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Backup Documents 11/13/2012 Item #17A17Aw H,, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, October 17, 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 /Plan ine & Zonine Person: Kay Deselem, Principal Planner Date: October 15, 2012 Petition No. PUDZ- A- PI,201.20000303: Mirasol RPUD Petitioner: IM Collier Joint Venture; 6080 Cypress Hollow Way; Naples, FL 34109r Name & Address of any person(s) to be notified by Clerk's Office: Alexis Crespo, A1CP; 28100 Bonita Grande Dr Ste 305; Bonita Springs, FL 4135; 46chard Yovanovich, Esquire; Coleman, Yovanovich Koester; 4011 Tamiami Trail N Ste 300; Naples, FL 34103 and" Neweo, LLC; 501 North Cattleman Road, Suite 100; Sarasota, Florida 34232 Hearing before: X BCC BZA Other Requested Hearing date: Tuesday, November 13, 201.2. 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- b491.00- 00000; Purchase Order Number: 45001.40024; Account Number: 068779 Reviewed by: Divisio dmaniwVatm or Designee List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS Date - For hearings before BCC or 87A: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY; )) / Date Received: ti 911 Da te of Public Hearing: l b b t• — Date Advertised: ! Z� f2 Updated per Laura Wells w12012 fiscal year PO number 2415 -12 17A � � ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 95 +/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638.6 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,.FLORIDA, that: SECTION ONE: ZONING CLASSIFICATION The zoning classification of approximately 95 acres of the herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District to the Mirasol Residential Planned Unit Development (RPUD) Zoning District and when combined with the existing Mirasol RPUD provides for a 1,638.6+/- acre project in accordance with the revised Exhibits A -F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as Mirasol RPUD 1 PUDZ- A- PL2012 -303 Page 1 of 2 Rev. 9/26/12 17AV " described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK LIN Approved as to form and legal sufficiency: , Deputy Clerk Heidi Ashton -Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit 132 - Flag Lot Scenario Exhibit C - Location Map Exhibit C2 - Master Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Developer Commitments CP112- CPS - 01158148 I: Mirasol RPUD 1 PUDZ- A- PL2012 -303 Page 2 of 2 Rev. 9/26/12 FRED W. COYLE, Chairman 1t4 EXHIBIT A FOR MIRASOL RPUD PERMITTED USES: A maximum of 7-99 1,121 residential units and a maximum of 36 18 golf course holes may be developed within the RPUD. I. Residential /Golf Tracts (RG): A. Principal Uses: 1. Single - family detached dwelling units. 2. Zero lot line dwelling units. 3. Single family anaahed aad4Townhouse dwellings. 4. Two - family and duplex dwellings. 5. Multiple- family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. B. Accessory Uses /Structures: 1. Uses and structures customarily associated with principal uses permitted 2. Guest houses. 3. Common area recreation facilities for residential uses residents and th it ug ests. 4 Glubhouse t eenter-9 r residea4al-uws-. 4. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4. 5. Model homes, model home sales centers, weleofne een and sales trailers, including offices for rgject administration construction sales and marketing, as well as resale and rental of units. 6. Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards for residents and their ug ests. PUDZ- A- PL20120000303 Strike- through test is deleted Page 1 of 19 Mirasol RPIJD Underline test is added Last Revised: September 25, 2012 17A � �+ -R. 7. Golf Club Complex as located on the Master Plan: i) Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis and recreation related sales for residents and their ug ests. ii) Restaurants, cocktail lounges, and similar uses for residents and their guests. iii) Pro - shops, golf club, tennis clubs, and health spas and equestrian ralub for residents and their guests. iv) Golf course practice areas and ranges Rolf cart barns, rest rooms, shelters snack bars and golf course maintenance yards and facilities. 4. 8. Shuffleboard courts, tennis courts, swimming pools, and other types of accessory facilities intended for outdoor recreation for residents and their ug ests. 14 9. Guardhouses, gatehouses, and access control structures. ++. 10. Essential services, pursuant to the LDC. f2. 11. Water management facilities and related structures. 13 12. Lakes including lakes with bulkheads or architectural or structural bank treatments. 14. 13. pFarks, recreational facilities, community centers for residents and their gAests. tf. 14. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses. 1fr. 15. Landscape features including, but not limited to, landscape buffer berms, fences and walls. 1-7�. 16. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. 11, Conservation/Preserve Tract: A. Principal Uses: PUDZ•A- PL20120000303 Strike - through text is deleted Page 2 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A+9t r+ Passive recreation uses limited to the following so long as clearing for such uses does not result in the reduction of Rpreserve acreage below the minimum requirement: i. Boardwalks ii. Environmental uses (wetland and conservation areas) iii.Pedestrian bridges . £ques4fiaa tff& -- iv Pervious nature trails except where American Disabilities Act requires otherwise. —4.v. Native Wildlife sanctuary -vii. vi. Inclement weather shelters, in preserve upland areas only unless constructed as part of a permitted boardwalk system. The shelters shall be a maximum of 150 square feet each. 2. Environmental research 3. Drainage and water management facilities subject to all required permits. 4. Any other use which is comparable in nature with the foregoing list or permitted principal uses, as determined by the Board of Zoning Appeals through the process outlined in the LDC. PUDZ- A- PL20120000303 Strike - through text is deleted Page 3 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 EXHIBIT B FOR MIRASOL RPUD DEVELOPMENT STANDARDS: 17A44 to, t? Table I below sets forth the development standards for land uses within the 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 site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL AREAS PERMITTED Single Zero Two Family y Multi- Clubhouse/ Recreation USES Family Lot and Duplex AMshed -arm Family Buildings AND Detached Line Townhouse* 12 Dwellingnj *6 STANDARDS 2 3 4 3 6 Principal Structures Minimum Lot 5,000 SF 4,000 SF 3,500 SF per 3- ,§W.000SF 9,000 SF n/a Area lot or unit *3 Minimum Lot 50' *7 40' *7 35' per lot 331 20'-t7 90' n/a Width *417 or unit *7 Front Yard 20' *2 *7 20' *2 *7 20' *2 *7 20' *2 Aq 20 *2 25' Setback Side Yard 742' 2 *7 0 or 10' 7.5' *7 *8 7.5'#4 *8 4-512 BH *5 5' Setback *2 * i l *7 Rear Yard 15' *7 15' *7 15' *7 15,17 15' 0' Setback *I Setback From 10' *7 10' *7 10' 10' 10' 20' Golf Course Setbacks from 25' 25' 25' 25' 25' 25' Preserves Maximum 35' 35' 35' 35' 50' (5 stories 50' (2 stories Zoned Height not to over parking not *10 exceed 50') to exceed 50') *9 Actual Height 45' 45' 45' 45' 65' 75' *10 Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 5F n/a Min. Per Unit (S.F.) Distance 10' lo' 10' 10' 2QL% S 15' or .5 BH Between of BH *5 whichever is Principal greater *6 Structures PUDZ- A- PI,20120000303 Strike- through text is deleted Page 4 of 19 Mirasol RPUD Underline text is added Last Revised; September 25, 2012 17A Front yards for all uses shall be measured as follows: if the parcel is served by a public road right -of -way; setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from, the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section, *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feel for a side entry garage. Multi - family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5- Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - no use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8. Zero foot (0') setback for internal units. PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline texvis added Last Revised: September 25, 2012 Page 5 of 19 Single Zero Two Family Single Multi- Clubhouse/ Family Lot and Duplex Family Family Recreation Accessory Detached Line Aftadied-ar Dwelling Buildings Structures Townhouse *6 Front Yard SPS *7 SIPS *7 SPS SIPS SPS SPS Setback *2 Side Yard 5' *7 0 or 10' 5' 5' 40! l BH 5' Setback *7 Rear Yard 40 5' *7 40 5' *7 4-0 5' 405, 101 405, Accessory Setback *1 Setback From 10' 10' 10' 10' 10' 10' Preserves Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Between Accessory Structures on the same lot Distance 0' or W S' 0' or 40'• 5' 0' or a-0'- 5' 0' or W 5' 0' or 4015' 0' or +� 5' Between Accessory and Principal Structures on same lot Maximum SPS SPS SPS SPS SPS lf SPS 35' Zoned Height *10 Actual Height SPS SPS SIPS SPS Sly 45' SPS 45' *10 Front yards for all uses shall be measured as follows: if the parcel is served by a public road right -of -way; setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from, the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section, *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feel for a side entry garage. Multi - family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5- Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - no use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8. Zero foot (0') setback for internal units. PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline texvis added Last Revised: September 25, 2012 Page 5 of 19 17A I f,;.! *9 Inclusive of under building parking *10 Buildings shall not exceed three stories within 1,250 feet of lmmokalee Road. *11 5' side yard setbacks shall apply to lots Equal to or lesser than 70' in width Lots greater than 70' in width will provide 6' side yard setbacks, *12 Maximum length of buildings shall not exceed 300 ]in= feet. BH = Building Height SPS = Same as Principal Structure Notwithstanding the foreeoina• none of the footnotes shall operate as a deviation from the Land Development Code unless they are listed as deviations on Exhibit E None of the footnotes operate as deviations from the Collier County Code of Laws and Ordinances. PUDZ- A- PL20120000303 Strike- through text is deleted Page 6 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 1 l � � T FAO COT E I RAC tOT I DEMOTES COT LINE NOTE: THIS EXHIBIT IS FOR ILLUSTRATIVE PNRPOSES TO SHDW NOW CERTAIN SEOMETRY OF A WEN TRACT MOULD FAC ATE TIE MPLEMIENTAROR OF A'FIAD COT` DESIGN LAYOUT, 0 50 100 200 SCALE IN FEET I.M. COLLIER JOINT VENTURE 111KAiNOLI C4 W,..r►. e. a.a. K.. u �cu «+n feN nrAawe N►,rt: 17A MEOW; FOOTPRINT FLAG COT l MIRASOL. PUPA M.f.11BARBER & FLAG LOT SCENARIO EXHIHIT 'B2' RUNDAGE INC. oA►w u acw � AeB PR0,7LL7 Mo,: 76$3 Engineers, Planners &Land Surveyors RENEriED Br. ROW ACED r0.[ MAW: 88 ;4C Gear C-1, POD T -6w 7.81c -0s0m R -j n., 8113 n 10 L:1 Inv fllflsK:7l1 DALE: D) CMAIMMC ri 4 J h Lu Ci PUDZ- A- PL20120000303 Strike- through text is deleted Page 7 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 7A �41, $16 $HEFT # s FOR CONTINUATION FOR FLAN MENO AND ° • We _ o L SNi ° r R/A R/O J to R/O nIND)� R/8 a N R/g IF ONO 4 (RESERVE Kul NOW L „� L R/6 NgiITAOE R/8 ! R/g (PUP) L Mum �' FRIYATE anNE R/O ROAD rm r E.O.E. 100' FROFOaED E.R. m EK1. O ` R.4001, oEoIDAEUNI L jV TI ` WAKMKAM FAMUTY TREE FROM (FOO) YgVATE anNE .. ROAD .'•'••. FOS mu OIDi m •• •m •• ''•' FmRE OY►1 m ; R/9 1Ntfle�ONNEt7 twol �' w s L .mu.ERrr ENGINEERING OOOIIOARY own���ur N m I�e1t9>rlllRawusw� IROFERIY • • BOUNDARY • rMrl rrl�L RiNY � a m •• = wwrs+rnr e�a►aww w x1 Ir ••, • © FUrORE npwlPn�7r>• a m n w • I. RDrERCDMNEiT MIRASOL M m Ir „; L R/8 U.UD.ABIENDMEQJT FOIURE m L�R CONCEPTUAL " • J, MASTER PLAN 19190IME ROAD (O.R. My 6m � ti SHEET 1 OF 3 N T LLE. a10RA0E (M•1 M2 NAM R- 2760OB06024WO UMAM; 2012 25 PUDZ- A- PL20120000303 Strike- through text is deleted Page 8 of 19 MirasoI RPUD Underline text is added Last Revised: September 25, 2012 11 S w r. N main iI mi 0"M "Awuc : PAXWNN • •: •: 1fup1 yQ YAW f a TEPAflNR jRFp) . .L 3EE MET # i FOR CONTINUATION NOTE: FOR /LAN temp no pmt" mm see Wer ! OF 0 17A [ilk] MPENTY am mw IA► fmw 1� tM NIRff/i1 R IArI a�RS�r� dwrv+R fiv�►Rriwrwi�•r�Rit �R/NARRRM77� "OFAFATI 11tANWNi RpRA[i7NYR70AD70R�o'J��111 NGRASOL &F.U.Q. Af02roblOrr CONCEPTUAL MASTER PLAN EXHIBIT "C2" SHEET 2 OF 3 WFl7.ENAI� 3760p ft,1wg ANT n: ]Dl2-09 Z5 PUDZ•A•PL20120000303 Strike- through text is deleted Page 9 of 19 Miraso! RPUD Underline text is added Last Revised: September 25, 2012 t. I L CONCEPTUAL LAKE LOCATIONS * R/G RESIDENTIAL / GOLF PRESERVE RIGHT -OF -WAY + LAND USE AREAS ARE CONCEMAL AND SUBJECT TO RELOCATION, IN ACCORDANCE WITH THE LDC. SPECIAL NOTES: 0 WHERE APPLICABLE ALONG PROJECT BOUNDARY AND UNLESS OTHERWISE NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS. IF AFTER EXOTIC REMOVAL THE PRESERVE VEQETATION FAILS TO MEET MINIMUM CODE BUFFER STANDARDS ADDITIONAL PLANT MATERIAL SHALL BE REQUIRED. PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline text is added Last Revised: September 25, 2012 7A �v�r urrna. »,a wa urrceric�s R81�K7TTf ASI►�Oii7W BWGOM [Pp­�p�iA�ll\al NURASOL ".UD. AMUMMWT CONCEPTUAL MASTER PLAN err ^CZ^ SHEET 3 OF 3 UmATM: 2012-09 -23 Page 10 of 19 NATIVE HABITAT SUMMARY: EXISTINQ NATIVE HAB {TAT = 895.6 Aa t REQUIRED NATIVE HABITAT = $37.4 Aa t PROVIDED NATIVE HABITAT (ON SITE) = s37.4 U ± ACREAGE SUMMARY: SECTION 22 - 425.8 A& t SECTION IS = 634.6 As. t SECTION 10 — $78.2 As. ± TOTAL — 1,638.6 U t TOTAL AREA OUTSIDE DEVELOPMENT BOUNDARY = M.8 A& t TOTAL AREA WITHIN DEVELOPMENT BOUNDARY = 709.8 A4L g s �I �N PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline text is added Last Revised: September 25, 2012 7A �v�r urrna. »,a wa urrceric�s R81�K7TTf ASI►�Oii7W BWGOM [Pp­�p�iA�ll\al NURASOL ".UD. AMUMMWT CONCEPTUAL MASTER PLAN err ^CZ^ SHEET 3 OF 3 UmATM: 2012-09 -23 Page 10 of 19 17A EXHIBIT D FOR MIRASOL RPUD LEGAL DESCRIPTION ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPTING THE FOLLOWING FOUR (4) PARCELS: 1) THE SOUTH V, OF THE NORTHEAST' /, OF THE NORTHWEST' /4, 2) THE SOUTH 1/2 OF THE SOUTHEAST %. OF THE SOUTHEAST'/., 3) THE NORTHEAST' /4 OF THE SOUTHEAST 1A OF THE SOUTHEAST'' /4, 4) THE EAST HALF OF THE NORTHWEST '/4 OF THE SOUTHEAST' /4 OF THE SOUTHEAST -A 022 ALL OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEAST %4 OF THE NORTHWEST `/4, AND THE EAST ]/, OF THE NORTHWEST' /4 OF THE NORTHWEST' /., THE WEST ' /z OF THE SOUTHEAST'/4 OF THE NORTHWEST THE EAST'' /2 OF THE NORTHWEST'A OF THE SOUTHEAST %, THE EAST/2 OF THE SOUTHEAST' /. OF THE NORTHWEST 1/4, THE NORTHWEST `/. OF THE NORTHEAST 1/4; AND THE WEST' /2 OF THE NORTHEAST' /4 OF THE NORTHEAST ' /., THE EAST!/20F THE NORTHEAST'/4 OF THE NORTHEAST 1/4, THE WEST'' /2 OF THE SOUTHWEST %4 OF THE NORTHEAST '/4, THE EAST %2 OF THE SOUTHWEST %4 OF THE NORTHEAST %4, THE EAST %2 OF THE NORTHEAST '% OF'THE SOUTHWEST V4, THE EAST %2 OF THE WEST V2 OF THE SOUTHEAST' /4 OF THE SOUTHWEST'/., THE WEST %2 OF THE EAST V2 OF THE SOUTHEAST'/.OF THE SOUTHWEST' /4, THE EAST/ 20F THE EAST' /2 OF THE SOUTHEAST' /4 OF THE SOUTHWEST' /4 THE NORTH V2 OF THE WEST %2 OF THE NORTHWEST' /4 OF THE SOUTHEAST 1/4, THE SOUTHWEST/ 40F THE NORTHWEST' /4 OF THE SOUTHEAST' /, THE WEST '/2 OF SOUTHWEST '/a OF THE SOUTHEAST '/4, THE WEST 3/4 OF THE EAST %2 OF THE SOUTHWEST %4 OF THE SOUTHEAST '/4, THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PUDZ- A- PL20120000303 strike - through text is deleted Mirasol RPUD Underline text is added Last Revised: September 25, 2012 ri , Page 11 of 19 17A THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, u7 THE EAST HALF OF THE EAST HALF OF THE NORTH '/z OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND EAST HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP' 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1638 ACRES, MORE OR LESS. PUDZ- A- PL20120000303 S,"'ike- through text is deleted Page 12 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A EXHIBIT E FOR MIRASOL RPUD DEVIATIONS Deviation #1 seeks relief from Appen-dice —$ of the LDC Section 6.06.01.0, eMitled ", which requires cul -de -sacs and local streets to have a minimum sixty (60') right - of -way width and two (2) ten foot (10') wide travel lanes, to allow a minimum right -of -way width of 40' for private local streets and €%, feet 50' for rip vate spine, roads. 2. Deviation #2 seeks relief from LDC Section 6.06.01.1 Street System Requirements, to allow cul -de -sacs in excess of 1,000' in length. For any cul -de -sac exceeding 4-,240 1,600 feet in length, the roadway must include at approximately 4;299 1,600 feet intervals design features which provide for the ability of emergency vehicles to turn around. Traffic roundabouts, eyebrows, hammerheads or similar design features shall be allowed. 3. Deviation #3 seeks relief from LDC Section 6.06.0l.Q. Street System Requirements, which requires that street name markers shall be approved by the County Manager or designee for private streets or in conformance with U.S.D.O.T.F.H.W.A. This requirement shall be waived. However, breakaway posts shall be used. 4. Deviation #4 seeks relief from LDC Section 6.06.01.R. Street Requirements, which requires that street pavement painting, striping and reflective edging of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. This requirement shall be waived for private roadways ' ulwit Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device standards. 5. Deviation #5 seeks relief from LDC Section 4.05.04.H, which requires 1 parking space per 200 square feet of office /lobby/pro shop /health club/ clubhouse /lounge /snack bar/dininWmeeting room associated with golf courses. The requested deviation is to allow for 3 parking spaces per 1,000 square feet of office /lobby/pro shop/health club /clubhouse /lounge /snack bar/dining/meeting room as§ociated with the proposed golf course. Parking spaces for golf course holes exterior recreation uses, and maintenance buildings will be provided per the LDC. 6. excavations within the PUD. The requested deviation is to allow the developer to clear up to 300 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place This is not a deviation from the Collier County Ordinance. 7. Deviation #7 seeks relief from LDC Section 5.03.02.C, which hermits a maximum wall height of 6' in residential zoning districts. The requested deviation is to allow a maximum wall height of 8' throughout the development. Where abutting an existing, or future public roadway, a 20' tall wall berm, or combination wall/berm is permitted. PUDZ- A- PL20120000303 Strike- through text is deleted Page 13 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A 8. Deviation #8 seeks relief from LDC Section 5.04.04.B.5, which permits a maximum of five (5) model homes, or a number corresponding to ten 0 0) percent of the total number of platted lots, whichever is less per platted approved development prior to final plat approval The requested deviation is to allow for a maximum of six (6) model homes per development tract. not to exceed forty (40) model homes within the overall RPUp. As 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 forty (40) model homes is not exceeded. 9. Deviation #9 seeks relief 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. t. The requested deviation is to allow a temporar y sign or banner= to a maximum of 32 square feet in area and maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar 10. Deviation #10 seeks relief from LDC Section 5.06.02.8.2, which permits one (1) real estate pole sign per street frontage that is setback a minimum of 10' from any property line. The requested deviation is to allow for a maximum of two (2) real estate pole signs per street frontage setback a minimum of 5' from the property line along lmmokalee Road only. 11. Deviation #11 seeks relief from LDC Section 5.06.02.13.5, which requires on- premise directional signs to be setback a minimum of 10' from internal property lines. The requeste W deviation is to allow for on- premise direction signage to bg setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. 12. Deviation #12 seeks relief from LDC Section 5.06.02.B.6, which permits two ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. per sign The requested deviation is to allow for two (2„) ground signs per project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign 13. Deviation #13 seeks relief from LDC Section 5.06.02.13.6, which 2ermits two (2) ground signs per entrance to the development. The requested deviation is to allow for one (1) ground sin at the property corners fronting on existing and proposed public roadways that provide access to the project in addition to two (2) around signs at each project entrance. The proposed ground si sat property corners, commonly referred to as "boundary markers ", will be permitted at a maximum height of 10' and sip area of 32 s.f. per sign. 14, Deviation #14 seeks relief from LDC Section 6.06.02.A,_ which requires sidewalks on both sides of roadways internal to the site. The requested deviation is to allow for an 8' wide sidewalk on one side of the private spine road as shown on the PUD master plan and 5' wide sidewalks on one side of all other private local roadways internal to the development that service residential units on one (1) side of the roadway, and/or terminate in a cul -de -sac up to a maximum length of 2,500 IS. PUDZ- A- PL20120000303 Strike- through text is deleted Page 14 of 19 Mirasol RPUD Underline lext is added Last Revised: September 25, 2012 17A 15. Deviation #15 seeks relief from LDC Section 10.02.04.0 which limits the develo en r to one (1) Site Development Plan submittal for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments The requested deviation is to allow for a maximum of three (3) Site Development Plan submittals or concurrent review with the final plat at such time as the applicant submits the response to the staff review comments PUDZ- A- PL20120000303 Strike- through text is deleted Page 15 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A EXHIBIT F FOR MIRASOL RPUD LIST OF DEVELOPER.COMMITMENTS Regulations for development of the Mirasol RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order in which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. RPUD MASTER PLAN Exhibit "C2 ", the RPUD Master Plan, illustrates the proposed development and is conceptual in nature,. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to Abe final and may be varied at any subsequent approval phase such as platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, RPUD amendments may be made from time to time. B. TRANSPORTATION 1, Upon the County's adoption of a CR -951 extension corridor alignment, and within 180 days of the County's request,: the DevelepeF Owner, its successors or assigns, shall dedicate to County fee' Simple'right -of -way for the roadway and drainage system at the agreed upon appraised value per acre, for those areas located outside the limits of the residential /Golf Course areas depicted as "R/G" on the PUD master plan. Upon recordation of the deed or other conveyance instrument in the public records of Collier County for the dedication of the right -of -way, the Developer shall become eligible for Transportation Impact fee credits in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the dedication. If the project is built out or has prepaid transportation Impact Fees to be assessed for the project, then the Developer or its successors or assigns shall be eligible to request cash reimbursement. The Developer shall not be responsible to obtain or modify any permits on behalf of the County related to the extension of CR -951. 2. The Developer shall construct a 10' multi -use pathway to be located along the Immokalee Road right -of -way on the North side of the Cocohatchee Canal as a part of the entrance construction. Completion of construction of the pathway shall be completed concurrently with the vehicular connection to the existing bridge over the Cocohatchee Canal. 3. ..�ee�f PUDZ- A- PL20120000303 Strike - through text is deleted Page 16 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A the tefms ef that agr-eemefit, the pfejeet is vested fer- 7.99 d%viling uaits for- the . As set forth by the Mirasol PUD Developers would be vested for transportation concurrence for 799 residential units. The Developer satisfied the financial commitment by funding improvements t4 the Immokalee Road - Collier Boulevard intersection, which were completed by March 31 2009 at a cost of $3,187,912.68 and the remaining_ balance of $41,645.32 was paid to the County. A letter confirming satisfaction of the financial obligations and project vesting was issued by Collier CouM on April 23, 2009. 4. The Developer, its successors, or assigns, agree that at the time of any subseqxem. Deyelepment Order- approval withi issuance of a building permit for the 400' residential dwelling unit aut gdZgd 6v this PUD, or Comm_ encement of construction of the intersection improvements, the Developer, or its successors or assigns, shall be responsible for their respective fair share of the North leg of the CR- 951 /Broken Back Road intersection with Immokalee Road, which includes modification, replacement, or relocation of the at -grade bridge crossing the Cocohatchee Canal. 5. The development shall be limited to a maximum of 781 Two Way, unadjusted PM Peak hour trips. required to install a stabilized road base and provide for dust abatement measures for the construction traffic. 7. At the time that Developer applies for a road right- way - permit for a permanent eastern entrance from Broken Back Road/Collier Boulevard as shown on the master plan, Developer shall construct at its cost the two northbound lanes of a future four lane road design of Broken Back Road/Collier Boulevard (CR -951) from the Quarry's north entrance_ .(alternatively, from its terminus that may be north of the Quarry's entrance as a result of road construction by other§ for their site specific access needs) to the Mirasol project's eastern entrance. The roadway shall be and Code of Laws and Ordinances at the time of issuance of the road right of way permit. The Developer will be required to construct only those site access improvements such as turn lanes alone Broken Back Road/Collier Boulevard (CR- 951) that are specific to the Mirasol project. In the event the County at time of issuance of the road right of way permit requests improvements to Broken Back Road /Collier Boulevard (CR -951) that exceed the collector standards of the LDC and Code of Laws and Ordinances, then Developer shall be eli ibg ie for impactfee credits for those ad'ditional'improvements. The County will accept the roadwayby Resolution for ownership' ar>di Maintenance one (1) year after acceptance of the construction of the roadway. 'The Developer shall not be required as part of this PUD to provide for offsite treatment and storage of stormwater for Broken Back Road/Collier Boulevard (CR -951) outside of the County's road right of way. The PUDZ- A- PL20120000303 Strike - through text is deleted Page 17 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A stormwater is planned to be conveyed to the Quarry for storage /treatment or to another off -site location as directed by Collier County. C. ENVIRONMENTAL fingineefs — (USAGOE) pe mini f e the Flefida Fish n 1 � Wildlif$ --GeaseFvation Cericmissien (FF` the r mated State Fish and Wildlife Serviee (USFWS) regarding impaets to pr-eteewd wildlife speeies will be vAth the guidelines set ;A40kifl- those pefmits. Habitat managemefit plafts shall be provided for- pr-eteeted listed 9peeies; 21. :Pe pfoper-ty vAll be required te pr-esef-ve 511.9 armes of native habitm. This M11 be The project shall retain a minimum of 537.4 acres of native vegetation on -site in compliance with the Growth Management Plan. Easements or ROW created for access to outparcels within the preserve or for future extension of the CR -951 corridor shall not cause the preserve to fall below the minimum native vegetation retention requirement. D. EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 rem mmmmffm� 1k ., . .. NO D. EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A #11- 02031 -P, as amended, prior to the residential development under an administratively issued "development" excavation permit as long as no more than 20,000 c.y. of material is removed off -site. As per Section 22 -106 of Code of Laws and Ordinances, a commercial excavation permit will be required for removing more than the approved 20,000 c.y. of material off -site. E. DUTPARCEL IN SECTION 10 A temporary access easement shall be granted by the Owner to the owner of parcel number of 00178760007, at a location specified by IM Collier Joint Venture it's successors and assigns. At such time that the northern portion of the Mirasol RPUD has access to a public road, the developer shall provide reasonable access from the parcel number 00178760007 across the Mirasol RPUD to the public road. Both the temporary and permanent easements shall be granted to the owner of this parcel, at no cost to the County or the owner of this ou arcel. F, UTILITIES 1. The developer shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. 2. The developer shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 3. The deveioRer shall connect to the CCWSD Irrigation tion Quality water system at a location CCWSD when capacity is available. G. PLANNING PUDZ- A- PL20120000303 Strike - through text is deleted Page 19 of 19 Mirasol RPUD Underline texiis added Last Revised: September 25, 2012 17A Acct. #068779 October 17, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ- A- PL20120000303; Mirasol RPUD Dear Legals: Please advertise the above referenced notice on Wednesday, October 24, 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. #4500140024 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, November 13, 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 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 95 +/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED'ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638.6 +/- 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 I to speak on any agenda item must register with the County administrator piibr 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 17A 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) mnfi--- f- Cc0llier 17 A CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY OUR MOUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL EST Accountant P.O. BOX 4 3044 ` Auditor NAPLES, FLORIDA' 4101 -3 44 I,. Custodian of County Funds October 17, 2012 IM Collier Joint Venture 6080 Cypress Hollow Way Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- A- PL20120000303 — Mirasol RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 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.colliercierk.com Email: collierclerk@collierclerk.com nt �of, CLERK OF THE C- Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA October 17, 2012 Waldrop Engineering, P.A. Attn: Alexis Crespo 28100 Bonita Grande Dr. Suite 305 Bonita Springs, FL 34135 �coj ier 17 A ZC�IT COURT OURt OUSE Clerk of Courts AIL E ST 5044 Accountant 4101 -3 a44 Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ- A- PL20120000303 — Mirasol RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 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: collierclerk@collierclerk.com X CLERK OF THE C Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA October 17, 2012 Coleman, Yovanovich & Koester Attn: Richard Yovanovich 4011 Tamiami Trail North Suite 300 Naples, FL 34103 '01lier ,, 7 A 'I IT COURT JR . 1VOU SE Clerk of Courts LE ST 4 Accountant 101 -3 44 Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ- A- PL20120000303 — Mirasol RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, C Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com � nt �ofec llier 7 A CLERK OF THE � RC IT COURT Dwi ht E. Brock COLLIER COUNTY OUR OUSE g 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA-14101-3 44 Auditor Custodian of County Funds October 17, 2012 TM Newco, LLC 501 North Cattleman Road Suite 100 Sarasota, FL 34232 Re: Notice of Public Hearing to consider Petition PUDZ- A- PL20120000303 — Mirasol RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 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 17A Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, October 17, 2012 2:31 PM To: Naples Daily News Legals Subject: PUDZ- A- PL20120000303 - Mirasol RPUD Attachments: PUDZ- A- PL20120000303 (11- 13- 12).doc; PUDZ- A- PL20120000303 (11- 13- 12).doc Legals, Please advertise the following attached ad Wednesday. October 24, 2012. Please forward an ok when received, if you have any questions feel free to call me. 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 e,collierclerk.com 1 E Martha S. Vergara 17A From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 17, 2012 4:16 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS3344 jpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 10/17/12 Publication NDN Account Number 744102 Ad Number 1965308 Total Ad Cost $290.34 1 i N?TICEJF`,INTRNTTC CONSIDER ORDINANCE 7 A Nfltice is h­ ­b iven thaton TUESDAY, Npvernber 13,20 2. In the Boardroom, ii 3t FIQ'or, Adirt rn ratdQrt FIt l I , Allier Ct unty, doveIr,n_ment Center, 3299 East Tamiarli ?rail, 1Vaples, Florida, thrc?artl cif Cotanty Cr�miimissianers mill consider the rtac went of Co,ur t}r 0 r d i n a nce. The rne.eYrng vuiiI cornrner�ce at �;Clb A,�11. The title ofthte prrapcised Ordinlonc-e I$ follovr -AN ORDINANCE OF THE BOARD OF' COUNTY CCti.MM:ISSIUNERS OF.COLLI R £AUNTY'r r-L AA, AM(NO NG CSR- bINAt+1 E N'tl t1B.ER ?€Iq9- 1;, THE NIIRAS L RFSIbENTIAL.PLANNED UNIT O.PMENT, T INCREA -sw'G THE PERMISSIBLE NUMBEROF D ELLIN± UNITS FROM 799 TO 11,21 BY AMENaIN.6 ORNNANCE NIJ'l� 0R 2010A— �I1,,THE GQLLi.ER O,UNTY LAND a.EVELOPMENT CODE BY AMENbiNd THE AAPPROPRIATE ZONING:ATLAS MAPI OR MAPS � CHANGiNG THE WNING +�l A5S[F[CATIQT+I QF AN ADDITIONAL 95 + -ACRES OF LAND ZONED RURAL AGRICULTURAL (A� TQ T,HE MIRAS, _RPUD: Q-Y REVISING, THE DE- EL. PIVI-EIVT STAN15A,RQ VIAMEN DIN G THE' DEVIATIONS AND, REVISING, DEVELOPER COI�'lI MIT i`UIENTS THE PRQPERTY IS LOCATi b GIN THE NORTH SIDE of I, IU�O ALEE KbAb (CA 6.4) B6RG'ERED, ON THE EAST tY BR(5 EN 'BACK °ROACl -AN;I� t ►`t�F E C 3LL1E1 'B fJLIrI AEit tC 9 'I 'IN CTIONS t6i 15 AW �.2,. Tc3V1lN Hlp 48 SOUTH, RANGE 26 EAST, COLLIER CCk' NTYr FLDRIC�A Ct3NSISTING O3 1;63$:6 44- ACRES` -r AN'D' RY PR ?t101,1+1 AID EFF'ECTIV -- i3AT -. C- 1es Gf the b06sed'Cirdinarx e of i ri file tnrith t Ck rk is the, c rd and are avarlable for fnspeckrr�rr_ All interested partie'.are irlvlteri'o attend and tie heard. N6tt: 'AI( persons wi�hinq to speak on any agenda item must register with the .Co unty��-adrninistrator prior to presentation of the agenda item 10- be.addressed.. lr drv�.civah peal ers , iil be limned te 3 minutes on;ally, item. The selection of 'an Indiiv,icival to sppeak,, on behaI an c�rgant atlon or group is encouraged. if 'recognized by thie Chairrrran; a spc- kesperson for -a group car orpnization mays be allotted 10 rriinUtes tQ.speak,on an.iterri. Persons Wishing to have wvritten or grap i-t materials Included in the Board agenda aatkets must submit sAW material a r6nirndhl of 3. �vee(s pi'idr to the respective ublic heari�rmg. Ir arty case, rrltten mat+eriA_,Oh-tenclOd to be bb'n.slclered key the ?ard shall be su`l r fitted to the alaprgprl to County staff . m nirnurr► of seven days P11 to fife publrt he rrrtg. All rr atet`i, l used in presentatio ns before the guard will brwcome a: permanent part of the re�erd, Anyeranhc dci.des tra appeal a .deciir.n ref the Board will need. a record of the proc.eediugs pertaininsg thereto and'therefore, may need, to ensure that a verbatim record of the proceedings is nfadle, :which recrard includes the testimony and` evidence upon which the appeal' is based, if you, are a person with a disability Who mice and+ accommodation in order to partIci ate in this 'prc+ceadi nqr you are entitled s at no, cost to. your `to the provision of�cer'taln�-a�sistalnce. Please contact thy- Itolller County > acrllties Management Departrrignt, located a•t 3335TaMi -4,ai Trail Fasts bu iding` t, Naples, lorirla 34"112, € 39)25243617: Asslst'ed ilstenigg` devices`f6ft,h'e hearing rrrnpaired e're aVailabI6 in' 'tile COUMty commissi1,6lers' GlfFice. BOARD OF C IJN"TY COMM SSIONERS COLLIER COUNTY, FLOWA RED COYLE-, CHAiWAN DINIGHT'E. BROtK, CLERK By.: Martha Vergara, Deputy Cierk No. 19653 R 17A ! Martha S. Vergara From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Thursday, October 18, 2012 9:09 AM To: Martha S. Vergara Cc: Ashton, Heidi; Bonham, Gail; Rodriguez, Wanda Subject: RE: PUDZ- A- PL20120000303 Mirasol RPUD Martha: Heidi is out of the office today. I check the ad against the ordinance and it looks ok. Dinny - - - -- Original Message---- - From: Martha S. Vergara fmailto: Martha .Vergara @collierclerk.coml Sent: Wednesday, October 17, 2012 4:19 PM To: DeselemKay; NeetVirginia; AshtonHeidi; RodriguezWanda Subject: PUDZ- A- PL20120000303 Mirasol RPUD Attached is the proof from NDN, please review and let me know of any changes. 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 @collierclerk.com Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara 17A ' I From: Martha S. Vergara Sent: Thursday, October 18, 2012 12:07 PM To: 'Green, Amy' Subject: RE: Ad Confirmation Amy, This ad looks good, please publish as requested. Thanks, Martha - - - -- Original Message---- - From: Green, Amy fmailto:AGreen @Naplesnews.coml Sent: Wednesday, October 17, 2012 4:16 PM To: Martha S. Vergara Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 10/17/12 Publication NDN Account Number 744102 Ad Number 1965308 Total Ad Cost $290.34 1 7A 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 NOTICE OFI�TENTTO CONSIDER ORDINANCE REFERENCE: 068779 4500140024 59701427 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee Before the undersigned authority, personall appeared Lynn Schneider, says that she serveE the Order Entry Data Specialist, of the Naple Daily News, a daily newspaper published at Nz in Collier County, Florida: distributed in Cc and Lee counties of Florida; that the attache copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples D, News is a newspaper published at Naples, in si Collier County, Florida, and that the said newspaper has heretofore been continuously day afd has been entered as second class mail Notice is hereby given that o TUESDAY, November 13, 2012, in the Boardroom, 3rd Floor, Administration Bui ing, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, he Board of County Commissioners will consider the enactment of a County Ordini lice. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance s as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDI JG ORDINANCE NUMBER 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF N ADDITIONAL 95 +/• ACRES OF LAND ZONED RU- RAL AGRICULTURAL (A) TO THE MIRASOL RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 22, _ TOWNSHIP 48 SOUTH, RANG E . 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638.6 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordin ince are on file with the Clerk to the Board and are available for inspection. All int4 rested parties are invited to attend and be heard. NOTE: All Persons wishing speak on any agenda item must register with the County administrator prior t presentation of the agenda item to be addressed. Individual speakers will be Ii ited to 3 minutes on any item. The selection of an individual to speak on behaif 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 pridr 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 z matter at the post office in Naples, in said proceedings pertaining there record of the proceedings Collier County, Florida, for a period of 1 yea evidence upon which the appi next preceding the first publication of the If you are a person with a attached copy of advertisement; and affiant partieran assistance. edio of certain ass stance. Pleas Department, located at 333` further says that he has neither paid nor (239)252 -8380. Assisted lister promised any person, firm or corporation any the County Commissioners' 01 discount, rebate, commission or refund for th( BOARD OF COUNTY COMMIS! purpose of securing this advertisement for COLLIER COUNTY, FLORIDA publication in the said newspaper. FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK PUBLISHED ON: 10/24 By: Martha Vergara, Deputy „ AD SPACE: 98 LINE FILED ON: 10/24/12 )eal a decision of the Board will need a record of the and therefore, may need to ensure that a verbatim made, which record includes the testimony and is based. inability who needs any accommodation in order to you are entitled, at no cost to you, to the provision contact the Collier County Facilities Management 'amiami Trail East, Building W, Naples, Florida 34112, iq devices for the hearing impaired are available in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- — a t — — — — _ _ _ — _A — F.. _ _ _ — 4- — 1 — _ _ _ _I— — — — — _ _ _ — — — — — — _ _ _ Signature of Affiant Sworn to and Subscribed ore me 1 L y of 20/1, Personally known by me t/ R ,;=IVED C"t CAROL PA O T 2 9 202 WLIMSKI MY COMMISSION # EE 45538 /� A EXPIRES: November 28, 2014 FINANCE Bonded Thu u Pic hard Insurance Agency 17A Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 24, 2012 4:14 PM To: Martha S. Vergara Cc: Calabrese, Robin; Damschroder, Eric Subject: RE: Words in Legals which are spaced out across a line Martha, We apologize for any inconvenience which this may have caused, and we are re- running the ads this Friday, and I will send you the proofs in just a moment. To ensure that this doesn't happen again, Eric is going to view the ads in a system which sets the ads, so he can view it, prior to publication. Thank You, Naples News Legals (239) 263 -4710 From: Martha S. Vergara [mai Ito: Martha. VergaraCaacolIierclerk.com] Sent: Wednesday, October 24, 2012 12:48 PM To: Green, Amy; Damschroder, Eric Cc: Calabrese, Robin Subject: RE: Words in Legals which are spaced out across a line Hello Amy, Eric & Robin, The County Attorney's office would like them to re -run at no charge, with the ads to look like the proofs that were sent. Please e-mail me with a response ASAP. Thanks, Martha From: Green, Amy [mailto:AGreen@Naplesnews.com] Sent: Wednesday, October 24, 2012 10:21 AM To: Damschroder, Eric Cc: Martha S. Vergara; Calabrese, Robin Subject: Words in Legals which are spaced out across a line Eric, I've attached the tearsheet and the three proofs for ads which ran in the Legals today. 1 Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 24, 2012 4:30 PM To: Martha S. Vergara Cc: Damschroder, Eric Subject: Ad Confirmation Attachments: UAS26FBjpg This is going to run on Friday, free of charge. Thank You, Naples News Legals Thank you for placing your ad. Date 10/24/12 Publication NDN Account Number 744102 Ad Number 1966060 Total Ad Cost $290.34 1 17A i NOTICE OF.INTE,NTTO CONSIDER ORDINANCE 17A N -6tice is hereby . 'ive n that bh TUESDAY, Navemt *r 13,,2012, I n the Boardroom,, 3rd F.la r, Adm,in�str�t,(Or B,�: "r.l' irrg, Coill:ier Cciunty G6Ve'rnment Center, 3M East Tamiaml Trail, Naples, 06rrda, the Board,afCc unty C©mmisslorjers will consider the et�actnr�er�t of a linty Cirdi- nattce. The `rn etiny will c4r rrrl:ert�e at :c 4 A. M. T- 1) title of the proposed Orchnarice is as fcil,lO A, AN'10k0IN'�►NCE OFTHE:.BPARD C7�F COU , TY C�QMMISSIONERS OF CO'LLI'ER CQ.UNTY, FLQRII3A, AMEN;C�.1N.G ORDINANCE N,:UMBER 2,009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELQ,PM'F_NT, RY INCREASING THE PERMISSIBLE NUMBER.0f DWELLING UNITS FROM. 799 TO 1 #121,.BY AMENDING ORDINANCE N'UNISEII 20.61-4�41,.'TtII_ C6tLLitR CDUNTtir LAND bFVELC PMENT bDE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLA,55tfICA -nor ,0F AN ADDITIONAL 95 +/-ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE M.IRA.SUL RPUQ BY REVi5lh1G TIDE QEVELt�I'MlEMT STANDARDS BY AtUt "LNDI10G,THE MASTER PLAN; RAND ADDIN 'G DEVIA.TioNs AND' REIVISI "N`G',DE1{ELOPER C0- iMf�IITMENTS THE-PROPERTY 1'5 I�� -ATED ON THE NORTH SIDE, CAF It ttlitG�I ALEE RC}AD (CR 8?I )'BQt�t7I:REt3 Uhl THE CAST BY 8ROXE�N BACK ROAD AND I UTUftE CCa`I�LIEIt B�UtE1lARt3,�cR 9�1� !N SECTIcrNS IQ. 15 AND 22,. TC31NNSiitp ±$ Sc3UTN, t3AMG Ei45T, CC1LU1 CCl1N 1 Yf FLRiA CONSISTING F 1,638:5 +1 ACRES, AND" Bl� l?R1/tC7lIVG All EFECTI'1 C►ATE. C6plespf the pr6p6sed Ordlnance are an file with the Clerkto the Board and are -available f_Qrinspecticm Alt interested parties are invited to Mend and be heard. NOTE, All parsons w 1shing td spear do any agenda Item must register,w 1th the Count a�m'tni,.strator prior, to presentjati.on Hof t =ha ?_gen�da uteri to be ,addressed. E,ndivicluai,speakers vwill'be`limited to 3 mir.tutes.onany item. Theselection of an ladiv�i�d:ual to sp� ,4 o.n.be= ha-If " "otzin, �aorga,m ali-o' i or group is "encoauraged. if recognized by. the 4 hI airman; 6 spokesperson for a" group or organization may`ve allotted 10 6inuteS' W'speak vn an It+`rri. ,Persons vvlshi'rty tv here vvritterti or,geaphic materl.als Ingfu led 'in -the Board agenda pae( ets must-submit saicj material a ri6ihimuhi Qf 3 weeks prier to the resp IctWe public h6- arhn,j. fn� any rase, wtrriften m terials lnte,ndecl to be ennsidered by the parcl shall b "e subtnfft -te'dt the api raprl�te tlrit staff -, minirnurn o seven dai s prior to the pp. is "hearing. All rnateri.al usgt in presentatrrans before the Board writ ba cQ_ me a,perm_amnt part -of tho record., Any person Who decides to appeal a,.d�cisfl_�h:,of`the Board will need a record of the proceedin.- gs.pertai�rng therefo andrtherefbre may need, to ensure that,.a,uerbaLirn record oaf the proceedings is made, which record melu es the te.stirnony and cvldence upon which the appeal is based. [f you are a person'uaith a: disability tiui1 needs:ara.y accommodation in order to part' -ipate i0thrs"prdceeding, yc+u:are ntttle:d, at nc► cost to yr��i,"ta the provision (a certain a�M5 -ance.`'[ease cirri t tk allle'r Cc ur�tjr Facilities Management" t gpartrriet�t, lr sated t 35Tarhiamr Trail East, Building Itti, Maples, Fleridt" 34112,, {� j S =R $Q A�s(sted I steriirrg deui "fc�r'the hearing impaired are available ie in the Coon V Camrnisslr�ner5, �Ffite. E3QARD1 OF COUNTY COIVI IISSIO E{ S C0W5R COUNTY, PL Ribs k FREt CUYLE, CHAIRMAN DWIGHT'S. 6A6C'K 'CLtkK By; (1Martha Vergara, Deputy Clerk m NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Lynn Schneider, who on oath says that she serves as Order Entry Data Specialist of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on October 26th , 2012 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, November 13, 2012, in the Boardroom, 3rd Floor, Admin- istration Building, Collier County Qovemment 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 thle of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR- IDA, AMENDING ORDINANCE NUMBER 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVEL- OPMENT CODE BY AMENDING TINE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANG- ING THE ZONING CLASSIFICATION OF AN ADDITIONAL 95 +/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN;;iAND ADDING DEVIATIONS AND REVISING DEVELOPER COM- MITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638. +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance pre on file with the Clerk to the Board and are available for inspec- tion. All interested parties are invit4d to attend and be heard. NOTE; All persons wishing to spk on any agenda item must register with the County administra- tor prior to presentation of the ag da 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 of graphic materials included in the Board agenda packets must submit said material a minimum of $ weeks prior to the respective public hearing. In any case, written materials intended to be consider by the Board shall be submitted to the appropriate County staff a minimum of s0ven days prior to a public hearing. All material used in presentations before the Board will become a permanent pa of the record. Any person who decides to appeal decision of the Board will need a record of the proceedings per- taining thereto and therefore, may noed,fo ensure that a verbatim record of the proceedings is made, which record includes the testimon and evidence upon which the appeal is based. If you are a person with a disabilitj who needs any accommodation in order to participate in this Proceeding, you are entitled, at no [lost to you, to the provision of certain assistance. Please contact the Collier County Facilities Manag ment Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)25 -8380. Assisted listening devices for the hearing Impaired are available in the County Commission m' Office. . BOARD OF COUNTY COMMISSIO ERS - COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk - SEAL) Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund foF the purpose of securing this advertisement for public tion in t:; �newspape ( Si ature of affiant) SwqV to and s bs rib d before me Th'l9th day o cto er, 2 2 ; (Signature of notary public) SIP r♦ .o: •.yam., CAROL PAWLINSKI := MY COMMISSION # EE 45538 EXPIRES: November 28, 2014 pF °p' Bonded Th u Pichard Insurance Agency RECEIVED NOV 0 5 2012 FINANCE ORIGINAL DOCUMENTS CHECKLIST & RO TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEP THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The c documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the docu exception of the Chairman's signature, draw a line through routine lines # 1 through 44- comnlete the checklist and forward G SLIP 17A TO GNATURE ipleted routing slip and original rut is already complete with the Sue Filcnn (line #Sl Route to Addressee(s) (List in routing order) Office Initials 52 -2931 Date 1. Judy Puig GMD Planning & Regulation/Operations ( Agenda Date Item was 11/13/2012 2. 17.A Approved by the BCC 3. Type of Document Ordinance Number of Original 4. Attached 1 Documents Attached 5 Kristi Bartlett, Executive Aide to the BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office It (tfo rCZ PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the persc n 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 52 -2931 Contact a ro riate. ( Agenda Date Item was November 13, 2012 Agenda Item Number 17.A Approved by the BCC Type of Document Ordinance Number of Original Attached 1 Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2 .05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is es N/A (Not a ro riate. ( nitial) 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, 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 N/A 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 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 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip D should be provided to the BCC office within 24 hours of BCC approval. 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 on 11/13/2012 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. im I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2 .05 17A MEMORANDUM Date November 28, 2012 To: Kay Deselem, Principal Planner Zoning and Land Development From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012- 41/Mirasol RPUD Attached for your records is a copy of the Ordinance referenced above (Item #17A) adopted by the Board of County Commissioners on Tuesday, November 13, 2012. If you have any questions, please call me at 252 -8411. Thank you. Attachment E� MEMORANDUM Date: November 28, 2012 To: Virginia Neet, Paralegal Assistant County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinances 2012 -41 and 2012 -42 Attached for your records is a copy as referenced above, adopted by the Board of County Commissioners on Tuesday, November 13, 2012. If you have any questions, please call me at 252 -8411. Thank you. Attachments (4) 17q MEMORANDUM Date: November 28, 2012 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinances 2012 -41 and 2012 -42 Attached for your records is a copy of the document referenced above, adopted by Collier County's Board of County Commissioners on November 13, 2012. If you have any questions, please call me at 252 -8411. Thank you. Attachment 17A ORDINANCE NO. 12- 41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 95 +/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638.6 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ZONING CLASSIFICATION The zoning classification of approximately 95 acres of the herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District to the Mirasol Residential Planned Unit Development (RPUD) Zoning District and when combined with the existing Mirasol RPUD provides for a 1,638.6 + /- acre project in accordance with the revised Exhibits A -F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as Mirasol RPUD \ PUDZ- A- PL2012 -303 Page 1 of 2 Rev. 9/26/12 17A described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 13L" day of NU.re,,g6t_,', 2012. TTE DWI fIT E. 13I .,K1 a Br �uX,y Clerk Approved as to form and legal sufficiency: LL, A A .. -- rA 06 Aeidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit B2 - Flag Lot Scenario Exhibit C - Location Map Exhibit C2 - Master Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Developer Commitments CP \12- CPS -01 158\48 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. FRED W. COYLE, Chi ma Mirasol RPUD \ PUDZ- A- PL2012 -303 Page 2 of 2 Rev. 9/26/12 EXHIBIT A FOR MIRASOL RPUD PERMITTED USES: 17A A maximum of 7-93 1,121 residential units and a maximum of 36 18 golf course holes may be developed within the RPUD. I. Residential /Golf Tracts (RG): A. Principal Uses: 1. Single - family detached dwelling units. 2. Zero lot line dwelling units. 3 Single family at4ae' °a ^ „' +Townhouse dwellings. 4. Two - family and duplex dwellings. 5. Multiple- family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG” district. B. Accessory Uses /Structures: 1. Uses and structures customarily associated with principal uses permitted 2. Guest houses. 3. Common area recreation facilities for residential u residents and their ug ests. -5-. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. -6. 5. Model homes, model home sales centers, weleeme °enters and sales trailers, including offices for project administration, construction, sales and marketing, as well as resale and rental of units. 6. Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards for residents and their ug ests. PUDZ- A- PL20120000303 Strike- through text is deleted Page 1 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A -8 7. Golf Club Complex as located on the Master Plan: i) Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis and recreation related sales for residents and their ug ests. ii) Restaurants, cocktail lounges, and similar uses intended to sefve elub members and club guests for residents and their ug ests. iii) Pro - shops, golf club, tennis clubs, and health spas and equestfia- elubs for residents and their guests. iv) Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards and facilities. -9. 8. Shuffleboard courts, tennis courts, swimming pools, and other types of accessory facilities intended for outdoor recreation for residents and their guests. 14. 9. Guardhouses, gatehouses, and access control structures. ii. 10. Essential services, pursuant to the LDC. +i. 11. Water management facilities and related structures. 1-3: 12. Lakes including lakes with bulkheads or architectural or structural bank treatments. 14. 13. pParks, recreational facilities, community centers for residents and their ug ests. l-s. 14. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses. i-G. 15. Landscape features including, but not limited to, landscape buffer berms, fences and walls. FT. 16. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. Il. Conservation/Preserve Tract: A. Principal Uses: PUDZ- A- PL20120000303 Strike - through text is deleted Page 2 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A 1. Passive recreation uses limited to the following so long as clearing for such uses does not result in the reduction of Ppreserve acreage below the minimum requirement: i. Boardwalks ii. Environmental uses (wetland and conservation areas) iii.Pedestrian bridges — iv Pervious nature trails except where American Disabilities Act requires otherwise. v. Native Wildlife sanctuary -i. vi. Inclement weather shelters, in preserve upland areas only unless constructed as part of a permitted boardwalk system. The shelters shall be a maximum of 150 square feet each. 2. Environmental research 3. Drainage and water management facilities subject to all required permits. 4. Any other use which is comparable in nature with the foregoing list or permitted principal uses, as determined by the Board of Zoning Appeals through the process outlined in the LDC. PUDZ- A- PL20120000303 Strike - through text is deleted Page 3 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 EXHIBIT B FOR MIRASOL RPUD DEVELOPMENT STANDARDS: 17A Table I below sets forth the development standards for land uses within the 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 site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL AREAS PUDZ- A- PL20120000303 Strike- through text is deleted Page 4 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Clubhouse/ PERMITTED Single Zero Two Family Family Multi- Recreation USES Family Lot and Duplex �� Attached ,,,, ted Family Buildings AND Detached Line Townhouse* Dwelling* 12 STANDARDS 2 4 6 Principal Structures Minimum Lot 5,000 SF 4,000 SF 3,500 SF per 3-,5002,000SF 9,000 SF n/a Area lot or unit *3 Minimum Lot 50' *7 40' *7 35' per lot -35' 20' 7 90' n/a Width *417 or unit *7 Front Yard 20' *2 *7 20' *2 *7 20' *2 *7 20' *217 20 *2 25' Setback Side Yard 7,52 5' *7 0 or 10' 7.5' *7 *8 7.5'-t7 *8 4 -51/2 BH *5 5' Setback *2 *11 *7 Rear Yard 15' *7 15' *7 15' *7 15'±q 15' 0' Setback *I Setback From 10' *7 10' *7 10' 10' 10' 20' Golf Course Setbacks from 25' 25' 25' 25' 25' 25' Preserves Maximum 35' 35' 35' 35' 50' (5 stories 50' (2 stories Zoned Height not to over parking not *10 exceed 50') to exceed 50') *9 Actual Height 45' 45' 45' 45' 65' 75' *10 Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 SF n/a Min. Per Unit (S.F.) Distance 10' 10' 10' 10' 20-'-'/2 SUM 15' or .5 BH Between of BH *5 whichever is Principal greater *6 Structures PUDZ- A- PL20120000303 Strike- through text is deleted Page 4 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 1JN Front yards for all uses shall be measured as follows: If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5 - Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8 - Zero foot (0') setback for internal units. PUDZ- A- PL20120000303 Strike - through text is deleted Page 5 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Single Zero Two Family Single Multi- Clubhouse/ Family Lot and Duplex FawAly Family Recreation Accessory Detached Line Attaehed-and Dwelling Buildings Structures Townhouse *6 Front Yard SPS *7 SPS *7 SPS SPS SPS SPS Setback *2 Side Yard 5' *7 0 or 10' 5' 5' W 1/2 BH 5' Setback *7 Rear Yard 40 5' *7 4-0 5' *7 40 5' -1-0 5' 10' 40 5' Accessory Setback *1 Setback From 10' 10' 10' 10' 10' 10' Preserves Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Between Accessory Structures on the same lot Distance 0' or W 5' 0' or 48' 5' 0' or 48- 5' 0' or 4-W 5' 0' or 4W 5' 0' or 40' 5' Between Accessory and Principal Structures on same lot Maximum SPS SPS SPS SPS SPS 35 SP,S 35' Zoned Height *10 Actual Height SPS SPS SPS SPS SPS 45' SS 45' *10 Front yards for all uses shall be measured as follows: If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5 - Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8 - Zero foot (0') setback for internal units. PUDZ- A- PL20120000303 Strike - through text is deleted Page 5 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A *9 Inclusive of under building parking *10 Buildings shall not exceed three stories within 1,250 feet of Immokalee Road. *11 5' side yard setbacks shall apply to lots equal to or lesser than 70' in width Lots greater than 70' in width will provide 6' side yard setbacks. *12 Maximum length of buildings shall not exceed 300 linear feet. BH = Building Height SPS = Same as Principal Structure Notwithstanding the fore oin • none of the footnotes shall operate as a deviation from the Land Development Code unless they are listed as deviations on Exhibit E None of the footnotes operate as deviations from the Collier County Code of Laws and Ordinances. PUDZ- A- PL20120000303 Strike- through text is deleted Page 6 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 NOTE. THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES TO SHOW NOW CERTAIN GEOMETRY OF A GIVEN TRACT WOULD fACILITATE THE IMPLEMENTATION OF A "FLAB LOT' DESIGN LAYOUT, 0 50 100 200 SCALE IN FEET :PARED FOR I.M. COLLIER JOINT VENTURE �. .I GatiRcaR o(AurMe.vi "en Nei. (1 )� �..d D SGG1 SHE AGNOLI nalonwi. RBER & �•aaa•� inomumr'JDRUNDAGE, INC. Professional Engiums, PIanners Sc Land Surveyors QJG+C .t,. 7400Ta 6b4Tn N. -Narl FL -3t lq FF.:(21"3f1 -]111 F.(„77)3L42S01 FOOTPRINT MIRASOL PUDA DRAhING NA�1E: FLAG LOT SCENARI EXHIBIT 'B2' DRAWN BY: ROP ASS PROJECT No.. 7883 REVIEWED BY. ROP ACAD FILE NAME, 9814EXI DATE: OJ /nA rw 17a 4 fi 0 W ti O z 0 5 W C �I PUDZ- A- PL20120000303 Strike - through text is deleted Page 7 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17 a SEE SHEET # 2 FOR CONTINUATION L FOR PLAN LEGEND AND O R/G L SPE IAL NOTES SEE O SHE ET t OF 3 II s R/G W RIG J L v U) L RIG TERAFIN L A (PUD) R/G a RIG SFWND ' L PRESERVE CONCEPTUAL L CLUB HOUSE COMPLEX L RIG LOCATION HERITAEE BAY RIG R/G (POD) L 15 t 22 2 L ENTRY SIGNAGE L v L (TMP ") PRIVATE SPINE RIG RonD ME'D' LB.E. RIG o PROPOSED C.R. 951 EXT. O L DEDICATION B' LB.E. L MAINTENANCE FACILITY TREE FARM (PUD) ' PRIVATE SPINE N ROAD L POSSIBLE FUTURE OLDS 3a INTERCONNECT CYPRESS R/G (POD) 3, . L IS' TYPE ja 33 '° MIRASOL L PROPERTY g ENGINEERING 1. 31 ph E%QWEMNB l L C' MIRASOL ., BOUNDARY Y i 9O oEVS�nr�FHr m�aiTasTx PROPERTY snoseor,uenwocwnc- anceos BOUNDARY `� e�.n "BP1tlNB41i186 3 u L W EYYLTTT.F 89� POSSIBLE i n 14 27 �s ••,.T FUTURE & ncmncu+,naure aP •u°vwms INTERCONNECT m as MIRASOL L L RIG RP.U.D. AMENDMENT FUTURE w 41 " ACTIVITY m ai a CENTER o CONCEPTUAL h b w as a, o 2A22 L MASTER PLAN EXHIBIT 7 N ° lJ IMMOKALEE ROAD (C.iL 846) TYPE ENTRY 2, 2+ SHEET 1 OF 3 D' LB. E. SIONAOE (TYP.) FLLE NAME: 27600EO602.dwg UPDATT?D: 2012 -09-25 rn PUDZ- A- PL20120000303 Strike - through text is deleted Page 8 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 F, g� s a Q .'COWER COUYTY' VACANT OUT PARCEL OWNER: FLAN U( LLC PARIQANDS (PUD) (A) VACANT 9 10 1Q S TERAFINA (PUD) SEE SHEET # 1 FOR CONTINUATION NOTE: FOR PLAN LEGEND AND SPECIAL NOTES SEE SHEET 3 OF 3 [a PROPERTY BOUNDARY (A) VACANT 17 a L1111-11 111 I'l ] J ENGINEERING Cal ENeoff AUM 9ENHD Ww mVSU 26109WMTA99W926 W -=M9" 904W'U T fit 40& a22►asrr77 F.2W0626N E2N114 Y9N0010raN�0� MIRASOL R.P.U.D. AMENDNffM CONCEPTUAL MASTER PLAN EXHIBIT "C2" SHEET 2 OF 3 FILE NAME: 27600B0602.dwg UPDATED: 2012-09 -25 PUDZ- A- PL20120000303 Strike- through text is deleted Page 9 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A CONCEPTUAL LAKE LOCATIONS * R/G RESIDENTIAL / GOLF 0 PRESERVE RIGHT -OF -WAY * LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION, IN ACCORDANCE WITH THE LDC. SPECIAL NOTES: 1) WHERE APPLICABLE ALONG PROJECT BOUNDARY AND UNLESS OTHERWISE NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS. IF AFTER EXOTIC REMOVAL THE PRESERVE VEGETATION FAILS TO MEET MINIMUM CODE BUFFER STANDARDS ADDITIONAL PLANT MATERIAL SHALL BE REQUIRED. NATIVE HABITAT SUMMARY: EXISTING NATIVE HABITAT = 895.6 As. ± REQUIRED NATIVE HABITAT = 537.4 As. :t PROVIDED NATIVE HABITAT (ON SITE) = 537.4 As. -_* ACREAGE SUMMARY: S SECTION 22 = 425.8 At. ± N SECTION 15 = 634.6 As. i- SECTION 10 = 578.2 At. ± TOTAL = 1,638.6 As. -.t TOTAL AREA OUTSIDE DEVELOPMENT BOUNDARY = 928.8 At. -_* t ( r 8 TOTAL AREA WITHIN DEVELOPMENT BOUNDARY = 709.8 As. ± ENGINEERING d rnt EM1ON¢mwa • 1A ND w—"PY "_6ViMm 29100WNITAG9 Kowls -9L SW HOw1A 9WtlN98. R $1186 3 EIWL YfMwnilre0 80�� � P1481M CediLGie QP AwaOxv.An'a+wb>s MIRASOL g R.P.U.D. AMENDMEN" r w b m CONCEPTUAL o MASTER PLAN EXHMIT "C2" " SHEET 3 OF 3 r N_ RLE NAME: 27600E0602.dwg iJPDA :2012 -09_25 PUDZ- A- PL20120000303 Strike- through text is deleted Page 10 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 EXHIBIT D FOR MIRASOL RPUD LEGAL DESCRIPTION ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPTING THE FOLLOWING FOUR (4) PARCELS: 1) THE SOUTH '/2 OF THE NORTHEAST '/4 OF THE NORTHWEST 2) THE SOUTH' /2 OF THE SOUTHEAST' /4 OF THE SOUTHEAST '/,, 3) THE NORTHEAST '/, OF THE SOUTHEAST '/, OF THE SOUTHEAST 1/4, 4) THE EAST HALF OF THE NORTHWEST' /4 OF THE SOUTHEAST' /4 OF THE SOUTHEAST 1/, F." OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEAST '/40F THE NORTHWEST '/4, AND THE EAST '/2 OF THE NORTHWEST '/4 OF THE NORTHWEST ' /4, THE WEST V2 OF THE SOUTHEAST/ 40F THE NORTHWEST 1/4, THE EAST/20F THE NORTHWEST '/4 OF THE SOUTHEAST '/4, THE EAST/20F THE SOUTHEAST/40F THE NORTHWEST '/4, THE NORTHWEST/40F THE NORTHEAST '/4; AND THE WEST '/2 OF THE NORTHEAST '/4 OF THE NORTHEAST 1/4, THE EAST '/2 OF THE NORTHEAST '/4 OF THE NORTHEAST '/4, THE WEST/ 20F THE SOUTHWEST/ 40F THE NORTHEAST 1/4, THE EAST'' /2 OF THE SOUTHWEST/ 40F THE NORTHEAST 1/4, THE EAST '/2 OF THE NORTHEAST/40F THE SOUTHWEST '/4, THE EAST' /2 OF THE WEST' /2 OF THE SOUTHEAST' /4 OF THE SOUTHWEST 1/4, THE WEST '/2 OF THE EAST '/2 OF THE SOUTHEAST/40F THE SOUTHWEST '/4, THE EAST/ 20F THE EAST'' /2 OF THE SOUTHEAST/ 40F THE SOUTHWEST 1/4 THE NORTH' /2 OF THE WEST' /2 OF THE NORTHWEST' /4 OF THE SOUTHEAST 1/4, THE SOUTHWEST/ 40F THE NORTHWEST/ 40F THE SOUTHEAST ' /4, THE WEST'' /2 OF SOUTHWEST/ 40F THE SOUTHEAST 1/4, THE WEST 3/4 OF THE EAST'' /2 OF THE SOUTHWEST' /4 OF THE SOUTHEAST 1/4, THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PUDZ- A- PL20120000303 Strike- through text is deleted Page I 1 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE EAST HALF OF THE EAST HALF OF THE NORTH '/2 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND EAST HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1638 ACRES, MORE OR LESS. PUDZ- A- PL20120000303 Strike- through text is deleted Page 12 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A EXHIBIT E FOR MIRASOL RPUD DEVIATIONS 1. Deviation #1 seeks relief from Appendix B ef the LDC Section 6.06.01.0, entitled "Typieal Street Seetiefis and Right efway Design Standards", which requires cul -de -sacs and local streets to have a minimum sixty (60') right - of -way width and two (2) ten foot (10') wide travel lanes, to allow a minimum right -of -way width of 40' for private local streets and fifty feet 50' for rip vate spine, ^^"°^+ ^r and in+°r^eniiee *g roads. 2. Deviation #2 seeks relief from LDC Section 6.06.01.J. Street System Requirements, to allow cul -de -sacs in excess of 1,000' in length. For any cul -de -sac exceeding 'W 1,600 feet in length, the roadway must include at approximately 4-,209 1,600 feet intervals design features which provide for the ability of emergency vehicles to turn around. Traffic roundabouts, eyebrows, hammerheads or similar design features shall be allowed. 3. Deviation #3 seeks relief from LDC Section 6.06.0l.Q. Street System Requirements, which requires that street name markers shall be approved by the County Manager or designee for private streets or in conformance with U.S.D.O.T.F.H.W.A. This requirement shall be waived. However, breakaway posts shall be used. 4. Deviation #4 seeks relief from LDC Section 6.06.0l.R. Street Requirements, which requires that street pavement painting, striping and reflective edging of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. This requirement shall be waived for private roadways with ^n' wid . Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device standards. 5. Deviation #5 seeks relief from LDC Section 4.05.04.H, which reauires 1 parking space Der 200 square feet of office /lobby /pro shop /health club/ clubhouse /lounge /snack bar/dining/meeting room associated with golf courses. The requested deviation is to allow for 3 parking spaces per 1,000 square feet of office /lobby /pro shop/health club /clubhouse /lounge /snack bar/dining/meeting room associated with the proposed golf course. Parking spaces for golf course holes, exterior recreation uses, and maintenance buildings will be provided per the LDC. 6. Deviation #6 seeks relief from LDC Section 4.06.04.A, which limits the developer to 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD. The requested deviation is to allow the developer to clear up to 300 acres of residential, commercial, or industrial lots or building- sites to store excess fill generated bX lake excavations within the PUD or project where the excavation is taking place. This is not a deviation from the Collier County Excavation Ordinance. 7. Deviation #7 seeks relief from LDC Section 5.03.02.C, which Dermits a maximum wall heiaht of 6' in residential zoning districts. The requested deviation is to allow a maximum wall height of 8' throughout the development. Where abutting an existing or future public roadway, a 20' tall wall, berm, or combination wall /berm is permitted. PUDZ- A- PL20120000303 Strike - through text is deleted Page 13 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A 8. Deviation #8 seeks relief from LDC Section 5.04.04.13.5, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of six (6) model homes per development tract, not to exceed forty (40) model homes within the overall RPUD. As 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 forty (40) model homes is not exceeded. 9. Deviation #9 seeks relief 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. The requested deviation is 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. 10. Deviation #10 seeks relief from LDC Section 5.06.02.B.2, which permits one (1) real estate pole sign per street frontage that is setback a minimum of 10' from any property line. The requested deviation is to allow for a maximum of two (2) real estate pole signs per street frontage setback a minimum of 5' from the property line along Immokalee Road only. 11. Deviation #11 seeks relief from LDC Section 5.06.02.13.5, which requires on- premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on- premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. 12. Deviation #12 seeks relief from LDC Section 5.06.02.13.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. per sign. The requested deviation is to allow for two (2 ) ground signs per project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign. 13. Deviation #13 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development. The requested deviation is to allow for one (1) ground sign at the property corners fronting on existing and proposed public roadways that provide access to the project, in addition to two ( ground signs at each project entrance. The proposed ground sins gat property corners, commonly_ referred to as "boundary markers ", will be permitted at a maximum height of 10' and sign area of 32 s.f. per sign. 14. Deviation #14 seeks relief from LDC Section 6.06.02.A. which reauires sidewalks on both sides of roadways internal to the site. The requested deviation is to allow for an 8' wide sidewalk on one side of the private spine road as shown on the PUD master plan, and 5' wide sidewalks on one side of all other private, local roadways internal to the development that service residential units on one (1) side of the roadway, and /or terminate in a cul -de -sac up to a maximum length of 2,5001.£ PUDZ- A- PL20120000303 Strike- through text is deleted Page 14 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17N 15. Deviation #15 seeks relief from LDC Section 10.02.04.0 which limits the developer to one (1 ) Site Development Plan submittal for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. The requested deviation is to allow for a maximum of three (3) Site Development Plan submittals for concurrent review with the final plat at such time as the applicant submits the response to the staff review comments. PUDZ- A- PL20120000303 Strike- through text is deleted Page 15 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17a EXHIBIT F FOR MIRASOL RPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Mirasol RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order in which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. RPUD MASTER PLAN 1. Exhibit "C2 ", the RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be final and may be varied at any subsequent approval phase such as platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, RPUD amendments may be made from time to time. B. TRANSPORTATION Upon the County's adoption of a CR -951 extension corridor alignment, and within 180 days of the County's request, the Developer Owner, its successors or assigns, shall dedicate to County fee simple right -of -way for the roadway and drainage system at the predetefmine amount of $45,000 agreed upon appraised value per acre, for those areas located outside the limits of the residential /Golf Course areas depicted as "R/G" on the PUD master plan. Upon recordation of the deed or other conveyance instrument in the public records of Collier County for the dedication of the right -of -way, the Developer shall become eligible for Transportation Impact fee credits in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the dedication. If the project is built out or has prepaid transportation Impact Fees to be assessed for the project, then the Developer or its successors or assigns shall be eligible to request cash reimbursement. The Developer shall not be responsible to obtain or modify any permits on behalf of the County related to the extension of CR -951. 2. The Developer shall construct a 10' multi -use pathway to be located along the Immokalee Road right -of -way on the North side of the Cocohatchee Canal as a part of the entrance construction. Completion of construction of the pathway shall be completed concurrently with the vehicular connection to the existing bridge over the Cocohatchee Canal. �� !.!�!siiwi�:��:.�ai��!ii������ vw��!•e.!a!ei��.ia PUDZ- A- PL20120000303 Strike - through text is deleted Page 16 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17A the te= ms - mf - thit -cgr@ eme t�CirvJcct � r- �TtCt�fei— moo dwelling units f the purposes of *ranspeftatio ^ . As set forth by the Mirasol PUD Developers Contribution Agreement (DCA) dated May 3, 2007, the Developer was responsible for a total financial commitment of $3,229,588.00; and upon satisfaction, Mirasol would be vested for transportation concurrency for 799 residential units. The Developer satisfied the financial commitment by funding improvements to the Immokalee Road - Collier Boulevard intersection, which were completed by March 31, 2009 at a cost of $3,187,912.68 and the remaining balance of $41,645.32 was paid to the County. A letter confirming satisfaction of the financial obligations and project vesting was issued by Collier County on April 23, 2009. The Developer, its successors, or assigns, agree that at the time of any oubc°^ll Development Order- approval wit hi issuance of a buildingpemut for the 400' residential dwelling unit authorized by this PUD, or commencement of construction of the intersection improvements, the Developer, or its successors or assigns, shall be responsible for their respective fair share of the North leg of the CR- 951 /Broken Back Road intersection with Immokalee Road, which includes modification, replacement, or relocation of the at -grade bridge crossing the Cocohatchee Canal. The development shall be limited to a maximum of 781 Two Way, unadjusted PM Peak hour trips. 6. The Developer may use the eastern entrance from Broken Back Road /Collier Boulevard as shown on the master plan for "construction- only" traffic upon issuance of a County road right -of -way permit for temporary access. Developer shall be required to install a stabilized road base and provide for dust abatement measures for the construction traffic. 7. At the time that Developer applies for a road ri ht� -way- permit for a permanent eastern entrance from Broken Back Road /Collier Boulevard as shown on the master plan Developer shall construct at its cost the two northbound lanes of a future four lane road design of Broken Back Road /Collier Boulevard (CR -951) from the Quarry's north entrance (alternatively, from its terminus that may be north of the Quarry's entrance as a result of road construction by others for their site specific access needs) to the Mirasol project's eastern entrance. The roadway shall be constructed in accordance with the design standards includin dg rainage features and sidewalks of a two -lane collector roadwa as s required by the Collier County LDC and Code of Laws and Ordinances at the time of issuance of the road right of way permit. The Developer will be required to construct only those site access improvements such as turn lanes along Broken Back Road /Collier Boulevard (CR- 951) that are specific to the Mirasol project. In the event the County at time of issuance of the road right of way permit requests improvements to Broken Back Road/Collier Boulevard (CR -951) that exceed the collector standards of the LDC and Code of Laws and Ordinances, then Developer shall be eligible for impact fee credits for those additional improvements. The County will accept the roadwaYby Resolution for ownership and maintenance one (1)year after acceptance of the construction of the roadway. The Developer shall not be required as part of this PUD to provide for offsite treatment and storage of stormwater for Broken Back Road /Collier Boulevard (CR -951) outside of the County's road right of way. The PUDZ- A- PL20120000303 Strike- through text is deleted Page 17 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17k, stormwater is planned to be conveyed to the Quarry for storage /treatment or to another off -site location as directed by Collier County. C. ENVIRONMENTAL •_ Le M 0000001;.;z Vi 21_T-4-1e pfepefty will befequired- to -preser-ve 511.9 aer-es o ive habitat. This will bee a^^^ through a mix of on to and off site p - zatie . The project shall retain a minimum of 537.4 acres of native vegetation on -site in compliance with the Growth Management Plan. Easements or ROW created for access to outparcels within the preserve or for future extension of the CR -951 corridor shall not cause the preserve to fall below the minimum native vegetation retention requirement. D. EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 • ,,. .. D. EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 17a #11-02031-P, as amended, prior to the residential development under an administratively issued "development" excavation permit as long as no more than 20,000 c.y. of material is removed off -site. As per Section 22 -106 of Code of Laws and Ordinances, a commercial excavation permit will be required for removing more than the approved 20,000 c.y. of material off -site. E. OUTPARCEL IN SECTION 10 A temporary access easement shall be granted by the Owner to the owner of parcel number of 00178760007, at a location specified by IM Collier Joint Venture it's successors and assigns. At such time that the northern portion of the Mirasol RPUD has access to a public road, the developer shall provide reasonable access from the parcel number 00178760007 across the Mirasol RPUD to the public road. Both the temporary and permanent easements shall be granted to the owner of this parcel, at no cost to the County or the owner of this outparcel. F. UTILITIES 1. The developer shall connect to the Collier County Water Sewer District (CCWSD) potable water system at a location determined by CCWSD when capacity is available. 2. The developer shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 3. The developer shall connect to the CCWSD Irrigation Quality water system at a location CCWSD when capacity is available. G. PLANNING The developer shall complete construction of the golf course and temporary golf pro fshop/locker room prior to the issuance of certificate of occupancy for the f certificate o unit. PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Page 19 of 19 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 -41 which was adopted by the Board of County Commissioners on the 13th day of November, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2012. DWIGHT E. BROCK ;- Clerk of Court S. and Cler}, . Ex- officio to toard o €," County Commissionr J r�� 4,."Tere ea Cannon, Deputy Clerk