Master Plan 24" x 36" Ni. Y IF AMENDING THE PUD e ~ ~ 0 document with changes crossed thru & underlined -Revised PUD document w amended Title age word #'s WC 10.02.1 3.A.2 Elf!lfllr; ~Ps-&-e.....ey.-(.if-l><ltIndary ur urlgl"!!I.Pt:l6-1....m....<teClj. .!Jd ntilying Owner & 011 parties 01 corporation ~ MJ, r/Affldavlt signed & notarized II--- enant of Unified Control ompleled Addressing checklist L~ eIWI,enmentaHmpact 310Ie"'ent'tEtSj.....orexemptl<>n-jU&tlli."'tlon Olglroltel8mffilC copy orElS Httte:r.hml::SUFY~Or-worvAr.-[equmr .JJtllit, rluyh.ll.Il~ 3\gteme~ket.ctuu. A.cdlitaotuFoJ..reneh:fllltqffsf:'PHiJf=1UliEJl'd..,t.r.ucf:tlres I Wfflti,lIftp6l!t Statement (TIS) or waiver {with applicable feesWE ljl..~~ py 01 Traffic Impact Statement (TIS) on CDROM 'Aerlol'ph..t"!I"'ph..(tol<en-withln-tha-p'evlous_1.2-m..nth..mln~a1e-d-1'''=200'), showl Ptl:lees-~, ,and- r-a eat-boun Electronic copy of all documents In Word format and plans (CDRom or Diskette) ':Iustlflcatloo/.RGltlonGlle_loc. viotions (must be on a separate sheet wIthin the a II-cctlon materrcn;uu NOl mauoe t In mrPl:I(;)-elaeuments ? ~ s-of-0ffidoHnterpretat1t>ns'-and;lor:-t'ionlng-\'er1fll:atlons . ~3 # / 'J. 5 2.'l.. "2'l- "---Ylciu',fu ~ f~ \'s vwt ~y~\ VW Y\OAD/~~d mcuteY f~ ~' ~w Packet Page -513- 4/12/2011 Item 8.B. WALDROP ENGINEERING CML ENGINEERING & lAND DE\IELOPMENT CONSULTANTS October 29,2010 Nancy Gundlach, AlCP, RLA, Principal Planner Growth Management Division Department of Land Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Subject: OIde Cypress PUD - Revised Narrative Letter POO Amendment Application POOA-PL2010-388 Dear Ms. Gundlach: Enclosed for your review is the Application for Public Hearing for aide Cypress PUDA, 538+/- acre project located at the northeast intersection of the aide Cypress Boulevardllmrnokalee Road intersection in Naples, Florida. The purpose of the PUDA Application is to amend the language for the PUD to remove some uses that were previously removed from the PUD master plan. Those uses were removed through the PUD zoning process as a result of environmental permitting. Even tbough the PUD master plan was revised to exclude the uses, the language within the PUD document was never updated. Another purpose of the PUD amendment is to reduce the project density by 158 dwelling units. The 158 units will now be developed as part of the HD Development RPUD. Tbe property within the HD Development RPUD will be added to the aide Cypress DR!. However, the density in tbe aIde Cypress DR! will remain at 1100 urnts. Thus, the amendment to the aide Cypress PUD to reduce the density is necessary. Tbe aIde Cypress PUDIDR! is located in Section 21, Township 48 South, Range 26 East. BACKGROUND: During tbe original zoning application review and permitting, Section 4.05.6 was included that requires 3.9 acres (minimum) of park located within the PUD/DR! Boundary. The 3.9 acre park was proposed to be in two parcels and located in the northeast comer of the DR! and PUD Master Plans submitted with the application. The park uses and locations were approved with the original aide Cypress PUD Ordinance No. 86-75. Thc PUD was revised in 1996 as a result of environmental permitting with other agencies. During the PUD Amendment, the proposed park use, nature trails, jogging trails, and bicycle trail uses along the eastern boundary of the PUD/DRl were excluded and residential development, including the required park acreage, were removed from the PUD and DR! Master Plans to reduce impacts to the environmentally sensitive area. The arca along the eastern boundary was revised in the master plan to be wetlandlpreserve, yet the language in Section 4.05.6 was never revised to exclude the requirement of the park. This application will revise Section 4.05.6 of tbe POO to exclude the park requircmcnt. The application also revises Section 3.02 to make it consistent with the intent of the original revisions to the PUD. 1:\195_01 Vita Tuscana\Word\PUDAs & DR! NOrOOlde Cypress PUDAICCPC Package\Oraft PackagelQlcle Cypres& PUDA Revised Narrative Leller,doc Packet Page -514- 4/12/2011 Item 8.B. THE REQUEST: Specifically, the request is to approve a strike through and underline PUD Amendment removing the requirement of a 3.9 acre (minimum) park, nature trails and reduce the density from 1100 dwelling units to 942 dwelling units within the aide Cypress PUDIDRI. CONCLUSION: In summary, we trust the proposed PUD Amendment will be found consistent with the LDC and GMP. Per the Pre-Application Meeting Notes/Minutes, the following items are enclosed for your review: I. A check (#1510) in the amount of$9,325 for the PUDA Application Fees; 2. Twelve (12) copies of the submittal cover letter detailing why the amendment is necessary; 3. Twelve (12) copies of the completed PUDA Application; 4. Twelve (12) copies of the Pre-Application Meeting NoteslMinutes; 5. Twelve (12) copies of the PUD Conceptual Site Plan (24"x36" and one 8 y," x II" 'copy); 6. Twelve (12) copies of the original PUD Document; 7. Twelve (12) copies of the revised PUD document with changes crossed through and underlined; 8. Two (2) copies of the Disclosure oflntcrest Infonnation; 9. Two (2) copies of the Owner Affidavit signed & notarized; 10. Two (2) copies of the Covenant of Unified Control; II. Two (2) copies of the approved Addressing Checklist dated 03/19/10; 12. Three (3) copies of the revised Traffic Impact Statement (TIS); 13. Two (2) copies of an email stating no methodology meeting required for the TIS; 14. One (1) copy of the TIS on CDROM; 15. One (I) copy ofthe current PUD monitoring report; 16. Two (2) copies of an email detailing the fee calculation as determined by Collier County; 17. Two (2) copies of an cmail detailing the Utility Provision Statement and Boundary Survey are not required; 18. Two (2) copies of the entire submittal documents on CDROM. Should you require additional information or have any questions, please feel free to contact my office. Very truly yours, WALDROP ENGINEERING, P.A. Christopher R. Mitchell, P.E. Director of Engineering Enclosures cc: Keith Gelder, Stock Development, w/enclosures Richard Y ovanovich, Coleman, Y ovanovich & Koester, w/enclosures Packet Page -515- www.sunbiz.org - Department of State 4/12/2011 Item 8.B. Home Contact Uo E-Flllng Services Document Seuches Forme Holp Previous on List Next on List Return To List I E~tityName Seerch I 1;,~,y~!JlitU ~ No Name History Detail by Entity Name Florida Limited Partnership OLOE CYPRESS DEVELOPMENT, LTD. Filing Information Document Number A980oo002058 FEI/EIN Number 650867395 Date Filed 09/02/1998 Smte FL Status ACTIVE Last Event. AMENDMENT Event Date Filed 02/2012003 Event Effective Date NONE Principal Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119-8091 Changed 04/1912006 Mailing Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119-a091 Changed 04/1912008 Registered Agent Name & Address GOODLETTE COLEMAN JOHNSON ET AL 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES FL 34103 US Name Changed: 04/19/2008 Address Chenged: 0610212006 General Partner Detail Name & Address Document Number L01 000011007 STOCK DEVELOPMENT, LLC 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 Annual Reports Packet Page -516- www.sunbiz.org - Department of State 4/12/2011 Item 8.B. Report Year Filed Date 2008 04/1912008 2009 04/23/2009 2010 04120/2010 Document Images 04/20/2010 -- ANNUAL REPORTb,,;,.lIi~,W,lm~ge.ln_Eil?Ei:i9!mil.b LA !ML23/2ll09..:~UA!.BEPORT ,[;;",,';Me";'I!II~9Ilii!1lf'.[)fJ2mjak""') -=:-- ...~~, _":-~"";";~"''''~''~''....-'' ~",.',~ 04/1912008 ANNUAL REPORT '[",-i'_il!!!Il!!.;,imaglfijJ;P''1'fi,fOiri\.'l.b. .'_ .,1 n. 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Home Contact Ue E.FlIIng Services Previous on List Next on List Return To List ~ No Name History Document Searches Forme Help I EntityN_a~e Search I li$~bl)l1ld _...,,'....__...."""~..'~.~~"'..,'_...-..-...,.....__~_......_....~_,~....,._,.-....~...'~~..,..w,....,~.~"'~~,_......._~,_.~..~~..".....-...~__~,....,,""'.._..,'_....._~..,.._~_",.__"...-,~__ .___,_........~.....~.,~., Detail by Entity Name Florida Limited Liability Company STOCK DEVELOPMENT. LLC Filing Information Document Number L01000011007 FEI/EIN Number 593740488 Date Flied 0710912001 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 1012712004 Event Effective Date NONE Principal Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119 Changed 01115/2008 Mailing Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119 Changed 01/1512008 Registered Agent Name & Address GOODLETTE COLEMAN JOHNSON YOVANOVICH ET AL 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES FL 341 03 US Name Changed: 0111512008 Address Changed: 0411912006 ManagerlMember Detail Name & Address Tille MGR STOCK, BRIAN K 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 TitleVP Packet Page -518- www.sunbiz.org - Department of State 4/12/2011 Item 8.B. IMfG, BOB 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 nleVP KOCSES, CHAD 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 Annual Reports Report Year Flied Date 2008 04/30/2008 2009 04/2312009 2010 04/2012010 Document Images 04/2012010 ANNUAL REPORT I, . '{' 1!J.mffiF' t< J ";"" !,I!'.\1l\l!l!!!g.~; D' 'ili.,Q.I;JXl,~. "..:.:;.) o..4l23W~::A.IljM!.1Al.REP...QBI b,.,;<..;Y.i~.Wli~9i!jo;!!~J!iii.illil"., ..1 04/3012008 ANNljAL REPORT ![.i:,),i:!,:,iY.)~~Il1!1g~:!jjiEliUR1fW!lij!.,.,.:,;,.] l!1illlZQ()JL,:,_A!:LIIjj,!&R~ORI i[ ,"~~ilit@ilrn)R~!liii:IDak i'l : '~'i,~.~...l..." '.'..," - ,- .-,. 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Packet Page -519- 4/12/2011 Item 8.8. O/de (ypress DRI Transportation Summary Existing Unit Mix PM Peak Total Iwe !lnits. Hour Trips Trips SF 296 1.0 296 MF 804 0.5 402 Total 1100 698 Proposed Unit Mix PM Peak Total Iwe Units Hour Trips Trips SF 491 1.0 491 MF 609 0.5 305 Total 1100 796 12.26%1 % Change in Total Trips Packet Page -520- 4/12/2011 Item 8.B. Olde (ypress DRI / PUD Unit Summary Last Updated: 3/15/2010 Subdivision Type Total Lots Built to Date % Strada Bella SF 18 17 94% Santorini SF 55 55 100% Terramar SF 55 55 100% Egret Cove SF 18 18 100% Ibis Landing SF 55 55 100% Santa Rosa SF 27 27 100% Biscayne Place SF 8 8 100% Woods edge SF 130 125 96% Total SF Units 366 360 98% Subdivision ~ Total Units Built to Date % Fairway Preserve MF 264 264 100% Amberton MF 312 132 42% Total MF Units 576 396 69% Packet Page -521- Olde Cypress DRI Total Proposed Units Total Units Built to Date 1100 756 Olde Cypress PUD MF Units SF Units Un allocated Total Units Existing 576 366 158 1100 Vita Tuscana PUD MF Units SF Units Total Units Existing 33 71 104 TotalDRI Units Olde Cypress PUD Vita Tuscana PUD Total Units Existing 1100 o 1100 Packet Page -522- Proposed 33 125 158 Proposed 942 158 1100 % 69% 4/12/2011 Item 8.B. 4/12/2011 Item 8.8. Exhibit 3 12Cl HMt.. PreoeMngond enIUJ1><:/ng-"ouaI/IyolliftlSinal ,_ 11OLE. MONTB . ASSOCIATES, INC. SNGlNE5RS PI..AHNERS SURVEYORS HMA PROJECT #1997078 REF. DWGS. .M026 UM091 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOtJ1'H, RANGE 25 EAST, COLUER COUNTY, FLORIDA, LESS THE SOtJ1'H 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, Ell2-SW1/4-NW1f4, W112-SEll4-NW1I4, W112-SE114-SE1/4, W112.W1I2-SWll4-SE1/4, SE114-SW114, E112-W112-SW1/4-SW1/4, E112-5W1/4-SW1/4. AND THE SW 114 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 114 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBUC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 114 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIOA, SUBJECT TO AN EASEMENT FOR PUBUC ROAD RIGHT-OF-WAY.oVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS_ HOLE. MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 B; I~--JQ THOMAS J. GARRIS P.LS. # 3741 STATE OF FlORIDA EXHIBIT "B" ~ '011O ASERNAt'HY S'n:tEET BONlTI. SP'ftINGS, PI..OmQr,I, 34135 ""-8&1:2..01115 FAX e4..~..zut Packet Page -523- J , I I I I I I I I I 4/12/2011 Item 8.8. 12Cl tIM~ ~ana.nIlonangFlonde~_lftytll,",,_'96l1 HllLI!. MONTES . ASSOCIATES, INC. ENGINEERS PlANNERS SUR'VEYOAS HMAPROJECT# 1998060 REF. DWG. A-1170 11/17/99 LEGAL DESCRIPTION: THE EAST HALF OF THE wesT HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWeST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLUER COUNTY, FLORIDA. LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTlACATE OF AUTHORIZATION LB #1772 BY ~~UR~~ ~A~E~~~ORIDA - -.... 1as5Qlo8ERNAlHV!nRUiT BONITA SPRINGS. FLQAlDA34t35 941-9U-0105 FAX INt..aoa..2327 . ... '. _. ~ - "- Packet Page -524- 4/12/2011 Item 8.B. OLDE CYPRESS PUDA VITA TUSCANA LEGAL DESCRIPTION Property Description: The east 165 feet of the east Y, of the east Y, of the southwest 14 of the southwest 14, section 21, township 48 south, range 26 east, Collier County, Florida, less the south 100 feet thereoffor road and canal right-of-way. And The west 165 feet of the east Y, of the east Y, of the southwest 14 of the southwest 14, section 21, township 48 south, range 26 east, Collier County, Florida, less the south 100 feet thereoffor road and canal right-of-way And The west Y, of the east Y, ofthe southwest 14 of the southwest 14 of section 21, township 48 south, range 26 east, Collier County, Florida, less and except the south 100 feet thereof for road and canal right-of way. And The west Y, of the southeast 14 of the southwest 14 of section 21, township 48 south, range 26 east, less the south 100 feet thereof, lying and being in Collier County, Florida; Together with The west Y, of the west Y, of the southwest 14 of the southeast 14 of section 21, township 48 south, range 26 east, lying and being in Collier County, Florida; subject to a canal easement over the south 100 feet thereof; Together with The east Y, of the southeast 14 of the southwest 14 of section 21, township 48 south, range 26 east, Collier County, Florida; Less and excepting a parcel herein described as commencing at the south 14 corner of section 21, township 48 south, range 26 east, thence run north 00005'10" west for a distance of 100.00 feet to the point of beginning. Thence run north 89059'30" west for a distance of 111.02 feet; Thence run north 57041 '53" east for a distance of 15.82 feet; 1:\195-01 Vita Tuscana\Word\PUDAs & DR! NOpaOlde Cypress PUDA\CCPC Package\Draft Package\Olde Cypress PUDA Vita Tuscana Legal Description.doc Packet Page -525- 4/12/2011 Item 8.B. Thence run north 43011'04" east for a distance of39.61 feet; Thence run north 69014'31" east for a distance 01'37.47 feet; Thence run north 51013'31" east for a distance of 49.97 feet; Thence run north 48050'11" east for a distance of62.74 feet; Thence run north 4[017'38" east for a distance 01'33.11 feet; Thence run north 55019'31" east for a distance of 36.02 feet; Thence run north 59040'49" east for a distance of 24.42 feet; Thence run north 81002'13" east for a distance of30.89 feet; Thence run north 85019'57" east for a distance of 31.15 feet; Thence run north 80056'51" east for a distance of 45.57 feet; Thence run north 79018'39" east for a distance of 61.22 feet; Thence run north 66015'46" east for a distance of 43.56 feet; Thence run south 00004'57" east for a distance of 224.51 feet; Thence run north 89058'07" west for a distance of 330.17 feet; To the point of beginning. Also being further described as follows: A parcel or tract ofland situated in the state of Florida, County of Collier, lying in section 21, township 48 south, range 26 east and being furthcr bounded and described as follows: Commencing at southwest comer of the southwest quarter of section 21, township 48 south, range 26 east, thence n.00059'51 "w. along the west line of the southwest quarter of said section for 100.00 feet to the northerly right-ofline of a 100 feet wide drainage canal as described in deed book 43, page 251 of the public records of Collier County, Florida; thence n.89008'23"e. along said northerly right-of way for 330.14 feet to the southeast comer of tract 13 of aIde Cypress, unit one, a subdivision recorded in plat book 32 at pages I through 11, inclusive, of the public records of Collier County, Florida; thence continue n.89008'23"e. along said northerly right-of-way line for 330.14 feet to an interscction with the west line of the west half of the east half of the southwest quarter of the southwest quarter of said section 21 and to the point of beginning; thence n.00059'15"w. along the west line of said fraction for 1230.24 feet to the northwest comer of said fi'action and to the southerly line of the aforesaid 01de Cypress, unit one subdivision; thence n.89007'34"e. along the southerly line of said subdivision for 1981.51 feet; thence n.89008'07"e. along the southerly line of said subdivision for 330.24 feet to the northeast comer of the west half of the west half of the southwest quarter of the southeast quarter of said section 21; thence s.00057'12"e. along the east line of said fraction and along said subdivision line for 1 006.32 feet to the northerly line of a parcel of land described in official records book 3579 at page 3894 of said public records; thence along the northerly line of said parcel the following thirteen (13) courses: (I) thence s.65023'20"w. for 43.57 feet; (2) thence s.78026'13"w. for 61.22 feet; (3) thence s.80004'25 "w. for 45.57 feet; (4) thence s.84027'31 "w. for 31.15 feet; (5) thence s.80009'47"w. for 30.89 feet; (6) thence s.58048'23"w. for 24.42 feet; (7) thence s.54027'05"w. for 36.02 feet; (8) thence s.40025'12''w. for 33.11 feet; (9) thence s.47057'45"w. for 62.74 feet; (10) thence s.50021'05"w. for 49.97 feet; (11) thence s.68022'05"w. for 37.47 feet; (12) thence s.42018'38"w. for 39.61 feet; (13) thence s.56049'27"w. for 15.80 feet to the aforesaid northerly right-of-way line of a 100 feet wide drainage canal; thence s.89008'23 "w. along said northerly right-of-way line for 1869.86 feet to the point of beginning. 1:\195-01 Vita Tuscana\Word\PUDAs & DRI NOpaOlde Cypress PUDA\CCPC Package\Draft Package\Olde Cypress PUDA Vita Tuscana Legal Description.doc Packet Page -526- ~ . ~ ;, " 'C OLJ>K:~RE~~D:m: l\'Ql!!I~iIWMSImS ~. 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" i=t~~:;.EE~~ ",..,~,., 1 ~~.'--./ ,~~~~~ 'f;,"'-":",,', '_,71'",' :-;.,':'~"..>"'--\~.-':~;., '-' "7i~~5ff"-"i'; ."-G~1~8.., ,.... ..~"'_ . /P , _ ';,>mlIlB ~. '" :(f]9.7l!.A:-::; ';;pRESBRi.~'. "'1 j ;'~1M8MDS;J;t3'~: ., :;79f$'~_' ~u_~, ,.c',. ::"'3:ii8!16~1I9~ ",,:,:"t98$i.-,:;:.' ~~OIit,c"':~...::t I, c ,co" '..' ,,"" '":.:~..- '"^;"C:,' __'; l1,-". __.-- "'.' ":~.: '-,. . . . " Packet Page -540- 4/12/2011 Item 8.B. -~, lb.>, <...'".., .",., -..."'" , ,~ .., Packet Page -541- 4/12/2011 Item 8.B. , Packet Page -542- 4/12/2011 Item 8.B. Packet Page -543- 4/12/2011 Item 8.B. ., eoll'J.: CoU.l1ty -~--- 4/12/2011Item8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW . WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 Applicant Name: C)A,\A( \1\\ v~l\ PL# 2(210 - 3~ e . Date: '3' '2~1.Q TIme: ~Firm' Project Name: Size of Project Site: acres Owner Name, Olde Gfp,.c.ss l}(',vdovw1\-\- , I :It) Phone: Owner Address, 2~ll1 "Vr(t..~IW,"\ Gl1',le, Si,tc 110\ City ~1,:S Stale fZ. Existing PUD Name and Number ~.. . Phone, --1OG-1l1 J Assigned Planner ~ Meeling AHendees: (allach Sign-In sheet) ";le'!\2.b..j\J ~ rA-rt.e 'L 'tf/c.NA)'Nf, - SUJ;MIT Or.- -.fur ~II"'I\.J ~~ ~ V/!/;t:, ./€::.L.O G/!.1( (C:) ZllGIIi;. 4"""..1> -b SFiZ.., ~l.$1'1' rr... VJf!JZ&Vr ~. ~~ ,r:w- a~1YI..t/\.J- ~I,-u. '" Pt.."......J IA.~.). I'D o-tL,,,,,,,-,,,,~ -:- pru....,u. Sh-.I:.t.-hvl<.. r ~.o"f'--.u..-v t:J.o~".."-'.n.f . c:>t=- T /.I-e; ... 'S,fk b t=l2-&.M ~IZ.:> ~ flID MDM7ee.., "",& ._c.'ll f\bDRc;s~ t\,\ ~ - t:\ I A Packet Page -544- 'II .ti ,,'" ~ 'I"'IV,','" -"'-" , . ,'. ..... S ~ I ,:'J j ~<L ~ Q~ .!: ~ ~ ~ J %- 5 Q.. ';) <!) '<t >-5 u co -...) ~ ; ~ C Z M ~6 ~ ~ \11 ~ ~ Z N <t .. .... Ql Do .Q o E w :l Z Z <!) Ql Vi C .tI) 0 <t t ~ I~ , -. . . . ! .", ~ ~ Z ~ ~ ~ 'S: GI ~ - C Ql E Q. .2 cD > Ql - Q cD c: ] >- .3 0 0/$ 0) c '2 o N - o 'E Ql E - .. o Q. Ql Q - .- o :E I W u C o C <II <II Ql ... "tl "tl <t w ~ <t Z tI) '11.1 .w.- ....." . ......l 'a'} ~' .... ;:( ~ J. ~ W Il:l ~ :;) z ..... a- o :c c. .... Do W Q -... % Q"'" _ c; tI)~ ~ii: ~ o .. >- 0 .... z ::) d u e '" ~ ~ N ~ !!:1 to i:i " '" -s: i'! u o '0 g ,.:. ti '" '5 c: ::J Cl 1;- c: ~ . Iii w :r; en ~ z (!) ~ c: " E a o Q ] " c: " 9 LL ~ --- ->. I\.) N o - (l) 3 (Xl OJ eotllr County - ~. - 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW. . WWW.COLLIERGOV.NET. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 EDC "Fast Track" must submit approved copy of official opp lication o Affordable Housing "Expedned" must submit copy of signed Certificate of Agreement. "If proleellncludes an Affordable Housing component, you ore required to schedul a meeting before tne Affordable Housing Advisory Committee by contaellng the Collier Count Hausln ond Human Services De artment at 239-252-2273. 2 x IF located in RFMU 'Rural Frlnoe Mixed U~) Recefvina land Areas Applicant must contael Mr. Gerry 1. lacavera, State of Florida Division of Forestry @ 239-690-3500 for Information regarding "Wildfire Mitigation & Prevention Pion", lDC Section 2.03.08.A.2.a.(b)I.c. M If locoted within lh mile of City of Naola!;. send CODY of submittal Do~ka(]e tot Robin Singer, Planning Director City of Noples 295 Riverside Circle, Naples, FL 34102 Fee.: Application Fee: o $10,000 (PUD Rezane) + $25 per ocre (or fraction of thereof) o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) J2il $6,000 (PUD Amendment) + $25 per acre (ar fraction of an aae) i $1 50.00 Fire Code Review / $100 for PUDZ-A $2,250.00 Comprenensive Planning Cansistency Review $500.00 Pre-application fee (Applicallons submitted 9 monfhs or more alter the dale of Ihe lasl pre-app meeting shall not be credited toward. application Fees and a new pre-appllcallon meeling will be required. $925.00 legal Advertising Fee for CCPC meeting $500.00 legal Advertising Fee for BCC meeting (advertising cost, are to be reconciled upon receipt of Invoice from Naples Daify News). o N~ $2500.00 Environmental Impact Statement review fee O..~ $1000.00 Li,led or Protected Specie, survey review fee (wnen an EIS Is not required) ~ Property Owner Notlflcation fees. Property Owner Notifications $/.50 Non-certiHed; $3.00 Certified return receipt mail (to be paid after receipt of Invoice from Dept. of Zoning & Development Review) A ch a Se arate Check for Trans ortation Fees (Refer to Exhibit A), * $ ~F _.~ .. IA,ve2--- 500.00 Methodology Review Fee, f require e",.,t....,.1: 'r..rA-.-, ~ -Additional Fees to be determined at Metnodology Meeting - [8J ~ Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be fOlWarded to the Planner rior to the due date SCHOOL DISTRICT PARKS & REC - Sid Kittila SUPERVISOR OF ELECTIONS City of Naples - Robin Singer DRlEM1 - EMER. MGMT - Jim Von Rinte!n IMMOKALEE WATER/SEWER DISTRICT CDES Coordinator - Route Sheet Only Utilities Engineering - Zamlra Deltoro If. ,~ , Packet Page -546- .."'....... ..LtI .....,..J1d !:'flVl'J- ~9mmy - - - 1-W 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT ADDRESSING IJEPARTM&NT WWW.COLLIERGOV.N~ 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 341U4 (2391 252.2400 FAX (2391 252-6724 , ; l,:' .':"," :,,', I ' ,:1 ~, ',;': , ' ,." ':.;" ':~:, ;" ,A:D.r>,R~S:S!N:~'~~,I;fEC~~I~r::':.': .: . , : , ,<.::- ,,':'. ".' ." >1 " I, Please complete the follOwing tlnd fax to the Acldres81ng Department at 239-25206724 or submit in peraon to the Addlll88lng Oepartmenl lit the above address. Form must be sloned bY Address/no D&ISOn".1 orlot to ote. BDolicatlon meetlno Dlelllle allow 3 davs for Droch.'na. Not all nems will apply to every project. Items in bold type are required. FOLIO NUMBeRS MUST Be PROVIDeD. Forms older than G months will require additional ravlaw and approval by the Addressln9 DePllrtmenl PETITION TYPE (lndlcale lypQ below, complete a stJpara/tt Addf8S$ing Check/1st for each Petition type) B BL (elastin; Permit) 80 (Boat Dock Extension) o CamlvalfCircu& Permit o Cu (Conditional Use) B EX!' (Excavation Permit) I"P (Hnal Plat o LLA (Lot Line AdjUSllnent) o PNO (Project Name Chenge) o PPL (Plans & Plat Review) o PSI" (PreHmlnary SubdivisIon Plat) o PUO ReEone o RZ (Slllndard ~eZone) o SOP (Site Development Plan) o SDPA (SOP Amendment) o 501"1 (Insubstantial Change to SOP) B SIP (Sillllmprovement Plan) SIP! (InsublitanUal Change to SIP) o SNR (Street Name Change) o SNC (Street Name CIlange - Unplatted) o TDFl (Transfer of Development Rights) o VA (Variance) o VRP (Vegeta~on Removal Permit) o VRSFP (Vegetation Removal & Site Fill Permit) I:?:!J OTHER PUD Amendment LEGAL DESCRIPTION of subject property or properties (copy oflengthy ciesonpt/on may be attached) 21 4826 OlOE CYPRESS, :i~)T :;""l,i ~::P&;(.h:~,f-cl"'''b -z. 'Z.. - 4 'ill --z...c.. FOLIO (Property 10) NUM BER(s) of above (attaCh to, or 8.ssociete with, IflQat dellCrlptJon if more than one) 6462500018a _ STReET ADDRESS or ADDRESSES (llS appliOlilbie, if already assigned) . LOCATION MAP mu.t be llttached shOWing exact location of project/aite in relation to neareat publio road rlght- of-way · SURvey (copy . needed only for unplatted propertJes) PROPOSED PROJECT NAME (/fepp/iCtltJte) OlOE CYPRESS PROPOSED STREET NAMES (if apPI~ab/e) SITe DEVeLOPMENT PLAN NUMBER (for existing proje'-fSlSite8 only) SOP Qr AR # PL20 1 0-388 .r .' ;. ..:'" ;'! : ,I, " .. ' , ";~. .i, ~ 1.'-- . ':, Packet Page -547- ~~-vo- ~u ~4;~~ ~HUM- Co~ gounty -- -- T-U 4/12/2011 Item 8.B. COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (231) 252.2400 FAX (239) 252-5724 Pro)ect or Cleveloprnent names plQPcsed for. or already liIppearitlg In. C:Olldcmlnlyrn documenll (if appllceijon; indicate whether prcposed or existing) EXISTING Please Check One: Iil3 Checklist is to be Faxed back D Penlonally Picked Up APPLICANT NAME: CHRIS MITCH!;:!.!.. PHONE -mS-7777 FAX ~O5-7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and Is subject to further review by the Addressing Department FOR STAFF USE ONLY FLNNurnberlPrimary) SoD_ CL\-\o....c...h..e.d ~ --\0\\'0 ~u....",~S . Folio Number Folio Number FOlio Number Approved bY:...flI1.--~.J UPdated by: (Vl 0-{.. Q ~ Date: 03. - /9-10 Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ,,' ~. I . .::! . ,'.,1 .:.'-':'::. >. ..,.i'." ;?/:".';":~:: "1" "'" . ... Packet Page -548- ~ 4- ~ z..5 0000 'Z-.s L,l..\-(p'Z.5 000\ z-.'Z Cu.(..\. lD 'Z.. S. 0 0 C:l ~ ~ ~ t+- to 'l- 5 0 0 <) z... 5 c", (p 4 Col.-So 00 "Z-CbS t.o 4 c.,"Z-S 0003.0 <8 G, 4- G;, -z..- 'S 0 0 0 3. Z-y-- (P4V,z-s 000 ~4-0 (04 c.." 7.-S 000 '3,.Co(;:, ~'-I-(07...5 000 '3> f 9 (p <-\-Co "Z... S>-O 0 '0 3. <% z.. G,L\1o'Z- 5000 4-05 ('p(.\.to"Z.-SO()\QQ3 - (p '-\: lo '2... -:;... 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Packet Page -551- 32382100447 32382100120 32382100405 32382100285 32382100081 32382100023 32382100065 32382100243 32382100162 32382100308 32382100421 32382100104 32382100887 32382100829 32382100560 32382100764 32382100942 32382100706 32382100625 32382100641 32382100803 32382100722 32382100780 32382100502 32382100845 32382100926 32382100861 32382100667 32382100544 32382100528 32382100586 32382100683 32382100968 32382100609 32382100900 32382101284 32382101420 32382101307 32382101080 32382101187 32382100984 32382101064 32382101022 32382101404 32382101145 32382101226 32382101446 32382101323 32382101048 4/12/2011/tem 8.B. 32382101103 32382101129 32382tOI242 32382101381 32382101268 32382101161 32382101200 32382101349 32382101365 32382101006 32382101608 32382101828 32382101585 32382101462 32382101763 32382101501 32382101747 32382101543 32382101909 32382101488 . 32382101705 32382101569 32382101721 32382101844 32382101666 32382101527 32382101789 32382101640 32382101886 32382101802 32382101925 32382101682 32382101860 32382101624 32382104281 32382104168 32382104320 32382104142 32382103868 32382104184 32382104265 32382104045 32382104029 32382103981 32382104003 32382103923 32382103949 32382104100 32382104249 32382104207 32382103965 32382104126 32382104223 32382103907 32382104304 32382104061 32382104087 32382103884 32382102047 32382102283 32382101983 32382102144 32382102021 32382102348 32382102322 32382102089 32382102225 32382102186 32382102160 32382102063 32382102403 32382102241 32382102267 32382102102 32382102005 32382102364 32382102380 32382101941 32382102209 32382103787 32382103648 32382103826 32382103703 32382103509 32382103428 32382103460 32382102500 32382102746 32382102568 32382102827 32382102623 32382102487 32382102429 A 32382102526 32382102542 32382102869 32382102445 32382102801 32382102885 32382102607 32382102788 32382102681 32382102704 32382102665 32382102843 32382102762 32382102584 32382102461 32382102649 32382102720 32382103208 32382103282 32382103004 32382103321 32382103266 32382103046 32382103020 32382102908 32382102924 32382103101 32382103062 32382103240 32382103305 32382103224 32382102940 32382103169 32382103185 32382102982 32382103363 32382103143 32382103127 32382103347 32382102966 32382103088 32382104346 32382104401 32382104540 32382104728 32382104566 32382104689 32382104744 32382104663 32382104443 32382104362 32382104508 32382104786 32382104809 32382104647 32382104427 32382104760 32382104524 32382104621 32382104469 32382104605 32382104702 32382104582 32382104388 32382104485 32382105183 32382105280 32382104867 32382104906 32382105028 32382105060 32382104980 32382104825 32382105125 32382105044 32382105002 32382104883 32382105141 32382105086 32382105206 32382105109 32382104922 32382105248 32382104964 32382105222 32382104948 32382105264 32382105167 32382104841 21990000144 21990000160 21990000186 21990000209 21990000225 21990000241 21990000267 21990000283 21990001949 21990001965 21990001981 21990002003 21990002029 21 nn/v"v")nA r:. Packet Page -552- 21990002061 21990002087 21990002100 21990002126 21990000021 21990000047 21990000063 21990000089 21990000102 21990000128 21990001787 21990001800 21990001826 21990001842 21990001868 21990001884 21990001907 21990001923 21990002142 21990002168 21990002184 21990002207 21990002223 21990002249 21990001622 21990001648 21990001664 21990001680 21990001703 21990001729 21990001745 21990001761 21990002265 21990002281 21990002304 21990002320 21990002346 21990002362 21990002388 21990002401 21990001460 21990001486 21990001509 21990001525 21990001541 21990001567 21990001583 21990001606 21990002427 4/12/2011Item8.B. 21990002443 21990002469 21990002485 21990002508 21990002524 21990001347 21990001363 21990001389 21990001402 21990001428 21990001444 21990001224 21990001240 21990001266 21990001282 21990001305 21990001321 21990002540 21990002566 21990002582 21990002605 21990002621 21990002647 21990001062 21990001088 21990001101 21990001127 21990001143 21990001169 21990001185 21990001208 21990000940 21990000966 21990000982 21990001004 21990001020 21990001046 21990002663 21990002689 21990002702 21990002728 21990002744 21990002760 21990002786 21990002809 21990002825 21990002841 21990000788 21990000801 21990000827 21990000843 21990000869 21990000885 21990000908 21990000924 21990000623 21990000649 21990000665 21990000681 21990000704 21990000720 21990000746 21990000762 21990002867 21990002883 21990002906 21990002922 21990002948 21990002964 21990002980 21990003002 21990003028 21990003044 21990000461 21990000487 21990000500 21990000526 21990000542 21990000568 21990000584 21990000607 21990003060 21990003086 21990003109 21990003125 21990003141 21990003167 21990003183 21990003206 21990003222 21990003248 21990000306 21990000322 21990000348 21990000364 21990000380 21990000403 21990000429 I 21990000445 I 21990003264 21990003280 21990003303 21990003329 21990003345 21990003361 21990003387 21990003400 21990003426 21990003442 21990003468 21990003484 21990003507 21990003523 21990003549 21990003565 21990003581 21990003604 21990003620 21990003646 21990003662 21990003688 21990003701 21990003727 21990003743 21990003769 21990003785 21990003808 21990003824 21990003840 21990003866 21990003882 21990003905 21990003921 21990003947 21990003963 21990003989 21990004001 21990004027 21990004043 21990004069 21990004085 21990004108 21990004124 21990004140 21990004166 21990004182 21990004205 21990004221 21990004247 21990004263 21990004289 21990004302 21990004328 21990004344 21990004360 21990004386 21990004409 21990004425 21990004441 21990004467 21990004483 21990004506 21990004522 21990004548 21990004564 21990004580 21990004603 21990004629 21990004645 21990004661 21990004687 21990004700 21990004726 21990004742 21990004768 21990004784 21990004807 21990004823 21990004849 21990004865 21990004881 21990004904 21990004920 21990004946 21990004962 21990004988 21990005000 21990005026 21990005042 21990005068 21!:l9nn05084 -= Packet Page -553- 21990005107 21990005123 21990005149 21990005165 21990005181 21990005204 21990005220 21990005246 21990005262 21990005288 21990005301 21990005327 21990005343 21990005369 21990005385 21990005408 21990005424 21990005440 21990005466 21990005482 21990005505 21990005521 21990005547 21990005563 21990005589 21990005602 21990005628 21990005644 21990005660 21990005686 21990005709 21990005725 21990005741 21990005767 21990005783 21990005806 21990005822 21990005848 21990005864 21990005880 21990005903 21990005929 21990005945 21990005961 21990005987 21990006009 4/12/2011 Item 8.8. 21990006025 21990006041 21990006067 21990006083 21990006106 21990006122 21990006148 21990006164 21990006180 21990006203 21990006229 21990006245 e i . A I ~ I I~I~ bji I ~ I A · · --Il ~ gl:~.dl h i , ~~B~~.A .! ~ I ; IN~ 1:~llh I I I ~ ~.Iie !~~ ~ i I I I:g.! ud ~~8 ~ ['Tl ..noo I I ~ <i . <;:J " , ,"-". ,.._.1 W~ r 7 .M OH. QIIO 1 i I , I II I I I" II , , I"~ I , , :1 ., ,- ~I " '\ 1~1;li " " - , : ......\ ~ ~l i~~ !~';I ~ -1",11 : II II I .'1 I , , , I ili I . ~ . . I i:; I ~ :3 .. r ~, ~ III; :I, iii z c oJ co. 0: ' I-w ial- - -., Xc ~:& Q " o. i , s ! .. i. I i . j Ii. ZL I i: ~ .. I; Iii ~~ ' ~~ I .t>. - ...... I\) N o ...... ...... ! - Oltllp.nD"~POI ~ OICI'lO""Y' 1l0000.l "IOl """'_100lI/WllI96~IlolII-~OI~U\'5'1\," ;::;: <D 3 co OJ 4/12/2011 Item 8.B. ORDINANCE NO. 2000.22- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLlBR COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8621N, 8621S AND 8622S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLD CYPRESS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R.- 846),1.3 MILES EAST OF 1-75, IN SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORlDA, CONSISTING OF 538.I:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-92, TIlE FORMER OLDE CYPRESS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP of Hole Montes & Associates, representi~~ld~ypress Development Corporation. petitioned the Board of County Commissioners to eh4iig~ ~ zo~ r_:;-,Ij ('..,) _ classification of the herein described roal property. gi~~ 0 1 NOW THEREFORE BE IT ORDAINED BY THE BOARD ~(i: eh m 9,'~: \f! ue' ~ '. COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: ~~ :::; SECTION ONE: The Zoning Classification of the herein described real property located in Sectiona 21 and 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "POO" PI8lUled Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 8621N, 8621S and 8622S, as described in Ordinance Number 91.102, the Collier County Land Development Code, arc hereby amended accordingly. SECTION TWO: Ordinance Number 99-92, known as the Olde Cypress poo' adopted on December 14, 1999 by the Board of CoWlty Commissioners of Collier COWlty, is hereby repealad in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- Packet Page -555- PASSED AND DULY ADOPTED by tho Boan! of County Commissioners of Collier County, Florida, thi~ay of ~ar- .2000. .,.<~h~f;:{;;:.' '., ,t;~~$JW .E.;}.l~OCK, CLERK ~. ~~i'y.:. : ':;:~~it; \ ';'."':-1f:~~i~'W~ ,1&(2 Atte~t:~s to ChalnDan's sIgnature ORb. Approved as fa Fonn and Legal Sufficiency 4/12/2011 Item 8.B. BOARD OF COUNTY COMMISSIONERS COLLIER COUN A BY: TIM ml1~'d;n, /1r;~ Matiori . Student > Assistant County Attorney G1HlTlinlPUo.99_IB(I)lRNltt -2- Packet Page -556- Thll ordInance filed with the S rete"" of ~:;: Office the ~ ., ~.- ~d~of ,~ ond oeknowl~ement of that f11lng received this ~ day f~"4/ ~~ o 'B ~~b~~. (1--/ Y r 0lIPuIV 4/12/2011 Item 8.B. OLDE CYPRESS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibi t A PREPARED BY: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 December 28, 1999 HMA File No. 1998152 DATE ISSUED: ( DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: ~.z.4J"() ORDINANCE NUMBER: ;2i!JoO-.J1 W:\'"I\'",'I2'dN"UD..I~\PE~f:Ol!C'P\IDiloS.ZlOO.dlMl Packet Page -557- 4/12/2011 Item 8.B. TABLE OF CONTENTS SECTION I, Statement of Compliance SECTION II. property Ownership & General Description 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description SECTION III. Project Development . 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands 3.04 General Land Development Regulations SECTION IV, Land Use and Regulation 4 ..0 1 Purpose 4.02 Project Plan & Land Use Tracts 4.03 Project Density 4.04 Sequence and Scheduling 4.05 Recreational Facilities and Schedule 4.06 Native Vegetation Retention 4.07 Common Area Maintenance SECTION V. Golf Course 5. 01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII. Residential 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description 7.04 Permitted Uses and Structures 7.05 Development Standards 8.01 Signs as Permitted SECTION VIII. Community Shopping & Business Office Center B.Ol Purpose 8.02 Permitted Uses & Structures B.03 Minimum Yard Requirements 8.04 Building Separation B.05 Minimum Floor Area of Principal Structures 8.06 Maximum Height W;'r1."\tIlt1~.~CPUO'mI~f4IOI"~WOllO.dDc PAGE I-I !I-I III-I IV-l V-I VI-l VII -1 VIII-I Packet Page -558- 4/12/2011 Item 8.B. PAGE 8.07 Minimum Off-Street Parking & Off-Street Loading Requirements 8.08 Minimum Landscaping Requirements 8.09 Signage 8.10 Site Development Plans 8.11 Development Intensity B.12 Architectural and Site Design Standards B.13 Standards for Personal Self Storage Centers VIII-3 SECTION IX, General Development Commitments 9.01 Purpose 9.02 PUD Master Development Plan 9.03 Clearing, Grading, Earth Work & Site Drainage 9.04 Utilities 9.05 Solid Waste Disposal 9.06 Recreational Facilities 9.07 Traffic Improvements 9.08 Streets 9.09 Exceptions to County Subdivision Regulations 9.10 Polling places . 9.11 Environmental Stipulations 9.12 Water Management Stipulations 9.13 Fire Station 9.14 Archeological Resources IX-l EXHIBITS A. PUD Master plan B. Property Description C. Roadway Sections D. Entry Monument W;\11h\1.~I~\D~~ECV'\W2.&-lOOO.dDl) --- --,,------- -~-_. Packet Page -559- 4/12/2011 Item 8.B. SECTION I ,. STATEMENT OF COMPLIANCE This development of approximately 538.1 acres of property in Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as OLDE CYPRESS will comply with the planning and development objectives of Collier County as set forth in the Collier County Comprehensive Plan. The residential and commercial aspects of the development, together with associated recreational facilities, will be consistent with the growth policies and land development regulations of the Comprehensive Plan, Future Land Use Element and other applicable documents for the following reasons: 1. Project development will be compatible with and complimentary to the surrounding land uses. 2. The Project shall comply with the applicable zoning and other regulations. :3. The project 'shall utilize' natural systems for water management, such as existing drainage areas and environmentally sensitive areas in accordance with their natural functions and capabilities. 4. The development areas are being well separated from the environmentally sensitive areas and the value and functions of the environmentally sensitive areas will not be unduly or adversely affected by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of 2.1 residential dwelling units per acre for OLOE CYPRESS, therefore, is consistent with the Collier County Growth Management Plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective :3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the county resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and :3.1L of the Future Land Use Element. 8. The project contains land uses and densities which make SECTION I PAGE 1 Packet Page -560- 4/12/2011 Item 8.B. it compatible wich and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. 9. The inclusion of personal storage facilities in the commercial component of the project may be found consistent with Policy 5.1 of the Future Land Element of the Collier County Growth Management Plan because this use will result in a reduction in development intensity. 10. The inclusion of 28.68 acres into the OLDE CYPRESS PUD along the eastern edge of the project as part of the 1999 Notice of Change to the DRI with no increases in the number of residential dwelling units may be found consistent with the Collier County Growth Management Plan because the proposed density of 2.1 dwelling units per acre is consistent with the Density Rating System of the Future Land Use Element which permits up to four (4) dwelling units per acre in the Mixed Use Urban Residential Area in which the subject property is located. 11. A 2.1 acre preserve area is incorporated onto the PUD Master Plan, along the eastern edge of the project, to preserve archaeological artifacts pursuant to the requirements of Section 2.2.25.8.1 of the LDC. 12. The inclusion of 9.3 acres into Olde Cypress for additional area for a golf course driving range to serve the needs of project residents and increasing the area available for residential development from 152.5 acres to 154.1 acres with no increase in residential density may be found to be consistent with Collier County Growth Management Plan. SECTION I PAGE 2 Packet Page -561- 4/12/2011 Item 8.B. SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner to establish and develop a Planned Unit Development on approximately 538.1 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of 1-75. It is the pUrpose of this document to provide the required detail and data concerning the development of the property. 2 . 02 NAME The development shall be known as OLDE CYPRESS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B". 2 . 04 TITLE TO PROPERTY The property is owned by the Olde Cypress Development LTD, a Florida Limited Partnership. 2.05 GENERAL DESCRIPTION OLDE CYPRESS is a Development of Regional Impact, consisting of 538.1 acres, located on the north side of Immokalee Road (CR 846), immediately east of Longshore Lakes POD and approximately one mile west of CR 951. The project consists of a mix of residential uses, limited commercial uses, an eighteen (18) hole golf course, and substantial areas of open space and preservation areas. SECTION II PAGE 1 Packet Page -562- 4/12/2011 Item 8.B. SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally project plan of the development and delineate conditions that will apply to the entire project. describe the the general 3.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and cDuntry club, commercial, water recreatiDnal facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS The applicant recDgn~zes the importance of the wetland areas. The applicant alsD recDgn~zes the importance of setting aside and not develDping those areas and Dther areas, which are envirDnmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques tD integrate the needs Df the future residents Df the community and the public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample Dpen space and other amenity areas to the residents. 3.04 General Land DevelDpment Regulations The following are general provisiDns applicable to the Pun Master Plan: A. Regulations fDr development Df the OLDE CYPRESS Pun shall be in accordance with the contents Df this document, the pun-Planned Unit Development District and other applicable sectiDns and parts of the Collier County Land Development Code (LDC) and GrDwth Management Plan in effect at the time of issuance of any development Drder to which said regulatiDns relate which authDrizes the construction of improvements. The DevelDper, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any Dther conditions or modifications as may be agreed to in the rezoning of the property. In addition, any succeSSDr in title or assignee is subject tD the cDmmitments within this agreement. SECTION III PAGE 1 Packet Page -563- 4/12/2011 Item 8.B. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the OLDE CYPRESS PUD shall become part of the regulations which govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15, Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions'of those regulations not otherwise provided for in this PUD remain in full force and effect. SECTION III PAGE 2 Packet Page -564- 4/12/2011 Item 8.B. SECTJ:ON J:V LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS ' The project plan, including street layout and land use, is illustrated in Exhibit "A", "PUD Master Plan". Included is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. 4 . 03 PROJECl' DENSITY The total acreage of OLDE CYPRESS is approximately 538.1 acres. The maximum number of dwelling units to be built on the total acreage is 1100. The number of dwelling units per gross acre is approximately 2.1. The density on individual parcels of land throughout the proj ect will vary according to the type of housing employed on each parcel of land. 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build-out will take approximately seventeen to twenty years. The estimate may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2. Swimming pool; SECTION IV PAGE 1 Packet Page -565- 4/12/2011 Item S.B. 3. Bicycle 'paths and sidewalks; 4. Nature trails; 5. Passive recreational uses of wetlands and areas (Preservation 176.2 acres minimum); where environmental permits; and transitional allowed- by 6. Parks (3.9 acres minimum). 4.06 NATIVE VEGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 176.2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "A" of the general plan of development for OLDE CYPRESS. 4.07 COMMON AREA MAINTENANCE Common area maintenance, incluaing maintenance facilities, open spaces, preservation areas, and management facilities shall be the responsibility of Owners' Association. of common the water a Property TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 Units ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.'* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE LAKE/PRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 154.0.7 12.5 169.4 2.i 176.2 Acres Acres Acres Acres Acres *See also Section 8.13 of this Ordinance. SECTION IV PAGE 2 Packet Page -566- 4/12/2011 Item 8.B. SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "A", "Development Plan", as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and Cou~try club 3. Water Management Facilities 4. Guest Suites B. Permitted Accessory Uses and Structures 1. Pro-shop, customary accessory uses facilities. practice driving range, and other of golf courses or other recreational 2. shops, golf similar uses country club Small commercial establishments, including gift equipment sales, restaurants, cocktail lounges, and intended to exclusively serve patrons of the golf and or other permitted recreational facilities. 3. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. SECTION V PAGE 1 Packet Page -567- 4/12/2011 Item 8.B. C. General Requirements 1. Overall site design shall be of landscaping, enclosure of structures, streets and parking areas and location and areas. harmonious in terms location of access treatment of buffer 2. Buildings shall be set back a ml.nJ.mum of fifty (50) feet from abutting residential districts and twenty-five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference. a. Maximum Height Fifty (50) feet clbove the finished grade of the lot. b. Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. c. Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code. d. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. 4. Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the aLOE CYPRESS PUD which is eleven hundred (1100) units. SECTION V PAGE 2 Packet Page -568- 4/12/2011 Item 8.B. b.: The m~n~mum unit size shall be six hundred (600) square feet. c. The Guest Suites may be detached from the Club available for only residents attached to or House and are or their guests. The maximum height shall be thirty-five feet if detached from the Club House, fifty (50) feet if contained within the House. d. SECTION V PAGE 3 (35) and club Packet Page -569- 4/12/2011 Item 8.B. SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit 'A'. 6.02 FUNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a groundwater recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents. 6.03 TREATMENT USE The treatment of these areas shiHI be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another Objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Development Services. Director for maintenance I limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, and others in accordance with environmental permits and Division 3.9 of the Land Development Code will be required. A maintained water management system that meets the requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and/or updated for further details.] SECTION VI PAGE 1 Packet Page -570- 4/12/2011 Item 8.B. The final desi~n and location of roadways and water management berms cross~ng environmentally sensitive areas shall be approved by the county Engineer, Development Services Director, other appropriate County departments, and other governmental permitting agencies. 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Limited access roads. 2. boardwalks. Nature trails and pedestrian and golf cart 3. Paths and bridges to provide access from the uplands through the area. 4. Water management facilities. 5. Other facilities for recreation, conservation and preservation when approved by the Development Services Director. 6.05 REGULATIONS A. General 1. All development including clearing, grading and/or other earth work shall be in accordance with the commitments in Section IX of this document and approved by the Development Services Department. 2. All structures or other development shall subj ect to receipt of necessary permits and authorizations applicable County, State and Federal Governmental agencies. be from SEctION VI PAGE 2 Packet Page -571- 4/12/2011 Item 8.B. SECTION VII ,~. RESIDENTIAL LAND USE DISTRICT :~ 7.01 PURPOSE . . The purpose of this Section is to identify permitted uses and development standards for ,areas within OLOE CYPRESS designated on EXh,ibit "An, the PUD Master Plan, as "R". 7.02 MAXIMUM DWELLING UNITS A maximum number of 1,100 residential dwelling units may be constructed on lands designated "R". 7.03 GENERAL DESCRIPTION Areas designated as "R" on the pu~ Master Plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all .development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Di vision 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 7.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land .used, in whole or part, for other than the following: A. Permitted Principal Uses & Structures: 1. Single family detached dwellings. 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit types with marketing descriptions of single family attached, duplex, patio, cluster attached, cluster detached, villa attached or detached, townhouses and zero lot lines are permitted. 3. Water management facilities. SECTION VII PAGE 1 Packet Page -572- 4/12/2011 Item 8.B. 4. facilities. Parks, open spaces and other recreational outdoor 5. Multi~Family Dwellings including Garden Apartments. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. with promotion years from the Model homes and model dwelling units in conjunction of the development for a period not to exceed three initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5. Development requested. Signs as permitted by the Collier County Land Code in effect at the time a building permit is 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 7.05 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Development standards for uses not specifically set forth in Table II shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. D. In the case of residential structures with a common architectural theme, required property development regulations may SECTION VII PAGE 2 Packet Page -573- 4/12/2011 Item 8.8. be reduced, provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. E. No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. F. Single Family zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II. Zero lot line dwellings shall he defined as any type of detached or attached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code ArtiCle 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. G. Principal use structures which are identified herein shall have a minimum of two parking spaces per dwelling unit. The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. H. Landscaping shall be provided as required by Section 2.4 of the Collier County Land Development Code in effect at the time a building permit is requested. I. A landscaped buffer shall be provided along any tract boundary adjacent to the OLDE CYPRESS project boundary including those adjacent to the roadway along the east and west project boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a preservation area exists or where the golf course exists. The design of the buffer shall meet the standards of Section 2.4.7 of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. J. Differing housing types on the same tract must be compatible, unless the following standards are adhered to: 1. The differing housing separated into discrete areas, such amenities or water management areas; or types are as separation physically by common 2. Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. SECTION VII PAGE 3 Packet Page -574- 4/12/2011 Item 8.B. TABLE I:I DEVELOPMENT STANDARDS FOR RESrDENTJ:AL AREAS . PERMITTED: "";'v,,,,':: 'SINGLE,':'!"",' ZERO'LOT' ,TWO:" " S INC3L.E,~">;> 'I, MULTI~ , ,'" "'~l~1 " ,'. -.' -' ':t'. -',":'. .~J~~!~;;~\~; FAMILY!,&:," 'FAMILY,: <'ih;: 'FAMILY. . ;~: : '(' ,.,.,:;' 'i FAMILY~'~', ,g~~e',i;.~ >~#"-" , JjETAcHEI);', :DUPLEX" ~"" ATTACHED lit); 'DWELLING !.~~IB~:';i~~i% '<.;:"'~}>: :-.- ':;'.>.'::," .~ ~,'.~.-':;.~:: - . - '.- .A:Nb.,:.-..k..,..... ';,~:;,: )ii'" " " ... . '),','" " ,~12~OqSP!>;:';;; ',,' " ;.:~ ,'~': " .~',' . ""," ,'. '; " " , '" Minimum Lot 6, 000 5, 000 3, 500 3, 000' S. F. 1 AC Areas S. F. S .F. S.F. (1) oer duo M~nimum Lot 60 45 35 30 150 Width I'l Front Yard 25 " 20'" 20'" 20 25 Setback Side Yard'" 5 .., 0 or 0 or 5 0 or 5 BH 0 or .5 Setback 10 BH Rear Yard 20 10 20 20 25 Setback Principal . Rear Yard 10 5 10 10 10 Accessoryl" Maximum 35 35 35 35 451'" Building Height Distance liI'.A. N.A. N.A. 10 5 BH Between Structures Floor Area 1200 1200 1200 1000 750 Min. (SF) RH = Rllilrlinll" H1'>ight 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum of seven thousand (7,000) square feet. 2. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses. 4. Where the zero (O) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (OJ foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. SECTION VII PAGE 4 Packet Page -575- 4/12/2011 Item 8.B. 5. Singly family dwellings which provide for two (2) parking spaces within an enclosed side-entry garage and provide for guest parking other than private driveways may reduce front yard requirements to ten (10) feet. for the garage and twenty (20) feet for the remaining structures. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the eaves and the ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade, with the exception of the entry monument depicted in Exhibit D, which may be developed in accordance with the elevations provided. 7. Four habi table floors above parking. A maximum of seven habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking, and the 28.68 acres located along the eastern edge of the project in Section 22 and the subject of the 1999 Notice of Change to the DRI is permitted a maximum height of three (3) stories or thirty-five (35) feet. 8. The project entrance signage, which includes architectural enhancements, shall be permitted along the near eastern extremity of OLDE CYPRESS as depicted on Exhibit D on lands under common ownership by the developer. SECTION VIr PAGE 5 Packet Page -576- 4/12/2011 Item 8.B. SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" Development Plan as Community Shopping and Business Office Center ("C"). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses 1. All commercial uses permitted by right in the C-3, Commercial Intermediate District of Section 2.2.14 of the Land Development Code in effect as of the date of this PUD District is approved by the Board of County Commissioners, including a personal self- storage center groups (4225). 2. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director finds compatible within the District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures associated with the uses permitted in this District. customarily 2. Temporary sales/information facilities may be permitted at the Director's discretion. 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. 8.04 BUILDING SEPARATION All buildings shall be separated 20 feet or one-half of their heights, whichever is greater, except in the clustered buildings with a common architectural theme. distances may be less, provided that a site development approved by the Development Services Director. the sum case of These plan is SECTION VIII PAGE 1 Packet Page -577- 4/12/2011 Item 8.B. 8.05 MINIMUM FLOO~ AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free-standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when Site Development Plan approval has been received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAPING REQUIREMENTS As required by Section 2.4 of the Land Development Code of Collier County. 8.09 SIGNAGE Signs as permitted by Section 2.5 of the Collier County Land Development Code in effect at the time a permit is requested. 8.10 SITE DEVELOPMENT PLANS As required by Division 3.3 of the'Land Development Code of Collier County. 8.11 DEVELOPMENT INTENSITY The commercial component maximum of 12. 5 acres or one (165,000) S.F. of floor area. Ordinance. ) of the project is limited to a hundred and sixty-five thousand (See also Section 8.13 of this 8.12 ARCHITECTURAL AND SITE DESIGN STANDARDS All development within the commercial area of OLDE CYPRESS as depicted on the POD Master Plan shall be unified for each tract including building designs, landscaping, and signage and shall meet the requirements of Division 2.8 of the Land Development Code. SECTION VIII PAGE 2 Packet Page -578- 4/12/2011 Item 8.B. 8.13 STANDARDS FOR PERSONAL SELF STORAGE CENTERS A. For each acre or fraction thereof that is developed with personal storage facilities in lieu of retail uses, a proportional amount of retail area shall be forfeited. .For example, if six (6) acres of personal storage facilities are developed in lieu of retail uses, seventy-nine thousand two- hundred (79,200) S.F. of retail uses will be deducted from the maximum square footage permitted for the commercial retail area. B. Personal self-storage facilities may operate from 7:00 a.m. and 8:00 p.m. C. Individual businesses within the personal self-storage center are prohibited. D. Open space within the self-storage center shall be thirty (30) percent minimum. E The location of the personal storage facility shall be limited to the west side of the entrance into the commercial tract and shall be located to the rear of commercial uses fronting along Immokalee Road, and south of the Preserve Area located on the OLDE CYPRESS PUD Master Plan. This location will serve to minimize any impacts on adjacent properties. SECTION VIII PAGE 3 Packet Page -579- 4/12/2011 Item 8.B. SECTION IX GENERAL DEVELOPMlCN'l' COMMITMENTS 9.01. PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 POD MASTER DEVELOPMENT PLAN A. The POD Master Plan and the Development Plan illustrate a preliminary development plan. B. The design, criteria and lay-out illustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments shall be executed or granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this POD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Amendments to this Ordinance and POD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time such amendments may be requested. F. OVerall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. G. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan, which may be protected by a guard house or other limited access structure, with the exception of temporary construction roads necessary to construct and build certain facilities on the project. H. The Developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in SECTION IX PAGE 1 Packet Page -580- 4/12/2011 Item B.B. Land Development Code section 3.5.7.3.1. I. 2.7.3.4 Section The OLOE CYPRESS PUD shall be subject to of the LDC, Time Limits for Approved PUD Master 2.7.3.6, thereof Monitoring Requirements. section Plans and 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to harm any such areas or plants. 9.04 UTILITIES A. Water and Sewer 1. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the Developer pursuant'to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. SECTION IX PAGE 2 Packet Page -581- 4/12/2011 Item 8.B. '. 4. It: is anticipated that the County Division will ultimately supply potable water to consumptive demand and/or receive and treat the sewage by this proj ect . . 5. An Agreement shall be entered into between. the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents. for the proposed project, to state that: Utilities meet the generated a) Connection to the County's off-site water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. b) The following water and/or sewer facilities shall be conveyed to the County puI'suant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way' or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or 2) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary. c) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. d) The Developer, his assigns or successors, agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. SECTION IX PAGE 3 Packet Page -582- 4/12/2011 Item 8.B. : B. Th~ project's Owner(s), his assigns or successors, shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner shall be responsible for providing all on- site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized OLOE CYPRESS has first rights to effluent generated by the project. C. Construction and ownership of the water and sewer facilities shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. D. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under conside~ation. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners' association. In addition, any future recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the home owners' association. Every residential unit owner of the development shall become a member of the home owners' association. 9.07 TRAFFIC IMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, Section 9.02-G, states that the roads may be private. The road through the commercial area may possibly be designated public, providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. SECTION IX PAGE 4 Packet Page -583- 4/12/2011 Item 8.B. c. The project shall be provided with three (3) access points to Immokalee Road. d. All access roads/drives shall be limited to the access points shown on the Master Plan. The proposed commercial areas shall not have direct access to Immokalee Road. All drives shall be connected to the access roads built by this project. e. All traffic control devices used, excluding street name signs, shall conform with the Manual for Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). f. If the four-laning of Immokalee Road has not been started, the Developer shall provide an eastbound left turn storage lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. g. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by .the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The Developer shall provide arterial level street lighting at each project entrance at the time of construction. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north-south local road on the western side of the project shall be platted as a public right-of-way and shall be constrained to a two-lane (sixty foot (60') right of way) configuration over the north half of the project. j . Public access will be provided through the commercial tract and to adjacent lands to the west not contained in the Olde Cypress POD. At the time of platting cross easements will be provided to adjacent lands to the west to facilitate access between the properties. (See the POD Master Plan.) 9.08 STREETS The streets within the project may be privately owned and maintained with exception of the North-South road on the Western edge of the project, which shall be a public road. The internal streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment based upon approval of the County Engineer and the Development Services Department. Typical cross-sections are SECTION IX PAGE 5 Packet Page -584- 4/12/2011 Item 8.B. attached as Exhibi't "C". 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, except at entrances. B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street rights-of-way and cross-section for specified private roads shall be as shown on Exhibit "C"; provided that a sidewalk or bikepath be provided on both sides of four-lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3.2.8.4.16: The 1,000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for 100 foot tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. F. Land Development Code, Sections 3.2.8.3.24 and 3.2.8.4.20: The requirement for blank utility casings shall be waived except at entrances, sUbject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that Permanent Reference Monuments be installed in typical water valve cover is waived. H. Right-of-Way requirements shall be determined in accordance with the general requirements of Division 3.2, Subdivisions; however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES SECTION IX PAGE 6 Packet Page -585- 4/12/2011 Item 8.B. Polling plac~s Collier County Land future. shall be provided in accordance with the Development Code, as may be amended in the . 9.11 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County's Groundwater Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida Water Management District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in con~ervation easements, as well as on the plat, .with protective covenants per or similar to Section 704.06 of the Florida Statutes, provided that said covenants 'shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Pe~it No. 11-01232S, and U.S. Army Corps of Engineers Permit No. 1989909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Staff. E. pursuant 02232S. BUffer zones adjacent to the preserve areas shall be to South Florida Water Management District Permit No. 11- F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in the OLDE CYPRESS Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. SECTION IX PAGE 7 Packet Page -586- 4/12/2011 Item 8.B. 9.12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Environmental Advisory Council and County Engineer. , B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Land Development code. D. Storage of hazardous materials in above-ground and underground tanks shall conform to the minimum requirements provided by state law. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the EPA's Toxic and Controlled Substanpe list. A Spill Prevention Control and Countermeasure plan for all above-ground storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the Developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties. When required by the County, the Developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. 9.13 ARCHEOLOGICAL RESOURCES The Developer shall be Bubj ect to Section 2.2.25.8.1 of the LDC pertaining to archeological resources in addition to the following requirements: SECTION IX PAGE 8 Packet Page -587- 4/12/2011 Item 8.B. ~ a. the t2.~ acre lake/mortuary preserve and along the eastern edge of the development will be protected by a 25-foot protective buffer. b. the buffer area will be maintained in a natural state; should tree removal. tree or shrub planting or other disturbance occur as part of maintenance or landscape of the buffer, a professional archaeologist be present to monitor these activities. c. a professional archaeologist will monitor installation of any pipes I drains. or other equipment necessary to construct and/or maintain the three lake system. d. no excavation will be permitted within the :1:2.1 acre lake/mortuary. e. preservation of the lake/mortuary and buffer will be in perpetuity. f. inadvertent discoveries of human remains or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2.2.25.8.1 of the Collier County Land Development Code. SECTION IX PAGE 9 Packet Page -588- --- L i. t i j! ~ I I .d' .1. !Is I I ~ !Iif: 'Ii !: I -Ii z I I 1';1: la:f !I~ I I . I I I I!I!; 1111 III I ~~ mDDl1 . Q Ii I rr II 'W. .,.' --, I!Il ....11. _ IR III 1=- .-.- L .-'IIrIII-".i. ...11 ,: I" ..._"... ...,11.11II' I II II. If- =tII"', . ... "I,., ill- I" ..... .. .. I. A, .. ...' ", .. III !II! .' ... . II .. . .", ... 11II II U~ . ".-., L':: .~... ~,... ... I .. iII!l ' . 1-.'---1. BIfftI" ~, . -...,_", -=, 1iIIII'. ,...., ... 1-., -II · 11II .-,.111 -,=,"'-.- .. .- _...- .... 11....11" -_. -:--- I!il . .-. .- ' ' -II , I'" . . . ~ ...... I Ill. . III-I ' < II ..... .. II &!II II II t' · III =__,.1,= __, r::;;'" - . - '" .' . ..-. ... IIIIIIM'. III,... -", -__!II, ,IiII,.,...." H. _,,, JH!:f!; !=,!"~#.!I~!':!!!.i! . ~CIJ Cl~ 5~ I .j>.. - ...... I\) N o , - CD 3 co co 4/12/2011 Item 8.B. 'HM. Preserving end enhantlng FIDr;da~ quality 01 iiI. sinco 1966 -' HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PlA"""ERS SURVEYORS HMA PROJECT #1997076 REF. DWGS. #A-1026 & #A-l091 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION'21, E112-SWl/4-NW1/4, Wll2.SE1/4-NW1/4. WII2-SE1/4-SEl/4, WII2-WII2-SW1/4.SEl/4, SE1/4-SW1/4, EII2-W112-SW1/4.SW1/4, Ell2-SW1/4-SW1/4. AND THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY.OVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF , PREVIOUSLY DEDICATED FOR CANAL RIGHT -DF-WA Y. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. . THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORrZA TION LB #1772 B:; f~ --1.0. P.L.S. # 3741 THOMAS J. GARRIS STATE OF FLORIDA " ~. 10550 ABERNATHY STREET BONITASPAINGS. FlORICA34135 P41.9B2-Q79S FAX 1''';1.992.2321 Packet Page -590- 4/12/2011 Item 8.B. 11M. HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PlA,..NERS SURVEYORS PreS8rving and enhanr:ing FIoricJe's quaUly olli16 since 7966 HMA PROJECT # 1998060 REF. DWG. A-1170 llfl719~ lEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, lESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. . THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR lESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION lB #1772 ~ f1 ~/~ BY, ~~ '0.l/. V THOMAS M; MURPHY P.S.M. # 5628 STATE OF FLORIDA -_-IWI'PIl_I~I.Ol._ 10S50 ABERNATHY STREET BONITA SPRINGS. FLORIDA 34135 94 "992.0)'9~ FAX 94 '.992.23~7 Packet Page -591- 4/12/2011 Item 8.B. I=.M. Preserving and enhlmcing Florida's quality of life sincs 1966 HOLE, MONTES & ASSOCIATl:S, IHe, ENGINEERS PLANNERS SURVEYORS HMA PROJECT # 1998060 REF. DWG.A-1170 11/17/99 LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100,00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONT A/NS 9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY ?J~;s~ut~~~7/" P.S.M. # 5628 STATE OF FLORIDA -.--..- L I_QIk._ 1Q55O ABEANATHY STAEET BONITA SPRINGS. FLORIDA 3413'5 9.1.99:1'.0795 FAX 941~-2327 Packet Page -592- 4/12/2011 Item 8.B. SO'. R,O,W. " tASalEHT l (SIIlEWAl.K AND EASEl.IEHT REOlIREll ON LOCAl. S1IlaTS) I 1/2' .sPHALl1C COHattlt -11- 2' ..' "'I It 0.02 nln r 1~-;1 r iJi: 12" 4' ilIIN. WAUC "'ERE REQUrRED SLOPE 2' VAW:V CUT'ltll 011 CURB 8" UUfROCK BAS!;; (PRIUED) 12" STABIUm> SUB GRAllE (lBR 010) ....o.w. UAY BE l)Et:fl!:ASED 1lol1H APPRCPRlAIt .AJSIlFlCAIlCH AHD AllDXIA IE PRO\lSlOllll FOIl UnUl1ES. NoT.S. IlllIt: I. cu.-Dr-SAC PA\o9lENl RIlllII SHAll. BE 41)' (....,. 2. cu.-DE-SAC R/W IW>IUS SHAll. BE '0' (UIN). 50'. R.O.W. SECTION SO'R.O-w. I 1/2' ASPHALnC CllNCREIE \2" i1t ~02 rr 1ft r"a' -:-I. 2'1Ji: 12' SlOPE 4' "'No WAUC Z' VAUEY GUTTER OR CURB 8' UUtl!OCl( BASE (PRlUED) 12' SlABIUm> SUB GRADE (LBR 010) l- ll) 1LI E a. m '<I' ;:. ~ 60' R.O.W. SECTION N.Y.!. n co m I '<I' ~ I co I DO' R.O.W. 24' II 12' "'IN N[DIM 24' ~ lr o co N co ;:- == o :7 o co N lO ~ ./ N co m ;:- :; 0.02 rtln IL SLOPE 1 1/r _nc CONCREIE CURB 8' UUEROCK BASE (FRillED) \T SlABlUZ!Jl SU8 GRADE (LBR 010) 2' VNJ.E'( GIITTDI OIl. CURB 100' R.O.W. SECTION N.T.S. EXHIBIT ( HOLE MONTES & ASSOCIATES ENa~8-PLANNER8-8URVEVORB THE WOODLANDS ROADWA Y SECTIONS CHtCUO BY. CJt.H. OM,," 8'1: Slf' OAtt t . ., PRQ,Et:T 1Il 715 10th Str...t $.. Napl... n. 3:sJ39 - Phon. : (,,,,) :2:62-4517 R1F.. 182bU ElHl8lT - tlOfi' Packet Page -593- 4/12/2011 Item 8.B. ~IIL.I"_" I........ - """......... ....0&.... --.-va.-. $ :a ;.';t" $11...0'...1' I,Il.IOoC.I<< $'b... .,._~ IA-.PlMIO( $11.1\7'-9" I.L-. $ Il..w.... "'* $' L..I'..l{f' "'- .. '" '" ,b ~ IL....... '" ... ~ = 0 Ii: E .8 ,., '" 2: '" ... -:; p ~ '" w is 11 .. .. .. EAST SIDE ELEVATION ...'F ~- '" oS '" l'l ~ H".~HOI.E, MONTEs &. ASSOCIATES, k1c. i! 1IWi.~ &N~a-PLANNl!RS-8lJFCVIlYORa - 715 10Ih _ So, Napl... Fl. UI02 - Ph... . (UI) 212-4&17 :; EXHIBIT 0 OlOE CYPRESS ENTRY MONUMENT Ctl!CJCED BY, R.t..D. DRAYoff Jl't1 DRP DA1t; 10 . PROJECT "'0 ""'. ..SOll! DCHI1I1- r 1 Packet Page -594- ~ . . I". ~I . I I: i I! i ; ~! . i i i I i b o f- ~ ~ ~ II I.l.. . I Z~1t) -<$ I~ I II iI ...j. j I ~. ... I . ; i: n I ! 2!i ~ ~ill: s : J!>i r ~ 'il = ~ ; I I m ! I-V- I , ,. -'" ., "I . -, I ,--- ........, L '__I ~ ;=~ ~-r !~ I ii : ;! 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I . ... . . ... ~ . . ~ ,. . :i f I ... e .. ,., c! ;: . -a . z - CD 3 CXl aJ 4/12/2011 Item 8.B. ,; '. 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. 2000-37 ~c :;;g ,-fTl = ,-"'" = Which was adopted by the Board of County commissi~r~n." ,;:P.... _ the 23rd day of May, 2000, during Regular Session, ~~ ~ r m-< m . c ~ ' WITNESS my hand and the official seal of the Boar~;;;f U) 0 ;:0,.-1 .. -> =- County Commissioners of Collier County, Florida, this 2itiR day of May, 2000, .... "" ,,' '. '-~. DWIGHT E, BROCK ," ".:~;,,;::::..) Clerk of Courts and (Clerk ..' Ex-officio to Board; of :< County Commissioner~ ~,:'.: ...- :, ~V~~)~" - ,'< ' '. , . , ....: : ~ !. : By: Ellie Hoffman, Deputy Clerk .. .. . " " : ~ :'-' -<~~.~. .;/': "" . ~ ~',: . .' ~. ". ,~,..", '. \~. ,,'\ Packet Page -597- 2009 DRIlPUD MONITORING FORM OLDE CYPRESS SECTIONS 2], 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST REPORT DUE DATE: December 3],2009 4/12/2011 Item 8.B. \PPROV AL DATE: November 6. 1986 ORDINANCE NUMBER: 86-75. Reoealed Amended: Aori128. 1987. Resolution 87-96 Amended: Seotember 15.1987. Resolution 87-207 Amended: November I. 1994. Resolution 94-774 Amended: October 22. 1996. Ord. No. 96-64. Reoealed Amended: October 22. 1996. DO 96-2 Amended: Aori127. 1999. Ord. No. 99-27. Reoealed Amended: December 14. 1999. Ord. No. 99-92. Reoealed Amended: December 14. 1999. DO 99-5 Amended: Mav 23.2000. Ord. No. 00-37 Amended: Mav 23. 2000. DO 00-03 Amended: Seotember 12.2000. Ord. 00-53 Amended: Seotember 10. 2008. Resolution 08-274 Amended: March 10. 2009. Resolution 09-60 Amended: March 10. 2009. Resolution 09-61 DEVELOPMENT ORDER: 86-1 APPLICANT INFORMATION: Name and Address of the owner/developer, successor or assigns of persons, firms, or other entity responsible for implementing this development order. Update address and telephone number as necessary, sign and date. Olde Cypress Development Ltd. The Club at Olde Cypress Ltd. 450] Tamiami Trail North Suite 300 Naples, FL 34103 Olde Cypress Master Property Owners Association, Inc. 2647 Professional Circle Suite 120] Naples, FL 34119 ]\fame: ~.:th Gd(k~ 741~;/~\"' Date: " -J' "";",,,,"'7', '~at" " . t '-- 7765 Preserve Lane, LLC 313 Bunvick Road Highland Heights, OH 44143 Name: Signature: Date: J Peaceful, LC 7675 Margherita Way Naples, FL 34]09 Name: Name: Signature: Signature: Date: Date: Packet Page -598- Bougainvillea Center, LLC 4885 Fairview CT West Bloomfield, MI 48322 Cypress Self Storage, LLC 8135 Lake Worth Road Suite B Lake Worth, FL 33467 4/12/2011/tem 8.B. Name: Name: Signature: Signature: Date: Date: If during the past year, the PUD or a parcel(s) within the PUD has been sold to a subsequent owner(s), provide the following infonnation for each parcel that has been sold (attach additional sheets if needed): Owner entity: Tract and folio number: Allocation of development rights and PUD commitments: Contact's name: Address: Telephone number: Email address: 0/'" AUTHORIZED DENSITYIINTENSITY: The development consists of 538.1 acres which includes a maximum of 165,000 square feet of commercial relail on a maximum of 12.5 acres, residential development of I 100 dwelling units on approximately 155.2 acres, coximatcly 176.2 acres of preservation area, and approximately 168.3 acres of lakes, open space, and an 18 hole golf course and 2.1 aCres of lake/preservation area to preserve archaeological resources. List the total number of single family dwelling units constructed to date: 3(Q() u....~ List the total number of multi-family dwelling units constructed to date: "3 ? b ll...lts ~e exh\b!-\- A List the total amount of commercial square footage constructed to date: ItS; 000 'Sf' Common area maintenance, including maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property Owners Association. List the names and contact infonnation for all homeowners, condo and property owners associations within the PUD/DRI, including the Master Association. Attach additional sheets if needed. ~ exk;b\t 13 2 Packet Page -599- DEVELOPER COMMITMENTS: Check the box that indicates the status. 4/12/2011 Item 8.8. Ifthe commitment has been completed. attach documentation to this report (CODV of penn it. CODY of Preserve Manal!ement Plan. coPY of receipt or canceled check. citc,). For dedications. list O.R. Book and Palle Number. If the commitment has not been completed~ please list the estimated completion date; . EMERGENCY SERVICES: The applicant shall meet with Collier county. Disaster Preparedness Officials to identity those public areas that may be used for shelters in th~ commercial portions. andlor golf course clubhouse of the project as stonn shelter andlor staging areas. . COMPLETE .~ INCOMPLETE., . o , I:" ENGINEERING: " " Construction plans have been reviewed and approved by. the South Florida Water Management Disttict for the' . water manag<;ment system on site. All construction shall confonn to the approved plans, as the same may be, amended from time to time.' ,: INCOMPLETE [J Construction of all water management facilities shall be . subject to complian~e with the appropfiate provisions of ,,' ..the Collier County Land Development Code. COMPLETE 0' INCOMPLETE. o , ~-- An ExcavatiQn Pennit will he required for the prQpOsed lakes in accordance with DiYi~ioilt5;~ of the Collier County LEmd ./?evelopment Coci~ . c' . - . ,- .-'7'f,"i" -- - " , _,"_i. '--,~~,:.' , Hydrologic)' Report No. 2420, prepared for the aig , Cypress Basin Board. Said canal improvements shall be limited to tbe canal reach along Section 21, Township 48 Soutb, Range 26 East and two. (2) designated fann crossings in Section 20 unless previously completed by Nl,er parties. w hen required bytbe County, the Developer agrees to contribute his fair share on a pro-rata tributary area/run- off volume basis to implement tbe canal improvements. to serve the remainder of tbe . Cocohatchee , Canal watershed. Tbe surface water management system shall implement the design standards and. water quality, "best management practices: outlined in the Application for Development Approval; response to QueStion 22 Drainage. ' ' , An ongoing monitoring maintenance and sampling program shilll be designed by the Petitioner subject to review and approval' by the' Development Services' Department: CDSD) and the Florida Department of 'Bnvironmental Protection -to: determine concentrations of potential pollutants in the parcel's lakes, preserves, alld groundwater. The details of the monitoring program, shall be mutually agreed upon betWeen the p..;tioner, the Development Services Departmen!, and 'Iorida Department of Environrtental P~otecti~n at a date prior to the commencement of site. development. Details . of tbe monitoring program ~re ' h'ereby .incorporated by reference intctthisDevelopment Order. , :pie monitoring program shaJrinclu-de: _ .' . " ":" : ' >.- ~_c -: : :, _ __ _ _:. "" _ - _;;:" ._, '_ '<,' _, ~I" ..' "",, ,," _ _ "". __ ',: ,_ ,.,,," -,,:. ' , ,I ',:Surface:water In lakes, cypress. preserves, anll :other. ; ", ',l:, '.' -: "" t ,J_ -- _~ - .__ ~_ , " "," ' ".,. -" ~__. "" .I,,,,, , , , _ retention areas}- ' , . 2~ Groundwater monitoring of selected locations; 3: Lakeseaiment monitoring; -- ,-.. 4-:;t. siUnpiingfreq\lericy ~d~qllaie to allow as~es5rrie?t - ofpollutj~,!; ,:, .,;: : ,,:.-,: ,:,T_~", : ,,' '., : : - ~~;If a?t:!jol~t!,<>ri. of,the State water qualitY5~dar~s aR:~attri:bUll'ble to the development, the causation Will ;b~.monified:'(;E~stopped(if dee~ed neceSsary to the' ,R~vefopn\~nt Services bepm:1mbrit)andr~medi~laction tiik~i);:and;;; upon the recju'CSt. of the De~eiopmerit :: S'elYi~e$ :bepartment,more fi~t~jjsh'e m~niioring ,will,' ..... '. ~.~!~~r;~[, . 1'"'_, < "\~<hIK, f,' . , ~iiirig~ o(~nyJ.subs~~ljce"id f" "'W!i1ce.s;C6ritro! Account ~~.<-: _.1--, ,.";-',,"-:;"-"~ri',,_:," _' ,;-, -'f,' Of- .ado ted by;:theState ,-~",P' .':' },r.:~;:~t_lj9;~~tJ~~::;':~' ", . -,:i',' --:;.j- , -,' :, ,.,-- ~-; he" -" -;~~1,~:i:,_: - 4/12/2011 Item 8.B. COMPLETE ~. - ~~ INCOMPLETE o COMPLETE '.'~ . ~. " INCOMPLETE 0: ':;- Packet Page .601- Development Services Department and Water Management Department upon consideration of the recommendations of the Water Quality and Pollution Control Department Director. Storage of such material in aboveground and underground tanks shall conform to '-~e minimum requirements provided in F.A.C. 17-61. A .;ill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and the Development Services Department Director; considering recommendations from the Environmental Science and Pollution Control Department Director. In. addition, all golf course maintenance related chemicals (i.e., pesticides, insecticides, herbicides) shall be stored in an on-site facility that is located and/or constructed to prohibit accidental contamination" to the proposed project well field in the northeast portion of the site and' any potential future regional well field within the Coral Reef aquifer system. The applicant.' shallcoordinale with the Florida Departnlent of Environmental Regulation and Collier . County in the off,si!e storage of any hazardous waste, as defined ,in' the Collier, County Hazardous, Waste Assessment lhat" maybe generated by any business located in the Commercial portion of the Olde Cypress DRl.site. This may be accomplished through the use of restrictive covenants' ,or some other type of deed , stipuiation dee,l1led appropriate by Florida Department -~. ,nvironmerital Protec!icin. The Development:Order shall provide that prior to project construction, the developer will provide the information and off-site mitigation specified within the South Florida Water Management District (SFWMD) Surface Water Management penn it to SFWMD and CollierCounly.. . ce'_' -:'.-' _n_:- , ,_' ~' - ~"-"i ":" , ," ':" .. --,> :<' ;'-, ',- .' , The rippJ.icant).hall coordirlate',wfth.the owners of the ' i southeI1li?djac~nt ~outPar,,-elsal1( th~ South Florida, Water.MMa~~iiienf DistJjct to;'cnsil~ttieintegrity of~ .,. .' . ~t~;~:~f~f~~~;r;~~~~!J~:~p:~ue~~t~~~e~:;;c~:'T, shall reflect thIS coord mated effort."" . , , ',: .,.:>,f~':_\ ;,:'~'i~_;,:/" ,.:f:~":" ,if;::~':~r::} ':;!~"" ':'~'/:'<,!:<:'"..' - , :';:""'" ~ 'j'~." " ."';r:', '-'-1,' ~:': _.'1,,-, ,"'.' :', '-' S . <' " ~':':W:~~:~~~,':""": I ,,,~,,,-,, ~ ,,~, ?i:i~l'::~i:,,:~!:"~:;' :~:;::>":~:~( .'," 4/12/2011 Item 8.B. COMl'LETE. . ~. '-, ' INCOMPLETE, o " , ",n,.,,',,' _, ,,'- "-':,:,'-" COMPLETE g ENVIRONMENTAL: Petitioner shall be subject to the County's Groundwater Protection Ordinance. COMPLETE 0' /]\ 4/12~~~~ 1 Item 8. B. o ~r to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida Water ManageJ11ent.. District . (SFWMD) and Collier County peveJopmentServices staff. The staking and roping shall remain in place until all aroacent construction activities. are complete.' COMPLETE IYI{' INCOMPLETE o Wetland preservation/mitigation areas, upland buffer zones,. and/or upland preservation: areas shall' , be dedicated as conservation and Corririion areas in conservation 'easements, as well as. oRlhe . plat, with protectivec,oyeoants 'per orsimil!lr to Section 704.06 of ,. the FloridaStatlltes, provided that said covenants shall not conflict with South Floridll, Water Mana.gement District PerinitNo. 1I-01232S. " COMPLETE g lNCOMPLE'PE o ",; Development shall be pursuant to the existing South Florida Water Management DistrictPeniiit No. 11- ". ~J2S, .and U.S. Army Corps of Engineers Permit No. )90960IPMN.. Any amendments to tiJese Permits shllH,be subject to reviewand~llpproval by Current Planning Environmental Staff. COMPLETE ....-Y.. ,.,..,' '~'~'::,:: '"'-,.' - INCOMPLETE' "' O " ""~ " ,':--:~~V:,,'~; . . -r:,'~r An. exoti;; ,'.vegetatliJ~'removal; ". m~riitoring, and main!en~ifii~;}fe~~ti~~eJi;pl~n';;lgr'.~the . s~e, with! ," emphasis on'Jhe;!ci:>iiservlltion/pre~ervation areas, shall '--' '"'-,,~-"'---"'-"~-~" -,'-!'""",':. '-.'. , ,1,_, \t"h"',:-~"",-" ': .-"n__ '''~'',_ :_<"-,,'; be. 'submitted io~CuiTentPlannii1g: Environmental Staff ~i~~l,:X~;~~:;~;a:~;~~~~((" '~~~i~'~f~~;,j~:"i " c()rislstent. wltl):the r~U1re'Ae "" "DI~,,,slon3,9o~ tJ1.~.;;".:,..:. " ColJje~~Go n "Land: Developme < Odi (CGLDC) ani:!;' . I:',-",~""c';--['("';:; o>-~i-C""i "'~,-;_ _c,_ ,>_.-'l-l-.-.'--"-f!,':~:'!:,("_,,,. ';''"''-i' _ ,.'0' _ . .~g<m-D;mTI.,-1"~. ,~.~ h ,,~;:,t~i1:l -~:CoL ,:',' ".~:,":~)~~:?~J~'~:~1~:;i:~:')::':~~~:'~~;;(/; ~,-" :' , :, ,- -," , ", -,' """0;1 :<~~;~!:::":,:~,,,~_:, _-r;{ ::' !,; ';:: ',' ", ,c_,_ COMPLETE o .,. ,:-.' " '- - :.- '. ---, -' ~ - -:' ", ' ,- ~ , ' ' : --, ":-~' -" ,,' , "-" . Buffer zories' adjacent to ',the preserve' areas shall be- pursuant to South Florida Water M~nag(Omerit District, . Penriit No::n-01232S. .,;':"., ..' . . ':~~ii: '::':',~':,i-' ,. ~ .-,- ;',; eaStern edge of the development will be protected by a 25-foot protective buffer. b. the buffer area will be maintained in a natural state; should tref1 removal, tree or shrub planting or other d isturbarice occur as part of maintenance or landscape -'~f the buffer, a professional archaeologist be present to ,onitor these activities. c. a professional archaeologist will monitor installation of any pipes, drains, or other equipment necessary to construct and/or maintain the three lake system. d. no excavation will be pennitted within the:!: 2.1 acre lakll/mortuary. e. preservation of the lakll/mortuary and buffer will be in perpetuity. . f. inadvertent discoveries. of human remains or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2.2.25.8.1 of the Collier County Land Development Code. 4/12/2011 Item 8.B. Repiacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in the Olde Cypress' Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. COMPLETE g' INCOMPLETE o . '- The-applicant' commits to deed restrictions, upland . , ,,.buffer arel\S, and cypress preservation areas to protect . enda:ngere~, .thr~tened or sRCcial concern species. -- " COMPLETE 0' INCOMPLETE '.. o - ---A survey fdr. alii eagle and woodstork nesting activities . '" sHiill. be :cor1c\iict'ea; prior to COlnmencement of' ~ --;. " --,-_~ 1-:' '_ ," ~_'- .,-,', '" - ':t - :" '_ '~:_ -_ - ''', _ ,_",, __ _. " '-: _" , -development;, ;,Copienhall b'e sent to Collier County Development Services_Department, the SWFJ{pC and. . - Florida Game iuidl'resli Wa:le~Fish Commission. "- -;_-;',-":~' ~ -,' -~~::,_,Jf"'-,:':;t_;~->_~- '- '.".' - ". .' .", ' COMPLETE ~ I --, - ---'" - INCO~PLErt D.' > ' """i:l-: :!~~ -,^' '-, --'-",'- C_'::__ ",_-"j ",' _ _"'>, .,:- - - '-~'~"':;::'~~<~~~it~~~:~" ,'" _'::'" '_ ' " ":"'~ _ :',;" :':::',~ ':'~" ,'~~; ~'~, ",_" , ,~I.! ;exotic p!ants~a~~efil)e~ in the CdllierCo~nt Code, . . s6alF be~rem6ved during'! each 'phase 6f: construction. froni deVl:I~pjllent areas, openspa'ie'8~eail;~a:nd prderve ai'e~s: ~.' 'FoljQ~mg'sit~. d~yeiopmenfa maintenance: prOgram slia)1 ,be ;implenienfed t~/prevel1t r"invasion of " ihe~itebYS1ipl:texotic~p~cies.,This 'plan; which "will' d~cribe., c1;>~~~k,t~~hniques.. an!! .,jnsp'ectio~, interyals, '. shall. ~e. "m~i:l:::rlth' and approyed :b~" the. Dev710pment. '~,err~~~s:.-r~9R~:~,f::.. ;, ~~,f', --:,:_~~:~~j:~~~::,:~~~ ,~f{? '<";:{~11::;:<: ,;. ,:-,:,!~:l ~,'j:::~,:E~;~::,j._;__,; ;~,',~,',~icf,~;::';,/, 'o:i~<V "f . 'c_ ", '( COMP(ETI3 rr- ;',,,'F::,":;',, ' - :iJ:::',:"~<'" -, ' , .' , '''':',''~::~~'i::::\: '" ,- ~j ',;"::':;:;:,,,':- j, .~J. !',:':~:t;i~:_;;" ~~it::~~.- - ,j ,~,;:' )';',* , ~ . ,~ 'I'" ;", : Packet Page -604-;: .... set apd flagged in the field by the petitioner, subject to approval by the Development Services Department. Precautions by work crew supervisors working close to planned preserve areas shall be encouraged in order to minimize wildlife and preservation area disturbances. 4/12/2011 Item 8.B. The petitioner has received pcnnits from the U.S. Anny Corps of Engineers and the South Florida Water Management District which penn its were given after consideration of the comments of the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife Service. COMPLETE 0' INCOMPLETE o . A site clearing plan shall be submitted to the Natural Resources Management Department for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the. final site layout incorporated retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. COMPLETE ~ ',,:' ,~- :-;,' ,- Native species shall be utilized, where available.to the maximum extent possible in the site landscaping design. , landscaping plan will be submitted to the elopment Services Department for its. review. of approval. This plan will depict the incorporation of native species and their mix:with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation arid habitat characteristics lost: on the. site during construction or due to past activities;.. . . COMPLETE ~ lNCOMP[;ETE o ; -"., " : ". '. ". "-, ". .COMPLE~ The Collier County revi.ew .shall be co~ducted according. . . ~ " .to;. substantial deviation. d~tennii1atiOJi'ptovisioIlS' of' ,'...,,;: i . . 9,~apte.:(~-8q:~~_'f:~~!fy:\-c~';'~f~~~;~~i/:'>~X,,::~: :: T_~" ~:-i -'-:;<-~-?,:':: 'I::~_:'~~-~r~'!~!':~r~i:,:;:,;:,:~,:':~:,,:' ..,,-,;-,<~ :'~': ....--.,-:," - :'-'.'" " -" :-.-:-~ ::.~.~' " ' , I I ,-, ~ -,- ."1 ~~' - ~il~~~)'~;'i:' :~~~~*~~4J~~lii~;;?t,':j~"'1l, "~',,,;~_~_""';';~: artifacf. '-orq:"'otneri~-,:'in 'catot\~~~is~:"~~dis~b(j~e'red/'~'i":"aWp,i~~I:- ?";'::;;l1; ';, :.~, :, ." , " ""c'; .~5;. ));[.:/ ,.J.:>:: \,C ;'\;.;i :~::' ."" ,:"l'~ ~ ,1- ~.}~-;"./:J~!\~;:;~:}:::;~ ,-,,::_.- ". ': Pack(~t Page -605- ',-,r: The applicant commits to wetland preservation, wetland" mhigation arid' water, management design presented. within the Exhibit "C" and as depicted, in BxhibiWA"as conditions of approval. .",'. ~,;. ' d~velc?pment at that location ~hali be immediately stopped and the State Division of Archives and Development Services Department notified. Development will be suspended for a sufficient length of time to enable the Development S~rvices Department ,- r a designat~d consultant to assess the find and ,termine the proper course of action in regard to its salvage-ability. The Development Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruptiorito any constructional activities. Evaluation of a historleallarchaeological.'site shill I include but not be limited to its determination as' a site ~f regional or local significance, ' impact' minlmiZl\tion by incorporating the site into preservation or green space -, - "'-' , - - , areas, or other mitigation aetions. 4/12/2011 Item 8.B. , , -,,,- The St~te I>epartment of Archives' l\nd the County Development Services Department. shall be provided access to the proje,ct for moni.foring purpo~es any time during the life of the project."'., -. ' COMPLE~. INCOMPLETE o . , , " - ." - - The 2.1 acreJake/mo~a~'pre~erve area will be surrounded by a 25-foot protective buffer,. , ","\,,,,,i,i,,'-- """, COMPLETE Gr INCOMPLETE ..0', The buffer will be maintained in II natural state; should . ,.tree removal; tree or shrub_ planting ,or other disturbance .ur as"part.of.the maintenanc.e'or' landSCaPe of the' '. Quffer; Ii profesSIonal arche6lciglstwill:be p~esent "to monitor theslla<<!!vities.' ,. . '. " . I. -' " '." ->0 ,_,~,___ COMPLE0" INCOMPLETE o .,.- --- "" ""~fS{~)r0~:~i:,:~ ,:;~~-~~- ~!~;':" : " :: ',"",Ii e" ,,< -'. :<'. ,- COW'LETE " . .{2(' . INCOMPLETE 'D~ ,"'" ~" ~.. . Preservatirin~:of the'lake/rtJortuary and buffer' will be ,in" perpe,~j~},~, ., ' ..,," ' - -'''.. -. ,-, - .- ." . .~. -. .. e.'N1 ~! ~x.cav~~ih~~~~~~?~ . ~,er~i :i, -'., ake/mOrlu3.l}'. i",'" ' '~:::::;<':~.)"i .. ,<:': ,,~,~"",{;'C:,:>;;~;_ .:,::.::.;. /,1 . , COMPLETE'. " 'F5 __,--,_, ,r ,'..,' . '.',' " .r.,.c" ,_ -.. .- "-;<" '; ':~ '!- INCOMPLETE "G~<', .' ,i"- . ,,":;':,: ,/':',,' o .~;,;-:=.~:.' _~ . _<, 'f' . ,,!'.c".:':- .~ .:A')f9f.eS,SiOr, .; ':~~:~~~~;~~ _I," 1J!,iNSPORT ATION :0 The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. COMPLETE ./ IN 4/12/2011 Item B.B. o "'.-' Provision of a bicycle-pedestrian system to be placed along arterial and collector roads within the project. This system is to be consistent with applicable county requirements. COMPLETE ' g'" INCOMPLETE o Provision of bicycle racks or storage facilities in recreational, commercial and multi-family residential areas. COMPLETE Q( " 'n ' INCOMPLETE " O' ",1,< Cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit system to serve the projectarea. COMPLETE Ea" INCOMPLETE o The Applicant, its successors or assigns shall be fully responsible for site-related roadway and intersection improvements required within The Olde Cypress DR!. The Applicant shall be required to pay its proportionate share of the cost for any intersection improvements (including, but not limited to, signalization"turn lanes, additional side street or driveway , through lanes) , "d to be necessary by Collier County for the project's acces~ intersections onto Immokalee Road. COMPLETE 0' INCOMPLETE' 0, ,. - --~---/\~.'<~,:, -.-'-~ 1!:~~lf~Y COMPLE~. , , '""",' INCOMPLETE," 0,' 'I ",~":!"":'r"'~' -^'f~ .-.," . " , ,~:~':, ;",'J;:;;;::::':' ' I' ,:;.; -,'-" Based on the transportation assessment or significant project imPacts; '. cDnstruction~ : of' the eo: following transportlltiOll ilJlprovements or acceptable substitutes or alternatives . shall be' needed' coincident' with, . developmentor,'the Olde, Cypress DR! if adopted level of service Conditions are to :bc. maintained through projectbuildout on significantly impacted regional road 'segrnentsandin'lersecnom:",."", , Immo.klllee Road; ," - , :' " " C~'9,S! to Airport Road . Four Lanes . Airport Roa~'toGoo~,!ette-Erank Road Four Lanes ,;The OJde Cyprllss to 1175'" " ,Six Lanes "CR9Si-- ~,,~:::"'...~' '" _ ,-' .. . , < ~,-"",,"",, ,-.' ,,' __r'_. __ " -'-,," '-'-, ' ,- ~:>---'-f-,_.", :' __' - '-, " , : Imrriokalee.Rolio to G<lIde.n Gate Blvd. Four Lanes ~':'_" '~-.< -. _.,' -:-;,.:" -"_'" ' '=:,~" :..', r" - " "":~ ,.-,~ J<-,,:~ ~ ~t-T .. _ -',," " " " ':. ." .'. :!lmmokalee.Roadlo'Boiim,:Beac/iRd." Two Lanes, , '~ "';,~~"-,;,:;--..:-.:~,' ',,- ':.'- -, -.-" '-, ,-,_- _C_~"""-';:;-<:h"';"~'~'~"~'!'''.;-\:.o' '_;"'..:'_ (,,: !':,_,"", "~;,; _._;;' : ,-~ .." -;. '_~_'i1'~ -,-,>"" ". '-,,, ,""'-" -~"'/"" . -;"'--"'1-'- t" ",!,,:~ -.' -, -rofraJterTlatlve: '~__';' __-)'~'rr[~::'Z ~}:~"~' {: _ :;~~ .::- '::-:: ?:;.;E~;(?~~;~~ ,~:~:;~~~:~i~~ii~~~~::(~:.:-~::"'IM~'~o~e:~ent):~- ,',;' ..p~~~i{~~,~?:~ ;;Jt9~dU;:"~': ,:;'~,~':::?,,~f~~~:~:~t\;-:~',~~:'~'~;':"; ,rE':!.'~',:~'~: .:. " ,:~~::;, ,:" ;-' : " ,':,,]mlJ]okalee Rd"to Vanderbilt Beach Rd. 'TwoLanes --~ciJfi!~~~:!~:~~~(J::" ~:- ,:", ~"~<~'. :;<.r::~~~,~:;~':~t:'~.~i:~:tfr~~\~" ~ ~:'~/::, ':, ..,,' , !~t~~~~i::~:r . our orSi~.L~n~';\ ' "i,;; "",'j " The applicant shall mitigate its impacts on the regional and local roadway' sections identified herein as follows: (i) The Applicant. shall make' the site related improvements specified in subparagraph 5.a.(I) hereof . ~'i) The Applicant shall pay its proportionate share of .tersection improvements .at its access points to Immokalee Road as specified in subparagraph 5.a (I) hereof (Hi) The Applicant shall be., subject to all lawfully adopted transportation Impact fees. (iv), The Applictmt shall be subjeCt to the Concurrency Management System ofthe{lti~no/ as set forth herein. COMPLETE 0" ,II 4/12/2011 Item 8.B. w The Adequate Public FaciJitie~ Ordinance (APF) requires the Community 'Development and Environmental Services Adrrunistrator to Complete an Annual Update and Inventory Report (AUIR) by August I" of each year on roads and public facilities based on the adopted levelof seryice.Theapplicant shall provide, within fifteen (15),day~ofpublicatiorj each year a copy of said AUIR on,' ,the regional facilities set forth in subparagraph 5.a.(3).and; 5.a.(4) to the Southwest Florida Regi,onal Planning' CQunsel and the Florida, Department of-Community Affairs (DCA). COMPLETE, , ~ . " ." .,. INCOMPLETE o , , . -~ ' -. , , , The Boa,rd of County Commission'ers is'required by the ,:APF to establish Areas of Significant Influence (ASI) und, 'al)Y road segment, 'or ,intersection which'. is .' . vperating, al ai{ \Inacceptable level or-service (LOS) or'is 'prqjectedJ~,operate at ,an~~accepted LOS and is,not scheduled: forimprovement\IR the Capiial.lfuprovenient Ejeine~t(GiE} of the C9mp?elie,,!sive,PI~ ilu maimer and; time-which would piovi<!Hacili~ies concurrent with theimpacts:pf: developm~ntpursu'antto the APF. , , " Projects'within the.boundatie;s'of ilO AS! are. with a few',. , ex~ep!i~n~';no~{C-r.~levant::i~~eret~.c/ro~jbited from: obtainiiJg.~furtherCertificates;!" tiblic Facility. Adequacy. that;:wo~ld ai("c./ ' ,to exceed the ,. riimainingl,cipaci~r if,any ~e ,coild segrrients or, .', 'I " ;: --.... ..,'I.:"':'-'L':" ;:::"'",(.~"'ll<'~':'-)~;"~ c. ",:,'''', ,:\"~"-~,,,, '/- ~,' ,c,': '" '_ .,~ . ,"",.,:,: ;"",':,,, addltlohal,",'IJI/P~<1!~" to {tJi J91ent9~ potentially", .defic,elit:fapility!)'The'applj~a,sh!llllwtiry SWFlU'C', ", . ~rid DtKwithi~';rrye,(5'):\V,qr~iiig:d~ysafter rece!pi 'of. : ~otice of;JlpjJbliphear:1ryg~tiQ:l~tetrr!iriethe boundaries ." , Qf. anY.A~~.gliilh~i~!,lu~~s ." . ", ansportation faciliti~~!,. ., . . listed in:this'Sec - <'L 'c,' '.' :: '.;" .",!:., :,:_-,:.s:i~\>]; -- COMPLETE 0' INCOMPLETE. o C._--:__ ,:,.,'~. ,,' ,-_' - arpen~ed to incorporate and render applicable such changes or amendments to the APF ordinance, 4/12/2011 Item 8.8. In the event that Collier County designates an ASI --'lUnd a deficient road segment that is predicted to be stantially impacted by the Olde Cypress project, and the ASI does not include the Olde Cypress DRI, then the applicant shall be required to file a Notice of Change of this Development Order with Collier County, the . Southwest Florida Regional Planning Council, and the Department of' Community .' Affairs, pursuant to Subsection 380.06(19), Florida Statutes. COMPLETE ~ INCOMPLETE o The applicant shall file a Notice of Change within sixty days from the date the County creates an ASI for such a deficient road segment that excludes Olde Cypress DRJ. The applicant shall file .with the Notice of Change, a current traffic analysis and other infonnation attempting to establish that the DRI is not haying a substantial impact. upon the p~rtinent 'road segment, or other justification of the County's exclusion of the DRI from the AS!. COMPLETE ~ INCOMPLETE o If an ASI is established for any deficient road segment listed in Section 5 of this Development Order that does not include the Olde Cypress DRI, the DRI shall not apply for or be issued ;my further Certificates of Public "'-hiIities AdequacyuntiI ;he Notjce of Chal)ge decision is made by Collier County, if neither pCA nor SWFRPC participates in the 'public' hearing- on this Notice of Change pursuant to Subsecti6n380.06(I9) (f),F1orida Statutes and the . change is adopted by Collier. County, lis proposed; or (2) until any appeal of, such, decision to .the Florida Land and Water AdjudicatorycCommission is resolved. . _ _ _ - ~_' <"", c ",'; COMPLETE.. .... g;.'" , INCOMPLETE " EJ .,.-'i - "The developer shall provide' a fair" share contribution 'toward the capitarcosts of a,liaffic'signal at any project "entnince", when ' deem~!I: ~ammted' by the. County '- ,; ",,-,.,'" -:: '- ' - L:' <~'" ;,:~',: -" _ - ,",' " 'Y': - ,~. ">,, . ,-" , !i ! ,,1'" ~ d"H, ",""" ' ,Engineer :c-The sign~I',~shaIr be' owned, operated and in\li~i~i~ed DY Sollier Coimi)-: ' . -",---.- ':-.",,," .-- ."'I",r" g 'I':, <;:i;GI~' , Packet Page .609- " " - - ","', _~' "',.1; , - .., -, ' The applicant, its successors or assigns 'shall submit an, , annual traffic monitOl'ing repqrttbt eh, following' entities: Collier County, Florida' Department' of Transportation (FPOT)" Flo,ridli. ';, Department ,of Community Affairs (FDCA), and the Southwest F:Jorida Regional Planning Coun~ir(SWFRPC)." T;he first traffic monitoring report" ~ill. be submitted one year after the date of the issuance ofttie first building pennit )'or a resiilential building 'withi~:'ilie Olde Cypress DRl. ,orts must be suinpXtf~jf iulriulilly thereafter. until uuildout of iheproject/1h~ H,nua!trnfficmonitoring report will containlhe folloWing information: ' , ' . ' (i) A!"f and PM pe~k hou~t\i~l~~lIu~vementbol!rts, at all sIte access' pomts onto'; lmmokalee Road lInd::a .' compari~on (5f,the p'Toj~t'~ljiea~urildn;.ip gen~rationtoi the Project's"trjp generation:assuni' . the original DRl, ',: (G;I~i~~~(~~~:~&~e::~~t~i~~~i~1,~,~n~L.; '.' . 'assumed.to 6ecOinmi~ed,;ij{.tbe A ,;;Jnchiding t1ibse'::':i~'::.;,'~' "/'; :liFe~1n"~~i,1f!;1~p~e~~~Td~r ,.'~{{/r;~,:c~? ;,";' ""i,. '.' The abqie tritffic' ino~itoril)g" . .T/: ~n ~ombiml.iionwith' ", L: :~.' ,,',", .',',',:" . the Annual .lfdate\imiJ~;:""'" t:':Re(5it '(AVIR):,,:" , _, ':":: - _ ,--,:-,-,:.,:-" 'f';.,-- P:_ ',n-"",f.''' <""';_::':_":"'" &~~:"'~,,:~I.,J?_I"I' ,;__' ,__'>.,~ -_ :"",,"':1',,:,,:: . referenced ilj~Coitditiprr;~;',~flP'resertsii:the anriuar;.i".. . .... . traffic monitori~g reil'lrr~1l'i ~~:.t1je: OliJe;cYPress.<, . , " , ~<- :;; -\:,-,~~, :' ~; ~_-''',i':ll ' e~tension of CR 951 located tci the east and north of Immokalee Road. This relocation is consistent with the County's 2020 Financially Feasible Plan. A sixty foot (60') road right-of~way i~ now being provided on the west boundary of the OldeCypress from ImmokaJee ~ 'ad to the north propertY line. These substitute for the Jrklands South Access Road. . The applicant also assigned a significant number of Olde Cypress trips to the proposed Living~ton Road Extension between Immokalee',Road and Vanderbilt Beach R~ad during Phase y (ending 2007)!. If.this road segment is not constructed by the specified Phase, the p~oject shall undergo a dete~iriation as to whether a substantial deviation has occurred.. An amended,. development order shall be rendered after any substantial deviation determination, whether found to be a substantial deviation or not. 4/12/2011 Item 8.B. COMPLETE . g INCOMPLETE o COMPLETIi.. , ~.., -. ~.H':',' L>~" - ~j", Tile PUD document, Section 9.02-G, states that the roads may be private. The road through the commercial area may possibly be designated public, providing all design requirements and stipulations Of the Engineering Department are complied with at time of design and "~nstruction. The project shall be provided with three (3) access . points to Immokalee Road. All access roadsldrivesshall be limited to the access . points shown on the Master Plan. The proposed . commercial areas shall not have direct access to .Immokalee Road. All drivesshallbe connected to the . . access roads built by this project. A II traffic control devices used, excluding street name ,signs, shall conform with the Manual. for Uniform Traffic Control Devices (Chapter.316.()747, Florida . Statutes). . If the four-hinirig of Immokalec Road has not been ,started, the Developer shall provide an eastbound left . turn storage lane and a westbound deceleration Jane at each project entrance before, anY'certificates of ',pancy are issued. ,_"_C,'.- ,-,- - -' - - . - ,.,", ';Th.i -Develope~ s'hall' provide ~. fair sllare contribution ,toward the capital cost ofa traffic signal at any project 'eJ)trance' when deemed' warranted, by the County "Engineer. 'The signals 'shall -'be owned, operated and .ll)'aintained.by Collier County. ~ljb Devel~per: shallproyide arteriallev~1 ~treet lighting ,ilt eacti 'project entrance: at the time.. of construction. The : operating and' m'airtten~~~' ,costS of ,iheseunits shall, be , assumed by Collier County. ' . , ,,:,. , .1 Ci/' -', _.''",<.. " - '_" ",m"_"" '-";,', " ,::,'~i:;~ :',,:', ;--e' 0' COMPLETE 0' COMPLETE 'g' COMPLETE g' COMPLETE g' COMPLETE .~ 4/12/2011 Item 8.B. INCOMPLETE o INCOMPLETE o INCOMPLETE o INCOMPLETE o INCOMPLETE. ' o COMPLETE o ~'; - , ,::;::):""", ,"',' ",'-, COMPLETE,' ,", L.:"",' '>:~",:::ni~1i,:,' 'L~rr:~'_(.L ',' , '--, - .' INCOMPLETE 0' . ',.'}} ".:..:::;:",::' . ~-" ',:'- . - '~ ,- ". -'- ~'~I :::'~<':;r::~:"" ':0 · i,~;;~,t,~,:~Jj , " COMPLE~ il'~~;' "c_~""'.,.,OC"""""O"c",M",:"._".",P:,,.,",L,'",' ~",TE,'."',:,';'.,',,',i':,'."',:','~,':,,.}'- ,', " " ~ -,,':- -~, :~;\~>_':l""~ji{,:;:,~'\~"::~!:",~,.",.:~_,:;,,, "'"_,, _<" ' _', _":., _. ' <;,."._,'" ': : ' :,~,~,~.".;~.i";E.':,:',,,~,:,,' l:I,:;':lii~:':::" ..':; ,_- c "'" _ "c .:,. ",c '~", r" .-",:: ",',_~ ::~I~_,: :<, ~"','",_~'-~;_- ;~1~it4'~~~k"- .: _ --_,,",- "',-,-, "," . ; ,: ',~,: 'i': -,,':, . -., ~,'-:t:!i~~i:'?J ,i~ ~":;.' 0 ,. ".: ':,-~' ',:- ~ _'", , , -" "_ ,:' ',Co I - ,,:J, , '" ,;~_ ,,_ _ __ _ _ ,1 " , ' _,., 2. Payment in Lieu. Active 'PUbs may provide a "payment in lieu'~ rathertlian stiblnitll repiirt. Payments in the amount ecju~}o. the co.st to~cirt,t14ct , , the required traffic. counts as}defi",edby.:a;~ertlfied: . engineer's estimate' are acceptable: 'In:',Il!\~':ipayment checks are.to be made out to ,theBg~rd' 'C1-f .Co~nty., ',', commissioners.,:. ,.!, ,.'~;'r:;~:;,,',::}.: ,,:' ,',' i'/~,' , 3. ,WaIver. Inactive PUDs. or PUDs,i1eteoninedaS'"'~'.' \; I,:' ~h~:lt~j::~~~:f!~C'p~~~~~s~=~~?::pi~~;~t)' fr~~.i j~fr :'i TransportationPlamlingDepartmell1,' ." 'tosubmil\ing' :'""" ':p;~c~~ri~i:~:,o~,~~~~ea~~~~e ., ',; ::f~~~:~~!;,s~t moi:titoring r_e~~)J!:- >:;_ "~' " , i,~'l;' ,> I' ,.".,', ., ,'. '''To'; ,'_._ The streets within the project inay be privately owned and maintained with exception of the North-South road on the Western edge of the project; which shall be a .-, 'lbJic road. The internal. streets" which ' cross Nironmenlally sensitive (penn it required) areas will be minimized in width to reduce impacts on the environment based upon approval of the County Engineer and the Development Services Department; Typical cross-sections are attached to the PUD, document as Exhibit "C". As part of this annual monitoring report; the PUD owner(s) is responsible for providing annual traffic counts to the adjacent roadway network. Following are three (3) submittal options available to you. To detennine the appropriate option for your property, ' contact the Transportation Planning Department at (239) 774-8192. 1. Traffic Counts. Active PUDs require a submittal of an annual traffic count'report; sigried and sealed by a Professional Engineer and_ include: data for all access points to the adjacent' ro~dWaY network. Collection of data is to be performed 'over a 72-llour weekday period, include lS-mimite intervals, and turning movements in the PM peak two hours which ,-- . " ,,"',' '-'_"':1 _ ,:,''-'',,. llI'e from 4pm to 6pm. Traffic count reports must also lubmitted in an electronic fonnat.", ' r,o"" . - (. '..;,~- ", . ,', COMPLETE. ,:.:;.;, J!!]T.: , , 4/12/2011 Item 8.B. il,'"-"vJ"...l......LIJL.;. D', , -" ~ - COMPLET~ INCOMPLETE g o - , " " , . .- , .' '. Submit one of the following to tile Transportation Division at tile address below:' ' , I. 2. 3. '" - " , ,,' ",' , Copy of Traffic Count Waifer Tra~c C~uniRepO': ,:,~. "" Engmeer s Cost Estimate and check for payment in lieu ofconductingfrafficcount' .;' , , ,,,', : , ,~:',' ':' , '. '_u r,_ ":" " ,,-. '_ ,'__ _ -,,0, Tran~portation Planning Departnierit , Attc;ntion:Laurie Beard' 2885 Sci~th Horseslloe, Drive, ' , Napl~s, FJ.;34104' ';", ,,-. ",--. ,," ";"<-~:~\bif~:ej,c~' ". ("?J5l?~_-,-":!:~::c_- -: ';':. ,~- , :'<:>:;:~~;~~_:" ~_ ':~;f'J~:::::~!': ~'=:- ,-"",: ,", ,";' '1 ~}::, iC'~,~;" ?;:\2~ .~.,' "c1 ,:.' . :, :! i ' , ':I;,~:;-;:~:~:)>;: '.' - ., " I ':"-: :." i~{~+:~" , " ~ 1"':' ';,' ':;?:;'i~ " . ,<~;~~ .', )~. ~~~:?-.~ ';:~::,~,:':'{.'/-",;-'- ";; ':"': "'t -;;~:,'~~- :';':~-: , :: :'~~~'- ,'Y,' 'r-" '< >:_;:~\->; ;,:-":,A _ :,.-,',:" ~ ,,:'.I' ',I:j:'~-2-si',- ,- ',--' ~~ ',,-,- - >~ '" ,;I:i;'(-JJ~' , ' , fo~ o,}vnershil', operation and mainfenand: 'purposes. All water and sewer facilities ..constructed on private property and not required by the County to be located within utility easements shall he owned, operated and maintained by the Developer, his assigns or successors. "--on completion of construction of the water and sewer lilies within the project, the Jacilitieswill be tested to insure they meet CoflierCounty's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at th~.time conveyance or transfer is requested, prior to. be,.ing'p!aced into service. 4/12/2011 Item 8.B. All construction plans and technical specifications and proposed plats, if applicable, for. the proposed water distribution and sewage collection and . transmission facilities must be reviewed anda!!proyed by the Utilities . Division prior to commencement of construction. COMPL;~ . . INCOMPLETE >'0 " ",'" , , . , , '. , All customers connectingtothe\vilter distribution and sewage collection faciJitieswill becusl6mers of the County and will be billed.b)'cthe Countyjnaccordance with the County's established rates. COMPLETE ....~ INCOMPLETE .0 It is anticipated that the County Utilities Division will I"':mately :. supply potable . water to meet the umptive demand,' and/or .... receive . and . treat the sewage ge~erated by this project. . . COMPLETE 0' INCOMPLETE, o ' J'," COMPLET& ,:.' - ---- : '.~~~~~~~;:~~~: . INCOMPLETE' ' D ,.:"..,~" ; - "," ' ; ,- -c-- ,; ',:' - , An' Agreement shall be entered into between the County and, tlie ' Deveioper, bin~ing,~:on ,the Developer, his assigns or successors; legally acceptable to the County, ~i>riorto the approval ofcQnstruction documents for the . proposed project, to state thai:' ," .. ,'. , a) ,Connection to the, CountY's off-site water andlor sewer facilities will bem:ide by tile owne~,the assigns .:c-,__ ~'_' '''''_. -'___ - ""'._ - __" '. "1,~",",, .'_' _ "r, -. ' , or successors at no" cost: to 'the :County. The cost of connecti6n' shall j~clude,. bqtXnot b~ limited' to, all 'e.rigineering 'desigq, a!!d;~pr~!!ara!ion, of conStruction, documents, pepnitting~fiiliod~fication,' or refitting of' 'se~age pUll1pin~ faciliti~s;iiit~rconneftio~.wit~ COU!1tY . ." . off-site facilities, water' andlO~:l!ew~r: lines n~cess'ary to :',Il)~,ke the ~nl1~~tion(s), ~t~?,:'::',:i;;::. .: .. .' , , Q~ The followmg water aniVor"se~~~ faclhtles shall be '_ . · :~~yey\qto !~~;C9~ntYp'~~'Jliit~t9':~pp~opriate:C~ur)~ ' .' Ordinances arid RegUl!ltions,in::effe~t,afthetime:' ' , ,piif~~~I;:!;~d~;~~~t~~~~~:tN~~f~~~~~~UC~t~I:~.' '; , "~~~~!fl~~tS ~eq~,lred'~~l',\P$;;'~~$U~~.rrlth.?th: p~oJec.t~". .' '". I.-.tscand, those addlbon3.1Tfi c ,es: reqUIred to make ',;;,t, ,~. '.~, }<w'1~~~ d.~_ ~",""'~l~\'f:f;':,i',;;;,;,:~:~~~ ';'.~" .:', L.-.r -. j ",,, ._ _. _" .-, - ,- " "_J~' :"',," -', " Packet Page -613- ,2) ,Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary. c) All construction plans and technical specifications related to connections to the County's off-site water - ld10r sewer facilities will be submitted to the Utilities lvision for review and approval prior to commencement of construction. d) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. 4/12/2011Item8.B. The project's owner(s), his assigns or successors, shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, ,Jor ,irrigation purposes: The, owner shall be responsible for, ' providing all on-site piping and pumping facilities from the County's poi"t of delivery to, the project and negotiate with the County to provide full orpartiaJon- site stomge facilities, as required by the DEP, consistent with the volume of treated wastewater to be utiliZl;:d Olde Cypress has first rights to effluent generated by the, project COMPLETE fir',' INCOMPLETE EJ , . . -. , , _~nstruction and" ownership of the water and sewer facilities shall !xi in compliance with all Utilities Division Standards, Policies, Ord'inances, etc. in effect ilthe time:conSlruction approval is requested.,,:' , COMPLETE, , '&"" ',,, -"""--'.',,", , - - ,," .. , , 'Ae'detailed hydraulk deSign report covering ,the, water', distribution, syste'll::, to serve the project. must be submitted' with thei' constructiondocuments:Yf6r the proje~t: '- The report-shall list,all design assu;:nptions, dema,l!~,rates and: other factors',pertil1ent to thc'systeJ!l! " und'c'r consideration;.,; - : ',,' , ", , ~, ,':., ::,,,-: - I _'", ;.' - 'r- ie, '0),.'. ',,,,:~., ic:.,.:'b--j ,-: In<tallation of energy-efficient appliances, and equipment. 0'. 4/12/2011 Item 8.8. Prohibition of deed restrictions or covenants that would 'vent or unnecessarily hamper energy conservation IrtS (e.g., !Juilding orientation and solar water heating systems). COMPLETE ,61 INCOMPLETE o Reduced coverage by aspha:tt, concrete, rock and similar substances in streets, parking lots, and oilier areaS to reduce local air temperature, sand reflected light. a, nd " - -t- , heat. ' COMPLE~ INCOMPLETE o ' -".'l!'; Installation of energy efficient:Jighting for streets, parking areas, and other interipr"and exterior public areas. COMPLETE .0" , , INCOMPLETE D Use of water closets with amaxirnum flush of 3.5 gallons and shower heads and f'aucets.witha max.imum flow rate of 3,0 gallons per minutll, (at 60 pounds of pressure per square inch) asspe,~ified in the Water Conservation Act, Chapter 553.14;F'.S. COMPLETE r7(, " , t!.l. -':,' " INCOMPLETE o Selection of native plants, trees, and other vegetation p-~ landscape design features that reduce requirements fater, fertilizer, lJlaintenance, an~other needs. COMPLETE 0':, INCOMPLETE' , o ,':' --. : ,-- -'- ._',--" ..~~~r:t:,:~'~__~~~.:; :?Li~. :,:< _ ' :, : ::i~', ';~' :: ' ,_ INCOMPLETE o '" .;' ",;: ~' , Planting of native shade 'trees to~'provide 'reasonable shade for aU re~reatibn areas; streets.and parlcing areas, , ,- ,,' ~- ~ ,-,' ,'''-;' '- - -' , '.'- ;~- ~ - -', - -, ~ - j ,.--- , ~,' ,.: -, '~, ~~",,::,; :i , " " " -', - , - Placement of trees to provi4e' needed shade in~ the warmer months'wpile not 'overly reducing the benefits of sunlight in the cooler months::'::, ,~,,' ":'"':':1'" "0"--- ,..":;:0" '_ _'_':_:,_ '-',' , '-_ ':___, __----'?;")~}, ,___.-,,;.,:.i:,~~,,>-:_,~;;::~::;':-<"~~:,/:,',::'" ,,',} Planting'Qf"Hative' shade trees for eal:hesideiilial unit if native sli'ad"h'ees do not exist for eacti ~e;ide~iiaj unit. " ,- - - ".' :': ' ~_ _' - " c r :- .~ ',,' ". -- : '- ~)__';:'- _ , _,_ -, >', ,--I" -.,.-,~.,,' -"":':,_, _ ,,~J'i':~', ,,", ',:' ~__' . :":' -, -___,_':, ,c--,' , '_' _ _I:"_::_~~:':,c',_ >.{.:,,-:__~~~ ,::::,:" ,-~,-"":',: _ _,,:-, "}',.:,,"':::_-<?~T;::"~,:'~:~;,, ,'_" _,' Orie~tation Dr'striict~~~s;;~s Po~~ibi~/t~'~~duce ~olar ,,' -' ' ' ." '_ c " '." '; -.":;\c,," , ," :',: I' ,',' ",,", !-,:- ," ,-'" :" " _ "", , :" ,> ,_ ,,' '"..:, ,"' ',',' ~" '" -: ~ ' heat' gain by'walls 1iIfd'!o: utiliz' " 'n~tuml cooling . ~f!~fts~?~ ~;~~: . .~;~~:!:.~ ' " Prov,isio~ {<;>f; strUctu~I,shl!~irigE and:roof;Qlierliands) wherever:, " shildingcilri[fif6e used effi C .-' . .",c,~~~':;:':ft ~ ~ ", _ ':,{i ;,:' :~."-:~'.~-: --=---{,:~,,::f- ,'. , "'.,.,, Consideration by the project architectural review committ~e(s) of energy conservation measures (both those noted here and others) to assist builders and .- nants ,in their efforts to achieve greater energy . ficiency in the development. COMPLETE lit 4/12/2011 Item 8.B. n'f\.,VlvlrLl:.1 c:. o 4/12/2011 Item 8.B. Oide Cypress DRI / PUD. Unit Summary Last LTpdated: June 7, 2010 Subdivision ~ Total Lots Built to Date % Strada Bella SF 18 17 94% Santorini SF 55 55 100%':..- T erramar SF 55 55 iOO%; Egret Cove SF 18 18 100%" '"' ''-'" .', Ibis Landing SF 55 55 100% Santa Rosa SF 27 27 100%,. ',: ''.'. .,::,' ",'.,"" Biscayne Place SF 8 8 100% 'C' "t'", ','",' ,---"- Wooclse~ge SF 130 125. 960/ot:: Total SF Units 366 360 98%' Subdivision Type Total Units _ Built to Date. . '.'\1 -Z!! Fairway Preserve MF 264 264 ..100%, Amberton MF 312 ...132. .42%.. .. TotalMF Units 576 .396 69% .'::' I "'" , Olde CypressDRI Total Units. - Built to Date. Total Proposed UnitS I1DO '..756 Olde Cypress Master Property Owners Association i' ~ r M..ln M~h:U .~. ~ Photn' Gart.!rV' '" ' ..ll:~cQmmenlfUs', . SuaOHhDtl'Il - prw.t. _ A.gI.~ Us.rs O~ly . rlI!WS"fl~C1 . News An::hlVl! . InfOrm8tlM _. Boartf:~hntJtll" . 8oard');ift.tg, .aDl!lrif'EmiM'--- ',~ Bodai!flnrri" , . COmMlltH5 ,:~"- 'liol!<!II ;~ " - , . MMt~t- DOCtJinflM~ . S~~.:De."erOD"'f!~~__ . landi-cane lhldstl!!_ 'i ,,~' . i.i!ttIir!i'tG-the &oa~ . .W.;b'Lfnb .-,: ;"';"., J:n'o~'O::;~'< . ..BoI!ordcfDI~''''_ _ _:_HO~CO~IICt~~!t _~',' .- Ccirnm~'ty Slt~ P1a,n " ',-; ;'- 'i.~-): '--:-~\':,,: , -' , :":;:~~:'- ' :''',,'','-- :';"","-,1 'j;,,-:\'-'- ;,- ,,', , 'Li:'~': ,..,' " , ~, '.", 'C::~'f~'::; , HOA Contact List' (repart~~~,:~l:I weMlte A~m'r\) .. Order of calls to report ,problems within your HOA: 1. HOA Property Manager 2. HOA President " ' 3:'HOA' Neighborhood Representative -'i"'-,-:-', HOA : ,R-n:slU/lllt 'NI!lVIi)>orhOod ' Re resentative: ' Jim , Costello (516) 742-1983 ", Richard' '-~,o ,-Kernan .:. ' '596-2792' , . ,,".:- :' De'nlsff Sapia, ' (.}iI},,550~Q255 , , , m., ,'IMdenne" "Deluca - .254-8~57 ,1'" """', Biscayne ," Place HOA ",-",;:' ,~,::"arran:i, ,Murphy, .59~}2841 SU'san ~.~:: Jensen ,524 :0028 .'" '--. - - .-.,~ ; . ....]~: O'O"O' ... :':' sec~r~ln~~:':~:!t~h~;;~':-O' _~~~[ ;"',:':I;I:~ .~~- "~-_:::VOlce::-Me5sB'lr\,: :'~,,'.st~'~:'::,~ :,-~ ~ .-'-- -", ; ,) 4/12/2011 Item 8.B. Exhibit B .., lufte 7, 2.Dl0 c.1Md.r 'une 2D.10 _ Praperty-Manager 6&666 66668158 BtHHH38B BBB8~88 88BB Steve Deangelis 293-1227 W.llther k B-riice Sickles 272-7158 Nlpl.., FL , BS'F _e...... Cloud. . ..~~~~- ", Clfck~r~)~ _, - n None 'to: Gleno Fulker 774-0723 ""r k" , tltn Dean:- HaJneS , 2/i~'505.1 m ~- Steve": DeAngelis, 293.-1227 , ~: , >'. --~;J:2!1~::'~,'Sti!yt~~"" , 6~ngells' 293.-1227 '::.;:,~i~ ;;:- ,;,_~~rqf.f:: " - SolO,m'on ..' 571;'7968;' ""," '-',r- , (-Tele hon'e''',Numbei:s":~':, "{;' 592-5381' ',",'" , ' 592-9258 ' " ! '-.- ' ".~' (;,,', ,,:j'.':;"' ,;", MA;pro 'ert ::M:-ana etc- " :, SDA Management"",,. _, .,:,.!' "::-1~.,.",, ""t.:,:V~" t'"~lTP. I nT J. Keith Gelder 4/12/2011 Item 8.B. From: beardJ [lauriebeard@colliergov.neU Sent: Tuesday, December 15,20097:42 AM ,: Keith Gelder Cc: CarrollKellie Subject: RE: Olde Cypress traffic monitoring Keith, Exhibit C Since there have been no new certificate of occupancy in the past 12 months, a traffic count waiver Is . granted for the 2009 monitoring period. Please print this e-mail and attach it to your monitoring report. laurie Beard Transportation Planner 239-252-5782 ~',__~"_.______<_._"w,~_ ~_ .__, '.._..____.._,,~___'_,~,,~_~_"'.._~ ~__~__.N ,__ From: Keith Gelder [mailto:kgelder@stockdevelopmentcom] . Sen~:.MaridaYI December 14/20093:0~ PM To:.beardj , Subject; RE: OldeCypress traffic monitoring laurie, . Attached is the September 2006 traffic report from TR Transportation. After a review of the building . permits for Olde Cypress, there were no new construction units that received certificate of occupancy in n"09. If you need anything else to grant the waiver for this year's report, please let me know, - f'/' '1,;"._, 1,___ r , ,~ . 'Ftom:beardJ[mi)lifo:laurlebeard@colliergov,netJ . . Sent: M'C;inc!i1y, DeCeml1er 14; 2009, 1:38 PM To: KeitltGeldE!t..; ;:,' .. '. ' .' ". . . S~bj~ct: RE~ Olde<:;Yliiess.~raffic m~nitofIng_ ~'I.(,:,'~,:,.s__"", "',',',-", ',:', '.. _"=;:C';_'..;_- --\.,,'T' - '" ,',:" :-,- . !.K~i;tt,.},~,:,:~~-,}~!:~;::{;. ,I '.. '. .. . -- Ifthere lias-been a..l;er;t1fjcate of.occupant\( Issued in the previous 12 i~~'P.<<;4 :", , , - fin . - Keith Gelder . Stock Development Development Manager , i 2647 Professional,Circle, Suite 1201 . . Naples, FL 34119, ., (239) 449-5227 Office " (2~9) 260-6504 "lobile- ',' (2~9) 592:7541 Fax. ,,' '". ;;"~i~i~j~:'}~:, . " ",}f?';-: : "'r.::.----'..v'!' i ~ ,- .," -:' .' ~ -,. ~ ',; ~ - , I',' Th"anks. 4/12/2011Item8.B. Laurie Beard' ~ Transportation Planner 19-252-5782 t'." :_c_~_,_.________ '_ __'R"'~~":__'_-"'____"...,-.-_ -_..~- .-"--~_..". --._-"",._,,_. ~,-~-_. -- From: Keith Gelder [mailto:kgelder@stockdevelopment.com] seni:: ~?!!di!Y, DeC~Der 14, 20091:11 PM . . To: beariU" . ~ Subject: Olde Cypress traffic monitoring ,,',', . ".::(;,'" - ,',.: Laurie" .. .'~ . . '. . I am p;"paring to submit the 2009 Olde Cypress PUD monitoring report within lhe next 30 days; Since the last traffic monitoring report ~as submitte9 in ,Septe.mber ~OOB, thel'E1. ~~~$ .b~I')'J1)i~ir:nal e;onstruclion actlvily in Olde Cypress. May I get a waiver for thiS year's report? Will, thiS email suffi~ - or do you n~ed a written request? Keitb Gelder Stock Development . . Development Manager 264?:.Professional Circle, Suite 1201 N,{'1e'S'.FL 34119 . . ~ . (2~>1'449-5227 9ffice . ~ .. (239) 260-6504 Mobile (239) 592-7541 Fa)( , ,I"'. 4/12/2011 Item 8.B. CORPORATE FORMA T This instrument was prepared Without opinion of title by And after recording return to: File Number (Space above this line for recording data) CORPORATE AFFIDAVIT STATE OF ..::fJ(;vida ) COUNTY OF ~ ) ss: BEFORE ME, the undersigned officer authorized to administer oaths, on Ibis day personally appeared 73v1'aYt 5fuok, ~~ (Title) of o/dt f#fJYtK;<; L+d_, a Florida corporation (the "Corporation"), who upon eing duly sworn, de ses and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein the Collier County Annual Monitoring Report. 2. The undersigned is the ,_ Un ~ of the Corporation. 3. The Corporation was formed under the laws of the State of Florida, is currently in good standing there under, and has not been dissolved. FlJRTIlERAFFIANT SAYETIlNA~,~ ~ N e, Title ~ ~~ve~ &\-d a, Florid orporatlOn The foregoing ins this !j day of . Clde (!fjpYI5.\ Lfd produced ent was sworn to, subscribed and acknowledged before me . , 2.cJ IU ,(j'efli') by 73 V1 i1.U ') frH' JG , (Title) ALu.uurev , a Florida corporation, who is personally known to me or has" n ""J as identification. .~~'of.";V~'(:. ANGel..A tiOwe-N . ! \t~.l}} MY COMMISSION # 008779031 "~{Il~<;?-" EXPIRES Apnt 10. 2013 I (<l:li)".:.at',.01~i-__-!.!::'~~'\Io:af).."C:"I''''-'''Uf'' I [Notary Seal] Packet Page -621- - , 4/12/2011 Item 8.B. GundlachNancy From: 3ent: To: DeselemKay Monday, March 14, 2011 9: 13 AM GundlachNancy; BellowsRay; Richard Yovanovich; Chris Mitchell; 'Keith Gelder'; Barry M, Klein; Diane K. Ebert; HomiakKaren; AhemMelissa; MurrayRobert; Paul Midney; ReedCaronDonna; SchifferBrad; StrainMark; Thomas Eastman WilliamsSteven FW: Olde Cypress Cc: Subject: See below. Kay Deselem. AIC?, Prmclpal Planr,er Zomng Services--Lond Development Services Department Growth Management Div!s/on--P/anning & Regulation Phone, 239-252-2931 Fax: 239-252-6357 kG\~dese lem@col/ieroovnet -----Driginal Message----- From: StrainMark Sent: Saturday, March 12, 2011 6:25 PM To: DeselemKay Subject: FW: Dlde Cypress Please forward as you have the others. thanks 1ark From: Anne Kandilis [ashec0e@yahoo.com] Sent: Thursday, March 10, 2011 8:12 PM To: StrainMark Subject: Dlde Cypress Dear Mark: We are residents of Olde Cypress and would like you to know that we are in favor of the PUD changes and support what Stock Development is trying to do for aIde Cypress. There is a small group of individuals that are fighting the changes but we want you to know that they do not represent us, as residents of Olde Cypress. Thank you for considering our view. Sincerely, Anne & Charles Kandilis 3088 Strada Bella Court Naples, FL 34119 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page -622- 4/12/2011 Item 8.B. GundlachNancy From: Sent: To: Subject: Follow Up Flag: Flag Status: DeselemKay Monday, February 07, 2011 4:43 PM GundlachNancy FW: Pud proposals Categories: Follow up Flagged Red Category fyi Kay Deselem, AICP, Principal Planner Zoning Services--Land Development Services Department Growth Management Division--Planmng & Regulation Phone: 239-252-2931 Fax: 239-252-6357 kavdeselem@collieraov.net From: piqnataror@aol.~(Jm [miljltQ;PiqnatQfi!f'wapl.c;gm] Sent: Monday, February 07, 2011 4 :29 PM To: DeselemKay; StrainMark Subject: Pud proposals As a resident of Olde Cypress I would like you and the planning commission to know I support the three Pud proposals DOA-PL201 0-1 052, PUDA-PL2010-388 and PUDZ-PL201 0-1054 which you will consideron February 17, 2011. I believe the development of that parcel by Stock is in the best interest of the community especially considering an alternative could have been condos or other uses. I also believe the park proposal which has a number of people concerned would be a waste of space and not used by the community at large, It is unfortunate that wasn't enforced during the original development in a more SUitable location, Having said that I do believe the planning commission shOUld conSider requiring Stock to put a wall along Imokalee rd as part of his plan A wall would be secure, a sound barrier, and when the landscape grows. esthetically pleasing, Virtually all communities have them from high end ( gray oaks etc) to moderate (Island walk, village walk) the only glaring exception is Longshore lakes and their wooden wall is an eyesore and always falling down, This should become a mandate throughout Collier to keep the character of our community intact Thank you for all you efforts on our behalf Richard Pignataro 7519 Treeline dr Naples FL Packet Page -623- Feb 02 11 10:00a Nictulas Whrtaley 2315006214 4/12/2011 Item 8.B. 2963 Mona Lisa Boulevard Naples Olde Cypress FL34119-77JJ Collier County Growth Management Division - Planning & R.egulation Land Development Serviees 2800 North Horseshoe Drive Naples FL 34104 Tel (1)239- 5966214 Email: whiteleys@c:omcast.net February 1",2011 Attn: Nancy Gundlach and Kay Deselem Dear Madam Re: PetWons: PUDA-PL2010-388: DOA-PLlOIO-I052: PUDZ-PL2010-t054 Hearing: 8.30am February 17"'.2011 Thank you for your letters dated January 28. 2011 regarding the aIde Cypress Development and Vita Pima hearings.. Regrettably we will be unable to attend the above hearings due to other commitments on thai date. However,as full time residents and home owners at aide Cypress we wisb to place on record tbat we fully support all three petitions and would hope that planning is granted so that construction may begin soonest We most certainly do noL want or need a 3.9 acre parI:; at Olde Cypress, Yours faithfully /ui4~ NiChOI;;::~~ V \" /;'s=::~ . C>0<>"<>~~ Dorothy Whiteley Packet Page -624- 4/12/2011 Item 8.B. Fellow Residents of aide Cypress, During the Q&A session following last Wednesday's Master Association Board meeting, a resident specifically asked if the Master Association Board would be taking a position on the two Planned Unit Development (PUD) amendment applications currently submitted to Collier County seeking approval of zoning changes. The answer was "no", the Master Board would not take a position on the PUD amendments but each individual board member, as a resident, could represent their own position. In the two PUD's the petitioner is asking the County to approve the applications to allow development of Vita Tuscana. Since that meeting, the Master Association Board Members have been individually canvassed and the sense of the board is that the Master Association Board will take a position to support the approval of the two PUD amendment applications. In compliance with the Land Development code requirements, a Neighborhood Information Meeting (NIM) will be held on Monday evening October 18th at S:30 pm at the aide Cypress clubhouse. This meeting is being heid to provide residents an opportunity to become fully aware of Stock Development's development intentions and to give residents an opportunity to influence the form of development. Respectfully, Damian A. Thomas On behalf of the OCMPOA BOD. Packet Page -625- 4/12/2011 Item 8.8. GundlachNancy From: 'lent: fo: Subject: DeselemKay Friday. February 04. 2011 11 :52 AM Richard Yovanovich; Chris Mitchell; Keith Gelder; GundlachNancy; Alexis Crespo FW: Olde Cypress Fyi. Kay Deselem, AICP, Principal Planner Zoning Services--Land Development Services Department Growth Management Division--Planning & Regulation Phone: 239-252-2931 Fax: 239-252-6357 kavdeselem@collieraov.net From: Frances Chinn lmailto:fran<;:",s_cbLn_o!g~hQtr:rli3jLcomJ Sent: Friday, February 04, 2011 11:07 AM To: DeselemKay Subject: Olde Cypress Dear Ms. Deselem: We are residents of Olde Cypress and are writing this e-mail to get on record that we feel Stock Development should meet its obligation of building a park and nature trails within our community. Although Olde Cypress is a lovely community and we have lived here since 2001, it is lacking in some ammenities. Having the park and nature traiis were promised when we first purchased our property, and we feel those commitments and obligations should be honored. The 'ark and nature trails can be included within the Vita Tuscana community, and we strongly urge the Planning Committee j reject Stock Development's request to relieve them of this responsibility. Thank you. Fran and Dave Chinn "'"""-~-"""-~'--'""""~'-'--"-'---'~----------~""----",'"""'-~_..",."",~-_..__..__..,._,~".__."--,-,"~ Packet Page -626- 4/12/2011 Item 8.B. 7480 Treeline Drive Naples, FL 34119 February 4, 2011 Ms. Kay Deselem, AICP Ms. Nancy Gundlach, AICP Principal Planners Collier County Land Development Services 2800 North Horseshoe Drive Naples, FL 34104 Re: DOA-PL201O-1052 PUDZ-PL20 I 0-1 054 PUDA-PL2010-388 Dear Ms. Dese1em and Ms. Gundlach, Please let me take this opportunity to comment on this pending proceeding. The issue has essentially been building for many years. When my husband and I purchased a home in Olde Cypress, we were drawn to the value for the money, the landscaping and the amenities. While neither of us are golf members nor do we play tennis, we looked forward to regularly using the fitness center (which we still do) and walking on the walking trails. We expected our grandchildren would play in the parks when they came to visit. We quickly found out that the fitness center is woefully inadequate in size - a situation which the developer has been promising to remedy for five years. The walking trails do not exist. In the mid 2000's, security guards in golf carts would order walkers off the golf course cart paths citing insurance regulations. Packet Page -627- 4/12/2011 Item 8.B, Ms. Kay Deselem, AICP Ms. Nancy Gundlach, AICP February 4,20] ] Page two The 3.9 acre park does not exist. The developer made three efforts to rectify this omission. Initially, he proposed taking part of the driving range to become a park. Predictably, a fire storm of protest from the golfers rejected that idea. Secondly, he added a "park" within feet of Immokalee Road and the Cocohatchee Slough around a pond. The trail in it is typically on a 30 degree angle with several badly worn benches added as afterthoughts. Where are the parks my impact fees bought? Thirdly, and unconscionably, the developer is now requesting in these three interlocking petitions - amongst other things - that the requirement for a park be dropped because OJde Cypress is built out, county staff missed the requirement for said park (that statement was made in a public meeting in front of county employees!) and because there is no more room for a park in Olde Cypress. Sadly, in its analysis of the petitions, county staff seems to agree with the petitioner. Elimination of the 3.9 acre park requirement would be a huge miscarriage of justice and violation of county ordinances. It would add severe injury to the insults that the homeowners of Olde Cypress have endured for at least five years at the hands of the developer. Thank you very much for your time, consideration and your efforts at a fair and considerate conclusion to this situation. Very truly yours, ,----/j'.C/.l'.F 6. nil I~_/ ~/ il \, ~Sally B. Muir, Homeowner Q~~ James D. Muir, Spouse Packet Page -628- 4/12/2011 Item S.B. GundlachNancy From: Sent: To: Subject: Follow Up Flag: Flag Status: BellowsRay Thursday, February 03,2011 741 AM GundlachNancy; DeselemKay FW: RE Olde Cypress PUD Hearing Follow up Flagged Another comment for the file -----Original Message----- From: StrainMark Sent: Wednesday, February 02, 2011 7:27 PM To: BellowsRay Subject: FW: RE Olde Cypress PUD Hearing Please make sure this gets added to the CCPC packet on the 17th, thanks, Mark From: Tom Sipila [tsipila@comcast.net] Sent: Monday, January 31, 2011 7:14 PM To: StrainMark Subject: RE Olde Cypress PUD Hearing Hello Mark, As a long-standing resident of Olde Cypress, I feel Stock Development should honor the 3.9 acre park commitment along with the nature trails promised in the original PUD. While Stock Packet Page -629- 4/12/2011 Item 8.B. Development has been an honorable partner in our development over the years, upholding this commitment would only confirm the true underlying integrity of the organization. Kespectfully, Thomas Sipila 3128 Terramar Dr Naples, FL 34119 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Packet Page -630- 4/12/2011 Item 8.B. GundlachNancy From: Sent: To: Subject: Follow Up Flag: Flag Status: BellowsRay Thursday, February 03. 2011 7:42 AM DeselemKay; GundlachNancy FW: Olde Cypress and Vita Pima PUD Issues for February 17, 2011 Follow up Flagged Please add to the CCPC back-up for this item -----Original Message----- From: StrainMark Sent: WedneSday, February 82, 2811 7:26 PM To: BellowsRay Subject: FW: aIde Cypress and Vita Pima pua Issues for February 17, 2811 Please make sure this gets added to our CCPC packet for the 17th, thanks, Mark From: Chuck Slaght [chuckslaght@comcast.net] Sent: Monday, January 31, 2811 7:25 PM TO: bm~bmkre.com; AhernMelissa; HomiakKaren; StrainMark; MurrayRobert; iodiebert~comcast.net; SchifferBrad; pmedney~collier.org; ReedCaronDonna Subject: Re: aIde Cypress and Vita Pima PUD Issues for February 17, 2811 Dear Commissioners, The CCPC is hearing a proposal by the Stock Development Company to amend the aIde Cypress PUD to take out amenities that were promised in the original DRI documentation on February 17th. Packet Page -631- 4/12/2011 Item 8.B. I have included a letter, also my filing with Collier County Code Enforcement (as a violation), and an email between County Code Enforcement Nick Casalanguida and Counselor Richard Yovanovich for your review and reference (I was also disappointed in the handling of this as I never received any notification that this case was closed and why: sad state of lffairs as I had to pull this information out of them and I was the complainant). While Stock Development's counsel Richard Yovanovich states the PUD is not closed it is moving forward with another development which could easily handle the inclusion of a park (Vita Pima). So why then amend the PUD especially with the additional acreage available? I ask that when this comes before you that you "reject" the developers amendments and demand compliance with the DRI and PUD documentation. Commissioner Henning was at an Olde Cypress community meeting where this was discussed a couple of years back and has heard the community's true feelings as have others please ask for their input. While we have an Olde Cypress Master Property Owners Association (OCMPOA) it is apparent that it is not acting in the best interests of the community or it's membership (they tried to secretly make a deal with Stock Development but were caught and withdrew it). When Stock Development ran the OCMPOA with an iron totalitarian fist they could have just amended this without adversity, and we would have been caught off guard, but they have now been called on the carpet about this and tried to make an unsuitable area a park (actually was a lake and the back of a driving range) ask about that move and why it was done. If they owed nothing to the community why make the attempt to correct and provide an area with a walking trail around a lake in 2eeS or 2009??? I am sick of people not living up to their word and agreements (especially if they can buy their way out) and we as a country are now facing people who don't keep their __promises, word, and lack integrity: we can ill afford this. I am sadly disappointed that it has come down to this but we as a County can ill afford not demanding people provide as stated in the DRIjPUD documents to the letter of the law and to binding agreements between the SWFWMD (DRI) and the County (PUD) or everyone will seek to slither out of their arrangements with our citizens. If this was your community and you were promised a 3.9 acre park and you tendered money to buy your home there what would be your expectations? When people bring proposals before you do you not expect them to follow their plan and documentation? I ask you to think in this manner when looking at and applying the legal and binding rendering or recommendation to the County Commissioners that was also made many years ago by your predecessors! I hope your commission will stand up and make developers aware their word and promises are legally binding. Please place copies of this in your CCPC packages for the meeting February 17th regarding this issue. Thank you for your service to our great County. ~od Bless, 2 Packet Page -632- 4/12/2011 Item 8.B. Charles C. Slaght 2918 lone Pine lane Naples, Florida 34119 Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 Packet Page -633- GundlachNancy Subject: \ttachments: 4/12/2011 Item 8.B. FW OLDE CYPRESS PARENT Ibg.jpg; rbg.jpg; bg_letter.jpg From: Alice MacDonough [mailto:aliciamacdrOlaol.cQiJ1J Sent: Wednesday, February 02,2011 3:09 PM To: DeselemKay; StrainMark Cc: James Kress; Carole Raff Raff SUbject: aLOE CYPRESS PARENT I am a mother of 4 children living In the Olde Cypress community for the last 7 yrs VVe have been waiting many yea"s for this "park" that was supposed to be built Therefore I 3m "NOT' In favor of eiirninatlng the 3 plus acre park at Olde Cypress, vlinlch Stock IS trying to have removed from the PUD 1 believe there is more than enough propert}1 to b:Jild a small 83rk \Ne hve our cornmur"'it,/ and the ;)~Qpie who I:ve here, but feel that the young ones a"'e beinQ oushe::i to :J'i'.:: sl:Je. Stock has a wri~ten obligation ro uphold But would like for the county to excuse th9m from:t Should grged really b9 the deciding factor in thiS? T-2ach our cilildren tc I,~t your "yes" mean "yes" Ti12"k you for jeur l::'T\2 -,t,lrcs r~!iac:Do:,-,ougn- Resident of C)ia2 Cv:>ress 7,/; ~'3 Tre2ilf1r~ jr 1 ~ , I . ;.~, -, ,- ~ Packet Page -634- 4/12/2011 Item 8.B. October 26, 2010 Mr. Barry Williams. CPRP Director. Collier County Parks and Recreation Department. 15000 Livingston Road Naples, FL 34108 Dear Mr. Williams. Initially, the aIde Cypress residents with whom I have been working on the issue of the development ofa park (5) within the aIde Cypress PUDIDRI were pleased that the Collier County Parks and Recreation Department took the position in its letter dated April 3. 2008 to Mr. John-Davis Moss, AICP. Community Development Services that within the aide Cypress PUD/DRI there continues to be a requirement for the development of a minimum of 3.9 acres of parks, We II ere. however. disappointed that your offiee detem1ined in its letter to Mr. Moss that those park development requirements could be satisfactorily met by the ",..designation of3,9 acres of park on the east and west side of the westerly entrance into the PUD." I believe that the locations you refer to includes 2.1 acre lake/mortuary preserve along the eastern edge of the development (identified as the Lake 1 4 area on the aIde Cypress PUD Master Plan) and approximately 2 acres of the southern end of the existing Golf Course Driving Range (a previously approved 9.3 acre parcel). I know of no resident who I\ould support the virtual destruction of our golf course driving range to develop a 2 acre park within its southern boundaries. Furthermore, the selection of the 2.1 acre lake/mortuary preserve to serve as a second 2 acre park location is impractical and of questionable valuc to our residents, An examination of the location shows that 80% of the acreage consists of an elliptical pond with a single 6-8 ft. wide grass strip around it that was constructed with an approximate 45 degree slope. [ts located is somewhat isolated being outside of the gated area of the community (a potentia] security issue). across aide Cypress Blvd. and adjacent to Immokalee Road (road noise issues), Access would be most inconvenient for the residents as there is no parking available near the site. and those intending to walk from the community around the lake/park would need to walk practically from the Olde Cypress front gatehouse on Treeline Dr. turn south and walk down Olde Cypress Blvd. to Immokalee Road in order to safely cross aIde Cypress Blvd. at the only designated cross walk to access the lake/park area. Packet Page -635- 4/12/2011 Item 8.B. Sir, there is simply nothing there except a pond and a perimeter path around it that was not designed for walking. Under those circumstances, I seriously doubt if anyone would use the site, and I cannot envision how it could be developed further. Since your 2008 letter of recommendation, Stock Development has purchased 65.29 acres ofland within the aide Cypress PUD/DRI, fOlmally designated as one of the "Out Parcels" immediately east of the 9.3 acre golf course driving range. This parcel is presently identified as "Vita Tuscana." On June 14,20] 0, the developer submitted a petition to the county (Kay Oeselem has the action at Phuming) for a PUD Rezone for Vita Tuscana (fka HD Development) to build a maximum of 1 58 family units. I respectfully suggest that your office review again the possible location (s) for the park and recommend that the developer would best serve the interests of the entire aide Cypress Community by adding the proposed development of a 3-4 acre park within the Vita Tuscana project area. Sincerely, ~:;y :'~) J/ :~(. Y>~_ i; - I Vl...(A:'--~-- ~/ / (~mes P. Kress 2893 Lone Pine Lane Nap]es, FL 341] 9 (239) 566-74]0 cc: Mr. Steven T. Williams Ms. Kay Oeselem Ms. Nancy Gundlach ., Packet Page -636- 4/12/2011 Item 8.8. Collier County Code Enforcement: Shirley Garcia November IS, 2010 Re: aide Cypress PUD located at Immokalee Boulevard and Olde Cypress/Treeline Drive This is a complaint regarding the Olde Cypress Planned Urban Development (OC POD) located at Immokalee Road and aide Cypress/Treeline Drive, Naples 34119 and is filed against Stock Development for failure to build legally documented and promised resources/amenities for the OC PUD as required by the legal documentation presented herein. The first document is from the SWFRPC's official recommendations dated August 1986 page 11-8. Section 1 Project Impact states that for every 1,000 residents there shall be a 2 acre requirement for a park and based on the 3,500 population estimate that equates to a 6.2 acre park requirement and only 3.9 acres were planned. Additionally the 3.9 acre park was remotely located in the Northeast comer and isolated by wetlands. Table D-I shows 98.5 acres of Preservation Area~, Parks of3.9 acres, and Recreational Areas to be determined! Section 2 Remedial Aetion states that a.) "The total park size needs to be increased to Collier County standards. The parks should be more strategically located throughout the project. The parks planned for the northeast corner require pedestrian access, i.e. boardwalks through the preservation areas. All open space should have general pedestrian access." b.) "Prior to any development or construction the applicant should meet with Collier County Parks and Recreation Department to determine park needs, locations and degree of facilities to be provided." Section 3 Applicant Commitment states that a.) "A bike/jogging path will parallel major interior roads." b.) "Open space/recreation areas will be owned and maintained by the homeowners association. " The second document I am referring to is "The Woodlands" Master Development Plan map titled "Exhibit H" this map shows dotted Jines on all major roadways as indexed under the "Master Development Plan" indexed as "Bike/Jogging Trail." Petitioner: Immokalee Road Partnership & Greg Cabiness; Project Engineers: Hole Montes & Associates; Land Planner: Julian Bryan,.. The third document is from the 2000-37 PUD Section IV pages one and two "Land Use and Regulation." Special attention is drawn to section 4.01 "Purpose" and 4.05 "Recreational Facilities and Schedule" starting at sentence three. "The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. I.) Clubhouse and Golf Course with 18 holes. tennis and related country club facilities (125.14 acres); 2.) Swimming Pool; 3.) Bicycle Paths and Sidewalks; 4.) Nature Trails; 5.) Passive recreational uses of wetlands and transitional areas (preservation 176.2 acres minimum) and; 6.) Parks (3.9 acres minimum)." The bold emphasis is on uncompleted commitments/requirements of the OC PUD and earlier SWFRPC official recommendations. Packet Page -637- 4/12/2011 Item 8.B. The current developer, Stock Deve]opment, is seeking an amendment to the aide Cypress PUD and the original I believe it was "The Woodlands" development! Code enforcement should become involved and make a determination as to violations ofthe original and current PUD requirements, enforce code, and recommend denial of any amendment of documented recreational amenities for the ac PUD to the Collier County Planning Advisory Board and Collier County Board of Commissioners of the amended aide Cypress PUD currently under consideration. Further I believe your agency should demand that the developer meet the standards (letter of the law) of the "Land Use and Regulation" agreement of the 2000-37 PUD, original mapping/platting (The Woodlands), and the recommendations of the SWFRPC documented from August 1986 for "all" recreational amenities as negotiated and promised to Collier County officials and all owner-residents within aide Cypress PUD (advertised and bought into this community concept ofa park, bike paths, and nature trails). Please forward this to the Collier County Planning and Advisory Board and the Collier County Board of Commissioners. Please assign a Code Enforcement Case number and email me this number so I can follow the case. Thank you very much for all your hard work for the citizens of Collier County. Very Respectfully, Charles C. Slaght 29]8 Lone Pine Lane Naples, Florida 34] 19 239-398-3739 chucks]aght@comcast.net Packet Page -638- 4/12/2011 Item 8.B. GundlachNancy From: Sent: To: Cc: Subject: DeseJemKay Tuesday, February 01,2011 9:39 AM GundlachNancy BellowsRay FW: Olde Cypress PUDIDRI For your file Kay Deselem. AICP, Principal Planner Zoning Services--Land Development Services Department Growth Management Division--Planmng & Regulation Phone: 239-252-2931 Fax: 239-252-6357 kavdeselem@collierQovnet From: suelwine rmailto:suelwineio:'stny.rr.comJ Sent: Tuesday, February 01, 2011 9:20 AM To: DeselemKay Subject: Olde Cypress PUD/DRI Dear Kay: Ref: Existing Obligation for Development of 3.9 acres (minimum) of Parks and a Series of Nature Trails Ref: Collier County Planning Commission Meeting at 8:30 a.m. on Thursday, February 17,2011 As a resident of Olde Cypress for 8 years, I am very disappointed that the 3.9 acre Park and Nature Trails project is being taken off the table. I am a very avid biker and advantage of these wonderful trails. The promise of a park and nature trail is one of the reasons I bought in this de' advertised as one of the amenities if purchasing a home in this community. We are not allowed to use the golf paths even after hours due to insurance, etc. The only place we have is the street outside the development. I've also had family and friends visit that would love to roller blade, but the development sidewalk and streets are no activity . I would appreciate your attention in reconsidering the reinstating of this Park and Nature Trail for the use of Olde C: Thank you, Sue Dunlap Packet Page -639- 4/12/2011 Item 8.B. Collier County Board of County Commissioners Collier County Planning and Zoning Advisory Board Collier County Urban Planners October 18, 2010 Re: PUDZ-PL20l0-l054 and PUDA-PL201O-388 Dear Honorable Madame's and Sir's, I am writing this letter to voice my objections to the passage of both the amendment and revision/rezoning to the aIde Cypress PUD and the Vita ad hope you will see the error in both planned urban development changes. First I want to address PUDA-PL201O-388 the (Olde Cypress Development) issue. I have no issues with reducing the projected density from 1100 to 942 dwelling units. I do take issue with the elimination of trails and park (3.9 acres minimum) however. I believe especially the DR! and the PUD both stated that "there needs to be" and "there would be" a 3.9 acre park with nature walking trails! I also understand that PUD designs change BUT do not eliminate the general elements (homes, golf courses, parks, etc.). I further understand there can be amendments to PUD designs but that this does not include changing DR! requirements or represent major changes. Secondly, let me say that at no time until the present (2010) has anyone precluded the lake and nature trails for the PUDIDR! and that almost ALL homes were sold with the "lake/nature trails" listed as amenities and this is the reason many people bought home sites and built in the Olde Cypress PUD/development! Please check the DR! carefully and let me know about this issue. Even though the Stock Development Company was not listed as the original developer the Stock Family funding "was" part of the original party to the origination of the PUD, its layout, and the actual development of Olde Cypress (please look at all the documents for principal parties). All parties entered into a legal and binding agreement with Collier County Commissioners such that they could proceed, develop, sell, and profit from the residential lots, dwellings, and amenities (a golf course could produce income) that were developed. The listing of a park and nature trails was included in brochures, the aide Cypress sales website, and sales documents handed out by Stock sales representatives (mine came from Chris St Cyr a Stock Development licensed realtor). As these amenities are presented as an inducement to buy with entitlements (usage and equity) I find it fraudulent Packet Page -640- 4/12/2011 Item 8.B. for anyone to try and back out of a legal agreement (both with Collier County and resident-owners). Recently Stock Development in an attempt to satisfY the requirements of the PUD and the DRI document attempted to develop a park with a singular walking trail at the entrance to the aIde Cypress community. This was outside our gated community and thus fatally flawed (no parking, dangerously located next to major canal, a lake actually served as the park aspect when the driving range directly across the street was not acceptable to the community or the golf members). While Mr. Brian Stock may say this was done by a subordinate VP after a heated community meeting, where resident-owners stated emphatically they wanted their park and nature trails, it was therefore an attempt to rectifY Stock Development's requirement for a park and nature trails, and validated through an action Stock's requirement to have a park and nature trails as required in the PUD/DRI document and agreement with County Commissioners. One more factor there are NO amenities for children in our community (1 am told there are 50+/- children currently). 1 am not asking for a 3.9 acre park with playground equipment all 1 want to see is a park with "green space" for children to say kick a ball around or play catch as promised. All children currently play in the street and this is a huge safety issue and we have terrible drivers (you can ask)! Nature trails are a push unless they are elevated walkways in our current preserve areas but a park should be available for everyone. Finally, if you were promised something and you paid good money for this with this and it was a selling point/promise wouldn't you want this for your family (especially for the children) and we aren't talking small amount but a major even lifetime investment? 1 believe and 1 am hoping it is your duty and responsibility to follow the letter of the law and reject the administrative amendment (PUDA-PL2010- 388) request and direct Stock Development 10 provide a park and walking trails and/or enter binding mitigation with "all resident-owners" individually to find an appropriate legal solution (not the aIde Cypress Master Property Owners Association as this is an issue far too important for a five person OC POA Master Board to determine a legal and responsible solution). Next let me address PUDZ- PL I 054 (VITA PIMA Vita Tuscana RPUD) and some concerns. 1 am genuinely concerned with Stock Development request to rezone this land as I believe the current zoning is appropriate and allows Packet Page -641- 4/12/2011 Item 8.B. development within their current community design perimeters. It is my understanding that Stock Development does not currently own the area on their representative Vita Tuscana RPUD map where they are requesting the 33 multi-family dwellings to be located (to be obtained later?) but even if they do own it, it is difficult to see how this could be incorporated into Vita Tuscana RPUD due to possible slough separation. I also have a problem with the fact that this RPUD will need access onto our roadway system (Treeline Drive) which is another separate PUD (commercial area to the east with access seems only logical solution as it appears landlocked). What are the ingress and egress plans for the multi-family dwellings and the RPUD in general? While we may have a few issues with allocating access to the single family dwellings of Vita Tuscana RPUD we certainly do have insurmountable issues for multi-family access to our community as we are a single family type gated community. Ifwe are having issues with a park and nature trails within our PUD how are we going to be able to control the VT RPUD as well as the 33 multi-family dwelling issue. I do not like to see something placed with "vague promises" or hearing that "that will not happen" in a rezoning request (33 multi-family dwellings) as it eventually becomes a right for the developer as enacted by the County Commission. Now pair this with the request to administratively amending and taking out the Park and Nature Trails from our Olde Cypress PUD and all of this is just not right: see the logic? Please contact me if you have any questions. I thank you for your time, for your service, and for your dedication I am hoping you will see the validity in my request for denials of both requests and will act in our best interests as I would for yours and your families! God Bless, cr~ C~ Charles C. Slaght 2918 Lone Pine Lane Naples, Florida 34119 Packet Page -642- 4/12/2011 Item 8.B. October 18, 2010 R Nancy Gundlach and Kay Dcselem Growth Management Division Department of Land Developmcnt Services 2800 North Horscshoe Drive Naples, Florida, 34104 Subject: Olde Cypress PUDIDRl Existing Obligation for Development of 3.9 acres (minimum) of Parks and a Series of Nature Trails (unspecified length) Dcar Planners: In accordance with Paragraph 4.05.4 (Nature Trails) and 4,05.6 (Parks), SECTION IV, Olde Cypress PUD/DRI. dated December 28. 1999, the subjcct obligations were specifically established for the developer to undertake in the process of developing the Olde Cypress community, I ask that the Collier County Planners recommend to the County Commissioners that Stock Development not be relieved of its responsibility to meet its obligations under paragraphs 4.05.4 and 4.05.6 of the PlIO/DR!. My position on this matter is predicated on the follov.ing facts and observations. a. On June 8, 2010. Christopher R. Mitchell of Waldrop Engineering submitted a request (referencing PUDA-PL201 0-388) to Ms. Gundlach asking that she support his request to the Commissioner on behalf of Stock developmcnt to revise the language of paragraph 4.05.6 striking any referenced obligation for a ".., park requirement." Mr. Mitchell based his request on the following hypothesis: "During The original ~onil7g applicaTiol7 review and permiTTing, Seaion 4, OJ, 6 was included Thar requires 3,9 acres Ilninimum) o/park locaTed within the PI'D,DR! /Joundary. The 3. 9 acre park was proposed to he in the northw('s1 curncr o(The DR! per the rUD l710sler plan suhmiTTed with The applicatiun During the review process, the land use along the casTern houndary u(The I'L'IYDR! was revised Iu exc/ude any and all development, inc/uding The required park acreage, at the request of' Collier Counly stallto reduce impacts 10 the environmentally sensitive area, The area along the eastern houndw)' was revised in The master plan to he wetlandpreserve, yet The language in Section .;, OJ, 6 was never revised to exc/ude the requirement o( the park" Packet Page -643- , 4/12/2011 Item 8.8. b. I question the validity of the above request for relief for the following reasons: 1) The fact that the County staff purportedly directed the revision of the northeast boundary of the Master Plan to exclude the introduction of any park land in the wetland/preserve area in no way relieved the developer of his responsibility to develop a minimum of 3.9 acres of parks and the establishment of Nature Trails in other areas located within area project's 538+ acres as the community was being developed. 2) In paragraph 9.02 B, SECTION IX, General Development Commitments, it states: 'The design, criteria and lay-out illustrated in the Master Plan and Development Plan shall be understood as flexible so thatthefinal design may comply with all applicable requirements (my italics) and best utilize the existing natural resources." 3) Now that the development of the initial area project is completed and the developer made no effort to meet his initial obligation by developing park lands and Nature Trails in the remaining 500+ acres (less the wetlands/preserve areas) as the community was being built out, he asks that the County relieve him of the obligations because they no longer existed once the initial parks locations were taken off of the Master Plan diagram. Based on in the facts as outlined in sub- paragraphs b, I) and 2) above, his conclusions about no longer having an obligation to develop the park land and Nature Trails are without merit, 4) If the developer believes, as he told those Olde Cypress residents present at a September 22,2010 public meeting held at Olde Cypress, that once the parks were removed from the original Master Plan in the early development stages of the project, he no longer had any obligation to develop a park elsewhere within the community, then why did a former Stock Development VP meet with a group ofOlde Cypress residents in the 2007/2008 Winter Season acknowledging that the park had not been developed, and saying that the only place remaining within the community that Stock Development can think of to establish it was at the southern end of the cxisting Golf Driving Range? I A suggested location, I might add that is outside of the gated portion of our community, thereby open to public access, and located right next to the traffic noise of Immokalee Road, c. As the substantial majority of the Olde Cypress residents are golfers and opposed the virtual elimination ofa full size Golf Driving Range so that a 3.9 acre park could be established at its southern end, and as no other practical location 1 Note tbat County Commissioner Tom Henning was present at this meeting held at the Olde Cypress Club House. -, Packet Page -644- 4/12/2011 Item 8.B. currently exists within the original Olde Cypress area project, I suggest that Stock Development revise its recent petition: PUDZ-PL201 0-1 054 that requests a PUD Rezone for Vita Tuscana (ib HD Development) to include the addition of a 3.9 acre park and a small Nature Trail complex within the additional 65.29 acres to be developed within the overall expanded Olde Cypress PUD/DR!. [ thank you for your consideration of this important issue. Sincerely, (~ " . " . (t 7'U~" "~'lCS p, Kress 2893 Lone Pine Lane Naples FL 34 1 19 (239) 877-160 I "") " J,kLV~-' An Olde Cypress resident 3 Packet Page -645- 4/12/2011 Item 8.B. ORDINANCE NO. 11-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-37, AS AMENDED, BY AMENDING SECTION I ENTITLED "STATEMENT OF COMPLIANCE"; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES AND SCHEDULE"; AMENDING TABLE I ENTITLED "OLDE CYPRESS LAND USE SCHEDULE"; AMENDING SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES"; AMENDING SECTION 7.02 ENTITLED "MAXIMUM DWELLING UNITS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. The Olde Cypress PUD and DRl was originally approved as The Woodlands PUD and DRI; and WHEREAS, The Woodlands PUD and DRl master plans were revised to eliminate development on the eastern portion of the project including, but not limited to, the elimination of a park and road; and WHEREAS, when The Woodlands PUD and DRI master plans were amended to eliminate a park and road, the PUD document failed to delete certain references in the text to those improvements; and WHEREAS, Richard D. Y ovanovich, Esquire of Coleman, Y ovanovich & Koester, P.A. and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County Commissioners to amend Ordinance No. 2000-37, to delete certain improvements from the Olde Cypress PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE Section I entitled "Statement of Compliance", item 5 of Ordinance No. 2000-37, as amended is amended to read as follows: 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density ofil 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is Words Etwsk thre~€l11 are deleted; words underlined are added, 1014 Olde Cypress PUDI PUDA.PL201O-388 Rev, 3/18/11 Packet Page -646- 4/12/2011 Item B.B. consistent with the Collier County Growth Management Plan density rating system. SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities bicycle and jogging trails and preserve areas. SECTION THREE: AMENDMENTS TO PROJECT DENSITY Section 4.03 entitled "Project Density" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is approximately 538.1 acres, The maximum number of dwelling units to be built on the total acreage is .f-;-W\l 942. The number of dwelling units per gross acre is approximately H 1.75. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. SECTION FOUR: AMENDMENTS TO RECREATIONAL FACILTIES AND SCHEDULE Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000-37, as amended, is hereby amended to read as follows: The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related cOlilltry club facilities (125.14 acres); 2. Swimming pool; 3. Bieycle paths and sSidewalks; 4. Nature Trails; Olde eypr." PUDI PUDA-PL201 0-3RR Rev, 311 Rill Words Etr~GI, thrG~gh are deleted; words underlined are added, 20f4 Packet Page -647- 4/12/2011 Item 8.B. 4. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits. 6/ Parks (3.9 acres miflimum). SECTION FIVE: AMENDMENTS TO TABLE I Table I of Ordinance No. 2000-37, as anlended, is hereby amended to read as follows: TABLE I OLOE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 4-;+I-G 942 Units ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACES LAKE/PRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 154.07 Acres 12.5 Acres 169 A Acres 2.1 Acres 176.2 Acres *SEE ALSO SECTION 8.13 OF THIS ORDINANCE SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE Section 5.02 entitled "Permitted Uses and Structures", item Co4a of Ordinance No. 2000- 37, as amended, is amended to read as follows: 4. Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eltwen hundred (1100) units nine hundred fortv-two (942) units. Words struok throu\lR are deleted; words underlined are added. 3014 Olde Cypress PUDI PUDA-PLZOIO-388 Rev, 3118111 Packet Page -648- 4/12/2011 Item 8.B. SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No, 2000-37, as amended, is hereby amended to read as follows: 7.02 MAXIMUM DWELLING UNITS A maximum number of -l-;-I-OO 942 residential dwelling units may be constructed on lands designated "R". SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2011. ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 50("'" 3'I'C"1 CP\ JO-CPS-O 1044\34 Words Etr~Gk tRr"~~R are deleted; words underlined are added. 4 of4 Olde Cypress PUD! PLJDA-PL201O-388 Rev, 3/18/11 Packet Page -649- 4/12/2011 Item 8.B. 20D · Tuesday. March 22, 2011 . Naples Daily News NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 12, 2011, in the Boardroom, 3rd Floor, Administration BuildIng, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. the Soard of County Commissioners will consider the enactw ment of a County Ordinance. The meeting wHl commence at 9:00 A.M. The title of ~he proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN, TY. FLORIDA, AMENDING ORDINANCE NUMBER 2000,37,AS AMENDED. BY AMENDING SECTION I ENTITLED "STATEMENT OF COMPLIANCE"; AMENDINGSEC, nON 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4,03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4,OS ENnTIEO "RECRE, ATIONAl FACILITIES AND SCHEDULE"; AMENDING TABLE I ENTITLED "OLDE cy, PRESS LAND USE SCHEDULE"; AMENDING SECTION" S,02 ENTlTI.fD "PERMITTED USES AND STRUCTURES"; AMENDING SECTION 7.02 ENTITLED "MAXIMUM DWEll, ING UNITS"; AND PROVIDING AN EFFECTIVE DATE.~- Copies of the proposed Ordi('lance are Qn file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be hearcL NOTE: All persons wishing to speak on any. agenda item muSt register'Wlth the County admmistrator frior _ to presentation of the agenda. item to be addressed. Individual speakers wil be limited tq 3 minutes,on any item., The selection of an'in- dividual. to speak on behalf of an organization or group is encouraged. If recog. niled 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 W~k5 prior to the respective public hearing. In Clny 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 th'e public hearing. All material used ill presentations before the Board will become a permanent part ohhe record. . Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure. that a verbatim record of the proceedings is made, which record includes the testimony andevi~ dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to -par- tiCipate in this proceeding, you are entitled, at no cost to- you, to the provision of' certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Ta'!liami Tnil East, Building W, Naples, floriCla 34112, (239) 252-8380. Assisted listening devices. for the hearing impaired are avaitabte in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COlliER COUNTY. FLORIDA FRED COYLE, CHAIRMAN DWIGHT E_ BROCK. CLERK By; Martha Vergara, Deputy Clerk (SEAL) Marth 2J 2011 Nn1RQ4,97 'll.lli .""" ""~ " . Packet Page -650-