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Backup Documents 02/08/2011 Item #17BHq : COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Person: Nancy Ori matin s Dept/ Div: CDES. /Zoning Gun la h 1CP Date: Petition No. (If none, give brief description): PUDZ-2007-AR-1 138 1, Marsilea Villas Petitioner: (Name & Address): Tim Hancock, Davidson Engineerirg , 2154 Trade Center Way, Suite 3, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Marsilea Villas LLC, 475 Price Court, Marco Island, FL 34145 Hearing before BCC BZA Other Requested Hearing date: February 8, 2011 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: PUDZ -2007 AR -11381 Marsilea Villas, LLC, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural Zoning District (A) and an Agricultural zoning district with a Special Treatment Overlay to the Residential Planned Unit Development (RPUD) zoning district with removal of the Special Treatment Overlay for a project known as Marsilea Villas RPUD to allow development of up to 27 single family dwelling units. The subject property, consisting of 10.25 acres, is located west of Livingston Road surrounded by Royal Palm International Academy just north of Imperial Golf Estates, Unit 5 in Section 13, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number 4500096189 for Account Number_ 068779 Reviewed by. s Divisio� Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. 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: Date of Public hearing: ��? � � � Date Advertised: � `ter✓' 17g ORDINANCE NO. 11- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT AN0 AGRICULTURAL ZONING DISTRICT WITH A SPECIAL: TREATMENT OVERLAY (A -ST) TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH REMOVAL OF THE SPECIAL TREATMENT OVERLAY, TO ALLOW DEVELOPMENT OF UP TO 27 SINGLE FAMILY D \YELLING UNITS FOR THE PROJECT KNOWN AS THE MARSILEA VILLAS RPUD, LOCATED WEST OF LIVINGSTON ROAD (CR 881), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.25 +!- ACRES; AND BY PROVIDING ANT EFFECTIVE DATE. WHEREAS, Tim Hancock, of Davidson Engineering, Inc., representing Marsilea Villas, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District and Agricultural Zoning District with a Special Treatment Overlay (A -ST) to "RPUD" Residential Planned Unit Development, with removal of the Special Treatment Overlay, to allow development of up to 27 single family dwelling units in accordance with the Exhibits attached hereto and incorporated by reference herein as Exhibits A through F. The Marsilea Villas, LLC / PUDZ- 2007 -AR -11381 Rev. 12/21/10 Page 1 of 2 17B appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: 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 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cieko Assistant County Attorney Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations from LDC Exhibit F — Development Commitments CP107- CPS - 00700156 'Nlarsilea Villas. LLC / PUDZ - 2007 -AR -11381 Rev. 12121/10 Page 2 of 2 day of , 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Chairman 17g EXHIBIT A PERMITTED USES The Marsilea Villas Residential Planned Unit Development (RPUD) is ± 10.25 acres in size and has a maximum number of 27 single- family dwelling units permitted with a density of 2.63 units per acre. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part for other than the following: A. Principal Uses: 1. Single - Family Detached Residential, not to exceed 27 units. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. B. Accessory Uses: 1. Gate House 2. Swimming Pools 3. Screen Enclosures 4. Accessory uses and structures customarily associated with the permitted principal uses and structures. 17g EXIMIT B DEVELOPMENT STANDARDS Table I (Exhibit B) below sets forth the development standards for land uses within the proposed Residential PUD (RPUD) Subdistrict. Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as ofthe date of approval of the site development plan (SDP) or subdivision plat. TABLE I - RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY PRINCIPAL STRUCTURES NIIN MUM LOT AREA 6.000 SF MINMIUM LOT WIDTH 60 feet (interior lot) 70 feet (comer lot) i1IININIUM FLOOR AREA 1,000 SF (1 story) 1,200 SF (2 story) MIN. FRONT YARD 15 feed MIN. SIDE YARD 7.5 feet MIN- REAR YARD 20 feet MIN. DISTANCE BETWEEN STRUCTURES 15 feet MAX. BUILDING HEIGHT (NOT TO EXCEED 2- STORIES) 35 feet (zoned) 47 feet (actual) MIN. PRESERVE SETBACK 25 feet IvUN. SETBACK FROM PROPERTY LINES OF PUD FOR PRINCIPAL STRUCTURES 20 feet ACCESSORY STRUCTURES FRONT S.P.S SIDE S.P.S REAR 10 feet NIIN. DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES 10 feet MAX. BUILDING HEIGHT NOT TO EXCEED 35 feet (zoned) 47 feet (actual) MIN. PRESERVE SETBACK 10 feet 1. In no case shall there be less than a clear area of 23 feet between the back of the sidmmlk and the face of the garage door. SF = Square Feet or Foot Marsilea Villas RPUD R evis e. d: DeCc.nihe. 20. ?010 ?a?r 2 DI 7 17 B I' S.P.S. = Same as Principal Structures BH = Building Height GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium and/or homeowners' association boundaries shall not be utilized for determining development standards. The minimum setback shall not be less than seven and a half feet (7.5) and the combined setback between principal structures shall be at least fifteen feet (15'). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. 3 of 7 ■ (A CL EXIHBIT C § § § § § § u 0 z W cc w W L� 0 w LL Ir 0. gWi ri Z, OU, zw$ j( (� I �� /\ Z6 I Rs Mil M- ZR 3 m Z.3 0 Ci4i wizid g Tz U, 10 � � \ \\ MASTER PLAN \\ : � \ 2- \ d \ :.\ \\ \ \ \� /z - \ < / \\ / \ . ( ` r— — — — — ---- - - - — — -- — — — — — — — — — — — I - EP M PRO -F" WE LU lit: \ Ix 53 9 U) LLI CY w CC LLI r En W LLS < 10 co ul C-4 2 } | {� . Z e------ § § § § § § u 0 z W cc w W L� 0 w LL Ir 0. gWi ri Z, OU, zw$ j( (� I �� /\ Z6 I Rs Mil M- ZR 3 m Z.3 0 Ci4i wizid g Tz U, 10 � � \ \\ 17g EXftIBIT D LEGAL DESCRIPTION THE WEST '/a OF THE SOUTHWEST '/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST %4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND THE EAST ;% OF THE SOUTHWEST '/4 OF THE NORTHEAST %a OF TIM SOUTHWEST '/4 OF SECTIONI3, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA SAID PARCELS CONTAIN 446,670 SQUARE FEET OR 10.25 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS OF RECORD AND TAXES FOR CURRENT A-ND SUBSEQUENT YEARS ':.;BUD 17B EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC Deviation 41 seeks relief from LDC Section 6.06.02.A.1 Sidewalks, and Bike Lane and Pathway Requirements, which requires sidewalks on each side of a right -of -way terminating cul -de -sac where there are more than 15 units fronting on said right -of- way, to allow for a sidewalk to be constructed along one side of the proposed road. The proposed pathway encircling the proposed lake will tie into the sidewalk adjacent to the road, achieving pedestrian circulation throughout the site. 2. Deviation 42 seeks relief from LDC Section 6.06.01.0; which establishes the minimum right -of -way widths to be utilized, to establish that all internal roadways shall be subject to a 50 foot right -of -way configuration. 6 of 7 W6191 EXHIBIT F DEVELOPER COMMITMENTS 1.1 ENVIROM1ENTAL A. The minimum native preservation requirement shall be 0.75 acres (4.98 acres existing indigenous vegetation x 15% = 0.75 acres to be presenved). The proposed native vegetation preserved per the master concept plan is 1.89 acres (1.23 acres of native area + 0.66 acres non - native area) B. Perimeter berms and s -,vales shall be located on the development side of the preserve boundary. C. No structures or berms shall be placed between on -site and off -site preserves. D. Where removal of non - native and exotic vegetation occurs within the preserve. a combination of natural recruitment and required plantings shall occur consistent with the LDC. 1.2 tiTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 1.3 TRANSPORTATION At no time shall the County be required to accept maintenance responsibility for the roadways serving this project. Acct. #068779 January 11, 2011 Attn: Legals Naples News Media Group 1100 I=okalee Road Naples, FL 34110 Re: PUDZ- 2007 -AR- 11381; Marsilea Villas Dear Legals: Please advertise the above referenced notice on Sunday, January 23, 2011, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 17g NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, FEBRUARY 8, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT AND AGRICULTURAL ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (A -ST) TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH REMOVAL OF THE SPECIAL TREATMENT OVERLAY, TO ALLOW DEVELOPMENT OF UP TO 27 SINGLE FAMILY DWELLING UNITS FOR THE PROJECT KNOWN AS THE MARSILEA VILLAS RPUD, LOCATED WEST OF LIVINGSTON ROAD (CR 881), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.25 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ- 2007 -AR- 11381, Marsilea Villas, LLC, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural Zoning District (A) and an Agricultural zoning district with a Special Treatment Overlay to the Residential Planned Unit Development (RPUD) zoning district with removal of the Special Treatment Overlay for a project known as Marsilea Villas RPUD to allow development of up to 27 single family dwelling units. The subject property, consisting of 10.25 acres, is located west of Livingston Road surrounded by Royal Palm International Academy just north of Imperial Golf Estates, Unit 5 in Section 13, Township 48 South, Range 25 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 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. 17B #..." Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the g�,roceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) x CLERK OF THE RC� Dwight E. Brock COLLIER COUNTY OURT Clerk of Courts 3301 TAMIAMI E. P.O. BOX 4 3044 NAPLES, FLORIDA "4101 January 11, 2011 Marsilea Villas, LLC 475 Price Court Marco Island, FL 34145 ier 178 IT COURT IOUSE Clerk of Courts ST Accountant 3 44 Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ- 2007 -AR- 11381: Marsilea Villas Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.coflierelerk.com Email: collierclerk @collierclerk.com n O Hier 178 CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE 3301 TAMIAMI Clerk of Courts L E ST Clerk of Courts EO. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 ;44 Auditor k Custodian of County Funds January 11, 2011 Davidson Engineering Tim Hancock 2154 Trade Center Way Suite 3 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ-2007 -AR- 11381: Marsilea Villas Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 8, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 23, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Dj� pga!�� kc eresa Polaski, Deputy Cleric Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com Teresa L. Polaski 17B To: Naples Daily News Legals Subject: PUDZ- 2007 -AR- 11381, Marsilea Villas Attachments: PUDZ-2007-AR-1 1381 (Marsilea Villas).doc; PUDZ-2007-AR-1 1381 (Marsilea Villas).doc Legals, Please advertise the attached legal ad on Sunday, January 23, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax ( Teresa .Polaski @colliercierk.com) Z7B Teresa L. Polaski From: Heredia, Blanca [BEHeredia @Naplesnews.com] Sent: Tuesday, January 11, 2011 1:59 PM To: Teresa L. Polaski Subject: Ad Confirmation- Need your approval.. Attachments: UASE56.jpg Importance: High Hello, please see notice printing on January 23rd. A reply with okay to print is required in order for us to move forward. Thank you, Blanca Heredia 239 - 263 -4710 Thank you-for placing your ad. Date 01/11/11 Publication NDN Account Number 744102 Ad Number 1884269 Total Ad Cost $321.30 1 NOTICE OF INTEI4T TO CONSIDER ORDINANCE Notice is hereby givers that on TUESDAY, FEBRUARY-$, 2011, in the Boardroom, 3rd Floor, Adminlstratlon Buildin j, Collier County Government Center, 3299 East Ta- miami Trail, Naples, Florida,, thre Board.af County. Commissioners will consider the enactment of a County Ordinance. The meeiing will commence at 9:00 A.M. The title of the proposed Ord.16ance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED., THE COL- LIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATEO AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER- TY FROM AN AGRICULTURAL (A) ZONING DISTRICT AND AGRICULTURAL ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (A 5T) TO "RPUD° RESIDENTIAL PLANNED 'UNIT DEVELOWENT'WITH REMOVAL OF THE SPECIAL TREATMENT OVERLAY, TO AL>, W QEVELOPM.ENT OF UP TO 27 SINGLE FAMILY DWELLING 0141TS FOR THE PROJECT KNOWN AS THE MARSILEA VILLAS RPUD. LOCATED WEST OF LIVINGSTON ROAD (CR 881), IN, SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER 'COUNTY, FLORIDA, CONSISTING OF 10.25 +1- ACRES; AND BY PRO- ViDING AN LFFECTIVE DATE: Petition: PUDZ 2007 AR 11381, Marsilea Villas, Li_C, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural Zoning District (A) and an Agricultural zoning district with a-Special Treatment Overlay to the Resi dential Planned LInit Development (RPUD) zoning district with removal of the Spe- cial Treatment Overlay. for a project known as Marsilea Villas RPUD.to allow devel opment of up to 27 single family dwelling units, The subject property, _consisting of 10.25-acres is located, i est of-Livingston.Road surrounded by .Royal Palrn interna- tional Acaciremy just north of Imp - I Golf Estates. Unit 5 In Section 13, Township 48 South, Range 25� East, Collier County, Florida. Copies of the proposed Ordinance are on file vvith the Clerk to the Board and are available for impectioh, All interested partie's are invited to attend and be heard. NOTE; All persons wishing to speak on any.agenda item must register vi,ith the Count . administrator prior to presentation of the agenda Item to be addressed,. Individual speakers will be Ilhnite'd to 5 minutes on ally Item The selectlon of an In- dividual to speak on behalf of an organization or group is encouraged. if recog- nized by-the Chairman, a spokesperson for a group�or organization may, be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the 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 ma�lerial used in presentations before the Board W11 become a permahent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceeding1 pertaining thereto and therefore, may heed to ensure that a verbatim record of the roceedings is made, which record includes the testimony and evi- dence upon which the appeal is. based If you, Ore a person with a Isabillly who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to.the provision of certain assistance. Please contact the Collier County 'Facilities Management De P, art- ment,_located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252- 3384; Assisted listening devices forthe hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYI E, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Pdlaskl, Deputy Cierk (SEAL) January 23, 2011 No. 18$4269 !W1111 17B W Teresa L. Polaski From: Teresa L. Polaski Sent: Tuesday, January 18, 2011 9:21 AM To: Naples Daily News Legals Cc: 'Pagan, Emely; Patricia L. Morgan; 'RamirezHeather' Subject: Ad #1884269 Legals, Legal Ad #1884269 is scheduled to run this Sunday, January 23, 2011. Is there any way to move this to be advertised this Friday, January 21, 2011? If this is possible please let me know what needs to be done. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Teresa.Polaski @col lierclerk.com) Teresa L. Polaski From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, January 18, 2011 9:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UASBA.jpg REVISED, changed publication date to Jan. 21 (Friday) instead of Sunday as requested. Please review your notice & return APPROVAL via EMAIL. Thank you for placing your ad. Ad Number 1884269 Total Ad Cost $321.30 Emely Pagan 213 -6061 1 17B NOTICE OF.INTENT TO CONSIDER ORDINANCE Notice Is hereby given that On TUESDAY, FEBRUARY''8, 2011 in the Boardroom, 3rd Floor, AdMInIsstrat16n Building, Collier County Governmerht Center, 3299 East Ta- miarni Trail, idaples, Florlda, the R.oard oaf Caraniy Commissioners will comider the enactment of a County Ordinance!- meeting ti�rill ,corn menc at 9 :00 AM, The title, of the proposed Ordinance is as follows: AN ORDINANCE OF7HE 130ARD OF COUNTY COMMISSIONERS Q,F COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NUMBER 20'.04-41,A5 Alv1ENDED,THE COL - L1ER.COUNT'>r LAND DEVELOP MEr%iT CODE.11UHiCH INCLUDES THE.COMPREHEN51VE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER. COUN[Tif, FLORIDA, BY AMENDING THE-APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREiN DESCRIBED REAL PROPER- TY FROM AN AGRICULTURAL (A); Z0N.ING DISTRICT AND AGRICULTURAL ZONING DISTRICT WiTH A SPECIAL TREATMENT OVtRIAY (A-ST) TO 0RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH REMOVAL OF THE SPECIAL TREATMENT OVERLAY, TO ALLOW DEVELOPivIENT OF UP TO 27 SINGLE FAMILY DWELLING UNITS FOR THE PROJECT KNOWN AS THE-IVIAR511SA VILLAS RPUD, LOCATED WEST OF UVI.NGS -70N ROAD (CR 881), IN, SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25. f AAST, COLLIER COUNT,', FLORIDA, CONSISTING OF 10.Z +/- ACRES, AND BY PRO - VIDING AN EFFECTIVE RATE Petition- PUDZ- 2007 -AR- 11381, Marsilea Villas, LLC, represented by i im Hancock of Davidson Engineering, is requesting a rezone from an Agricultural Zoning District (A) and an Agricultural zoning. district with a Special-Treatment Overlay t6 the Resi- dential Planned Unit Dev= lopinent (iIPUD) zoning district „Leith removal of the Spe- cial Treatment Overlay for a project known as Marsilea Villas RPUD to allow devel- opment of up to 27 single family dwelling unifis. The subject property, consisting of 10.25 acres, is located west of'Livingstorl Road surrounded by Royal Palm Interna- tional Academy just north of Imperial Golf Estates, Unit 5 in Section 13, TdWnship 48 South, Range 25 E&t,'Colller'County,.Flor[da. Copies of the proposed ordinance are oh file Leith t1le Clerk -to the Board and are available for inspection. All iriteteAed parties are invited to attend and be heard, NOTE All persons tti,ishing to speak on any, agenda item rfnLM register c0th the Coi.inty, administrator prior to presentation of the agenda Itern to be a4dressed.. individual speakers +will be Ilrh1t4d ta. minut0s art anY item The selectlon of an In- dividual to speak on behalf of'an organization or group is encouraged. IT recog- nized-by-the Chairman, aspokesperson for a group or organization inay be allotted 1Crminutes to.speak on an item. Persons wishing to have Written or graphic rnaterials included in the Board agenda packets must submit said material a-mirrirnurn of 3 weeks prior to the respective public hearing. in any case, written materials intended to be considered by the Board shall be submitted ta the appropriate County staff a minimum of seven days, pi:ioe to the public Dearing. All material used in presentations before the Board will become a perm rent part of the racord, Any i7erson „ rho decided to appeal a decision Qf the Board vvill need a record of flip- proceed ings pertaining thereto and therefore. may need to erm Lire that a verbttirn record of the proceedings is, made, -vhir_h record includes the testimony and evi- dence upon which thc- Appeal is based If you are a person with a clisabillty Who needs any accommodation ill order to par- ticipate in this.proc4--edingr you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County, Facilities Management Depart- ment,. located at J335,Tamiarni Trail East, Building W, Naples, Flarida.34112, (239)252 -8380; Assisted listening! cleyices for tide- wooer q impaired are available In the County Commissioners' Office. BOARD OF"COUNTY COMMISSiONERS COLLIER COUFJTY, FLORIDA FRED 'COYLE, CHAIRMAN DWIGHT E BROCK, CLERIC By T ere-sa Polaski, Deputy. Clerk (SEAL) January 21, 2011 No. 1881259 I 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 Debbie Landreth, who on oath says that she serves as the Controller 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 January 21, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the saitittewspaper., ( Signature of affiant) Sworn to and subscribed before me This 24`h day of January, 2011 1[ f ` 11 - (Signature of notary public) .F KAROL E KANGAS :° _ Notary Public =State of Florida yy '� My Comm. Expires Jul 29, 2013 'FOF F Commission # DD 912237 �Irll11�� 179 NOTICE OF INTENTTO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, FEBRUARY 8, 2011, C the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Ta- miami Trail, Naples, Florida, the Board of County Commissioners will consider the of the proposed Ordinance Ordinance. f The meeting will commence at 9:00 A.M. The title AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- LIERFCOUNTY AMENDING WHICH�IN LUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER- TY FROM AN AGRICULTURAL (A) ZONING DISTRICT AND AGRICULTURAL ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (A -5T) TO 'RPUD' RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH REMOVAL OF THE SPECIAL TREATMENT OVERLAY, TO ALLOW, DEVELOPMENT OF UP To 27 SINGLE FAMILY DWELLING UNITS FOR THE PROJECT KNOWN AS THE MARSILEA VILLAS RPUD, LOCATED WEST OF LIVINGSTON ROAD (CR 881), IN SECTION 19, TOWNSHIP 48 SOUTH, D BY PRO- _ __...__ , c not n rnnlasTlNe OF 10.25 +1 ACRES; VIDING AN EFFELTIVt:11AM. Petition: PUDZ - 2007 -AR- 11381, Marsilea Villas, LLC, represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an Agricultural Zoning District anec r r nl Treatment l f dentaPlandUntDe elopmen (RPUD) zonigdistrict with removal o the Spe- cial Treatment Overlay for a project known as Marsilea Villas RPUD to allow devel- opment of up to 27 single family dwelling units. The subject property, consisting of 10.25 acres, is located west of Livingston Road surrounded ,n Royal Palm Intema- tional Academy ust north of Imperial Goff Estates, Unit 5 in Section 13, Township 48 South, Range R5 East, Collier County, Florida. 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. JI NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selection I f e In- dividual to speak on behalf of an organization or group is encouraged. If allotted nized by the Chairman, a spokesperson for a group or,orgamzatlon may be alllotted 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 resppective jpublic hearing. In any case, written materials intended to be considered by the I 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 became a permanent part of the record. j Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is is based. which record includes the testimony and evi- dente upon which the appeal If you are a person with a disability who needs any accommodation in order to par - itiapate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier Counttyy Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Buildin4 W, Naples, Florida 34112, the ounty commissioners' listening on devices for the hearing Impaired are available in h BOARD OF COUNTY COMMISSIONERS 1 COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk �1� AL) 1 2071 No. 18842fi9. -- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP17 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMNIISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. Judy Puig GMD -P & R/Operations & Regulatory Mgmt. Dept. Agenda Item Number �I C4` I l I 2. Type of Document Ordinance I QQ V — 3. 1 Attached by the Office of the County Attorney. This includes signature pages from ordinances, 4. resolutions, etc. signed by the County Attorney's Office and signature pages from 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Z�9 Jl 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (Me primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Nancy Gundlach Phone Number 239 - 252 -2484 Agenda Date Item was February 8, 2011 Agenda Item Number 17.B. Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Ordinance I QQ V — Number of Original 1 Attached by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24,08 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 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 ' I 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 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 should be provided to Ian Mitchell in 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! J t 6. The document was approved by the BCC on ' ' (enter date) and all changes made during the meeting have been incorporated in the attached document. The �n County Attorney's Office has reviewed the changes, if applicable. y' I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24,08 178 Date: February 23, 2011 To: Nancy Gundlach, Principal Planner Comprehensive Planning GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -03: Marsilea Villas RPUD Attached for your records is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners February 8, 2011. The Minutes and Record's Department will hold the original in the Board's Official Records. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17B MEMORANDUM Date: February 23, 2011 To: Jeff Klatzkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -03: Marsilea Villas RPUD Attached for your records, is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners on Tuesday, February 8, 2011. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17B Date: February 23, 2011 To: Ian Mitchell, BCC Executive Manager Board of County Commissioners Office From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -03: Marsilea Villas RPUD Attached for your records, is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners on Tuesday, February 8, 2011. The Minutes and Record's Department will hold the original in the Board's Official Records. If you have any questions, please call me at 252 -8406. Thank you. Attachment ins MEMORANDUM Date: February 23, 2011 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -03: Marsilea Villas Residential rezone of 10.25 acres west of Livingston Road Attached for your records, is a copy of the document referenced above (Item #17B) adopted by the Board of County Commissioners on February 8, 2011. The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. If you have any questions, please contact me at 252 -8406. Thank you Attachment 176 ORDINANCE NO. 11- 03 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT AND AGRICULTURAL ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (A -ST) TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH REMOVAL OF THE SPECIAL TREATMENT OVERLAY, TO ALLOW DEVELOPMENT OF UP TO 27 SINGLE FAMILY DWELLING UNITS FOR THE PROJECT KNOWN AS THE MARSILEA VILLAS RPUD, LOCATED WEST OF LIVINGSTON ROAD (CR 881), IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.25 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, of Davidson Engineering, Inc., representing Marsilea Villas, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District and Agricultural Zoning District with a Special Treatment Overlay (A -ST) to "RPUD" Residential Planned Unit Development, with removal of the Special Treatment Overlay, to allow development of up to 27 single family dwelling units in accordance with the Exhibits attached hereto and incorporated by reference herein as Exhibits A through F. The Marsilea Villas, LLC / PUDZ-2007-AR- 113 81 Rev. 1/18/11 Page 1 oft fi appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: 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 F V�(( 011. ATTEST:. DWIGHT,E. BROCK, CLERK pop uy Clerk AVOt Approved as to form and legal sufficiency: t , , �' I C11 A - C t- 0, 1 � ! 9� it 1161 di Ashton -Cicko Assistant County Attorney Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations from LDC Exhibit F — Development Commitments CP \07- CPS - 00700 \67 Marsilea Villas, LLC / PUDZ- 2007 -AR -11381 Rev. 1/18/11 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B LA) Y• FRED W. COYLE, Ch ' an 17BI � EXHIBIT A PERNUTTED USES The Marsilea Villas Residential Planned Unit Development (RPUD) is ± 10.25 acres in size and has a maximum number of 27 single - family dwelling units permitted with a density of 2.63 units per acre. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single - Family Detached Residential, not to exceed 27 units. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZX ) by the process outlined in the LDC. B. Accessory Uses: 1. Gate House 2. Swimming Pools 3. Screen Enclosures 4. Accessory uses and structures customarily associated with the permitted principal uses and structures. iNlarsilea Villas RPUD Revised: Deceinber 20, 2010 Pa*e 1 of 170 4 EXHIBIT B DEVELOPMENT STANDARDS Table I (Exhibit B) below sets forth the development standards for land uses within the proposed Residential PUD (RPUD) Subdistrict. Standards not specifically set forth within this application 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 - RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY PRINCIPAL STRUCTURES MINIMUM LOT AREA 6,000 SF MINIMUM LOT WIDTH 60 feet (interior lot) 70 feet (comer lot) MINIMUM FLOOR AREA 1,000 SF (1 story) 1,200 SF (2 story) MIN. FRONT YARD 15 feetl MIN. SIDE YARD 7.5 feet MIN. REAR YARD 20 feet MIN. DISTANCE BETWEEN STRUCTURES 15 feet MAX. BUILDING HEIGHT (NOT TO EXCEED 2- STORIES) 35 feet (zoned) 47 feet (actual) MIN. PRESERVE SETBACK 25 feet MIN. SETBACK FROM PROPERTY LINES OF PUD FOR PRINCIPAL STRUCTURES 20 feet ACCESSORY STRUCTURES FRONT S.P.S SIDE S.P.S REAR 10 feet MIN. DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES 10 feet MAX. BUILDING HEIGHT NOT TO EXCEED 35 feet (zoned) 47 feet (actual) MIN. PRESERVE SETBACK 10 feet 1. In no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of the garage door. SF = Square Feet or Foot Mal-silea Villas RPUD P.et-rised: December 20, 2010 Page 2 of 7 17B S.P.S. = Same as Principal Structures BH = Building Height GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium and/or homeowners' association boundaries shall not be utilized for determining development standards. The minimum setback shall not be less than seven and a half feet (7.5') and the combined setback between principal structures shall be at least fifteen feet (15'). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. 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C rr° Metlr:erra . �• %&Md ^ .`e < o ar W, Rd _ - troPn Seheel a ea Rd CI hnpMal::' r � TS�Cir GW1 Cal; I _ �l r C)Preis tYPE D IhiafLn�:.''I °s aHMr V Playa " �{ §{ dry Cab �.- Oott Club_.' � 0 •�� IIIIII�.'. It da n0 ;rJh„ . I ?• IIIIIIII oa to U H m = 8 x s W z Wz� N t �rll; V Z. �o ,^ v 1+VJ � i t� p J m LL Wlri� {i:W A J � a� ZZ a' N Z v Jut LL '° Z N o a O (/)wa °z mo `�¢nY / Y W z i ena . =D t0 6. U W Z; Z oz �o a 4 Zvi O a Z* W < $ Q z CIA � y O w ZFWk 0� XOZ Z'. v H v ,r3Wd°41ft OtOZ,et24 6+OOt9t-Zt►IaaNearyryr �Opgg3wgeurap Waeu�latMeaN ]d�� \e5uueelOGRdlp.0090eM eeaawYAMaPefard eaVYV2 W .Q X w 178 EXHIBIT D LEGAL DESCRIPTION THE WEST %2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA UN -01 THE EAST % OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTIONI3, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA SAID PARCELS CONTAIN 446,670 SQUARE FEET OR 10.25 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS OF RECORD AND TAXES FOR CURRENT AND SUBSEQUENT YEARS Nlarsilea Villas RPUD Revised: December 20, 20 10 Page 5 a 7 1-79 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC 1. Deviation #1 seeks relief from LDC Section 6.06.02.A.1 Sidewalks, and Bike Lane and Pathway Requirements, which requires sidewalks on each side of a right -of -way terminating cul -de -sac where there are more than 15 units fronting on said right -of- way, to allow for a sidewalk to be constructed along one side of the proposed road. The proposed pathway encircling the proposed lake will tie into the sidewalk adjacent to the road, achieving pedestrian circulation throughout the site. 2. Deviation #2 seeks relief from LDC Section 6.06.01.0, which establishes the minimum right -of -way widths to be utilized, to establish that all internal roadways shall be subject to a 50 foot right -of -way configuration. Nlarsilea Villas RPUD Revised: December 20, 20 10 Pa--e 6 of 7 178 -i EXHIBIT F DEVELOPER COMMITMENTS 1.1 ENVIRONMENTAL A. The minimum native preservation requirement shall be 0.75 acres (4.98 acres existing indigenous vegetation x 15% = 0.75 acres to be preserved). The proposed native vegetation preserved per the master concept plan is 1.89 acres (1.23 acres of native area + 0.66 acres non - native area) B. Perimeter berms and swales shall be located on the development side of the preserve boundary. C. No structures or berms shall be placed between on -site and off -site preserves. D. Where removal of non - native and exotic vegetation occurs within the preserve, a combination of natural recruitment and required plantings shall occur consistent with the LDC. 1.2 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 1.3 TRANSPORTATION At no time shall the County be required to accept maintenance responsibility for the roadways serving this project. Marsilea Villas RPUD Revised: December 20, 2010 Page 7 of 7 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 2011 -03 17B Which was adopted by the Board of County Commissioners on the 8th day of February, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of February, 2011. DWIGHT E. BROCK •c "��'.j�,. '', , Clerk of Courtsnd�`a,eras . r Ex- officio tb- Bdarctof. County Commissidfiel::$`- -'- By: Ann nejohn, Deputy Clerk