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Backup Documents 02/14/2012 Item # 8A8 p7^ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, December 16, 2011, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD/ZoninQ Person: Kay Desekm, Principal Planner Date: December 14, 2011 Petition No. PUDZ- 2003 -AR -3608: Orangetree PUD Petitioner: Orangetree Associates; 4500 Executive Drive; Suite 110; Naples, FL 34119 Name & Address of any person(s) to be notified by Clerk's Office: Robert J. Mulbere, FAICP; Mulbere & Associates, LLC; P.O. Box 1367; Marco Island, FL 34146 and Burt Saunders, Esquire; Gray Robinson Law Firm; 5551 Ridgewood Drive; Naples, FL 34105 Hearing before: X BCC BZA Other Requested Hearing date: Tuesday, January 10, 2012. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: PUDZ- 2003 -AR -3608: Orangetree PUD -- An Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses, and to eliminate the environmental commitments, for property located in parts of Sections 11, 12, 13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of 2,138.76 acres; and by providing an effective date. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Reviewed by: Uivisio dminisirator or Designee List Attachments: Ordinance 17/14111 ate For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: !12 1)4 Date of Public Hearing: 1 0 le, Date Advertised: 12— Z '' ' Teresa L. Polaski 8 A From: DeselemKay [KayDeselem @colliergov.net] Sent: Wednesday, December 14, 2011 2:08 PM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo Subject: Orangetree PUD, PUDZ- 2003 -AR -3608 ad for 1/10/12 BCC Attachments: NDN ad form for clerk 12- 14- 11.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 -252 -2931 Fax: 239 - 252 -6357 kaydeselemGcolliergo v. ne t Under Florida Law, e mail addresses are public records. If you do not want your e mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBERS 2005 -42 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT; TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO DELETE ENVIRONMENTAL COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12, 13, 14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Orangetree Associates, a Florida general partnership, represented by Burt Saunders, Esquire of the Gray Robinson law firm and Robert J. Mulhere of Mulhere & Associates, Inc., has petitioned the Board of County Commissioners to revise the Orangetree PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO EXHIBIT "A ", THE PUD DOCUMENT OF ORDINANCES 2005 -42 AND 2004 -73 Exhibit "A", the PUD Document of Ordinances 2005 -42 and 2004 -73 is hereby amended and replaced with Exhibit "A" attached hereto. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. Orangetree PUDZ- PL2003 -AR -3608 11/03/11 CCPC Approved 1 of 2 ATTEST DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — PUD Document CP\08- CPS - 00868 \108 8AV" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA En Orangetree PUDZ- PL2003 -AR -3608 11/03/11 CCPC Approved 2 of 2 , Chairman • ORANGETREE PUP DOCUMENT Prepared for ORANGSTAEB And ORANGETREE ASSOCIATES Hirst- Amendment Prepared by: Original Z,& -DD- Approval: PeeefnbeF 10, Ordinance Number: 87 -13 Repealed Amendments: Appi-eved by-BGG! 3ei3e 1991• Ordinance Number: 91 -43 Repealed Appmved by GGPG! Mar-oh 4, 2004 APPFeVed by BGG--, May 11, 2004 Words strusk thr-ougl: are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Planning Robert J. Mulhere, FAICP Mulhere & Associates, LLC 3200 Bailey 6ane at Aifpei4 Read, Suite 200 PO Box 1367 Naples Marco island, Florida 34146 05 Legal Burt Saunders Gray Robinson 5551 Ridgewood Drive, Suite 303 Naples, Florida 34108 Civil Engineering Matt McLean, P.E. Agnoli Barber & Brundage 7400 Tamiami Trail North Na lei s FL 34108 Transportation Norman J. Trebilcock, AICP, P.E. Trebilcock Consulting Solutions, PA 6660 Mangrove Way Naples, FL 34109 Environmental Jeremy Sterk Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Revised Revised Revised Rev-sod Revised— Revised Reyised Naples, FL 34105 Neyembef 22,198 Febraai5,27,1991 May 13, 1991 May 11, 2094 Getebef 26, 2004 2003 April 5, 2005 May 42,2005 Original Z,& -DD- Approval: PeeefnbeF 10, Ordinance Number: 87 -13 Repealed Amendments: Appi-eved by-BGG! 3ei3e 1991• Ordinance Number: 91 -43 Repealed Appmved by GGPG! Mar-oh 4, 2004 APPFeVed by BGG--, May 11, 2004 Words strusk thr-ougl: are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8A Ordinance Number: 2804 -30 Repealed vedb�,BCQ November 16,2004 Ordinance Number: 2004 -73 Aver-eyed by GQPG! 2005 Ordinance Number: 2005 -42 C..L.r Words stmt are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 A -14- Words s4uek4hFeu0 are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC i INDEX PAGE Index i List of Exhibits and Tables 3 ii Statement of Compliance 2-A iii SECTION I Property Description and Ownership I SECTION 11 Project Development -S2 SECTION III Agricultural Development (AG 4-01 SECTION IV Residential Development (R-2, R -344) 4-210 SECTION VA Neighborhood CommerciaVNeighberheed IBC 4417 SECTION V -B Office Commercial OC U 23 SECTION VI Golf Course GC 2427 SECTION VII Community Use CU 2-2-29 SECTION VIII School /Park SP 2431 SECTION IX Public Facilities PF 26 33 SECTION X Mixed Use /Utility MUM 2q 35 SECTION X XI General Development Commitments -3439 Words s4uek4hFeu0 are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC i LIST OF EXHIBITS AND TABLES 8A'i^ PAGE TABLE I Land Use Summarx 6 TABLE 11 Estimated Absorption Schedule 7 TABLE II -A R -2 Development Standards 14 TABLE 11 -B R -3 Development Standards 15 TABLE II -C Non - Residential Use Development Standards 16 TABLE III NC Development Standards 22 TABLE IV OC Development Standards 25 TABLE V MU /U Development Standards 37 EXHIBIT A Master Plan 50 EXHIBIT B Legal Description 51 EXHIBIT C Landscape Buffer Location Map 53 EXHIBIT ED Landscape Buffer Exhibits: 1. Neighborhood Commercial — Randall Boulevard Landscape 54 Buffer to Residential 2. Office Commercial Landscape Buffer to Residential 55 3. Neighborhood Commercial -- Oil Well Road Landscape to �6 Residential 4, Mixed Use/Utility Landscape Buffer to Residential 57 EXHIBIT E Future Gate/Recreation Area Locations 58 Words stM& threti are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11 /08/1 1 CCPC Approved for BCC ii 8 All STATEMENT OF COMPLIANCE The Development of mately,2136.8 f 2.138.76 acres of property in Collier County, as a Planned Unit Development, known as Orangetree PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The Development is subject to, and will also be in compliance with, the Binding 6e#ef pCights States of Gefflffitffl��_Apffi�_, 1986 Binding Letter of Modification to a Development with Vested Rights and Bindiny, Letter of Internr tation of Dgvelopment of Regional Im act Status for North Golden a issue b the Florida De artmen of Community Affairs on September 28, 2009. The residential, commercial, agricultural, community facility, public facility and recreational _10—nd_ uses of the Orangetree F_VD will be consistent with the growth policies, Land Development Code regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land.Use Element, 4. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 5. The project's gross density of 1.5 dwelling units per ac re. commercial uses, and other non - residential uses, are consistent with the Rural Settlement Area designation in the Future Land Use Element and Golden Gate Area Master Plan of the Growth Management Plan, The Rural Settlement Area District allows the uses identified in the Orangetree PUD and does not establish maximum densities or intensities. SHORT TITLE This Ordinance shall be known and cited as the " Orangetree Planned Unit Development Ordinance." Words sWdA_ are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC iii Words stmek4hfeot are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC iv 8 A I SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION LOCATION, AND PURPOSE It is the intent of Aninen GeIaH, Trustee, Orangetree Associates, a Florida general partnership., and Roberto Bollt as Successor Trustee under Land Trust Agreement dated January 27 1986 (hereinafter called "Applicant or Developer ") to establish construct or have construgted a Development on approximately 2136.87 2 1, 38.76 acres of property located in Collier County, Florida. The term Developer indudes all successors and assigns of Developer. The subject property is described as " " the "Rural Settlement Area District" on thg Collier County Future Land Use Map (F.L.U.M) gaps and is bounded on the west by lmmokalee Road (C.R 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways and both vacant and developed platted lands Orange Blossom Ranch MPUD also lies to the east. Oil Well Road (CR 858) runs through the site ro'ec in an east -west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2136`87 2 1 8.76 acres and is OaUed as N@4 Golden G scribed as follows: Parts of Sections 11 12 13 14 22 23 24 25 26 and 27 Township 48 South Range 27 East, Collier County Florida, less and except those lands described in the full le al description defined in Exhibit "B" attached, 1 of 58 Words straclF4hFeugh are deleted; words underlined are added. Orangaree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SECTION II PROJECT DEVELOPMENT 2,01 PURPOSE The purpose of this Section is to generally describe the plan of the development and to delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject parcel prope is designed as to accommodate a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in compliance with the applicable Collier County Zeuing -and Land Development Code and ordinances in effect at the time of issuance of building permit or development order, unless those regulations are in conflict with specific apRrovals granted herein. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall folio be in compliance with the design and development standards and review procedures regulating subdivisions of the in Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of the Collier County Land Development Code .LDC shall apply land, as pf!e-vided ail Subseetion 10-02.093 prief at time of to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the PUD Master Plan, . which is attached hereto and made a part hereof. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 2 of 58 Words struek44,� are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/1 l CCPC Approved for BCC h� 1 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2136.87 2,138.8 acres. The maximum number of dwelling units to be built on the total acreage is 2-,00 3,150. The nuffibe density of dwelling units per gross acre is approximately 049 1 .55. The density on individual parcels of land throughout the project may vary according to the type of housing ph*W unit. ex eaeh Fatael-e€ !&Rd but Regardless of unit We or density, the development of each parcel shall comply with the guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned undeF Seetion 244, of pfeyided that the te4a! ftember of dwelling unit sly "64 - elfieeed 2,100 3,150 units, including any caretakers' residences allowed as permitted uses, in the respective Districts. types ef: ethef eawger-ies so that the total number- efdwelling units shall fiet eweed 2,1 - , The maximum number- of dwelling units by Pype as shown in Table 1 shall ne�-vary by mere than twenty (20) per-eent in eaeh eateger-y. The --------- nber of dwelling units shall inelude all ► _ J. Y _ 1. _ . IZ�T�l�IN�I•ILN n has n feF the development of the prepeFty but Ote pr-epeFty is to be The applioant not set iffiewledge. The fnay-,-Of ne mere than an estimate based on eumnf Fnarkefing 054iffiftte , > by phaso, 2.098 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document, and any other applicable County requirement set forth in the LDC or other applicable code or ordinances. 2.4-09 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 3 of 58 Words stmek thfeugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC ►8AI 2.1 +0 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Nan review and approval. 2.1 -21 LAKE SITING As depicted on the Master Plan, ,lakes and natural retention areas have been sited adjacent to existing and planned roadways and development areas. The goals of this are layout is to achieve an overall aesthetic character for the project, to permit eptiomm gptimal use of the land, and to increase the efficiency of the water management network. 80-M,-Seelien ' may "dueed with the approval of the Geufl�" F;ngineer-. Fill material from lakes is planned to be utilized within the project, however, excess fill material may be utilized off -site, subject to the provisions of the emeavatiee applicable-Cou= ordinances in effect at the time permits are sought. 4of58 Words stpaek4hrouO are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8AII c�vv�*��,�T� 17TItSDQD 1 A DDD lI�(TA.f A TL' Y'tGREAGE GC Gol€Getwse &4 200*3 R-} Residential 443 4449 R--2 Residential 4,297 -586 R-4 residential 30 39 C- U Cemmunity Use 4-5-5 PF lie Faei-lit} 4-4-7 1;3 U41i4y 4-5 &P SeheeWPafle 4-4 C#-_ Neighber -heed Ge}iffieFeial•i .F. (-Mai- 60,000 pkis motel OF1494 22 o `', RAV Right of wayT 440.9 LAK TOTAL ry ' /�/� rym �1� 774 pp�,� 2136,8*4 5 of 58 Words stfook dwatir are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8A TABLE 1 LAND USE SUMMARY DESCRIPTION SYMBOL UNITS f ACREAGE Agriculture AG -- 198.3 Golf Course (1) GC (b) 198.0 Residential (2) (R -2. R -3, & R -4) 3,150,(b) 1316.7 Schools and Parks SP 6 62.1 Public Facility PF -- 147.0 ommunity Use CU - 155.2 Neighborhood Commercial NC (a) 23.9 Office Commercial QC (a) 9.4 Mixed Use/Utility MU/U ! (a), (b) 28.2 Total: 3,150 2,138.8 (1) Golf Course acreage includes lakes and preserve areas internal to the golf course land use designation. (2) Residential Acreage includes R O W lakes and preserve areas internal to the residential Land Use designation. a) Total Commercial square footage within the Orangetree MPUD shall not exceed 332,000 SF of gross building floor area Owner or Developer shall provide a schedule of approved development orders and applicable sgpare footages and dwelling units for the entire PUD at time of submittal of each development order application in the Orangetree PUD. Retail /Personal Service is limited to a maximum of 232,000 square feet of gross floor area. Office use is limited to 100,000 square feet of gross floor area except that retail /personal services square footage may be converted to office on a one to one basis. (b) Total residential dwelling units shall not exceed 3,1_5Q units in the entire PUD. YEA R PRODUCTION T T- T/'�T� t = } 0 0 2 70 70 3 -M 4-7-0 4 440 34.0 -5 4.60 470 6 460 Fri$ 7 440 790 g 4-" 0 4-" �8 44 44" � 83 6of58 Words gumek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 44 N/A 4 3,000 N/A 3 00 4 53 153 2 80 ESTIMATED MARKET ABSORPTION SCH—DULE BL I 8 A 1 # -14 YEAR DWELLING DWELLING COMMERCIAL COMMERCIAL COMMERCIAL IT IT CURRENT SQUARE FT TIv PRODUCTION CUMULATIVE TOTAL SF TOTAL Trent N/A 1477 3,000 N/A 3 00 1 53 153 2 80 161 3 100 1710 4 134 1840 5 30 1970 100,000 103,000 6 —130 2100 7 150 225 150 2700 9 150 2550 10 150 2700 100,000 203 O 11 130 M—O 12 130 2960 13 130 3020 14 130 3220 15 120 335 129 332.0 7of58 Words feu& are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11 /08 /11 CCPC Approved for BCC SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE 8A The purpose of this Section is to set forth the regulations for the areas designated AG on the PUD Master Plan as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective agricultural use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip - irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs /lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvement necessary to accommodate students, facility administrators, staff, and the activities of the education program of each plant that is operated by the Collier County School Board. B. Permitted Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by Collier County School Board. 8 of 58 Words stFaek hfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC sate C. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On -site retail sales of farm products primarily grown on the farm. 3) Caretaker's residences. D. Permitted Uses /Conditional Uses Requiring Site Development Plan Approval: 1) Packing Houses 2) Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: 1) In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set and implemented by amendments to the Land Development Code adopted on February Il 2004 or by any successor or amended agreement or ordinance, 2) Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3) All required buffers for the School Board's property area shall be in place by December 31, 2004. 9 of 58 Words 9taek44Fea0 are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE a A The purpose of this Section is to set forth general regulations for the areas designated on the PUD Master Plan as R -2, R -3. 4. 4.02 MAXIMUM DWELLING UNITS A maximum number of !LWO 1,150 dwelling units may be constructed on lands designated as Residential (A4 R-2, to -R -3, and MU/U, less any caretaker's residents allowed in all districts, except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-4 R-2, to -R -3, and MU/U), on the Master Plan, T#as- Fueide & Asseeiates-Ref. No, 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses. uses- meet the Fear Three residential land use categories have been identified on the Master Plan. The R -2 designetienelodes areas wIN provide for both conventional detached and attached single family development. development. - The R -3 areas permit similar land uses as R -2 but with smaller lot size requirements and limited multi - family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES IM) R-3 omits • Detached and attached single family dwelling units .homes owes • Duplex and/or two - family and triplex dwelline units • Cluster homes, zero lot line, villas, patio homes, and townhouses • Model units • Recreational facilities, parks, lakes and water management facilities • C'a[ports shall not be permitt d in R -2 District •--- �eww#►er+ses 10 of 58 Words stmelt thr-etigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC R -3 [I1 • All uses permitted in the R -2 designation • Multi- family, limited to 2- stories 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with use permitted uses in this district • Essential services and facilities • Accessory Guest homes in R 1 afeas on single famil lots one acre or larger in size are subject to the limitations of Section 5.03.03 of the LDC or any successor provision • Recreational Facilities such as clubhouses, pools and playgrounds to serve residents of the PUD • 4.06 -7 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with the L.DC in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. If the multi - family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 11 of 58 Words souelt dweugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC ' 8A +4 PERM ;qLLAS, SINGLE USES STANDARDS R4 DETACHED GLUSTFS HOMES n TTY ARGUS$ AND AP RT ENTe R-2 gETA04R9 Afea AG 3000 SF 3000 8F, - 6090 8P Site Width Av& Min; 420 60 Reat Yffd Sethasl� 30 20 20 25 25 Side )(ad Setbaek 20 9 of 1 0 of 10 43 54 ReaF yaFd Setbaek 24 4-5 25 30 29 Rear- VaFd Setbaek Aesf) 0 0 0 0 5 Max Building Heio Dist. 25 2-5 25 25 25 Prifleipai S een : N4 NA .5 SBk4 .5 88i i Nhk „ Are ,,� 42W X59 900 -7-W -1000 SIT-FiDEPT44AVERA SITE WIDTH! Determined The distmee by di-viding between the site area lines by the site width. ffent lines aver-age liftes between streiof eonneating for-@most and FeW POFOel at eash !-Res in the ffe S:de Ofthe site, measufed as straight int.Aer.-C.IA-RettiReft the &em the line) the points efthe side Pafeel the lines the (at the point ef- with Building He paFeel and mamest point ef pefeel at Fea .i (Stim of 12 of 58 Words struck thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC PERA41946B USES SSBUGr. Cw16f GTHE DD I riQ-i iii n USES NO C'I-A�R& FAGv=jT-jEg 1`AcjLjT4g& MiniFRtIFR Site Afee site W'id+h �OF GOURty In effeo*f the -tim" Site Depth Minimum As deter-mined Average FFORt V 40 Sew dUFiFig the Seetien FeqUeAW7 2.04 3� 40 pmeess under. 40 Setbael 34 20 SetSaek 24 20 RearY- 3v- of: -vim[ Setbaek 30-9r -B 3A-AF- B'14 Rear yard Setbaek 4-0 Ar.eesset:y 40 440 4.8 Maxemem Buildift 25 Height (ft-.) Dist Between 51414 2-5 3-89i4 25 SBW 2-5 .5 Floor 'm +11/C�inni 4.000 440 .5 4400 -5 SB ON \nut l°T7 13 of 58 Words AMA 44OUg# are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC S A TABLE II A R -2 DEVELOPMENT STANDARDS PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX TRIPLEX AND ATTACHED SINGLE- FAMILY SINGLE - FAMILY DETACHED ZERO LOT LIN Minimum Site Area 3000 square feet 3000 square feet 6000 square feet Lot Width Minimum N/A 35 feet 60 feet Front Yard Setback 20 feet 20 feet, 25 feet Side Yard Setback 0 or 10 0 or 10 5.5 feet Rear Yard Setback 15 feet 15 feet 20 feet Rear Yard Setback (Aceessorvl 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building Height Zoned: Actual: 35 feet 42 feet 35 feet 42 feet 35 feet 42 feet Distance Between Principal Structures N/A 0.5 SBH but no less 1 feet than 10 feet Floor Area Minimum (S.F.) 1000 square feet 1000 square fZ 1000 square feet Maximum Accessory Structure Height (zone ij 25 feet' 25 feet 2 feet' SBH (Sum of Building Hei ts): Combined zoned height of two adjacent principal structures for purpose of determining setback between said structures. *Principal and Accessory Uses shall not protrude into any required landscape buffer. 'For anybuildinQ permit auplication_ after effective date of this Ordinance. units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of p4vement. The minimum 20 foot front yard setback may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage. For corner lots, front setbacks shall apply to the shortest side of the lot. The setback along the long side of the lot may bg reduced to a minimum of 15 feet, Z Except the R -2A [East] section depicted on Master Plan shall adhere to minimum floor area of 1350 sf and the R -2A [West] section shall adhere to a minimum floor area of 1500 ft. ' Except screen enclosure on two -story may be 35 ft. (zonedl 14 of 58 Words stmek thr -eta are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8A44 TABLE 11- B R -3 DEVELOPMENT STANDARDS PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX, TRIPLEX, ATTACHED SINGLE- FAMILY AND MULTI-, EAMILY SINGLE FAMILY DETACHED AND ZERO LOT LINE Minimum Site Area 3000 square feet 3000 square feet 4200 square feet Lot Width Minimum N/A 35 feet AM= Front Yard Setback 20 feet 20 feet' 20 feet' Side Yard Setback 0 or 6 fete 0 or 6 fete 6 Eme Rear Yard Setback 15 feet 15 feet 15 fe Rear Yard Setback (Accessory) 5 feet 5 feet S feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building Height 35 feet 42 feet 35 feet 42 feet 35 feet 42 feet Maximum 2 Stories Zoned: Actu • Distance Betwe27i Principal Structures 12 feet 12 feet 12 feet Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 1000 square feet Maximum Accessory Structure Height (zoned 25 feet' S eta 25 feet ' For est}s>eaiea any building permit application after effective date of this Ordinance, units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement. The minimum 20 foot front yard setback may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage For comer lots front setbacks shall apply to the shortest side gf the lot The setback along the long side of the lot may be reduced to a minimum of 15 feet 2 Zero foot minimum side setback on one side as long as a minimum of 12 -foot separation between principal structures is maintained Distance between principal structures may be reduced at garages to a minimum of 10 feel between garages where attached garages are provided. 2 Except screened enclosures on two -story may be 35 feet zoned height, * Principal and Accessory Uses shall not protrude or encroach into any landscape buffer. 15 of 58 Words s fWk thFaugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 A TABLE II C NON- RESIDENTIAL USE DEVELOPMENT STANDARDS (Within the R -2 thru R -3 Districts) PERMITTED USES RECREATIONAL FACILITIES STANDARDS Minimum Site 10,000 square feet Area Site Width 80 feet Minimum Front Yard 25 feet Setback Side Yard Setback 1 fee Lake Bank 25 feet Setback Rear Yard SBH Setback Rear yard tback 10 feet Accessory Preserve 25 feet Setback Preserve Setback 10 feet Accessory Maximum Building Height ! Zoned: 35 feet Actual: 42 feet Dist. Between 15 feet or 1/2 SBH whichever is greater Principal Str. Floor Area 1000 square feet Minimum Minimum Distance 20 feet From Residential Lot SBH: (Sum of Building Heights)• Combined zoned height of two adjacent principal structures for the purpose of determining setback between such said struct{tres, Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area rcguirement is maintained, *Principal and Accessory Uses shall not grrotrude or encroach into any required landscape buffer. 16 of 58 Words s�ttsl thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC � 1 • SECTION VA CSI NEIGHBORHOOD COMMERCIAL S.A.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Therms the PUD Master Plan, as IGN' CC. The CSI h& tract§ 4 are intended to provide residents with conveniently located commercial facilities and services that are typieelly generally required on a regular basis and which are permitted by right. 5.A.02 MAXIMUM DENSITY AND INTENSITY A maximum of two hundred and thirty -two thousand square feet (232,000 S.F.) of gross retail /aersonal service and office commercial building floor area shall be permitted in the NC District, reduced by an retail/personal service square footage allowed in the OC District and the MU District as shown in an approved SDPs. The Southern NC District at the intersection of Randall Boulevard and Immokalee Road shall not exceed 85,000 square feet of gross floor area The northern NC District at the intersection of Oil Well Road and Immokalee shall not exceed 147,000 square feet of gross floor area. Each of the two NC districts shown on the attached Master Plan, Exhibit A, shall be allowed one user of between 45.000 square feet of gross floor area and 75,000 square feet of gross floor area. All of the other users in the NC district are allowed under 45,000 square feet of gross floor area. 5.A.023 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 17 of 58 Words s4raek threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 3 . .. �. ' . ...... �. 17 of 58 Words s4raek threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC aged; � 8 A 11 8) Mar-dwafe s4efes; health feed stores; hebby supply mer-es5 hemes feF the 10) jewelry stems. . ;, stems. 14) Par-k and fide, paint and wallpaper- stores; pet shops; pet supply stefesi Phetegr-aphie equipment Stefes; pest . . antennas; r-estatiFants, ineluding fast feeds; small applianee stemm, shoo sales and , 16) Souvenir steres; statienef:y stefes; super-markets and . . N) Water- management f6eilities and essential s All uses that are permitted uses in the C -1 thru C -3 zoning districts of the Collier County Land Development Code at time of SDP application. Advertising — miscellaneous (7319). 33) Amusement and recreation services, indoor (7999 limited to gymnastics instruction, martial arts instruction, sporting goods rental, and yoga and/or pilates instruction). Apparel and accesso , stores 5611 — 5699). 5� Auto and home supply stores 5531). Bowling centers, indoor (7933). Words sty ak through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 18 of 58 fSA 7) Business services - miscellaneous (7381) except dog rental service Cable and other pay television services (4841). 9� Coin - operated laundries and dry cleaning (7215) l 0) Commercial printing (2752 excluding newspapers) Computer and computer software stores (57341 Dance studios, schools and halls, indoor (7911) Department stores (5311). 1 ) Eating and drinking establishments (5812) Outdoor music is prohibited Amplification devices serving drive -thru facilities are limited to the hours of 6 a.m. to 9 p.m. Outdoor dining shall only located between the commercial eenter buildings and Immokalee Road or Oil Well Road as the case may be LQ Educational services (8221 and 8222). M Electrical and electronic repair shops (7622 -7629) L7) Food stores (groups 5411 - -5499). L8) General merchandise stores (5331 -5399). Glass stores (5231 20,E Hardware stores (525 1). 21� Health services, miscellaneous (8092 —8093 and 8099 limited to artists- medical blood banks, blood donor stations childbirth preparation classes health screening service, hearing testing service, insurance Rhysical exam service - except by physicians, medical photograph art osteoporosis centers oxygen tent service, and physical exam service — except by12hysicians) Z2j Home furniture and furnishings stores (5712 - -5719). 21) Household appliance stores (5722), Medical and dental laboratories (8071 and 8072). ZQ Medical equipment rental and leasing (7352) 26) Motion picture theaters (7832,). Musical instrument stores (5736) 19 of 58 Words strnok thr-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC ' 8 Al A-) News syndicates (7383). 2) Paint stores (5231). M Passenger car leasing(7515). 31) Passenger car rental (7514). 32J Radio, television and consumer electronics stores (5731) DJ Real Estate (6512, 6531 - 6552). Record and prerecorded tape stores (5735 ), excluding adult oriented sales and rentals. �1 Repair services - miscellaneous (7699 – limited to: antique repair and restoration (gxcept furniture and automotive) bicycle repair shops binoculars and other optical goods repair, camera repair shoes key duplicating shops, picture, framing to individual order not connected to retail art and custom picture framing) M Retail - miscellaneous (- 59245932 -5963, 5992 - 5999)9 Retail nurseries, lawn and garden supply stores (5261). 38) Reupholstery and furniture repair (7641 39 SecuritXsystems services (7382). Social services, individual and family (8322, 8351 —8399, except for homeless shelters and soup kitchens). Telephone communications (4812 and 4813) excluding communication towers. 42) Veterinary services (0741 & 0742, excluding outside kenneling). 4) Vocational schools (8243 -8299 ) excluding truck driving schools. 441 Watch, clock and jewelry repair (7631). 45) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted by policy. B. Permitted Accessory Uses and Structures this distrie�. 24.1) Caretaker's residence not to exceed a total of two (2) within the District. 20 of 58 Words sttaEkhretigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 0 8AII 2� Carwashes (7542), accessory to convenience or service provided that carwashes abutting residential zoning districts shall be subject to Section 5 05 11 of the LDC. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses as determined by the Board of Zoning Appeals(BZA) by the process outlined in the LDC or adopted by policy, 5.03 DEVELOPMENT ENT CT wr- OTC A) Minimum Site AFOB! As appreved under-Seetieft A A . Minimum Site Width! As � . G4) TweRty fiN-e (25) feet, landseaped buffef shall be f Puking shall be pemiffe& D) Distaftee bet 1 stme4ur-eryi None, eF a minifaum of five (5) feet with Fi) Maydmum Height of Strdetur-es! Twenty fiN,e (;S) f"t above the ARished gFade of the 4: (1,000) square 4et per building en the gr-ound fkxw-. f f and landseapiiig shall be in eelifem with aPP!ioab'e Gellier County regulations in offeet at the time PeFfflitS Me Sought-. 14) A maidmum of cEy (60,000 -91) of leasable ee►nereiel- building lea shall be pemitted in the GN -- {i . . 21 of 58 Words stmek AFeugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC TABLE III NC DEVELOPMENT STANDARDS PERMITTED USES STANDARDS Minimum Site Area Lot Width Minimum Minimum Yard Requirements' Front Yard Side Yard Rear Yard Adjacent to Residential lot Preserve Setback Preserve Setback for Accessory Structures Max Building Heigh Zoned: Actual: Distance Between Principal Structures Floor Area Minimum (S.F.)' NC 7,500 square feet 75 feet 20 feet, except that a minimum 25 foot building setback shall be maintained from Oil Well Road, Immokalee Road and Randall Boulevard 0 or 5 feet, with a minimum of 10 feet between structures 15 feet 45 feet for principal structures and 35 feet for accessory structures 25 feet 10 feet 35 feet, NTE Two Stories 42 feet None or a minimum of 10 feet with unobstructed passage from front to rear yard 500 square feet per building on the ground floor • 1. Measured from parcel boundaries 2 Inedes Except that dump_sters recycling and refuse areas shall maintain a minimum setback of 50 feet 3 Kiosk may be permitted within commercial developments meeting the LDC definition of a shopping center and such Kiosks may be smaller than 500 square feet in size (not to exceed 5 per shopping center) NTE: Not to Exceed 22 of 58 Words stmek thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SECTION V -B OFFICE COMMERCIAL 5.B4O1 PURPOSE 8 A I *A 4.11 The purpose of this Section is to set forth the regulations for the areas designated OC on the PUD Master Plan. The OC tract is intended to provide conveniently located general office facilities in a location convenient to the community and surrounding area. 5.5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used in whole or in part, for other than the following_ A. Permitted Principal Uses and Structures 1. Accounting (8721). 2. Adjustment and collection services (_7322). 3. Advertising agencies 7311). 4 Architectural services (8712). L. Auditing (8721). 6. Bookkeeping services (8721). 7. Business consulting services 8748). 8. Business credit institutions (6153- 6159). 9. Child day care services (8351). 10. Computer programming data processing and other services (7371 — 7376, 7379). 111.. Credit reporting services (7323). 12. Debt counseling (7299, no other miscellaneous services) 13. Direct mail advertising services (7331). 14. Educational plants. 15. Engineerin services 8711). 16. Essential services, subject to section 2.01.03. 23 of 58 Words stmek tf:eagh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 A 17. Health services, offices and clinics (8011 -8049) 18. Insurance carriers, agents and brokers (6311- --6399 6411 19. Landscape architects, consulting and planning (078 1). 20. Legal services (8111 21. Loan brokers (6163). 22. Management services (8741 & 8742,). 23. Mortgage bankers and loan correspondents (6162). 24, Personal credit institutions (6141). 25. Photographic studios, portrait (7221). 26. Public relations services (8743 n Radio, television and publishers advertising representatives (7313). 28, Real Estate (.6531 -6552). 29. Secretarial and court rgporting services (7338). Security and commodity brokers, dealer, exchanges and services (6211 - 6289). 31. Social services, individual and family 18322 activity centers, elderly or handicapped onlv: dav care centers, adult and handicapped only) 32. Surveying services (8713). 33. Tax return preparation services (7291). 34. Travel agencies (4724, no other transportation services). 35. Any other commercial use or professional services which are comparable in nature with the foregoing uses including those hose that exclusively serve the administrative as onpQed to the operational functions of a business and are associated purely with activities conducted in an office 24 of 58 Words stmek thfetrgb are deleted; words n erlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 A B PERMITTED ACCESSORY USES AND STRUCTURES 1 Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district-- no stand -alone facilities shall be permitted). 2. Any other accessory use which is comparable in nature with the foregoinsz list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted bY 1201ic Y, 5.B.03 DEVELOPMENT STANDARDS A. A_ maximum of one hundred - thousand square feet (100,000 S.F.) of cross office commercial building floor area shall be permitted in the OC district. B Up to 15,000 sf of rg oss floor area of NC District Commercial Permitted Uses and associated structures maybe constructed in the OC district if not used in the NC District as shown by approved site plans. TABLE IV OC DEVELOPMENT STANDARDS PERMITTED USES STANDARDS OC Minimum Site Area 10,000 square feet Lot Width Minimum 100 feet Minimum Yard Requirements' Front Yard 20 feet, except that a minimum 25 foot building 2 setback shall be maintained from Immokalee Road Side Yard 0 or 5 feet, with a minimum of 10 feet between structures Rear Yard 15 feet Adjacent Residential Lot 45 feet (princi}2alz � 5 feet accesso Preserve Setback 25 feet Preserve Setback for Accessory Structures 10 feet Max Building Height Zoned; Actual: 35 feet, Not to Exceed Two Stories 42 feet Distance Between Principal Structures None or a minimum of 10 feet with unobstructed passage from front to rear yard 25 of 58 Words struek4hreugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC • Floor Area Minimum (S.F.) 500 square feet 1: Measured from parcel boundaries 2 Includes dumpsters recycling and refuse areas which shall maintain a minimum 50 foot setbagk from residential. NTE: Not to Exceed 26 of 58 Words stwedc thFeugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SECTION VI =GOLF COURSE 6.01 GOL F COURSED STRICT BA1 The Golf Course District is intended to provides €er an 18 -hole golf course withift the pFejeet 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an the entire een ity PUD• mW serves a variety of functions including important water management functions. The Golf Course District is depicted on the PUD Master Plan , density of residential development shall not be subs4afiiially eMeted. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for other than one or more of the following uses: A. Permitted Principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of food and alcoholic beverages. 4) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted by policy. B. Permitted Accessory Uses and Structures 1) Pro -shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non - commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 27 of 58 Words stmek threagh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8p 6) A maximum of two (2) of the total permissible residential units in conjunction with the operation or management of the golf course. These are considered caretaker's residences. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 2-5' 35' (zoned) and 42' (actual) for Clubhouse and accessory buildings. 1 areas. 6: B. For eeff4me6ert- building permit applications after the effective date of this Ordinance Ebuildings shall be set back a minimum of fifty (50) feet from abutting my residential eeighber-heeds lot and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D7 C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 28 of 58 Words struek through • are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SA SECTION VII COMMUNITY USE 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated CU on the PUD Master Plan, . The Community Use Parcel which is 155.2 acres — is- emmed —by has been conveyed to Collier County, and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for the project. Of 7.02 PERMITTED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: I Parks and playgrounds 2) Bicycle, hiking and nature trails 3) Recreational shelters and restrooms 41 Recreational fields, sports facilities and courts 5) Passive recreational facilities 6) Docks and small boat rentals 7) Community centers 8] Restaurant or snack bar in conjunction with recreational activities 9) Water management facilities and essential services 10) Collier County Fair Grounds State of Florida Forestry Department facilities 12 Fire Station Site 1 32 Household waste and recycling facilities 14 Other governmental facilities 15) Park and ride facilities 29 of 58 Words strdek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 1 1/08/11 CCPC Approved for BCC Any other use which is comparable in nature with thi 1 8 A "1 044 e foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA "). Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section M, Agricultural Development. 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50', except that household waste and recycling facilities shall be set back 100' from abutting residential districts. C. Minimum setback from road right -of -way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: '/Z the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 30 of 58 Words st-fuelgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 Al SECTION V111 ` " SCHOOL/PARK 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated SP on the P2D Master Plan, e,qar-k, The SP sites includes 25 62.1 acres reserved for use as school sites and associated park facilities. Of the total 62.1 acres of SP lands 54.1 acres have This site shefi b been dedicated to the Collier County Public School District, with an additional 8.0 acres remaining for _`park" use eA the . 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) One onsite residential unit for security purposes. This unit shall not count against the number of permissible residential units. Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ( "BZA "). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 31 of 58 Words stmek thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 6) Distance Between Principal Structures: % the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 32 of 58 Words stmek threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 1 l /08/11 CCPC Approved for BCC SECTION IX PUBLIC FACILITES 9.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan as PF, Public Facilities. This site includes 4.4-7 147.0 acres, is owned by Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's requirements for public facilities. 9.02 PERMITTED USES AND STRUCTURES The following uses are permitted within the PDF district: 1) Water treatment plants 2) Wastewater reclamation plants 3) Administrative facilities common to treatment plant 4) Raw water wells 5) Injection wells 6) Stonnwater management facilities 7) Accessory structures including but not limited to maintenance facilities, fueling facilities, communications towers, and other accessory facilities commonly associated with water treatment and water reclamation facilities. 8) Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section I11, Agricultural Development. 9.03 DEVELOPMENT STANDARDS 1) Minimum site area: None 2) Minimum setback from tract boundaries: 100' for water and water reclamation facilities 50' for common administrative facilities 15' for all other facilities 3) Minimum setback from road right -of -way: 25' 33 of 58 Words streek thFaugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 ��' A � 4) Maximum height of structure: 60' 5) Minimum distance between buildings: 10' 6) Minimum standards for parking, lighting, signage, and landscaping shall conform with the applicable Collier County regulations in effect at the time permits are sought. 7) Minimum setback for communication towers: one half of the tower height adjacent to residentially zoned property. 8) The Public Facilities portion of the PUD shall be consistent with the Growth Management Plan regarding potential future interconnections. 34 of 58 Words or-usk threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SECTION X MIXED USE /UTILITY MU/U 10.01 PURPOSE 8A The purpose of this Section is to set forth the regulations for the areas designated MU/U on the PUD Master Plan, The MU/U tracts are intended to allow for a combination of multi - family residential commercial and public use development The subject parcel is, at the time of this PUD Amendment being utilized to house facilities for Orange Tree Utility Company and related services It is anticipated that this site will continue to be utilized for that purpose for an indefinite period of time The MU/U uses will only commence at such time as the Utility functions performed by a public or private utility provider have ceased and been relocated (except in the case that certain utility office type uses, permitted under the MU/U designation, may remain within or be relocated to the MU/U tract) and all utility and access easements are conveyed by Owner, Roberto Bollt, successor trustee of the land trust dated January 27, 1986 and Orange Tree Utility Co., or their successors and assigns, to Collier County and the Collier County Water Sewer District at no cost to Collier County or the Collier County Water Sewer District for the on -site and off -site utility operations of Collier Coun or the Collier County Water Sewer District , and recorded in the official records of Collier County. The easements shall provide for the construction, operation and maintenance of water and wastewater facilities (including but not limited to water, wastewater, and irri atK ion quality water lines and pipes, wells, pumps and pipelines, lift stations, pumping and booster stations, power and telemetry lines, telemetry towers, storage facilities, and any and all other equipment, improvements and infrastructure appurtenant thereto or thereunder) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the capacity, as well as size of, and remove such facilities within the described easement and to access the facilities. The above referenced easements to be granted to the Collier County Water -Sewer District shall be for the operation of the Orange Tree Utility water and wastewater systems to service the existing Orange Tree Utility Water and Wastewater Service Areas." 10.02 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following; A. Permitted Principal Uses and Structures 1) Offices for Orange Tree Utility Company and its successor, including all administration and operational related offices and associated functions. Multi- family dwelling units, both in residential only structures and in mixed -use structures Essential public service facilities, as defined in the LDC, including water and wastewater facilities 4� Group care facilities (category 1 and 1I, except for homeless shelters): care units, except for homeless shelters: nursing homes, assisted living facilities pursuant to 35 of 58 Words stmek tlfexgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC ' SA "' FL 400.402 and ch. 58A -5 FAC; and continuing care retirement communities pursuant to FL 651 and ch 4 -193 FAC. These facilities are considered commercial. 5) All uses permitted in NC District of this PUD and subject to all applicable conditions and restrictions set forth therein. B. Permitted Accessory Uses and Structures 11 Accessory uses and structures customarily associated with the principal permitted uses. C. Conditional Uses The following uses may be allowed as conditional uses in the mixed use district (MU), subject to the standards and procedures established in Chapter 10.08.00 of the Land Development Code: Conditional uses within the C -3 zoning district as defined in the Land Development Code 2� Permitted uses within the C -4 zoning district as defined in the Land Development Code 10.03 DEVELOPMENT STANDARDS A) The development standards for multi -family only structures, Group Care Facilities, and mixed -uses structures shall be as sgt forth in Table V. B) The development standards for commercial only structures shall be as set forth in Section V -A for the NC District of this PUD document, except as provided herein. Cj Development Standards for Essential Services hall be as set forth in the LDC. Dj Distance between principal structures: None, or a minimum of ten (10) feet with unobstructed passage from front to rear yard. Maximum Building Height for all Principal Structures: Zoned: 45 Feet, Not to Exceed Three Stories; Actual: 60 feet. Three story structures shall be set back a minimum of 560 feet from northern R -2 property line. Two story structures zoned 35 feet actual 42 feet, may be constructed within the 560 foot setback using Table V Development Standards. And no commercial structures are allowed within 560 feet of the northern R -2 property line. Fj Minimum and/or maximum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable LDC requirements in effect at the time permits are sou t. 36 of 58 Words AFHOO FthFOugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8Ai" G) This MU /U district shall have its own separate recreational facilities. Total commercial square footage within the entire Oraneetree MPUD shall not exceed 332.000 square feet of rgoss building floor area. Residential density is a maximum of 3,150 residential units in the entire PUD. TABLE-1� V R-4 M/MUDEVELOPMENT STANDARDS FOR GROUP CARE FACILITIES. MULTI- FAMILY ONLYSTRUCTURESAND MIXED USE STRUCTURES* PERMITTED USES STANDARDS CLUSTER HOMES AND ZERO LOT LINE DUPLEX., TRIPLEX, MULTI - FAMILY STRUCTURES ATTACHED SINGLE - FAMILY Minimum Site Area 3000 square feet 3000 square feet 9000 square feet Lot WidEh Minimum N/A 35 feet 90 feet Front Yard Setback 20 feet1 21&eO akgta Side Yard Setback 0 or 6 feetz 0 or 6 feee 15 feet Rear yard Setback 15 feet 15 feet 15 feet' Rear Yard Setback (Accessory) 5 feet 5 feet um Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum BuildingHpight Zoned: Actual: 35 feet 42 feet 35 feet 42 feet 45 feet NTE 3 Stories 60 feet Distance Between Principal 12 feet 12 feet 20 feet' Structures Distance Between Accessory IQ feet 10 feet 10 feet Structures Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 750 square feet 'Residential units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement. The minimum 20 foot front yard setback may ¢e reduced to 15 feet where the residence is served by a side - loaded gr rear entry garage. For corner lots, front setbacks shall apply to the shortest side of the lot. The setback along the 1png_side of the lot may be reduced to a minimum, of 15 feet. 37 of 58 Words stmok thigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8A " Z zero foot minimum side setback on one side is permitted as long as a minimum of 12 foot separation between principalstructur s is maintained. Distance between rn incipal struggggs may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. 3or' /Z sum of zoned building height, whichever is greater. NTE: Not to Exceed * Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer. 38 of 58 Words stmek thmugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SECTION X-Xl GENERAL DEVELOPMENT COMMITMENTS 1144D.01PURPOSE 8A The purpose of this Section is to set forth the general development commitments for the project. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitorin& until close -out of the PUD, and this entity shall also be responsible for satisfying _all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Orangetree Associates, Inc. and Roberto Bolltas Successor Trustee under Land Trust Agreement dated January 27 1986 jointly and seryerally. Should the Mang" Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity, As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Enti1y shall not be relieved of its responsibility under this Section. When the PUD aye is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 11-10.02DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state -of- the -art energy conservation techniques shall be made with-where practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi - family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when -s for the Collier County transit system is C. Use of energy - efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy - efficient appliances and equipment. 39 of 58 Words struck . are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC [71 f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy - efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. M. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION -2)1) The ElOV018pef: Aftil PFO-VidO 90plifftte left and right tum lanes on linmelEalee Road as the pFeject's aeeess if deemed neeessarty by either- the T-FanspeAfttlen signal shall be ewited, epef-ated and maintained by Collier Geunty. The Developer has made a fair share contribution toward the capital cost of a traffic sienal at the intersection of CR 846 and CR 858 required by Transportation Staff. 40 of 58 Words sfFaek thFough are deleted; words underlind are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC The Developer shall fund the fair share cost of a traffic signal at the easternmost development access point on Randall Boulevard in the future as identified on the Master Concept Plan. Developer and Owner shall also perform under the agreement dated January 11. 2011 between Collier County Roberto Bollt and E's Coun Store. LLC as may be amended from time to time. The Developer will provide a comprehensive network of sidewalks and green ways within future R -3 areas of development The main purpose of the re een ways and sidewalks will be to connect the various parts of this PUD This network will provide non - vehicular access to the commercial and community, use portions from residential areas within the PUD to the greatest extent possible, 3.) The developer- shall beaF the entire eest of all tFaffie signals whieh may beeeme- The Developer will reserve and then convey to Collier County a 5.6 acre lake site for water management associated with the future expansion of Randall Boulevard as graphically depicted on the Master Plan. The reserved area shall be donated at no cost to Collier County within 180 days of Counjy request No impact fee credits are available for the donation. This is a site related contribution. 4j T Developer will reserve and then convey to County a 20 ft wide road easement for the future expansion of Randall Boulevard as depicted on the Master Plan. The reserved road easement shall be donated at no cost to Collier CgynV within 180 days of Counjy request, No impact fee credits are available for the donation. This is a site related contribution At the time of issuance of a certificate of occupancy for commercial development that exceeds 40,000 square feet of gross floor area for the entire PUD the Developer shall construct, at no cost to Collier County, a 10' X 20' CAT bus shelter (and accompanying sh lter /access a ment near the Randall Boulevard intersection with Immokalee Road. Owner shall be responsible for maintenance of the bus shelter unless Owner gonveys an ea ment to Collier Counjy for th bus shelter at no cost to County. All proposed access points /driveways and turning movements on the attached master plan are conceptual only and do not create any vested rights in favor of Qwner or Developer. Driveways and access points shall be determined at plat or SDP approval. Prior to the issuance of building permits in the R -3 district or the commencement of the use of heavyquipment in the R -3 district whichever is earlier, one additional future access point to either Oil Well Road or Randall Boulevard shall be constructed by Developer so that it may be used for construction traffic Develo er at its sole cost and expense, hall install additional security gates as designated in Exhibit E. One of the gates — at the Randall Boulevard entrance or Oil Well Road entrance — shall be installed and operational prior to the issuance 41 of 58 Words stmek thFeugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC SA�i of the first Certificate of Occupancy in the R -3 district of this PUD The other entrance ate shall be installed and opprational when the internal roadway which connects to thepublic roadwayis granted final acceptance by the County. The remaining gates, which are internal to the development shall be installed and operational as follows: Gate south of R -2A [EastJ prior to issuance of first Certificate of ccupancy for the R -2A Section [East] - Gate north of R -2A shall be installed immediately after the new roadway which will serve the new residential development is constructed to county standards. D. WATER MANAGEMENT 1) A master /conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering PepaftneRf prior to commencement of construction. 3) Surface Water Management Permits, or modifications thereof shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water-management for the Of-angetree pfejeet shall impleffiefit-wa-- quajity 6) 4) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88 -26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs /lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER & SEWER 1) Nothing in this PUD shall in any manner be construed to affect modify,, and/or nullify the Final Summaa Judgment entered by the Circuit Court of Collier County on August 28 2009 in Orangetree Utility Co. v Collier County, Case No. 07- 2333 -CA_ (recorded in O R Book 4490 Pages 2893 -2894 Public Records of Collier CQunV r the appellale decision and mandate affirming the Final Summary Judstment issued b the Florida District Court of Appeal in Case No 21309 -4407. Nor shall anything in this PUD affect modiy or extin ug_ish any Words string}} are deleted; words underlined are added. 42 of 58 Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8 A 1' legal or equitable rights or responsibilities of the County, of Oran eg tree Associates and/or the Orange Tree Utilities Company (Orangetree Associates and the Orange Tree Utilities Comg_any are collectively referred to as the "Developer "), existing or arising under the Settlement and Zoning Agreement dated January 27. 1986 (recorded in O.R. Book 1180 Pages 1557 through 1599 public records of Collier County) and/or the related agreement dated May 29 1991 (recorded in O.R. Book 1623 pages 1539 - 1549) and/or the Amendment to Agreement dated May 14, 1996 (recorded at O.R. Book 2183 pages 1519 — 1520 and/or the Second Amendment to AUeement dated Augusta 1998 (recorded at O. R. Book 2449, pages 430 -440). Throughout this document no distinction is intended (nor shall be construed) between the "Orange Tree Utility Company" and the "Orange Tree Utility Company, Inc." The parties hereto agree that all lands in this PUD are within the geographic boundaries of the verified water service area and the certified wastewater service area of the Orange Tree Utility, Inc. The Ownership and conveyance of the utility facilities shall continue to be ovg erned by the agreements (including, any approved modification to the agreements) and court decisions referenced above, and the following provisions of Section E.2 -9 shall apply to the site. The Florida Public Service Commission ( "FPSC ") does not now regulate Orange Tree Utili1y, Inc., pursuant to Chapter 367, Florida Statutes. Such jurisdiction is exercised by the Collier County Water and Wastewater Authority ACCWWA" 1 Therefore, all references in those agreements to the FPSC shall be construed to refer to the CCWWA unless and until Chapter 367, Florida Statutes jurisdiction is, by Resolution of the BCC, ceded back to the FPSC pursuant to ion 367.171 Florida Statutes 1 ,22) Water Facilities — Developer shall provide an on -site potable water source and shall construct an on -site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2 3) Sewer Facilities — Developer shall construct an on -site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to C—kapter 1? 6.049(q) subsection 62- 600.530 and other then applicable provisions of the Florida Administrative Code, required to allow use of treated effluent in the proposed on- site dfip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer or Orange Tree Utility Company operates the sewage treatment plant, data required pursuant to County Ordinance late. 80 --1-12 No. 2004 -31, as amended. as may hereafter be amended) or as may be superseded by other Collier County Ordinances), showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection 43 of 58 Words straek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 8A'"' and transmission systems and the on -site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3 4) Plans Approval — All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. " ...... ........_.., ­ Developer wiR pf:esent N'er-ifiee4jen, ptesti- ' 01 . ' -67, Rer-ida StaNtes, Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record as -built drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 45) Facilities Ownership and Conveyance — It is understood by the Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution /collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn wiM-agreed not to make formal request to serve the project with water or sewer related services before December 31. 2012 . In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water /sewer systems have been conveyed to Collier County, any required expansions to the on -site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, or his successors or assigns and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to 44 of 58 Words 90••e' are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC 1 1 1.4 8 A appropriate County ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 66) Rights -of -way /Easements — All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights -of -way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer or his assigns or successors shall provide ag required easements the Collier County Water -Sewer District with easements throughout the development for utility facilities necessary to serve the Or n ,egrtree Service Area and customer base at no cost to the Collier County Water -Sewer District. - At sueh time as Collier Getm(�, sewer- the site shall be diseentinties operation of the on s4o-watep-ff bask develepef: plants, plaHt stautery deed and site Utility easements Genveyed to the by applieable shall be vaeated emeept that an easeffie"t . 67) Connection to County Water and /or Sewer Facilities -- All construction plans and technical specifications related to connections to the County's off -site water and /or sewer plants and facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off -site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and/or sewer facilities will be made by the Developer, te4 or the Developer's assigns or successors at no cost to the County within 120 days after suek the CCWSD's facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and/or sewer lines necessary to make the connection(s). �$) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the Developer or the interim utility 45 of 58 Words struslc a are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC established to serve the project until Collier County makes formal request for dedication of water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off - site water and /or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer and /or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 89) System Development Charges — During that period of time that the water and sewer utility system is owned, operated and maintained by the Developer, Developef —or by the Orange Tree Utility Comlany, the Orange Tree Utility Comgmy may charge a system development charge to each connecting customer in an amount as approved and allowed by FPSC the Florida Publie SeFyiee Developer agrees to pay all applieable legally required system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water and/or sewer impact fee will be required to pay to the Coun system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee to the County, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the Orange Tree Utility Company's water eF and sewer utility treatment facilities as a part of its CCWSD's regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on -site treatment facilities. The Developer shall ensure that each prospective purchaser of a lot, parcel of land, or unit, in this PUD will receive advanced written notice in sales literature that it is anticipated that each customer of the certified utility serving the project shall be required to pay Water and Wastewater Impact Fees and other utility fees and utility charges to the County when the County commences to provide the respective utility service(s) to this PUD. the off site tr-eeAment and tFansmissien f4eilities operated and maintained by the 46 of 58 Words seek dwough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC waWf aPAVer- sewer. system do-velepment Amps or- impaet fees, Sh-All he- eenstFued as superseding the applieable pmyisiefis of this subparagraph & m5` aettwties. FMYMANilY:M11W'MMOk Sol 1,111i PON �� uewllrlxw�� �rwY, unwrwl YU M m5` aettwties. system shall be leeated aeeer-ding to the requirements of Ghapter- 6R Rof the Florida Adm:n'stmtive Code. Wells that do net dFaw water fi-em the suffieial 47 of 58 Words stfuek thi--etigh are deleted; words underlined are added. Orangetree PUDZ- PL.2003 -AR -3608 11/08/11 CCPC Approved for BCC Sol 1,111i PON • P. • Y . ........... i� system shall be leeated aeeer-ding to the requirements of Ghapter- 6R Rof the Florida Adm:n'stmtive Code. Wells that do net dFaw water fi-em the suffieial 47 of 58 Words stfuek thi--etigh are deleted; words underlined are added. Orangetree PUDZ- PL.2003 -AR -3608 11/08/11 CCPC Approved for BCC E•Ll &F. EDUCATION The project 969 h_U fully mitigated its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. Future development of the educational facilities within the PUD Zoning District shall be subject to the we Interlocal Agreements adopted May 16. 2003 and implemented by mendments to the Land D veto m nt Code adopted on February 11, 2004, or by any successor or amended ordinance between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. 4+G. FIRE PROTECTION 1) The Developer commits to ensuring that required fire flow availability, er Florida Fire Prevention Code as currently ado ted by the State of Florida, shall be provided for all residential and commercial facilities Prior to C.O. of respective structures. 2) BuildiRg Heights shel! be limited to Menty five (25) feO fer- all habit—ab-IM Maximum actual building heights shall not exceed sixty feet in accordance with B Corks grew Island Fire Control & RescueDis it's a ui men capabilitt ies. 1-H. FISCAL The developer has agreed to dedieate conveyed, a two school sites to the Collier CounIX School Beerd District including a donation of 25 acres and to has donated fifty -five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the pFejeet-'s fiscal impacts of ths originally approved and vested development 2.100 dwellin units an 22 acr s 160 00 square feet of commercial 114-0.03 ADDITIONAL CONDITIONS A. The landscape buffer along the "R -2" residential prope _ north of and adjacent to Oil Well Road shall be reduced to ten (10 feet B. Enhanced landscape buffers shall be provi ed between commercial and residential uses as provided in Exhibit C and D. Words stmel 4hreegh are deleted; words underlined are added. 48 of 58 Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC r:Ll C. Commercial parking lot lighting shall be limited to a maximum height of 25 feet, shall utilize low pressure sodium or similar bulbs and shall be shielded from residential uses, D. Future recreation locations in the R -3 district are shown in Exhibit E. These fa ilities may include, but are not limited to recreation tot lot, tennis, pool and clubhouse. Recreation area #1 shall be substantially completed prior to the first certificate of occupancy in the R -3 district. Recreation #2 shall be substantially completed prior to 500th certificate of occupancy in the R -3 district. E. The R-3 district as identified on the Master Plan shall have a separate homeowner's association. 1144.04AMENDMENT Amendment of this PUD Document, or of the PUD Master Land Use Plan, shall be accomplished according to the procedures set forth by in the Collier County Development, Land DeveloRment Code. 49 of 58 Words stmek threu are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC i EXHIBIT A: MASTER PLAN 1 i - 1 m * %U'". I A N 4 Al. �M �$li Q71M jai ere ote le! t 3 ORANCEIMMASSOMTM � Rp71iWB 1 >1A ruw XAR^ n,ol M 34119 1 f 8 A �" EXHIBIT B: LEGAL DESCRIPTION A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER LYING IN SECTIONS 11 12 13, 14 22 23, 24, 25, 26 AND 27, TOWNSHIP 48 SOUTH RANGE 27 EAST AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH RANGE 27 EAST• THENCE N.89 °30'54 "E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14 FOR 50.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (STATE ROAD 846), THENCE N.00 025'16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR 269.21 FEET TO THE SOUTHWEST CORNER OF GOLDEN GATE ESTATE UNIT 59 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE N.89 °33'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 FOR 5294.24 FEET• THENCE N.89 033'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 AND GOLDEN GATE ESTATES UNIT 60 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 62 OF SAID PUBLIC RECORDS FOR 5328.02 FEET TO THE WEST LINE OF A 80 FOOT WIDE DRAINAGE CANAL RIGHT -OF -WAY• THENCE S.00 °29'1 7 "E. ALONG THE WEST LINE OF SAID DRAINAGE CANAL RIGHT -OF -WAY FOR 1364.99 FEET• THENCE S.89 °33'04 "W. FOR 3729.37 FEET• THENCE S.00 °29'17 "E. FOR 4173.91 FEET• THENCE S.00 029'17 "E. FOR 50.00 FEET- THENCE N.89 °35' 2 "E. FOR 302.18 FEET; THENCE S.00 024'28 "E. FOR 50.00 FEET• THENCE S.00 024'28 "E. FOR 850.00 FEET-, THENCE S 39 °58'35 "E FOR 255.00 FEET• THENCE S 50 °28'31 "E FOR 630.00 FEET., THENCE S.31 °29'32 "E. FOR 299.99 FEET• THENCE S.47 °05'12 "E. FOR 686.83 FEET• THENCE N.81 045'28 "E. FOR 230.00 FEET• THENCE S.88 °17'04 "E. FOR 645.91 FEET.- THENCE S.58 031'32 "E. FOR 1010.00 FEET; THENCE N.89 °30'43 "E. FOR 400.02 FEET• THENCE S.00 029'17 "E. FOR 2762.49 FEET TO THE NORTH RIGHT -OF -WAY LINE OF RANDALL BOULEVARD (100 FEET WIDE)• THENCE S 89 °32'17 "W. ALONG SAID NORTH RIGHT - OF -WAY LINE FOR 12294.08 FEET TO THE BEGINNING OF A TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET, THENCE NORTHERLY 133.90 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 153 026'18" BEING SUBTENDED BY A CHORD THAT BEARS N.13 °44'34 "W. AT 97.33 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF IMMOKALEE ROAD (STATE ROADS 846 -100 FEET WIDE) TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY HAVING A RADIUS OF 2914.93 FEET: THENCE NORTHERLY ALONG SAID EASTERLY RIGHT -OF -WAY 3321.37 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 6 °17'05" BEING SUBTENDED BY A CHORD THAT BEARS N.30 °20'03 "E. AT 3144.59 FEET THENCE N.02 018'30 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2561.80 FEET., THENCE N.01 ° 17'15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2895.93 FEET: THENCE N.01 009'15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2591.18 FEET• THENCE N.00 025'16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 269.95 FEET TO THE POINT OF BEGINNING. 51 of 58 Words are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC CONTAINING 2235.875 ACRES, MORE OR LESS. _LESS PARCEL 1 - DESCRIBED IN OFFICIAL RECORD BOOK 4417, PAGE 2960: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 48 SOUTH, RANGE 27 EAST; THENCE S.89 °35'32 "W. ALONG THE SOUTH LINE OF SAID FRACTION AND ALONG THE CENTERLINE OF OIL WELL ROAD FOR 1201.85 FEET, N.00 °29'17 "W. FOR 50.00 FEET TO THE NORTH _RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 2981 AT PAGE 2872, COLLIER COUNTY PUBLIC RECORDS; THENCE N.00 °29' 17 "W. ALONG THE EAST LINE OF SAID PARCEL FOR 2353.80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4417 AT PAGE 2960 SAID PUBLIC RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED_ PARCEL, S.89 °33'04 "W. ALONG THE SOUTH LINE OF SAID PARCEL FOR 2482.41 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N.00'29'1 7 "W ALONG THE WEST LINE OF SAID PARCEL FOR 1427.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND TO THE SOUTHERLY LINE OF A 150.00 FOOT WIDE CANAL MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF SAID PUBLIC RECORDS, N.74 °32'51 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1515.81 FEET, N.89 °33'04 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1018.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, THENCE S.00 °29' 17 "E. ALONG THE EAST LINE OF SAID PARCEL FOR 1819.99 FEET TO THE POINT OF BEGINNING. CONTAINING 97.120 ACRES, MORE OR LESS. AREA OF THE DESCRIBED PARCEL CONTAINS 2138.755 ACRES MORE OR LESS. 08- CPS- 00868 \118 52 of 58 Words s t# a are deleted; words underlined are added. 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Residential Building Setback Line rL • • • • • S 3 X OZ M m S ,r C 3 Cr ro C o (D N %0 Q j S -O ID eD rt C Q S O � O ? vn90 C O —_ 0� a� r) c: T 0 ID ' \ j W s v gMO SO ° S if 3 C O y S C F7 n flJ N N O o S 3 X OZ M m S ,r C 3 Cr ro C o (D N %0 Q j S -O ID eD rt C Q S O � O ? ---- ---- A oil -J L-.,.-] .77 o ........... rr ................ 10i 'r :2 Z G3 C-) M m >m PI) I >;a -" �, r,r ;a m C m 0 ORANOBTM KMA OP-ANGhTRMASSOMTM N"US.PWRIDA 34119 AMA LOCATIOM i BA t" Acct. #068779 December 15, 2011 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: PUDZ- 2003 -AR -3608, Orangetree PUD Dear Legals: Please advertise the above referenced legal notice on Wednesday, December 21, 2011, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 8A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 10, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment 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 NUMBERS 2005 -42 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT; TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO DELETE ENVIRONMENTAL COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12, 13, 14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) �nt�,o� � c llier CLERK OF THE RC Dwight E. Brock COLLIER COUNTY OUI Clerk of Courts 3301 TAMIAMI IL P.O. BOX 4 3044 NAPLES, FLORIDA 41 December 15, 2011 Robert J. Mulhere, FAICP Mulhere & Associates, LLC P.O. Box 1367 Marco Island, FL 34146 T COURT FUSE Clerk of Courts Accountant Auditor Custodian of County Funds A""p 4 ST Re: Petition: PUDZ - 2003 -AR -3608; Orangetree PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 10, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, December 21, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com o6llier CLERK OF THE C R Dwight E. Brock COLLIER COUNTY O Clerk of Courts 3301 TAMIAMI P.O. BOX 4 30 December 15, 2011 NAPLES, FLORIDA Orangetree Associates 4500 Executive Drive Suite 110 Naples, FL 34119 101 COURT USE Clerk of Courts Accountant Auditor Custodian of County Funds 8 p ,.. Re: Petition: PUDZ - 2003 -AR -3608; Orangetree PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 10, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, December 21, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 6� eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com nt�- of ` llier 8A CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE g 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 44 Auditor December 15, 2011 Custodian of County Funds Burt Saunders, Esquire Gray Robinson Law Firm 5551 Ridgewood Drive Naples, FL 34108 Re: Petition: PUDZ- 2003 -AR -3608; Orangetree PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 10, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, December 21, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com 8A Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: PUDZ- 2003 -AR -3608, Orangetree PUD Attachments: PUDZ- 2003 -AR -3608 (BCC).doc; PUDZ- 2003 -AR -3608 (Orangetree).doc Legals, Please advertise the attached legal advertisement on Wednesday, December 21, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239- 252 -8408 fax Teresa. Polaski@colliercierk.com 8A " Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, December 15, 20113:12 PM To: Teresa L. Polaski Subject: RE: PUDZ- 2003 -AR -3608, Orangetree PUD lei q, From: Teresa L. Polaski fmailto: Teresa .Polaski(c�)collierclerk.com] Sent: Thursday, December 15, 20112:51 PM To: Legals NDN Subject: FW: PUDZ- 2003 -AR -3608, Orangetree PUD I sent this earlier today. Can I get an ok if it was received. Thanks From: Teresa L. Polaski Sent: Thursday, December 15, 2011 11:44 AM To: Naples Daily News Legals Subject: PUDZ- 2003 -AR -3608, Orangetree PUD Legals, Please advertise the attached legal advertisement on Wednesday, December 21, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239- 252 -8411 239 - 252 -8408 fax Teresa.Polaski@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk. com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Teresa L. Polaski 8 A From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, December 15, 20114:39 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS213A jpg Please provide an OK to print by 9:OOam on Friday for publication on December 21st. Thank You, Naples Legals Thank you for placing your ad. Date 12/15/11 Publication NDN Account Number 744102 Ad Number 1927686 Total Ad Cost $243.90 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 10, 2012, in the *-A 8 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 NUMBERS 200542 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FORA TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT: TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES'A.ND MIXED USES, AND TO DELETE ENVIRONMENTAL COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12, 13, 14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 7138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file whh 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 orgganization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Inca to have written or erials included in the a packets must submit a minimum of 3 weeks 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 wall 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 participate in this proceeding, YOU are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 33,3 ?Tamiamt Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By. Teresa Polaski, Deputy Clerk: (SEAL) December 21, 2011 No. 1927686 S A1", Teresa L. Polaski From: Teresa L. Polaski Sent: Thursday, December 15, 20114:44 PM To: Neet, Virginia; Deselem, Kay Subject: FW: Ad Confirmation Attachments: UAS213A jpg NDN is asking for an ok to run this ad by 9am tomorrow morning. Please review. - - - -- Original Message---- - From: Green, Amy [mailto:AGreen@Naplesnews.coml Sent: Thursday, December 15, 20114:39 PM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on December 21st. Thank You, Naples Legals Thank you for placing your ad. Date 12/15/11 Publication NDN Account Number 744102 Ad Number 1927686 Total Ad Cost $243.90 Teresa L. Polaski 8 To: Green, Amy Subject: RE: Ad Confirmation Looks good, Ok to run. - - - -- Original Message---- - From: Green, Amy f mailto:AGreen @Naplesnews.coml Sent: Thursday, December 15, 20114:39 PM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on December 21st. Thank You, Naples Legals Thank you for placing your ad. Date 12/15/11 Publication NDN Account Number 744102 Ad Number 1927686 Total Ad Cost $243.90 Teresa L. Polaski From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Thursday, December 15, 20114:48 PM To: Teresa L. Polaski Subject: RE: Ad Confirmation Teresa Per Heidi it is OK - Could you please send me a copy of the ad request? Thanks. Dinny - - - -- Original Message---- - From: Teresa L. Polaski jmailto: Teresa . Polaski @col lie rclerk.com1 Sent: Thursday, December 15, 20114:44 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation NDN is asking for an ok to run this ad by 9am tomorrow morning. Please review. - - - -- Original Message---- - From: Green, Amy fmailto:AGreen @Naplesnews.coml Sent: Thursday, December 15, 20114:39 PM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on December 21st. Thank You, Naples Legals Thank you for placing your ad. Date 12/15/11 Publication NDN Account Number 744102 Ad Number 1927686 Total Ad Cost $243.90 Please visit us on the web at www.colliercierk.com 8 Al "a This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. I g A I .z Unless expressly stated opinions in this message are those of the individual sender and not oTthkice of t e Clerk of p Y p g the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 104 Teresa L. Polaski 8A i From: DeselemKay <KayDeselem @colliergov.net> Sent: Thursday, December 15, 20114:53 PM To: Teresa L. Polaski; Neet, Virginia Subject: RE: Ad Confirmation Looks good to me. Dinny, what say ye? Kay Deselem, AICP, Principal Planner Zoning Services- -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kaydeselem @colliergov.net - - - -- Original Message---- - From: Teresa L. Polaski jmailto: Teresa .Polaski @collierclerk.coml Sent: Thursday, December 15, 20114:44 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation NDN is asking for an ok to run this ad by 9am tomorrow morning. Please review. - - - -- Original Message---- - From: Green, Amy jmailto:AGreen @Naplesnews.coml Sent: Thursday, December 15, 20114:39 PM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on December 21st. Thank You, Naples Legals Thank you for placing your ad. Date 12/15/11 Publication NDN Account Number 744102 Ad Number 1927686 Total Ad Cost $243.90 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the ff of the Cli erk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. z Teresa L. Polaski From: Martha S. Vergara Sent: Wednesday, December 21, 20118:11 AM To: Teresa L. Polaski Subject: FW: Thank you for placing your classified advertisement. From: Naples Daily News [ mailto :napiesnews(xbclicknbuy.com1 Sent: Tuesday, December 20, 2011 11:08 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad #1927686 Thank you for placing your classified advertisement. g p 1"6i The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 10, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment 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 NUMBERS 2005 -42 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT; TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO DELETE ENVIRONMENTAL COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12, 13, 14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building 8A r 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: Teresa Polaski, Deputy Clerk (SEAL) December 21, 2011 No. 1927686 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: htip:Hsecure.adpay.com /adwizard login. aspx ?1= 19516446 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. i� • TO CONSIDER CE Notice Notice Is herebyy rven that on Y, JANUAR7 �; 2912, in the 3rd Flood .Admim m t he ding ' Collier County Government Canter, 3298 East -Tamiami Tren, Naples, Florida, the Board of County tommissioners will consider the enactment of a County Didinpriae. Tt*- meeting win commence at 9:00 A.M. The - title of the proposed Ordinenceis as follows: Copies of the proposed Ordinance are on fne with the Clerk .tp the Board and are available for Inspection. A4. Interested patties are invited to sttend andlie heard. NtffEc , AV persons wishing to speak on arty agenda item must register with the Ceunty o"nktrator prior. to presentation of the nda item be on any Item: ,7he selection of an. Mdivid Ito ehalf • of an o gt speak on b ol�eMdtsellen .let or organlzaron may w w,ms , .., minute;, to speak pn an item. Persons wishi toy have written or graphic materials included in the Board agenda packets must submit said material, a minimemr of-3 weeks PrW to the respective public hearing. n anon case; wrkten,materiil- intended to be considered .bY the Board shall be submitted to the appropriate County staff p minimum of seven daayyss prbr to the public hearing. All r= el used. io presentations before the Board will become a. permanent part' of the record. Any person who . des to appear a decision of the Board will need a record; of the proceedings pertaining thereto and therefore, may to ensure that b'ved)Wm of'the proceedinggss is . made, which record includes the testimony and, evidence upon which the appeal Is based. If yw `are a person with a disability vvho needs any accommodation in order to participate in this proceeding, you are,eMkled, at no test to your to the provision of certain assistance Please contact gthe Colliery County Facilities at'�a3335 Tamitaili ''frail mEast. Buildiv W. Maples, Florkla 34112, (239x252 -8380; Assisted listening devices for the liearing':impeiW are available in the. County Commissioners' OfB6e. BOARD OF COUNTY COMMISSIONERS C=ER COUNTY, FLORIDA.,. FRED COYLE, CIWRMAN lyWS6N. 2. M16tkQ�p811RL {f� 3 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared MaEyLynn Roeller, who on oath says that she serves as the Advertising Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 times in the issue on December 21Sr, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for p blic tio�n in the said Twspaper . ( Signature otAffiantV Sworn to and subscribed before me This 27th da of December, 2011 (Signature of notary public) KAROL E KANGAS Nolsry Public - $tste of Fbrida 0"o-o-OPI-11 My Comm. Expires Jul 29, 2013 Commission # DD 912237 NOTICE .. i..I record. An Peen whp d�cideS to appeal a eclsid o � the PW.01 rd O'11Pertainding thereto. and 4herafore may .need to errsyre lbirt ft var rn retold of the r� ay ,made, wnrwyiden�re incf t the testirnq i based upon which the appeal If `you are a Pct w a eltauitlty vJho needs any actsrmmodatton in �Ipatq in th' rocesdin% order to elect, at no to you, to the proiw., of certain asslstgnte•. Plw contact the, Collier County BOARD OF COUNTY L�ONINHSSIONERS COL;J(fft;CQUNTX, FtARWA. . PREb CE7KLP, ENAtRMAN 61{IIGMr E. "oCK, CLERK ay ,7erebal� 4eP'rty cYSrk � ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUgE Print on ink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 'tire completed routing slip and on maT P PP g g documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations /'A / 2. February 14, 2012 Agenda Item Number 8.A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 2 '2� Z- 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was February 14, 2012 Agenda Item Number 8.A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Number of Original 1 Attached a I Z412�a� Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, /rD resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's /rD Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ID document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ID signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. �D Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC February 14, 2012 and all changes made during the meeting have been incorporated in the attached document. The County 49 Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 LOT MEMORANDUM Date March 2, 2012 To: Kay Deselem, Principal Planner Zoning and Land Development From: Teresa Polaski, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -09: PUDZ- PL2003 -AR -3608 Attached for your records is a copy of the Ordinance referenced above (Item #8A) adopted by the Board of County Commissioners on February 14, 2014. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, please call me at 252 -8411. Thank you. Attachment [Z! MEMORANDUM DATE: March 2, 2012 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Teresa Polaski, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2012 -07, 2012 -08 & 2012 -09 Attached for your records, is a copy of the document referenced above, Adopted by the Board of County Commissioners on Tuesday, February 14, 2012. If you have any questions, please feel free to call me at 252 -8411. Thank you. Attachment ORDINANCE NO. 12- 0 9 8A AN ORDINANCE AMENDING ORDINANCE NUMBERS 2005 -42 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT; TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO DELETE ENVIRONMENTAL COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12, 13, 14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Orangetree Associates, a Florida general partnership, represented by Burt Saunders, Esquire of the Gray Robinson law firm and Robert J. Mulhere of Mulhere & Associates, Inc., has petitioned the Board of County Commissioners to revise the Orangetree PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO EXHIBIT "A ", THE PUD DOCUMENT OF ORDINANCES 2005 -42 AND 2004 -73 Exhibit "A ", the PUD Document of Ordinances 2005 -42 and 2004 -73 is hereby amended and replaced with Exhibit "A" attached hereto. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 1 of 2 • PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this l 'AA-\,\ day of 2012. ATTEST D GHT E. BROCK, CLERK i= r Deputy Clerk Approved as to form and legal sufficiency: L I J(L) etdi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — PUD Document CP \08- CPS - 00868 \134 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y- W. C'J,' FRED W. COYLE, C&Irman Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 2 of 2 ONPin AND DEVELOPMENT ORANGETREE PUD DOCUMENT i 8A Prepared for COLLIER COUNTY PUBLIC UTI iTIES FNGPiEERING DIVISION ORANGETREE ASSOCIATES F44- Amendment Prepared by: Wits ,nNfille T.. planning Robert J. Mulhere, FAICP Mulhere & Associates, LLC Engineers, Planner-s and Land guf-,,eyers 3200 Bailey Lane I I i , 1- 1, Suite 200 PO Box 1367 Niles -Marco Island, Florida 34146 05 Legal Burt Saunders Gray Robinson 5551 Ridgewood Drive, Suite 303 Naples, Florida 34108 Civil Engineering Matt McLean, P.E. Agnoli Barber & Brundage 7400 Tamiami Trail North Naples FL 34108 Transportation Norman J. Trebilcock, AICP, P.E. Trebilcock Consulting Solutions, PA 6660 Mangrove Way Naples, FL 34109 Environmental Jeremy Sterk Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 Original,Z & DD Approval: Peeember- 10,-448-5 Ordinance Number: 87 -13 Repealed Appr°ved-by GGPQ Peeembe.. 2n 1990 Amendments: Ordinance Number: 91 -43 Repealed Appr-vved by BCQ May 11; 2004 Words struck through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved Ordinance Number: 2-004 -30 Repealed Ordinance Number: 20 2,004!- 1!71305 [ Apps -e rcc` by GGY �� Ordinance Number: 2,005 -42 BAfi hi `t iT Words str-tie k tkOu^" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved �*IOFA INDEX Words °true' thy-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 1 PAGE Index i List of Exhibits and Tables 3 ii Statement of Compliance 224 iii SECTION I Property Description and Ownership 1 SECTION II Project Development -52 SECTION III Agricultural Development CA.G) 4-08 SECTION W Residential Development (R -2, R -3-R-4) 4-210 SECTION V -A Neighborhood CommercialiNeighber -heed NC 4-417 SECTION V -B Office Commercial OC 2423 SECTION VI Golf Course GC M 27 SECTION VII Community Use CU 2429 SECTION VIII School/Park SP 24 31 SECTION IX Public Facilities PF 2-633 SECTION X Mixed Use/Utility MU/U 2-735 SECTION X XI General Development Commitments -3-039 Words °true' thy-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 1 • LIST OF EXHIBITS AND TABLES PAGE TABLE I Land Use Summary 6 TABLE II Estimated Absorption Schedule 7 TABLE II -A R -2 Development Standards 14 TABLE II -B R -3 Development Standards 15 TABLE 11 -C Non - Residential Use Development Standards 16 TABLE III NC Development Standards 22 TABLE IV OC Development Standards 25 TABLE V MU/U Development Standards 37 EXHIBIT A Master Plan 50 EXHIBIT B Legal Description 51 EXHIBIT C Landscape Buffer Location Map 53 EXHIBIT ED Landscape Buffer Exhibits: 1. Neighborhood Commercial — Randall Boulevard Landscape 54 Buffer to Residential 2. Office Commercial Landscape Buffer to Residential 55 3. Neighborhood Commercial — Oil Well Road Landscape to 56 Residential 4. Mixed Use/Utility Landscape Buffer to Residential 57 EXHIBIT E Future Gate /Recreation Area Locations 58 Words stmek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved ii loom, STATEMENT OF COMPLIANCE The Development of t 2,138.76 acres of property in Collier County, as a Planned Unit Development, known as Orangetree PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The Development is subject to, and will also be in compliance with, the Binding Let4er- of 1ntefpf:eta4ien of Vested Rights Statu4Bifiding het4er- ef inteFffetafien of MedifieeAien te a Development ef Regional impaet with Vested RightsNested Rights Status nefifieation issued by the FleFida Depat4fnefit of Community Affairs en Apf:il 8, 1986 Binding Letter of Modification to a Development with Vested Rights and Binding Letter of Interpretation of Development of Regional Impact Status for North Golden Gate issued by the Florida Department of Community Affairs on September 28, 2009. The residential, commercial, agricultural, community facility, public facility and recreational land uses of the Orangetree PUD will be consistent with the growth policies, Land Development Code regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 5. The project's gross density of 1.5 dwelling upper acre, commercial uses, and other non - residential uses, are consistent with the Rural Settlement Area designation in the Future Land Use Element and Golden Gate Area Master Plan of the Growth Management Plan. The Rural Settlement Area District allows the uses identified in the Orangetree PUD and does not establish maximum densities or intensities. SHORT TITLE This Ordinance shall be known and cited as the " Orangetree Planned Unit Development Ordinance." Words stf:ue k thfou^" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved iii Words s+... ek thfoug`' are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 1V • SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION, AND PURPOSE It is the intent of A; nen Golan, T- rustee, Orangetree Associates, a Florida general partnership, and Roberto Bollt, as Successor Trustee under Land Trust Agreement dated January 27, 1986 (hereinafter called "Applicant or Developer ") to establish construct or have constructed a Development on approximately 2-136.87 2,138.76 acres of property located in Collier County, Florida. The term Developer includes all successors and assigns of Developer. The subject property is described as "Nefth Galdefi Ga4e" the "Rural Settlement Area District" on the Collier County Future Land Use Map (F.L.U.M) maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways and both vacant and developed platted lands. Orange Blossom Ranch MPUD also lies to the east. Oil Well Road (CR 858) runs through the site rp Wect in an east -west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2136 87 2,138.76 acres and is described as follows: Parts of Sections 11 12 13 14 22 23 24 25 26 and 27, Township 48 South, Range 27 East, Collier County, Florida, less and except those lands described in the full legal description defined in Exhibit "B" attached, 1 of 58 Words stfuek thr-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE TOO The purpose of this Section is to generally describe the plan of the development and to delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject pafeel roe is designed as to accommodate a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in compliance with the applieable Collier County Zeni-ng -ate SubdiViSiOfl FegH1a4i0HS as Well as othef Collier- County development codes Land Development Code and ordinances in effect at the time of issuance of building permit or development order, unless those regulations are in conflict with specific approvals granted herein. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall follow be in compliance with the design and development standards and review procedures regulating subdivisions of the in Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Subseetion 1 n 02 03 of the Collier County Land Development Code (LDC) shall apply . , pfier at time of to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the PUD Master Plan, Thomas T is .e A eiates Doc Ne 9020. Which is attached hereto and made a part hereof. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 2 of 58 Words s4uek thfoug 'are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 2.06 PROJECT DENSITY i The total acreage of the subject property is approximately 2136.87 2,138.8 acres. The maximum number of dwelling units to be built on the total acreage is 2,-1 -A8 3,150. The numbe densfty of dwelling units per gross acre is approximately 9-38 1_5. The density on individual parcels of land throughout the project may vary according to the type of housing placed unit. on - easy pareel�f land bu Regardless of unit type or density, the development of each parcel shall comply with the guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units , of provided that the total number- of dwelling units shall not exseed 2,100 3,150 units including any caretakers' residences allowed as permitted uses, in the respective Districts. The Adfninistr-mer- shall be notified in aeraefdanee with seetien types of other- ea4eger-ies se that the tetal number- ef dwelling units shali not exeeed 2, 100. 9.919M -110-Mv- MOM NO i �M .- I-. - - 2.038 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document, and any other applicable Coun1y requirement set forth in the LDC or other applicable code or ordinances. 2.4-09 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 3 of 58 Words str-uek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved " for the development the bUt the iS of pr-E)pefl�, pr-OpeFt�, based knewledge. The estimate may, ef ne fnefe than an estimate on eur-r-efit fnafketing , fer- the 15 development PeFied. abser-ption of units estimated yeaf 2.038 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document, and any other applicable Coun1y requirement set forth in the LDC or other applicable code or ordinances. 2.4-09 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 3 of 58 Words str-uek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved xsm 2.14-0 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Mast P4a* review and approval. 2.121 LAKE SITING As depicted on the Master Plan, , lakes and natural retention areas have been sited adjacent to existing and planned roadways and development areas. The goals of this are layout is to achieve an overall aesthetic character for the project, to permit eptimufn optimal use of the land, and to increase the efficiency of the water management network. , Seetion 8A, may be redueed with the appFeval of the County Engine Fill material from lakes is planned to be utilized within the project, however, excess fill material may be utilized off -site, subject to the provisions of the e3eavatien applicable County ordinances in effect at the time permits are sought. X1-3 R9AB8 Gelleeter- r-eads will be publie r-eads. Leeal r-eads within the development may be either- publie or- pate -reams 4 of 58 Words str-uek thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved SYMBOL AI A DDD /l V TH iT A Tlr ACREAGE Gic— Fuse ±4 200*3 P-4- sidenfial 4-4-3 R-2 Residential 4qW p-g &6 R-3 Residential 4-69 38 G6 Communit), 4-5-5 44q U u t"y &P 6 ^I vfc 4-4 GN Neighbefheed !`.,...memial c 1r (Mwi- 60,000 plus 2-2 RW Right of way� 149.8 LAKE 42-9 Y V'TA 711 2zr36.8* -4 rmwmm AI 5 of 58 Words stfuek + "r^"^" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved TABLE 1 LAND USE SUMMARY DESCRIPTION SYMBOL UNITS t ACREAGE Agriculture AG -- 198.3 Golf Course (1) GC (b) 198.0 Residential (2) (R -2, R -3, & R -4) 3,150,(b) 1316.7 Schools and Parks SP -- 62.1 Public Facility PF -- 147.0 Community Use CU -- 155.2 Neighborhood Commercial NC (a) 23.9 Office Commercial OC (a) 9.4 Mixed Use/Utility MU/U (a), (b) 28.2 Total: 3,150 2,138.8 (1) Golf Course acreage includes lakes and preserve areas internal to the golf course land use designation. (2) Residential Acreage includes R O W lakes and preserve areas internal to the residential Land Use designation. a) Total Commercial square footage within the Orangetree MPUD shall not exceed 332,000 SF of gross building floor area Owner or Developer shall provide a schedule of approved development orders and applicable square footages and dwelling units for the entire PUD at time of submittal of each development order application in the Orangetree PUD. Retail/Personal Service is limited to a maximum of 232,000 square feet of gross floor area. Office use is limited to 100,000 square feet of gross floor area except that retail /personal services square footage may be converted to office on a one to one basis. (b) Total residential dwelling units shall not exceed 3,150 units in the entire PUD. } g H 3 3 4-00 4-� 4 4-40 34-0 3 4.60 470 6 460 63-0 -7 4-60 -90 9 4-63 933 9 463 ' 4-0 445 ' Words stfueli through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 6of58 LOIT, 44 4-" 430 4-2 4-" 4-,64-5 4.3 4-" 4—,7-N 4-4 4-60 4s340 43 4-60 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE 11 YEAR DWELLING DWELLING COMMERCIAL COMMERCIAL COMMERCIAL UNIT UNIT CURRENT SQUARE FT. CUMULATIVE PRODUCTION CUMULATIVE TOTAL SF TOTAL Current N/A 1477 3,000 N/A 3,000 1 53 1530 2 80 1610 3 100 1710 4 130 1840 5 130 1970 100,000 103,000 6 130 2100 7 150 2250 8 150 2700 9 150 2550 10 150 2700 100,000 203,000 11 130 2830 12 130 2960 13 130 3090 14 30 3120 15 30 3150 129,000 332,000 7 of 58 Words stfueli through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated AG on the PUD Master Plan Thomas T u eide .e. Asseeiates Pie €. Nero . 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective agricultural use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip - irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs /lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvement necessary to accommodate students, facility administrators, staff, and the activities of the education program of each plant that is operated by the Collier County School Board. B. Permitted Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by Collier County School Board. 8of58 Words str-ttsl' are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved C. Permitted Accesso ry Uses and Structures: 8A 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On -site retail sales of farm products primarily grown on the farm. 3) Caretaker's residences. D. Permitted Uses /Conditional Uses Requiring Site Development Plan Approval: 1) Packing Houses 2) Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: 1) In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set fefth in the r DG its ° °,.,,:napee. and implemented by amendments to the Land Development Code adopted on February 11 2004 or by any successor or amended agreement or ordinance, 2) Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3) All required buffers for the School Board's property area shall be in place by December 31, 2004. 9of58 Words streek +hr -oug are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • A • SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the PUD Master Plan as R -2, R -3. Themas Lueide & A sseeiates Ref No 9020 as Residential (R i r n 3* 4.02 MAXIMUM DWELLING UNITS A maximum number of X80 3,150 dwelling units may be constructed on lands designated as Residential (lam R 2 to -R -3, and MU/U, less any caretaker's residents allowed in all districts, except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-4 R -2, to -R -3, and MU/U), on the Master Plan, & Asseeiates - Ref -. Ne. 9 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses. uses -eel -the letrr Three residential land use categories have been identified on the Master Plan. on one half aeFe lots. The R -2 designafien ineludes areas appr-eximately 586 aer-es Will provide for both conventional detached and attached single family development. The R 3 The R -3 areas permit similar land uses as R -2 but with smaller lot size requirements and limited multi - family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1;Ml R -2 O • Detached and attached single family dwelling units hues • Duplex and /or two - family and triplex dwelling units • Cluster homes, zero lot line, villas, patio homes, and townhouses • Model units • Recreational facilities, parks, lakes and water management facilities • Carports shall not be permitted in R -2 District hemes, !at line, and patio Cluster- zer-e Townheuses villas, --emes 10 of 58 Words stFu k `hr -eug" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 8A R -3 • All uses permitted in the R -2 designation • Multi - family, limited to 2- stories 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with uses permitted uses in this district • Essential services and facilities • Accessory Guest homes in D 1 areas on single family lots one acre or larger in size are subject to the limitations of Section 5.03.03 of the LDC or any successor provision • Recreational Facilities such as clubhouses pools and playgrounds to serve residents of the PUD - F VINIM - 4.06 -7 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with C=ellieF G,,. my Zoning Regulsic ns the LDC in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the road easement or parcel line. If the multi - family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 11 of 58 Words stmek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved DEVELOIRMENT STANDARDS 8A "R" Residential Areas TABLE ArrrBLE M A VILLAS, PERMITTED PAT-10 FAMILY AMI Vr V-I 1 -4 CLUSTE TT A �D AND GARDEN R-' ST A ND An DETACHED 140MES TOWNHOUSE APARTMENTS A D TA ENTC DET-,AC14ED Minimum Site 1� AG Y4-20 3000 SF �-c�'t" Area x units Site AA:« Width AV-g-- Front Yar-d Setbaek -30 29 28 25 25 Side -Yard Seth e 20 9 - or- -10 8'or- 19 415 5-.5 Rear ar-d Setbaek 25 4-5 25 39 29 Rear- Yaair'v S etbae 8 8 8 A 5 25 25 25 25 25 ��lding Height Dirty Between Principal tr- N�A N�ASB NSA Floor - Arca H A:..:......++ is >: � �N X58 9AA 759 -19A9 Detemined by dividing the site afea by the site wi reaf lines at eaeh SITE DEPTH AVERAGE: distanee between lines ffent and SITE WIPTR The aver-age lines between straight eefifteeting the for-effiest of the side par-eel lifleS in the frAlt. side of the site, measured as straight ffent line) the points 'the PaFrel lines at the r-ea (at the point of inter-seetion ititer-seetion with the r-ear- the par-eel line). a-ad r-e height twe adjaeent buildings pafeel for- the a (point ef with par-eel Combined NNE- (Sum of Building Height)� of pufpese 12 of 58 Words strueli through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved [L�.7 . . PERMITTED civic; USES S rte' CULTUR RELIGIOUS P CTi AP STANDARDS FAGRATIRS r An iA CLUBS Avefage Yd Setbaelk 'i'V 8 4n S ' � -30 SO'tbaek 70 ^^nn 20 bake Bank 2-0 Setbaek 2-0 2-0 2-9 Rear- Yar-d 30 or- B1470 setbaek -pr B14 jV- pi"D 34l1 Reams ''nn Setbaek 4-V Aeeessefy ''nn 4-0 ifflum Buildin 2-5 Heigh (ft.) Dist. Between ^^CC 2-7 SB14L .5 SBI4 Floor:irea 44N 4 7' �n�n�n :5 -SBI4 44N .5 400 W-je -01\ 13 of 58 Words °true' `hr -oug" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • TABLE II A R -2 DEVELOPMENT STANDARDS PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX, TRIPLEX AND ATTACHED SINGLE- FAMILY SINGLE- FAMILY AND LOT DETACHED Minimum Site Area 3000 square feet 3000 square feet 6000 square feet Lot Width Minimum N/A 35 feet 60 feet Front Yard Setback 20 feet' 20 feet' 25 feet Side Yard Setback 0 or 10 0 or 10 5.5 feet Rear Yard Setback 15 feet 15 feet 20 feet Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building, Height 35 feet 42 feet 35 feet 42 feet 35 feet 42 feet Zoned: Actual: Distance Between Principal N/A — 0.5 SBH but no less 11 feet Structures than 10 feet Floor Area Minimum (S.F.) 1000 square feet2 1000 square feet2 1000 square feet2 Maximum Accessory Structure Height (zoned) 25 feet' 25 feet' 25 feet' SBH (Sum of Building Heights): Combined zoned height of two adjacent principal structures for purpose of determining- setback between said structures. *Principal and Accessory Uses shall not protrude into any required landscape buffer. 'For any building permit application after effective date of this Ordinance units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement The minimum 20 foot front yard setback may be reduced to 15 feet where the residence is served by a side loaded or rear entry garage For corner lots front setbacks shall amply to the shortest side of the lot. The setback along the long side of the lot may be reduced to a minimum of 15 feet. 2 Except the R -2A [Eastl section depicted on Master Plan shall adhere to minimum floor area of 1650 sf and the R -2A [Westj section shall adhere to a minimum floor area of 1650 ft. 3 Except screen enclosure on two -story may be 35 ft. (zoned) 14 of 58 Words strue'i through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved T*161 TABLE 11- B R -3 DEVELOPMENT STANDARDS PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX, TRIPLEX, ATTACHED SINGLE- FAMILY SINGLE FAMILY DETACHED LIE ZERO LOT AND MULTI - FAMILY Minimum Site Area 3000 square feet 3000 square feet 4200 square feet Lot Width Minimum N/A 35 feet 40 feet Front Yard Setback 20 feet' 20 feet' 20 feet' Side Yard Setback 0 or 6 feet2 0 or 6 feee 6 feee Rear Yard Setback 15 feet 15 feet 15 feet Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building Height 35 feet 42 feet 35 feet 42 feet 35 feet 42 feet Maximum 2 Stories Zoned: Actual: Distance Between Principal 12 feet 12 feet 12 feet Structures Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 1000 square feet Maximum Accessory Structure Height (zoned) 25 feet3 25 feet3 25 feet3 ' For eertstpusgen any building permit application after effective date of this Ordinance, units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement The minimum 20 foot front yard setback maybe reduced to 15 feet where the residence is served by a side - loaded or rear entry garage For corner lots front setbacks shall apply to the shortest side of the lot The setback along the long side of the lot may be reduced to a minimum of 15 feet. 2 Zero foot minimum side setback on one side as long as a minimum of 12 -foot separation between principal structures is maintained Distance between principal structures may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. 2 Except screened enclosures on two -story may be 35 feet zoned height. * Principal and Accessory Uses shall not protrude or encroach into any landscape buffer. 15 of 58 Words s+m ek thfeu^" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved r� TABLE II C NON - RESIDENTIAL USE DEVELOPMENT STANDARDS (Within the R -2 thru R -3 Districts) PERMITTED USES RECREATIONAL FACILITIES STANDARDS Minimum Site 10,000 square feet Area Site Width 80 feet Minimum Front Yard 25 feet Setback Side Yard 15 feet Setback Lake Bank 25 feet Setback Rear Yard 0.5 SBH Setback Rear yard Setback 10 feet Accessory Preserve 25 feet Setback Preserve Setback 10 feet Accessory Maximum Building Height Zoned: 35 feet Actual: 42 feet Dist. Between 15 feet or 1/2 SBH whichever is rg eater Principal Str. Floor Area 1000 square feet Minimum Minimum Distance 20 feet From Residential Lot SBH: (Sum of Building Heights): Combined zoned height of two adjacent principal structures for the purpose of determining setback between such said structures. Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer. 16 of 58 Words Aftl6k thFetigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved SECTION V -A GN NEIGHBORHOOD COMMERCIAL 5.A.01 PURPOSE • The purpose of this Section is to set forth the regulations for the areas designated on Themas the PUD Master Plan, as 'N' NC. The GN NC tracts is are intended to provide residents with conveniently located commercial facilities and.services that are die -all} eg_nerally required on a regular basis and which are permitted by right. 5.A.02 MAXIMUM DENSITY AND INTENSITY A maximum of two hundred and thirty -two thousand square feet (232,000 S.F.) of gross retail /personal service and office commercial building floor area shall be permitted in the NC District reduced by any retail /personal service square footage allowed in the OC District and the MU District as shown in an approved SDPs. The Southern NC District at the intersection of Randall Boulevard and Immokalee Road shall not exceed 85,000 square feet of gross floor area. The northern NC District at the intersection of Oil Well Road and Immokalee shall not exceed 147,000 square feet of gross floor area. Each of the two NC districts shown on the attached Master Plan Exhibit A, shall be allowed one user of between 45,000 square feet of gross floor area and 75,000 square feet of gross floor area. All of the other users in the NC district are allowed under 45,000 square feet of gross floor area. 5.A.023 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 17 of 58 Words stnae k through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved WN 17 of 58 Words stnae k through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved L, ,16) C.. a AO • stafie St., ° Stfpeffflar-kets and sanater-itims. 1 ) T.,;1,,,• shops; t„h.,eee sheps; tee shops; tfepieel fish ste- e � 1 8) Ve et„ ste ete eff;, and el; s (n outside kenneling), T7 Wateh and pfeeision iflStFUffiefit ° Water- m ent f eil ;ties and essential pr-ineipal uses, as deteFmined by the Bear-d of Zoning Appeals cc » j) All uses that are permitted uses in the C -1 thru C -3 zoning districts of the Collier County Land Development Code at time of SDP application. 2) Advertising — miscellaneous (7319). 3) Amusement and recreation services, indoor (7999 limited to gymnastics instruction martial arts instruction, sporting goods rental, and yoga and /or pilates instruction). 4) Apparel and accessory stores (5611 — 5699). 5j Auto and home supply stores (5531). 6� Bowling centers, indoor (7933). 18 of 58 Words str -uek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 11) LaUftdFieS leather- .. luggage lenLrm;thn_ self 12) Meat —sem4 e; ods and f human °e stef:es; ;11; ., Shops; Motel, and ; eli • 13) Offiee (retail or- 14) lard— pr-efessional); efflee supply • stores; Lnd r-ide,pan.T - and wallpaper — stores; pet shops pet -supply 15\ Rath„ television c> satellite dishes and antennas; and e ate „t. ineluding sales and s fast foods; eluding ell rte a ,le and > s; , iestaufafits. applianee s; she ,16) C.. a AO • stafie St., ° Stfpeffflar-kets and sanater-itims. 1 ) T.,;1,,,• shops; t„h.,eee sheps; tee shops; tfepieel fish ste- e � 1 8) Ve et„ ste ete eff;, and el; s (n outside kenneling), T7 Wateh and pfeeision iflStFUffiefit ° Water- m ent f eil ;ties and essential pr-ineipal uses, as deteFmined by the Bear-d of Zoning Appeals cc » j) All uses that are permitted uses in the C -1 thru C -3 zoning districts of the Collier County Land Development Code at time of SDP application. 2) Advertising — miscellaneous (7319). 3) Amusement and recreation services, indoor (7999 limited to gymnastics instruction martial arts instruction, sporting goods rental, and yoga and /or pilates instruction). 4) Apparel and accessory stores (5611 — 5699). 5j Auto and home supply stores (5531). 6� Bowling centers, indoor (7933). 18 of 58 Words str -uek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 7) Business services - miscellaneous (7381) except dog rental service. 8) Cable and other pay television services (4841). 9) Coin - operated laundries and dry cleaning (7215). Commercial printing (2752, excluding newspapers). Computer and computer software stores (5734). Dance studios, schools and halls, indoor (7911). Department stores (5311). Eating and drinking establishments (5812). Outdoor music is prohibited. Amplification devices serving drive -thru facilities are limited to the hours of 6 a.m. to 9 p.m. Outdoor dining shall only be located between the commercial eenter buildings and Immokalee Road or Oil Well Road as the case maybe. 15) Educational services (221 and 8222). 16) Electrical and electronic repair shops (7622- 7629). Food stores (groups 5411 - 5499). General merchandise stores (5331 - 5399). Glass stores (5231). 220 Hardware stores (5251). Health services miscellaneous (8092 –4 9-3 and 8099 limited to artists - medical, blood banks blood donor stations, childbirth preparation classes, health screening service hearing testing esting service, insurance physical exam service - except by physicians medical photography and art osteoporosis centers oxygen tent service and physical exam service – except by physicians) Home furniture and furnishings stores (5712 -- 5719). Household appliance stores (5722). Medical and dental laboratories (8071 and 8072). Medical equipment rental and leasing (7352). Motion picture theaters (7832). 27) Musical instrument stores (5736). 19 of 58 Words stxt{ek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • News syndicates (7383). Paint stores (5231). 30) Passenger car leasing (7515). Passenger car rental (7514). Radio, television and consumer electronics stores (5731). Real Estate (6512, 6531- 6552). Record and prerecorded tape stores (5735), excluding adult oriented sales and rentals. 35) Repair services - miscellaneous (7699 – limited to: antique repair and restoration (except furniture and automotive) bicycle repair shops, binoculars and other optical oog ds repair, camera repair shops key uplicating shops picture framing to individual order not connected to retail art and custom picture framing). 36) Retail - miscellaneous (31.5932 -5963, 5992 - 5999). 37) Retail nurseries lawn and garden supply stores (5261). 38) Reupholstery and furniture repair (7641). 39) Securitysystems services (7382). Social services individual and family (8322 8351 —8399, except for homeless shelters and soup kitchens). 41) Telephone communications (,4812 and 4813) excluding communication towers. Veterinary services (0741 & 0742 excluding outside kenneling). Vocational schools (8243 -8299) excluding truck driving schools. 44) Watch clock and jewelry repair 7631). 45) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted by policy. B. Permitted Accessory Uses and Structures ttimr Si: 24 1) Caretaker's residence not to exceed a total of two (2) within the District. 20 of 58 Words struck thFouR" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved Q abutting residential zoning districts shall be subject to Section 5.05.11 of the LDC. 3� Any other accessory use which is comparable in nature with the foregoing list st of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted by policy. A) Minimum Site MOW As ftPPFON'ed undeF SeOfiffl 2. . %afrMl Mr [a =A G) Minimum V a Req o fftS ffe P of be fid a Abut4ifig fesidefifi 1 aFeasi Twenty five (25) feet. �" r " vv v landseaped buffer- shall be provided, as detemined undef Seefien 2.04, and in whieh ne par-king shall be per-fniffed-- E7 Maximum Height Of StFUGWHS: Twenty five (25) f�et above the finished gfade Of the &fte: signs, F) Minimum Fleef AFea ef PARCUipal gtfuetur-esi One thousand (1,000) squaFe feet pe building on the gFOund floof. G) Minimum standards fOF pmking, lighting, with applieable Gellier- County fvguleAiens in effeet at the time pefmits aFe Sought, 14) n of S i y (69;990 --5#) of leasable • J) Ma*ifnufn density for- . > hetel, and tfansit !edging shall be 26 units per- aer-e, 21 of 58 Words stFuek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved TABLE III NC DEVELOPMENT STANDARDS PERMITTED USES STANDARDS Minimum Site Area Lot Width Minimum Minimum Yard Requirements' NC 7,500 square feet 75 feet 20 feet, except that a minimum 25 foot building Front Yard setback shall be maintained from Oil Well Road Immokalee Road and Randall Boulevard Side Yard 0 or 5 feet, with a minimum of 10 feet between structures Rear Yard 15 feet 45 feet for principal structures and 35 feet for Adjacent to Residential lot accessory structures2 Preserve Setback Preserve Setback for Accessory Structures Max Building Height Zoned: Actual: Distance Between Principal Structures Floor Area Minimum (ST.) 3 25 feet 10 feet 35 feet, NTE Two Stories 42 feet None or a minimum of 10 feet with unobstructed passage from front to rear Yard 500 square feet per building , n the ground floor 8A V,�; 1. Measured from parcel boundaries 2 Includes Except that dumpsters recycling and refuse areas shall maintain a minimum setback of 50 feet 3 Kiosk may be permitted within commercial developments meeting the LDC definition of a shopping center and such Kiosks may be smaller than 500 square feet in size (not to exceed 5 per shopping center) NTE: Not to Exceed 22 of 58 Words stmek thFouR" are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved ��H* SECTION V -B OFFICE COMMERCIAL 5.13.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated OC on the PUD Master Plan. The OC tract is intended to provide conveniently located general office facilities in a location convenient to the community and surrounding area. 5.13.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following. A. Permitted Principal Uses and Structures 1. Accounting _(8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Bookkeeping services 8( 721 7. Business consulting services (8748). 8. Business credit institutions (6153- 6159). 9. Child day care services (8351). 10. Computer programming data processing and other services (7371 — 7376, 7379). 11. Credit reporting services (7323). 12. Debt counseling (7299, no other miscellaneous services) 13. Direct mail advertising services (7331). 14. Educational plants. 15. Engineering services (8711). 16. Essential services, subject to section 2.01.03. 23 of 58 Words strueli through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 17. Health services, offices and clinics (8011 -8049). 8A 18. Insurance carriers, agents and brokers (6311 -6399 6411). 19. Landscape architects, consulting and planning (0781). 20. Legal services (8111). 21. Loan brokers (6163). 22. Management services (8741 & 8742). 23. Mortgage bankers and loan correspondents 6162). 24. Personal credit institutions (6141). 25. Photographic studios, portrait (7221). 26. Public relations services (8743). 27. Radio, television and publishers advertising representatives (7313). 28. Real Estate (6531- 6552). 29. Secretarial and court reporting services (7338). 30. Security and commodity brokers, dealer, exchanges and services (6211 -6289). 31. Social services, individual and family (8322 activity centers elderly or handicapped only; day care centers, adult and handicapped only). 32. Surveying services (8713). 33. Tax return preparation services (7291). 34. Travel agencies (4724, no other transportation services). 35. Any other commercial use or professional services which are comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 24 of 58 Words s4fuek thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved T B. PERMITTED ACCESSORY USES AND STRUCTURES 1. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district — no stand -alone facilities shall be permitted). 2. Any other accessory use which is comparable in nature with the foregoing list st of permitted accessory uses, as determined by the Board of Zoning Appeals BZA) by the process outlined in the LDC or adopted by policy. 5.13.03 DEVELOPMENT STANDARDS A. A maximum of one hundred - thousand sauare feet (100,000 S.F.) of gross office commercial building floor area shall be permitted in the OC district. B. Up to 15,000 sf of gross floor area of NC District Commercial Permitted Uses and associated structures maybe constructed in the OC district if not used in the NC District as shown by approved site plans. TABLE N OC DEVELOPMENT STANDARDS PERMITTED USES STANDARDS OC Minimum Site Area 10,000 square feet Lot Width Minimum 100 feet Minimum Yard Requirements' Front Yard 20 feet, except that a minimum 25 foot building setback shall be maintained from Immokalee Road2 Side Yard 0 or 5 feet, with a minimum of 10 feet between structures Rear Yard 15 feet Adjacent Residential Lot 45 feet (principal) 35 feet (accesspryf Preserve Setback 25 feet Preserve Setback for Accessory Structures 10 feet Max Building Height Zoned: Actual: 35 feet, Not to Exceed Two Stories 42 feet Distance Between Principal Structures None or a minimum of 10 feet with unobstructed passage from front to rear yard Floor Area Minimum (S.F.) 500 square feet 25 of 58 Words ° +,..,& tkOugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 1: Measured from parcel boundaries i 8A 2. Includes dumpsters, recycling and refuse areas, which shall maintain a minimum 50 -foot setback from residential. NTE: Not to Exceed 26 of 58 Words struck through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved SECTION VI " " GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended provides €er an 18 -hole golf course within the pfojeet. 6.02 PERMITTED LOCATIONS rLl It is recognized that golf courses provide open space for an the entire eommanity PUD, and serves a variety of functions including important water management functions. The Golf Course District is depicted on the PUD Master Plan, Therefore, the golf Course Dist. -iet shall be floating use and may be leeated within the AgFieUltUFal E)r- Residential Distr-iets, provided that the density of r-esidential development shall net be substantially effeeted-. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for other than one or more of the following uses: A. Permitted Principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of food and alcoholic beverages. 4) Any other rip ncipal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted by policy. B. Permitted Accessory Uses and Structures 1) Pro -shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non - commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 27 of 58 Words streek thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved MA 6) A maximum of two (2) of the total permissible residential units in conjunction with the operation or management of the golf course. These are considered caretaker's residences. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 2-5' 35' (zoned) and 42' (actual) for Clubhouse and accesso buildings. B-.. E B. For gewAguefien- building permit applications after the effective date of this Ordinance, Rbuildings shall be set back a minimum of fifty (50) feet from abuttin Any residential eeighberkeeds lot and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D-: C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 28 of 58 Words struck through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • SECTION VII COMMUNITY USE 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated CU on the PUP Master Plan, Thomas r . eide p. Asseeiates Ref Ne , as GU, Cemfnunit�, Use. The site inel a °s "` Community Use Parcel which is 155.2 acres is owned by has been conveyed to Collier County, and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for the project. Of ° total, this 7.02 PERMITTED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Parks and playgrounds Bicycle, hiking and nature trails 3) Recreational shelters and restrooms 4) Recreational fields, sports facilities and courts Passive recreational facilities 6) Docks and small boat rentals 7� Community centers Restaurant or snack bar in conjunction with recreational activities 9) Water management facilities and essential services U Collier County Fair Grounds 11 State of Florida Forestry Department facilities Fire Station Site 13) Household waste and recycling facilities 14) Other governmental facilities I S Park and ride facilities 29 of 58 Words stmsk thr-eugk are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved TA Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA "). Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section I11, Agricultural Development. 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50', except that household waste and recycling facilities shall be set back 100' from abutting residential districts. C. Minimum setback from road right -of -way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: '/2 the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 30 of 58 Words stfueli through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved T0101 SECTION VIII 'SP" SCHOOL /PARK 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated SP on the PUD Master Plan, Tl.. mas r , oide p, Asseeiate. Ref No. 'SP' C..L,. eVp The SP sites includes 25 62.1 acres reserved for use as school sites and associated park facilities. Of the total 62.1 acres of SP lands, 54.1 acres have This site shall ►'° been dedicated to the Collier County Public School District with an additional 8.0 acres remaining for "park" use. M the 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: I) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7� One onsite residential unit for securi purposes. This unit shall not count against the number of ermissible residential units. 8� Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ( "BZA "). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 31 of 58 Words str- ek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 8A 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 6) Distance Between Principal Structures: '/2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 32 of 58 Words °tr-ura k through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved [ SECTION IX PUBLIC FACILITES 9.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan as PF, Public Facilities. This site includes 447 147.0 acres, is owned by Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's requirements for public facilities. 9.02 PERMITTED USES AND STRUCTURES The following uses are permitted within the PDF district: 1) Water treatment plants 2) Wastewater reclamation plants 3) Administrative facilities common to treatment plant 4) Raw water wells 5) Injection wells 6) Stormwater management facilities 7) Accessory structures including but not limited to maintenance facilities, fueling facilities, communications towers, and other accessory facilities commonly associated with water treatment and water reclamation facilities. 8) Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section I1I, Agricultural Development. 9.03 DEVELOPMENT STANDARDS 1) Minimum site area: None 2) Minimum setback from tract boundaries: 100' for water and water reclamation facilities 50' for common administrative facilities 15' for all other facilities 3) Minimum setback from road right -of -way: 25' 33 of 58 Words str-tisletigk are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 4) Maximum height of structure: 60' 5) Minimum distance between buildings: 10' 6) Minimum standards for parking, lighting, signage, and landscaping shall conform with the applicable Collier County regulations in effect at the time permits are sought. 7) Minimum setback for communication towers: one half of the tower height adjacent to residentially zoned property. 8) The Public Facilities portion of the PUD :shall be consistent with the Growth Management Plan regarding potential future interconnections. 34 of 58 Words str-usk thr-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved SECTION X MIXED USE/UTILITY MU/U 10.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated MU/U on the PUD Master Plan. The MU/U tracts are intended to allow for a combination of multi - family residential commercial, and public use development. The subject parcel is, at the time of this PUD Amendment being, utilized to house facilities for Orange Tree Utility Company and related services It is anticipated that this site will continue to be utilized for that purpose for an indefinite period of time. The MU/U uses will only commence at such time as the Utility functions performed by a public or private utility provider have ceased and been relocated (except in the case that certain utility office type uses, permitted under the MU/U designation, may remain within or be relocated to the MU/U tract) and all utility and access easements are conveyed by Owner, Roberto Bollt, successor trustee of the land trust dated January 27 1986 and Orange Tree Utility Co., or their successors and assigns, to Collier County and the Collier County Water Sewer District at no cost to Collier County or the Collier County Water Sewer District for the on -site and off -site utility operations of Collier County or the Collier County Water Sewer District , and recorded in the official records of Collier County. The easements shall provide for the construction, operation and maintenance of water and wastewater facilities (including but not limited to water, wastewater, and irrigation quality water lines and pipes, wells, pumps and pipelines, lift stations, pumping and booster stations, power and telemetry lines, telemetry towers, storage facilities, and any and all other equipment, improvements and infrastructure appurtenant thereto or thereunder) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the capacity, as well as size of, and remove such facilities within the described easement and to access the facilities. The above referenced easements to be granted to the Collier County Water -Sewer District shall be for the operation of the Orange Tree Utility water and wastewater systems to service the existing Orange Tree Utility Water and Wastewater Service Areas." 10.02 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following. A. Permitted Principal Uses and Structures 1� Offices for Orange Tree Utility Company and its successor, including all administration and operational related offices and associated functions. 2� Multi- family dwelling units, both in residential only structures and in mixed -use structures 3) Essential public service facilities, as defined in the LDC, including water and wastewater facilities 44) Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes, assisted living facilities pursuant to 35 of 58 Words stmek thFetigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved �I FL 400.402 and ch. 58A -5 FAC; and continuing care retirement communities pursuant to FL 651 and ch 4 -193 FAC. These facilities are considered commercial. All uses permitted in NC District of this PUD and subject to all applicable conditions and restrictions set forth therein. B. Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the principal permitted uses. C. Conditional Uses The following uses may be allowed as conditional uses in the mixed use district (MU), subject to the standards and procedures established in Chapter 10.08.00 of the Land Development Code: 1) Conditional uses within the C -3 zoning district as defined in the Land Development Code 2) Permitted uses within the C -4 zoning district as defined in the Land Development Code 10.03 DEVELOPMENT STANDARDS A) The development standards for multi - family only structures, Group Care Facilities, and mixed -uses structures shall be as set forth in Table V. The development standards for commercial only structures shall be as set forth in Section V -A for the NC District of this PUD document, except as provided herein. C) Development Standards for Essential Services shall be as set forth in the LDC. D� Distance between principal structures: None, or a minimum of ten (10) feet with unobstructed passage from front to rear yard. E) Maximum Building Height for all Principal Structures: Zoned: 45 Feet, Not to Exceed Three Stories; Actual: 60 feet. Three story structures shall be set back a minimum of 560 feet from northern R -2 property line. Two story structures zoned 35 feet actual 42 feet may be constructed within the 560 foot setback using Table V Development Standards. And no commercial structures are allowed within 560 feet of the northern R -2 property line. Minimum and /or maximum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable LDC requirements in effect at the time permits are sow 36 of 58 Words str-uek thy-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 9) This MU /U district shall have its own separate recreational facilities. 68A Total commercial square footage within the entire Orangetree MPUD shall not exceed 332,000 square feet of gross building floor area. I� Residential density is a maximum of 3,150 residential units in the entire PUD. TABLE- -G V R4 MIMU DE VEL OPMENT STANDARDS FOR GROUP CARE FACILITIES. MULTI - FAMILY ONLY STR UCTURES AND MIXED USE STR UCTURES* PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX.. TRIPLEX. MULTI- FAMILY STRUCTURES A TTA CHED SINGLE - FAMILY AND ZERO LOT LINE Minimum Site Area 3000 square feet 3000 square feet 9000 square feet Lot Width Minimum N/A 35 feet 90 feet Front Yard Setback 20 feet' 20 feet' 20 feet' Side Yard Setback 0 or 6 feet2 0 or 6 feet2 15 feet Rear yard Setback 15 feet 15 feet 15 feet3 Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building Height 35 feet 42 feet 35 feet 42 feet 45 feet NTE 3 Stories Zoned: Actual: 60 feet Distance Between Principal 12 feet 12 feet 20 feet3 Structures Distance Between Accessory 10 feet 10 feet 10 feet Structures Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 750 square feet 'Residential units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement. The minimum 20 foot front yard setback may be reduced to 15 feet where the residence is served by a side - loaded or rear enn garage. For corner lots, front setbacks shall apply to the shortest side of the lot. The setback along the long side of the lot may be reduced to a minimum of 15 feet. 37 of 58 Words stmek thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • Z Zero foot minimum side setback on one side is permitted as long as a minimum of 12 -foot separation between principal structures is maintained. Distance between principal structures maybe reduced at garages to a minimum of 10 feet between garages where attached garages are provided. 3or' /2 sum of zoned building height, whichever is rem NTE: Not to Exceed * Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer. 38 of 58 Words str-ttslE through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved SECTION X—XI GENERAL DEVELOPMENT COMMITMENTS 114- 0.01PURPOSE The purpose of this Section is to set forth the general development commitments for the project. One entity hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Mana in- Entity is Orangetree Associates, Inc. and Roberto Bollt, as Successor Trustee under Land Trust Agreement dated January 27, 1986, jointly and serverally. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 114- 0.02DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state -of -the -art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and /or storage facilities in office and commercial areas and in multi - family residential areas. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations ,Miea for the Collier County transit system is developed to seFve the pr-ejeet area. C. Use of energy- efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. Installation of energy - efficient appliances and equipment. 39 of 58 Words struck threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy - efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. M. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch /patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION 2-) j) The deve!Opff shall provide sepaFate left and Fight Wfff lanes on immelEalee Re as the pFejeet's aeeess if deemed neeessaFy by either- the T-Faffipei4atiefl Operations Direster- or TranspaFtation - Engineer-, and shall ftind one hund a County. pefeent of the eapital east of any tr-affle signals asseeiated with the ingfess and— egress when deemed war-fanted by the Counvy Tr-affle Operations Engineer-. The signal shall be owned, OpeFated and maintained by Collier- The Developer has made a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 846 and CR 858 required by Transportation Staff. 40 of 58 Words strnEk thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved Lr The Developer shall fund the fair share cost of a traffic signal at the easternmost development access point on Randall Boulevard in the future as identified on the Master Concept Plan. Developer and Owner shall also perform under the agreement dated January 11, 2011 between Collier County, Roberto Bollt, and E's Country Store, LLC as may be amended from time to time. The Developer will provide a comprehensive network of sidewalks and rg een ways within future R -3 areas of development. The main purpose of the rg een ways and sidewalks will be to connect the various parts of this PUD. This network will provide non - vehicular access to the commercial and community use portions from residential areas within the PUD to the greatest extent possible. -3) The developer- shall beaf the entire eest of all tFaffie. signals which may beeeme needed a4 inteFseetions within the pr-ejeet, 3) The Developer will reserve and then convey to Collier County a 5.6 acre lake site for water management associated with the future expansion of Randall Boulevard as graphically depicted on the Master Plan. The reserved area shall be donated at no cost to Collier County within 180 days of Counjy request. No impact fee credits are available for the donation. This is a site related contribution. 4� The Developer will reserve and then convey to County a 20 ft. wide road easement for the future expansion of Randall Boulevard as depicted on the Master Plan. The reserved road easement shall be donated at no cost to Collier County within 180 days of Countyequest No impact fee credits are available for the donation. This is a site related contribution. 5) At the time of issuance of a certificate of occupancy for commercial development that exceeds 40,000 square feet of gross floor area for the entire PUD, the Developer shall construct at no cost to Collier County, a 10' X 20' CAT bus shelter (and accompanying shelter /access easement) near the Randall Boulevard intersection with Immokalee Road. Owner shall be responsible for maintenance of the bus shelter unless Owner conveys an easement to Collier County for the bus shelter at no cost to County. 6� All proposed access points /driveways and turning movements on the attached master plan are conceptual only and do not create any vested rights in favor of Owner or Developer. Driveways and access points shall be determined at plat or SDP approval. Prior to the issuance of building permits in the R -3 district or the commencement of the use of heavy equipment in the R -3 district whichever is earlier, one additional future access point to either Oil Well Road or Randall Boulevard shall be constructed by Developer so that it may be used for construction traffic. Developer, at its sole cost and expense shall install additional security gates as designated in Exhibit E One of the gates — at the Randall Boulevard entrance or Oil Well Road entrance — shall be installed and operational prior to the issuance 41 of 58 Words °true' through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • i • of the first Certificate of Occupancy in the R -3 district of this PUD. The other entrance gate shall be installed and operational when the internal roadway which connects to the public roadway granted final acceptance by the County The remaining_ gates, which are internal to the development shall be installed and operational as follows: Gate south of R -2A [East] prior to issuance of first Certificate of Occupancy for the R -2A Section [East] Gate north of R -2A shall be installed immediately after the new roadway, which will serve the new residential development is constructed to county standards. D. WATER MANAGEMENT 1) A master /conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Depaftment prior to commencement of construction. 3) Surface Water Management Permits, or modifications thereof, shall be obtained from the South Florida Water Management District prior to the commencement of development. 44 The watef management for- the Of:angetfee ffOjeet shall ifnplefnentwmef: quality "best management pr-aefiees" to the ex4ent possible. 63 4) Reservoirs /lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88 -26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs /lakes is ever changed to a use other than agriculture, all areas of the reservoirs /lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER & SEWER Nothing in this PUD shall in any manner be construed to affect modify, and /or nullify the Final Summary Judgment entered by the Circuit Court of Collier County on August 28, 2009 in Orangetree Utility Co v Collier County Case No. 07- 2333 -CA (recorded in O.R. Book 4490. Pages 2893 -2894 Public Records of Collier County), or the appellate decision and mandate affirming the Final Summary Judgment issued by the Florida District Court of Appeal in Case No 2D09 -4407. Nor shall anything in this PUD affect modify, or extinguish any 42 of 58 Words str-uek thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved legal or equitable rights or responsibilities of the County, of Orangetree Associates and/or the Orange Tree Utilities Company ( Orangetree Associates and the Orange Tree Utilities Company are collectively referred to as the "Developer "), existing or arising under the Settlement and Zoning Agreement dated January 27, 1986 (recorded in O.R. Book 1180 Pages 1557 through 1599 public records of Collier County ) and /or the related agreement dated May 29 1991 (recorded in O.R. Book 1623 pages 1539 -1549) and/or the Amendment to Agreement dated May 14, 1996 (recorded at O.R. Book 2183 pages 1519 — 1520, and/or the Second Amendment to Agreement dated August 4 1998 (recorded at O. R. Book 2449, pages 430 -440) Throughout this document no distinction is intended (nor shall be construed) between the "Orange Tree Utility Company" and the "Orange Tree Utilfty Company Inc " The parties hereto agree that all lands in this PUD are within the geographic boundaries of the verified water service area and the certified wastewater service area of the Orange Tree Utility, Inc. The Ownership and conveyance of the utility facilities shall continue to be governed b the he agreements (including any pproved modification to the agreements) and court decisions referenced above and the following_ provisions of Section E.2 -9 shall apply to the site. The Florida Public Service Commission ( "FPSC ") does not now regulate Orange Tree Utility, Inc., pursuant to Chapter 367 Florida Statutes Such jurisdiction is exercised by the Collier County Water and Wastewater Authority ACCWWA" ). Therefore, all references in those agreements to the FPSC shall be construed to refer to the CCWWA unless and until Chapter 367 Florida Statutes jurisdiction is, by Resolution of the BCC ceded back to the FPSC pursuant to Section 367.171 Florida Statutes, 4-2) Water Facilities — Developer shall provide an on -site potable water source and shall construct an on -site potable water treatment plant and distribution system. The system shall be designed and constructed, by, phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. -23) Sewer Facilities — Developer shall construct an on -site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter- 17 6 040(q)l subsection 62- 600.530 and other then applicable provisions of the Florida Administrative Code, required to allow use of treated effluent in the proposed on- site dfip- irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer or Orange Tree Utility Company operates the sewage treatment plant, data required pursuant to County Ordinance No. 80- No. 2004 -31, as amended, as may hereafter be amended) or as may be superseded by other Collier County Ordinances) showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection 43 of 58 Words stfusk thr-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved and transmission systems and the on -site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3 4) Plans Approval — All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record as -built drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 475) Facilities Ownership and Conveyance — It is understood by the Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution/collection and transmission. system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn agreed not to make formal request to serve the project with water or sewer related services before December 31, 2012 . In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water /sewer systems have been conveyed to Collier County, any required expansions to the on -site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, or his successors or assigns, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to 44 of 58 Words strnslFthrough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved TA appropriate County ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5�6) Rights -of -way /Easements — All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights -of -way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer or his assigns or successors, shall provide al} required- easements the Collier County Water -Sewer District with easements throughout the development for utility facilities necessary to serve the Oran etree Service Area and customer base at no cost to the Collier County Water -Sewer District. At sueh fifne as Collier- Geunt�, diseentinues sewer the site shall be epefation of the en site water—of baek develOpeF b�'appli6" plants, plant steAatefy deed and site utility easements eenveyed to the shall be vaeated exeept that an easem . 67) Connection to County Water and /or Sewer Facilities — All construction plans and technical specifications related to connections to the County's off -site water and/or sewer plants and facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off -site water facilities, and /or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and /or sewer facilities will be made by the Developer, their or the Developer's assigns or successors at no cost to the County within 120 days after sieh the CCWSD's facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and/or sewer lines necessary to make the connection(s). �T8) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the Developer or the interim utility 45 of 58 Words s4ueak threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • A • established to serve the project until Collier County makes formal request for dedication of water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off - site water and /or sewer facilities, or the County assuming operation and maintenance responsibility for the water and /or sewer systems the Developer and /or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 99) System Development Charges — During that period of time that the water and sewer utility system is owned, operated and maintained by the Developer, Developer —pr by the Orange Tree Utilfty Company, the Orange Tree Utility Company may charge a system development charge to each connecting customer in an amount as approved and allowed by FPSC the Florida Publie. SeMee Commission (PSC). Developer agrees to pay all applieahle legally required system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of eithe a water and /or sewer impact fee will be required to pay to the Coun1y system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee to the County, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the Orange Tree Utility Company's water or and sewer utility treatment facilities as a part of its CCWSD's regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on -site treatment facilities. The Developer shall ensure that each prospective purchaser of a lot parcel of land, or unit, in this PUD will receive advanced written notice in sales literature that it is anticipated that each customer of the certified utili1y serving the project shall be required to pay Water and Wastewater Impact Fees and other utili1y fees and utility charges to the County when the County commences to provide the respective utility service(s) to this PUD. MMI 46 of 58 Words stf►sk thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved 4-) A site eleafing be to the EnviFenmental SeMees Depal4ment Staff plan shall 4er is review and -appr submitted -oval T plants, may be submitted in pr-ter -te any substantial werk en the site. to the development T- plan site elear-ing shall phases eeineide with sebedule. e depicat hoAN, the final layeot ineer-per-ates fetained plan native vegetation eaFly site te the hew buildings, lakes, -king maximum ex4eat possible and reads-, lets;- f4eilities have been aeeemmodate par this goal. arid- ether — - erienied te in the site landseaping design. A landseaping plan will be submitted te t will depiet the ineer-peration ef native speeies and their- mix with other- speeies,4 any. and habitat ehafaetefistics lest en the site during eenstfuetien of due to pasit activities. 3) All exotie as defined in the County Code, be during plants, shall FMON-ed e- areas. Fellewing site development, be if"plemen a maintenanee pFegr-afn shall deserine- eentrel teehniques- and inspee#en- intefvals, Muff Ir-WIFF.W.MMIMPORMS be filed - shall with -5) Collier- County r-a-A-A,ater- wells, that do not dr-aw water- ffem the stiffieial aqtiif�f system shall be leeated aereer-ding to the r-equir-ements of Chapter 6R ef the filer- ida- Adfniniatratiire -Cede. Wei- that -de -nett aquifer- system shall be eensider-ed tifir-egulated wells. 47 of 58 Words stfuek thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved Muff Ir-WIFF.W.MMIMPORMS ' _ - -5) Collier- County r-a-A-A,ater- wells, that do not dr-aw water- ffem the stiffieial aqtiif�f system shall be leeated aereer-ding to the r-equir-ements of Chapter 6R ef the filer- ida- Adfniniatratiire -Cede. Wei- that -de -nett aquifer- system shall be eensider-ed tifir-egulated wells. 47 of 58 Words stfuek thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved EI 916E 6-F. EDUCATION The project shall has fully mitigated its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2. Future development of the educational facilities within the PUD Zoning District shall be subject to the —pine Interlocal Agreements adopted May 16, 2003 and implemented by amendments to the Land Development Code adopted on February 11, 2004, or by any successor or amended ordinance between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. H-.G. FIRE PROTECTION 1) required by Collier- Ceunt�- The Developer commits to ensuring that required fire flow availability, per Florida Fire Prevention Code as currently adopted by the State of Florida, shall be provided for all residential and commercial facilities prior to C.O. of respective structures. 2) Building Heights shall be lifnited te twenty five (25) feet fef all habitable Maximum actual building heights shall not exceed sixty (60) feet in accordance with Big Corkscrew Island Fire Control & Rescue District's equipment capabilities. 4-. H. FISCAL The developer has agreed to- ded isate conveyed a two school sites to the Collier County School Beard District including a donation of 25 acres, and to has donated fifty -five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the pr- gjeet's fiscal impacts of the originally approved and vested development 2,100 dwelling units and 22 acres / 60,000 square feet of commercial. 1 14- 0.03DEVET OPMENT PLAN ADDITIONAL CONDITIONS A. The landscape buffer along the "R -2" residential properly north of and adjacent to Oil Well Road shall be reduced to ten (10) feet M B. Enhanced landscape buffers shall be provided between commercial and residential uses as provided in Exhibit C and D. 48 of 58 Words strasl thFOugk are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved C. Commercial parking lot lighting shall be limited to a maximum height of 25 feet shall utilize low pressure sodium or similar bulbs, and shall be shielded from residential uses D. Future recreation locations in the R -3 district are shown in Exhibit E. These facilities may include, but are not limited to, recreation tot lot tennis pool and clubhouse Recreation area #1 shall be substantially completed prior to the first certificate of occupancy in the R -3 district. Recreation #2 shall be substantially completed prior to 500th certificate of occupancy in the R -3 district. E. The R -3 district as identified on the Master Plan shall have a separate homeowner's association. 114,0.04AMENDMENT Amendment of this PUD Document, or of the PUD Master Land Use Plan, shall be accomplished according to the procedures set forth by in the Collier County for- afnendments to a Planned Unit. Dew Land Development Code. 49 of 58 Words strttsk thr-ough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved I z 0 y m kg qHH mpA ggm� o A m p N ° o M Q F' ti m N O m ° gT T O C O °5S ;SO M c =p D 0 om FM �� Zp r n DF z �S o EXHIBIT A: MASTER PLAN ......n. t _ -- -- " ;c :.� --A / 1 7---- ---- - -- - -- ,.. {i �- w --- i " a .......... m IGi M Q - - -- -- - - -_.. a ' - -- --•-- .... -- - - c C m xm c� Oy O P � s 9 sz m z D I .••.•• m do ' s M 1 f �1 o r; r; ' I ...... . Jz ............................. I b� @@ III x a c c m y S o z z x m Al n X M m Ic m IGi M Q - - -- -- - - -_.. a ' - -- --•-- .... -- - - c C m xm c� Oy O P � s A [ A r m �0 40 r; r; ' I ...... . z c M x c L2 x a c c m y S o z m m m Al y X M m Ic O ? n m cni m 1 r- CD g v n1 z z D °m a m IGi M Q - - -- -- - - -_.. a ' - -- --•-- .... -- - - c C m xm c� Oy O P � s 0 0 o�� "zm �xao CO O� sg 0 � z x0 VJ v m v -1 mom oCC0) mG)DO D m�� �Wx OM Or H(mp „ -0 m0 0� �0 �m ZOO Omaxo Cn0 M70 C122 m rD- �C>F� aiv a0 'c': om ?D�yy' yc - -II zA me z0 zz z0 Kx ��Z �;oC..,0 DO O o z� 3 A m m 0 m m m Z O C� fxi�D iOMO -riA mm go m- mn Or mcvrD- O� om K '.. GI T (cli? qm� =m r'Q m xl m� m- c mZ mm D (!1 O O-,, .6 82 $ 02 �8-m (m�C c f �ZD -n 1 50 '� C rc"� pO KOz Ovla mQ0 -j A �0 c00 Cmv 1 0GD?I-< 0-4 0 g0 A im r� COA A CIO OD n C Z (1) r �mn v 61 0� D m( Zzm -x vz 'MO x66) Aco TO w m.dv I � I wQ I c 8 o m z z A c -`�' I� OO N v U O iln z ; D? Z A AM � .M G g� N F m RI W N (TVN WOD WImA M OD NAiO N 0-+ CIO WD ° w m Z v C M C 3 D i F i $ - � . iI otwNCETREEPUDA .....A.. �t {I� - � REZONE ORANGETREE ASSOCIATES fili€ � > ; � � g � 5 s � � "•••"� , "° 4500 EXECUTIVE DRIVE, SUITE 110 - '' MASTER PLAN NAPLES, FLORIDA 34119 A [ A r m �0 40 r; r; c z c 'z z; z; ............ 0 0 o�� "zm �xao CO O� sg 0 � z x0 VJ v m v -1 mom oCC0) mG)DO D m�� �Wx OM Or H(mp „ -0 m0 0� �0 �m ZOO Omaxo Cn0 M70 C122 m rD- �C>F� aiv a0 'c': om ?D�yy' yc - -II zA me z0 zz z0 Kx ��Z �;oC..,0 DO O o z� 3 A m m 0 m m m Z O C� fxi�D iOMO -riA mm go m- mn Or mcvrD- O� om K '.. GI T (cli? qm� =m r'Q m xl m� m- c mZ mm D (!1 O O-,, .6 82 $ 02 �8-m (m�C c f �ZD -n 1 50 '� C rc"� pO KOz Ovla mQ0 -j A �0 c00 Cmv 1 0GD?I-< 0-4 0 g0 A im r� COA A CIO OD n C Z (1) r �mn v 61 0� D m( Zzm -x vz 'MO x66) Aco TO w m.dv I � I wQ I c 8 o m z z A c -`�' I� OO N v U O iln z ; D? Z A AM � .M G g� N F m RI W N (TVN WOD WImA M OD NAiO N 0-+ CIO WD ° w m Z v C M C 3 D i F i $ - � . iI otwNCETREEPUDA .....A.. �t {I� - � REZONE ORANGETREE ASSOCIATES fili€ � > ; � � g � 5 s � � "•••"� , "° 4500 EXECUTIVE DRIVE, SUITE 110 - '' MASTER PLAN NAPLES, FLORIDA 34119 Z v C M C 3 D i F i $ - � . iI otwNCETREEPUDA .....A.. �t {I� - � REZONE ORANGETREE ASSOCIATES fili€ � > ; � � g � 5 s � � "•••"� , "° 4500 EXECUTIVE DRIVE, SUITE 110 - '' MASTER PLAN NAPLES, FLORIDA 34119 � rl• EXHIBIT B: LEGAL DESCRIPTION A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA COUNTY OF COLLIER, LYING IN SECTIONS 11, 12, 13, 14, 22, 23, 24, 25 26 AND 27 TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST; THENCE N.89 °30'54 "E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14 FOR 50.00 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF IMMOKALEE ROAD (STATE ROAD 846); THENCE N.00 °25' 16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR 269.21 FEET TO THE SOUTHWEST CORNER OF GOLDEN GATE ESTATE UNIT 59 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.89 °33'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 FOR 5294.24 FEET; THENCE N.89 033'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 AND GOLDEN GATE ESTATES UNIT 60, A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 62 OF SAID PUBLIC RECORDS FOR 5328.02 FEET TO THE WEST LINE OF A 80 FOOT WIDE DRAINAGE CANAL RIGHT -OF -WAY; THENCE S.00 029'17 "E. ALONG THE WEST LINE OF SAID DRAINAGE CANAL RIGHT -OF -WAY FOR 1364.99 FEET; THENCE S.89 033'04 "W. FOR 3729.37 FEET; THENCE S.00 029'17 "E. FOR 4173.91 FEET; THENCE S.00 029'17 "E. FOR 50.00 FEET; THENCE N.89 035'32 "E. FOR 302.18 FEET; THENCE S.00 024'28 "E. FOR 50.00 FEET; THENCE S.00 024'28 "E. FOR 850.00 FEET; THENCE S.39 058'35 "E. FOR 255.00 FEET; THENCE S.50 °28'31 "E. FOR 630.00 FEET; THENCE S.31 029'32 "E. FOR 299.99 FEET; THENCE S.47 °05'12 "E. FOR 686.83 FEET; THENCE N.81 045'28 "E. FOR 230.00 FEET; THENCE S.88 017'04 "E. FOR 645.91 FEET; THENCE S.58 031'32 "E. FOR 1010.00 FEET; THENCE N.89 030'43 "E. FOR 400.02 FEET; THENCE S.00 029'17 "E. FOR 2762.49 FEET TO THE NORTH RIGHT -OF -WAY LINE OF RANDALL BOULEVARD (100 FEET WIDE)• THENCE S 89 °32'17 "W ALONG SAID NORTH RIGHT - OF -WAY LINE FOR 12294.08 FEET TO THE BEGINNING OF A TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY 133.90 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 153 02618" BEING SUBTENDED BY A CHORD THAT BEARS N.13 044'34 "W. AT 97.33 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF IMMOKALEE ROAD (STATE ROAD S- 846 -100 FEET WIDE) TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY HAVING A RADIUS OF 2914.93 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT -OF -WAY 3321.37 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 65 017'05" BEING SUBTENDED BY A CHORD THAT BEARS N.30 020'03 "E. AT 3144.59 FEET; THENCE N.02 018'30 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2561.80 FEET; THENCE N.01 017'15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2895.93 FEET; THENCE N.01 °09' 15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2591.18 FEET-, THENCE N.00 025'16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 269.95 FEET TO THE POINT OF BEGINNING. 51 of 58 Words stmsk thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved • CONTAINING 2235.875 ACRES, MORE OR LESS. LESS PARCEL 1 - DESCRIBED IN OFFICIAL RECORD BOOK 4417 PAGE 2960: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 48 SOUTH RANGE 27 EAST; THENCE S.89 °35'32 "W ALONG THE SOUTH LINE OF SAID FRACTION AND ALONG THE CENTERLINE OF OIL WELL ROAD FOR 1201.85 FEET, N.00 °29'17 "W. FOR 50.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 2981 AT PAGE 2872 COLLIER COUNTY PUBLIC RECORDS; THENCE N.00 °29'17 "W. ALONG THE EAST LINE OF SAID PARCEL FOR 2353.80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4417 AT PAGE 2960 SAID PUBLIC RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.89 °33'04 "W ALONG THE SOUTH LINE OF SAID PARCEL FOR 2482.41 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE N.00 °29'17 "W. ALONG THE WEST LINE OF SAID PARCEL FOR 1427.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND TO THE SOUTHERLY LINE OF A 150.00 FOOT WIDE CANAL MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF SAID PUBLIC RECORDS; THENCE N.74 °32'51 T. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1515.81 FEET; THENCE N.89 °33'04 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1018.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE S.00 °29' 17 "E. ALONG THE EAST LINE OF SAID PARCEL FOR 1819.99 FEET TO THE POINT OF BEGINNING. CONTAINING 97.120 ACRES, MORE OR LESS. AREA OF THE DESCRIBED PARCEL CONTAINS 2138.755 ACRES MORE OR LESS. 08- CPS - 00868 \133 52 of 58 Words strusk thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 2/14/12 BCC Approved A t � A �= m yyb° z bF DO .4 m ! 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I �% I� ( / /�•.�y rt �'�, III Q♦ ♦�1� n �r•, 00 - E- ►,�, .. ho a toll 4-41 Residential Building Setback Lin • 2 i mp CL i d vngo W O x' d eD A (D O x :I C T OF p� 20 $ R X =n M � N 3C7 Qg N ID 3 3 X G • � i4 7 � 7 m3a LCT LA. 1 rp N t0 Q 7 eD -(DO eD ato p� p O O 3� IA 0 1< RE m N m m a N g e Z 8�im�cm0 � msspN m gig Ail o F2 mop2 �m0 OCn <� o gg� g 0 g c 0 1 N ' 1 N �"� ' �- D� - -- nzi C Q ;AD F F z g g g M4 ;g m 0 T m D 1 1 , 1 1 1 1 1 1 1 1 1 � 1 1 1 ' � 1 ♦ i 1 ( lJ 1 1 lV,,■ 1 1 1 1 1 � 1 � 1 , ice■■■ 1■ 1■ :. ■ . dr DZ1� C_ #Dm C7O Y r �' 1 . g -;, 0 ;'.. ^. ¢R z is m C' y 1 (Ma to m z m r3 rD; OZ Cz �� r D m m r D m a 8 m - Z n e m �m z " �� m 1 1 , 1 1 1 1 1 1 1 1 1 � 1 1 1 ' � 1 ♦ i 1 ( lJ 1 1 lV,,■ 1 1 1 1 1 � 1 � 1 , ice■■■ 1■ 1■ :. ■ . dr DZ1� C_ #Dm C7O Y r r G) M 'v �' 1 . g -;, 0 ;'.. ^. ¢R '.� g♦ ORANGETREE PUDA ;,4§ O y C y z a m - O n n e m �m " �� m ' z c � $ DD1 mmpo -Zi z ❑ C FUTURE GATE/RECREATION ®Z D t 4 s O j A AREA LOCATIONS r G) M 'v D �' ..�. g -;, 0 ;'.. ^. ¢R '.� g♦ ORANGETREE PUDA ;,4§ (, REZONE ORANGETREE ASSOCIATES I e m °s �m " �� , I� ' •• ^^�,•�- EXHIBIT E 4500 EXECUTIVE DRIVE, SUITE 110 ❑ FUTURE GATE/RECREATION NAPLES, FLORIDA 34119 # t 4 s AREA LOCATIONS 1 3 D STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -09 Which was adopted by the Board of County Commissioners on the 14th day of February, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 2012. DWIGHT E. BROCK Clerk of Courts and,Clerk_; Ex- officio to_.,Bord of _ County Commissioners y� By: Teresa Polaski, Deputy Clerk 1/4/2012 i l► To Whom it May Concern, As a homeowner in Valencia Lakes, I just wanted to take a second to convey my support for the proposed application re: Orangetree. I think any additional services that can be offered in the area would be a welcome and much needed convenience. As a single mother of two small children, I can personally attest to the inconvenience of having to drive at least 15 minutes, simply to run to the grocery store or pharmacy. I think what you are aiming to accomplish with the proposed changes would bring nothing but good things to the Orange Tree area. Best Regards, Lyndsey Black 2642 Orange Grove Trail Naples, FI, 34120 • 11/15/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sinc ely, /—/� Dean Hull 3130 Orange Grove Trail Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Matt McLean From: Paul J. Unsworth [paul.unsworth @tgucpa.com] Sent: Friday, January 06, 2012 4:57 PM To: jimcoletta @colliergov.net Cc: fredcoyle @colliergov.net; tomhenning @colliergov.net; georgiahiller @colliergov.net; donnafiala @colliergov.net Subject: Orange Tree PUD Mr. Coletta, I am unable to attend the hearing on Tuesday, but would like the commissioners to hear my position on the Orange Tree PUD. My name is Paul Unsworth, I am a resident of Valencia Lakes and the Chairman of the Advisory Committee to the developer controlled Board for Valencia Lakes Homeowners Association. While I cannot speak in any official capacity for the Board or the members of the HOA, I have had numerous discussions with various members of our community. The general feeling within our community is that we support the commercial and residential growth in our area as long as it is done responsibly. We have a need for neighborhood type commercial and support it if it is done with thoughtful consideration to how it affects the community. I have had several meetings with the counsel for Orangetree Associates and are pleased with how responsive they have been with our community's concerns. I have previously sent an email to the planning commission detailing the concerns that I and other members of our association had with regards to the proposed changes. At the request of the residents of our community as well as direction from Mr. Strain and the planning commission, Mr. McLean and Mr. Saunders have incorporated changes to the proposed PUD that addressed those concerns. I have had a chance to review the revised changes to the PUD and I am satisfied with the changes the developer has made with regards to our concerns. I look forward to continued dialogue with the developer to ensure that development of the subject parcels remains consistent with the PUD and the Orange Tree community as a whole. Respectfully, PauC Paul Unsworth Accountant Thomas G. Unsworth, P.A., C.P.A. 3960 Radio Road Suite 203 Naples, Florida 34104 Phone: (239)649 -8111 Fax: (239)649 -8214 CAUTION: This communication is intended for the sole use of the individual to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent for delivering the communications to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication may be strictly prohibited. If you received this communication in error, please notify the sender immediately by telephone call, and delete the communication. Information contained in this communication is not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. 1/9/2012 Page 1 of 1 TOO Tom Dear Commissioners: - My name is Jack Sul li an, and I'm the president of Emergent Development Group, the developer behind the ndall Center project emerging on the south side of Randall Blvd in the Golden Gate Esta es. I'm speaking today to share a of my thoughts with regard to the OrangeTree PUD zoning petition scheduled to be �_ . n-January 10th. When the Randall Center project initially carne forward, part of the draw for our location that made it attractive as a cgfn�unity scale development w e proximity to the residential density of Orange ree. This is still the case. Brmgi g forward the additional residential rooftops proposed by this zoning . ' e the attractiveness of the Randall Center to quality tenants. Ce ' y the community at large will want to ensure that the added homes are designed d laid out in a way that maintains the character of the neighborhood - but I believe th a efforts are underway and I trust those issues will be resolved in a satisfactory manne between the parties. Certainly, the additional residential density proposed will benefit the-gandall Center. I've also always felt that the commerci ac / sites that were defined within OrangeTree were "synergistic" to the emergin Randal` "Center. The .Randall Center is a Community Scale development that shoal as a central draw for residents, and will provide much needed services for both, OrangeTree and Estates communities. The OrangeTree commercial that's part of this petition is spread across smaller parcels and will likely provide Convenience and / or Neighborhood Scale services to consumers. Taken in combination with the Randall Center, it m 'ew that the Neighborhood Scale sites of OrangeTree and the Community �e7thatma ciall Center will act in concert with each other to provide a true "satio " for not only OrangeTree, but for the entire Estates. And in the locatithe st sense due to its higher resi dential density and it's optimal (and grortation frastructure. That is my vision, and has been my vision sin"initiallybro ght a Randall Center project forward back in 2008. 1 look forward ly to ether with OrangeTree in a coordinated fashion over the ng rward a premier services destination which should improve th r Or eTree and Estates residents. Thank you for your time and consideration, Jack Sullivan Emergent Development Group 1/5/2012 8A Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application Sincerely, A ys I w w cc: Kay Deselem, Principal Planner Collier County Growth Management Division • 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, cc: Kay Deselem, Principal Planner Collier County Growth Management Division IOT 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, cc: Kay ese em, Principal Planner Collier County Growth Management Division L• 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, cc: Kay Deselem, Principal Planner Collier County Growth Management Division 8A �4 1,5,2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, I cc: Kay Deselem, Principal Planner Collier County Growth Management Division Zl 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, cc:Kay Deselem, Principal Planner Collier County Growth Management Division sa w 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. 1 Sinc rel�% cc: Kay Deseiem, Principal Planner Collier County Growth Management Division 1/5/2012 8A Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. erely, cc: Kay Deselem, Principal Planner Collier County Growth Management Division M 8A 11/30/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, A Annette Kniola 1331 22nd Ave NE Naples, FL. 34120 353 -3311 cc: Kay Deselem, Principal Planner Collier County Growth Management Division • December 2, 2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, ATMr n i u a d Diane Rustay 3371 14'h Avenue S. E. Naples, FL 34117 cc: Kay Deselem, Principal Planner Collier County Growth Management Division • 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely,__ f 1-2 cc: Kay Deselem, Principal Planner Collier County Growth Management Division ill December 2, 2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. rely i eigart 2560 10 Ave NE Naples FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division e 1/5/2012 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, ip% �, #O�h- cc:Kay Deselem, Principal Planner Collier County Growth Management Division 1/10/2012 Item 8.A. 11/28/2011 %V1 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Robert Christen 1774 Sarazen Place Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division 63 ►l 1/10/2012 Item 8.A. From: StrainMark Sent: Tuesday, October 04, 2011 12:39 PM To: paul.unsworth @tgucpa.com Cc: DeselemKay; BellowsRay Subject: FW: OrangeTree PUD Hearing I appreciate your comments and will forward this onto the staff for subsequent forwarding onto the other CCPC members and others. Unfortunately it is not possible for me.to read emails into the record however if you provide this to some member of the audience they could certainly read it into the record. By copying this to staff for distribution it becomes part of the record, even if it is not read in open session. I can also assure you that we will discuss the items you have brought forth in your email. thank you, Mark From: Paul J. Unsworth [paul.unsworth @tgucpa.com] Sent: Tuesday, October 04, 2011 10:59 AM To: StrainMark Subject: OrangeTree PUD Hearing Mr. Strain, I am unable to attend the hearing on Thursday, but would like to have this email read into the record. My name is Paul Unsworth, I am a resident of Valencia Lakes and the Chairman of the Advisory Committee to the developer controlled Board for Valencia Lakes Homeowners Association. While I cannot speak in any official capacity for the Board or the members of the HOA, I have had numerous discussions with various members of our community. The general feeling within our community is that we support the commercial and residential growth in our area as long as it is done responsibly. We have a need for neighborhood type commercial and support it if it is done with thoughtful consideration to how it affects the community. Packet Page -409- X; 1/10/2012 Item 8.A. I have had several meetings with the counsel for Orangetree Associates and are pleased with how responsive they have been with our community's concerns. I look forward to working with them more closely as their project progresses. Most of our concerns have been addressed by the developer, however I do want to make sure that the Planning Commission is aware as well. With regards to the residential rezoning, we do not feel that the R4 section immediately to the north of the eastern side of our subdivision is keeping with the look and feel of our subdivision and Citrus Greens. The developer has agreed to change that parcel to R3 with a two story limit. In addition to this parcel, the small section of proposed R3 adjacent to the northeast portion of our subdivision would probably become part of our subdivision, and the change of that small tract of land to R3 would be out of place within our subdivision. The developer has agreed to change that portion to R2. The general feeling within the community is that we do not want the R3(changed from R4) portion of the PUD to become part of our subdivision. The developer has agreed for it to have its own HOA. With regards to the commercial zoning, our biggest concern is that the proposed neighborhood centers will not actually become neighborhood centers, instead they will be occupied by big box retailers. We ask that the Planning Commission place appropriate restrictions on the development of the neighborhood centers, including but not limited to: appropriate setbacks and buffers from residential parcels; directional lighting as to prevent parking lot and building lighting from "spilling" into residential parcels; the placement of refuse containers immediately adjacent to any residential parcel; limiting building height; limiting commercial uses to not include outside bars /restaurants; noise pollution from outside PA systems; and possibly limiting the size of any one occupant to prevent all 100,000sf being built out by one big box retailer (like a Wal -Mart, Target, or Home Depot). The final concern is with the office commercial parcel. The develop has informed us they will limit the size of the building to two stories and Packet Page -410- 1/10/2012 Item 8.A. 8A provide appropriate setback and buffers, we just want to make sure that they are included in the final plan. Thank you for listening to our concerns. Respectfully, Paul Paul Unsworth Accountant Thomas G. Unsworth, P.A. , C.P.A. 3960 Radio Road Suite 203 Naples, Florida 34104 Phone: (239) 649-8111 Fax: (239) 649-8214 CAUTION: This communication is intended for the sole use of the individual to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent for delivering the communications to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication may be strictly prohibited. If you received this communication in error, please notify the sender immediately by telephone call, and delete the communication. Information contained in this communication is not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Page-411- 1/10/2012 Item 8.k. 8A • • • • • i . • November 23, 2011 • • • Collier County Board of County Commissioners 3301 E.Tamlami Trail Naples,.FL 34112 RE:Orangetree PUDZ2003-AR-3608 • Rezone Application Support Letter • Dear County Commissioners: • In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we 'fully support the proposed Orangetree application including the additional commercial and residential development. • We look forward to the additional services that woald be;allowed by approving this • application. Please accept this letter as support to the Reiohe Application. • Sincerely, • • •Hanny Hanein • 2786 Orange grove Trail • Napies;FL 34120 • .cc: Kay Deselem, Principal Planner • Collier County Growth Management Division • • I ' • • • • • • I , 1 ' Packet Page-440- 7,ffl ',; 4b'i1.7.^r+=4 SY1X31 NIt1WA3'.•1 WV 0r:;0 BE71.1:717/RO/11i 1/10/2012 Item 8.A. DEC/08/2CI V.-I UT: SY ABC •GEtih4S1N•Lh1Xb . 4A% 1o:M5yMIT - F. ULn 12 -05 -2011 Collier County; Board of County Commissioners 3301 E. Tamlami Trail Naples, FL 34 112 • I RE: Orangetree DZ2003 -AR -3608 • Rezone Application Support Ledee Dear County s+om Issioners, i In connectlon.with! the above referenced Rezone Application to be considered by the Board of County Commf'ssloners, thin letter shall confirm that we fully support the proposed Orangetree appliratlon including the additional commercial and. residential development. '. We look forward to the additional; services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. I S! rely, 1 197 H yt cc: Kay Desele , Principal Planner i Collier,Cou ty Growth Managglnent Division ' • i �:�IEJ"r �i75o�• . i Packet Page -441- TOO 1/10/2012 Item 8.A. November 29, 2011 Collier County Board of County Commissioners 3301 E. Tamiaml Trail Naples, FL 34112 RE: Orangeiree PUDZ2003 -AR -3608 Rezone Application Support better Dear County Commissioners: In connection wlth the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Oranget ee application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. 5l oer'eiY, 7JJ /PM�Sin ►V�4�1 �.r.- e�J 2225 Valencia takes circle Naples fl 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division C000/r000 Packet Page -437 - � OBSCBfCBCd TVd 89:G0 OCOZ /COii:T 1/10/2012 Item 8.A. [L November 29, 2011 Collier County Board of County Commissioners 3301 E. Tamiaml Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. a,ereIyo m Messina 2 5 encia lakes circle Na es 120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division e000iz000lb Packet Page -436- oosee►carz rv.4 cs:to oeozisoiar 1/10/2012 Item 8.A. 11/28/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. /in eIy, n 503 Ocean Bluff Court cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -425- 1/10/2012 Item 8.A. I. 8A 11/28/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Since ly, Mike Landreth r 3503 Ocean Bluff Court cc: Kay Deseiem, Principal Planner Collier County Growth Management Division Packet Page -424- 1/10/20121�rp�8.A. 0 �� w4 11/15/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We took forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application Sincerely, Lawrence Fatisi 2091 Par Drive Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth management Division Packet Page -423- 1/10/2012 Item 8.A. 11/21/2011 • Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Paul Meunier 1053 Port Orange Way Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -422- 1/10/2012 Item 8.A. 8A 11/21/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, c i" Kim Luzinski 717 Indian Creek Ct Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -421- 1/10/2012 Item 8.A. 11/21/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003- AR-3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Cathy Stroutsos 1053 Port Orange Way Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -420- 1/10/2012 Item 8.A. 11/15/2011 8A. a Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, `. William Luzinski 717 Indian Creek Ct Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -417- 1/10/2012 Item 8.A. 11/15/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Shawn O'Malley 2257 Valencia Lakes Circle Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -416- M, 1/10/2012 Item 8.A. Noveinber 21, 2011 �� 1 1 Collier- County Board of County Commissioners 3301 L. Tamiarni Trail Naples, FL 34112 KL: Orangetree PUDZ2003 AR- 3608 Rezone Application Support Letter Dear County Corr) missior ter s: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Julki -B. Ojanovac 829 Inlet Cove Lane West Naples, I L 30120 cc: Kay Deselc_rn, Pr.ri(.,;)a: Planner Collier County Growt`, Management Division Packet Page -415- 1/10/2012 Item 8.A. November 21, 2011 Collier County Board of County Commissioners 3301 L. Iamiami Trail Naples, f L 34112 RL: Orangetree PUDZ2003-AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Comn -iss otters, this letter shall confirm that we fully support the proposed Orangei.ree appiwa; on including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. S "nce,Fely, A rpn M. janovac 2829 Inlet -dove Lane West Naples, I-L .114120 cc: Kay Deselem, Principal Planner Collier Co:;nty v�:nagement Division Packet Page -414- i 02/061/2012 11:19 FAX. 239 4038733 ATTY WOLOK (.. 5 ) IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR C OLLIER COUNTY HOWARD ANDERSON, LINDA ANDERSON, DAVID JESKIE, LAURA JESKIE, ANDREW McELWAINE, PAUL O'BRIEN, FRANCES O'BRIEN, IAN ANDREW PERL, ANTHONY PEZZA, PATRICIA PEZZA, YOLANDA RAMSAY- SINCLAIR, BARRY T. SULLIVAN, and KATHLEEN B. SULLIVAN, Plaintiffs, V. ORANGETREE ASSOCIATES, a general partnership, and the BOARD OF COMMISSIONERS OF COLLIER COUNTY, Defendants. CASE NO. 11- 3578 -CA STIPULATED ORDER Q004/005 1100VA THIS CAUSE came before the Court on the Joint Stipulation for Dismissal, and the Court having reviewed the Stipulation and file, and being otherwise duly advised in the premises, it is ORDERED AND ADJUDGED that The Plaintiffs, ANDREW McELWAINE, HOWARD ANDERSON, LINDAANDERSON, LAURA JESKIE, PAUL O'BRIEN, FRANCES O'BRIEN, IAN ANDREW PERL, ANTHONY PEZZA, PATRICIA PEZZA, YOLANDA RAMSAY- SINCLAIR, BARRY T. SULLIVAN, and KATHLEEN B. SULLIVAN, are hereby dismissed from. this case under the terms of the Stipulation. Done and ordered in Chambers, Collier County, Florida, on this Received Time Feb. 6. 2012 11:15AM No,5110 day of February, 2012. tl1 02/06/2012 11:19 FAX 239 4038733 cc: Mimi S. Wolok, Esq. Burt L. Saunders, Esq. Heidi Ashton-Cicko, Esq. Received Time Feb. 6. 2012 11:15AM No-5110 ATTY WOLOK Q005/005 Cynthia A. 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