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Backup Documents 06/26/2012 Item # 9A9A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, June 1, 2012, 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 /Zoning Person: Kay Deselem, Principal Planner Date: May 22, 2012 Petition No. PUDA- PL20110001497: Bent Creek Preserve RPUD Petitioner:''Bent Creek Preserve, LLC; 825 Coral Ridge Drive; Coral Springs, FL, 33071 Name & Address of any person(s) to be notified by Clerk's Office:wR. Bruce Anderson, Esquire; Roetzel and Andress; 850 Park Shore Drive, Trianon Centre, 3rd Floor; Naples, FL 34013 AND Patrick Vanasse, AICP; RWA; 6610 Willow Park Drive, Suite 200; Naples, FL 34109 Hearing before: I•siR9406 BZA Other Requested Hearing date: Tuesday, June 26, 2012. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached 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: Division Administrator or Designee List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS Date 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 Receive oqi�� Date of Public Hearing: /Date Advertised: f: ` -4 ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE-HALF MILE EAST OF THE INTERSECTION OF COLLIER 13OULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06-62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHERE-AS, Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress LPA, representing Centerline Homes Enterprises Three, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 06-62, the Summit Lakes Residential Planned Unit Development, NOW, THEREFORE, BE i-r ORDAINED BY THE BOARD OF COUNT -Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, k� Towliship 48 South, Range 26 East, Collier County, Florida is changed from a Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Bent Creek Preserve RPUD to allow constructioti of a Bent Creek Preserve RPUD/PUDA-PI,20110001497 Rev. 5/22/12 Page 1 of 2 9 A maximum of 450 residential dwelling units in accordance with the Bent Creek Preserve RPUD, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code. is/are hereby amended accordingly. SECTION TWO: Ordinance Number 06-62, known as the Summit Lakes Residential Planned Unit Development, adopted on December 12, 2006 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety, SECTION THREE: This Ordinance shall become effective upon riling 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. ATTEST: DWIGHT E. BROCK, CLERK By: I Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams 511�11' ?/ 0 1, 1. Assistant County Attorney 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Attachment: Exhibit A - Bent Creek Preserve RPt.JD Document 12-CPS-01 148133 Bent Creek Preserve RPUD/PIJDA-PI.,20110001497 Rev. 5/22/12 Page 2 of 2 9 9A EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS ACREAGE± TRACT "R" RESIDENTIAL 450 110.1 TRACT "RA" RECREATION AREA 0 4.6 TRACT "P" PRESERVE 0 23.7 TOTAL 138.4 I TRACT R PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single - family detached dwellings; 2) Single- family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Multi - family dwellings; 4) Model homes; 5) All principal uses permitted in Tract RA, No principal uses permitted in Tract RA shall be pertitted in Tract R that abuts adjoining, off -site lands. 6) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Walls, berms, signage, and development excavations; 3) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary structures. 4) Signs, including boundary marker signage 5) Polling place if deemed warranted by the Supervisor of .Elections; Bent Creek Preserve PL -2011 -1497 May 21, 2012 Page 1 of 13 030008.05.01 9 A 6) All accessory uses permitted in Tract RA. No accessory uses permitted in Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands. II TRACT RA PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses (Typically Accessory to Residential Development): 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and/or active water features; 3) Signs, including boundary marker signage; 4) Cellular communication tower; S) Any other principal use which is comparable in nature with the foregoing list of pennitted principal uses, as determined by the Board of Zoning Appeals ( "BZA") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping; 2) Walls, berms, signage, and development excavation. III TRACT P PERMITTED USES: No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Native vegetation preserves; 2) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. Bent Creek Preserve PL -2011 -1497 May 21, 2012 Page 2 of 13 030008.05.01 B. Accessory Uses; Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Passive recreational areas and boardwalks; 2. Viewing platforms; 3. Nature trails including boardwalks and pedestrian/bicycle bridges; 4. Drainage and water management structures, included but not limited to walls, berms. Placement of water management structures will not reduce the native preservation requirement. Bent Creek Preserve PL -2011 -1497 May 21, 2012 Page 3 of 13 030008.05.01 9A EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Bent Creek Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict (Tract "R "). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. MAXIMUM DENSITY: There shall be no more than 450 residential dwelling units permitted which provides for a maximum gross density of 3.25 dwelling units per acre. NATIVE VEGETATION PRESERVATION: The 138.4 acre PUD has 94.41 acres of native vegetation existing on -site. Therefore, a minimum of 25% of the existing native vegetation (23.60 acres) are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. Bent Creek Preserve PL -2011 -1497 May 21, 2012 Page 4 of 13 030008.05.01 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY MULTI. CLUBHOUSE/ MINIMUM LOT AREA DETACHED ATTACHED & FAMILY RECREATION BUILDINGS SIDE S.P.S. TOWNHOUSE S.P.S. 1/2 BH PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F. SIDE S.P.S. UNIT S.P.S. 1/2 BH MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET* 25 FEET MIN SIDE YARD — SINGLE STORY 6 FEET 0 FEET or 6 FEET GREATER OF 10 GREATER OF 15 FEET OR MAX. BUILDING HEIGHT NOT TO EXCEED ACTUAL 40 FEET 40 FEET FEET OR 1/2 BH 1/2 BH MIN SIDE YARD — TWO -STORY 7.5 FEET GREATER OF 10 GREATER OF 10 GREATER OF 10 FEET OR 1/2 FEET OR 1/2 BH FEET OR 1/2 BH BH MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 1/2 BH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR 1/2 STRUCTURES — SINGLE STORY FEET OR 11-2 THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN 15 FEET GREATER OF 20 GREATER OF 20 GREATER OF 20 FEET OR 1/2 STRUCTURES - TWO -STORY FEET OR 1/2 FEET OR 1/2 THE THE SUM OF BH THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN ONE 13.5 FEET N/A N/A GREATER OF 20 FEET OR 1/2 STORY and MULTI -STORY THE SUM OF BH STRUCTURES MAX. BUILDING HEIGHT NOT TO 35 FEET 40 FEET 45 FEET 50 FEET EXCEED ZONED MAX. BUILDING HEIGHT NOT TO 45 FEET 45 FEET 60 FEET 60 FEET EXCEED (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) (DETACHED) 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 20 FEET 10 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 15 FEET OR 1/2 BH MAX. BUILDING HEIGHT NOT TO EXCEED ZONED 35 FEET 35 FEET 35 FEET 40 FEET MAX. BUILDING HEIGHT NOT TO EXCEED ACTUAL 40 FEET 40 FEET 40 FEET 40 FEET S.P.S. - Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. *: Residences with side loaded garages may have a minimum 15 foot front yard Bent Creek Preserve PL -2011 -1497 May 21, 2012 Page 5 of 13 030008.05.01 9A Notes: 1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units, within one building, when more than one residential unit is in a single structure (Le.: attached single - family and townhomes). 3) Terraced setbacks are permitted for either two or three story multi - family structures. Side yard setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure I below. 4) Firewall protrusions into required yards are permitted up to three (3') feet. 5) Entrance features (Le.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet, 6) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 7) No more than ten (10) attached dwelling units are permitted without a side yard setback between the building containing those units and the next building, PROPERTY 15' MIN LINE EXTERIOR BUILDING WALL SETBACK SIDE YARD r--- SETBACK O O Figure 1 Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 6 of 13 030008.05.01 i20 q EXHIBIT C MASTER PLAN N -12 � Sr 1 1 A I- gg ro J( w' a 1 _S m RUNNN ei U [$� H a m<° L'iC ° S Z OOOG ti o FS O y ro o1�t -�� D W �C M rc I WOOpCRE9T ORME , rl �d` E I 71 I 11 I 11 I 1 �I u � If mi Ely w v BENT CREEK PRESERVE '" J n t RPUD WAssnoc�lm n s �"'il "Y► W'UV MAST ER PLAN Bent Creek Preserve PL 2011 -1497 May 21, 2012 Page 7 of 13 030008.05.01 a o y ro O o 0 0 1 y P � p + � W o mi Ely w v BENT CREEK PRESERVE '" J n t RPUD WAssnoc�lm n s �"'il "Y► W'UV MAST ER PLAN Bent Creek Preserve PL 2011 -1497 May 21, 2012 Page 7 of 13 030008.05.01 1 � EXHIBIT D Legal Description LEGAL DESCRIPTION (AS PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY) COLLIER COUNTY PARCELS 1 THROUGH 10: PARCEL 1 (OUTDOOR RESORTS) THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; ALSO LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723 (PARCEL 103), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHEAST CORNER OF SAID WEST 1/2, THENCE NORTH 2° 19' 4" WEST, ON THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 267.62 FEET; THENCE NORTH 89" 59'9" WEST, A DISTANCE OF 660.58 FEET TO A POINT ON THE WEST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 18'30" EAST, ON SAID WEST LINE A DISTANCE OF 267.79 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST 1/2; THENCE NORTH 890 59'58" EAST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660,62 FEET TO THE POINT OF BEGINNING. PARCEL 3 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID WEST 1/2; THENCE NORTH 2° 1T 20" WEST, ON THE WEST LINE OF SAID WEST 1/2 A DISTANCE OF 362.58 FEET; THENCE NORTH 89° 59' 58" EAST, A DISTANCE OF 658.26 FEET; THENCE NORTH 20 17'55" WEST, PARALLEL TO THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 350.74 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 2.30 FEET TO A POINT ON THE EAST LINE OF SAID WEST 1'/2; THENCE SOUTH 2° 1T 55" EAST, ON SAID EAST LINE A DISTANCE OF 713.28 FEET TO THE SOUTHEAST CORNER OF SAID WEST 1/2; THENCE SOUTH 890 590 58" WEST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 FEET. PARCEL 4 (OUTDOOR RESORTS) THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID EAST 1/2; THENCE NORTH 2° 17' 55" WEST, ON THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF 713.28 FEET; THENCE SOUTH 880 49'57" EAST, A DISTANCE OF 661.18 FEET TO A POINT ON THE EAST LINE OF SAID EAST 1/2;T HENCE SOUTH 2° 18'30" EAST, ON THE EAST LINE OF SAID EAST '1/2, A DISTANCE OF 699.79 FEET TO A POINT ON THE SOUTH LINE OF SAID Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 8 of 13 030008.05.01 EAST 1/2; THENCE SOUTH 890 59' 58" WEST, ON THE SOUTH LINE OF SAID EAST 1/2 A DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING. PARCEL 5 (OUTDOOR RESORTS) THE NORTH 80% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 6 (OUTDOOR RESORTS) THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF FOR ROAD RIGHT OF WAY; ALSO LESS AND EXCEPT THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 (KOLEQUE PARCEL ONE) THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 (KOLEQUE PARCEL TWO) THE SOUTH 20% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF FOR RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES, AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, RUN ALONG THE EASTERLY LINE OF SAID SECTION A BEARING OF SOU'T'H 020 21'08" EAST FOR 2675.77 FEET TO A FOUND 5/8 INCH IRON ROD, BEING THE EASTERLY 1/4 CORNER OF SAID SECTION AND A POINT OF BEGINNING; THENCE RUN SOUTH 890 58'26" WEST ALONG THE QUARTER SECTION LINE, 660.62 FEET TO A 4 INCH CONCRETE MONUMENT, SAID MONUMENT BEING THE COMMON CORNER OF THIS PARCEL AND THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT; THENCE RUN NORTH 020 20'40" WEST, A DISTANCE OF 267.60 FEET TO A SET 5/8 INCH IRON ROD WITH CAP; THENCE RUN NORTH 89" 58'42" EAST, A DISTANCE OF 660.58 FEET TO A 5/8 INCH IRON ROD THAT WAS FOUND AT THE INTERSECTING POINT ON THE EASTERLY SECTION LINE; THENCE RUN SOUTH 021 21'08" EAST ALONG THE EASTERLY LINE OF THE SECTION A DISTANCE OF 267.58 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 30 FEET RESERVED FOR A ROAD INGRESS/EGRESS RIGHT OF WAY AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 (CAPIELLO PARCEL) A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, 'OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE NORTH 178.91 FEET. COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, SOUTH Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 9 of 13 030008.05.01 89° 58' 17" EAST, A DISTANCE OF 1320.35 FEET, TO THE NORTHWEST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE SAID WEST 1/2, SOUTH 02° 18'21" EAST, A DISTANCE OF 179.06 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, SAID POINT BEING ON A LINE PERPENDICULAR TO THE SAID NORTH LINE AND SOUTHERLY 178.91 FEET; THENCE EASTERLY AND PARALLEL TO THE SAID NORTH LINE, SOUTH 89'58' 17" EAST, A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE SAID WEST 1/2; THENCE ALONG THE SAID EAST LINE SOUTH 020 19' 00" EAST, A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SOUTH LINE OF THE SAID WEST 1/2, NORTH 89° 59' 07" WEST, A DISTANCE OF 660.42 FEET TO THE SOUTHWEST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SAID WEST LINE NORTH 020 18'21" WEST, A DISTANCE OF 1159.10 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 10 (FERGUSON PARCEL) A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 100 FEET OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH /SOUTH QUARTER LINE OF SAID SECTION 26, SOUTH 020 IT 02" EAST, 179.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID QUARTER LINE ALSO BEING THE EAST PROPERTY LINE OF THE BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2228, PAGE 1540 THROUGH 1544, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 02° 17' 02" EAST, 1159.43 FEET TO THE SOUTH LINE OF THE SAID BOUNDARY AGREEMENT; THENCE ALONG SAID BOUNDARY AGREEMENT THE FOLLOWING TWO COURSES; 1) NORTH 89° 58,36" WEST, 528.56 FEET; 2) NORTH 02° 16' 14" WEST, 1180.43 FEET TO THE INTERSECTION WITH SOUTH BOUNDARY LINE OF PARCEL 102 AS DESCRIBED IN OFFICIAL RECORDS BOOK 3128, PAGE 2557; THENCE CONTINUE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 102 THE FOLLOWING THREE COURSES: 1) SOUTH 89'S8'39" EAST, 196.60 FEET; 2) SOUTH 00'01'21" WEST, 21.00 FEET; 3) SOUTH 89° 58'39" EAST, 332.54 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN. GROSS LAND AREA OF PARCELS I 'THROUGH 10, INCLUSIVE = 6,027,469.4 SQUARE FEET OR 138.4 ACRES MORE OR LESS. Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 30 of 13 030008.05.01 !T 1 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on Immokalee Road. The sign content area for "boundary markers" to be located in the Residential Tract R, or RA may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #3 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with Immokalee Road, an 18 -foot tall visual screen may be installed as a wall/berm combination. Where associated with Woodcrest Drive, a 12 foot tall visual screen may be installed as a wall /berm combination. Deviation #4 seeks relief from Section 6.06.01(0) of the LDC for cul -de -sac and local streets, and LDC Appendix B, Typical Street Section, B -4 and B -5 which requires 60 feet of right -of -way to allow all platted project streets to have a minimum 50 -foot right -of -way. Deviation #5 seeks relief from Section 2 -12, Exhibit A, Subsection C.13 J. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004 -66 and made a part of the Code of Ordinances. Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 11 of 13 030008.05.01 !9A EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the developer. S. Upon being warranted by the County, the developer shall provide a fair share contribution toward the installation and maintenance of a traffic signal at the intersection of Wooderest Drive and Immokalee Road. C. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes shall be required for the project access point and compensating right -of -way shall be provided without cost to the County upon plat or site development plan approval. D. An interconnection to the agriculturally zoned plant nursery to the west of the project may be appropriate in the future should conditions allow. Therefore, a potential interconnection has been provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned undeveloped parcel at the northeast comer of the project is appropriate. If appropriate and future conditions allow by a cost - sharing agreement with the owner of the undeveloped parcel, the developer shall design and construct the shared access with the appropriate development order application. Any necessary easements will also be dedicated with the development order. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. A minimum of 23.60 acres of native vegetation are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. PLANNING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Centerline Homes Enterprises 'T'hree, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 12 of 13 030008.05.01 B. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy (CO) for the 45th residential dwelling unit. C. Related to Deviation #1, as a part of the application material for every building permit for a model home, the developer shall provide documentation stating how many model homes are in existence so that the maximum of fifteen model homes is not exceeded. PUBLIC UTILITIES A. The project shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. D. Should the Collier County Water -Sewer District determine that it does not have sufficient capacity to serve the project; the Developer shall either construct interim potable water, wastewater treatment and /or non - potable water facilities, or shall postpone development until such time as the Collier County Water -Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and /or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. E. All customers shall be customers of the Collier County Water Sewer District. Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 13 of 13 030008.05.01 MV FIAKAJ Acct. #068779 May 23, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 RE: PUDA- PL20110001497, Bent Creek Preserve RPUD Dear Legals: Please advertise the above referenced petition on Wednesday, June 6, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 26, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R.846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the 9A 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) foupy off' - pilier 9 A CLERK OF THE CJRCIT COURT Dwight E. Brock COLLIER COUNTY OUR1NOUSE Clerk of Courts 3301 TAMIAMI IL E ST Clerk of Courts P.O. BOX 4 `3044 Accountant NAPLES, FLORIDA4101 -344 Auditor -ij, Custodian of County Funds May 23, 2012 RWA Patrick Vanasse, AICP 6610 Willow Park Drive Suite 200 Naples, FL 34109 RE: PUDA- PL20110001497: Bent Creek Reserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 26, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, June 6, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, U � Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com CLERK OF THE CIRC IT COURT Dwight E. Brock COLLIER COUNTY , OUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL E ST Accountant P.O. BOX 4 3044 Auditor NAPLES, FLORIDA�4-3044 Custodian of County Funds May 23, 2012 Al:- ,, i Roetzel & Andress R. Bruce Anderson 850 Park Shore Drive Trianon Certre, 3`d Floor Naples, FL 34013 RE: PUDA- PL20110001497: Bent Creek Reserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 26, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, June 6, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com of Collier CLERK OF THE C RCtJIT COURT Dwight E. Brock COLLIER COUNTY OUR.IOUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI AIL EAST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA 4101 -3 44 Auditor � , Custodian of County Funds May 23, 2012 Bent Creek Preserve, LLC 825 Coral Ridge Drive Coral Springs, FL 33071 9A RE: PUDA- PL20110001497: Bent Creek Reserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 26, 2012 as indicated on the enclosed notice. The legal notice pert aining to this petition will be published in the Naples Daily News on Wednesday, June 6, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Mart ha Vergara, Deputy Clerk Enclosure Phone (239)252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerkCcollierclerk.com �� f< Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, May 23, 2012 3:41 PM To: Naples Daily News Legals Subject: PUDA- PL20110001497 Bent Creek Preserve RPUD Attachments: PUDA- PL20110001497 (Bent Creek Preserve RPUD 6- 26- 12).doc; PUDA- PL20110001497 (Bent Creek Preserve RPUD 6- 26- 12).doc Legals, Please advertise the following attached ad on Wednesday, June 6, 2012. Please forward an ok when received. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara c,collierclerk.com 1 Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> To: Martha S. Vergara Sent: Wednesday, May 23, 2012 3:42 PM Subject: Read: PUDA- PL20110001497 Bent Creek Preserve RPUD Your message To: Subject: PUDA- PL20110001497 Bent Creek Preserve RPUD Sent: Wednesday, May 23, 2012 3:42:28 PM (UTC- 05:00) Eastern Time (US & Canada) was read on Wednesday, May 23, 2012 3:42:23 PM (UTC- 05:00) Eastern Time (US & Canada). 1 � Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, May 23, 2012 3:54 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS60D jpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 05/23/12 Publication NDN Account Number 744102 Ad Number 1950923 Total Ad Cost $285.18 T a m w a d 0 ro ro nw � Q Q i0 o f '0 O z m Sn y v n -0 W-v -rs -o os (D � rofi 3 Q tD @ Fy n � �SC3 CR eD �. 0.5 �@ °C' � a> 0 =r, ro,� n. vs °�Qo ro�NrsaN,a,, ro L4 CL a q tW3� � w3 cr ffmp3 yO —Cl n, a'^ O M_. p 7?� 7Cz --to a 0-9 d� m -avo10 roavro ;;a n m am- r+ +tD 7' Cpp O N C} � : G -, m 4 h c� CL �.r� R�0w.3 00. V it fft' C 3 2.5 -w MO 573 fi hi tb d r C, m 'a `c 3'w U2 0 :2 no At Aj-k+D � �^ ., C �K tp tip .. s �f1 Ems+ 4 iii "a to 4 3 00 fro^ o3,oaa �C ft 03 � '�.ro M�eD ro Po :1W 0-0 7 ro ro'(D p. Q� 0-,- . mC mtr a 3 m N' cu a 3 -aa o°i3. -k3 3•m 5 0'q * m g n -mug roQo c4c - r)O O 3co07 map_.-A m�vmc et fD Q TO O 3 c tG n a O mht ° Q "rD � �3JP n u 'a a ro W c G2. 3-n a TO rD Martha S. Vergara �9 From: Naples Daily News <naplesnews @clicknbuy.com> Sent: Tuesday, June 05, 2012 11:08 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1950923 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 26, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 95 1) AND IMMOKALEE ROAD (C.R.846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 + /ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 6, 2012 No. 1950923 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E 4700 NAPLES FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 26, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the REFERENCE: 068779 4 5 0 0 0 9 618 9 enactment of a County ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 59690607 NOTICE OF INTENT TO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE State o f Florida COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS Counties of Collier and Lee MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE Before the undersigned authority, ersonall KNOWN AS THE BENT CREEK•PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A g y r P MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED eared Barbara Boyer, e r s a s that she serves APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER appeared Y Y BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R.846) IN SECTION 26, the Sales Coordinator, of the Naples Dail Ne TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING P Y OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06 -62, daily newspaper published at Naples, in Collis THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. CountCount Florida: distributed 1 Collier Copies of the proposed Ordinance are on file with the Clerk to the Board and are y, or a n o er available for inspection. All interested parties are invited to attend and be heard. and Lee counties of Florida; that the attached copy of advertisin published in said newspaper on dates listed. Affiant further says that the said Naples D News is a newspaper published at Naples, in s Collier County, Florida, and that the said newspaper has heretofore been continuously 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 ye 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 tl purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/06 CRYSTAL G. JONES MY COMMISSION # DD B816 4 *P 2013 � ., �. EXPIRES: June 2 /, AD SPACE: 9 6 LINE 4Fdt' Bonded Thru Notary Public Underwriters FILED ON: 06/06/12''" 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 6. 2012 No 19504 3 --------------------------------------------- ---- ------------------ - - - - -- S_g__ature of Affian Sworn to and Subscribed before Personally known by me r his ay o _ 20 I, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 9 A �`�� i „r, �';inh 3 ,hcr -A ,..'; l:, , llt`� .•iClit t �, _.._ i i:S h ,i .,,,!, „1 �r ,, i ,.. ,� l7 " '! _ , ., ..., .r'. ROUTING SLIP'. Complete routing lines #I 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 #I throu #4, complete 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 (Initial) Applicable) 2. June 26, 2012 Agenda Item Number 9.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 4c2�e �2 6. Minutes and Records Clerk of Court's Office _1 '� 6(2�f ((Z PRIMARY CONTACT INFORMATION 2f►n (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 io the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact ap ro riate. (Initial) Applicable) Agenda Date Item was June 26, 2012 Agenda Item Number 9.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 lt' yo Documents Attached INSTRUCTIONS & CHECKLIST 1: 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 ap ro riate. (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, 49 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 AP Office and all other parties except the BCC Chairman and the Clerk to Lhe Board 3. The Chairman's signature line date has been entered as the date of BCq approval of the to document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where 'initials the Chairman's AT signature and 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 BCC approval. 419 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 June 26, 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. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: July 13, 2012 To: Ernie Kerskie, Director Office of the Property Appraiser From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -22, 2012 -23, 2012 -24, 2012 -25 and 2012 -26 Attached for your records is a copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, June 26, 2012. If you have any questions, please contact me at 252 -8411. Thank you. Attachment MEMORANDUM Date July 13, 2012 To: Kay Deselem, Principal Planner Zoning and Land Development From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -26 Attached for your records is a copy of the Ordinance referenced above (Item #9A) adopted by the Board of County Commissioners June 26, 2012. If you have any questions, please call me at 252 -8411. Thank you. Attachment NMI ORDINANCE NO. 12- 2 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE -HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress LPA, representing Centerline Homes Enterprises Three, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 06 -62, the Summit Lakes Residential Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida is changed from a Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Bent Creek Preserve RPUD to allow construction of a Bent Creek Preserve RPUD /PUDA- PL20110001497 Rev. 6/08/12 Page 1 of 2 ;Z4 maximum of 450 residential dwelling units in accordance with the Bent Creek Preserve RPUD, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 06 -62, known as the Summit Lakes Residential Planned Unit Development, adopted on December 12, 2006 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this X,4_ day of Dune- , 2012. -!V'. DWIGHTJ�,,BROCK, CLERK it 4."t" �:: De u�y Clerk - Q,,,Attq� to �i� "s f` ' 1 on t I, Approved as to form and legal sufficiency: Steven T. Williams 51412 Assistant County Attorney lob BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W C��" L — FRED W. COYLE, Chi an Attachment: Exhibit A - Bent Creek Preserve RPUD Document 12- CPS - 01148/42 Bent Creek Preserve RPUD/PUDA- PL20110001497 Rev. 6/08/12 Page 2 of 2 EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS ACREAGE+ TRACT "R" RESIDENTIAL 450 110.1 TRACT "RA" RECREATION AREA 0 4.6 TRACT "P" PRESERVE 0 23.7 TOTAL 138.4 I TRACT R PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single - family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Multi- family dwellings; 4) Model homes; 5) All principal uses permitted in Tract RA, No principal uses permitted in Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands. 6) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Walls, berms, signage, and development excavations; 3) Project sales, construction and administrative offices, which may occur in residential, and /or in temporary structures. 4) Signs, including boundary marker signage 5) Polling place if deemed warranted by the Supervisor of Elections; Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 1 of 13 030008.05.01 6) All accessory uses permitted in Tract RA. No accessory uses permitted in Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands. II TRACT RA PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses (Typically Accessory to Residential Development): 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy (CO) for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at the terminus of the entrance road, and interior to the development. 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and /or active water features; 3) Signs, including boundary marker signage; 4) Cellular communication tower; 5) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping; 2) Walls, berms, signage, and development excavation. III TRACT P PERMITTED USES: No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Native vegetation preserves; 2) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. Bent Creek Preserve P1- 2011 -1497 June 8, 2012 Page 2 of 13 030008.05.01 B. Accessory Uses; Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Passive recreational areas and boardwalks; 2. Viewing platforms; 3. Nature trails including boardwalks and pedestrian/bicycle bridges; 4. Drainage and water management structures, included but not limited to walls, berms. Placement of water management structures will not reduce the native preservation requirement. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 3 of 13 030008.05.01 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Bent Creek Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict (Tract "R "). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. MAXIMUM DENSITY: There shall be no more than 450 residential dwelling units permitted which provides for a maximum gross density of 3.25 dwelling units per acre. NATIVE VEGETATION PRESERVATION: The 138.4 acre PUD has 94.41 acres of native vegetation existing on -site. Therefore, a minimum of 25% of the existing native vegetation (23.60 acres) are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 4 of 13 030008.05.01 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY MULTI. CLUBHOUSE/ MINIMUM LOT AREA DETACHED ATTACHED & FAMILY RECREATION BUILDINGS SIDE S.P.S. TOWNHOUSE S.P.S. 1/2 BH PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F. SIDE S.P.S. UNIT S.P.S. 1/2 BH MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET* 25 FEET MIN SIDE YARD — SINGLE STORY 6 FEET 0 FEET or 6 FEET GREATER OF 10 GREATER OF 15 FEET OR MAX. BUILDING HEIGHT NOT TO EXCEED ACTUAL 40 FEET 40 FEET FEET OR 1/2 BH 1/2 BH MIN SIDE YARD — TWO -STORY 7.5 FEET GREATER OF 10 GREATER OF 10 GREATER OF 10 FEET OR 1/2 FEET OR 1/2 BH FEET OR 1/2 BH BH MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 1/2 BH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR 1/2 STRUCTURES — SINGLE STORY FEET OR 11-2 THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN 15 FEET GREATER OF 20 GREATER OF 20 GREATER OF 20 FEET OR 1/2 STRUCTURES - TWO -STORY FEET OR 1/2 FEET OR 1/2 THE THE SUM OF BH THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN ONE 13.5 FEET N/A N/A GREATER OF 20 FEET OR 1/2 STORY and MULTI -STORY THE SUM OF BH STRUCTURES MAX. BUILDING HEIGHT NOT TO 35 FEET 40 FEET 45 FEET 50 FEET EXCEED ZONED MAX. BUILDING HEIGHT NOT TO 45 FEET 45 FEET 60 FEET 60 FEET EXCEED (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) (DETACHED) 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 20 FEET 10 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 15 FEET OR 1/2 BH MAX. BUILDING HEIGHT NOT TO EXCEED ZONED 35 FEET 35 FEET 35 FEET 40 FEET MAX. BUILDING HEIGHT NOT TO EXCEED ACTUAL 40 FEET 40 FEET 40 FEET 40 FEET S.P.S. - Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. *: Residences with side loaded garages may have a minimum 15 foot front yard Bent Creek Preserve PL -2011 -1497 May 21, 2012 Page 5 of 13 030008.05.01 9A Notes: 1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units, within one building, when more than one residential unit is in a single structure (Le.: attached single - family and townhomes). 3) Terraced setbacks are permitted for either two or three story multi - family structures. Side yard setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure I below. 4) Firewall protrusions into required yards are permitted up to three (3') feet. 5) Entrance features (Le.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet, 6) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 7) No more than ten (10) attached dwelling units are permitted without a side yard setback between the building containing those units and the next building, PROPERTY 15' MIN LINE EXTERIOR BUILDING WALL SETBACK SIDE YARD r--- SETBACK O O Figure 1 Bent Creek Preserve PL- 2011 -1497 May 21, 2012 Page 6 of 13 030008.05.01 i20 q EXHIBIT C MASTER PLAN N -12 � Sr 1 1 A I- gg ro J( w' a 1 _S m RUNNN ei U [$� H a m<° L'iC ° S Z OOOG ti o FS O y ro o1�t -�� D W �C M rc I WOOpCRE9T ORME , rl �d` E I 71 I 11 I 11 I 1 �I u � If mi Ely w v BENT CREEK PRESERVE '" J n t RPUD WAssnoc�lm n s �"'il "Y► W'UV MAST ER PLAN Bent Creek Preserve PL 2011 -1497 May 21, 2012 Page 7 of 13 030008.05.01 a o y ro O o 0 0 1 y P � p + � W o mi Ely w v BENT CREEK PRESERVE '" J n t RPUD WAssnoc�lm n s �"'il "Y► W'UV MAST ER PLAN Bent Creek Preserve PL 2011 -1497 May 21, 2012 Page 7 of 13 030008.05.01 EXHIBIT D Legal Description LEGAL DESCRIPTION (AS PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY) COLLIER COUNTY PARCELS 1 THROUGH 10: PARCEL 1 (OUTDOOR RESORTS) THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; ALSO LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723 (PARCEL 103), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHEAST CORNER OF SAID WEST 1/2, THENCE NORTH 2° 19'4" WEST, ON THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 267.62 FEET; THENCE NORTH 89° 59'9" WEST, A DISTANCE OF 660.58 FEET TO A POINT ON THE WEST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 18'30" EAST, ON SAID WEST LINE A DISTANCE OF 267.79 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST 1/2; THENCE NORTH 890 59'58" EAST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING. PARCEL 3 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID WEST 1/2; THENCE NORTH 2° 1720" WEST, ON THE WEST LINE OF SAID WEST 1/2 A DISTANCE OF 362.58 FEET; THENCE NORTH 89° 59' 58" EAST, A DISTANCE OF 658.26 FEET; THENCE NORTH 20 17'55" WEST, PARALLEL TO THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 350.74 FEET; THENCE SOUTH 880 49'57" EAST, A DISTANCE OF 2.30 FEET TO A POINT ON THE EAST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 1755" EAST, ON SAID EAST LINE A DISTANCE OF 713.28 FEET TO THE SOUTHEAST CORNER OF SAID WEST 1/2; THENCE SOUTH 890 590 58" WEST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 FEET. PARCEL 4 (OUTDOOR RESORTS) THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID EAST 1/2; THENCE NORTH 2° 1755" WEST, ON THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF 713.28 FEET; THENCE SOUTH 88'49'57" EAST, A DISTANCE OF 661.18 FEET TO A POINT ON THE EAST LINE OF SAID EAST 1/2; THENCE SOUTH 2° 18'30" EAST, ON THE EAST LINE OF SAID EAST 1/2, A DISTANCE OF 699.79 FEET TO A POINT ON THE SOUTH LINE OF SAID Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 8 of 13 030008.05.01 1 � EAST 1/2; THENCE SOUTH 89° 59' 58" WEST, ON THE SOUTH LINE OF SAID EAST 1/2 A DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING. PARCEL 5 (OUTDOOR RESORTS) THE NORTH 80% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 6 (OUTDOOR RESORTS) THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF FOR ROAD RIGHT OF WAY; ALSO LESS AND EXCEPT THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 (KOLEQUE PARCEL ONE) THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 (KOLEQUE PARCEL TWO) THE SOUTH 20% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF FOR RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES, AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, RUN ALONG THE EASTERLY LINE OF SAID SECTION A BEARING OF SOUTH 020 21'08" EAST FOR 2675.77 FEET TO A FOUND 5/8 INCH IRON ROD, BEING THE EASTERLY 1/4 CORNER OF SAID SECTION AND A POINT OF BEGINNING; THENCE RUN SOUTH 890 58'26" WEST ALONG THE QUARTER SECTION LINE, 660.62 FEET TO A 4 INCH CONCRETE MONUMENT, SAID MONUMENT BEING THE COMMON CORNER OF THIS PARCEL AND THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT; THENCE RUN NORTH 020 20'40" WEST, A DISTANCE OF 267.60 FEET TO A SET 5/8 INCH IRON ROD WITH CAP; THENCE RUN NORTH 89° 58'42" EAST, A DISTANCE OF 660.58 FEET TO A 5/8 INCH IRON ROD THAT WAS FOUND AT THE INTERSECTING POINT ON THE EASTERLY SECTION LINE; THENCE RUN SOUTH 02° 21' 08" EAST ALONG THE EASTERLY LINE OF THE SECTION A DISTANCE OF 267.58 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 30 FEET RESERVED FOR A ROAD INGRESS /EGRESS RIGHT OF WAY AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 (CAPIELLO PARCEL) A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE NORTH 178.91 FEET. COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,' OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, SOUTH Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 9 of 13 030008.05.01 I 9 89° 58' 17" EAST, A DISTANCE OF 1320.35 FEET, TO THE NORTHWEST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE SAID WEST 1/2, SOUTH 020 18'21" EAST, A DISTANCE OF 179.06 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, SAID POINT BEING ON A LINE PERPENDICULAR TO THE SAID NORTH LINE AND SOUTHERLY 178.91 FEET; THENCE EASTERLY AND PARALLEL TO THE SAID NORTH LINE, SOUTH 890 58' 17" EAST, A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE SAID WEST 1/2; THENCE ALONG THE SAID EAST LINE SOUTH 020 19'00" EAST, A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SOUTH LINE OF THE SAID WEST 1/2, NORTH 890 59' 07" WEST, A DISTANCE OF 660.42 FEET TO THE SOUTHWEST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SAID WEST LINE NORTH 020 18'21" WEST, A DISTANCE OF 1159.10 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 10 (FERGUSON PARCEL) A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 100 FEET OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH /SOUTH QUARTER LINE OF SAID SECTION 26, SOUTH 02° 17' 02" EAST, 179.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID QUARTER LINE ALSO BEING THE EAST PROPERTY LINE OF THE BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2228, PAGE 1540 THROUGH 1544, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 020 IT 02" EAST, 1159.43 FEET TO THE SOUTH LINE OF THE SAID BOUNDARY AGREEMENT; THENCE ALONG SAID BOUNDARY AGREEMENT THE FOLLOWING TWO COURSES; 1) NORTH 89° 58'36" WEST, 528.56 FEET; 2) NORTH 02° 16' 14" WEST, 1180.43 FEET TO THE INTERSECTION WITH SOUTH BOUNDARY LINE OF PARCEL 102 AS DESCRIBED IN OFFICIAL RECORDS BOOK 3128, PAGE 2557; THENCE CONTINUE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 102 THE FOLLOWING THREE COURSES: 1) SOUTH 89° 58'39" EAST, 196.60 FEET; 2) SOUTH 00° 0P 21" WEST, 21.00 FEET; 3) SOUTH 89° 58'39" EAST, 332.54 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN. GROSS LAND AREA OF PARCELS 1 THROUGH 10, INCLUSIVE = 6,027,469.4 SQUARE FEET OR 138.4 ACRES MORE OR LESS. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 30 of 13 030008.05.01 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on Immokalee Road. The sign content area for "boundary markers" to be located in the Residential Tract R, or RA may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #3 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with Immokalee Road, an 18 -foot tall visual screen may be installed as a wall /berm combination. Where associated with Woodcrest Drive, a 12 foot tall visual screen may be installed as a wall /berm combination. (See illustration below) Deviation #4 seeks relief from Section 6.06.01(0) of the LDC for cul -de -sac and local streets, and LDC Appendix B, Typical Street Section, B -4 and B -5 which requires 60 feet of right -of -way to allow all platted project streets to have a minimum 50 -foot right -of -way. WOODCREST DRIVE BUFFER SECTIOf N.T.S. 9.5' WAIL (MAY VARY iN LOCATION AND HEIGHT) REAi? LU" �INE-�. I� DEVE.0PVENT 15 � WOODCREST DRIVE ......_ _ 70' k'„C)F " —WA r.... v S :1BAC;K 2.5' (MAY VARY) NOTE: (CR I_.LUS- R101VE PURPOSLS ON,.Y. FENCE /WAL.L, & RV CCU? 81NATICCN S.W'i:ALL NOT EXCEED ?_ i-EET N NEIG- f Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 11 of 13 030008.05.01 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the developer. B. Upon being warranted by the County, the developer shall provide a fair share contribution toward the installation and maintenance of a traffic signal at the intersection of Woodcrest Drive and Immokalee Road. C. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes shall be required for the project access point and compensating right -of -way shall be provided without cost to the County upon plat or site development plan approval. D. An interconnection to the agriculturally zoned plant nursery to the west of the project may be appropriate in the future should conditions allow. Therefore, a potential interconnection has been provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned undeveloped parcel at the northeast corner of the project is appropriate. If appropriate and future conditions allow by a cost - sharing agreement with the owner of the undeveloped parcel, the developer shall design and construct the shared access with the appropriate development order application. Any necessary easements will also be dedicated with the development order. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. A minimum of 23.60 acres of native vegetation are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. PLANNING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Centerline Homes Enterprises Three, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Bent Creek Preserve P1- 2011 -1497 June 8, 2012 Page 12 of 13 030008.05.01 F� B. Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy (CO) for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at the terminus of the entrance road, and interior to the development. C. Related to Deviation #1, as a part of the application material for every building permit for a model home, the developer shall provide documentation stating how many model homes are in existence so that the maximum of fifteen model homes is not exceeded. PUBLIC UTILITIES A. The project shall connect to the Collier County Water Sewer District ( CCWSD) potable water system at a location determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. D. Should the Collier County Water -Sewer District determine that it does not have sufficient capacity to serve the project; the Developer shall either construct interim potable water, wastewater treatment and /or non - potable water facilities, or shall postpone development until such time as the Collier County Water -Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and /or non - potable water facilities are provided onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. E. All customers shall be customers of the Collier County Water Sewer District. Bent Creek Preserve PL- 2011 -1497 June 8, 2012 Page 13 of 13 030008.05.01 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 -26 which was adopted by the Board of County Commissioners on the 26th day of June, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of June, 2012. ,gA DWIGHT E. BROCK Clerk of Courts and Clerk.. Ex- officio to Board County Commissioners Teresa Cannon, Deputy Clerk 4�k I�SN H m cn Q 'C 3 m CL O t Y L .v 47 C. L R 3 an Q. H C1 C Iri (U 0) (U J ce W J U Z DC � a� �W W V 1 �U Q Q W ° J Z a LU u f W J H H� W D z W Q 0 61, V) In W D ° Q ,,,l f W a z H an LL. m p 00 Q m W Qw� W z W ur D V) C) WO' L �QO Nam 0 ^Oz G7 rjQ W (!) o Q H Ln J H '1- O C) O Z w 0 U m om (� Z Q Ova >- z� m "0¢ �W W m W l Q�o Q Q c� ce ry H J nj CO W oom Z Q LU V Q O z z C7 r °aLU CL O} W ( j C ? ce z C OU O O a� m V) w � CL g 02 cn V 0 U ° ce W C7 w ~ Q W = m U U CO >- M J LA Z = o W 0 W 0 o a w o Q ce ° ° Q Q m Z W W � H V ~ o >- ° w W O LL ~ W w o W z J W J m u � W W LU c 1- Z O o W ce O Eli W J W W J Q a f O U W a J a 9 A '�