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Backup Documents 10/25/2011 Item # 8C1 8 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, September 2, 2011, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD /Zoning Person: Kay Deselem, Principal Planner Date: August 26, 2011 Petition No. PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD Petitioner: Hacienda Lakes of Naples, LLC; 3921 Prospect Avenue; Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: Dwight Nadeau, AICP; RWA Inc.; 6610 Willow Park Drive, Suite 200; Naples, FL 34109 and Richard D. Yovanovich, Esquire; Coleman, Yovanovich & Koester, P.A.; Northern Trust Bank Building; 4001 Tamiami Trail North, Suite 300; Naples, FL 34103 Hearing before: X BCC BZA Other Requested Hearing date: Tuesday, September 27, 2011. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached ti{ Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Reviewed by: /?-, /-J, bi'visior4kdministrator or Designee List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS `Zia.I Date For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFI E�UyS O /NLY: Date Received: Z� I Date of Public Hearing. R Date Advertised: Teresa L. Polaski ► 8C 0- From: DeselemKay <KayDeselem @colliergov.net> Sent: Friday, August 26, 20115:36 PM To: Minutes and Records Cc: Bellows, Ray, Lorenz, William; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Brock, MaryJo Subject: PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD for 9/27 BCC advertising Attachments: BCC ad form signed 8- 26- 11.pdf, title 8- 26- 11.docx; Ordinance from CAO 8- 23- 11.pdf, PUD document from CAO clean 8- 23- 11.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. NOTE: PLEASE USE THE TITLE SHOWN ON THE SEPARATE TITLE FORM NOT THE ONE ON THE ORDINANCE. Should you have questions, please contact me. Thankyou! Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239- 252 -2931 Fax: 239 - 252 -6357 kaydese lem Coco lliergo v, ne t Under Rorida Law, e-mail addresses are public records. It 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. 8C " TITLE FOR 9/27/11 BCC ADVERTISING PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 -26, for swamp buggy grounds; and by providing an effective date. (Companion to Petitions DRI- 2006 -AR -10147 and CP -2006- 11) [Coordinator: Kay Deselem, AICP, Principal Planner] 8C M 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 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) AGRICULTURAL- SPECIAL TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT (SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY" ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION; AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NURSING CARE. THE SUBJECT PROPERTY, CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR PARTIAL REPEAL AND SURVIVAL OF CERTAIN PROVISIONS OF ORDINANCE NUMBER 84 -26 FOR SWAMP BUGGY GROUNDS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc., Robert Mulhere of Mulhere and Associates and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Hacienda Lakes of Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. Hacienda Lakes of Naples LLC/PUDZ- 2006 -AR -10146 Rev. 8/23/11 Page 1 of 3 MO AM 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 Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 2,262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business park or education facility; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "F" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK day of , 2011 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Hacienda Lakes of Naples LLC/PUDZ- 2006 -AR -10146 Rev. 8/23/11 Page 2 of 3 FRED W. COYLE, Chairman M Approved as to form and legal sufficiency: Heidi Ashton -Cicko Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Owner Commitments CP \10- CPS - 01024 \89 Hacienda Lakes of Naples LLC/PUDZ-2006-AR- 10 146 Rev. 8/23/11 Page 3 of 3 tEi]i COUNTY ATTORNEY DRAFT EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE+ TRACT "R" RESIDENTIAL 1,714 447.86 TRACT "R/MU" RESIDENTIAL/MEDICAL USE 25 min.* 38.82 TRACT "BP" BUSINESS PARK 1 35.38 TRACT "C" COMMERCIAL 17 min.* 36.67 TRACT "A" ATTRACTION 1 47.27 TRACT "P" PRESERVE 0 1,544.14 TRACT "PF" PUBLIC FACILITY 0 1.33 TRACT "JD" JUNIOR DEPUTY 2 21.62 TRACT "ROW" PUBLIC RIGHT -OF -WAY 0 72.01 TRACT "S" SCHOOL 0 19.55 Total 1,760 2262.14 *: Denotes the minimum number of dwelling units that must be constructed in the associated land use tract. Given that Tract C may generate up to 55 residential dwelling units, thirty (30 %) percent of those residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to have no less than 25 residential dwelling units constructed within that Tract. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C. GENERAL PERMITTED LAND USES Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this MPUD except for in the P, Preserve Tract. II TRACT "R ", RESIDENTIAL PERMITTED USES: Up to 1,760 residential units consisting of single family units and multi - family units are permitted in the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family, as defined in the LDC. Residential units may be converted to senior housing units or recreational vehicle (RV) units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line, detached dwellings; 3. Two - family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 1 of 50 8C � COUNTY ATTORNEY DRAFT Multi - family dwellings; 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B. In no instance shall greater than 450 senior housing units be developed in the entire MPUD; Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA, by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; Model homes and model home centers including offices for project administration, construction, sales and marketing, apartment rental, as well as resale and rental of units within the MPUD in perpetuity (group 6531); Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; 4. Horse stables and related equestrian facilities to serve the PUD that complement the MPUD's proximity to the Picayune Strand State Forest may be allowed on residential lands lying east of the proposed north/south public roadway, subject to applicable permitting. This private, non - commercial, accessory use is intended for stabling for residents of the PUD. Horse racing, dressage, or horse jumping events open to the public are prohibited; Private stables on single- family lots greater than 43,560 square feet in lot area, on residential lands lying east of the proposed north/south public roadway are permitted to allow one horse for each 21,780 square feet of lot area; Horse trails. III TRACT "RV ": Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, other than the following: Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 2 of 50 COUNTY ATTORNEY DRAFT A. Principal Uses: Recreational vehicle parks (Group 7033, recreational vehicle parks only), subject to the criteria contained in Exhibit B, and only in the location depicted on Exhibit C. In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. Except as provided herein, the RV District shall comply with the Land Development Code (LDC) including Sections 2.03.03.F and 5.5.10. B. Accessory Uses: Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; IV TRACT "RIMU ", RESIDENTIAL/MEDICAL USE PERMITTED USES: Up to 1,760 residential units consisting of single family units and multi - family units are permitted in the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family as defined in the LDC. The residential units may be converted to senior housing units or RV units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000 square feet of gross floor area of medical office related land uses are also allowed in this tract, less up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in part, for other than the following: A. Principal Uses: Single family detached dwellings; 2. Zero lot line, detached dwellings; Two - family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence) which are multi- family dwelling units; 5. Multi- family dwellings; Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 3 of 50 A* FIL ARE COUNTY ATTORNEY DRAFT for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B In no instance shall greater than 450 senior housing units be developed in the entire MPUD. Drug Stores and Proprietary Stores (Group 5912). If this retail use is developed in the R/MU Tract then the square footage of gross floor area of this retail use shall reduce the square footage of gross floor area of retail uses permitted in Tract C.; 8. Health Services, (Groups 8011 -8049, 8071 -8072, 8082, and 8092 - 8099); 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing; Recreational facilities and structures to serve the PUD including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests. V TRACT "BP" BUSINESS PARK PERMITTED USES: Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135 rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of business park land uses could be exceeded if a hotel conversion to business park of up to 60,000 square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or BP, based on an approved plat or SDP, then the hotel conversion shall terminate. Tract `BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy land uses and facilities. This acreage is meant to provide for a transition from the Attraction land uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be developed for either a business park or a school. If the Tract is developed as a school, only those uses permitted in Section XI below shall be allowed. Should the 35.38 acre tract be proposed for development as a business park, 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: Apparel and other finished products (groups 2311 - 2399); 2. Building construction (groups 1521- 1542); Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 4 of 50 8C � COUNTY ATTORNEY DRAFT 3. Business services (group 7311); 4. Communications (groups 4812 -4899, including communication towers limited in height to 100 feet); 5. Construction: Special trade contractors (groups 1711 - 1799); 6. Depository and non - depository institutions (groups 6081, 6082); 7. Drugs and medicines (groups 2833 - 2836); 8. Eating places (group 5812, not including fast foods, walk -up windows and drive - thru restaurants); 9. Educational services (groups 8221 - 8299); 10. Electronics and other electrical equipment manufacturing, indoor only (groups 3612- 3699); 11. Engineering, accounting, research, management, and related services (groups 8711- 8748); 12. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099); 13. Furniture and fixtures manufacturing (groups 2511- 2599); 14. Government offices/buildings (groups 9111 -9222, 9224 -9229, 9311, 9411 -9451, 9511 -9532, 9611 - 9661); 15. Health services (groups 8011- 8049); 16. Industrial and commercial machinery and computer equipment (groups 3524, 3546, 3571,3579); 17. Industrial inorganic chemicals (groups 2833, and 2844); 18. Job training and vocational rehabilitation services (group 8331); 19. Leather and leather products (groups 3131 - 3199); 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812 - 3873); 21. Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092,8093); 22. Miscellaneous manufacturing industries (groups 3911- 3999); 23. Motion picture production (groups 7812 - 7819); Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 5 of 50 [I� COUNTY ATTORNEY DRAFT 24. Motor freight transportation and warehousing (group 4225, mini- and self- storage warehousing only), subject to the following criteria: i. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right -of -way is prohibited; and ii. Access to individual units whether direct or non - direct must be from the side of the building that is oriented internally; iii. No building shall exceed 100 feet in length when adjacent to a residential tract within the MPUD; iv. No outdoor storage of any kind is permitted, and v. Storage units shall be utilized for storage purposes only. 25. Printing, publishing and allied industries (groups 2711 - 2796); 26. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053); 27. Security /commodity brokers (group 6211); 28. Transportation equipment (groups 3714, 3716, 3732, 3751, 3792, 3799); 29. U.S. Postal Service (group 4311); 30. Wholesale trade durable goods (groups 5021, 5031, 5043 -5049, 5063 -5078, 5091, 5092, 5094 - 5099); 31. Wholesale trade non durable goods (5111 -5153, 5181, 5182, 5191, except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential tract within the MPUD, 5192 - 5193); 32. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals. B. Limited Principal Uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business Park tract: 1. Business services (7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, no labor pools, 7371 -7384, 7389); 2. Child day care services (group 8351); 3. Depository and non - depository institutions (groups 6021 -6062, 6091, 6099, 6111- 6163); 4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health service groups and medical laboratories /research/rehabilitative groups; 5. Hotels (group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. Hotel square footage does not reduce the Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 6 of 50 8C o_1 COUNTY ATTORNEY DRAFT business park square footage cap. If the hotel conversion is applied to Tract BP, then a hotel is not permitted; 6. Membership organizations (group 8611); business associations (group 8621); professional organizations (8631); labor unions and similar labor organizations; 7. Personal services (groups 7215 -7231, 7241); 8. Physical fitness facilities and bowling centers (groups 7991, 7933); 9. Professional offices; insurance agencies (group 6411); insurance carriers (groups 6311 - 6399); real estate (6531, 6541, 6552, 6553); holding and other investment offices (groups 6712 - 6799); attorneys (group 8111); 10. Travel agencies (group 4724). C. Uses Accessory to Principal and Limited Uses: Uses and structures that are accessory and incidental to uses permitted as of right; 2. One (1) caretaker's residence within Tract BP, Business Park Tract, subject to the following: i. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted; ii. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure; iii. Off - street parking shall be as required for a single - family residence. For primary business park uses, retail sales and/or display areas as accessory to the principal uses shall not exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. VI TRACT "C" COMMERCIAL PERMITTED USES: Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross floor area of professional and medical office uses reduced by medical - related retail use square footages approved by SDP in Tract BP and reduced by up to 50,000 square feet of gross floor area of professional and medical office land use square footages approved by plat or SDP in Tract R/MU. The 70,000 square feet of professional and medical office may be exceeded if the retail land uses are converted to office thereby reducing the retail square footage, not to exceed 25% of the retail land use allocation. Additionally, a hotel of up to 135 rooms and up to 92,000 square feet of gross floor area shall be allowed in Tract C unless a hotel is developed within Tract PB or if the hotel use is converted to BP uses in Tract BP based on an approved plat or SDP. 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: Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 7 of 50 COUNTY ATTORNEY DRAFT 1. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2. Multi - family dwellings; 3. Residential land uses integrated into commercial buildings with residential units located above commercial land uses to create a mixed -use building; 4. Accounting, auditing and bookkeeping services (group 8721); 5. Adjustment and collection services (group 7322); 6. Advertising agencies (group 7311); 7. Advertising — miscellaneous (group 7319); 8. Amusements and recreation services, indoor (groups 7911 -7922, 7991, 7993, 7999, only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and golf cart rentals); 9. Apparel and accessory stores with (groups 5611 - 5699); 10. Auto and home supply stores (groups 5211 -5261, and 5531); 11. Automotive dealers, not elsewhere classified (group 5599); 12. Automobile parking (group 7521), including garages- automobile parking, parking structures, no towing yards; 13. Automotive repair, services and parking (groups 7513 — 7533, 7536 - 7549); 14. Barber shops (group 7241), except barber schools; 15. Beauty shops (7231), except beauty schools; 16. Boat dealers (5551); 17. Bookkeeping services (8721); 18. Bowling centers, indoor (7933); 19. Building construction — General contractors (groups 1521 — 1542); 20. Building materials, hardware and garden supplies (groups 5211 - 5261); 21. Business associations (group 8611); 22. Business consulting services (group 8748); 23. Business credit institutions (groups 6153- 6159); 24. Business services (groups 7311 -7353, 7359, except labor contractors, 7371 -7379, 7381 except armored car and dog rental, 7382 -7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 8 of 50 8C COUNTY ATTORNEY DRAFT bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, press clipping service, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service); 25. Cable and other pay television services (group 4841); 26. Senior housing for persons over age 55, limited to independent and assisted living facilities, continuing care retirement communities, and nursing homes. This housing is included in the retail square foot limitation and no greater than 450 senior housing units shall be developed in this entire MPUD; 27. Child day care services (8351); 28. Commercial printing (2752, excluding newspapers); 29. Civic, social and fraternal associations (group 8641); 30. Coin operated amusement devices, indoor (group 7993); 31. Communications (groups 4812 -4841) including communications towers up to specified height, subject to LDC Section 5.05.09; 32. Construction — special trade contractors (groups 1711 — 1793, 1796, 1799); 33. Dance studios, schools and halls (group 7911); 34. Drug stores (group 5912); 35. Depository institutions (groups 6011- 6099); 36. Eating and drinking establishments (group 5812, and group 5813) excluding bottle clubs. Outdoor amplified sound is prohibited; 37. Educational services (groups 8221, 8222, 8243 — 8249); 38. Engineering, accounting, research, management and related services (groups 8711- 8748); 39. Food stores (groups 5411 - 5499); 40. Gasoline service stations (group 5541 subject to LDC requirements); 41. General merchandise stores (groups 5311, 5331 - 5399); 42. Glass and glazing work (1793); 43. Health services (groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 - 8099); 44. Home furniture, furnishing, and equipment (groups 5712 - 5736); Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 9 of 50 8C COUNTY ATTORNEY DRAFT 45. Hotels and motels (groups 7011, 7021, and 704 1) only if a hotel is not built in Tract BP and the hotel conversion is not applied to Tract BP; 46. Insurance carriers, agents and brokers (groups 6311 -6399, 6411); 47. Landscape architects, consulting and planning (group 0781); 48. Legal services (group 8111); 49. Libraries (group 8231); 50. Management and public relations services (groups 8741 -8743, 8748); 51. Membership organizations (8611- 8699); 52. Membership sports and recreation clubs, indoor (group 7997); 53. Miscellaneous personal services (7291, 7299, debt counseling only); 54. Miscellaneous repair services (groups 7622 — 7699); 55. Miscellaneous retail (groups 5912 -5963, 5992 - 5999); 56. Motion picture theaters (group 7832); 57. Motorcycle dealers (group 5571); 58. Motor freight transportation and warehousing (group 4225 mini- and self - storage warehousing only); 59. Museums and art galleries (group 8412); 60. Non - depository credit institutions, and loan brokers (groups 6111- 6163); 61. Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713); 62. Paint, glass and wallpaper stores (5231); 63. Passenger car leasing (group 7515); 64. Passenger car rental (group 7514); 65. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291, 7299, excluding massage parlors, escort services, steam baths, Turkish baths and tattoo parlors); 66. Photographic studios (7221); 67. Physical fitness facilities (7991); Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 10 of 50 8 C COUNTY ATTORNEY DRAFT 68. Political organizations (group 8651); 69. Printing, publishing, and allied industries (groups 2711, 2721); 70. Professional membership organizations (group 8621); 71. Public Administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661); 72. Public or private parks and playgrounds; 73. Public relations services (group 8743); 74. Radio, television, and consumer electronics stores (group 5731); 75. Radio and television broadcasting stations (groups 4832, and 4833); 76. Real estate (group 6512, 6531- 6552); 77. Record and prerecorded tape stores (group 5735), excluding adult oriented rentals and sales; 78. Recreational vehicle dealers (group 5561); 79. Religious organizations (group 8661); 80. Research, development, and testing services (group 8731 - 8734); 81. Retail nurseries, lawn and garden supply stores (group 5261); 82. Security and commodity brokers, dealer, exchanges and services (groups 6211- 6289); 83. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922- 7929); 84. Tour operators (group 4725); 85. Travel agencies (group 4724); 86. United States Postal Service (4311 except major distribution center); 87. Veterinary services (groups 0742, 0752 excluding outside kenneling); 88. Videotape rental (7841), excluding adult oriented rental and sales; 89. Vocational schools (groups 8243 - 8299); 90. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 11 of 50 8C COUNTY ATTORNEY DRAFT A. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Eating/ Picnic Area; 3. One (1) caretaker's residence within the C, Commercial Tract; 4. Child care, outdoor play areas. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: a. A minimum five -foot, six -inch high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; b. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure; c. The play equipment shall be set back a minimum distance of five feet from the required fence and from the principal structure. 5. Kiosks, that are small separate structures, often movable and open on one or more sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks shall not to exceed 200 square feet.; VII TRACT "A" ATTRACTION PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. "Swamp Buggy" race track (group 7948, swamp buggy track only); 2. County fair and similar expositions, including circuses, carnivals, and other recreation/entertainment activities; 3. Exhibition hall /community center; 4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor recreational sports and activities and shall not be limited in the number of occurrences; 5. Indoor target ranges, including archery; 6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized vehicle race track only); Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 12 of 50 8C a COUNTY ATTORNEY DRAFT Motocross (including bicycle and motorcycle) race course (group 7948, motocross race course only); 8. Stadium, training, and practice facilities for professional baseball (group 7941); Administrative offices and supportive service facilities; 10. Any other use or structure that is comparable in nature to the foregoing and that is approved by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Any accessory uses and structures that are incidental to and customarily associated with those uses permitted herein; 2. Onsite water management, utility, and service facilities; 3. Signs as permitted or required by the applicable Collier County Land Development Code at the time of application for construction permits; 4. Residential facilities (one (1) residential unit within the A, Attraction Tract) for housing of security personnel or caretakers whose work requires residence on the property; 5. Concessions, ticketing, bleachers, and other spectator - related facilities; 6. Picnicking and playground areas, as well as areas for camping that may be utilized only three days prior to, during, and three days after a major event weekend. C. Conditional Uses: Fuel storage and related facilities. VIII TRACT "P" PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses Upland preserves; 2. Wetland preserves; B Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 13 of 50 8C COUNTY ATTORNEY DRAFT 1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures; 3. Archaeological sites and associated research of said sites. IX TRACT "PF" PUBLIC FACILITY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Public safety facilities intended to provide emergency medical, ground transportation services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Administrative offices and support service facilities; 3. Lighting or storm water management facilities and structures. X TRACT "JD" JUNIOR DEPUTY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open space and outdoor recreational uses, including, but not limited to hiking, biking, fishing, boating, camping, picnicking and nature trails; 2. Sporting and recreational camps; 3. Caretaker's residence, limited to two for the JD, Junior Deputy Tract. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks; Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 14 of 50 8C F COUNTY ATTORNEY DRAFT 2. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen/plastic sheeting, or walls), which may include kitchen/cooking facilities, office and restroom facilities; 3. Passive parks and passive recreational uses; 4. Pervious roads, driveways, and pervious and /or impervious parking facilities; 5. Project identification and directional signage; 6. Water management structures; 7. Restrooms/bath houses; 8. Roofed or unroofed storage for maintenance and recreational equipment; 9. Fencing and security gates, which may include barbed wire; 10. Archery and air rifle range(s). XI TRACT "S" SCHOOLS PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Schools, public or private, including Educational Services (Group 82). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Educational facilities; 2. Parking facilities and signage; 3. Administrative offices and support service facilities; 4. Lighting or storm water management facilities and structures. XII SIGNS: A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing, proposed, or future public roadways as depicted and labeled "Boundary Marker" on Sheets 3 and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development (See Exhibit E, Deviation #4). Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 15 of 50 T*16t .i COUNTY ATTORNEY DRAFT B. One real estate sign shall be permitted in the Commercial Tract for the purposes of marketing residential products within the MPUD. This additional real estate signage may be utilized by any of the developers of the residential communities within the MPUD (See Exhibit E, Deviation #7). C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C. (See Exhibit E, Deviation #8) Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 16 of 50 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: 8 C �i COUNTY ATTORNEY DRAFT Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Conversion of residential land use types are provided for below which may be utilized to apportion units to senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and their relation to public facility impacts. Table I below, sets forth the development standards for residential land uses within the MPUD, including residential land uses that are required to be developed in Tracts C and R/MU. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Figures 1 thru 7 generally depict typical development standards for the various residential products. Table II below, sets forth the development standards for commercial land uses, senior housing units, and public facility land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table III below, sets forth the development standards for the business park land uses and school land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered conceptual in nature. The design, location, and configuration of land improvements shall be defined at either site development plan, or construction plans and plat approval(s). 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. MAXIMUM DENSITY AND INTENSITY: Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a density of 0.78 dwelling units per gross acre. The 1,760 residential units are either single- or multi - family units as defined in the LDC. No more than 1,332 multi - family units may be constructed in the entire PUD. Caretakers residences shall be deducted from the 1,760 unit allocation. A minimum of 25 residential units shall be constructed in the R/MU Tract, and a minimum of 17 residential units shall be constructed in Tract C. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 17 of 50 8C COUNTY ATTORNEY DRAFT LAND USE CONVERSION FACTORS Residential Density: 1.0 residential unit equates to 2.73 Recreational Vehicle units /spaces or 4 Senior Housing Units. There shall be no more than 450 Senior Housing Units in the entire PUD, 290 RV units in the entire PUD, or 1,332 multi - family units in the entire PUD. Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of medical office uses, 20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross floor area of business park land uses, and 135 hotel rooms. In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed 92,000 gross square feet, 704 single - family units, and 1,056 multi - family units. However, the hotel shall not count against the 140,000 square foot cap associated with the business park. Should the BP Tract not be developed as a business park but be developed as a private educational facility, such facility shall not exceed the maximum 140,000 gross square feet allowed in that Tract. The developer shall be allowed to convert retail land uses to office land uses at a one to one (1:1) ratio, not to exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract. The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not to exceed 92,000 square feet to 60,000 square feet of gross floor area of business park land uses. All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the overall trip and land use cap. Senior Housing Intensity: The intensity of any senior housing unit shall have a maximum Floor Area Ratio (FAR) of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of single family and multi- family residential units, as those units are defined in the Land Development Code. The development may include in excess of 1,760 residential units if some are developed as senior housing units. With the exception of senior housing development in the C, Commercial Tract, senior housing units shall be developed through the conversion of residential land uses. Residential units shall be allowed for conversion to senior housing units based on the Land Use Conversion Factors, above. However, 1 single - family dwelling unit equates to 1 single - family style independent living units. In no instance shall greater than 450 senior housing units be developed in the entire MPUD. Operational Characteristics for Senior Housine Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 18 of 50 BC �vi COUNTY ATTORNEY DRAFT • There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents. • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. Recreational Vehicle Park Criteria • Any RV Park may be located in one location on Tract R as generally depicted on Exhibit C, MPUD Master Plan. • This area of Tract R shall be developed either with an RV Park or residential land uses, and not be a combination of both. • The RV Park shall be limited to Class A motorcoaches only. • In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. • The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [up to 24.2 acres]. • The Lord's way shall be the principal access to Collier Boulevard (CR -951). • A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sign Development Standards Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of sign content area (See Exhibit E, Deviation #4). Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development. Any signage proposed for identifying the on -site Swamp Buggy Attraction land use in the Commercial Tract may be illuminated and manually changeable so the traveling public may learn of upcoming events in the Attraction Tract. Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the purposes of providing for signage within the Commercial Tract. Site Development, or Plat Approval • At the time of each development order application subsequent to rezone approval, the developer or its successors and assigns shall submit a list of previously approved land uses (approved via site development plan, or plat), and the trips, commercial square footage and residential units consumed to date. Developer shall also provide to County a copy of its master list of converted uses for this PUD. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 19 of 50 8 C COUNTY ATTORNEY DRAFT TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SETBACK SINGLE ZERO LOT TWO TOWNHOUSE TOWNHOUSE MULTI- CLUB RECREAT FAMILY LINE FAMILY/ ALLEY DESIGN FAMILY HOUSE/ -IONAL DETACHED DUPLEX DWELLINGS REC- VEHICLE REATION PARKS BLDGS PRINCIPAL STRUCTURES Minimum Lot Area 4,800 SF 4,000 SF 3,500 SF per 1,800 SF per lot 1,650 SF per lot or I acre 800 SF per lot unit 10,000 SF space/unit Minimum Lot Width 40' 35' 35' per lot 18'per lot or 25'; or 22' for units 150' 35' unit attached end to end N/A 15' or Yz BH, 15' or Ya BH, 15' or '' /z BH, 15' or '' /2 BH, 15' or 1/2 BH, 15' or '/z BH, 15' or 1/2 BH, 15' Minimum Distance From whichever is whichever is whichever is whichever is whichever is whichever is whichever is MPUD Boundary greater. I greater. greater. greater. greater. greater. greater. 20', or 15' 20', or 15' 20', or 15' 20' 5' from LL; 16' 20' or Y� BH, 10' with side with side with side from BOC whichever is Front Yard Setback load garages load garages load garages greater. N/A Side Yard 6' 0' or 10' 0' or 6 0' or 6' 5' from LL; 0' Y� BH 5' when attached N/A Rear Yard 15' 15' 15' 15' 9' from LL on 15' or Yz BH, 8' paseo; 5' otherwise whichever is eater N/A From Preserve 25' 25' 25' 25' 25 25' 25' 25 Maximum Zoned Height 35' 35' 35' 45' 45 75' 40' 30' 35' Maximum Actual Height 42' 42' 42' 50' 50' 85' 50' Floor Area Minimum (SF) 1200 SF 1000 SF 1000 SF 900 SF 900 SF 750 SF N/A N/A Minimum Distance 15' or 1/2 10' Between 12, 10, 12' 12, 24' on paseo Yz SBH SBH, Principal Structures whichever is eater ACCESSORY STRUCTURES Front SPS SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' SPS 5' 10' SPS From Preserve 10' 10' 10' 10' 101. 10' 10' 10' Minimum Distance 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' N/A 0' or 10' 0' or 10' Minimum Distance 0' OR 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' N/A 0' or 10' 0' or 10' Maximum Zoned Height SPS SPS SPS SPS SPS 35' SPS SPS Maximum Actual Height SPS SPS SPS SPS i SPS SPS 35' SPS Minimum Distance From 15' 15' 15' 15' 15' 15' 15' 15' MPUD Boundary' SPS: Same as Principal Structure LL: Lot Line BOC: Back Of Curb Pasco: A pedestrian only access way to and from residences. N /A: Not Applicable BH: Building Height SBH: Sum of Building Heights "Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 20 of 50 8C " COUNTY ATTORNEY DRAFT General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement 2) Firewall protrusions into required yards are permitted up to three (3') feet. 3) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater than 50 feet in actual height. 4) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure 1 below. 5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the referenced sidewalk. 6) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. PRO1 LI Figure 1 Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 21 of 50 8C COUNTY ATTORNEY DRAFT Terraced Setbacks PRESERVE } %5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY �-- -- _ --- -- - -- ---� f / STRUCTURE SETBACK f FROM PRESERVE f " HF31 r 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL ( ACC. STRUCTURE SETBACK FROM PRESERVE f f , f 8' MIN. 12' MIN. 5' MIN. SIDE YARD PRINCIPAL f STRUCTURE SETBACK f PRINCIPAL f 23' MIN. STRUCTURE 1 f . f f FRONT YARD PRINCIPAL f — i FRONT YARD PRINCIPAL STRUCTURE SETBACK f f STRUCTURE SETBACK 15' MIN. :120 ' MIN. 23' MIN. ROW - 5' SIDEWALK- - BACK OF CURB 10' MIN. CENTERLINE ; - -- - - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single - Family Units PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY � -- -- �-- ---- �- - - ---� STRUCTURE SETBACK f r I FROM PRESERVE f r r r r 15' MIN. REAR YARD PRINCIPAL _ STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL-\-.s. I STRUCTURE SETBACK ACC. STR. FROM PRESERVE f � i t f f r 10' MIN. 10' MIN. 10' MIN. �_O' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK f r PRINCIPAL r f 23' MIN. STRUCTURE ( f i r 1 f r f f FRONT YARD PRINCIPAL — - i FRONT YARD PRINCIPAL )- STRUCTURE SETBACK f f f 20' 2 STRUCTURE SETBACK 15' MIN. MIN. ROW - - -MI 5' SIDEWALK --- BACK OF CURB 10' MIN. CENTERLINE - - - - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single - Family /Zero Lot Line Units Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 22 of 50 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL SETBACK FROM�PRESERVE [I�7 COUNTY ATTORNEY DRAFT i i I 1 1 1 I 1 PTRUCIsAI 1 MIN. SIDE YARD PRINCIPAL 28 MIN. I f STRUCTURE SETBACK 1 PRESERVE 3' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 1 t 1 i 13' MIN. REAR YARD PRINCIPAL 1 i 1 1 I i SETBACK I ACC. SM. � ACC. SIR. I y-, 1 i 1 i I NO SIDE YARD REQUIRED FOR ATTACKED PRINCIPAL UNITS ' MIN. � 12' MIN. i i I 1 1 1 I 1 PTRUCIsAI 1 MIN. SIDE YARD PRINCIPAL 28 MIN. I f STRUCTURE SETBACK 1 NOT TO SCALE NOT DRAWN PROPORTIONAU.Y Figure 4 Duplex and Two - Family Units _�" :_. �31 =yam PRESERVE 5' MIN. REAR YARD AMY r JJJ snick E SETBACK 10 FOOT MINIMUM ACCESSORY i - - - - - - - - - - 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK FROM PRESERVE STRUCTURE SETBACK ! 1 1 ! i ! SIDE YARD REQUIRED FOR 25 FOOT MDi1MUM PRINgPAL 1 ATTACHED PRINCIPAL UNITS STRUCTURE SETBACK AUG. UTIL FROM PRESERVE I ITYP I I 12' ! 1 MIT. ! PRINCIPAL SiRtICTURE B' MDT. SIDE YARD PRINCIPAL I (TYP.) STRUCTURE SETBACK ! 1 FRONT YARD PRINCIPAL STRUCTURE SETBACK 1 1 I I 1 1 20 MIN. MIN J$ ROW-1— L i I .__ 5' SIDEWAALK BACK OF CU 10' MIN. nrurra wr _ — NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single- Family and Townhouse Units Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 23 of 50 y-, NOT TO SCALE NOT DRAWN PROPORTIONAU.Y Figure 4 Duplex and Two - Family Units _�" :_. �31 =yam PRESERVE 5' MIN. REAR YARD AMY r JJJ snick E SETBACK 10 FOOT MINIMUM ACCESSORY i - - - - - - - - - - 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK FROM PRESERVE STRUCTURE SETBACK ! 1 1 ! i ! SIDE YARD REQUIRED FOR 25 FOOT MDi1MUM PRINgPAL 1 ATTACHED PRINCIPAL UNITS STRUCTURE SETBACK AUG. UTIL FROM PRESERVE I ITYP I I 12' ! 1 MIT. ! PRINCIPAL SiRtICTURE B' MDT. SIDE YARD PRINCIPAL I (TYP.) STRUCTURE SETBACK ! 1 FRONT YARD PRINCIPAL STRUCTURE SETBACK 1 1 I I 1 1 20 MIN. MIN J$ ROW-1— L i I .__ 5' SIDEWAALK BACK OF CU 10' MIN. nrurra wr _ — NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single- Family and Townhouse Units Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 23 of 50 8C COUNTY ATTORNEY DRAFT Building Massing Units to be attached side by side and arranged in a linear fashion and shall have no more than eight units combined into one structure. OPTIONAL 8' PRIVACY WALL (TYPICAL ALL U FRONT YARD I STRUCTURE � •«ice, �� y CAR CARACE (TYPICAL) i NO SIDE YARD REQUIRED FOR ATTACHED PRINCIPAL UNTIS PRINCIPAL STRUCTURE "' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK I I I 1 5' SIDEWALK— BACK Of CURB CENTERLINE — — — — NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 6 Attached Single - Family and Townhouse Units (Alley Design) (Scenario A) Building Massing Utilization of Scenario A allows for the units to be attached side by side and arranged in a linear fashion and shall have no more than eight units combined into one structure. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 24 of 50 a c °" COUNTY ATTORNEY DRAFT Nor m srxe Nor MvMw PFWFQ XXVI 6Y Figure 7 Multi- Family Units Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 25 of 50 8C 0% COUNTY ATTORNEY DRAFT TABLE II COMMERCIAL, PUBLIC FACILITY, AND SENIOR HOUSING DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY 25 FEET * ** 10 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES * * ** 25 FEET 10 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR 1/2 THE SUM OF BUILDING HEIGHTS 10 FEET MAXIMUM ZONED HEIGHT 75 FEET 25 FEET MAXIMUM ACTUAL HEIGHT 85 FEET 30 FEET MINIMUM FLOOR AREA — COMMERCIAL MINIMUM FLOOR AREA — SENIOR HOUSING MINIMUM FLOOR AREA — PUBLIC FACILITY 600 SQUARE FEET ** 350 SQUARE FEET 1,500 SQUARE FEET N/A N/A N/A MIN. GROSS FLOOR AREA PER UNIT 600 SQUARE FEET ** 80 SQUARE FEET ** * Whichever is greater ** Not applicable to kiosks * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. ill. * * ** Principal and Accessory Structures shall not protrude or encroach into any required landscape buffer. Note: Any independent living unit proposed for development in a single - family type of configuration shall comply with the development standards for single - family land uses set forth in Table I. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 26 of 50 • �S • COUNTY ATTORNEY DRAFT TABLE III BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS (EXCLUDES PUBLIC SCHOOLS) DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 8,000 SQUARE FEET N/A MINIMUM LOT WIDTH 80 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT 50 FEET * ** 10 FEET BOUNDARY) — BUSINESS PARK MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) — SCHOOL 50 FEET * ** 25 FEET ** MINIMUM YARDS (MEASURED FROM MPUD N/A N/A BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR % THE SUM OF 10 FEET STRUCTURES - BUSINESS PARK BUILDING HEIGHTS MIN. DISTANCE BETWEEN SBR, or 18 FEET SBR, or 10 FEET STRUCTURES- SCHOOL MAXIMUM ZONED HEIGHT - BUSINESS PARK 35 FEET 35 FEET MAXIMUM ZONED HEIGHT - SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT — BUSINESS PARK 50 FEET 35 FEET MAXIMUM ACTUAL HEIGHT - SCHOOL 60 FEET 60 FEET MINIMUM FLOOR AREA — BUSINESS PARK 1000 SQUARE FEET N/A MINIMUM FLOOR AREA — SCHOOL SBR, or 350 SQUARE FEET SBR, or 35 SQUARE FEET MIN. GROSS FLOOR AREA PER UNIT BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET SCHOOL N/A N/A * Whichever is greater ** Including portable classrooms * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. SBR: As required through the School Board Review process Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 27 of 50 ac W COUNTY ATTORNEY DRAFT The Lord's Way Access Improvements: In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the Developer with roadway facilities as generally depicted by LDC Appendix B -4, a Commercial /Industrial typical roadway section, prior to the issuance of the first certificate of occupancy for a business park land use. In the event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by the Developer as generally depicted by LDC Appendix B -3, a Local Street typical roadway section. TABLE IV ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1 ACRE N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) 20 FEET, PLUS 1 FOOT FOR EACH 2 FEET OF BLDG. HT. OVER 50 FEET 20 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES 25 FEET 20 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR' /2 THE SUM OF BUILDING HEIGHTS* 10 FEET MAXIMUM ZONED HEIGHT 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET MINIMUM FLOOR AREA 1000 SQUARE FEET ** N/A * Whichever is greater ** Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the utilization of the attraction facilities, which have no minimum floor area limitations Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated at the rate of one parking space for each 1000 square feet of covered camping pavilion. Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit projectiles from exiting the range area. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 28 of 50 8 C I COUNTY ATTORNEY DRAFT EXHIBIT C MASTER PLAN Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 29 of 50 8C N COUNTY ATTORNEY DRAFT EXHIBIT D LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.8901 1'14"W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S.89 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'01 "W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 °13'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N.00 014'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 °07'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.01 004'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 001'58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S.01 0 18'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S.89 022'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °14'38 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 °01'58 "W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 °01'58 "W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01 °01'15 "E. FOR 1699.99 FEET; THENCE S.89 °01'58 "W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 001'58 "W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 051'54 "E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87 037'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °48'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 028'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 30 of 50 $ C ki COUNTY ATTORNEY DRAFT OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 °48'45 "E. ALONG SAID WEST AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 °49'30 "E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °49'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S.00 °47'37 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 °27'14 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 047'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 °28'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °38'50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.00 041'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °40'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °36'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S.87 °26'11 "W. ALONG THE NORTH LINE OF SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35'02 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.00 °38'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °32'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 °35'02 "W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00 038'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °37'27 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 040'54 "E. ALONG SAID NORTH LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34'58 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 041'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S.00 026'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 31 of 50 8C H COUNTY ATTORNEY DRAFT NORTHEAST QUARTER; THENCE S.87 °33'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 °12'42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.03 °39'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S.87 007'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 °07'13 "W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 °18'31 "E. FOR 1451.00 FEET; THENCE N.88 056'54 "E. FOR 1582.00 FEET; THENCE S.00 031'35 "E. FOR 1130.61 FEET; THENCE S.89 015'59 "E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 °57'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 037'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 034'43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 041'48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 023'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89 °22'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00 °52'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 °46'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 °49'34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE S.01 ° 12'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING. 101,084,043 SQUARE FEET OR 2,320.6 ACRES +/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES PARCEL "B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 32 of 50 8C COUNTY ATTORNEY DRAFT NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 023'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 000'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 33 of 50 8 C ! -9 COUNTY ATTORNEY DRAFT EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 6.06.0l.B, related to streets in subdivisions, that requires subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate access easements rather than platted road rights -of way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall/berm combination. Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.S., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof would only be required where the Business Park Tract abuts the Residential Tract. Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the Commercial Tract. Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be permitted in Tract C. Deviation #8 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 34 of 50 rLO COUNTY ATTORNEY DRAFT EXHIBIT F LIST OF OWNER COMMITMENTS For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of Naples, LLC, its successors, and/or assigns. The owner commitments below shall not be enforceable upon Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc. LEGAL A. Access to Parcel "A ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via a new roadway easement from Owner that shall be recorded in the public records of Collier County, and shall run in a north -south direction from the existing thirty -foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval of this PUD B. Access to Parcel `B ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505, O.R. Book 622, Page 1609, O.R. Book 245, Page 124, and O.R. Book 287, Page 18. C. No existing public access /roadway easements shall be vacated to preclude access to off -site private and public lands without providing replacement access easements. II ENVIRONMENTAL A. Native vegetation shall be preserved in this MPUD in accordance with the table below: Hacienda Lakes Native Preserve Summary Description Total Urban ac Rural ac Project Area 2262.14 625.07 1637.07 On -Site Native Vegetation 1721.97 295.38 1426.59 Less the Native Veg Within Rattlesnake Hammock Ext. 2.02 2.02 0.00 Less the Native Veg Within The Lords Way Ext. 0.42 0.42 0.00 Less the Native Veg Within the Benfield Road Corridor 12.91 5.01 7.90 Less the Native Veg Within Archaeological Preserves 6.07 1.06 5.02 Native Vegetation For Requirement Calculations 1700.54 286.87 1413.67 Percentage for required Native Preserve - 25% Required Native Vegetation* <921.09 71.71 <849.38 Preserved Native Vegetation ** 1395.35 40.81 1352.57 Compensating Native Preserve 2x URF Deficit)** 61.80 Total Preserve Area 1544.14 53.06 1491.08 Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 35 of 50 8C " COUNTY ATTORNEY DRAFT * Native Preserve Requirement (LDC Subsection 2.05.02 2.g.ii.) of 90% within the RFMUD Sending Lands exceeds 60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall be the required Rural native vegetation area. ** Compliance with LDC Subsection 3.05.07 H.1.a., requires native vegetation planting enhancement of a minimum of 12.24 acres of the project's URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the adopted GMP amendment. B. A Wetland Mitigation/Monitoring plan is to be submitted once approved from SFWMD, for County review. C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan accepted by Collier County as contained in the Environmental Impact Statement. D. An updated listed species survey for the future development areas shall be submitted prior to the next development order approval. E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to the first preliminary acceptance. III ENGINEERING A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/951 over the Henderson Creek Canal. IV ARCHAEOLOGICAL and HISTORIC RESOURCES A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP, Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set. These sites must remain undeveloped. A public access easement around the archaeological sites for potential digs and further study has been provided. Disturbance to these five protected archaeological sites may only occur with County approval, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. B. Historical/archeological areas are not used to meet preserve requirements because if an archaeological dig is required, then native vegetation would have to be removed. V EMERGENCY MEDICAL SERVICES A. In order to mitigate for the project impacts and demand on Emergency Medical Services (EMS), the developer shall provide a one acre parcel to Collier County. This public facility site is identified as "PF" on the MPUD Master Plan (Exhibit Q. The dedication of the one acre site shall be by deed to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. The valuation of the one acre site dedication has been determined to be $ , , .00 per acre, for the purposes of the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no later than at the time the 500'' residential unit is included in a development order request (site development plan, or plat), subsequent to the adoption of the DRI Development Order. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 36 of 50 ac COUNTY ATTORNEY DRAFT VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord's Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA I. The Owner shall construct (here forward to mean "constructed to meet minimum County requirements for acceptance "), at its sole expense without road impact fee credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the County at the County's request. ") of all of such improvements, the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 37 of 50 8 C vo COUNTY ATTORNEY DRAFT II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 20,000 Square Feet of General Office, and; 50,000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to Commitment I), and; Remaining portion of Residential Pod A (if applicable pursuant to Commitment I), and; Required residential uses within Activity Center land use; Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 38 of 50 8C b COUNTY ATTORNEY DRAFT These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time of construction, and shall include the fair market value of the land or easement when the Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 39 of 50 8C COUNTY ATTORNEY DRAFT Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $ , , .00 per acre. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed a site - related improvement. NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 40 of 50 8C � COUNTY ATTORNEY DRAFT below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Figure 4 — Hacienda Lakes DRI - Commitment IV V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and construct the extension of The Lord's Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition, when the Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. These improvements are site - related improvements. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: 140,000 Square Feet of Business Park, and; Residential Pod D. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 41 of 50 COUNTY ATTORNEY DRAFT These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. Fiaure 5 — Hacienda takes DRI - Commitment V Florida Power Line Easement �1114�► � J � � '1111f' 'g4l When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way up to a width of 90 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $ , , .00 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 42 of 50 Lezend {y Existing Lanes/Tum Lanes L Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed ® Roadway Segment to be Constructed EJ Area Previously Developed Area to be Developed When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way up to a width of 90 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $ , , .00 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 42 of 50 8C #1 1 COUNTY ATTORNEY DRAFT BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County's right of way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road up to a width of 150 feet, free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for the increase in cost resulting from the construction of the road according to County Standards (arterial) instead of as a local subdivision road. The fair market value of 50% of the conveyance of the road right of way easement to the County has been determined to be $ , , .00 per acre. Fifty percent (50 %) of the fair market value of the road right of way easement and the total cost of the improvements are site - related improvements. The Cost of this improvement will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 43 of 50 8C ' COUNTY ATTORNEY DRAFT VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner up to a width of 150 feet, free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The value of the right of way has been determined to be $ .00 per acre. The area to be conveyed is depicted in Figure 7, below. Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 44 of 50 SC COUNTY ATTORNEY DRAFT VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right of way needed for the future construction of Benfield Road south of Sabal Palm Road (approximately 1.00 mile) up to a width of 150 feet free and clear of all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right of way conveyance. This is a site - related improvement. The area to be dedicated is depicted in Figure 8, below. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 45 of 50 8 C ' COUNTY ATTORNEY DRAFT IX. As a part of its State and Federal permits, the Owner shall pay for mitigation required for State and or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall at no cost to County either: (1) Convey drainage easement(s) to the County for their stormwater management facility needs free and clear of all liens and encumbrances, or (2) agree to accept stormwater from Benfield Road into the Project's stormwater management system. These are site - related contributions. X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner's contribution to the County's public road network against the DRI's proportionate share, (as defined in the State of Florida's HB 7207) of which this DRI impacts County and State road segments. If Owner's contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all road impact fees paid to date, the costs of the non site - related transportation improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road, Hacienda Lakes, PUDZ-2006-AR-1 0 146 (8/23/11) Page 46 of 50 8C COUNTY ATTORNEY DRAFT Benfield Road and the Lords Way, plus the value of any road right -of -way conveyance by donation to the County unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to the County when 33% of approved development trips (1,109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips (2,219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. XI. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail land uses, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter fronting the Commercial Tract C that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site - related contribution. XII. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business park land uses, or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter fronting the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site - related contribution. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 47 of 50 I 0 0 ■ 8C COUNTY ATTORNEY DRAFT Legend Land Use CAT STOPISHELTER Attraction Tract Proposed CAT Route 4A & 48 Extension Business Park cx Schad Existing CAT Route 4A & 4B Convnemial Existing CAT Facility 4A Preserve Tract Existing CAT Factity 48 Public Facilities Tract (EMS) Existing CAT Route 7 Junior Deputy Proposed Pedestrian Facilities School Existing Shared Use Path Residential Tract r--j Project Bound" Residential I Medical Use Development Boundary - —a Public ROW Reservation I \EXISTING CAT ROUTE I I (TO MARCO ISLAND) Proposed Access — POTENTIAL CAT STOP /SHELTER EXISTING CAT ROUTE 4P ae'�=Will All 'a Int*m7.1;P5**d1.. If Not Shown EXISTING CAT CAT 1111111 CAT FACILITY FACILITY ROUTE 4A 4A(TYP) 4B(TYP) &4B\ STATE LANDS DIA [A Hacienda Lakes n pisdigstitan FacM A ", 1 11"; DEVELOPER E R d Extended So Extended Ab" Internal Roads Even If hrmmmmn�l Roulds PROPOSED CAT A —0—b. STOP/SHELTER L T E R �" D— 6.2DIG A y WAY THE LORD'S WAY POTENTIAL POTENTIAL L LT CAT STOP/SHELTER .HE TER PROPOSED )POSED 4A & 48 CAT El ROUTE EXTENSION ENSION Proposed EVELOPER DEVELOPER PROPOSPOS ED Access CAT STOP /SHELTER RATTLESNAKE PROP. RATTLESNAKE HAMMOCK Rte HAMMOCK RD. EXT. — POTENTIAL CAT STOP /SHELTER EXISTING CAT ROUTE 4P ae'�=Will All 'a Int*m7.1;P5**d1.. If Not Shown EXISTING CAT CAT 1111111 CAT FACILITY FACILITY ROUTE 4A 4A(TYP) 4B(TYP) &4B\ STATE LANDS DIA [A Hacienda Lakes 0 5W 1,000 A ", 1 11"; Master Mobility Plan —0—b. �" D— 6.2DIG 8 C � COUNTY ATTORNEY DRAFT VII PUBLIC UTILITIES A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is located within the Collier County Water -Sewer District Boundary; there are some areas of this project that currently are outside of the Collier County Water & Sewer District Boundary. The areas that are not part of Collier County Water -Sewer District also do not belong to any other Water -Sewer District. Since Public Utilities can provide service as requested by this project, Impact Fees will be applied to the entire area to be developed. B. Based on review of the County's GIS system there is an existing 36 -inch water main on CR 951. The water loop connections should be made through this 36" water line. C. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD, when capacity is available. D. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield- SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well fields shall be followed. All well sites and pipeline easements located on and close to this development needs to be shown on all future site development plans, PPL or any other site plans applications. VIII PLANNING A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed Limitation of Development Rights Agreement(s) shall occur for these same lands. B. A permanent conservation mechanism, including Limitation of Development Rights Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP) for the Hacienda Lakes project. IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL DEVELOPMENT COMMITMENTS The following commitments shall only apply to the Attraction and Junior Deputy Tracts: General Provisions A. All motor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than 11:00 P.M. B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security, safety, and traffic control. Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 49 of 50 8C M COUNTY ATTORNEY DRAFT Roadways and Traffic A. Roadways within the subject property shall be private roadways and shall be maintained by the Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance road with CR 951 and Rattlesnake Hammock Road. Utilities and Service Facilities A. The potable water supply source for the project shall be the County regional water system (now known as the Collier County Water Sewer District). B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets (provided by a licensed commercial service), or permanent restroom facilities, or both. Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy track and other non - potable uses. X DEVELOPMENT OF REGIONAL IMPACT A. One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD /DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. CP \10- CPS- 01024 \92 Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 50 of 50 I�l 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 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) AGRICULTURAL- SPECIAL TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT (SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A CONVERSION TO BUSINESS PARK; 1.40,000 GROSS SQUARE FEET OF BUSINESS PARK. OR EDUCATION FACILITY; A PUBLIC SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY" ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION; AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED' LIVING AND NURSING CARE. THE SUBJECT PROPERTY, CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 941) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12,13,14,23,24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 84 -26 FOR SWAMP BUGGY GROUNDS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc,, Robert Mulhere of Mulhere and Associates and Richard D. Yovanovich, Esquire of Coleman, Yovanovieh &- Koester, P.A., representing Hacienda Lakes of Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. Hacienda Lakes of Naples LLC PUDZ-2006-AR- 10 146 Page 1 of 3 Rev. 8/29/11 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 Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A), Agricultural-Special Treatment Overlay (A-ST) and PUD zoning district (Swamp Buggy Days PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 2,262 +/- acre, project to be known as the Hacienda Lakes MPUD, to allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business park or education facility; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "I"' and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 84-26, the Swamp Buggy PUD, is hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of 2011 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA RE , Deputy Clerk Hacienda Lakes of Naples LLC PUDZ-2006-AR- 10146 Rev. 8/29/11 By: FRED W. COYLE, Chairman Page 2 of 3 Approved as to form and legal sufficiency: Heidi Ashton -Cieko Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Owner Commitments CPA O -CPS - 01024197 Hacienda Lakes of Naples LLC PUDZ- 2006 -AR -10146 Page 3 of 3 Rev. 8/29/11 m ACCOUNT #068779 August 29, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, FL 34112 Re: PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD Dear Legals: Please advertise the above referenced notice on Wednesday, September 7, 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 [Ih NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 27, 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: PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake - Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 -26, for swamp buggy grounds; and by providing an effective date. (Companion to Petitions DRI- 2006 -AR -10147 and CP- 2006-11) (Coordinator: Kay Deselem, AICP, Principal Planner] Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 8 C �4 Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) of-C011ier CLERK OF THE C RC I Dwight E. Brock COLLIER COUNTY OUR Clerk of Courts 3301 TAMIAMI IL E. P.O. BOX 4 3044 NAPLES, FLORIDA14101 -3 August 29, 2011 Hacienda Lakes of Naples, LLC 3921 Prospect Avenue Naples, FL 34104 T COURT OUSE T Clerk of Courts S Accountant Auditor Custodian of County Funds .A, • Re: Notice of Public Hearing to Consider Ordinance: PUDZ - 2006 -AR- 10146; Hacienda Lakes MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 7, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 3�eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com CLERK OF THE Cil Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 41. NAPLES, FLORIDA August 29, 2011 Dwight Nadeau, AICP RWA Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 llier ac A COURT USE Clerk of Courts r Accountant 14 Auditor Custodian of County Funds Re: Notice of Public Hearing to Consider Ordinance: PUDZ - 2006 -AR- 10146; Hacienda Lakes MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 7, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com N CLERK OF THE C Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI PO. BOX 4 NAPLES, FLORIDA August 29, 2011 Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 llier 8 C C IT COURT UR OUSE Clerk of Courts IL EAST 44 Accountant 4101 -3 44 Auditor tLl Custodian of County Funds Re: Notice of Public Hearing to Consider Ordinance: PUDZ- 2006 -AR- 10146; Hacienda Lakes MPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 7, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �1c Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com 8 C o Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: PU DZ- 2006 -AR -10146 Attachments: PUDZ- 2006 -AR -10146 BCC (9- 27- 11).doc; PUDZ- 2006 -AR -10146 (9- 27- 11).doc Legals, Please advertise the attached legal ad on Wednesday, September 7, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa.Polaski@colliercierk.com 1 8C 4 Teresa L. Polaski From: Legals NDN <legals @naplesnews.com> Sent: Monday, August 29, 20114:26 PM To: Teresa L. Polaski Subject: RE: PUDZ- 2006 -AR -10146 OK EmeCy Fagan ILead g Dept Naples DaiCy News 1100 Immokalee Road Naples, FL 34110 Direct Line: 239 - 213 -6061 Fax Line: 239 - 263 -4703 Send notices to: legals(d)-naplesnews.com From: Teresa L. Polaski rmailto: Teresa .Polaski(acollierclerk.com] Sent: Monday, August 29, 20114:21 PM To: Legals NDN Subject: PUDZ- 2006 -AR -10146 Legals, Please advertise the attached legal ad on Wednesday, September 7, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239- 252 -8411 239- 252 -8408 fax Teresa. Polaski@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 1 8 C Teresa L. Polaski From: Pagan, Emely <EPagan @Naplesnews.com> Sent: Monday, August 29, 20114:52 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS603F jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1913986 Total Ad Cost $331.62 Em 239 - 213 -6061 NOTICE OF INTENT TO CONSIDER ORD114ANCE 8 C Notice Is hereby given that on TUESDAY, September 27, 2011, in the Boardroom, 3rd Floor, Adrirministration Building, Collier County Government Center, 3299 East Tamami Trail, Naples, Florida, the Berard 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: PUDZ- 006 -AR- 10146: Hacienda likes MPUD — An Ordinance of the Board of Coun- ty Commissioners of Collier County, Florida amending Ordinance Number 2004-41 as amended, the Collier County Land Development !Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the ala- propriate zoning atlas map or maps by changing the zoning classification of the therein described real property from the Agricultural (A), Agricultural- Special Treat- ment Overlay (A -ST) and PLID zoning district (swamp Buggy gays P D) to the Mixed Use Manned Unit Development (MPUD) zoning district, for a project known as the Hacienda Lakes MPLID that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and med- ical office, 135 hotel rooms including a conversion to business park; 1A0,O0 gross square feet of business park or education facility; a public school; continuation of existing 'swamp buggy' attraction and "Juicier Deputy' passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +1- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattle snake- Hammock Road and north and south of Saba! Palen Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 5o South, Range 26 East, and Sections 19 and 30, Township 50 South, Flange 27 East, Collier County, Florida;... providing for repeal of Ordinance Number 84 2G, for swamp bu gy grounds; and by providing effective date. (Companion to Petitions DRI -20 AR -14147 and CP- 2006 --11) [Coordinator: Kay Deselem AICP, Principal Planner 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 riot to presentation of the agenda item to be addressed. Ind speakers willpbe limited to 3 minutes on any item. The selection 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 16 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets roust 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 became 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, many need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based, If you area person with a disability who needs any accori rriodabon in order to par- ticipate in this proceeding,, you are entitled, at no cast to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Building W.. Maples, Florida 34112, (239)252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E BROCK, CLERK By: Teresa Polaski, Deputy Clerk: (SEAL) September 7, 2011 Nci191`3986 8C Teresa L. Polaski From: DeselemKay <KayDeselem @colliergov.net> Sent: Monday, August 29, 20115:26 PM To: Teresa L. Polaski; Neet, Virginia Cc: Rodriguez, Wanda Subject: RE: Ad Confirmation Shouldn't there be hyphen after Rattle on the 7 next to last line? Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 k_a_ydeselem @colliergov.net - - - -- Original Message---- - From: Teresa L. Polaski f mailto: Teresa .Polaski @collierclerk.coml Sent: Monday, August 29, 20114:55 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation <<UAS603F.jpg>> Please review - - - -- Original Message---- - From: Pagan, Emely fmailto:EPagan @Naplesnews.coml Sent: Monday, August 29, 20114:52 PM To: Teresa L. Polaski Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1913986 Total Ad Cost $331.62 Em 239 - 213 -6061 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Teresa L. Polaski From: Sent: To: Subject: Attachments: REVISED... Thank you for placing your ad. Ad Number 1913986 Total Ad Cost $331.62 Em Pagan, Emely <EPagan @Naplesnews.com> Tuesday, August 30, 20118:45 AM Teresa L. Polaski Ad Confirmation UAS6CA4jpg NOTICE OF INTENT TO CONSIDE-R ORDINANCE S C { I Notice Is hereby given that ton TUESDAAY, September 27, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Fast` Tamiami Trail Maples, Florida, the Bard of County Cornmi�ioners vt�ill consider the enactrtiettt of-a County Ctrdiriance. The meeting will commence at 9 :60 AW. The tittle of the proposed ordinance is as follows -. PUDZ -2 06 -AR- 10146; Ha enda Lakes MPUD An Ordinance of the Board of Coun- ty Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the ap- propriate zoning atlas map or maps by changing the zonin9 classification of the herein described read property from the Agricultural (A), Agricultural - Special Treat wont Overlay (A -ST) and PUD zoning district (Swamp .BWgg Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUID that will alloiry a maximum of 327,540 square feet of gross retail commercial floor area; 70,000 grass square feet of professional and modical office space including a conversion of retail use to professional and rrr 1 Ical office; 135 hotel rooms including a conversion to business park; 140.000 gross square feet of business park or, education facility, a public school; continuation of eXisting "swamp buggy." attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including Conversions to recreational vehicle park and senior housing for inde endent living, assisted living and nursing care. The subject property, consisting 012;252 +i- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier boulevard and Rattlesnake - Hammock Read and north and south of 5abal Palm Road in Sections 11, 12, 13 14, 23 24 and 25, Township 50 South, (range 26 East, and Sections 19 and -10, Township 50 South, Range 27 East, Collier County, Florida; providing, for repeal of Ordinance Number 84 26, for swamp .buggy grounds;. and by providing inef- fective date. {Companion to Petitions DRI- 0%- Alt -10147 and Ci'- 2006 -11} [Coordin- ator: Kay Deselem, AiCP, Principal Planner] Copies of thee ;proposed Ordinance are on file with the Cleric 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 pricer to presentation of the agenda Item to be addressed: Individual speakers will be limited to 3 minutes on any item. The selection of an in- divldual to speak on behalf of an organization or group is encouraged. If recog- nized byth+e Chairman, a spokesperson for a group or organization may be allotted 10 minutes taspeak 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 ease, written materials intended to be considered by the Board shall be submitted to the appropriaite County staff a minimum of seven days: prier to the public'hearirig. All material used in pr sentaticrns before the Board Will become a permanent part of the record. Any person Who decides to appeal a decision of the Beard will need a record of the proceedings pertain Ing thereto and therefore, may need try ensure that a verbatim record of the procee�ngs is made, which record includes the testimony and evi- dence upon which the appeal is based, If you area person with a disability who needs any accommodation in order to par ticipa°te in this proceeding, 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 3335 Tamiarni Trail East, Building W, Maples, Florida 34112, (239)25 - 8384: Assisted listening devices for the hearing impaired are available in the County Corr missic,ners' Office, 80ARD OF COUNTY COMMISSiON'ERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DVVIGHT=E, BROCK, CLERIC By. Teresa Polaski, Deputy Clerk (5EAl_) September 7, 2011 Na1913986 I�7 Teresa L. Polaski From: NeetVirginia <VirginiaNeet @colIiergov.net> Sent: Tuesday, August 30,20114:00 PM To: Teresa L. Polaski Cc: Ashton, Heidi Subject: FW: Ad Confirmation Attachments: UAS6F78 jpg Should be OK as long as nothing else changed. (which I checked) Dinny - - - -- Original Message---- - From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Sent: Tuesday, August 30, 20113:57 PM To: NeetVirginia Subject: FW: Ad Confirmation <<UAS6F78.jpg>> I just need an ok on this one. She fixed the 84 -26 issue - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.com] Sent: Tuesday, August 30, 20113:45 PM To: Teresa L. Polaski Subject: Ad Confirmation NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 27, 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: PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 - 26, for swamp buggy grounds; and by providing an effective date. (Companion to Petitions DRI- 2006 -AR -10147 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner] Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) September 7, 2011 No1913986 Thank you for placing your ad. Date 08/30/11 Publication NDN Account Number 744102 Ad Number 1913986 Total Ad Cost $326.46 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. Teresa L. Polaski From: Sent: To: Subject: Thanks Emely Pagan / Legal Dept Naples Daily News 1100 Immokalee Road Naples, FL 34110 Direct Line: 239 - 213 -6061 Fax Line: 239 - 263 -4703 Pagan, Emely <EPagan @Naplesnews.com> Tuesday, August 30, 20114:08 PM Teresa L. Polaski RE: Ad Confirmation Send notices to: legals @naplesnews.com - - - -- Original Message---- - From: Teresa L. Polaski [mailto:Teresa.Polaski @collierclerk.com] Sent: Tuesday, August 30, 20114:02 PM To: Pagan, Emely Subject: RE: Ad Confirmation Looks good! - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.com] Sent: Tuesday, August 30, 20113:45 PM To: Teresa L. Polaski Subject: Ad Confirmation NOTICE OF INTENT TO CONSIDER ORDINANCE I� Notice is hereby given that on TUESDAY, September 27, 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: PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the appropriate zoning atlas C 0 P map or maps by changing the zoning classification of the herein described real property from the Agricultura (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 - 26, for swamp buggy grounds; and by providing an effective date. (Companion to Petitions DRI- 2006 -AR -10147 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner] Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) September 7, 2011 No1913986 Thank you for placing your ad. Date 08/30/11 Publication NDN Account Number 744102 Ad Number 1913986 Total Ad Cost $326.46 Please visit us on the web at www.colliercierk.com 8 C °' 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. 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 Kim Pokarney, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being'a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 7, 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 I year next preceding the first publication of the attached copy of advertisement; and affdant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said, nwspaper. Signature of affiant Sworn to and subscribed before me This 12th da of September, 2011 (Signature of notary public) .�' ` e;- KAROL E KA7rida It ° Notary Public - Stat My Comm. Expires J013 F FiU? Commission # D7 Ir1111 ac NOTICE OF INTENT TO CONSIDE &ORDINANCE Notice is hereby given that on TUESDAY, September 27, 2011, in the Boardroom, 3rd Hoot Adminrstratiorr -Building, Collier County. Government 3299 East Tamiami Trail, Naples, fl=,a;'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: PUDZ - 2004 -AR- 10146: Hacienda takes MPUD — An Ordinance of the Board of Coun - ty Commissi ners of Collier County, Florida amending Ordinance Number 200441, as amen the the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the ap- Propnate zoning atlas map' or maps by changing the zoning Classification of the herein describe( I property from the Agricukural (Aj, AgncuIt - Special Treat- ment Overlay A -S and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD)- zoning district for a project known as the. Hacienda Lakes MPUD *that will allow a.,rnoanWmum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical'office sppaaccee including a conversion of retail use to professional' and med- ical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing *swamp buggy' attraction and °Junior Deputy° passive recreation; and a maximum of 1,760 'residential dwelling units incI lny oarareLsions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C 951) at the intersection of Collier Boulevard. gnd Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25; Townsh�'p 50 South, Range 26 East, and Sections 19 end 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 - 26, for swampp buggy rounds; and by providing an ef- fective date. (Companion to Petitions DRI- 21�6AR -10147 and CP- 2006-11) [Coordin- ator: Kay Depelem, AICP, Principal Planner] ODPIN of th q proposed Ordinance are on file with the �c fp the Board and are avajlab(q fw ifisplectlan Alfil partks araimitedta 54pend and be heard. NOTE: All perstrns wl�frmg'to'speak orr =any agenda'rtem Inust register with the Co ty administrator poor to presentation of the agenda item to be addressed. •' riQGal spealSers will be,Nmited to 3 minutes on any item The selection of an in-' d. ual to Splak'o ka�jalf of an aeganlBation , gtqup Is encoura If recog- or °1etp "r' rspokespersoq for a grorlp !ir or izationq be, allotted Aa' yPealEori art (pen. Persons wishing to have written or graphic materials included in the Board agenda PackCts must submit saw minimum of 3.weeks r to the res ive Pu shhe .,pg r'1rt rgr c op�rhkIs nten t � considered grthe BBaad� If be jb tad totfte'.a my a.lniuimum of seven days, p!ipr to tfie p is hedring All miaterial used, in presentati before the Boad wdl becorhe a permane pa of.the record: Any person who decides to appeal a decision of the Board will need a record of the proceedings pertainin thereto and thergfore , may need to ensure that a verbatim rence qf: the Ings'is made ;vvh rerorA indur s the tedstlrhDny and evi- den upon which the appeal isbased " ff you are a person' with „a,cibtability'who needs airy accommodation in order to par - tiapate 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, Building W, Naples, Florida 34112, (239)252 80. ,Assisted listem devices for the hearing impaired srwavailable in the County Commis3ignrtrs' oO(�diicc�a BOARD t&tOUNTY COWISS�IE]tS COLLIER COUNTr FLORIDA FRED W, COY4,,CHAI4I4 AN'' DWIGHT E. BROCK, CLERK By Teresa PolaskixDgpyty Clerk (SEAL) ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP � S C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed muting 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 routin order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations Initial Applicable) 2. October 25, 2011 Agenda Item Number 8.0 3. . signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance / J Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 0 _ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. Initial Applicable) Agenda Date Item was October 25, 2011 Agenda Item Number 8.0 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance / J Number of Original 1 Attached 1 (� T Documents Attached INSTRUCTIONS & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 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 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! 6. The document was approved by the BCC October 25, 2011 and all changes made during the meeting have been incorporated in the attached document. The County �D Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 8 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 Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A), Agricultural- Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 2,262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business park or education facility; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 25th day of October, 2011. ATTEST:` `..t.� BOARD OF COUNTY COMMISSIONERS yap C�' �� DWI CII T .•BRflC ;fCLERK COLLIER COUNTY, FLORIDA }? A B By: rk FRED W. COYLE, Ch an if ... nactenaa °L.aKes,q,7 des r PUDZ- 2006- AW-,1.6146•" Page 2 of 3 BCC Approved 10/25/11. 8C " Approved as to form and legal sufficiency: tj dt 0((2 Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Owner Commitments Exhibit G — Master Use and Conversion List CP\ 10- CPS - 01024\ 118 Hacienda Lakes of Naples LLC PUDZ- 2006 -AR -10146 Page 3 of 3 BCC Approved 10/25/11 8C I , I EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE± TRACT "R" RESIDENTIAL 1,714 447.86 TRACT "R/MU" RESIDENTIAL/MEDICAL USE 25 min.* 38.82 TRACT `BP" BUSINESS PARK 1 35.38 TRACT "C" COMMERCIAL 17 min.* 34.16 TRACT "A" ATTRACTION 1 47.27 TRACT "P" PRESERVE 0 1,544.14 TRACT "PF" PUBLIC FACILITY 0 1.33 TRACT "JD" JUNIOR DEPUTY 2 21.62 TRACT "ROW" PUBLIC RIGHT -OF -WAY 0 72.01 TRACT "S" SCHOOL 0 19.55 Total 1,760 2262.14 *: Denotes the minimum number of dwelling units that must be constructed in the associated land use tract. Given that Tract C may generate up to 55 residential dwelling units, thirty (30 %) percent of those residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to have no less than 25 residential dwelling units constructed within that Tract. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C. GENERAL PERMITTED LAND USES Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this MPUD except for in the P, Preserve Tract. II TRACT "R ", RESIDENTIAL PERMITTED USES: Up to 1,760 residential units consisting of single family units and multi - family units are permitted in the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family, as defined in the LDC. Residential units may be converted to senior housing units or recreational vehicle (RV) units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD. 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: Single family detached dwellings; 2. Zero lot line, detached dwellings; 3. Two - family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 1 of 51 P 8 C Multi- family dwellings; 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B. In no instance shall greater than 450 senior housing units be developed in the entire MPUD; 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA, by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing, apartment rental, as well as resale and rental of units within the MPUD in perpetuity (group 6531); Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; 4. Horse stables and related equestrian facilities to serve the PUD that complement the MPUD's proximity to the Picayune Strand State Forest may be allowed on residential lands lying east of the proposed north/south public roadway, subject to applicable permitting. This private, non - commercial, accessory use is intended for stabling for residents of the PUD. Horse racing, dressage, or horse jumping events open to the public are prohibited; Private stables on single - family lots greater than 43,560 square feet in lot area, on residential lands lying east of the proposed north/south public roadway are permitted to allow one horse for each 21,780 square feet of lot area; 6. Horse trails. III TRACT "RV ": Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, other than the following: Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 2 of 51 8C A. Principal Uses: Recreational vehicle parks (Group 7033, recreational vehicle parks only), subject to the criteria contained in Exhibit B, and only in the location depicted on Exhibit C. In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. Except as provided herein, the RV District shall comply with the Land Development Code (LDC) including Sections 2.03.03.17 and 5.5.10. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; IV TRACT "R/MU ", RESIDENTIALIMEDICAL USE PERMITTED USES: Up to 1,760 residential units consisting of single family units and multi - family units are permitted in the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family as defined in the LDC. The residential units may be converted to senior housing units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000 square feet of gross floor area of medical office related land uses are also allowed in this tract, less up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line, detached dwellings; Two - family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); Multi- family dwellings; 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 3 of 51 L ;M for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B In no instance shall greater than 450 senior housing units be developed in the entire MPUD. 7. Drug Stores and Proprietary Stores (Group 5912). If this retail use is developed in the R/MU Tract then the square footage of gross floor area of this retail use shall reduce the square footage of gross floor area of retail uses permitted in Tract C.; Health Services, (Groups 8011 -8049, 8071 -8072, 8082, and 8092 - 8099); 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing; 3. Recreational facilities and structures to serve the PUD including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests. V TRACT "BP" BUSINESS PARK PERMITTED USES: Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135 rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of business park land uses could be exceeded if a hotel conversion to business park of up to 60,000 square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or BP, based on an approved plat or SDP, then the hotel conversion shall terminate. Tract `BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy land uses and facilities. This acreage is meant to provide for a transition from the Attraction land uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be developed for either a business park or a school. If the Tract is developed as a school, only those uses permitted in Section XI below shall be allowed. Should the 35.38 acre tract be proposed for development as a business park, 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. Apparel and other finished products (groups 2311- 2399); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 4 of 51 • 2. Building construction (groups 1521- 1542); 3. Business services (group 7311); 4. Communications (groups 4812 -4899, including communication towers limited in height to 100 feet); 5. Construction: Special trade contractors (groups 1711 - 1799); 6. Depository and non - depository institutions (groups 6081, 6082); 7. Drugs and medicines (groups 2833 - 2836); 8. Eating places (group 5812, not including fast foods, walk -up windows and drive - thru restaurants); 9. Educational services (groups 8221 - 8299); 10. Electronics and other electrical equipment manufacturing, indoor only (groups 3612- 3699); 11. Engineering, accounting, research, management, and related services (groups 8711- 8748); 12. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099); 13. Furniture and fixtures manufacturing (groups 2511- 2599); 14. Government offices /buildings (groups 9111 -9222, 9224 -9229, 9311, 9411 -9451, 9511 -9532, 9611 - 9661); 15. Health services (groups 8011 - 8049); 16. Industrial and commercial machinery and computer equipment (groups 3524, 3546, 3571 - 3579); 17. Industrial inorganic chemicals (groups 2833, and 2844); 18. Job training and vocational rehabilitation services (group 8331); 19. Leather and leather products (groups 3131- 3199); 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812 - 3873); 21. Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092,8093); 22. Miscellaneous manufacturing industries (groups 3911 - 3999); 23. Motion picture production (groups 7812 - 7819); Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 5 of 51 i F 24. Motor freight transportation and warehousing (group 4225, mini- and self- storage warehousing only), subject to the following criteria: i. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right -of -way is prohibited; and ii. Access to individual units whether direct or non - direct must be from the side of the building that is oriented internally; iii. No building shall exceed 100 feet in length when adjacent to a residential tract within the MPUD; iv. No outdoor storage of any kind is permitted, and v. Storage units shall be utilized for storage purposes only. 25. Printing, publishing and allied industries (groups 2711- 2796); 26. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053); 27. Security /commodity brokers (group 6211); 28. Transportation equipment (groups 3714, 3716, 3732, 3751, 3792, 3799); 29. U.S. Postal Service (group 4311); 30. Wholesale trade durable goods (groups 5021, 5031, 5043 -5049, 5063 -5078, 5091, 5092, 5094 - 5099); 31. Wholesale trade non durable goods (5111 -5153, 5181, 5182, 5191, except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential tract within the MPUD, 5192 - 5193); 32. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals. B. Limited Principal Uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business Park tract: 1. Business services (7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, no labor pools, 7371 -7384, 7389); 2. Child day care services (group 8351); 3. Depository and non - depository institutions (groups 6021 -6062, 6091, 6099, 6111- 6163); 4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health service groups and medical laboratories /research /rehabilitative groups; Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 6 of 51 '8C Hotels (group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. Hotel square footage does not reduce the business park square footage cap. If the hotel conversion is applied to Tract BP, then a hotel is not permitted; 6. Membership organizations (group 8611); business associations (group 8621); professional organizations (8631); labor unions and similar labor organizations; Personal services (groups 7215 -7231, 7241); Physical fitness facilities and bowling centers (groups 7991, 7933); Professional offices; insurance agencies (group 6411); insurance carriers (groups 6311 - 6399); real estate (6531, 6541, 6552, 6553); holding and other investment offices (groups 6712- 6799); attorneys (group 8111); 10. Travel agencies (group 4724). C. Uses Accessory to Principal and Limited Uses: Uses and structures that are accessory and incidental to uses permitted as of right; 2. One (1) caretaker's residence within Tract BP, Business Park Tract, subject to the following: i. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted; ii. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure; iii. Off - street parking shall be as required for a single - family residence. For primary business park uses, retail sales and /or display areas as accessory to the principal uses shall not exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. VI TRACT "C" COMMERCIAL PERMITTED USES: Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross floor area of professional and medical office uses reduced by medical - related retail use square footages approved by SDP in Tract R/MU and reduced by up to 50,000 square feet of gross floor area of professional and medical office land use square footages approved by plat or SDP in Tract R/MU. The 70,000 square feet of professional and medical office may be exceeded if the retail land uses are converted to office thereby reducing the retail square footage, not to exceed 25% of the retail land use allocation. Additionally, a hotel of up to 135 rooms and up to 92,000 square feet of gross floor area shall be allowed in Tract C unless a hotel is developed within Tract BP or if the hotel use is converted to BP uses in Tract BP based on an approved plat or SDP. 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: Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 7 of 51 [Ih A. Principal Uses: 1. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2. Multi - family dwellings; 3. Residential land uses integrated into commercial buildings with residential units located above commercial land uses to create a mixed -use building; 4. Accounting, auditing and bookkeeping services (group 8721); 5. Adjustment and collection services (group 7322); 6. Advertising agencies (group 7311); 7. Advertising — miscellaneous (group 7319); 8. Amusements and recreation services, indoor (groups 7911 -7922, 7991, 7993, 7999, only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and golf cart rentals); 9. Apparel and accessory stores with (groups 5611- 5699); 10. Auto and home supply stores (groups 5211 -5261, and 5531); 11. Automotive dealers, not elsewhere classified (group 5599); 12. Automobile parking (group 7521), including garages - automobile parking, parking structures, no towing yards; 13. Automotive repair, services and parking (groups 7513 — 7533, 7536 - 7549); 14. Barber shops (group 7241), except barber schools; 15. Beauty shops (7231), except beauty schools; 16. Boat dealers (5551); 17. Bookkeeping services (8721); 18. Bowling centers, indoor (7933); 19. Building construction — General contractors (groups 1521 — 1542); 20. Building materials, hardware and garden supplies (groups 5211 - 5261); 21. Business associations (group 8611); 22. Business consulting services (group 8748); 23. Business credit institutions (groups 6153- 6159); Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 8 of 51 8C 24. Business services (groups 7311 -7353, 7359, except labor contractors, 7371 -7379, 7381 except armored car and dog rental, 73 82 -73 89 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, press clipping service, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service); 25. Cable and other pay television services (group 4841); 26. Senior housing for persons over age 55, limited to independent and assisted living facilities, continuing care retirement communities, and nursing homes. This housing is included in the retail square foot limitation and no greater than 450 senior housing units shall be developed in this entire MPUD; 27. Child day care services (8351); 28. Commercial printing (2752, excluding newspapers); 29. Civic, social and fraternal associations (group 8641); 30. Coin operated amusement devices, indoor (group 7993); 31. Communications (groups 4812 -4841) including communications towers up to specified height, subject to LDC Section 5.05.09; 32. Construction — special trade contractors (groups 1711 — 1793, 1796, 1799); 33. Dance studios, schools and halls (group 7911); 34. Drug stores (group 5912); 35. Depository institutions (groups 6011- 6099); 36. Eating and drinking establishments (group 5812, and group 5813) excluding bottle clubs. Outdoor amplified sound is prohibited; 37. Educational services (groups 8221, 8222, 8243 — 8249); 38. Engineering, accounting, research, management and related services (groups 8711- 8748); 39. Food stores (groups 5411 - 5499); 40. Gasoline service stations (group 5541 subject to LDC requirements); 41. General merchandise stores (groups 5311, 5331 - 5399); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 9 of 51 8 C*""" 42. Glass and glazing work (1793); 43. Health services (groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 - 8099); 44. Home furniture, furnishing, and equipment (groups 5712 - 5736); 45. Hotels and motels (groups 7011, 7021, and 704 1) only if a hotel is not built in Tract BP and the hotel conversion is not applied to Tract BP; 46. Insurance carriers, agents and brokers (groups 6311 -6399, 6411); 47. Landscape architects, consulting and planning (group 0781); 48. Legal services (group 8111); 49. Libraries (group 8231); 50. Management and public relations services (groups 8741 -8743, 8748); 51. Membership organizations (8611- 8699); 52. Membership sports and recreation clubs, indoor (group 7997); 53. Miscellaneous personal services (7291, 7299, debt counseling only); 54. Miscellaneous repair services (groups 7622 — 7699); 55. Miscellaneous retail (groups 5912 -5963, 5992 - 5999); 56. Motion picture theaters (group 7832); 57. Motorcycle dealers (group 5571); 58. Motor freight transportation and warehousing (group 4225 mini- and self - storage warehousing only); 59. Museums and art galleries (group 8412); 60. Non - depository credit institutions, and loan brokers (groups 6111- 6163); 61. Offices for engineering, architectural, and surveying services (groups 0781, 8711- 8713); 62. Paint, glass and wallpaper stores (5231); 63. Passenger car leasing (group 7515); 64. Passenger car rental (group 7514); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 10 of 51 8C 65. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291, 7299, excluding massage parlors, escort services, steam baths, Turkish baths and tattoo parlors); 66. Photographic studios (7221); 67. Physical fitness facilities (7991); 68. Political organizations (group 8651); 69. Printing, publishing, and allied industries (groups 2711, 2721); 70. Professional membership organizations (group 8621); 71. Public Administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661); 72. Public or private parks and playgrounds; 73. Public relations services (group 8743); 74. Radio, television, and consumer electronics stores (group 5731); 75. Radio and television broadcasting stations (groups 4832, and 4833); 76. Real estate (group 6512, 6531- 6552); 77. Record and prerecorded tape stores (group 5735), excluding adult oriented rentals and sales; 78. Recreational vehicle dealers (group 5561); 79. Religious organizations (group 8661); 80. Research, development, and testing services (group 8731- 8734); 81. Retail nurseries, lawn and garden supply stores (group 5261); 82. Security and commodity brokers, dealer, exchanges and services (groups 6211- 6289); 83. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922- 7929); 84. Tour operators (group 4725); 85. Travel agencies (group 4724); 86. United States Postal Service (4311 except major distribution center); Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 11 of 51 II 87. Veterinary services (groups 0742, 0752 excluding outside kenneling); 88. Videotape rental (7841), excluding adult oriented rental and sales; 89. Vocational schools (groups 8243 - 8299); 90. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. A. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Eating/ Picnic Area; 3. One (1) caretaker's residence within the C, Commercial Tract; 4. Child care, outdoor play areas. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: a. A minimum five -foot, six -inch high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; b. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure; c. The play equipment shall be set back a minimum distance of five feet from the required fence and from the principal structure. 5. Kiosks, that are small separate structures, often movable and open on one or more sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks shall not to exceed 200 square feet.; VII TRACT "A" ATTRACTION PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: "Swamp Buggy" race track (group 7948, swamp buggy track only); 2. County fair and similar expositions, including circuses, carnivals, and other recreation /entertainment activities; Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 12 of 51 r 1 8 C "'44 " 3. Exhibition hall /community center; 4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor recreational sports and activities and shall not be limited in the number of occurrences; 5. Indoor target ranges, including archery; 6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized vehicle race track only); 7. Motocross (including bicycle and motorcycle) race course (group 7948, motocross race course only); 8. Stadium, training, and practice facilities for professional baseball (group 7941). This use is allowed only if a Notice of Proposed Change or Substantial Deviation Application for Development Approval is processed in accordance with Section 380.06, F.S., or any successor statute, and the Hacienda Lakes DRI is amended. If state law changes such that DRI review or other state review is no longer required then this provision shall terminate; 9. Administrative offices and supportive service facilities; 10. Any other use or structure that is comparable in nature to the foregoing and that is approved by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Any accessory uses and structures that are incidental to and customarily associated with those uses permitted herein; 2. Onsite water management, utility, and service facilities; 3. Signs as permitted or required by the applicable Collier County Land Development Code at the time of application for construction permits; 4. Residential facilities (one (1) residential unit within the A, Attraction Tract) for housing of security personnel or caretakers whose work requires residence on the property; 5. Concessions, ticketing, bleachers, and other spectator - related facilities; 6. Picnicking and playground areas, as well as areas for camping that may be utilized only three days prior to, during, and three days after a major event weekend. C. Conditional Uses: Fuel storage and related facilities. Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 13 of 51 8C � j VIII TRACT "P" PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Upland preserves; 2. Wetland preserves; B Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures; 3. Archaeological sites and associated research of said sites. IX TRACT "PF" PUBLIC FACILITY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Public safety facilities intended to provide emergency medical, ground transportation services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Administrative offices and support service facilities; 3. Lighting or storm water management facilities and structures. X TRACT "JD" JUNIOR DEPUTY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 14 of 51 8C � 1, A. Principal Uses: 1. Open space and outdoor recreational uses, including, but not limited to hiking, biking, fishing, boating, camping, picnicking and nature trails; 2. Sporting and recreational camps; 3. Caretaker's residence, limited to two for the JD, Junior Deputy Tract. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks; 2. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen/plastic sheeting, or walls), which may include kitchen/cooking facilities, office and restroom facilities; 3. Passive parks and passive recreational uses; 4. Pervious roads, driveways, and pervious and /or impervious parking facilities; 5. Project identification and directional signage; 6. Water management structures; 7. Restrooms /bath houses; 8. Roofed or unroofed storage for maintenance and recreational equipment; 9. Fencing and security gates, which may include barbed wire; 10. Archery and air rifle range(s). XI TRACT "S" SCHOOLS PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Schools, public or private, including Educational Services (Group 82). Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 15 of 51 8C 4" B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Educational facilities; 2. Parking facilities and signage; Administrative offices and support service facilities; 4. Lighting or storm water management facilities and structures; Recreational facilities. XII SIGNS: A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing, proposed, or future public roadways as depicted and labeled "Boundary Marker" on Sheets 3 and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development (See Exhibit E, Deviation #3). B. One real estate sign shall be permitted in the Commercial Tract for the purposes of marketing residential products within the MPUD. This additional real estate signage may be utilized by any of the developers of the residential communities within the MPUD (See Exhibit E, Deviation #6). C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C. (See Exhibit E, Deviation #7) Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 16 of 51 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: t, 8C Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Conversion of residential land use types are provided for below which may be utilized to apportion units to senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and their relation to public facility impacts. Table I below, sets forth the development standards for residential land uses within the MPUD, including residential land uses that are required to be developed in Tracts C and R/MU. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Figures 1 thru 7 generally depict typical development standards for the various residential products. Table II below, sets forth the development standards for commercial land uses, senior housing units, and public facility land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table III below, sets forth the development standards for the business park land uses and school land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered conceptual in nature. The design, location, and configuration of land improvements shall be defined at either site development plan, or construction plans and plat approval(s). 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. MAXIMUM DENSITY AND INTENSITY: Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a density of 0.78 dwelling units per gross acre. The 1,760 residential units are either single- or multi - family units as defined in the LDC. No more than 1,232 multi - family units may be constructed in the entire PUD. Caretakers residences shall be deducted from the 1,760 unit allocation. A minimum of 25 residential units shall be constructed in the R /MU Tract, and a minimum of 17 residential units shall be constructed in Tract C. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 17 of 51 LAND USE CONVERSION FACTORS Residential Density: 1.0 residential unit equates to 2.73 Recreational Vehicle units /spaces (not to exceed 290 RV units in the entire PUD), or 4 Senior Housing Units (not to exceed 450 Senior Housing Units in the entire PUD). Up to 1,232 of the total 1,760 residential units may be multi - family as defined in the Land Development Code. Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of medical office uses, 20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross floor area of business park land uses, and 135 hotel rooms. In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed 92,000 gross square feet, 704 single - family units, and 1,056 multi - family units. However, the hotel shall not count against the 140,000 square foot cap associated with the business park. Should the BP Tract not be developed as a business park but be developed as a school facility (excluding Collier County School District public schools), such facility shall not exceed the maximum 140,000 gross square feet allowed in that Tract. The developer shall be allowed to convert retail land uses to office land uses at a one to one (1:1) ratio, not to exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract. The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not to exceed 92,000 square feet to 60,000 square feet of gross floor area of business park land uses. All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the overall trip and land use cap. Senior Housing Intensity: The intensity of any senior housing project shall have a maximum Floor Area Ratio (FAR) of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of single family and multi - family residential units, as those units are defined in the Land Development Code. The development may include in excess of 1,760 residential units if some are developed as senior housing units. With the exception of senior housing development in the C, Commercial Tract, senior housing units shall be developed through the conversion of residential land uses. Residential units shall be allowed for conversion to senior housing units based on the Land Use Conversion Factors, above. However, 1 single - family dwelling unit equates to 1 single - family style independent living units. In no instance shall greater than 450 senior housing units be developed in the entire MPUD. Total Project Intensity: In no event shall the project exceed 3,328 pm Peak Hour Trips. Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care /housing facilities. These care /housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 18 of 51 LIB] • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents. • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. Recreational Vehicle Park Criteria • Any RV Park may be located in one location as generally depicted on Exhibit C, MPUD Master Plan. • This area shall be developed either with an RV Park or residential land uses, and not be a combination of both. • The RV Park shall be limited to Class A motorcoaches only. • In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. • The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [not less than 20 acres]. • The Lord's way shall be the principal access to Collier Boulevard (CR -951). • A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sign Development Standards Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of sign content area (See Exhibit E, Deviation #3). Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development. Any signage proposed for identifying the on -site Swamp Buggy Attraction land use in the Commercial Tract may be illuminated and manually changeable so the traveling public may learn of upcoming events in the Attraction Tract. Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the purposes of providing for signage within the Commercial Tract. Site Development, or Plat Approval • At the time of each development order application subsequent to rezone approval, the developer or its successors and assigns shall submit a list of previously approved land uses (approved via site development plan, or plat), and the trips, commercial square footage and residential units consumed to date. Developer shall also provide to County a copy of its master list of land uses and converted uses for this PUD with each SDP or plat application in the form attached as Exhibit G. Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 19 of 51 '8C TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SETBACK SINGLE ZERO LOT TWO TOWNHOUSE MULTI- CLUB RECREAT- FAMILY LINE FAMILY/ FAMILY HOUSE/ IONAL DETACHED DUPLEX DWELLINGS REC- VEHICLE REATION PARKS BLDGS PRINCIPAL STRUCTURES Minimum Lot Area 4,800 SF 4,000 SF 3,500 SF per 1,800 SF per lot 1 acre 800 SF per lot 10,000 SF space/unit Minimum Lot Width 40' 35' 35' per lot 18'per lot or 150' 35' unit N/A 15' or % BH, 15' or'' /z BH, 15' or '/2 BH, 15' or % BH, 15' or 1/2 BH, 15' or 1/2 BH, 15' Minimum Distance From whichever is whichever is whichever is whichever is whichever is whichever is MPUD Boundary ** reater. greater. greater. greater. greater. greater. 20', or 15' 20', or 15' 20', or 15' 20' 20' or '/2 BH, 10' with side with side with side whichever is Front Yard Setback load garages I load garages load garages greater. N/A Side Yard 6' 0' or 10' 0' or 6 0' or 6' '/1 BH 5' N/A Rear Yard 15' 15' 15' 15' 15' or %2 BH, 8' whichever is greater N/A From Preserve 25' 25' 25' 25' 25' 25' 25 Maximum Zoned Height 35' 35' 35' 45' 75' 40' 30' Maximum Actual Height 42' 42' 42' 50' 85' 50' 35' Floor Area Minimum SF 1200 SF 1000 SF 1000 SF 900 SF 750 SF N/A N/A Minimum Distance 15' or 1/2 10' 12' 10' 12' 12' /� SBH Principal Structures whichever is greater ACCESSORY STRUCTURES Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' SPS From Preserve 10' 10' 10' 10' 10' 10' 10' Minimum Distance 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10' 0' or 10' Minimum Distance 0' OR 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10' 0' or 10' Maximum Zoned Height SPS SPS SPS SPS 35' SPS SPS Maximum Actual Height SPS SPS I SPS SPS SPS 35' SPS Minimum Distance From 15'or % BH 15' or ''/7 BH 15' or % BH 15' or % BH 15' or % BH 15' or '/2 BH 15' or % BH MPUD Boundary** whichever is whichever is whichever is whichever is whichever is whichever is whichever is greater greater I greater greater greater greater I greater SPS: Same as Principal Structure LL: Lot Line BOC: Back Of Curb Paseo: A pedestrian only access way to and from residences. N /A: Not Applicable BH: Zoned Building Height SBH: Sum of Building Heights * *Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 20 of 51 8C General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. PROf LI Figure 1 Terraced Setbacks Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 21 of 51 r8c 1 PRESERVE ' MIN. YARD ACCESSORY TRUCTU RE SETBACK 10 FOOT MINIMUM ACCESSORY /�REAR STRUCTURE SETBACK FROM PRESERVE I I 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL I ACC. STR. STRUCTURE SETBACK_ FROM PRESERVE I 1 6' MIN. I 12' MIN 6' MIN. I 6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK 1 PRINCIPAL I 23' MIN. STRUCTURE I I MP.) I I FRONT YARD PRINCIPAL I ?15' - - I FRONT YARD PRINCIPAL STRUCTURE SETBACK I MIN, 1 20' MIN •- 23' MIN. STRUCTURE SETBACK ROW 5' SIDEWALK-- BACK OF CURB 10' MIN. CENTERLINE i - - - - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single - Family Units i PRESERVE 5' MIN. REAR YARD ACCESSORY STRRC URE SETBACK 10 FOOT MINIMUM ACCESSORY I STRUCTURE SETBACK I I I FROM PRESERVE I I I I I 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL I ACC. STR. I I I STRUCTURE SETBACK FROM PRESERVE 1 1 I I I I I 10' MIN. 10' MIN. 10' MIN. I_-0' MIN. SIDE YARD PRINCIPAL I I I I STRUCTURE SETBACK I 1 PRINCIPAL 1 1 23' MIN. STRUCTURE I I ( I 1 (TYP•) I I I I FRONT YARD PRINCIPAL I I - II'"�FRONT YARD PRINCIPAL STRUCTURE SETBACK I I I 20 21 3� II STRUCTURE SETBACK 15' MIN. M N. ROW -MIL 5' SIDEWALK - BACK OF CURB 10' MIN. CENTERLINE - - - - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single - Family /Zero Lot Line Units Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 22 of 51 10 FOOT MINIMUM ACCESSORY -. STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE PRESERVE 5' MIN. REAR YARD ACCESSORY ✓�� ✓�� /'J STRUCTURE SETBACK I I I H I I f 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK ACC. SIR. I ACC. M. 'd-6'I I I i MIN. I F11MIN. I I NO SIDE YARD REQUIRED FOR F- ATTACHED PRINCIPAL UNITS I I I I I I I PRINCIPAL I 23' MIN. STRUCTURE 6' MIN. SIDE YARD PRINCIPAL I 1 I I (TYP.) I i I I i I STRUCTURE SETBACK 1 I FRONT YARD PRINCIPAL I I I -r - I - I FRONT YARD PRINCIPAL STRUCTURE SETBACK 1 1 i 20 2' I STRUCTURE SETBACK 15' MIN. MI M 71-T, ROW _ 5' SIDEWALK -- BACK OF CURB 10' MIN. CENTERLINE - - -} - - - - j ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 4 Duplex and Two - Family Units PRESERVE 1 5' MIN. REAR YARD ACCESSORY 10 FOOT MINIMUM ACCESSORY _ _ _ _ _ _ r Z-15' STRUCTURE SETBACK STRUCTURE SETBACK I � � � MIN. REAR YARD PRINCIPAL FROM PRESERVE 1 I I I I STRUCTURE SETBACK I 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE FRONT YARD PRINCIPAL STRUCTURE SETBACK 5' SIC BACK OF PRINCIPAL Sr, M1 Mimi ACC. STR. - ACCESSORY STRUCTURE ATTACHED PRINCIPAL UNITS I I 6 MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK 1 I NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single - Family and Townhouse Units Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 23 of 51 PRESERVE 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM I ACC. STR. PRINCIPAL STRUCTURE I (TYP.) SETBACK FROM PRESERVE 1/2 BUILDING HEIGHT MNIMUM SIDE YARD PRINCIPAL I STRUCTURE SETBACK I TRACT UNE-\ FRONT YARD PRINCIPAL I STRUCTURE SEMMA ACCESS EASEMENT/ROW 5' SIDEWALK BACK OF CURB CENTERLINE - 4 ACC. STR. - ACCESSORY STRUCTURE Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 8C STRUCTURE SETBApC TRACT LINE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 6 Multi- Family Units 1/2 THE SUM OF THE HEIGHTS MINIMUM SIDE PRINCIPAL STRUCTURE Page 24 of 51 STRUCTURE SETBACK m TABLE II COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC FACILITY, AND SENIOR HOUSING DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM LOT BOUNDARY) 25 FEET OR %z THE BUILDING HEIGHT, WHICHEVER IS GREATER * ** 10 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES * * ** 25 FEET 10 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR' /2 THE SUM OF BUILDING HEIGHTS* 10 FEET MAXIMUM ZONED HEIGHT 50 FEET * * * ** 25 FEET MAXIMUM ACTUAL HEIGHT 60 FEET * * * ** 30 FEET MINIMUM FLOOR AREA — COMMERCIAL MINIMUM FLOOR AREA — SENIOR HOUSING MINIMUM FLOOR AREA — PUBLIC FACILITY 600 SQUARE FEET ** 350 SQUARE FEET 1,500 SQUARE FEET N/A N/A N/A MIN. GROSS FLOOR AREA PER UNIT 600 SQUARE FEET ** 80 SQUARE FEET ** * Whichever is greater ** Not applicable to kiosks * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. * * * * Principal and Accessory Structures shall not protrude or encroach into any required landscape buffer. * * * * * except that a hotel, destination resort, senior housing or mixed use building may be up to 75 feet in zoned height and 85 feet in actual height. Note: Any independent living unit proposed for development in a single - family type of configuration shall comply with the development standards for single - family land uses set forth in Table I. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 25 of 51 [I�7 TABLE III BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS (EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 8,000 SQUARE FEET N/A MINIMUM LOT WIDTH 80 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT 50 FEET * ** 10 FEET BOUNDARY) — BUSINESS PARK MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) — SCHOOL 50 FEET * ** 25 FEET MINIMUM YARDS (MEASURED FROM MPUD N/A N/A BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR' /2 THE SUM OF 10 FEET STRUCTURES - BUSINESS PARK BUILDING HEIGHTS MIN. DISTANCE BETWEEN or 18 FEET 10 FEET STRUCTURES - SCHOOL MAXIMUM ZONED HEIGHT - BUSINESS PARK 35 FEET 35 FEET MAXIMUM ZONED HEIGHT - SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT — BUSINESS PARK 50 FEET 35 FEET MAXIMUM ACTUAL HEIGHT - SCHOOL 60 FEET 60 FEET MINIMUM FLOOR AREA — BUSINESS PARK 1000 SQUARE FEET N/A MINIMUM FLOOR AREA — SCHOOL or 350 SQUARE FEET 35 SQUARE FEET MIN. GROSS FLOOR AREA PER UNIT BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET SCHOOL N/A N/A * Whichever is greater * ** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. The Lord's Way Access Improvements: In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the Developer with roadway facilities as depicted by LDC Appendix B -4, a Commercial/Industrial typical roadway section, prior to the issuance of the first certificate of occupancy for a business park land use. In the event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by the Developer as depicted by LDC Appendix B -3, a Local Street typical roadway section. Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 26 of 51 TABLE IV ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1 ACRE N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM TRACT BOUNDARY) 20 FEET, PLUS 1 FOOT FOR EACH 2 FEET OF BLDG. HT. OVER 50 FEET 20 FEET MINIMUM YARDS (MEASURED FROM MPUD BOUNDARIES 25 FEET 20 FEET PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR' /z THE SUM OF BUILDING HEIGHTS* 10 FEET MAXIMUM ZONED HEIGHT 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET MINIMUM FLOOR AREA 1000 SQUARE FEET ** N/A * Whichever is greater ** Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the utilization of the attraction facilities, which have no minimum floor area limitations Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated at the rate of one parking space for each 1000 square feet of covered camping pavilion. Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit projectiles from exiting the range area. 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HACIENDA LAKES Q50150.020J p,A1 ) 1'° ' °" "m "r OVERALL MPUD/DRI CONSULTING QvHB� 7'..203Po2 MS.J MPUD /DRI j " 'j JL Unaft a M� <�«H° MASTER PLAN DHN '8C EXHIBIT D LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °1 1'14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S.89 009'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89° 11'01 "W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 013'35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N.00 014'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 007' 13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.01'04'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 °01'58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S.01 018'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S.89 022'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 014'38 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 001'58 "W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 °01'58 "W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01 °01'15 "E. FOR 1699.99 FEET; THENCE S.89 °01'58 "W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 °01'58 "W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 051'54 "E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °48'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 048'45 "E. ALONG SAID WEST Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 29 of 51 AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 °49'30 "E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °49'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE 5.00 047'37 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 °27'14 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE 5.00 047'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87 °28'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °38'50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.0004 1'44"E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 040'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 036'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE 5.87 °26' 11 "W. ALONG THE NORTH LINE OF SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 035'02 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE 5.00 °38'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 032'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 °35'02 "W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE 5.87 °33'59 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00 °38'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE 5.87 °37'27 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE 5.00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE 5.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 034'58 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 041'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.87 041'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S.00 026'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 30 of 51 NORTHEAST QUARTER; THENCE 5.87 °33'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 °12'42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.03 °39'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S.87 007'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE 5.87 °07'13 "W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE 5.03 °18'31 "E. FOR 1451.00 FEET; THENCE N.88 056'54 "E. FOR 1582.00 FEET; THENCE S.00 °31'35 "E. FOR 1130.61 FEET; THENCE S.89 °15'59 "E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 057'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE 5.00 037'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 034'43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 °41'48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89 023'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89 022'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00 052'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 °46'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 °49'34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 057'58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE S.01 012'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING. 101,084,043 SQUARE FEET OR 2,320.6 ACRES +/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL "A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE 5.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES PARCEL "B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 040'10 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °56'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 31 of 51 8C�i 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 °23'02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.0I 000'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES +/- Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 32 of 51 8C '"I EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 6.06.0l.B, related to streets in subdivisions, that requires subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate access easements rather than platted road rights -of way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall /berm combination. Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.5., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof will not be required on the Business Park Tract along the frontage of Lord's Way. Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the Commercial Tract. Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and /or a new sign can be permitted in Tract C. Deviation #8 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 33 of 51 8C ' I EXHIBIT F LIST OF OWNER COMMITMENTS For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of Naples, LLC, its successors, and/or assigns. The owner commitments below shall not be enforceable upon Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc. LEGAL A. Access to Parcel "A ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via a new roadway easement from Owner that shall be recorded in the public records of Collier County, and shall run in a north -south direction from the existing thirty-foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval of this PUD. B. Access to Parcel "B ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505, O.R. Book 622, Page 1609, O.R. Book 245, Page 124, and O.R. Book 287, Page 18. C. No existing public access /roadway easements shall be vacated to preclude access to off -site private and public lands without providing replacement access easements. This new roadway easement shall be equivalent to the existing easement and shall be recorded concurrently with the vacation. II ENVIRONMENTAL A. Native vegetation shall be preserved in this MPUD in accordance with the table below: Hacienda Lakes Native Preserve Summary Description Total Urban ac Rural ac Project Area 2262.14 625.07 1637.07 On -Site Native Vegetation 1721.97 295.38 1426.59 Less the Native Veg Within Rattlesnake Hammock Ext. 2.02 2.02 0.00 Less the Native Veg Within The Lords Way Ext. 0.42 0.42 0.00 Less the Native Veg Within the Benfield Road Corridor 12.91 5.01 7.90 Less the Native Veg Within Archaeological Preserves 6.07 1.06 5.02 Native Vegetation For Requirement Calculations 1700.54 286.87 1413.67 Percentage for required Native Preserve - 25% Required Native Vegetation* <921.09 71.71 <849.38 Preserved Native Vegetation'* 1395.35 40.81 1352.57 Compensating Native Preserve 2x URF Deficit ** 61.80 Total Preserve Area 1544.14 53.06 1491.08 Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 34 of 51 8C, � * Native Preserve Requirement (LDC Subsection 2.05.02.B.2.g.ii.) of 90% within the RFMUD Sending Lands exceeds 60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall be the required Rural native vegetation area. ** Compliance with LDC Subsection 3.05.07 1-1.1.a., requires native vegetation planting enhancement of a minimum of 12.24 acres of the project's URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the adopted GMP amendment. B. A Wetland Mitigation/Monitoring plan is to be submitted once approved from SFWMD, for County review. C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan accepted by Collier County as contained in the Environmental Impact Statement. D. An updated listed species survey for the future development areas shall be submitted prior to the next development order approval. E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to the first preliminary acceptance. III ENGINEERING A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/951 over the Henderson Creek Canal. IV ARCHAEOLOGICAL and HISTORIC RESOURCES A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP, Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set. These sites must remain undeveloped. A public access easement around the archaeological sites for potential digs and further study has been provided. Disturbance to these five protected archaeological sites may only occur with County approval and approval of the State Division of Historical Resources, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. B. Historical /archeological areas are not used to meet preserve requirements because if an archaeological dig is required, then native vegetation would have to be removed. V EMERGENCY MEDICAL SERVICES A. In order to mitigate for the project impacts and demand on Emergency Medical Services (EMS), the developer shall provide a one acre parcel to Collier County. This public facility site is identified as "PF" on the MPUD Master Plan (Exhibit Q. The dedication of the one acre site shall be by deed to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. The valuation of the one acre site dedication has been determined to be $30,000 per acre, for the purposes of the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no later than at the time the 500th residential unit is included in a development order request (site development plan, or plat), subsequent to the adoption of the DRI Development Order. If Owner conveys to County mitigated land for the real property conveyances described in this paragraph, then Owner shall be entitled to an EMS impact fee credit for the value of the Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 35 of 51 8C mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify this cost. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. State and Federal mitigation does not include County required mitigation. In lieu of EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County -owned State or Federal panther and wetlands credits equal to the value of the EMS impact fee credits calculated pursuant to this paragraph. VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord's Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA I. The Owner shall construct (here forward to mean "constructed to meet minimum County requirements for acceptance "), at its sole expense without road impact fee credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the County at the County's request. ") of all of such improvements, the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 36 of 51 Figure 1— Hacienda Lakes DRI - Commitment I Legend {� Existing Lanes/Turn Lanes L Lanes /Turn Lanes to be Constructed /Reconstructed Roadway Segment to be Constructed ® Potential Areas to be Developed w 0 m v co, -- J �► r 7 Rattlesnake Hammock Roadlfxtension ry � Residential Pod A Florida Power Line Easement IL The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 20,000 Square Feet of General Office, and; 50,000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to Commitment I), and; Remaining portion of Residential Pod A (if applicable pursuant to Commitment I), and; Required residential uses within Activity Center land use; Hacienda Lakes, PUDZ- 2006 -AR -10146 Approved CCPC Consent — Rev. 09/15/11 Page 37 of 51 These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 38 of 51 Figure 2 — Hacienda Lakes DRI - Commitment II 1 Legend 4 Existing Lanes/Turn Lanes Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Ell Area Previously Developed FArea to be Developed Potential Area to be Developed v 0 m° o - U fM qRattlesnake Hammock Road Extension, Residential Pod A Florida Power Line Easement III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 38 of 51 k g of construction, and shall include the fair market value of the land or easement when the Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $30,000 per acre. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed a site - related improvement. Figure 3 — Hacienda Lakes DRI - Commitment III v 0 0 m `w 0 U a Rattlesnake Hammock Road Extensior, rl Residential Pod A / \ `> N x.. Florida Power Line Easement 0 NORTH AREA ..I t. Z. Residential Pod B N. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 39 of 51 Leaend Existing Lanes/Turn Lanes L Lanes /Turn Lanes to be Constructed /Reconstructed -� Roadway Segment Previously Constructed Roadway Segment to be Constructed 11 Area Previously Developed Area to be Developed v 0 0 m `w 0 U a Rattlesnake Hammock Road Extensior, rl Residential Pod A / \ `> N x.. Florida Power Line Easement 0 NORTH AREA ..I t. Z. Residential Pod B N. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 39 of 51 N O v 0 Figure 4 — Hacienda Lakes DRI - Commitment IV Residential Pod C 1' S 1 Florida Power Line Easement 4# Rattlesnake Hammock Rm o xtension Residential Pod A ® Le to d 4 Existing Lanes /Turn Lanes L Lanes/Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed I•� Residential Pod B 8C'� V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and construct the extension of The Lord's Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition, when the Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. These improvements are site - related improvements. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: Business Park, and; Residential Pod D. Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 40 of 51 8C These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. I Figure 5 — Hacienda Lakes DRI - Commitment V / Florida Power Line Easement Residential f� Pod C Rattlesnake Hammock Road Extension Residential Residential Pod B Pod A Legend f Existing Lanes/Turn Lanes t, Lanes/Tum Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed — Roadway Segment to be Constructed L_i Area Previously Developed Area to be Developed When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way up to a width of 60 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $30,000 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 41 of 51 ' 8C BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County's right of way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road up to a width of 120 feet, free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for 100% of the increase in cost resulting from the construction of the road according to County Standards (arterial) instead of as a local subdivision road. The fair market value of 50% of the conveyance of the road right of way easement to the County has been determined to be $30,000 per acre. Fifty percent (50 %) of the fair market value of the road right of way easement and the total cost of the improvements are site - related improvements. The Cost of this improvement will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 42 of 51 rngure o _ naaenoa LaKes uen - t_ommirment vi Florida Power Line Easement r RPS�der5li,ll ;� Pod C y Residential Pod D The Lord's Way Residential Pod E Rattlesnake Hammock Road xtension i Residential _. Residential Pod a Pod A Leeend y Existng Lanes/fum Lanes L Lane0urn Lanes to be Constructed /Reconstructed - Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner up to a width of 120 feet, free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The value of the right of way has been determined to be $30,000 per acre. The area to be conveyed is depicted in Figure 7, below. Hacienda Lakes, PUDZ- 2006 -AR -10146 Approved CCPC Consent — Rev. 09/15/11 Page 43 of 51 r - natrenaa LaKes unr - iLommrtment vii r Eiorida Power Line Easement Residential Pod C. Residential Pod p ..fir,.....,.--- - - -�.•- Iiosidential Pod E The kattlesnake Residential Pod b Legend 4 Emling tacrv'Turr .. r ?e Lanes/Turn Lanes to be Constructed/Reconstructed Roaawav Segment vreviouoy Cwstrutted R#pt of Way to be Preservea Area Previously Developed Cfra %, br prw1cped Kesiden t. Pod k F VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right of way needed for the future construction of Benfield Road south of Sabal Palm Road (approximately 1.00 mile) up to a width of 120 feet free and clear of all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right of way conveyance. This is a site - related improvement. The area to be dedicated is depicted in Figure 8, below. Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 44 of 51 Figure 8 — Hacienda Lakes DRI - Commitment VIII Florida Power Line / Easement m IX. As a part of its State and Federal permits, the Owner shall pay for mitigation required for State and or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall at no cost to County either: (1) Convey drainage easement(s) to the County for their stormwater management facility needs free and clear of all liens and encumbrances, or (2) agree to accept stormwater from Benfield Road into the Project's stormwater management system. These are site - related contributions. X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner's contribution to the County's public road network against the DRI's proportionate share, (as defined in the State of Florida's HB 7207) of which this DRI impacts County and State road segments. If Owner's contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all road impact fees paid to date, the costs of the non site - related transportation Hacienda Lakes, PUDZ-2006-AR- 10 146 Approved CCPC Consent — Rev. 09/15/11 Page 45 of 51 [L improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfleld Road and the Lords Way, plus the value of any road right -of -way conveyance by donation to the County unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to the County when 33% of approved development trips (1,109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips (2,219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. XI. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail land uses, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter fronting the Commercial Tract C that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site - related contribution. XII. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business park land uses, or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter fronting the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site - related contribution. XIII. DRI traffic studies identified an off -site impact at the interchange of 1 -75 and S.R. 951 Ramps Intersection, specifically in the left -turn movement serving the northbound S.R. 951 to westbound (northbound) I -75 turning movement. Assessments of this operation in 2011 indicate that changes to lane usage and signage could augment the acceptable operation of the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant (exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation. When the first transportation analysis required under subsection X above is undertaken (e.g. at 33 percent of site traffic generation), the existing traffic flow and level of service at this location will be reviewed and projected to the build -out of the DRI. If the 2011 operational assessment is confirmed and the intersection is, or will be, operating at an unacceptable level of service as determined by County or FDOT, then the Developer will identify a solution to offset its impacts and/or restore acceptable operating conditions, and contribute its proportionate share, per subsection X above, of the cost of the improvement to the appropriate government agency. If a proportionate share payment is identified as needed, the owner shall receive road impact fee credits for 100 percent of this contribution. Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 46 of 51 ni XIV. If Owner conveys to County mitigated land for the real property conveyances that are eligible for impact fee credits described in Subsections 111, V, VI and VII of this Article VI, Transportation, then Owner shall be entitled to a transportation impact fee credit for the value of the State and Federal environmental mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. State and Federal mitigation does not include County required mitigation. Developer shall provide documentation acceptable to the County to verify this cost. In lieu of transportation impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County -owned State or Federal panther and wetlands credits equal to the value of the transportation impact fee credits calculated pursuant to this Subsection XIV. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/25/11 Page 47 of 51 Proposed Aeeess Proposed Access RATTLESNAKE HAMMOCK PQ EXISTING CAT ROUTE 4A 1 1 1 1 1 1 1 rn 1 CY 1 v 1 � 1 w 1 � 1 m 1 � 1 p8C <^1 Legend Land Use Qi. CAT STOP /SHELTER Attraction Tract ® Proposed CAT Route 4A & 4B Extension Business Park or School - Existing CAT Route 4A & 4B Commercial Q Existing CAT Facility 4A Preserve Tract Existing CAT Facility 4B Public Facilities Tract (EMS) - Existing CAT Route 7 Junior Deputy Proposed Pedestrian Facilities - School - --- --- Existing Shared Use Path Residential Tract OProject Boundary <. -_ Residential / Medical Use Development Boundary Public ROW Reservation W J J U 1 EXISTING CAT ROUTE 7 (TO MARCO ISLAND) 1 L sisse DEVELOPER 1 PROPOSED CAT 1 STOP /SHELTER THE LORD'S WAY 1 POTENTIAL 1 CAT STOP /SHELTER 1 PROPOSED 1 4A & 46 CAT 1 ROUTE EXTENSION 1 DEVELOPER 1 PROPOSED 1 CAT STOP /SHELTEF 1 1 PROP. RATTLESNAKI ■ HAMMOCK RD. EXT. Pedestrian Facilities Will Be Extended Along All Internal Roads Even if Not Shown POTENTIAL CAT STOP /SHELTER 0 500 1,000 Hacienda Lakes Feet Master Mobility Plan (N 1? «'1 P,q.,d By: rmj... Pnnting Date: OctoEar 6, 2010 Flle: T1Prolecls12WW5_0150.02.03_ Pedestri aeilities Will Be Exten a Along All Internal Roads van if Not Shown fEX STING CAT EXISTINEXISTING CCAT CILITY FACILITY ROUTE 4A (TYP) 4B (TYP) STATE & 46 LAN= 0 500 1,000 Hacienda Lakes Feet Master Mobility Plan (N 1? «'1 P,q.,d By: rmj... Pnnting Date: OctoEar 6, 2010 Flle: T1Prolecls12WW5_0150.02.03_ VII PUBLIC UTILITIES A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is located within the Collier County Water -Sewer District Boundary; there are some areas of this project that currently are outside of the Collier County Water & Sewer District Boundary. The areas that are not part of Collier County Water -Sewer District also do not belong to any other Water -Sewer District. Since Public Utilities can provide service as requested by this project, Impact Fees will be applied to the entire area to be developed. B. The project shall connect to the CCWSD potable water system at a location to be determined by the CCWSD when capacity is available. C. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD, when capacity is available. D. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield - SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well fields shall be followed. All well sites and pipeline easements located on and close to this development needs to be shown on all future site development plans, PPL or any other site plans applications. VIII PLANNING A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed Limitation of Development Rights Agreement(s) shall occur for these same lands. B. A permanent conservation mechanism, including Limitation of Development Rights Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP) for the Hacienda Lakes project. IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL DEVELOPMENT COMMITMENTS The following commitments shall only apply to the Attraction and Junior Deputy Tracts: General Provisions A. All motor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than 11:00 P.M. B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 49 of 51 � 8 C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security, safety, and traffic control. Roadways and Traffic A. Roadways within the subject property shall be private roadways and shall be maintained by the Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance road with CR 951 and Rattlesnake Hammock Road. Utilities and Service Facilities A. The potable water supply source for the project shall be the County regional water system (now known as the Collier County Water Sewer District). B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets (provided by a licensed commercial service), or permanent restroom facilities, or both. Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy track and other non - potable uses. X DEVELOPMENT OF REGIONAL IMPACT A. One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD/DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 50 of 51 8C " Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. CP \10 -CPS- 01024 \119 Hacienda Lakes, PUDZ-2006-AR- 10 146 BCC Approved 10/25/11 Page 51 of 51 H 00 X W �a za AOG; aa� � A ►.a a0A E� A d zQ� xW� �o W � r/� o Aw A � O � U F� a p, a A w a H U W O as a O QQ d �z w w a a w a �g a OW FQ IN Twd H d Q W H z° A [I�3 H U W O a :. a H O a O� W H Q 0 d a a w x 0 H W x I ztt- • H W w c7 Q a as a a as Q Q xx U W W 00 ww HW wW x� 3� zw Q� �o H z w x U H H ¢ kn 0 N [I�3 HACIENDA LAKES PUD RESIDENTIAL WORKSHEET FOR EACH SDP / PLAT / BUILDING PERMIT TOTAL PROJECT RESIDENTIAL UNITS: 1,760 [ UP TO 1,232 MAY BE MULTI - FAMILY] MANDATED UNITS BY GMP: NON - MANDATED UNITS: Zaw�rly�l 17 IN C DISTRICT 13 IN R/MU FROM C 25 IN RMU 55 MANDATED RES UNITS 1,705 UNITS [UP TO 1,232 MAY BE MULTI - FAMILY IN ENTIRE PUD] CARETAKER'S RESIDENCES IN ENTIRE PUD 2. UNITS USED FOR CONVERSION TO RV [UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] 1 RES UNIT = 2.73 RV UNITS 3. UNITS USED FOR CONVERSION TO SENIOR HOUSING [UP TO 112.50 RES UNITS FOR 450 SENIOR HOUSING UNITS IF DERIVED FROM RESIDENTIAL] 1 RES UNIT = 4 SENIOR HOUSING EXCEPT INDEPENDENT LIVING SINGLE FAMILY STYLE UNITS ARE 1 TO 1. AT SDP, DETERMINE WHICH MANDATED RES UNITS OR NON - MANDATED UNITS ARE MULTI - FAMILY AND WHICH ARE SINGLE FAMILY DISTRICTS THAT ALLOW RES: C DISTRICT: 17 RES UNITS (MANDATED) R DISTRICT: RMU DISTRICT: 38 UNITS (MANDATED) CONVERSIONS: TO RV IN RV DISTRICT: DEDUCT: [UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] TO SENIOR HOUSING: DEDUCT [UP TO 112.50 IF RES UNITS ARE DERIVED FROM RESIDENTIAL] TOTAL: 1,760 3 of 5 HACIENDA LAKES PUD COMMERCIAL WORKSHEET FOR ] TOTAL PROJECT COMMERCIAL INTENSITY 327,500 IN GROSS FLOOR AREA: 70,000 140,000 92,000 BP DISTRICT: 8C t EACH SDP RETAIL OFFICE BP HOTEL OF 135 ROOMS (A) _ 140,000 SF OF GROSS FLOOR AREA OF BP USES; AND IF HOTEL BUILT HERE AND NOT IN C DISTRICT, ADD 92,000 SF OF GROSS FLOOR AREA FOR HOTEL UP TO 135 ROOMS (HOTEL CONVERSION DISAPPEARS) OR IF NO HOTEL IN BP & NO HOTEL IN C, ADD 60,000 SF OF GROSS FLOOR AREA OF BP USES (THIS IS HOTEL CONVERSION) ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OR (B) _ PRIVATE OR PUBLIC SCHOOL UP TO 140,000 SF OF GROSS FLOOR AREA (EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** R/MU DISTRICT: UP TO 50,000 SF OF GROSS FLOOR AREA OF MEDICAL - RELATED USES [ALL USES ARE OFFICE USES EXCEPT FOR DRUG STORES AND PROPRIETORY STORES (GROUP 5912) WHICH IS RETAIL] [CHECK APPROVED RETAIL IN TRACT C — CAN'T GO OVER 327,500 SF OF GROSS FLOOR AREA OF RETAIL IN THE ENTIRE PUD] [CHECK OFFICE IN TRACT C — CAN'T GO OVER 70,000 SF OF GROSS FLOOR AREA IN ENTIRE PUD] ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TRACT C: 327,500 SF OF GROSS FLOOR AREA OF RETAIL; 1. DEDUCT MEDICAL RETAIL APPROVED IN RMU 2. DEDUCT SF OF GROSS FLOOR AREA OF SENIOR HOUSING NOT DERIVED FROM RESIDENTIAL UNITS [MAX 450 SENIOR HOUSING UNITS IN ENTIRE PUD] 4of5 gC } 3. UP TO 81,875 SF OF GROSS FLOOR AREA OF RETAIL CAN BE CONVERTED TO OFFICE [= 25% OF TOTAL]; AND IF NO HOTEL IN BP & HOTEL CONVERSION NOT USED IN BP, ADD 92,000 SF OF GROSS FLOOR AREA OF HOTEL UP TO 135 ROOMS; AND 70,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE USES 1. DEDUCT UP TO 50,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE IF APPROVED IN RMU DISTRICT CONVERSIONS IN TRACT C: UP TO 25% OF RETAIL CAN BE CONVERTED TO OFFICE [UP TO 81,875 SF] RETAIL TO OFFICE ON A ONE -TO -ONE BASIS [UP TO 81,875 SF] RETAIL TO SF SENIOR HOUSING ON A ONE -TO -ONE BASIS [MAY HAVE 450 SENIOR HOUSING UNITS IN ENTIRE PUD] 5 of 5 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 -41 Which was adopted by the Board of County Commissioners on the 25th day of October, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of October, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of--, County Commissiol'�ers� ;, ?g • By: Martha VergA)Ya',,, .r ' Deputy Clerk,,, ,,;a.'��L�' 4E �