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Agenda 10/11/2011 Item # 8A/� 10/11/2011 Item 8.A. EXECUTIVE SUMMARY PUDZ- 2007 -AR 12292: Cope Reserve RPUD -- An ordinance amending - Ordinance Number 2004 - 41, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or *maps; by changing the zoning classification of the herein described real I roperty from the Estates (E) Zoning District to the Residential Planned Unit Development (RPUD) >. Zoning District for a project to be known as the Cope Reserve RPUD. The project proposes a total of 43 single- family detached dwelling units in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 14.3f acres; and by providing an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS.• The project known as Cope Reserve RPUD, proposed to develop a total of 43 single - family detached dwelling units. As depicted on the PUD Master Plan on the following page, sole access to the property would be from Cope Lane, an east -west roadway that would form the northern boundary of the property. The development would be served by a single, 50 -foot wide cul-de -sac roadway, subject to approval of two associated deviations being requested. The exact alignment, as well as the placement of dwelling units along it, would be determined:at the time of platting or site development plan (SDP) approval. Approximately 1.92 acres along the property's eastern and northeastern boundary, representing 60 percent of the site, would be maintained as preserve. For additional information, please refer to the staff report prepared for the CCPC. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development; on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Packet Page -15- 10/11/2011 Item 8.A. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject site is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as depicted in the Future Land Use Element [FLUE] and on the Future Land Use Map in the GMP. This Subdistrict permits residential development (variety of unit types) at a base density of four dwelling units per acre (DU /A). This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments (PUD). The purpose of the Urban Residential Subdistrict is to allow higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The residential uses proposed in this PUD are consistent with the Urban Mixed Use District/Urban Residential Subdistrict. This request proposed to develop the 14.3 -acre site at a density of three Dwelling units /acre for a total of 43 dwelling units. That density is within the eligible density for the FLUE. A detailed analysis of the project's consistency with the FLUE, and any other relevant GMP Elements is contained in the attached Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on April 7, 2011, and by a vote of 9 to 0, recommended forwarding the amended request (see below) to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to be made to the PUD document: Exhibit A: Remove zero lot line -, townhome -, and multi - family dwelling; Exhibit B: 1. Remove the Property Development Regulations for the uses that have been eliminated; 2. Revise the footnotes that addressed eliminated uses; Exhibit C: Remove buffering requirements that addressed eliminated uses. Exhibit F: 1. Revise Transportation Condition #2.B to more clearly state the improvements to be made to Cope Lane; 2. Remove Conditions #3 that contained Fire Code conditions because the listed conditions are reiterations of Code requirement. Add Exhibits G -1 and G -2 that show the Cope Lane proposed Turn Lane (G -1) and the Cope Lane Cross Section (G -2). The petitioner has made these revisions to the PUD document that is included in the draft ordinance. LEGAL CONSIDERATIONS: This is a site specific rezone from an Estates (E) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Packet Page -16- 10/11/2011 Item 8.A. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. I . Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Packet Page -17- 10/11/2011 Item 8.A. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? Zr 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.I1], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Packet Page -18- 10/11/2011 Item 8.A. BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. (STV) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, A1CP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application 3) Ordinance Packet Page -19- COLLIER COUNTY Board of County Commissioners Item Number: 8.A. 10/11/2011 Item 8.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- 2007 -AR- 12292: Cope Reserve RPUD -- An ordinance amending Ordinance Number 2004- 41, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning classification of the herein described real property from the Estates (E) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. The project proposes a total of 43 single - family detached dwelling units in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 14.3± acres; and by providing an effective date. Meeting Date: 6/14/2011 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 3/24/2011 10:58:56 AM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 5/17/2011 3:29:07 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 5/18/2011 11:25:44 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 5/18/2011 5:21:31 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Packet Page -20- Date: 5/20/2011 10:35:39 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/24/2011 7:29:19 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 5/24/2011 10:07:24 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/27/2011 11:47:27 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 6/6/2011 9:35:24 AM Name: OchsLeo Title: County Manager Date: 6/6/2011 11:14:01 AM Packet Page -21- 10/11/2011 Item 8.A. 10/11/2011 Item 8.A. w. COtt C014ftty TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: APRIL 7.2011 SUBJECT: PUDZ- 2007 -AR- 12292, COPE RESERVE RPUD IW:Zol101:- 11youl` /gI:I y,?wa211 Lem ►Y11ff MIA Owner /Applicant Agents: Highland Properties D. Wayne Arnold, AICP Mr. Richard D. Yovanovich, Esquire of Lee & Collier County, Ltd. 3800 Via Del Rey Coleman, Yovanovich & Koester, P.A. 6980 Sandalwood Lane Bonita Springs, FL 34134 Northern Trust Bank Building Naples, FL 34109 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Estates (E) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Cope Reserve RPUD. GEOGRAPHIC LOCATION: The 14.3± acre subject property is located at the southeastern corner of Cope Lane and County Barn Road in Section 8, Township 50 South, Range 26 East, Collier County, Florida. (See location map and proposed PUD Master Plan on the following pages) Approval of this project, known as Cope Reserve RPUD, will allow development of a total of 43 dwelling units comprised of single - family detached, single - family attached, multi - family and townhouse unit types. As depicted on the PUD Master Plan on the following page, sole access to the property would be from Cope Lane, an east -west roadway that would form the northern boundary of the property. The development would be served by a single, 50 -foot wide cul -de -sac roadway, subject to approval of two associated deviations being requested. The exact alignment, Cope Reserve RPUD, PUDZ - 2007 -AR -12292 April 7, 2011 CCPI Revised: 3/21/11 Packet Page -22- Page 1 of 17 10/11/2011 Item 8.A. 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U i tl� z Z O N N N ¢ N W x W W ry W CKmK B < aa�a yw It (� \ W Z O n n u n 0 of > Fes-- QQQZ c?� 1¢ U' c° a¢ ¢° Q 5 Zm w ¢ ry o �y F•. tl3 N ¢¢`� 2O m 8.A. 10/11/2011 Item 8.A. as well as the placement of dwelling units along it, would be determined at the time of platting or site development plan (SDP) approval. Approximately 1.92 acres along the property's eastern and northeastern boundary, representing 60 percent of the site, would be maintained as preserve. SURROUNDING LAND USE AND ZONING: North: Cope Lane, then a County -owned water retention area South: a five -acre tract developed as a school, and an undeveloped five -acre tract, both tracts have a Provisional Use [now called a Conditional Use] for a private school and a Conditional Use for the replacement of an existing 280 foot tall communication tower (there does not appear to be a tower on site), both tracts have an underlying zoning designation of Estates East: single- family home sites with a zoning designation of Estates West: County Barn Road, then 1.92 -2.5± acre sized tracts along Wilmar Lane some of which are developed with single - family homes with a zoning designation of Estates Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSIS'T'ENCY: The subject site is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as depicted in the Future Land Use Element [FLUE] and on the Future Land Use Map in the GNP. This Subdistrict permits residential development (variety of unit types) at a base density of four dwelling units per acre (DU /A). This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments such as Planned Unit Developments (PUD). The Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3121/11 Packet Page -25- Page 2 of 17 10/11/2011 Item 8.A. purpose of the Urban Residential Subdistrict is to allow higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The residential uses proposed in this PUD are consistent with the Urban Mixed Use District/Urban Residential Subdistrict. The Density Rating System provides for a base density of 4 dwelling units per acre in the Urban Residential Subdistrict. The site lies within the residential density band around Mixed Use Activity Center #6, thus the site is eligible for a density bonus of up to three DU /A. Density is calculated based upon the gross project acreage. Therefore, based upon the project's location, it is eligible for up to 7 DU /A. Base Density 4 DU /A Density Band + 3 DU /A Eligible Density 7 DU /A x 14.3 acres =100 DUs This request proposed to develop the 14.3 -acre site at a density of 3 DU /acre for a total of 43 dwelling units. That density is within the eligible density for the FLUE. In reviewing for compliance with Objective 7 and subsequent Policies (shown in italics) regarding Smart Growth principles (interconnections, loop road, sidewalks /trails, etc.), staff provides the following analysis in bold text. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project will have access to Cope Lane, a local road that exits onto County Barn Road, a collector road. Transportation Planning staff has determined direct access to County Barn Road is not desirable, and is prohibited in Exhibit F, item 2.A.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The PUD Master Plan indicates a single access point directly onto Cope Lane; direct access to County Barn Road is not provided and is prohibited. The project has one internal, cul- de-sac road. Due to the small size and configuration of the subject site, a loop road is not possible.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (Given the project's small size and configuration, and its proposed development pattern, interconnections to the north, east and south are not feasible and would arguably serve little purpose. To the north are two parcels of about 2% acres each, fronting on Cope Lane; both are zoned E- Estates and each contains a single- family dwelling. To the east is a 2% -acre parcel zoned "E" and containing a single - family dwelling, also fronting Cope Lane. To the south is an institutional use (private school) on a 5 -acre parcel zoned "E," fronting on County Barn Road; and east of that is an undeveloped 5 -acre parcel zoned "E ".) Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21111 Packet Page -26- Page 3 of 17 10/11/2011 Item 8.A. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (A sidewalk will be provided within the community. The PUD provides preserve areas and allows for a variety of housing unit types.) Based upon the above analysis, Comprehensive Planning Staff finds the proposed PUD consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the five -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Mitigation is provided as required. This mitigation is proposed in the form of Cope Lane improvements up to the project driveway, as well as an agreement to accept, attenuate, and store stormwater for Cope Lane improvements along the property frontage (at no cost to the County). Also, the owner has provided a 50 -foot wide reservation along County Barn Road for the purposes of accommodating drainage and utilities associated with the future County Barn Road widening. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed changes to the PUD documents. Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GNP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion with the additional buffering and setbacks to be provided to ensure consistency with GNP FLUE Policy 5.4 (See Zoning Analysis later in this report). The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. .ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to ^ Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPr' Revised: 3/21111 Packet Page -27- Page 4 of 17 10/11/2011 Item 8.A. support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff is recommending approval subject to the Environmental condition contained in Exhibit F of the PUD document. Due to the amended LDC requirements, this project is not required to be heard by the Environmental Advisory Council unless that action is a directive of the CCPC or BCC. The project site consists of 12.8 acres of native vegetation that generally consists of cypress /pine /cabbage palms, palmetto prairie, pine flatwoods and hydric Melaleuca. A minimum of 15% of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The proposed 1.92 -acre wetland/upland preserve area is located along the western portion of the project site. No listed species were found on site. Impacts to the jurisdictional wetlands on the rest of the project site shall be mitigated for through the South Florida Water Management District (SFWMD) permitting process at the first development order. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues. County Barn Road Impacts: The first concurrency link that is impacted by this project is Link 10, County Barn Road between Davis and Rattlesnake Hammock. The project generates 16 p.m. peak hour, peak direction trips, which represents a 1.86% impact. This segment of County Barn Road currently has a remaining capacity of ( -2) trips, and is currently at LOS "F" as reflected by the 2010 AUIR The applicant has agreed to provide mitigation in the form of Cope Lane improvements up to the project driveway, as well as an agreement to accept, attenuate, and store stormwater for Cope Lane improvements along the property frontage (at no cost to the County). Also, the owner has provided a 50 foot wide reservation along County Barn Road for the purposes of accommodating drainage and utilities associated with the future County Barn Road widening. No subsequent concurrency links are significantly impacted by this project. Fire Review: Fire Review staff has reviewed this petition and recommends approval if the following stipulations are included: 1. The cul -de -sac shall comply with the adopted fire code and shall measure a minimum 40 feet from center of cul -de -sac to the center of the roadway. This will require a minimum 100 foot diameter; and 2. Fire hydrants shall be installed pursuant to NFPA 24 and spaced in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Article Numbers HYD 09 -1, HYD 09 -2, HYD 09 -3 and HYD 09 -4. The petitioner's agent the petitioner has revised the PUD document to include these items. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CGPC Revised: 3121111 Packet Page -28- Page 5 of 17 10/11/2011 Item 8.A. Zoning Services Review: The Master Plan shows the location of the preserve area, detention 10-11, areas and the internal cul -de -sac roadway. The residential area is shown along both sides of the roadway. The residential areas can be developed with any combination of the uses proposed; there are no delineations on the Master Plan to show specific areas that may be developed with a particular product type, such as detached single - family dwellings, townhouses or multi - family structures. In all cases, the proposed property development regulations would govern where units would be placed. Buffers are shown, with a note stating the buffer type , either 15 foot wide Type B or a 10 foot Wide Type A, will be determined when development approvals are sought—Site Development Plan or Plat. The LDC requires a Type A buffer to separate single family uses from adjacent single- family development, and a Type B buffer to separate single - family uses from multi - family uses, as shown below (within different projects not lot line to lot line within the same development). The proposed buffers are LDC compliant for the use separations involved. TYPE 'A' BUFFER X10 —1- 4' L 1— H5Y AT P4ANTIt�{, 2A, C e X_ X A', r TYPE '9' BUFFER ml With the setbacks proposed in Exhibit B of the PUD document, the Property Development Regulations Table, principal structures built within this project can be within 40 feet of the perimeter property line. (Note: Accessory uses could be within 6 -10 feet depending upon whether the setback is a side or rear boundary.) FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses /densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. The FLUE designation for this site would allow the neighboring property owners as well as this applicant to seek much higher density that what is proposed in this project. The site is eligible for up to 7 dwelling units per acre, but the applicant is only seeking to develop at a density of three units per acre (see previous GMP discussion). ,^ Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -29- Page 6 of 17 10/11/2011 Item 8.A. However, the adjacent Estates zoning district is a much less intense zoning district and is in fact categorized as an Agricultural zoning district in the LDC nomenclature (LDC 2.02.02.A). The lots in this zoning district are much larger, with bigger setbacks than what is proposed within this development (see table above). The adjacent eastern tracts along Cope Lane are developed with single - family homes; there are no zero -lot line, townhouse or multi- family uses. As originally proposed, the homes in Cope Reserve could be as close as 155 feet from a three - story, 45 -foot high multi- family structure (135' as shown below plus the proposed 20 -foot rear setback for a multi- family structure). The master plan does indicate that a detention area will be located in the "corner," which will help separate the uses to some extent. That separation will soften the effects of this development upon the easternmost house, but as originally proposed, this development could have structures relatively close to the house in the middle. DEVELOPMENT COPE RESERVE RPUD ESTATES STANDARDS SINGLE TOWNHOME SINGLE MULTI - FAMILY FAMILY FAMILY Principal structures DETACHED A'T'TACHED & ZERO LOT LINE Minimum lot area 5,000 sf /unit 1,408 sf /unit 3,500 s.f. per N/A 2.25 ac unit Minimum lot width 50 feet 16 feet 35 feet N/A 150 feet Minimum floor 1,000 s.f 1,000 s.f 800 s.f 800 s.f 1,000 s.f. area Min front yards 20 feet 20 feet 20 feet 20 feet 75 feet Min side yard 6 feet 0 ffet or 6 0 feet or 6 feet3 7.5 feet 30 feet Min rear yard 15 feet 15 feet 15 feet 20 feet 75 feet Min preserve 25 feet 25 feet 25 feet 25 feet 25 setback Min. Distance 12 feet 12 feet4 12 feet4 20 feet 0 feet between structures Max. Building height 35 feet 35 feet 35 feet Zoned 35 feet 40 feet 35 feet 40 feet 30 feet Actual 35 feet Not to exceed 3 stories 2 stories Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -30- Page 7 of 1 10/11/2011 Item 8.A. (Depictions are approximate) In response to staff concerns, the petitioner has agreed to reduce the height to '15 feet zoned height (40 feet actual) for multi - family and townhouse units, provide a perimeter property setback in addition to the side and rear setbacks for the houses located along Cope Lane to the north and east of the subject site as shown in the dotted line above. The petitioner has revised the PUD to include a 25 -foot wide building setback for single - family detached structures and a 40 -foot wide building setback for any structure other than a detached single family home. In addition, the petitioner has agreed to provide an enhanced buffer in that same area should the subject site be developed with townhouses or multi - family units. This enhanced buffer would be a C buffer type as shown below. ao;j E 4e%A,1 W 57y3 i O_e IREEs TYPE "C' BUFFER. zc' A With the reduced height, increased setbacks and enhanced buffer, staff is of the opinion that this project will be compatible with the adjacent uses and zoning in that area shown. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -31- Page 8 of 17 10/11/2011 Item 8.A. Deviation Discussion: The petitioner is seeking two deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. Deviation #1 seeks relief from LDC Section 6.06.01.0 that requires a local road right -of -way to be a minimum of 60 feet wide, to allow a 50 -foot wide right -of -way for roadways within the development. Petitioner's Rationale: The applicant provided the following justification for this deviation: The revised roadway width and cross - section are justified for the Cope Reserve RPUD due to the limited number of units served by the local street. The site does have native vegetation which must be retained and requiring additional right -of -way that is unnecessary would only serve to further impact the developer's ability to retain and impact the least amount of native vegetation. The 50 foot wide local road cross- section is sufficient to accommodate necessary paving and utilities for the project, and the 50 foot cross - section has been previously approved by the County as an acceptable width. Staff Analysis and Recommendation: This deviation would allow the developer to provide narrower roadways within the development. The HOA can control traffic via posted speed limits and project design. The petitioner could reduce the number of units proposed to accommodate �—. the required right -of way, however because the roadways will not be county - maintained, staff does not object. Therefore, the deviation seems appropriate. Zoning and Land Development Review staff would recommend APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief from LDC Section Section 6.06.01.J, Street System Requirements, which limits cul -de -sacs to a maximum length of 1,000 feet to permit a cul -de -sac approximately 1,225 feet in length. Petitioner's Rationale: The applicant provided the following justification for this deviation: The deviation is warranted due to the necessity to retain 2± acres of native vegetation in the largest contiguous configuration. Further, the County Transportation Department has requested project access from Cope Lane rather than County Barn Road. If project access were provided from County Barn Road, the cul -de -sac would not exceed 1, 000 feet. Staff Analysis and Recommendation: Having the access to serve this project on Cope Lane rather than County Barn Road will help preserve the capacity of County Barn Road to serve as a collector road. Staff does not object. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -32- Page 9 of 17 10/11/2011 Item 8.A. Zoning and Land Development Review staff would recommend APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safetv and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Stairs responses to these criteria are provided in bold, non - italicized font]: PUD Findincs: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed rezone and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant provide adequate assurances that the proposed change will not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions, to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). 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 and the zoning analysis of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. Cope Reserve RPUD, PUDZ - 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -33- Page 10 of 17 10/11/2011 Item 8.A. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development must comply 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. The area has adequate supporting infrastructure such as road capacity (with the limitation noted above), wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking two deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -34- Page 11 of 17 10/11/2011 Item 8.A. Rezone Findines: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed changes. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the COME. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed rezone is appropriate given the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone) would not create an isolated zoning district because lands to the east (Falling Waters) and lands to the north (Seacrest Upper and Lower School) are also zoned PUD. r r S ACRE T LFALLING arva ERS CDPE LOWER (� SCHOOL J RESERVE (P) i Excerpt from PUD Map 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn, bringing the Estates zoned land within the FLUE Urban Mixed Use District into a more urban zoning district. Cope Reserve RPUD, PUDZ - 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -35- Page 12 of 17 10/11/2011 Item 8.A. a. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the rezone to allow the owner the opportunity to development the land with uses other than what the existing zoning district would allow. Without rezoning, the Estates zoned tracts could not be developed with the proposed uses or with the proposed property development regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed rezone, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore, the proposed rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time. The project will minimally increase traffic at the intersection of Cope Lane and County Barn Road. However, the vehicles entering and exiting this site will not be travelling past this subject tract's property eastern boundary (Cope Lane does not currently connect with any other public roads to the east—it dead ends at the Santa Barbara Boulevard extension), thus the roadway east, where other single -family home sites exist will be not impacted by passerby traffic. 8. Whether the proposed change will create a drainage problem; The proposed rezone should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations do not indicate that exceedingly tall structures would be included in the project; therefore the project should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -36- Page 13 of 17 10/11/2011 Item 8.A. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property currently has a zoning designation of Estates. The tract could be developed n within the parameters of that zoning designation; however, the petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The petitioner proposes to develop a maximum of 43 residential units (at a density of 3 units per acre). The units could be any combination of single -family or multi -family dwelling units. The petitioner has proposed property development regulations to allow establishment of those uses. Staff is of the opinion that the development standards and the developer commitments ensure that the project is not out of scale with the needs of the community if the Transportation Planning staff stipulations are adopted. 15. Whether is it 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 particular zoning petition. The petition was reviewed on its own merit for compliance with Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -37- Page 14 of 17 10/11/2011 Item 8.A. the GMT and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project would undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels o {service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezone process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING MW The NIM meeting was duly noticed by the applicant and held on September 30, 2010. D. Wayne Arnold, agent for the applicant opened the meeting at 5:35 p.m. In attendance was Kay Deselem representing Collier County. At the time the meeting began, four residents were in attendance. A sign -in sheet was provided at the entrance of the meeting room and three of the four attendees signed in. Aerial photographs of the site and surrounding area, and a copy of the conceptual site plan were displayed. Mr. Arnold gave a brief explanation of the rezone application, project location, and description of the proposed uses. Mr. Arnold requested that anyone in attendance wishing to obtain updated information about the project could provide his or her email address and his office would provide notice of the public hearing schedule. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21111 Packet Page -38- Page 15 of 17 10/11/2011 Item 8.A. Due to the size of the meeting, questions were allowed to be asked during the presentation. Questions raised were in regards to water management, landscape buffering, size of berm, improvements to Cope Lane, building types and heights, project density and compatibility with the surrounding area, hearing dates, zoning process and development time frames. Mr. Arnold addressed the water management preliminary design and requirements of the State and County, the landscape buffer types and widths adjacent to the residences on the northern boundary, Cope Lane improvements and the proposed building heights. Ms. Deselem addressed the hearing process, Cope Lane improvements and project density. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Deselem. The meeting was adjourned at approximately 6:20 p.m. [Submitted by the petitioner's agent] COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on March 17, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- 2007 -AR -12292 to the BCC with a recommendation of approval. Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/21/11 Packet Page -39- Page 16 of 17 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAY ND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES ' V L LIAM D. LORENZ, JR, / P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES NICE CASA'EXT4GtAbX, I7E , ADMINISTRATOR GROWTH MANAGEMENT DIVISION 10/11/2011 Item 8.A. f15 //l DATE DATE C,3 DATE z / -# DATE Tentatively scheduled for the June 14, 2011 Board of County Commissioners Meeting Cope Reserve RPUD, PUDZ- 2007 -AR -12292 April 7, 2011 CCPC Revised: 3/18/11 Packet Page -40- Page 17 of 17 Coe COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION County >r 10/11/2011 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR: ❑ AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) REZONE (PUDZ -A) PUDZ- 2007 -AR -12292 REV:5 PETITION NO COPE R Project: : 20050 2005090021 PROJECT NAME Date:9/24/2010 DUE: 10 /22/10 DATE PROCESSED APPLICANT INFORMATION ❑ PUD TO PUD NAME OF APPLICANT(S) HIGHLAND PROPERTIES OF LEE AND COLLIER LTD. ADDRESS 6980 SANDALWOOD LANE CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239.566.2780 CELL # FAX # 239.263.7207 E -MAIL ADDRESS: NAME OF AGENT D. WAYNE ARNOLD, Q. GRADY MINOR AND ASSOCIATES, P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34134 TELEPHONE # 239.947.1 144 CELL # FAX # 239.947.0375 E -MAIL ADDRESS: WARNOLD @GRADYMINOR.COM NAME OF AGENT RICHARD D. YOVANOVICH, ESQ., COLEMAN, YOVANOVICH & KOESTER P.A. ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239.435.3535 CELL # FAX # 239.435.1218 E -MAIL ADDRESS: RYOVANOVICH@CYKLAWFIRM.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Revised May2010 Packet Page -41- Co - e, r County n COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net P-0 N o N r 0 n ASSOCIATIONS Complete the following for all registered this petition. Provide additional sheets if the Board of County http: / /www.colliergov .net /Index.aspx ?page =774 Association(s) that could be affected by necessary. Information can be found on Commissioner's website at NAME OF HOMEOWNER ASSOCIATION: FALLING WATERS MASTER ASSOCIATION INC. MAILING ADDRESS 7200 DAVIS BLVD CITY NAPLES STATE FL ZIP 34104 NAME OF HOMEOWNER ASSOCIATION: 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 ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Revised May2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CoCev County 10/11/2011 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). 7: c. Revised May2010 of Name and Address Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. of Name and Address Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. of Name and Address Ownership Packet Page -43- O a� O N r O Co Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier- gov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address % of Ownership Highland Properties of Lee and Collier, Ltd., 6980 Sandalwood Lane, Naples, FL 34109 Samuel Hubschman, 491 Wedge Dr., Naples, 34103 33.33% Teryl Be rent, 5147 Seahorse Ave., Naples, 34103 33.33% Harrison Hubschman, 6980 Sandalwood LN, Naples, 34109 33.33% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. % of Name and Address 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. Revised May2010 N/A Name and Address COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Coev County x 10/11/2011 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net g. Date subject property acquired ® June 1986 !eased I ' Term „f lease sire /Mes If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Revised May2010 Packet Page -45- Core- County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PROPERTY LOCATION Detailed legal description of the property covered by the application: Q 0 . 1199, PAGE 849 eo THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET AND THE WEST 50 FEET OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND T- 0 O.R. 1200, PAGE 199 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS 50 FEET ALONG THE WEST LINE FOR RIGHT -OF -WAY, COLLIER COUNTY, FLORIDA. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 08 / 50S / 26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00403200009 and 00403160000 Metes & Bounds Description: COMMENCE AT THE SOUTH QUARTER (1 /4) CORNER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00'44'56" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 1357.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 89 °17'58" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTH WEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 1,281.70 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF COUNTY BARN ROAD A 100 FOOT WIDE RIGHT -OF -WAY; THENCE RUN NORTH 00 °43'48" WEST, ALONG SAID EAST RIGHT -OF -WAY LINE, FOR A DISTANCE OF 645.58 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF COPE LANE A 60 FOOT WIDE RIGHT -OF -WAY; THENCE RUN SOUTH 89 °26'18" EAST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, FOR A DISTANCE OF 615.70 FEET; THENCE RUN SOUTH 00 °48'22" EAST, ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST 1/4 OF THE SOUTH WEST 1/4 OF SAID SECTION 8 FOR A DISTANCE OF 308.54 FEET; THENCE RUN SOUTH 89 °22'08" EAST, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHWEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 665.42 FEET; THENCE RUN SOUTH 00 °44'56" EAST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 339.35 FEET TO THE POINT OF BEGINNING; CONTAINING 14.315 ACRES, MORE OR LESS. Size of property: ft. X ft. = Total Sq. Ft. Acres 14.3± Address /general location of subject property: The subject property is located on the southeast corner of Cope Lane and County Barn Road Revised May2010 10/11/2011 Item 8.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net PUD District (LDC 2.03.06): ® Residential ❑ Community Facilities ❑ Commercial ❑ Industrial ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section /Township /Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the E. Estates zoning district(s) to the RPUD, Cope Reserve Residential Planned Unit Development zoning district(s). Present Use of the Property: VACANT Proposed Use (or range of uses) of the property: Single family detached, single family attached, townhome and multi - family dwelling units Original PUD Name: Ordinance No.: EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based Revised May2010 Packet Page -47- Zoning Land Use N E Cope Lane ROW and County Detention Area S P.U.E., CU Son Rise Christian Church E E Single family residential W E Single family residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section /Township /Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the E. Estates zoning district(s) to the RPUD, Cope Reserve Residential Planned Unit Development zoning district(s). Present Use of the Property: VACANT Proposed Use (or range of uses) of the property: Single family detached, single family attached, townhome and multi - family dwelling units Original PUD Name: Ordinance No.: EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based Revised May2010 Packet Page -47- Co 16eir County n, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.13) 1. The suitability of the area for the type and pattern of development proposed in Q relation to physical characteristics of the land, surrounding areas, traffic and 06 access, drainage, sewer, water, and other utilities. E °D The surrounding area is developed with a variety of residential, community facility, and governmental service uses. Access to the project is proposed via Cope Lane at o the intersection of Cope Lane and County Barn Road. Water, sewer and other N utilities are available to serve the 43 unit project. 0 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The entire PUD is under unified control of the applicant. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) The proposed residential PUD is consistent with the Collier County Growth Management Plan. Compliance with the various goals, policies and objectives is discussed in the Statement of Compliance Section of the PUD Document. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD permits only residential dwelling units and accessory uses. Properties to the east and north are zoned estates and are developed with single family houses. The proposed project at a maximum density of 3 dwelling units per acre is compatible with existing development. The PUD master plan identifies the location of residential areas, as well as the buffers for the project. Revised May2010 Comer County 10/11/2011 Item 8.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier-gov.net 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The LDC requires that residential only projects provide 60% of the project site as open space. The applicant has not requested a deviation from this requirement. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Necessary public infrastructure is presently in place to serve the proposed project. No level of service impacts result from the 43 dwelling units proposed within the project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed RPUD includes all properties under unified control of the applicant. No expansion plans are proposed beyond the limits of the subject 14.3± acre property. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The master plan and development standards proposed for the property are in keeping with standards previously authorized in other PUD's. All documents are prepared in a form deemed legally sufficient by the County Attorney's Office. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. Revised May2010 Packet Page -49- (D 0 N 0 co �ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net NOTICE: This application will be considered "open" when the .determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue Drocessino or otherwise actively pursue the rezoning for a I)eriod of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section I0.03.05.Q.) Revised May2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION co Pier County 10/11/2011 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUD AMENDMENT (PUDA) - PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE STANDARD REQUIREMENTS= 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary ❑ ❑ Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) ❑ ® ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 %2" x 1 1" copy ❑ ® ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 %" x 1 1" copy ❑ ❑ Original PUD doc /ord and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD ❑ ❑ Revised PUD application with changes crossed thru & underlined ❑ ❑ Revised PUD application w /amended Title page w /ord #'s, LDC 10.02.13.A.2 ❑ ❑ justification/ Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) ❑ ® ❑ Copies of the following:. Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 ® ❑ List identifying Owner & all parties of corporation 2 ® ❑ Owner /Affidavit signed & notarized 2 ® ❑ Covenant of Unified Control 2 ® ❑ Completed Addressing checklist 2 ® ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 ® ❑ Historical Survey or waiver request 4 ® ❑ Utility Provisions Statement w /sketches 4 ® ❑ Architectural rendering of proposed structures 4 ❑ Survey, signed & sealed 4 ® ❑ Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to httn : / /www.colliergov.net/Index.as page =566 7 ® ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1" =400' 5 ® ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 ® ❑ Copy of Official Interpretation and /or Zoning Verification 1 ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation 2.03.08.A.2.a.(b)Lc. r ------------------ - - - - -- -------------- - - - - -- --------------- -- Applicant /Agent Signatur Date Revised May2010 Packet Page -51- Gerry J. Lacavera, State of Florida Prevention Plan ", LDC Section 10/11/2011 Item 8.A. PUDZ- 2007 -AR -12292 REV S COPE RESERVE Project: 2005090021 Date:9 /24 /2010 DUE: 10 /22/10 Cope Reserve RPUD Project Narrative The project Developer intends to create a Residential Planned Unit Development (RPUD) of 43 dwelling units on 14.3 + /- acres of land located in.Section 08, Township 50 South, Range 26 East, Collier County, Florida. The project access will be from Cope Lane, and the conceptual master plan identifies the proposed residential development tracts, proposed dry detention areas, and approximately 1.92 acres of retained native vegetation. The project proposes a single point of access to Cope Lane and the internal road network will consist of a single cul de sac. The applicant has requested two deviations from the Land Development Code, both relate to the roadway standards for local cul de sac streets. The Developer proposes to construct the cul de sac within a 50' wide right -of -way in lieu of the standard 60' right -of -way cross section for local streets. The proposed 50' wide right -of -way cross - section is sufficient to provide for appropriate vehicular travel lanes, utilities, and sidewalk. The Developer has also requested that the cul de sac exceed 1,000' in length due to the required access connection from Cope Lane as opposed to County Barn Road, and the need to provide an uninterrupted native vegetative preserve area. A more thorough discussion of the deviation request has been provided in the Deviation Exhibit to the RPUD. The, site is undeveloped, and is presently zoned E, Estates. Surrounding properties are also zoned E, Estates; however the land use pattern immediately adjacent to the property contains a mixture of single family homes, as well as, community facility and essential services uses. The property to the north, across Cope Lane is owned by Collier County and is utilized as a storm water retention area. Immediately to the South is the former Son Rise Church, which is now operated as the Eimerman Education Center. The Cope Reserve RPUD provides buffers and residential development standards appropriate for development of low density homes adjacent to both residential and non- residential land uses. The development of single family, two- family and townhomes on the subject property is compatible with the surrounding community. Growth Management Plan Consistency The development of Cope Reserve RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan, Future Land Use Element and other applicable regulations, unless deviations are authorized by the Board of County Commissioners. The entire 14.3± acres of the subject property is within the Urban Mixed Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The base residential density of 4 dwelling units per acre is reduced to a maximum of 3 dwelling units per acre due to the project's adjacency to the Page 1 of 2 Cope Reserve RPUD Packet Page -52- N 0 N 0 Traffic Congestion Zone. The permitted residential density is calculated as 14.3 acres x 3 dwelling units per acre = 42.9 dwelling units. In accordance with the Density Rating System description in the Future Land Use Element, the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit 0.5 or greater. The total permitted residential dwelling units within the Cope Reserve RPUD shall be 43 units. The purpose of the Urban Mixed Use Residential Subdistrict is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. The proposed residential density of the Cope Reserve RPUD is 3 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The project is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Policy 5.3 discourages urban sprawl by directing new development to the urban areas of the County. The Cope Reserve RPUD is within the urban area and represents infill development which is consistent with Policy 5.3. Several policies in the Future Land Use Element address community character and smart growth in Collier County. The Cope Reserve RPUD is a residential infill project consistent with Goal 7 and its related objectives and policies. Policy 7.3 encourages projects to connect their local streets with adjoining neighborhoods. Due to the pattern of development currently existing, direct interconnection to adjacent properties cannot be provided. However, the connection to Cope Lane does provide for shared access of the direct roadway connection to County Barn Road; thereby eliminating another driveway on the County roadway, which is consistent with Policy 7.3. The project will provide a sidewalk within the community for use by the residents, consistent with Policy 7.4 of the Future Land Use Element. The proposed Cope Reserve RPUD provides for on -site native vegetation retention consistent with Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. The proposed master plan identifies approximately 1.92 acres of retained native vegetation, which represents 15% of the existing native vegetation on the property. An Environmental Impact Statement has been prepared in support of the RPUD master plan. No listed species have been identified on the site. A Traffic Impact Statement (TIS) has also been prepared in support of the proposed residential rezoning application, which demonstrates that the adopted level of service for County Barn Road will operate an acceptable level of service consistent with Policy 1.3 of the Transportation Element of the Growth Management Plan. Page 2 of 2 Cope Reserve RPUD Details Property Record Sketches Trim Notices Current Ownership Parcel No.11 00403200009 1 Property Address NO SITE ADDRESS Page 1 of 1 10/11/2011 Item 8.A. Legal 18 50 26 W1/2 OF N1/2 OF S1 /2 OF NE1 /4 OF SW1 14 LESS N 30FT RW AND W 30FT RW, OR 1199 PG 849 *For more than four lines of Legal Description please call the Property Appraiser's Office. Section Township r —Range Acres Map No. 11 Strap No. 811 50 71 26 3.97 5B08 F777i0260B 018.0005B08 I Millage Rates Sub No. 100 ACREAGE HEADER 'r Mitlage Area School F Other Total Use Code 94 MISCELLANEOUS 268 5.699Q 5.6239 12.3229 2010 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value 1 $ 148,975.00 ( +) Improved Value 1199-849 $ 44,800.00 (_) Market Value $ 148,975.00 ( -) SOH Exempt Value & Other Exemptions ( =) Assessed Value $ 148,975.00 ( -) Homestead and other Exempt Value (_) Taxable Value 1 $ 148,975.00 (_) School Taxable Value (Used for School Taxes) $ 148,975.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. *See Instructions for Calculations ` Latest Sales History Date I Book - Page Amount 06 / 1986 1199-849 $ 44,800.00 02 ! 1964 161 -543 —�� $ 5,500.00 The Information is Updated Weekly. http:// www. collierappraiser .com/RecordDet -�' 1^'4_FolioID= 0000000403200009 2/24/2011 Packet Page -54- N r r O N r r O Details Property Record I I Sketches; Trim Notices I Current Ownership Parcel NoJJ 0640316000 71 Property Address NO SITE ADDRESS Page 1 of 1 Section 11 Township Range l Acres I Map No. Strap No. 8 11 50 26 11 9.24 5B08 502608 017.00051308 . Sub No. 100 ACREAGE HEADER Use Code 99 NON - AGRICULTURAL ACREAGE 2010 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value I $ 462,100.00 m Improved Value $ 0.00 ( =) Market Value $ 462,100.00 ( -} SOH Exempt Value & Other Exemptions ( =) Assessed Value 462,100.00 F$-4 6-2—,10-0-. 0- ( -) Homestead and other Exempt Value (_) Taxable Value $ 462,100.00 (_) School Taxable Value (Used for School Taxes) $ 462,100.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. 268 Millacte Rates School IF Other Total 5.6990 6.6239 12.3229 'See instructions for Calculations Latest Sales History Date Book -Page Amount 06/1986E- 6 / 1986 1200-199 =1 $ 82,500.001 The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp? Map= No &FolioID= 0000000403160000 2/24/2011 10/11/2011 Item 8.A. COVENANT OF UNMED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Number 00403200009 and 00403160000. No Site Address (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 (RPUD) zoning. We hereby designate Q. Grady Minor and Associates, P.A. and Goodlette, Coleman and Johnson, P.A., legal representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the . site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant ,of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner SAM u F-4– h&J0-9CHMAAJ Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 2007 by UXkJ UTA44 ;L44_& 1. who is personally known to me or has produced' as identification. Betty Jo Robertson �FY ;Commission #DD33 :,�, ; QeExplres: sEP. 14 2008 landed Thm A11=tic Bonding r,0ro Inc. Application For Public Hearing For PUD Rezone 1122/07 N (Name typed; printed or stamped) PUDZ - 2007 -AR -12292 REV: 1 COPE RESERVE00 Project: 2005090021 " " "18/07 0 0 D U E: 10/16/07 Packet Page -56- COPE RESERVE RPUD Exhibit A Legal Description O.R. 1199, PAGE 849 THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30.00 FEET AND THE WEST 30.00 FEET OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Q AND O O.R. 1200, PAGE 199 E THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHWEST 1/4, SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS 50.00 FEET ALONG THE WEST LINE FOR RIGHT -OF -WAY, COLLIER COUNTY, FLORIDA. O N r O 10/11/2011 Item 8.A. 'Y Packet Page -58- I i W. IR Mla- 'Via N,i le yf" 1. , 2 lit p W4 ..O..W9 raw_ 2- N CL I Ion Co W* Packet Page -58- AFFIDAl IT 10/11/2011 Item 8.A. PUDZ- 2007- AR -izzaz Ktv: I COPE RESERVED Project: 2005090021 Date: 9/18/07D DDUE: 10/16/07 We /I, Highland Properties of Lee and Collier Ltd being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /1 understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/[ further authorize Q. Grady Minor and Associates, P.A. and Goodlette. Coleman and Johnson P.A. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner ------------------------------ Signature of Property Owner SAPILUGL PctiMaHmAd Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of (x. �� 2007, by 2Am�r -1 F+cLe,S _t�rnA� who is personally known to me or has produced identification. State of Florida (Signatu e of Notary ublic -State o County of Collier Florida) Betty Jo Robertson a F� r P -Ts6.s ��. ,A,' CommissioneDD356305 (Print, Type, p :� �cEspires; SEE 19, 2008 yp , or Stamp Commissioned Bonded rrrn Name of Notary Public) + +1611 , Wantic Bon" — Go,1ne. Application For Public Hearing For PUD Rezone 1/22/07 Packet Page -59- LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be ettached) +?G" LA-AL IS. t^1 Fa LID (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) QO403200009 and Q0403160000 STREET ADDRESS or ADDRESSES (as applicabi®, if already assigned) No Site Address • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Cope Reserve RPUD PROPOSED STREET NAMES (rfapplicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) PUDZ- 2007 -AR -12292 REV: 1 SDP - or AR# COPE RESERVE00 Project: 2005090021 ^ Date: 9/18/070 0 DUE: 10/16/07 aL t Form must be signed by Addressing personnel prior to pre - application meeting. Not all items will apply to every project. Items In bold type are required. Forms older than 6 months will require additional review and approve] by the Addressing Q Department. 0 I E a) PETITION TYPE (check pelf cin type below, complete a separate Addressing Checklist for each Aefltlon Type) r— ❑ BL (131asting Permit) ❑ SDP (Site Development plan) j O ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) �y ❑ Camival /Circus Permit ❑ CU (Conditional Use) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement plan) ❑ EXP. (Excavation Permit) . ❑ SIPI (Insubstantial Change to SIP) i O © FP (Final Plat ❑ SNR (Street Name Change) [j >,LA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ SNC (Street Name Change — Unplatted) j 0 TDR (Transfer of Development Rights) I ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal permit) ; ® PUD Rezone ❑ RZ (Standard Rezone) 0 VRSFP (Vegetation Removal & Site F1II Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be ettached) +?G" LA-AL IS. t^1 Fa LID (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) QO403200009 and Q0403160000 STREET ADDRESS or ADDRESSES (as applicabi®, if already assigned) No Site Address • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Cope Reserve RPUD PROPOSED STREET NAMES (rfapplicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) PUDZ- 2007 -AR -12292 REV: 1 SDP - or AR# COPE RESERVE00 Project: 2005090021 ^ Date: 9/18/070 0 DUE: 10/16/07 aL t v11ZnleUUr TsU L6: 34 FAX 2399970375 ADDRESSING CHECKLIST - PAGE TWO 10/11/2011 Item 8.A. 0002/003 Project Or development names proposed for, or already appearing In, condominium documents (if application; indicate whether proposed or existing) ro osed Droiect name is Qop e Resery PUD Please Check One: ® Checklist Is to be t=axed back E] Personally Picked Up APPLICANT NAME; Sharon Umaenhour PHONE: Z39:9 4L-1 FAX: 23D-947- 376 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 Primary Number -9 Z� 9 9 . Address Number 0 Address Number.._ Address Number i f Approved by: Q * `^ Date: j Updated by: Date: II� i IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED GACWTWClApplloation FormsWdraWng C 1od di5t rev 020207_doe Packet Page -61- Page 2 of 2 10-1�1 0 1009528 MOB JUN II PH 12. h1 O01 200 000199 .COLLIER COUNTY RECORDED OR BOOK !P, E1 This instrument prepared by and when recorded return to: ^-� James W. Elkins, P.A. 1000 Tamiami Trail No., #303 Naples, FL 33940 REC 4a 1 -813- 263 -0910 ANT d GENERAL WARRANT'r DEED WILLETT E. WENTZEL, JR., the Grantor, in consideration of Q the sum of $82,500.00 received from HUBSCHMAN ASSOCIATES, LTD. a Florida-Limited Partnership, the Grantee, of 3451 East Tamiami 00 Trail, Naples, FL 33962, hereby, on this %0 June 1986► sells, bargains and conveys in fee simple to the Grantee, and the N Grantee's successors and assigns forever, the real property in a, Collier County, Florida, described The South 1/2 of the South 1/2 of the NE 1/4 of the SW T- 1/4, Section 8, Township 50 South, Range 26 East, less O 50 feet along West line for right -of -way, Collier CV County, Florida] and grants to the Grantee all appurtenant easement(s), if any. and Grantor covenants and except as provided below, O that at the time of de r 1. the rea is free umbrances; 2. lawfu of and good convey the real P. t a vested in the Grant 3. the eal o ert is not homestea pro rty; and 4, th Gra o hereb 1 d gen all warrants the ti le o al rope and w 1 fend the same a ain the lawf ms of 11 per ns homsoever. This deed a d t it t t e a r r r su ject to: 1. R t on n s n co n o Ae subdivision, l i t o sh 1 o ate to reim- p e /e same. 2. Z and other governmen re ula affecting the us occupancy of the r pe 3. Tax assessments for a bsequent years. 4. oil, d mineral interest a d, if any. 5. Easem t d 3 July 1980, a ded 1 August 1980 at O.R. 7, page 85 Records of Collier County, ri C Signed in the presence o16 /, / / WILLETT E�WENTZEL,` /J_R. 1 PUDZ- 2007 -AR -12292 REV: 1 COPE RESERVED ❑ Project: 2005090021 '� Date: 9118/070 ❑DUE: 10116107 10/11/2011 Item 8.A. .,.�...�.�.w..—= �:rwu" . '.. """`_..::r..r.�.:xt:,..r.... .. ... a.r.....�3:.a:.wa.i:�" ,'.'.7'r:�'.- .:`�L:S.:..:,•:t.. ..r:L.... 00!200 000200 OR BOOK STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, a Notary Public duly authorized in the state and WILLETT E arced above Jto take acknowledgments, personally app to me known to be the person(s) described as Grantor in and who executed the foregoing warranty deed, and acknowledged before me that said person(s) executed that warranty deed. Witness my hand and official seal in the county and State named above this 1-0 June 1986. .� No ry Publi (Notary Seal) ommissi Expires: - moo_ (Date) .0 +•. + ?. t:3, 13,15;. Deliv y t by he Grantee is hereby ackn wle e Date: 4 A 1 44 q n., a .Jsfi eciate Ltd. wentzel.wy(mh MA 6 (c:ws2000 \wadi �i► �Tr Re:O A omP 'Toy 01� �� ,Flo �� pvtiT't. F:Oa p,rtt ul GIB �� 2 i>4�'':YI:: c �•� e;= - • ^i: Ali.' :. .C1..r i� � _ Z2':'..<'': . .. `+.�1: ;. �: r:.::.' P�w ::'•.ss'pfTlhi'v{�J,ti;.�rh,::. t ..4e —. Packet Page -63- , Division of Corporations N 0 C:) T- . ...... . ..... . ........ .. . HIGHLAND PROPERTIES OF LEE AND COLLIER., LMTED Document Number Date Filed Effective Date Status . A26738 07/14/1988 None Active EVENT TYPE FILED EFFECTIVE DESCRIPTION DATE DATE -------------------------- ---------------------------------------------------- NAME CHANGE 06/07/1995 OLD NAME WAS : MMSCM-IAN ASSOCIATES [AMENDNENT L114TED THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Page 1 of 1 http://ccfcorp.dos.state.fl.uslscriptslcorevt.exe?al=DETNAM&nl=A26738&n2=DOMLP 8/10/2006 Details p.m na 1 _-F 1 10/11/2011 Item 8.A. Current Ownership Folio No. 100403160000 MV Property Address I NO SITE ADDRESS Owner Name HIGHLAND PROP OF LEE & COLLIER Addresses 2223 TRADE CENTER WAY Cityll NAPLES 711 Statell FL ZJpj1 34109 - 2035 Legal LL50 26 S112 OF S1 /2 OF NE1/4 OF SW1 14, LESS W 50FT R/W 9.63 AC OR 1200 PG 199 Section Township Range Acres 11 Map No. Strap No. 08 50 26 9.63 5B08 502608 017.00051308 I Sub No. 100 ACREAGE HEADER MLIIAI Area k1 Mtllaae Use Code 99 NON- AGRICULTURAL ACREAGE 268 13.3115 2004 Final Tax Roll Latest Sales History Land Value 0 $ 385,200.00 ( +) Improved Value $ 0.00 ( =) Market Value 11 $ 385,200.00 ( -) SOH Exempt Value �— $ 0.00 (_) Assessed Value $ 385,200.00 0(- Homestead and other Exempt Value $ 0.00 ( =) Taxable Value =1 $ 385,200.00 SC)H = "5ave wr Homes` exempt value aue to cap on assessment Increases. Date Book -Page Amount O6 / 1986 1200-19% E $ 82,500.00 The Information is Updated Weekly. hq:// www .collierappraiser.com/RecordDet Packet Page -65- ►000000403160000 1/6/2005 i a) 0 N O T— COPE RESERVE RPUD AR -12292 List Identifying Owners and Percentage of Ownership Highland Properties of Lee and Collier, Limited 6980 Sandalwood Lane Naples, FL 34109 Samuel Hubschman 33.33% Tervl Beyrent 33.33% Harrison Hubschman 33.33% Owner Listdoc PUDZ- 2007 -AR -12292 COPE RESERVE Project: 2005090021 Date: 912412010 REV: 5 DUE: 10/22/10 HUBPUD 2000 LIMITED PARTNERSHIP ANNUAL REPORT Duo By May 1, 2006 DOCUMENT #A26738 t. Entity Nerve HIGHLAND PROPERTIES OF LEE AND COLLIER, LIMITED 10 Principe( Place ct Business Ma))ing Address 2223 TRADE CENTER WAY ZZ23 TRADE CENTER WAY NAPLES, FL 34109 NAPLES, FL 34109 DO NOT WRITE IN THIS SPACE SIE:SKY, .JAMES H 1040 K TAMLWI TR. SUITE 201 NAPLES, FL 33940 10/11/2011 Item 8.A. FILED Mar 20, 2006 08:00 AM, Secretary of State 11111111110111111111011111 02232006 No Cttp-LP CR2E903 (11105) 4. FE? Number I Applied I 59- 2270548 INCIApp t L CertlHcate of lRatus Desired Q Fee R R�af(onat DO NOT WRITE IN THIS SPACE L Tne above named snt ty subfnka tots statemSM for Ina purpose at changing Its registered acute of rag stared agent, or both, In the State of Florida. i am ferrglw wsh, and acr the obligations of registered agent SIGNATURE smnwss. bad. _rod rams of,s fad srnm snRts 98=0=16. WE ME Nov= FEE IS SM0.00 After May t, 2008, Fee will be $900.00 r � A GENERAL PARTNER THAT 19 A BUSINESS ENTITY MUST SE REGISTERED AND ACTIVE 1WM TMS OFFICE. NOTE: General Partners MAY NOT be chanced on the farm; an amendment must be !Beef to ehaape a general pat tner. j IDO NOT WRITE iN THIS SPACE PUDZ- 2007 -AR -12292 REV: 1 COPE RESERVE❑ ❑ Project: 2005090021 Date: 9118/07❑ ❑ DUE: 10/16/07 14. )he by ceRlfy that fire Informalton supplied with this f� does not �uaTfy for the exemptions contained in Chapter 779, Florida Statutes t TuMef Ce,, Nat the evorinalmn rndir aced an tMs report Is true and accurate sod Graf my stgtrature shelf ha>re The saute leggaal effect as ff macre under OafA (lull (arR aQe rerai PatPtar of ate >yrrtted partnership or the teeelvat or tustee empowered to exeoute Ihis report as required by Chapter 6MQ Florida StatiMm SIGNATURE: Packet Page -67- osr -S&6 --2'780 vay" "m wt CDLVIM Nun HUBSCHIJAN, SAMUEL SrAaETnouim 2140 HAWKS RIDGE DRIVE, # 1703 I MN-51-MP NAPLES. FL 34505 9DC1AAEtiT I xw HUSSCHMAN, ALBERT srena ADatM 5215 SOLL STREET — CM- ST -Zlt NAPLES, FL 34199 vmwr tf / KqX BEYREN'T, TERYL srrT:TrA=m 5147 SEAHORSE AVE- Off-ST-al, NAPLES, FL 34103 troy r RAUR HUBSCHMAN, HARRISON srta[CtA» 101 CARICA ROAD UJ CS -ST-Ir NAPLES, FL 34M z tm matt IF Y U xAErC 2 SWIARA.S` i w pTT- ST -21F aDCUtr9iT I � xnla an-sr -zw IDO NOT WRITE iN THIS SPACE PUDZ- 2007 -AR -12292 REV: 1 COPE RESERVE❑ ❑ Project: 2005090021 Date: 9118/07❑ ❑ DUE: 10/16/07 14. )he by ceRlfy that fire Informalton supplied with this f� does not �uaTfy for the exemptions contained in Chapter 779, Florida Statutes t TuMef Ce,, Nat the evorinalmn rndir aced an tMs report Is true and accurate sod Graf my stgtrature shelf ha>re The saute leggaal effect as ff macre under OafA (lull (arR aQe rerai PatPtar of ate >yrrtted partnership or the teeelvat or tustee empowered to exeoute Ihis report as required by Chapter 6MQ Florida StatiMm SIGNATURE: Packet Page -67- osr -S&6 --2'780 vay" "m wt .• N r r O N r r O T_ :... isle im s PH a 52 o .0l �08S'.98 : MOM 00 LL1E -R COUNT:'f 'RECORDED -,OR: 860K WARRANTY DEED THiB DEED, Is made this 30th day of May , 1986, between BRUNO A. PENZO grantor and HUBSCHMAN ASSOCIATES, LTD., a Florida limited partnerahip, grantee, whose post office address is 3451 E. Tamiama Trail, Naples, Florida 33962 The grantor, in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations paid by the grantee to the grantor, the receipt of which Is hereby acknowledged, hereby conveys to grantee, the following described real property in Collier County, Florida: DOGa.7a kv.s. The West 1/2 of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 114, less the North 30 feet and the West 50 feet, of Section 8, Township 50 South, Range 26 East, Collier County, Florida. Grantor covenants with grantee, that at the time of delivery of this deed that the property Is free of all encumbrances, that lawful seisin of, and good right and title to convey, that property is vested in the grantor, that grantee shall have the peaceable and quiet possession of the property, and that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever{ except that this deed is subject to the following: 1. 2. 3. 4. Conditions, restrictions, limitations and easements of record, If any. Zoning and other governmental regulations. Taxes and assessments for current and subsequent years. The Drooerty is nQ ieg qq 44e Grantor. Signed in the STATE OF�LC COUNT O CO I HEl� the State BRUNO A. executed tl executed tt this \T to me known to be Ing warranty deed, I .ty deed. official seal in .1988. � fi � is l..)1r •� � . Thts rri9'truEilnt was prepared by- TV Toothy G: i#ains, Esquire 3174 East Tamiami Trail Naples, Florida 33962 (813) 775 -2888 Lie duly authorized in personally appeared Grantor in and who me that said person and State last aforesaid C� Notary Public �- My Commission Expires: FIOiARV pUBOC STATE OF FLOFJDR MY C061MISSI0N: EXPIR.S OCT. 3 Irdd poNM THRU GENERAL INSURANCE UND Siesky, Lehman & Espey, P.A. Received $ '� DccurTtentory Stamp Tax Cc.!iier County, FloriC erk Will am J. Reog D. C. by lmr 06 23 ff TM* •r► N J. �1 � PUDZ- 2007 -AR -12292 REV: 1 ;�;:,�� _ - COPE RESERVED ❑ Project: 2005090021 .. `.' -K:.•'.. PfOJ Date: 9/ 18/07 [] EI D U E: 10/16/07 Division of Corporations 10/11/2011 Item 8.A. HIGHLAND PROPERTIES OF LEE AND COLLIER, LINUTED Document Number Date Filed Effective Date Status A26738 07/14/1988 None Active EVENT TYPE FILED EFFECTIVE DESCRIPTION DATE DATE ----------------------------------------------------------------------------- NAME CHANGE 06/07/1995 OLD NAME WAS HUBSCHMAN ASSOCIATES AMENDMENT LIMTED TffiS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .. 11 .. - , . . . - . — Packet Page -69- -- - - - - -- -- N r O N r O Details Current Ownership Folio No.11 00403200009 Vial R 11 Property Address F NO SITE ADDRESS Page 1 of 1 Owner Name I HIGHLAND PROP OF LEE & COLLIER Addresses 2223 TRADE CENTER WAY Cityll NAPLES Statell FL Zipjj 34109 - 2035 Legal 8 50 26 W112 OF N112 OF S1/2 OF NE114 OF SW1 /4 LESS N 30FT RW AND W 30FT RW, OR 1199 PG 849 *For more than four lines of Legal Description please call the Property Appraiser's Office. Section 08 Township 50 Range 26 Acres Map No. Strap No. 4.32 5B08 502608 018.0005808 Sub No. 100 ACREAGE HEADER "1 Miliage Area °� Millaae Use Code J1 -99 11 NON - AGRICULTURAL ACREAGE 268 13.3115 2004 Final Tax Roll Land Value $ 129,600.00 ( +) Improved Value $ 0.00 ( =) Market Value $ 129 ,600.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value $129,600.00 ( -) Homestead and other Exempt Value $ 0.00 (_) Taxable Value $129,600.00 SUH = "Save Uur Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page Amount 06/1986 1199 - 849 $44,800.00 The Information is Updated Weekly. hq: / /www. collierappraiser .com/RecordDetail .asp ?FolioID= 0000000403200009 1/6/2005 I 10/11/2011 Item 8.A. AFFIDAVIT OF COMPLIANCE PUDZ- 2007 -AR -12292 Cope Reserve RPUD I hereby certify that pursuant to Ordinance 2004 -41, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses ofproperty owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per attached letters and or Affidavit of Compliance State of Florida County of Collier s list, which are hereby 0�dpa part of this The foregoing Affidavit of compliance was acknowledged before me this 14th day of September, 2010 by Sharon Umpenhour, who is personally known to me eF W e—nas (Signature of Notary Public) Pamela M. Hvvti Printed Name of Notary (Notary Seal) Packet Page -71- �';xfl cx P1AA4ELA M. 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Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., for the following described property: Approximately 14.3± acres located in the southeast quadrant of Cope Lane and County Barn Road, Section 8, Township 50 South, Range 26 East, Collier County, Florida. The petitioner is asking the County to approve this application to allow development of 43 dwelling units comprised of single - family detached, single- family attached, zero lot line, multi- family or townhouse unit types on the described property. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The .,Neighborhood Information Meeting will be held on September 30, 2010, 5:30 pm at Berean Baptist Church, 1859 County Barn Road, Naples, FL 34112. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. `sincerely, Sharon Umpenhour Planning Technician Q. Grady Minor & Associates. P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Packet Page -75- Ph. 239 - 947 -1144 • ft: 239 - 947 -0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradyminor.com Z Wj. O W W � 8 F Q ao U O J 3 Q Q 7 a 3 W w LL to d orou xwe Al n V 2 31196 0l lox 5� L^ V z Z O N L.L c� C Z O Q U O O j O N . 0 � k a g3g3e�$ g Il V9) pyrpe�� yf9�gqV� u� 33 p � Ye ��'° G i Yaeauae rsues wurtxrx fyly a _____ ___________ pNBWBg$YSLf16 y as q8 _ A rr g g v $ o _ S 61 �e E4 4 y3 rnoa wee iuxnm IE S e3 3 L�i MOtl MiTYI'YltlOiolr J n 5� L^ V z Z O N L.L c� C Z O Q U O O j O N . 0 � k a 10/11/2011 Item 8.A. Cope Reserve RPUD Petition AR -12292 Neighborhood Information Meeting September 30, 2010, 5:30 p.m. D. Wayne Arnold, agent for the applicant opened the meeting at 5:35 p.m. In attendance was Kay Deselem representing Collier County. At the time the meeting began, four residents were in attendance. A sign -in sheet was provided at the entrance of the meeting room and three of the four attendees signed in. Aerial photographs of the site and surrounding area, and a copy of the conceptual site plan were displayed. Mr. Arnold gave a brief explanation of the rezone application, project location, and description of the proposed uses. Mr. Arnold requested that anyone in attendance wishing to obtain updated information about the project could provide their email address and his office would provide notice of the public hearing schedule. Due to the size of the meeting questions were allowed to be asked during the presentation. Questions raised were in regards to water management, landscape buffering, size of berm, improvements to Cope Lane, building types and heights, project density and compatibility with the surrounding area, hearing dates, zoning process and development time frames. Mr. Arnold addressed the water management preliminary design and requirements of the State and County, the landscape buffer types and widths adjacent to the residences on the northern boundary, Cope Lane improvements and the proposed building heights. Ms. Deselem addressed the hearing process, Cope Lane improvements and project density. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Deselem. The meeting was adjourned at approximately 6:20 p.m. n Packet Page -77- PUBLIC NEIGHBORHOOD INFORMATION MEETING HELD AT BEREAN BAPTIST CHURCH, 1859 COUNTY BARN ROAD, 5:30 P.M., SEPTEMBER 30, 2010, BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATIES, P.A. AND RICHARD D. YOVANOVICH, ESQ. OF COLEMAN, YOVANOVICH AND KOESTER, P.A., REPRESENTING HIGHLAND PROPERTIES OF LEE AND COLLIER, LTD. PLEASE P._ YOUR NAME. ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS_ AS A RECORD OF YOUR ATTENDANCE. THANK YOU. NAME ADDRESS EMAIL PHONE 00 �� E' �'��17 P�l�f ZD 7s D L D�1r ��x ��• (20 /��' �c�T -� b. ��I �'�,oc S�lt'.�/ N _ 7r? -zy11 0 Cope Reserve RPUD — AR-1 2292 9.30.2010 NIM U96 �y z �N �rxw3 U ai D �• J z 12- p N rn as o w ' OW Q CuQo 0N. ' 0 �aa �� y O ° m o .L Z CY. o e M N cO Q 3 � �+ T N .rD�a,. moo Lw 0.0. >c. Es. o �>- CL 3. ai c. Z 0. mU'. E CO C11 cc* a) H w. Z 0 p O CD z O N C- L C U a . M - a +• co a ai'C CO � � Lpdrn3 a, N, Lobo as . a, ti O �. mrto a 4) 0. '0'0 �. al' 0 m' M- s � CO . c •- m z �N �rxw3 U ai D �• J z 12- p N rn as o w ' OW Q CuQo 0N. ' 0 �aa �� y O ° m o .L Z CY. o e M N cO Q 3 � �+ T N .rD�a,. moo Lw 0.0. >c. Es. o �>- CL 3. ai c. Z 0. mU'. E CO C11 cc* a) H w. Z 0 p O CD z O N C- L C U a . M - a +• co a 10/11/2011 Item 8.A. E c p: c c _m o •a� O 0'M E m= w�'' 4 aM " y 0.9-0 m'.. CL > c c ai'C CO � m'. Lpdrn3 a, N, Lobo m, M�o a, ti O �. 1- c v'3 CO CrW 10/11/2011 Item 8.A. E c p: c c _m o •a� O 0'M E m= w�'' 4 aM " y 0.9-0 m'.. CL > c c ai'C CO � m'. Lpdrn3 a, N, E- -m5 . a, ti O �. O.Q 0>'a .' '0'0 �. al' 0 m' M- s � CO . c •- m ��E� ° "1 a) E o. *' . c = r >i C p y.o 5 -' > L O" N > O d. a a) cD O Op Y Df C Q C co��a ?'moo. o >' r •a>n)m..E. ° mcdox 0. m .r a o. �i 0(' N W D' a •o. = Co.. M O v, .a © V D L 0 O ao a > m° O.. a> �. C` E, O a z o-0 . W V) c �C . i a. y CD .� y L C N N CL. O C 3 >,a :G a c C 'm CO U m c CO .� � p U W.a CL V p. � c EoC a� c ns m a 1- `�1 -�''; a� ..o E mU vc�o Packet Page -79- 10/11/2011 Item 8.A. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREQUEST . NAME OF APPLICANT (S) HIGHLAND PROPERTIES OF LEE AND COLLIER LTD. ADDRESS 2223 TRADE CENTER WAY CITY NAPLES STATE FLORIDA ZIP 34109 TELEPHONE # E -MAIL ADDRESS: CELL # ------------ - - - -M- FAX # ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): No site address Section /Township /Range 08 /50 /26 Lot: Block: Subdivision: Plat Book -------- Page #: ------ N --- Property I.D. #: 00403200009 and 00403160000 Metes & Bounds Description: (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME --- N------------- ________ d. PACKAGE TREATMENT PLANT (GPD capacity) -- --------- ------ --------- e. SEPTIC SYSTEM a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) Application For Public Hearing For PUD Rezone 1/22/07 Packet Page -80- /1 NO ❑■ /1 ■ ■ PUDZ- 2007 -AR -12292 REV: 1 COPE RESERVED D Project: 2005090021 Date: 9/18/07n DUE: 10/16/07 i a� 0 N 0 STATEMENT OF UTILITY PROVISIONS - page 2 TOTAL POPULATION T4 BE.SER�/ED: 43 Units PEAK ANDS #VE0' ' DAILY:D�MANDS A. WATER PEAK 19.404 GPD AVERAGE DAILY 12.936 GPD B. SEWER -PEAK 13.104 GPD AVERAGE DAILY 10.080 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED I � NARRATIVE' S�"ATEMET` Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A - connect to central sewer. OLER COUI,TYI"ILI't.DED�+CAIUj�I STATEII!�ENT ^! If the project is located within the .services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT' OF AVAILABILITY CA?ACIY FRAM �QTHEf� PROVIDERS nless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Application For Public Hearing For PUD Rezone 1/22/07 COLLIER COUNTY GOVERNMENT 2800 NORTH HOF 10/11/2011 Item 8.A. DEPT. OF ZONING 8, LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 341 vq 'NWW.COLLIERGOV.NET (239) 403 -2400 FAX (239) 643 -6968 PUDZ- 2007 -AR -12292 REV: 1 COPE RESERVE Project: 2005090021 REZONE - STANDARD Date: 9/18/07 DUE: 10 /16/07 PRE - APPLICATION MEETING NOTES Date: VIV167 Time: % Firm: 4 r-x,& Project Name: Applicant C� Applicant Name: Phone: Owner Name: Owner Address: /� Phone: Assigned Planner: .,/ J /►' '6 SS Meeting Attendees: (attach Sign In Sheet) Meeting Notes S'o o Cc�l rElt s e0 Zy t �l� pe- , ml l&uOwli CKsfot- °; K.&AOJq - irr.�Z�1 -' .�- s�lGr� °f'f'� ��%�rt. CL*�r�✓r.�.�e�G'_�-rt� u�...r.- tLir`. /O_f) /�/Gv't�• !- M+!.�s, �i :_SC�.vi:r�l!�_ :y,,,�,..vi.3. . ✓ ^_�.:%rr.�.-,i .L:� r_'wG:k.�f c�`s.�..! LltaC�2�G, %�" -�'� > 1`ar:��✓��", /_�� / -yv? /t-.�1.� S ` .y�'�J -0 tt- e a/yf/j 'ti/ w>fiy C'9/ � Div ��ff' a�- Ll��. L.�,Cr f b . 03 •a5 : 1�..��6�f�aQ HtsoD r rSFo ��. orb I�tc�, n � �- hl/ h2�.u.i reo� ,;A 61 ^. 10 LA, /acre i s c ay. c 44&--f c.,, ,-(-L ern: -it IM-4-, TpW5�>.'� L A41'11"% _Gpt Tr-3A2N rs 0Var--&p,:V_-1Tyr 4� LONL&f4-' W LretAe.. i, Q.eM; MC-- r4dq>ewo47 tIE�Tr -� > e; 'sas► u�T - us ��, Ljj. ; '�L - rd ,40C oN Ce,,..►cy PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW �� Sf:1.L.. Fosz .vw..�- � ..► � Comments should be forwarded to the Planner prior to the due date s1-qr_- aF /,0T6a_ M4t__..3TrA-e__T . SCHOOL DISTRICT PARKS & REC — Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EMI — EMER. MGMT — Jim UTILITIES ENGINEERING — Zamira Deltoro Von Rintein BAYSHORE/GATEWAY CDES Coordinator — Linda B. Route Sheet only TRIANGLE REDEVELOPMENT Executive Director Packet Page -82- N O N O REZONE - STANDARD (RZ) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area i Completed Application (download from website For current Form) 20 x Pre - Application meeting notes 20 X Deeds Legal's List identifying Owner & all parties of corporation 2 2 K Owner Agent Affidavit signed & notarized 2 Completed Addressing Checklist 2 Environmental Impact Statement (EIS) and digital /electronic copy o EIS or exemption justification P /`j !& CaVY.4f fj/W /-` 07 3 Historical Survey or ai er reques 4 Utility Provisions Statement w sketches Survey, signed & sealed 4 X Traffic Impact Statement (TIS) or waiver 7 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundar Electronic copy of all documents and plans (CDRom or Diskette) 1 If located in RFMU (Rural Frincle Mixed Use) Receiving Land Areas Applicant must contact Mr. Gent' J. Lacavera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. Ws: Application Fee: $6,000 + $25 per acre IQL $100.00 Fire Code Review $750.00 Comprehensive Planning Consistency Review $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre - application meeting shall not be credited towards application fees and a new pre - application meeting will be required). $2500.00 Environmental Impact Statement review fee $729.00 Legal Advertising costs for CCPC meeting (to be reconciled upon receipt of invoice from Naples Daily News ). $363.00 Legal Advertising costs for BCC meeting Transportation Fees, if required: $500.00 Methodology Review Fee, if required f Tic ►�AY�� $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required Fee Total $ ApplicantlAgent Signature Date i \, t e--k � t 10/11/2011 Item 8.A. Cc�Hc✓� Go, ZI-K -j () 6- Packet Page -84- v� To qtr T m O N r r O 44 rat t a p=t Q .Z uo i F•- W W U. 0 W Q O W a Z H U ut a d CL O Od> a C ._ O N .a. O c a LL 0 N O a 0 s O W Z J a Q �W V N Q d C O as 0 N N O a C O N N M M a W S. M N d' lqr 0 M E C O s a a � p M OO N o U O W LL Z V N y �O U c� V ui + W J �-- v ui m Ic LU Z _ CL wt \� W ; V 0 N d v O LL LU Q cr V f G � 4 W �� C 1 M OO N o U O W LL Z V N y �O U c� 10/11/2011 Item 8.A. Qmega Consulting Group PUDZ - 2007 -AR -12292 REV:4 COPE RESERVE Project: 2005090021 Date:7 /9/10 DUE: 8/6/10 SUPPLEMENT TO THE TRAFFIC IMPACT STATEMENT COPE LANE PRESERVE Rezoning JUNE 2010 Cope Lane Collier County, Florida Prepared For: Prepared By. Highland Properties of Lee and Collier, Ltd. Reed K. Jarvi, PE Omega Consulting Group, LLC 3365 Woods Edge Circle, Unit 101 Bonita Springs, Florida 34134 job # R8009.01 Packet Page -86- i7* r— 0 N 0 The analysis indicated that the estimated Cope Reserve RPUD site - generated trips are projected to be less than the 2% of the SFinax of County Barn Road. Cope Lane is not included in either the Concurrency Segment Table or in the AUIR table for 2009, therefore, was not included in this analysis. BACKGROUND AND TOTAL TRAFFIC VOLUMES Specific Link volume data were provided by the Collier County Transportation Department. Data reviewed included Collier County AUIR for 2003 -2009. The Appendix contains copies of the applicable data used. Per Collier County TIS guidelines, a 2% growth rate was used in background traffic projection analysis for County Barn Road due to the calculated growth rate being negative. Horizon year 2015 background traffic volumes on County Barn Road were developed through use of the 2009 AUIR background plus Trip Bank traffic along with projecting the AUIR 2009 peak hour volumes forward using the growth rate. Revised Tables 4 and 5 present the link - specific background traffic data with the information contained in the Collier County AUIR table for 2009 and that from the AUIR's from 2003 -2009. Revised Table 4 County Bam Ratdesnake Davis 584 108 692 Revised Table 5 _ ....... ...... _....._ ..........._., Background Traffic Volumes :: Based on Historical AUIR growth 2003 -2009 _.. 2003 2004 2005 2006 2007 2008 2009 2003 -2009 Growth: 2015 Pk Hr R Pk Hr Pk Hr Pk Hr Pk Hr Pk Hr Growth Rate Pk Hr Link From To Volume Volume Volume Volume Volume Volume Volume Rate Used Volume County Barn Rattlesnake Davis 670 690 690 660 650 666 584 -2.3% 2.0% 660 Cope Lane Preserve Page 2 C1DoalProjects 12008tR80091TransportationlR8009 ZTIS_01.dooc 10/11/2011 Item 8.A. APPENDIX • Coliier County AUIR Excerpts from 2003 -2009 Cope Lane Preserve Page 4 C\ DoalProjeca \2008\RB009\Transportadon\R8009 ZTIS_01.docx Packet Page -88- a� 0 N 0 TRAFFIC IMPACT STATEMENT COPE RESERVE RPUD FEBRUARY 26, 2008 County Barn Road Collier County, Florida Prepared For: Highland Properties of Lee and Collier, Ltd. 2223 Trade Center Way Naples, Florida 34109 Job # 81 133.02 s d � PUDZ- 2007 -AR- 12292 REV: 2 COPE RESERVE Project: 2005090021 Date: 2/29/08 DUE: 3128108 Prepared By: Vanasse & Daylor LLP 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 1 239.437.4601 F 239.437.4636 w vanday.com n 10/11/2011 Item 8.A. Table of Contents INTRODUCTION AND SUMMARY ........................................................... ..............................1 SUMMARYOFFLVDINGS, CONCLUSIONSANDRECOMMENDATIONS ........................... 1 AREAROADWAY SYSTEM ................................................................ ............................... 2 COMMITTED ROADWAY IMPROVEMENTS ................................... ............................... 2 TRIPGENERATION .................................................................................... ............................... 2 TRIP DISTRMUTIONAND ASSIGNMENT ............................................... ............................... 3 SIGNIFICANCE TEST ANALYSES ..................................................... ............................... 3 BACKGROUND AND TOTAL TRAFFIC VOLUMES ................................ ............................... 4 CAPACITYAND LEVEL OF SERVICE ...................................................... ............................... S LINKANALYSES ...........................................:...................................... ............................... 5 List of Tables Table 1 Site Generated Trip Generation estimate Table 2 Traffic Distribution Table 3 Significance Test Table 4 Background Traffic Volume Table 5 Projected Growth rate and Background traffic volumes Table 6 Link LOS Analysis Results List of Exhibits Exhibit 1 Location Map and Study Area and Studied Intersections Exhibit 2 Traffic Distribution Exhibit 3 AM Traffic Assignments Exhibit 4 PM Traffic Assignments Appendix Cope Reserve RPUD TIS Page i Packet Page -90- Table of Contents N 0 N r O INTRODUCTION AND SUMMARY Vanasse & Daylor LLP (VanasseDaylor) is providing this Traffic Impact Statement for the Cope Reserve Residential PUD zoning approval. The purpose of this study is to provide Collier County with sufficient information to assure that traffic - related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The Cope Reserve RPUD is located on the southeast comer of Cope Lane & County Bam Road intersection in Section 8, Township 50 South in Collier County (see Exhibit 1). The site area is approximately 14.3 t acres. The proposed Cope Reserve RPUD may consist of up to 43 single family dwelling units. The following Land Use program is proposed for the total project: Residential Single - family (LU 210): 43 DU The site will have one full- movement access on the Cope Lane. Only traffic generation, distribution, AM and PM traffic assignments, significance test and roadway link LOS analyses are prepared in this study. No intersections are studied or analyzed. For purposes of this evaluation, the Buildout Year was assumed to be consistent with the Collier County 2013 planning horizon. SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS The analysis indicated that the estimated Cope Reserve RPUD site - generated trips are projected to be less than 2% on County Barn Road, and that the estimated trips will have no adverse impact on the adjacent roadway link. All roadway segments are projected to operate within SFinax No roadway or intersection improvements were identified as being needed in order to accommodate the background traffic. The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the proposed project. Cope Reserve RPUD TIS Page j 1AProjects\811\ 81133 \Tr2ffic \81133RPUDTIS_Ol.doc 10—N, 10/11/2011 Item 8.A. AREA ROADWAY SYSTEM The description of the existing environment of the site and the surrounding study area, as well as the committed improvements, provides a basis for the analysis of the build -out alternative that provides a determination of the proposed project impacts. The study area for this development was determined to be County Barn Road north and south of Cope Lane. County Barn Road County Barn Road in the study area is a north -south 2 -lane collector road under county jurisdiction. County Barn Road stretches from Rattlesnake Hammock Road at south to Davis Boulevard at north in Collier County. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 mph. COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed in order to help alleviate current area road deficiencies and to support future area development. For purposes of this study, knowing that a roadway improvement is "committed" means that the characteristics of the higher -level facility may be used in the reserve capacity estimates. Roadway improvements that are currently under construction, or are scheduled to be constructed within the FY 2004 to FY 2010 time frame were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan Year 2007/2008 - 2012/2013 The committed improvements in the study area include: • Santa Barbara Boulevard 6 -lane extension from Davis Boulevard to Rattlesnake Hammock Road under design, Construction start was anticipated for late 2008 TRIP GENERATION The potential number of site - generated trips was estimated using rates from the Institute of Transportation Engineers' Trip Generation (7th Edition) and the previously presented land development program. The trip generation equations shown below were used for this report. Single - Family Detached Housing (LU 210): ADT: Ln(f) = 0.92 Ln(X) + 2.71 AM Peak Hour. T = 0.70 (X) + 9.43 PM Peak Hour: Ln(T) = 0.90 Ln(X) + 0.53 Cope Reserve RPUD TIS Page 2 1AProiects18I 1\81133%Traffic181133RPUDTIS 01.doc Packet Page -92- P-16. N y-+ r r 0 N 0 T_ The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table 1. Table I SITE GENERATED TRIP ESTIMATE AM Peak PM Peak LAND USE Size Unit ADT Total Enter Exit Total Enter Exit Single Family (LU 210): 43 DU 478 40 10 30 50 32 18 Totals 478 40 10 30 50 32 18 TRIP DISTRIBUTION AND ASSIGNMENT The traffic generated by the development was assigned to the adjacent roadways using the information on the area. The proposed site - generated trip distribution is shown in Table 2. Exhibit 2 presents the trip distribution on the roadway network. Table 2 TRAFFIC DISTRIBUTION Traffic Roadvray segment From TO Distribution. County Barn Road Rattlesnake Hammock Road Cope Lane 50% County Barn Road Cope Lane Davis Boulevard 50% Exhibits 3 and 4 graphically present the AM and PM site - related traffic assignments. SIGNIFICANCE TEST ANALYSES According to Collier County Land Development Code (LDC) Section 6.02.02: "M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant I. On those roadway segments directly accessed by the project where project traffic is equal to or greater than 2% of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 2% of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than 3% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." Cope Reserve RPUD TIS Page 3 1:\ Projects\ 811\ 81133 \Traffic\81133RPUDTIS_01.doc 10/11/2011 Item 8.A. In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 2/2/3 rule using the adopted link - specific performance standard maximum service flow rate (SF,,.,) contained in the AM in accordance with Collier County practice, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results. Table 3 SIGNIFICANCE TEST AM PEAK HOUR PM PEAK HOUR AM Peak Project PM Peak Project Peak AUIR Project Traffic as % Project Traffic as % Road Sesments From TO Dir. LOS Std Traffic of LOS Std Traffic of LOS Std County Barn Road Rattlesnake Hammock Cope Lane �\ NB 860 5 0.6% 16 1.9% Road SB 860 15 1.7% 9 1.0% County Barn Road Cope Lane Davis Boulevard NB 860 15 1.7% 9 1.0% SB 860 5 0.6% 16 1.9% The analysis indicated that the estimated Cope Reserve RPUD site - generated trips are projected to be less than the 2% of the SF— of County Barn Road. Cope Lane is not included in either the Concurrency Segment Table or in the AUIR table for 2007, therefore, was not included in this analysis. BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data were provided by the Collier County Transportation Department. Data reviewed included Collier County AUIR for 2007. The Appendix contains copies of the applicable data used. The Collier County AADT data (see Appendix) on County Barn Road south of Davis Boulevard shows negative growth in 2007. Per Collier County TIS guidelines, a 2% growth rate was used in background traffic projection analysis for County Barn Road. Buildout year 2013 background Cope Reserve RPUD TIS Page 4 I: \Projects\ 811\ 811337raffic \81133RPUDTIS_01.doc Packet Page -94- N r r C] N r r C1 r through traffic volumes on County Barn Road were projected from AUIR 2007 peak hour volumes and used in link LOS analysis in this report. This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. Table 4 presents the link- specific background traffic data with the information contained in the Collier County AUIR table for 2007 and used in the link LOS analyses. Table 4 BACKGROUND TRAFFIC VOLUMES Based on Collier County AUIR Table for 2007 Road Segments From I2 County Barn Road Rattlesnake Hammock Road Davis Boulevard LOS Directional # LOS Max PK Hr Trip Total Remaining Lanes STD Service Volume Bank Volume Capacity 2 D 860 650 160 810 50 The background traffic with a growth rate of 2% was computed for the link and is shown in Table 5. Table 5 PROJECTED GROWTH RATE AND BACKGROUND TRAFFIC VOLUMES Based on Historical ADT Growth DPK Hr Vol REM PCT of Link From TO Rate _ 2007 2013 CAPY CAPY CAPY County Barn Road Rattlesnake Hammock Road Davis Boulevard Historical ADT data used from Collier County Traffic Count 2007 CAPACITY AND LEVEL OF SERVICE LINK ANALYSES 2.0% 650 732 860 128 85.1% Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The Performance Standard Maximum Service Flow rates (SF,,,,,,) for different roadway segments were provided by the Collier County Transportation Planning Department with the AUIR Table. Copies of these data are contained in the Appendix. Table 6 presents the link analysis results. Cope Reserve RPUD TIS Page 5 I:\Projects \811 \81 133 \Traffic \81 133RPUDTIS_01.doc 10/11/2011 Item 8.A. Table 6 LINK LEVEL OF SERVICE ANALYSIS RESULTS (2013) PM PEAK W11 Std BKGD Project Total AUIR W11 Std BKGD + Road Segments From TO Traffic Traffic Traffic LOS Std BKGD Project County Barn Road Rattlesnake Hammock Road Cope Lane 732 16 748 860 Y Y County Barn Road Cope Lane Davis Boulevard 732 9 741 860 Y Y The studied links are projected to meet the level of service standards for the PM peak hours with buildout year Background and Total Traffic. The analyzed roadway segments are projected to operate within SFmax. Based on this analytical result, no further analyses are required. In addition it should be noted that the County has decided to increase the laneage on the proposed Santa Barbara Boulevard extension from four (4) lanes to six (6) lanes instead of expanding County Barn Road from two (2) lanes to four (4) lanes to address capacity issues in this area. Line 10.0 on the 2007 AUIR for County Barn Road notes the road is expected to be deficient in 2008 with the fix being the Santa Barbara Boulevard extension as a parallel roadway. With the traffic on County Barn Road actually decreasing in 2007 (see Count Data in Appendix), the road is not projected to fail within the five (5) year consistency analysis period with the project (see Tables 5 & 6). In addition, if there is any consistency issue on County Barn Road, the Santa Barbara Boulevard extension will address those because it is anticipated that trips will be diverted from County Barn Road to the Santa Barbara Boulevard extension. Therefore, we do not believe there are any consistency issues on County Barn Road. The only mitigation necessary for the project is paying of appropriate Road Impact Fees. Cope Reserve RPUD TIS Page 6 Packet Page -96- (:\Projects \81 I \81 133 \Traffic \8I 133RPUDTIS_0l .doc APPENDIX Q ■ Collier County AUIR for 2007 O E ■ Collier County Traffic Count Data 2007 N O N r r O Cope Reserve RPUD TIS Appendix _� ,. Davis Bou�leuard �� e _ _ .R iRk94„L{ t ilk = f b - ®R s s < 3-a } 't1'e ae$ f °d� j �. ' �@ �,; —•�i "w�!t".a �� 3 y :- ��„ .=' Y.,�ae,�° —"� v q 11k G r 4s`t' f r - �� = sYlYUe ilelati �� _ kty �"'t' ��.9 "'s.re :.�° �4�' «.5..1r +•.�.Lk -x�, `S tty __ � €y'rJlestY [!�?IS[IRS 4 �l.jx1 13, _t!ec[illfaneI n t�MtYas� ts af 'fti5.z.i S alli7ttu arfutef } ,� H" at: a .3S � .t � " >..- � Mir � - 9 `off epee aJ'! if� � 4 2 • - � 1 -•. i far '�k. ° � ' iiHlYn�AflaNps w� 3Ya � aJ 5 t �f 5 f N r r O N r r O T- N W E A L S 9 Not to Scale m E vii m Davis Boulevard LJ 0 0 c m 0 U o -50% L ,� -50% Cope Lane I 2 0 100% —i C. V) Project Site Rattlesnake Hammock Road an as s e 11611622 Plnad Ta6rc Engianiag In Ep*omaeaml PRM P$ Highland Properties of ilia TM tape i�ir 3n Cope Reserve RPUD �'^� t ) a l o r 0 1 1M# MM li=7 S *Wc Silt 580 Lee and Collier, Ltd. 2223 Trade Center Way Traffic DistributiorP ��+i' 1w' i ton 111M R 77987 Naples, Florida 34109 EXHIBIT 2 # ## a 279APA601 r134A7d63b February 2008 N W* E Not to Scale m m Davis Boulevard v 0 : E m H C 7 O U �— Is r— 15 `► Cope Lane I 2 10 Project Site Rattlesnake Hammock Road Packet Page -100- 10/11/2011 Item 8.A. YA6e U7L& Cope Reserve RPUD AM Peak Hour Trip Assignment EXHIBIT 3 an as s e .._......_. ......... On PJwwg Inlfic EpginlHing iza&ape A¢him m Enmonmw iciena PWAW F* Highland Properties of �^� I j ("'j * o Get Engraeering R W Lee and Collier, Ltd. 2223 Trade Center Way t1t36 New Many Baknrd Snue 6H �✓ J n 4, terc lltm EI 1310 Naples, Florida 34109 1231.437.4601 r23i:931.�636 February 2008 tw w niaoat.rom Packet Page -100- 10/11/2011 Item 8.A. YA6e U7L& Cope Reserve RPUD AM Peak Hour Trip Assignment EXHIBIT 3 r O N r r O N W E L S o Not to Scale m 0 c 0 N no Davis Boulevard Lj v 0 0 c L CD CD 0 U 9 �I- Cope Lane I F 2 a 32 —i. CO Project Site Rattlesnake Hammock Road Vanasse Urbm ltmaing WO Engineering achirecnre Highland Properties CWT F1 363 of Cope Reserve RPUD g X1139 tkp Omm�y 3kuk[u4 Sane 6U0 Lee and Collier, Ltd. 2223 Trade Center Way PM Peak Hour Trip Assignment �( Fon N1en. R 33961 Naples, Florida 34109 EXHIBIT 4 w :__��_.__....._.,. 139A37AW J139A37.4636 e raedq.can February 2008 06 E 0 0 T- Collier County Avera 'ge IiAlly Trmiffic T).C-ounts (Five Year History Ligied AlpliabotieWly) S n t t i 0 A s n 2 0 a 'M a o 1 7 1 T T P 0 Location 2003 ADT (SOW. Note '2004 ' ADT jsf)e Note 111 .2005 ADT (See N i ).Ole 2'0r3 ADT (see Note 1) 20D7 ADT ; (See Note Change D"7 (roe - Note 2), 520 Q County Barn Rd north of Rattlesnake Maim Rd (CR Bs.4) (County Facilty Road Mantenance Fa d * roveq to Davis Ibh;d 11j354 11,474 8,652 12,078 11-j175 641 A County Bam Rftouth of CC R&B Fadlity MOO t.040=1 13,777 17,426 .15i2731 A2:36% 519 0 -13,887 11.4,D8 14 461 13377 859 Q Davits. Blvd (sR-,s4)'east of Ai Rd: cn-M) :3D 153-. 30,798 .32.083 30*,'985 281� 576 -7.77%, 558, Q DaVIS Blvd (804)-we9t of Almort.Rd (CR 3il. 32,686-1 33,942 •36,444- 34,686 31,394 449% Sol. Q Da'vls *Blvd (8R s4Y.West. of Collier Blvd'(ck psil 22'i9201 25;969 26,441' 24495 '4;36% 560 Q DdV1s:BlvdjSR ag west of Radio.. Rd (cR.E56) 14,2001 14,965 1.6;475. 17,,045 15,•7• =8;08% 539 c' Q 3D.7891 32,661 34.7151 3%289 638 A Desotc..: lvd:north-ofG*oldi5nGate-Biv.d;zRa76) 1;365 1,585 2j254 2;207 2,597 17.671)/i Eg- - -A Ddscrto Blvd, . soath ofGbIdeh Cdte'Blvd CR 7$y. 1522 2,039 2;324 2,661 2,543 4.43% -70-4 S- Elkcam. .Clrcle east of Bald *Eagla Dr (CR:'s53) .7,758 8.*940IDM4nt. Discoft Disdant.. 7051 IS iElkcarn:Cirrle.w.dst.ijfBald Eb9la'Dr,,(CAt&x 4;345 .4,6801DIscont., QIscant.,.. Discont;' 636 1$ Eve. lades Blvd northldf Golden Gate Blvd .tCR 9?6Y 5:81,7 6;520, 8,103 -8,090.1 7,490: S Evertilddbs', Blvd: nbilhof 011 Well' Rd 'tog $so) - 3;')74 5,328 6,491 7.1,63 6,61a -7.61% 637 S Eve rplades B 'soufh.,cif- GOIdLnGEit6BlVd(cR67zI 4,245 t5,672 5A78 .6,765 5,7541 -14.94% 549: Q_- Flrst St south (tk Mt soft-of N14ift 12'.W I2;850 '43;7.62 14,671 531 Q Golden Gate'Blvd jFR-i,7-- .4s).,Oagt�of*jr;,.'cillia.ralVd Mig 30.01D 27;9T5 - 9.42%1 6521 Q, �Golden - -Gate Blvd (CR-am) East of Wilson Blvd 15,B011 17,190 19"665 - 19,089 17,626 --7,66% 678 c .0. Gbiden.G*gt6-BJvdICRS7.slwest-of,%Arils:on;,jBlvd 2();667.,1. 23;255 27,3401 27,24477777 508 0 1 Q FGolden Gate Pkwy,(c.R iisq): east of Alrooft (pp,$ij 28 07 .29,,536 WA=M --L� 691 Q Golden Gate-Fkwy. (QR 5as) east of Livia" istbn Road (dii SM) 21862 X� . R MUM . 34,585 605 q 0 Golden GataftwyfaR o6d), east of Santa Baroara.Ylvdl, 31-042 29,124 20,569 28,562, 507 C 0 Golden Gate PkWy (CR 8116)VeStof A(fpbrt.Rd 1cksi) 44,592 45AM. .38,779 RSi 610 s GbId6nGate PkwY (OR o8s� west COMOr- BW (CR-951) *18 640 17,783 1 9 5 9 17,908 -5.55%1 53D Q Golden Gate P JOR-880) WeSt0f.G.60dIalte Rd (Ca 861) 23.41.9. ZI-677, 21,�42 27;90.4 15D9 0 Golden Gate PbAry (CR e8s) west : of Santa,'Baibara- Blvd 29j94 ,A 24j413, 211,'811 18.011Y., 5061 c IQ Goodldtta Rd, (CR 651).rTdrth4bf.22nd- Ave north 331-1093 31;414 NOW, JERM -31,411 Q Goodletts Rd. (t.Rasq north -of Oran 9(&B1DSS-0fttDF -A& MAN 17,302 S;259 .20,283 .!0.03% 581 - Q Goodlette Rd (CFt aB!I.north..of Pine Rid qd. Rd. tcfk6i6,'j -26,783 3.50% $69 Q Goodlette Rd CR 1151),Sobth OfFirst Ave. south - ... - 28,B24 29,064, 29,244 2-9j304 27;958 -4.69% .504 Q Goodlette Rd (dR &1) gimilh of.Gbldeb G.416 PRWOdft boa) 37-,726 .38,243 30.,771' -35368 35,591: 0,63% .594 a Goodleita rd ( R e51 south of lrnmolkaI66 Rd (ck o4sy 1Z.311 It805 12,987 , 14,266 1.3;446 -5.75%, -99-5 - Q GWlettd Rd (6Rag:0. south oPDi-gr.ide:5,lossom M.- .' z 21284- .23;150 23,346 0186% 5061 C IQ Gob.dlet.teRd (CR gAly.,SoUth.df'Pitie Rid O a ROITCRegs) --=� 271,287 5421 10 Green. Blvd east df8anta Biftara-Blvd 13,852 14j261 14,214 ' 19 213 11,3194 -14-.33% 6431 IQ lGreen Blvd -west 'of Collier Blvd (ek.9si) 7:893 1 6,542 8,749 1 '8,519 7,2081 -15.39% 5.53 A Gulfshbre Dr 8o0h of. E16yAw Pr 5,545 1 6,723 7,245 4,988 3,964 20;53% 714 S HeathWood Dr north of San Marco Dr CR 94. 6,91.81 6,71-1 ETIocoriL Discont. : [Yiscont 715 S Heatfiwood Dr south of Son Marco Dr (cR s2y 5,4591 5,615 Discont D(sdoi)t. Disconi 675 C' Q lmri!6kaleEiRd(s46) east ofW]I§dni3.IVd 24, 26;970 77 625 C Q Irriffiokalee Rd (ck us � east of Goodlotte RflcR osi) 40,59D 45,386 45;620 44,234 567 cp Q Immokal6e. Rd pqms) east of Airport Rd (cR,. w) 44,91.0 46,-OSI 593 1 G IQ 1.1mmokalee Rd (CR 846) east of Collier Blvd (CR 9513 E24,231 23.353 -26,595 5681 c I Q I inimckale6 Rd (CR 946) east of IwM (sk-91) 42.W3 45i-4881 Q.794 5661 C IQ IImmokalee Rd (OR 046) east of US 41 (SR 45) (Tarnlarril'Trall) 38,985 42,088 VNIM.' 40,288 133201 IQ I Immokalee Rd (CR 846) ndrth,of Stockade Rd 8.685 8,217 0,j422 10,285 10,640 3.52% 585 C Q Immokalee Rd (CR 846) south of 011 Well Rd (cR. ass) 16,537 18,172 565 Q Immokalee Rd (cF( s46) west of US 41 (M 45) (Temlarru Trail) 17,481 16,991 191158 16,664 15,6815 -5,87T., 656 c Q Immokalee Rd west of Collier Blvd (ckosi) .(CR o4e) .25*787 1 27,431 672 Q Immokalee Road (645) 2 miles east of Everglades Blvd. 47331 4,805 UM 6,089 5,431 -10.80% 684 Q Immokalee Road (qR 846 East) 3 mites east of 2s south 1,3821 1,43.40MI 1.48 679 C Q Immokalee Road (CR 846) wastofl-75 (SR B3) 95,345 1 6741 10 1Immokalee Road fCR 846 west ofVVilson Blvd 21.3801 21;277 PWMs k% 21,5231 NOTES: 1. All stations with an InOM21ie..d.q not show an ADT, reference the Quarterly Report 2. The Change 06-07 is not shown If station Shows an 2110MBIlL Pages 3-8 of 1 january,2008 2603 - COPE RESERVE COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT August 2007 Revised February 2008 Revised December 2008° - 1 Prepared For: Highland Properties of Lee and Collier, Ltd _ 2223 Trade Center Way Naples,.Florida 34109 -2035 (239),593-0202 " i Prepared By: Passarella & Associates,' Inc. .13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274 -0067 Project No. 05BCC1255 Packet Page -104- a� 0 N 0 TABLE OF CONTENTS Page Introduction...................................................................................................... ..............................1 10.02.02 (A) 4. Information Required for Application ............................... ..............................1 a. Applicant Information ......................................................................... ............................... l b. Mapping and Support Graphics .......................................................... ............................... l c. Project Description and GMP Consistency Determination .................. ..............................4 d. Native Vegetation Preservation ................................................ ............................... .......6 e. Wetlands .............................................................................................. ..............................9 f. Surface and Groundwater Management .............................................. .............................10 g. Listed Species ....................................................................................... .............................11 h. Other ..................................................................................................... .............................14 References........................................................................................ ............................... i W 10/11/2011 Item 8.A. ^ INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for Cope Reserve (Project). This EIS has been prepared in accordance with Chapter 10.02.02 (A) 4 of the Collier County Land Development Code (LDC) (October 30, 1991, as amended February 27, 2004). 10.02.02 (A) 4. INFORMATION REQUIRED FOR APPLICATION a. Applicant Information. Responsible person who wrote the EIS and his/her education and job related environmental experience. Andrew Woodruff of Passarella & Associates, Inc., Consulting Ecologists. A copy of Mr. Woodruff's resume is enclosed as Exhibit 1. ii. - Owner(s)/agent(s) name, address, phone number, and e-mail address. Highland Properties of Lee and Collier, Ltd. 2223 Trade Center Way Naples, Florida 34109 -2035 (239) 593 -0202 b. Mapping and Support Graphics i. General location map. A project location map is provided as Figure 1. ii. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the Florida Department of Transportation — Florida Land Use Cover and Forms Classi cation System (FLUCFCS)j1999) shall be depicted on an aerial photograph having a scale ofone inch equal to at least 200 feet when available from the county. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FL UCFCS categories found on -site shall be included on the aerial. An aerial with FLUCFCS and wetlands map is enclosed as Exhibit 2. Native habitats and their boundaries have been identified on the aerial. The mapping extends at least 200 feet outside of the boundary of the property. Packet Page -106- � *�� :��&2» ��2� °� � y»«_ }� �� ; : � �� \ \� � �: \ w <� � � � > Z« 2 \| � � \ !° { ^ 10/11/2011 Item 8.A. �. iii. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FL UCFCS categories shall be provided. A topographic map is enclosed as Exhibit 3. iv. Soils map at scale consistent with that used for Florida Department of Transportation — Florida Land Use, Cover and Forms Classification System determinations. A Collier County soils map of the property is provided as Exhibit 4 and a description of these soils is provided in Table 1. Table 1. Soil Types Soil Unit ". 'Description Status 2 Holo aw Fine Sand; Limestone Substratum . H dric 14 Pineda Fine Sand; Limestone Substratum Hydric 32 Urban Land Non- Hydric V. Proposed drainage plan indicating basicflowpatterns, outfall, and off -site drainage. The conceptual water management plan prepared by Q. Grady Minor and Associates, �-� P.A. is enclosed as Exhibit 5. vi. Developmentplan includingphasingprogram, service area ofexistingandproposed public facilities, and existing and proposed transportation network in the impact area The conceptual master plan prepared by Q. Grady Minor and Associates, P.A. is enclosed as Exhibit 6. The development will occur in a single phase. vii. Site plan showingpreserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations ofproposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservations lands, conservation acquisition area, major flow ways and potential wildlife corridors. Please see the aerial with on -site preserves enclosed as Exhibit 7. The proposed on- site preserve areas are not known to abut off -site preserve areas. The on -site preserve is bordered on the north by disturbed land along Cope Lane; on the east by undeveloped, forested land; on the south by disturbed land along a church; and on the west by disturbed land along County Barn Road. There are no flow -ways or wildlife corridors associated with the on -site preserve area. 3 Packet Page -108- C. P"; 0 N 0 T_ For properties in the RLSA and RFMUDistricts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan (GMP). Please see the project location with land use designations map enclosed as Exhibit 8. Project Description and GMP Consistency Determination i. Provide an overall description of the project with respect to environmental and water management issues. The Cope Reserve property is 14.314- acres and is located in Section 8, Township 50 South, Range 26 East, Collier County (Figure I). More specifically, the parcel lies to the southeast of the intersection of County Barn Road and Cope Lane. The parcel's surrounding land uses are a mixture of single - family residential developments; institutional development; roadways; borrow area; and undeveloped, forested land. The site is generally bordered on the north by a borrow area and Cope Lane; on the south by a church and undeveloped, forested land; on the east by undeveloped, forested land and single - family conventionally zoned property; and on the west by County Barn Road. The proposed Project is for a single - family residential community. In general, the site plan was designed to develop a single - family residential community while maintaining upland and wetland preserves along the north, south, and west property boundaries. It is estimated that there are 13.294- acres of wetlands on the Project site. Wetlands on the Project site have been impacted by exotic species, particularly melaleuca (Melaleuca quinquenervia) and Brazilian pepper (Schinus terebinthifolius). The majority of the wetland impacts will occur to low quality habitats with greater than 50 percent cover of exotic vegetation. The Project proposes to preserve 1.924- acres of native vegetation within the Project site. Two listed plant species were observed on the Project site. Two Florida butterfly orchids (Encyclia tampensis) were observed in the Cypress/Pine /Cabbage Palm, Disturbed (25 -49% Exotics) (FLUCFCS Code 6249 E2) habitat. Two Florida butterfly orchids and one giant wild pine (Tillandsia utriculata) were observed in the Cypress/Pine /Cabbage Palm, Disturbed (50 -75% Exotics) (FLUCFCS Code 6249 E3) habitat. The preserve location as proposed was based on several factors. By locating the preserve on the western portion of the property, the preserve will be located within higher quality wetlands. The preserve will be incorporating the three areas mapped 4 10/11/2011 Item 8.A. as Palmetto Prairies, Disturbed (0 -24% Exotics) (FLUCFCS Code 3219 E1); Pine Flatwoods, Disturbed (0 -24% Exotics) (FLUCFCS Code 4119 El); and Cypress/Pine /Cabbage Palm, Disturbed (25 -49% Exotics) (FLUCFCS Code 6249 E2). Per Policy 6.1.1(4) of the CCME of the GNP, the proposed preserve area consists of wetlands known to be utilized by listed plant species. Drainage for the Project will be directed to the on -site dry detention areas before overflowing into the preserve areas and ultimately discharging off -site into the County Barn Road roadside swale. Additionally, the wet season water table elevation of the Project will be 8.40 feet NGVD and the dry season water table will be 6.40 feet NGVD, which is consistent with adjacent properties and on -site water level indicators. These elevations have been shown by experience to adequately address water management needs in the area while providing adequate hydration of the on- site preserve areas. ii. Explain how the project is consistent with each of the Objectives and Policies in the CCME of the GMP, where applicable. The Project as proposed is consistent with the Objectives and Policies in Goals 6 and 7 of the CCME of the GMP, for the following reasons: • Fifteen percent of the existing native vegetation will be retained on -'site and set .-. aside as preserve areas with a conservation easement dedicated to Collier County prohibiting further development. Selection of preservation areas are consistent with the criteria listed in Policies 6.1.1. and 7.1.2. • Per Policy 6.1.1(2), the proposed preserve emphasizes the largest contiguous area possible which will provide a core area that has the greatest potential for wildlife habitat. The preserve will be located within higher quality wetlands on the western portion of the property, which can serve as a core area for wildlife habitats. • Per Policy 6.1.1(3), native vegetation preserves shall be protected by a conservation easement prohibiting further development. • Per Policy 6.1.1(4), the proposed preserve area consists of wetlands known to be utilized by listed plant species. • Per Policy 6.1.1(6), a preserve area and listed species management plan has been prepared to ensure that the preserved areas will maintain natural diversity and will function as proposed. The preserve area and listed species management plan is attached as Exhibit 9. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. Packet Page -110- 0 N r r 0 9 A wetland jurisdictional determination has been conducted on the Project site by the South Florida Water Management District (SFWMD) in accordance with Policy 6.2.1. Approved wetland lines are depicted on the aerial with FLUCFCS and wetlands map attached as Exhibit 2. • Per Policy 6.2.6, the required wetland preservation areas and buffer areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts. These areas shall also be depicted on the PUD Master Plan. • Per Policy 7.1.2(2) a.1, management plans shall be prepared incorporating proper techniques to protect listed species and their habitat from the negative impacts of the proposed development. A preserve area and listed species management plan is attached as Exhibit 9. Native Vegetation Preservation Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use, Cover and Forms Classification System ( FLUCFCS). Provide a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, mid - story, and ground cover), and vegetation dominance (dominant, common, and occasional). Vegetation associations and land uses were delineated during on -site field surveys conducted in January 2005. Vegetation associations were updated during a site visit conducted with the SFWMD on October 6, 2008. An acreage breakdown of the habitat types is provided in Table 2. A description of each FLUCFCS type follows: Table 2. Habitat/FLUCFCS Types and Acreages FLUCFCS Habitat Acreage Percent Code of Total 3219 El Palmetto Prairie, Disturbed (0 -24% Exotics) 0.13 0.9 4119 El Pine Flatwoods, Disturbed (0 -24% Exotics ) 0.23 1.6 4119 E3 Pine Flatwoods, Disturbed (50 -75% Exotics ) 0.62 4.3 4241 ca, Hydric 1.49 10.4 Pine /Cabbage Palm, Disturbed 6249 E2 3.94 27.5 r(25-49% Exotics Pine /Cabbage Palm, Disturbed 6249 E3 7 86 54.9 Exotics 743 Spoil Areas 0.04 0.3 Total 14.31 100.0 0 10/11/2011 Item 8.A. Palmetto Prairies, Disturbed (0 -24% Exotics) (FLUCFCS Code 3219 El) This upland habitat has an open canopy. The sub -canopy includes wax myrtle (Myrica cerifera) and dahoon holly (Ilex cassine). The ground cover is dominated by saw palmetto (Serenoa repens) and includes wiregrass (Aristida stricta), bushy broomsedge (Andropogon glomeratus), and spermacoce ( Spermacoce sp.). Pine Flatwoods, Disturbed (0 -24% Exotics) (FLUCFCS Code 4119 E1) This upland habitat has a canopy of slash pine (Pinus elliottii), melaleuca, and Australian pine (Casuarina equisetifolia). The sub -canopy includes Brazilian pepper, myrsine (Rapanea punctata), and wax myrtle. The ground cover includes saw palmetto, little blue maidencane (Amphicarpum muhlenbergianum), myrsine, and poison ivy (Toxicodendron radicans). Pine Flatwoods, Disturbed (50 -75% Exotics) (FLUCFCS Code 4119 E3) This upland habitat is similar to that of FLUCFCS Code 4119 El, except with 50 to 75 percent cover of melaleuca. Melaleuca, Hydric (FLUCFCS Code 4241) This low quality wetland habitat has a canopy and sub -canopy of melaleuca. Also found in the sub -canopy is Brazilian pepper and slash pine. The ground cover vegetation is sparse and contains scattered spermacoce, rush fuirena (Fuirena scirpoidea), and swamp fern (Blechnum serrulatum). Cypress/Pine /Cabbage Palm, Disturbed (25 -49% Exotics) (FLUCFCS Code 6249 E2) This wetland habitat has a canopy of slash pine, cypress (Taxodium distichum), ear - leaf acacia (Acacia auriculiformis), and melaleuca. The sub -canopy includes cypress, slash pine, wax myrtle, cabbage palm (Sabal palmetto), cocoplum (Chrysobalanus icaco), earleaf acacia, melaleuca, and Brazilian pepper. The ground cover vegetation includes gulfdune paspalum ( Paspalum monostachyum), rush fuirena, yellow -eyed grass (Xyris sp.), and asiatic pennywort (Centella asiatica). Cypress/Pine /Cabbage Palm., Disturbed (50 -75% Exotics) (FLUCFCS Code 6249 E3) This wetland community is similar to that of FLUCFCS Code 6249 E1, except with 50 to 75 percent cover of melaleuca and Brazilian pepper. Spoil Areas (FLUCFCS Code 7431 This upland land use has a canopy and sub -canopy of slash pine and melaleuca. The ground cover includes spermacoce and melaleuca. ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the CCME of the GMP, and Chapters 3 and 10 of the LDC. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per,FLUCFCS category. 7 Packet Page -112- a) 0 N 0 A native vegetation map of the property is provided as Exhibit 10, and an acreage breakdown of these native habitats is provided in Table 3. Table 3. Native Vegetation Habitat Type and Acreages Fifteen percent of the native vegetation on the Project site will be set aside as a conservation easement in order to meet the native vegetation requirement (Exhibit 10). This on -site preserve area contains habitat types that are known to be utilized by listed species. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1. S of the CCME of the GMP and Chapters 4 and 10 of the LDC. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP and LDC. Not applicable. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? Ifso, identify the location and acreage of these preserves, and provide an explanation if they are d ierent from what is proposed. Not applicable. Native Non- Native FLUCFCS Habitat Vegetation Vegetation Code . Acreage Acreage Palmetto Prairie, Disturbed 3219 E1 (0 -24% Exotics 0.13 - Pine Flatwoods, Disturbed 4119 El 0 -24% Exotics) 0.23 - 4119 E3 Pine Flatwoods, Disturbed 0.62 - 50 -75% Exotics 4241 Melaleuca, H dric - 1.49 Cypress/Pine /Cabbage Palm, Disturbed 6249 E2 25 -49% Exotics 3.94 - Cypress/Pine /Cabbage Palm, Disturbed 6249 E3 7.86 - 50 -75% Exotics 743 Spoil Areas 0.04 - Totals 12.82 1.49 Minimum Retained Native Vegetation Requirement (Native Vegetation Acreage x 15% 1.92 Fifteen percent of the native vegetation on the Project site will be set aside as a conservation easement in order to meet the native vegetation requirement (Exhibit 10). This on -site preserve area contains habitat types that are known to be utilized by listed species. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1. S of the CCME of the GMP and Chapters 4 and 10 of the LDC. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP and LDC. Not applicable. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? Ifso, identify the location and acreage of these preserves, and provide an explanation if they are d ierent from what is proposed. Not applicable. 10/11/2011 Item 8.A. V. For properties with Special Treatment "ST" overlays, show the ST overlay on the developmentplan andprovide an explanation as to why these are being impacted or preserved Not applicable. Wetlands Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6 2.2 of the CCME of the GMP) according to the Florida Land Use, Cover and Forms Classification System (FL UCFCS). Include a description of each of the FL UCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, mid - story, and ground cover), and vegetation dominance (dominant, common, and occasional). Wetland determinations are required to be verified by the SFWMD or Florida Department of Environmental Protection (FDEP), prior to submission to the County. An acreage breakdown of the SFWMD wetlands located on -site is provided in Table 4. A description of the FLUCFCS categories has been provided above in response to 10.02.02 (A) 4(d)(i). Wetlands were verified in the field with SFWMD staff on October 6, 2008. The SFWMD wetland limits have been survey- located. Table 4. SFWMD /Collier County Wetlands FLUCFCS Code Habitat Acreage 4241 Melaleuca, Hydric 1.49 6249 E2 Cypress/Pine /Cabbage Palm, Disturbed 2549% Exotics) 3.94 6249 E3 Cypress/Pine /Cabbage Palm, Disturbed (50 -75% Exotics) 7'86 Total 13.29 U. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. Nails marking biological indicators (i.e., stain lines, adventitious rooting, and moss lines) of wetland seasonal water levels were set in the field on March 21, 2006. The elevations of the nails were surveyed by Bruns & Bruns, Inc. The locations of the nails are depicted in Exhibit 3. Table 5 summarizes the nail elevations. Control elevations will be reviewed during the Environmental Resource Permit process with the SFWMD. 0 Packet Page -114- Table 5. Nail Elevations for Wetland Water Level Indicators Nail No. Description Nail Elevation feet NGVD) WL -1 Bottom of moss, top of water stain on cypress 8.50 WL -2 Bottom of moss, top of water stain on cypress 8.53 WL -3 Bottom of moss, top of water stain on cypress 8.37 Q iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of 06 proposed impacts on the functions of these wetlands. Provide an exhibit showing the E location ofwetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been minimized. o The construction of the Project will result in wetland impacts to approximately N 11.3 7:L acres of on -site wetlands. Impacts will occur to wetland habitats with exotic vegetation coverage up to 75 percent. Please see the wetland impact map attached as o Exhibit 11. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the CCME of the GMP. For sites in the RFMU District, provide an assessment based on the SFWMD's Uniform Mitigation Assessment Method (E3,M* that has been accepted either by the SFWMD or FDEP. For sites outside the RFMU District, and where higher quality wetlands are being retained on -site, provide justification based on the UMAM. Wetland impacts will be permitted through the SFWMD. f. Surface and Groundwater Management Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off -site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. The water management system is being designed by Q. Grady Minor and Associates, P.A. As previously stated, drainage for the Project will be directed to the on -site dry detention areas before overflowing into the preserve areas and ultimately discharging off -site into the County Barn Road roadside swale. Additionally, the wet season water table elevation of the Project will be 8.40 feet NGVD and the dry season water table will be 6.40 feet NGVD, which is consistent with adjacent properties and on- site water level indicators. These elevations have been shown by experience to 4111 10/11/2011 Item 8.A. �. adequately address water management needs in the area while providing adequate hydration of the on -site preserve areas. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre - development conditions. This analysis is required for projects impacting five (S) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. A water quality loading analysis is currently being conducted by Q. Grady Minor and Associates, P.A. and will be provided under separate cover after the SFWMD permit has been approved. iii. Identify any Wellfield R isk Managem e nt Spe c ial Treatment Overlay Zones (WRM -S7) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM -STs. No Wellfield Risk Management Special Treatment Overlay Zones exist within the Project area. 11-111 g. Listed Species Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on- site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS). State actual survey times and dates and provide a map showing the location(s) of species of special status identified on -site. Please refer to the listed species survey provided as Exhibit 12. No listed wildlife species were observed on the property. Observed listed plant species are summarized in Table 6. Table 6. Listed Plant Species Observed on the Cope Reserve Property Scientific Name Common flame Designated Status Habitat (FLUCFCS Code FDACS USFWS Enc clia tam ensis Florida butterfly orchid C - 6249 Tillandsia utriculata Giant wild pine E - 6249 FDACS — Florida Department of Agriculture and Consumer Services USFWS —U.S. Fish and Wildlife Service C — Commercially Exploited E — Endangered 11 Packet Page -116- 91 a) 0 N 0 Additional field observations for state and federal listed species were conducted on the Project site from May 1 through 14, 2006 during red - cockaded woodpecker (Picoides borealis) (RCW) nesting season foraging surveys and on December 1, 4 through 8, 11 through 15, and 18 through 20, 2006 during RCW non - nesting season foraging surveys. The additional surveys were conducted to comply with the FWCC and USFWS guidelines. No RCWs were heard or observed during the May 2006 and December 2006 RCW foraging surveys. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Listed wildlife and plant species that have the potential to occur on the Project site are listed in Tables 7 and 8, respectively. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992); Volume III. Amphibians and Reptiles (Molex 1992); Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 7. Listed Wildlife Species That Could Potentially Occur on the Cope Reserve Property Gopherus polyphemus Gopher tortoise SSC D6si' nafed State$ Habitat Scienti fic Name.-. Picoides borealis C ommon Name , FWCC USFWS (FLUCFCS Falco sparverius paulus Southeastern American kestrel T - 4119 Code) Snowy e gret Amphibians: and Reptiles - 6249 Rana ca ito White ibis Gopher frog SSC - 3219/4119 Drymarchon corais Florida panther Eastern indigo T T 4119/6249 c ouDeri T snake 4119 Gopherus polyphemus Gopher tortoise SSC - 3219/4119 .Birds Picoides borealis Red - cockaded wood ecker T E 4119 Falco sparverius paulus Southeastern American kestrel T - 4119 E etta thula Snowy e gret SSC - 6249 Eudocimus albus White ibis SSC - 6249 1Vlanimals.` Puma concolor coryi Florida panther E E 4119/6249 Sciurus niger avicenni a Big Cypress fox ,............, T - 4119 12 10/11/2011 Item 8.A. Table 7. (Continued) FWCC— Florida Fish and Wildlife Conservation Commission USFWS —U.S. Fish and Wildlife Service E — Endangered SSC — Species of Special Concern T — Threatened Table S. Listed Plant Species That Could Potentially Occur on the Cope Reserve Property FDACS — Florida Department of Agriculture and Consumer Services USFWS — U.S. Fish and Wildlife Service C — .Commercially Exploited E — Endangered Indicate how the project design minimizes impacts to species of special status. Fifteen percent of the native vegetation will be preserved to provide habitat for listed species. Habitats known to be utilized by listed species will be preserved including Cypress/Pine /Cabbage Palm, Disturbed (50 -75% Exotics) (FLUCFCS Code 6249 E3). iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests andlor nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. A preserve area and listed species management plan is included as Exhibit 9. 13 Packet Page -118- Des nated Status Habitat Scientific Name Common Name {FLUCFCS FDACS USFWS Code Burmannia fava Fakahatchee E - 4119 burmannia Cyrto odium punctatum Cowhorn orchid E - 6249 Tillandsia pruinosa Flux -wu�' air E - 6249 Tillandsia utriculata Giant wild pine E - 6249/4119 Zamia oridana Florida coontie I C - 1 4119 FDACS — Florida Department of Agriculture and Consumer Services USFWS — U.S. Fish and Wildlife Service C — .Commercially Exploited E — Endangered Indicate how the project design minimizes impacts to species of special status. Fifteen percent of the native vegetation will be preserved to provide habitat for listed species. Habitats known to be utilized by listed species will be preserved including Cypress/Pine /Cabbage Palm, Disturbed (50 -75% Exotics) (FLUCFCS Code 6249 E3). iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests andlor nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. A preserve area and listed species management plan is included as Exhibit 9. 13 Packet Page -118- h. W 0 N 0 V. Where applicable, include correspondence received from the FWCC and the USFWS, with regards to the project. Explain how the concerns of these agencies have been met. Other No correspondence has been received from either the FWCC or the USFWS regarding this Project. For multi -slip dockingfacilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Not applicable. iii. For sites located in the Big Cypress Area of Critical State Concern — Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the FDEP. Not applicable. V. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological integrity of the site. The Proj ect will not impact any known historic or archaeological sites. According to the Florida Department of State Division of Historical Resources (DHR), no cultural survey is required for the Project. Please see the DHR concurrence letter attached as Exhibit 13. 14 10/11/2011 Item 8.A. REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550- 010- 001.a. Third Edition. Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. Rodgers, J.A., Jr., S.T. Schwikert, and A. Shapiro - Wenner. 1996. Nesting habitat of wood storks in north and central Florida, USA. Colonial Waterbirds 16:1 -21. 15 Packet Page -120- 10/11/2011 Item 8.A. ORDINANCE NO. 2011- AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, THE: COLLIER COUNTY LAND DEVELOPMENT CODE, WHIC-H INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNI NCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE. ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE E E S ( ESTAT Q ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT TO BE 10"iONVN AS THE COPE RESE RVE RP , UD. THE PROJECT PROPOSES A. TOTAL, OF 43 SINGLE FAMILY DETACHED DWE ' LLLNG UNITS IN SECTION 8, TOWNSHIP 50 -SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, CONSISTING OF +/- 14.3 ACRES; AND BY PROVIDING AN E1!FECTI17E DATE. (PETITION PUDZ-2007-AR-12292) WHEREAS, D, Wayne Arnold, ATCP of Q. Grady Minor and Associat6s, P.A., representing Highland Properties of Lee and Collier, LTD, petitioned the Board of County Cornmissioners to.ch-ange the zoning classification of the herein described real property. NOW, TH-ERE FORE, BE IT ORDAINED BY THE BOARD OF COUNTY CONWISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The 7o.ning classification of the herein described real property located. in Section 8, ToAmsh4 i 5- 0. South Range 26 E Ast, Collier Count� Florida, is changed from an Estates., (E) Zoning District to. a Residential Planned Unit Development (RPUD) Zoning District to be known as Cope Reserve RPU.D, in accordance. with Exhibits A through F attached hereto and inqorporaved herein and by reference made part hereof. The appropriate zoning atlas map or .maps as de'scribed in Ordinance ance NuRiber 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingrly. -Cope,'Resm.e/ PUDZ-2007--AR-12292 'Rev'isdd 5114/11 1 oft Packet Page -121- 10/11/2011 Item 8.A. SECTION TWO This Ordi ance shall become -e ect ive tiponJiling with the Department of State, PASSED AND DULY ADOPTED by the Board. of County Commissioners of Collier. County,. Florida;. this - day of 2 2011- ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT- E, BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency- Steven T, Willianis '5f to- Assistant County Attorney By:— FRED W. COYLE, Chainnan Attachments : Exhibit A — List of Perinitted Uses Exhibit B — DeveloPhlent Standards (Table I I Exhibit C — Conceptual Master Plan Exhibit 1) — Legal Description Exhibit E — List of Requested Deviations Exhibit F -.List of Dzveloper Coinmitnients Exhibit G1— Cope Lane Proposed. I pose Tung Lane Exhibit G2 — Cope Lane Cross Section -0 8 O7= CPS* 074 '�151 Cope Reserve /- PUDZ-2007-A-R- 1.2292 Revised 5 110111, of 2 Packet Page -122- 10/11/2011 Item 8.A. EXHIBIT A FOR COPE RESERVE RPUD Regulations for development of the Cope Reserve RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate, Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 43 dwelling units shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL A. Principal Uses: 1. Single family dwellings, detached. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the � Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian /bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services as described in Section 2.01.03 of the LDC. 4. Guardhouses, gatehouses, and access control structures. PRESERVE A. Principal Uses: Rev b (CCPC 5-5-2011 Consent).doe Page 1 of 9 AR- 12292, Cope Reserve RPUD Packet Page -123- 10/11/2011 Item 8.A. 1. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area, DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Rev 6 (CCPC 5- 5-2011 Consent).doc Page 2 of 9 AR- 12292, Cope Reserve RPUD Packet Page -124- 10/11/2011 Item 8.A. EXHIBIT B FOR COPE RESERVE RPUD DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY DETACHED PRINCIPAL STRUCTURES MINIMUM LOT AREA 5,000 S.F. PER UNIT MINIMUM LOT WIDTHI 50 FEET MINIMUM FLOOR AREA 1,000S.F MIN FRONT YARD2 20 FEET MIN SIDE YARD 6 FEET MIN REAR YARDS 15 FEET MIN PRESERVE SETBACK 25 FEET MIN PUD PERIMETER SETBACK 25 FEET MIN. DISTANCE BETWEEN STRUCTURES 12 FEET MAX. BUILDING HEIGHT ZONED ACTUAL 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT 20 FEET SIDE 6 FEET REAR 10 FEET MIN PUD PERIMETER SETBACK 20 FEET MIN PRESERVE SETBACK 10 FEET DISTANCE FROM PRINCIPAL STRUCTURE 10 FEET UNLESS ATTACHED MAX. BUILDING HEIGHT NOT TO EXCEED 35 FEET *I — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *2 — Building garages must be set back a minimum of 23 feet from edge of any provided sidewalk for front entry garages. Front yard may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage. *3 — Principal and accessory uses shall not be permitted to encroach into any landscape buffer. Rev 6 (CCPC 5 -5 -2011 Consent).doc Page 3 of 9 AR- 12292, Cope Reserve RPUD Packet Page -125- z� 3 NNQ N C vii W O:LL A(i i a 1 a i i a a s i l i a a - -z —� Y I F, i a i i w� N uOw i F . �Ia i a 3- gym < 4j �mW 3m taw aLLy< , - - I - - - - - - - - - - - - - - - - - - - I - - - - - I Z^pZ 0 A. COUNTY BARN ROAD 111 W W W N N 1 U IIW � 1 vi� _ TC— j y W �LLI w Z8 W jZ w °off aW I I $a CC Q'i m Js N l I II �Ipiia � 0 2yzq, z N w(Cj�U. �. ai Q �a�Q(n1 WJ I I i I I < Y W NLL l Opal 1.. N3. s i2k y z II W��p n- cp V U F d =� �mQ o0 1-Z �O m it N pZ=O Y� r 2 �q�Ho G W 90 o ppp s 46W 33 .m 2N 1 II I W �W 4L`- y II I 1 1 R NAIL I G W QLi F %4 Wy QN W I b I! 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N3. s i2k y z W��p n- cp V U F d =� �mQ o0 1-Z �O pZ=O Y� 2 �q�Ho G fQ 90 o ppp s 46W 33 %% C1 © PgCi R NAIL AN 3 G W QLi F %4 a ,> p zq0 i �jN Q 1- 1=- S Co Gr CC Ji �C m' QNa 3a �� OOZZw �LLw �Ld w IjIQ K z aF m z >° p ZVSR jim" wo p> aaZZ l 01 U f t- _ 5 e j A 6 x 0 ~ W p W W N W Q QQ�< NW W jZ I ¢ m w� p z aw F h K1 C �O 01 10/11/2011 Item 8.A. EXHIBIT D FOR COPE RESERVE RPUD LEGAL DESCRIPTION 0. R. 1199, PAGE 849 THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET AND THE WEST 50 FEET OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND O.R. 1200, PAGE 199 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS 50 FEET ALONG THE WEST LINE FOR RIGHT -OF- WAY, COLLIER COUNTY, FLORIDA. THE OVERALL PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER (1/4) CORNER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00 °44'56" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 1357.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTH 89 01758" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTH WEST 114 OF SAID SECTION 8, FOR A DISTANCE OF 1,281.70 FEET TO A POINT ON THE EAST RIGHT - OF -WAY LINE OF COUNTY BARN ROAD A 100 FOOT WIDE RIGHT -OF -WAY; THENCE RUN NORTH 00 043'48" WEST, ALONG SAID EAST RIGHT -OF -WAY LINE, FOR A DISTANCE OF 645.58 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF COPE LANE A 60 FOOT WIDE RIGHT - OF -WAY; THENCE RUN SOUTH 89 026'18" EAST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, FOR A DISTANCE OF 615.70 FEET; THENCE RUN SOUTH 00 148'22" EAST, ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST 1/4 OF THE SOUTH WEST 1/4 OF SAID SECTION 8 FOR A DISTANCE OF 308.54 FEET; THENCE RUN SOUTH 89 022'08" EAST, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 665.42 FEET; THENCE RUN SOUTH 00 °44'56" EAST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 8, FOR A DISTANCE OF 339.35 FEET TO THE POINT OF BEGINNING; CONTAINING 14.315 ACRES, MORE OR LESS. Rev 6 (CCPC 5 -5 -2011 Consent).doc Page 5 of 9 AR- 12292, Cope Reserve RPUD Packet Page -127- 10/11/2011 Item 8.A. EXHIBIT E FOR COPE RESERVE RPUD LIST OF REQUESTED DEVIATIONS 1. From Land Development Code (LDC) Section 6.06.01.0, Street System Requirements, and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road (cul -de -sac) cross - section to permit a 50 foot wide local road (cul -de -sac) cross - section. 2. From LDC Section 6.06.01.J, Street System Requirements, which limits cul -de- sacs to a maximum length of 1,000 feet to permit a cul -de -sac approximately 1,225 feet in length. Rev 6 (CCPC 5 -5 -2011 Consent).doc Page 6 of 9 AR- 12292, Cope Reserve RPUD Packet Page -128- EXHIBIT F FOR COPE RESERVE RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES 10/11/2011 Item 8.A. A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this Ordinance. B. The developer shall provide for a minimum 50 foot wide drainage and utility easement adjacent to County Barn Road. This easement shall be recorded prior to SDP or Plat approval. 2. TRANSPORTATION A. The sole point of ingress /egress to the RPUD shall be onto Cope Lane. No access will be provided from County Barn Road. B. The developer, his successors, or assigns agrees to improve Cope Lane, including any turn lanes warranted by this project, from County Barn Rd to the eastern most project boundary that is adjacent to Cope Lane, as part of the first SDP or Plat. The design of the roadway cross - section must include on- street bike lanes and sidewalks, and requires County approval. See exhibits "Gl and G2" for cross- section. No impact fee credits are available for this roadway improvement. C. The developer, his successors, or assigns agree to accept, attenuate, and store stormwater management along property frontage for Cope Lane improvements associated with this project at no cost to the County. All drainage, access, and maintenance easements necessary to accommodate this developer commitment shall be dedicated /conveyed (at no cost to Collier County) as part of the first SDP or Plat. 2. ENVIRONMENTAL A minimum of 15% of the on -site native vegetation must be retained. 12.8 acres of native vegetation exists requiring preservation of 1.92 acres of native vegetation. 3. PLANNING A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. Rev 6 (CCPC'5 -5 -201 1 Consent).doc Page 7 of 9 AR- 12292, Cope Reserve RPUD Packet Page -129- 10—N, 10/11/2011 Item 8.A. Packet Page -130- wo: CL 1 0 F U. LLJ - 6�, g - Z LLJ Ld z z LU LLJ DZ o F- F- M in 7) W= 1,12 d N d -Lo WO Ld z C.) F= PW4 xCL w CL w CL 0 z ry CL O W) OW ti 00 i Li < Cn -C z z ff C LU LL G Ld z 5 ze 9gy a. z :, r Z E CL w LLJ a Cr < Sp uj z __j rff I w 0 z F- LU CL L H LO N W C) c. z Vo'� '09 a. < : 1 , < 0 0 OVObf NUV8 AlNn03 Packet Page -130- 10/11/2011 Item §.A. Packet Page -131- � a � //\ ƒ/d � \ �\ £ _ � / . U- uj 2 C11� .( 0� § B2 �kLd \ \ - - -- k ¢ § M Ld ® <� S �j\ 2 w } \ e §\ © \`/ \ �} \ j b w })/ |• o 5 E m a )22] }\ / \ k j ui� ! ®\ /\ m O a !] e o \�! \d/ S ( / llif f ) $ y ° » o Li z §`§ ! 5 Co \ m <a§ '_i } C,4 \ § \ W } % || { )§ r O 8 c �k K 5 C) \ §k ® . \ a 75 . $ . \§ �� § �@ g � b] 2 » & \ k \/ S m § \- 25 2 Packet Page -131- 10/11/2011 Item 8.A. 20D • Wednesday, May 25, 2011 9 Naples Daily News 5RDINANCf_PfTITIANS E ORBINANIT oFTITie NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, June 14, 2011, In the Boardroom; 3rd Floor, Administration Building, Collier County Government Center, 3299 East 7a- miami'. Trail, Naples, Fiorida, the Board of County. Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M..The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 200441; THECOLLIEK :'•'. COUNTY LAND DEVELOPMENT CODE, WHICH.INCLUDES.THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN. DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL 'L PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS.THE COPE RESERVE RPUD. THE PROJECT PROPOSES A TOTAL OF 43 SINGLE FAMILY DETACHED DWELLING UNITS IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, CONSISTING OF +/ -14.3 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- 2007 -AR- 12292) Copies of the proposed Ordinance are on file with the Clerk to the Board and are. available for inspection. All interested parties are invited to attend and be heard. NOTE: All person's wishing to speak, on any agenda item mu;t; register with the County administrator pronto presentation `of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.. The selection of an in- dividual to speak on behalf.of.;an organization of group is encouraged. .lf recog- nized by the Chairman, a spokesperson for a group or organization maybe allotted 0 minutes to speak on an Item: Persons wishing to have written or graphic materials included in the' Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Public hearing. In any case, written materials intended to be considered by the. Board shall be submitted to the appropriate County staff a minimum .9f seven days prior to the public ,hearing -. All material used in presentations 'before the Board ..will become a•permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and. therefore, may need to ensure* that a verbatim record of the proceedings is made, which record includes the testimony and ", evi- 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 prodeeding, 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 ` Tamiami -Trail East; Building ;W, Naples, Florida. 34112, (239)252.8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office.. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK - By: Martha Vergara, Deputy Clerk (SEAL) May 25, 2011 No1902315 Packet Page -132- 10/11/2011 Item 8.A. 20D 9 Wednesday, September 7, 2011 0 Naples Daily News ^ ORDINANCE,PETITIONS 0 ORDINANCLPETITIONS NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 27, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED . REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE COPE RESERVE RPUD. THE PROJECT PROPOSES A TOTAL OF 43 SINGLE FAMILY DETACHED DWELLING UNITS IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE .26 EAST, COLLIER COUNTY FLORIDA, .CONSISTING OF +/- 14.3 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ - 2007 -AR- 12292) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers'will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an -organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing 'to' have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the resppeective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence 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, td the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) I September 7. 2011 No1Q�w Packet Page -133-