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Backup Documents 06/26/2012 Item #17A17A �R�1 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, PUDZ- PL20110001.51.9: Naples View RPUD Petitioner: W. Stephen Hagenbuck.le, Managing Member for Naples View LLC; 1314 Cape Coral Parkway, Suite 320; Cape Coral, FL 33904 Name & Address of any person(s) to be notified by Clerk's Office: Alexis Crespo, AICP; Waldrop Engineering, P.A.; 281.00 Bonita Grande Drive, Suite 305; Bonita Springs, FL 34135 Ilearing before: X BCC. BLA Other Requested Hearing date: Tuesday, June 26, 2012. Based on advertisement appearing 20 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- ]38326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Reviewed by: DivisioOdministrittor or Designee Date List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS 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 tile: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile. FOR CLERK'S OFF .E IJ F. ONLY: Date Received: 2 Date of Public Hearing: '-C Date Advertised: G� 17A , I ORDINANCE NO. 12- 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION 01, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A., representing Naples View LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. 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 01, Township 49 South, Range 25 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Naples View RPUD, to allow construction of a maximum of 66 residential dwelling units in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 5/07/12 1 of 2 .17A 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. ATTEST DWIGHT E. BROCK, CLERK C , Deputy Clerk Approved as to form and legal sufficiency: y., Heidi Ashton -Cicko Section Chief, Land Use /Transportation BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IM FRED W. COYLE, Chairman Attachments: Exhibit A — List of Permitted Uses Exhibit B — Development Standards Exhibit C - Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — Development Commitments CP\ 11- CPS -01121 \51 Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 5/07/12 2 of 2 EXHIBIT A LIST OF PERMITTED USES NAPLES VIEW RPUD PERMITTED USES: 17A i '' 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 and Structures: "111" Residential Tracts 1. Single- family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units 4. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. "112" Residential Tracts 1. Single family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units 4. Townhouse dwelling units 5. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Entry Gates & Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). C. Development Density A maximum of 66 dwelling units shall be constructed within the RPUD per the Transportation Concurrency Management Area (TCMA) bonus density provisions set forth in Exhibit F, Section 5. The gross project area is 11.3 ± acres and the residential density maximum shall be 5.84 units per acre. Naples View RPUD — PUDZ- PL2011 -1514 Page 1 of 7 Last Revised: May 3, 2012 17A EXHIBIT B DEVELOPMENT STANDARDS NAPLES VIEW RPUD Development of the Naples View RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final 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 shall apply. Table I below sets forth the development standards for land uses within the Naples View RPUD. 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. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS(') PERMITTED USES AND Single Family Zero Lot Two Townhome Recreation STANDARDS Detached Line Family, Duplex Min. Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A Min. Lot Width 50' 40' 35' 16' N/A SETBACKS Front 3 15' 15' 15' 15' 20' Side 5' 51/0' 51/0' 51/0' 20' Rear (Principal) 15' 10' 10' 10' 10' Rear (Accessory) 0' 0' 0' 0' 0' Water body 20' 20' 20' 20' 20' Airport Pulling Rd. 25' 25' 25' 25' 25' Min. Distance Between 10' 10' /01(s) 10'/0'(51 10'/0'(5; Sum of % BH Principal Structures Max. Building Height Zoned 35' 35' 35' 35' 35' Actual 40' 40' 40' 40' 40' No. of Stories 2 2 2 2 2 (1) Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 SF. (2) Minimum lot width may be reduced by 259 for cul -de -sac lots provided the minimum lot area requirement is maintained. (3) The minimum 15' front yard setback may be reduced to 10' where the residence has a recessed, side entry, or rear entry garage. In no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of the garage door for front entry garages. (4) For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway /vehicular access to the residence shall provide 10' setback. (5) Distance between buildings may be reduced at garages to a minimum of 0' where attached garages are provided, and a 10' minimum, if detached. Naples View RPUD— PUDZ- PL2011 -1519 Page 2 of 7 Last Revised: May 3, 2012 Ax"Rar.V ia601-0,►IGViwmam " oi-wil . a� 1 vA P. 14 N m Z m Z m y H p v ,2127711 I REVOM PE" COUNTY COAMOM 08V01712 RE1118ED PER COUNTYOOMMENTS OWfil,2 REVISED PER COUNTY CQWENTB OG70 2 I REVISED PEROOUNTYCOMMENTS To m A If K R M X X 1 vA P. 14 N m Z m Z m y H p v Naples View RPUD — PUDZ- PL2011 -1519 Last Revised: May 3, 2012 i �Co M.. R.O.W. X 4 O,..--- ----------- ..----- 17A � � �o Q �2 c �a ,2127711 I REVOM PE" COUNTY COAMOM 08V01712 RE1118ED PER COUNTYOOMMENTS OWfil,2 REVISED PER COUNTY CQWENTB OG70 2 I REVISED PEROOUNTYCOMMENTS Naples View RPUD — PUDZ- PL2011 -1519 Last Revised: May 3, 2012 i �Co M.. R.O.W. X 4 O,..--- ----------- ..----- 17A � � �o Q �2 c �a 1, T R OR SCALE: N.T.S. NAPLES VIEW ilenls�Nl�atinls CLIENT. NAPLES VIEW, LLC. FM MASM Fl" Page 3 of 7 f To 1, T R OR SCALE: N.T.S. NAPLES VIEW ilenls�Nl�atinls CLIENT. NAPLES VIEW, LLC. FM MASM Fl" Page 3 of 7 17 A 1 f, EXHIBIT D LEGAL DESCRIPTION NAPLES VIEW RPUD NORTH % OF THE NORTH Yz OF THE SOUTHWEST % OF THE SOUTHWEST X OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE WEST 100 FEET THEREOF FOR STATE RIGHT - OF -WAY. Naples View RPUD — PUDZ- PL2011 -1519 Page 4 of 7 Last Revised: May 3, 2012 17A EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC NAPLES VIEW RPUD Deviation 1: Deviation from LDC Section 4.06.02.0 which requires a 15 -foot wide Type "B" buffer where proposed residential uses abut existing commercial uses, to allow for a 10 -foot wide Type "B" buffer where the property abuts the commercial use to the north. Deviation No. 2: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. Deviation No. 3: Deviation from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul -de -sac and local street rights -of -way, to allow for a minimum 45 -foot right -of -way internal to the proposed development. Deviation 4: Deviation from LDC Section 6.06.01.1 which prohibits dead -end streets, to allow the dead end street shown on the RPUD Master Plan. Deviation 5: Deviation from LDC Section 5.03.02.C.2, which permits a maximum wall height of six (6) feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along the property lines. Naples View RPUD — PUDZ- PL2011 -1519 Page 5 of 7 Last Revised: May 3, 2012 EXHIBIT F DEVELOPMENT COMMITMENTS NAPLES VIEW RPUD 1. PURPOSE 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 Managing Entity is Naples View, 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. 2. UTILITIES 2.1 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. 2.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 2.3 The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. 2.4 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 on -site or off -site, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. 2.5 All customers shall be customers of the CCWSD. 3. TRANSPORTATION A. The project shall maintain a minimum of 100' throat distance between the Airport Pulling right -of -way and the face of the entrance gates. The developer shall pay a proportionate fair share for improvements to the Orange Blossom Drive and Airport Pulling Road intersection. The proportionate fair share of the project's impacts to the intersection shall be Naples View RPUD — PUDZ- PL2011 -1519 Page 6 of 7 Last Revised: May 3, 2012 determined at the time of construction plan approval based upon the project's trips as percentage of capacity improvements for the turning /through movements utilized by this site. Payment shall be made to Collier County within 90 days of the County's request. 4. ENVIRONMENTAL No preservation area is required as all existing, on -site vegetation is exotic, 5. PLANNING The RPUD shall be developed with up to 66 units per Transportation Concurrency Management Area (TCMA) bonus density, as defined in Policy 6.3 of the Future Land Use Element of the Growth Management Plan. The developer shall provide the two (2) Transportation Demand Management (TDM) criteria as follows: 1. Provide vehicular access to the future mixed use subdistrict to the north as shown on the PUD Master Plan, in the form of a non - exclusive access easement to the adjacent property owner /developer to the North, conveyed prior to issuance of the first building permit. 2. Provide pedestrian and bicycle facilities within the project and a bicycle /pedestrian interconnection to the future mixed use subdistrict to the north shown on the PUD Master Plan. Naples View RPUD — PUDZ- PL2011 -1519 Page 7 of 7 Last Revised: May 3, 2012 I? A "' Acct. #068779 May 23, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ- PL20110001519; Naples View RPUD Dear Legals: Please advertise the above referenced notice 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 17A 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 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION O1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- 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. 17A V!4 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: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts May 23, 2012 CLERK OF THE l COLLIER COUNTY 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA Naples View, LLC W. Stephen Hagenbuckle 1314 Cape Coral Parkway Suite 320 Cape Coral, FL 33904 17A ,Allier CVIT COURT UR *OUSE Clerk of Courts IL E�T 144 Accountant 4101 -3044 Auditor 41 Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ- PL20110001519: Naples View 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 I U-MA, Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com �4 Dwight E. Brock Clerk of Courts ntv. of '-Cdllier CLERK OF THE C�RC�IT COURT COLLIER COUNTYJCOUR OUSE 3301 TAMIAMI AIL EST Clerk of Courts P.O. BOX 43044 Accountant NAPLES, FLORIDkJ4101 -3044 Auditor Custodian of County Funds 17A May 23, 2012 Waldrop Engineering, P.A. Alexis Crespo, AICP 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL 34135 Re: Notice of Public Hearing to consider Petition PUDZ- PL20110001519: Naples View 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.collierelerk.com Email: collierclerkCcollierclerk.com Martha S. Vergara 7A From: Martha S. Vergara Sent: Wednesday, May 23, 2012 4:16 PM To: Naples Daily News Legals Subject: PUDZ- PL20110001519 Naples View RPUD Attachments: PUDZ- PL20110001519 (Naples View RPUD 6- 26- 12).doc; PUDZ- PL20110001519 (Naples View 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(kcollierclerk.com 1 Martha S. Veraara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, May 23, 2012 4:35 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS651jpg Martha, 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 1950930 Total Ad Cost $285.18 1 17A z rs z 0 u 0 0 z Erne cm olu 4 r w NC.Eq rE v O= k6o ? -§ N . � 6 - c E M-C: >:t"6 E Lu Pom 00:5 Sro m 'a 0 Cu, -z mv 0 -Z CL CL F- c tu :.Iq 0 mm 0 0 0 z 17A tA lu z 0 ot o 'o 0 0 to u I -4t S Q m to -- i t V msoc wo w2 X d, 0, zu: e- t 'o 0- F JM2 04, lawl a E-9 yo E-Ctt 8m 4-4 :1 t: g, .9 tv. owl roaa�c, on -0 c U0 — W N4 Ex C CIL,P w 0� m . 0 M 19 � COL m ri,t o ZE —0 0 C & 0 —M FL >, ov Pm c v ME Ln di 0 xv di 7RE o , col 0' c ) a, to v, '-S r -.0 M5 c 0 o c 0 >,- Z-0 E 2, Alu CL 4A ov C CLs g—,gv 4f 0A 0 q� 0 MENC 4 42 o 6c5> c u a-m Z3 < O-Z w t-. rl.,o a 17A tA lu z 0 ot o 'o 0 0 to u I -4t S Q m to -- i t V 17A t � Martha S. Veraara From: Martha S. Vergara Sent: Wednesday, May 23, 2012 4:43 PM To: Reischl, Fred; Neet, Virginia; Rodriguez, Wanda; Ashton, Heidi; Deselem, Kay; Bellows, Ray; Lorenz, William Subject: PUDZ- 20110001419 - Naples View RPUD Attachments: UAS651 jpg Hello All, Please review the attached ad and let me know ASAP if is ok to run this ad. 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.vergaragcollierclerk.com 1 17 I, is Martha S. Vergara 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 # 1950930 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 Comm ;ssioners 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 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION 01, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 + /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: Martha Vergara, Deputy Clerk (SEAL) June 6, 2012 No. 1950930 17 A `+ Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 4500096189 59690934 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Barbara Boyer, says that she serves a the Sales Coordinator, of the Naples Daily New; daily newspaper published at Naples, in Collie: County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of advertisingi published in said newspaper on dates listed. Affiant further says that the said Naples Da News is a newspaper published at Naples, in sa 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 yea 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 publication in the said newspaper. PUBLISHED ON: 06/06 CR STAL JONES COMMISSION # 00 8BW a�q MY COMM 2013 IRES'. June 27, a Ed P Notary Public Undely+liters AD SPACE: 96 LINE '''T� Jif� `°�'; Bonded ThN FILED ON: 06/06/12 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 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION 01, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- 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 partici to 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 -6360. Assisted Listening Devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Juno F 2012 No 1950930 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Signature of Affiant,- � Sworn to and Subscribed before me is� day o 20L, Personally known by me ti ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE h.+u6..1h" h,md 11, W!" ,,, .,u. E' ". . ! 1 rq, 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 aline 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 (Initial) Applicable) 2. June 26, 2012 Agenda Item Number I TA 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 2le (�- 6. Minutes and Records Clerk of Court's Office �, r PRIMARY CONTACT INFORMATION Sem (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 June 26, 2012 Agenda Item Number I TA 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 Zp( - 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, 419 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 kD 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 49 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 Afl 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. 49 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 �D 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 17q , 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 -22 Attached for your records is a copy of the Ordinance referenced above (Item #17A) adopted by the Board of County Commissioners June 26, 2012. If you have any questions, please call me at 252 -8411. Thank you. Attachment i�a 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 ORDINANCE NO. 12- 2 2 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION 01, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 17A WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A., representing Naples View LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. 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 01, Township 49 South, Range 25 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Naples View RPUD, to allow construction of a maximum of 66 residential dwelling units in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 5/07/12 1 of 2 174. 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 o242 day of_, 2012. AT 'S'f DIGIdIT BIO,,CLERK Att.+r �ax��N Approved as to form and legal sufficiency: c. ei kAhlon-Cicko Section Chief, Land Use /Transportation BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. FRED W. COYLE, Chairman Attachments: Exhibit A — List of Permitted Uses Exhibit B — Development Standards Exhibit C - Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — Development Commitments CP\ 11- CPS -01121 \51 Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 5/07/12 2 of 2 EXHIBIT A 7 A LIST OF PERMITTED USES NAPLES VIEW RPUD 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 and Structures: "111" Residential Tracts 1. Single- family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units 4. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. "112" Residential Tracts 1. Single family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units 4. Townhouse dwelling units 5. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Entry Gates & Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). C. Development Density A maximum of 66 dwelling units shall be constructed within the RPUD per the Transportation Concurrency Management Area (TCMA) bonus density provisions set forth in Exhibit F, Section 5. The gross project area is 11.3 ± acres and the residential density maximum shall be 5.84 units per acre. Naples View RPUD — PUDZ- PL2011 -1519 Page 1 of 7 Last Revised: May 3, 2012 EXHIBIT B ♦ A DEVELOPMENT STANDARDS NAPLES VIEW RPUD Development of the Naples View RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final 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 shall apply. Table I below sets forth the development standards for land uses within the Naples View RPUD. 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. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS(') PERMITTED USES AND Single Family Zero Lot Two Townhome Recreation STANDARDS Detached Line Family, Duplex Min. Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A Min. Lot Width 50' 40' 35' 16' N/A SETBACKS Front a 15' 15' 15' 15' 20' Side 5' 5'/0' S'/0' 51/0' 20' Rear (Principal) 15' 10' 10' 10' 10' Rear (Accessory) 0' 0' 0' 0' 0' Water body 20' 20' 20' 20' 20' Airport Pulling Rd. 25' 25' 25' 25' 25' Min. Distance Between 10' 10' /0'Isl 101/0, (5) 10,/0'(" Sum of Y. BH Principal Structures Max. Building Height Zoned 35' 35' 35' 35' 35' Actual 40' 40' 40' 40' 40' No. of Stories 2 2 2 2 2 (1) Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 5F. (2) Minimum lot width may be reduced by 25% for cul -de -sac lots provided the minimum lot area requirement is maintained. (3) The minimum 15' front yard setback may be reduced to 10' where the residence has a recessed, side entry, or rear entry garage. In no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of the garage door for front entry garages. (4) For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway /vehicular access to the residence shall provide 10' setback. (5) Distance between buildings may be reduced at garages to a minimum of 0' where attached garages are provided, and a 10' minimum, if detached. Naples View RPUD — PUDZ- PL2011 -1519 Page 2 of 7 Last Revised: May 3, 2012 J,1 W01 N*p1m YWWA4AoC0kDaW1 -01 MC?V'rnMT263010101-0a IAA nO �i d °x r z O0O m r c —u� � 2. m ��vD rn m° �m� 'W Ofn G) gpm0 �pprt Vi0 12 m zmv' 023112 Om�m �� � ��D ��n��OZj Z7T7n7J ZR Y r Aim to 5m r 2 Ug °P m m a mz z O Om° Dm a a: i! m �a t [• � w O oW U, n O rtm� v' m C N z z m m N b� D f.' MM 6 b Fn z c� c 0- m T < z v m m j m rZ me �y(n0 =i0 . 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MM 6 b Fn � CD m -c c 0- m T < m m j m H A I 1-mi I aF Apn PFR nn INTYmmurNTA I Naples View RPUD - PUDZ- PL2011 -1519 Last Revised: May 3, 2012 8 Z p c m � � c O c ice.. °Nm q z m -°S Cr O z_ m rA O n D m z a m 0 g °•I N 17A . ... m a3 O �7 o qIR_ PORT PUILlNC3 ROAD _ mm uC? z M m X 15 ( 'yo ' c If o Lj m I yo mm �^ c (}j _� m In ch vri-Z I O i � � °M Z f� m m o m m M I_ Cv 33 J I m rCO R.O.W, m rn _ C W ?--- ------- --- i i om z I A i P Q I m 0 j Z I m m i m / 0111 2 REVSED PER COUNTY COMMENTS REVISED PER C.OUNTYCOMMENTS MI 023112 IRMEDPERoWNTYWIMENTS Naples View RPUD - PUDZ- PL2011 -1519 Last Revised: May 3, 2012 8 Z p c m � � c O c ice.. °Nm q z m -°S Cr O z_ m rA O n D m z a m 0 g °•I N 17A . ... m a3 O �7 o qIR_ PORT PUILlNC3 ROAD _ mm uC? z M m X 15 ( 'yo ' c If o Lj m I yo mm �^ c (}j _� m In ch vri-Z I O i � � °M Z f� m m o m m M I_ Cv 33 J I m rCO R.O.W, m rn _ C W ?--- ------- --- i i om z I A i P Q I m 0 j Z I m m i m / NAPLES VIEW CLIENT: NAPLES VIEW, LLC. PUD MASTER PLAN FACHIBIT "C" x 5 QC� E E, MI D �Zy ry�71 C m m RI p ma �z,J �a2 w m m 5 r as z NAPLES VIEW CLIENT: NAPLES VIEW, LLC. PUD MASTER PLAN FACHIBIT "C" Page 3 of 7 x 0 I 1 C m m RI p ma �z,J �a2 9z oNo oW m C r m z 0 m m � b� D f.' MM 6 b Fn � CD m -c c 0- m T < m m j m rZ me �y(n0 =i0 . O�Smp A C) —Z SCALE: N.T.S. Page 3 of 7 17A EXHIBIT D LEGAL DESCRIPTION NAPLES VIEW RPUD NORTH % OF THE NORTH % OF THE SOUTHWEST Y4 OF THE SOUTHWEST Y4 OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE WEST 100 FEET THEREOF FOR STATE RIGHT - OF -WAY. Naples View RPUD — PUDZ- PL2011 -1519 Page 4 of 7 Last Revised: May 3, 2012 17A EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC NAPLES VIEW RPUD Deviation 1: Deviation from LDC Section 4.06.02.0 which requires a 15 -foot wide Type "B" buffer where proposed residential uses abut existing commercial uses, to allow for a 10 -foot wide Type "B" buffer where the property abuts the commercial use to the north. Deviation No. 2: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. Deviation No. 3: Deviation from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul -de -sac and local street rights -of -way, to allow for a minimum 45 -foot right -of -way internal to the proposed development. Deviation 4: Deviation from LDC Section 6.06.01.1 which prohibits dead -end streets, to allow the dead end street shown on the RPUD Master Plan. Deviation 5: Deviation from LDC Section 5.03.02.C.2, which permits a maximum wall height of six (6) feet in residential zoning districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along the property lines. Naples View RPUD — PUDZ- PL2011 -1519 Page 5 of 7 Last Revised: May 3, 2012 EXHIBIT F DEVELOPMENT COMMITMENTS NAPLES VIEW RPUD 1. PURPOSE 17 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 Managing Entity is Naples View, 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. 2. UTILITIES 2.1 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. 2.2 The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 2.3 The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. 2.4 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 on -site or off -site, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. 2.5 All customers shall be customers of the CCWSD. 3. TRANSPORTATION A. The project shall maintain a minimum of 100' throat distance between the Airport Pulling right -of -way and the face of the entrance gates. B. The developer shall pay a proportionate fair share for improvements to the Orange Blossom Drive and Airport Pulling Road intersection. The proportionate fair share of the project's impacts to the intersection shall be Naples View RPUD — PUDZ- PL2011 -1519 Page 6 of 7 Last Revised: May 3, 2012 17A determined at the time of construction plan approval based upon the project's trips as percentage of capacity improvements for the turning /through movements utilized by this site. Payment shall be made to Collier County within 90 days of the County's request. 4. ENVIRONMENTAL No preservation area is required as all existing, on -site vegetation is exotic. S. PLANNING The RPUD shall be developed with up to 66 units per Transportation Concurrency Management Area (TCMA) bonus density, as defined in Policy 6.3 of the Future Land Use Element of the Growth Management Plan. The developer shall provide the two (2) Transportation Demand Management (TDM) criteria as follows: 1. Provide vehicular access to the future mixed use subdistrict to the north as shown on the PUD Master Plan, in the form of a non - exclusive access easement to the adjacent property owner /developer to the North, conveyed prior to issuance of the first building permit. 2. Provide pedestrian and bicycle facilities within the project and a bicycle /pedestrian interconnection to the future mixed use subdistrict to the north shown on the PUD Master Plan. Naples View RPUD — PUDZ- PL2011 -1519 Page 7 of 7 Last Revised: May 3, 2012 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 -22 17 A `9 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 27th day of June, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Boar'cj,= 6��� "�f� County Commissioners,'.. B Teresa Cannon,'', Deputy Clerk