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Agenda 06/09/2009 Item #17B Agenda Item No. 17B June 9, 2009 Page 1 of 132 EXECUTIVE SUMMARY PUDA-2008-AR-13801: William L. Hoover, President of Catalina Land Group, Inc. the Manager of Wolf Creek Estates LLC and Buckstone Estates LLC; and Larry Mayer Abbo, Vice President of Prime Homes at Portofino Falls, Ltd., all of which are represented by William L. Hoover, AICP of Hoover Planning and Development, Inc. and Richard Y ovanovich, of Goodlette, Coleman et al and .Josh Fruth of Davidson Engineering, Inc. are requesting a PUD Amendment for Wolf Creek RPUD to revise traffic stipulations. The applicant is proposing to change Section 5.7, Paragraph N and Paragraph 0 of the RPUD Document. Subject property is located on 167.96=*= acres in Section 34, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced PUD amendment petition and render a decision regarding the petition. CONSIDERA TIONS: ,.;<- The petitioner is proposing to amend the Wolf Creek Residential Planned Unit Development (RPUD) to revise the traffic stipulations. The applicant is proposing to change Section 5.7, Paragraphs Nand 0 of the RPUD Document to extend the time allowed to make roadway improvements. PUD Ordinance Number 07-46 required the developer to convey right-of-way for Pristine Drive within 30 days of the adoption date of that ordinance (May 22, 2007), and to start construction of Pristine Drive within one year of the approval of that ordinance. This amendment seeks to extend the time within which those improvements must be completed. The right-of-way conveyance and the road construction are proposed to now be linked to the issuance of Certificates of Occupancy or Development Orders. Please refer to the proposed draft Ordinance for details. The petitioners are seeking an amendment of the Wolf Creek Planned Unit Development (PUD) that was approved in Ordinance No. 03-45, on September 23, 2003, and amended in Ordinance No. 07-46 on May 22, 2007 to revise the traffic stipulations. The subject property was originally zoned from Agricultural (A) to PUD with the adoption of Ordinance No. 03-45. That ordinance was repealed and replaced by Ordinance No. 07-46. That ordinance added 20.26=*= acres (zoned Agricultural) and 80 dwelling units to the Wolf Creek RPUD for a total of 1 67.96f: acres and 671 dwelling units. The PUD document allows development of single- or multi-family dwellings, with the maximum height of multi-family structures limited to 38 feet and 2 stories. Ordinance No. 03- 45 allowed nursing homes, private schools, adult living facilities and churches as allowable conditional uses but those uses were eliminated in the 2007 action. ",..-.,. Page 1 of 4 Agenda Item No. 178 June 9, 2009 Page 2 of 132 FISCAL IMPACT: The PUD amendment, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (em) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the CCPC to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM) of the GMP. This district is intended to accommodate a variety of residential and non-residential uses including Planned Unit Developments (PUD). Within the Urban Residential Subdistrict, residential development is permitted at a base density of four (4) units per acre, and a maximum of 16 units per acre, as allowed under the Density Rating System of the FLUE. The subject PUD permits residential uses (single and multi family type units), and is approved for a maximum of 671 dwelling units, or 3.99 units per acre. The proposed development standard change does not affect uses or intensities. Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation staff has reviewed the proposed amendment for consistency with the Transportation Element of the GMP and recommends that this petition be found consistent with Policy 5.1 of the GMP Transportation Element. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed PUD amendment. An Environmental Impact Statement (ElS) was not required for this petition. The changes proposed in this amendment do not affect any environn1ental issues. This petition \vas deemed consistent \-vith the GMP in the revicvv' of thc most recent PUD rezone; that analysis remains germane. ......- GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed PUD amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall OMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the Page 2 of 4 Agenda Item No. 178 June 9, 2009 Page 3 of 132 FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME. Therefore, staff recommends that the petition be found consistent with the overall GMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD documents to address any environmental concerns. This petition was not required to submit an EIS nor was a hearing before the Environmental Advisory Commission (EAC) required pursuant to LDC section 10.02.02 2 (a) (b) (c). The site is not located within a Special Treatment (ST) overlay which would also have required the submittal of an EIS and the petition does not propose any changes that affect environmental issues, thus Environmental Services staff recommends approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because an EIS was not required and there are no impacts to wetlands, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on April 16, 2009; a motion was passed by a vote of 9 to 0 to forward petition PUDA-2008-AR-1380l to the BCC with a recommendation of approval subject to the following conditions of approval: 1. The phrase "Within 30 days of the adoption date of this RPUD rezone" shall be added at the beginning of Section 5.7.N.; and 2. The sentence "No Certificates of Occupancy shall be issued within new Site Development Plans and/or Plats until Pristine Drive, from its current tern1inus to Wolfe Road, is substantially complete" shall be added at the end of Section 5.7.0. The proposed Ordinance has been revised to incorporate the recommendations noted above and the revised documents were approved by the CCPC on May 7, 2009 as a consent item. Because the CCPC vote was unanimous and because there were no letters of objection submitted to the petition, this petition can be placed on the summary agenda. LEGAL CONSIDER.\ TIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. This item is quasi-judicial and as such requires ex parte disclosure. This item requires a supermajority vote. STW "".-.... Page 3 of 4 Agenda Item No. 178 June 9, 2009 Page 4 of 132 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDA-2008-AR- 13801 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption as that document has been revised to reflect the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Page 4 of 4 Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item No. 17B June 9, 2009 Page 5 of 132 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDA-2008-AR-13801 William L. Hoover, President of Catalina Land Group, Inc the Manager of Wolf Creek Estates LLC and Buckstone Estates LLC; and Larry Mayer Abbo, Vice President of Prime Homes at Portofino Falls, Ltd" all of which are represented by William L. Hoover, AICP of Hoover Planning and Development, Inc, and Richard Yovanovich, of Goodlette, Coleman et al and Josh Fruth of Davidson Engineering, Inc, are requesting a PUD Amendment for Wolf Creek RPUD to revise traffic stipulations, The applicant is proposing to change Section 5,7, Paragraph N and Paragraph 0 of the RPUD Document. Subject property is located on 167,96 acres in Section 34, Township 48 South, Range 26 East, Collier County, Flonda (CTS) 6/9/2009 9:0000 AM Prepared By Kay Deselem, AICP Community Development & Environmental Services Principal Planner Date Approved By Zoning & Land Development Review 5/8/200910:05:41 AM Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 5/8/20094:23 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 5/11/200911:56 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmenta! Services Admin. Date Approved By 5/11/20092:30 PM Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 5/12/2009 2:56 PM Approved By Jefi Kiatzkow County Attorney County Attorney Date County Attorney Office 5/14/200911 :54 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 5/19/2009 5:23 PM file://C:\A!lendaTest\Exnort\ 131-.lune%209,%202009\ 170/n20Sl JMMA RY%?(lAGFNOA \ 17 h/1/?()()Q Page 2 of2 Agenda Item No. 178 June 9, 2009 Page 6 of 132 Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 5/26/2009 1 :51 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 5!2B/200911:5i AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/29/2009 8:35 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/29/2009 1 :01 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 6/1/2009 2:21 PM file://C:\AgendaTest\Fxnort\ l11-hme%)()9%70)OOQ\ 17 %/OSI IMMARY%70AGFNnA \ 17 fl/1/?OOQ ~......~ Col~r County _ff;/!l7I"",,11""""'~ Agenda Item No. 178 AGENDAJifiBM$-ffi09 Page 7 of 132 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM:: DEP AR TMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 16,2009 SUBJECT: PETITION PUDA-2008-AR-1380l, WOLF CREEK PROPERTY OWNERSI AGENTS: Owners: Lan')' Abbo, Vice President Prime Homes at Portofino Falls, Ltd. 2121881: Andrews Boulevard # 510 Boca Raton, FL 33433 William L. Hoover President of Catalina Land Group, Inc. & Manager ofWolfCrcek Estates LLC 3785 AirpOlt Road, North # B-1 Naples, FL 34105 Agents: J ash Fruth Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34119 Richard D. Y ovanovich Goodlette, Coleman, Johnson, Y ovanovich & Koester, P A 4001 Tamiami Trail N0l1h, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioners request that the Collier County Planning Commission (CCPC) consider an amendment to the Wolf Creek Residential Planned Unit Development (RPUD) to revise the traffic stipulations. The applicant is proposing to change Section 5.7, Paragraphs Nand o of the RPUD Document. GEOGRAPHIC LOCATION: The su~ject property is located on the north side of Vanderbilt Beach Road (CR 862), approximately one half mile west of Collier Boulevard (CR-951 ) in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (see illustration on the following page). PUDA-2008-AR-13801 Wolf Creek RPUD April 16. 2009 CCPC Rev: 3/26/09 Page 1 of 11 comN 1'-0("1') ...-0'<""" .N~ o .0 Zmo::J ....Q)Ql =COJ Q)::::lro :::::'Q.. ro ;2 CD OJ <<: lIT-O- IT~' r- r-r- c~1- , - r- ':~r= i= - r- 1--1--::: l- ll)' D~.,--, ~~ f:::fo '/00'" __L__ ,"'-'U ~3 ~ ~ " ; - ~ < ~ ~ ~ - A f-1 1---1 '~ ~I --- :~j is t~ I . 3 I !<! ell ~- ~ (:~ ~ @& ~ '.'1 Ii I.!;r I, Ii ii!l ~r -, ~ a ;<~ I:-;l ~~ ftl Q ;=s -, ~ I, II :i:ll.) g -~ I ~ ,i H - 1I" ~~ ..J h IJ Ii: ", ~.. ':ll i ~-: "lill!1 ~I' ~B r; '~~I j--il ~ i ~I . I 5~ LL.I..:!j tJtlV/311"lO'J i;::;:mOJ :.. """,""---' ~ '--'JlfJ !il~ . h ~ ~ ~ ~..- ~~__':: ~~_J' h ~ -I~ ~ ~~)n D~ 1 ,__--1. . --- -l ~ ~-I E~ i - ,'XIJS"l .-J --~Lr=-J,,-I;~--- ~JIJ"-- d :~ I I ~g . 'II ~,.g ~t~[~~~~G--:i~~.r~~~-l ~~" ~ ~~~l .J L~Ir-l -, ~ \ ~ _ O<f'ffJTlOO ',":.::01 -", L_ I~ r-I--I----~~--i " ~tj ~ -, ~ 1.1 ~~: ~ 5 ~ II ~K ~ .. . f ~::,-~! I~_~~_ 11~ IcJ "..,~, I, =""'''''''-00 '''''''=UcO r ~3 I' ~~ l_~J..:~/~~, ~;; i 5l:.3..l"'l~,E!lJ" I---~ ~ -----t.=------- ~3 ~!:'! ol " ~ _ ~o ~~ ~ g ~ ~ ~ ~~ ~ ~ ~~ N~; ~ , ~! ;) ~ r, 'l~~ ~; 5 a ..... . '" ::l '" I ~---l f------- ':t D S ~~ It) :~ g"' )?r)';;,lH Ifm I - I- 11 Go ~. j.:' .- j ~ ~ 5>> ",' ~~; I ~ ". ;; 5 ~ ~ " ~~ ~~ ~~ 1~)o;:J 0" j:) ~'" 5~ i[ ~ Cl. <( ~ C) Z Z o N o co M . 0:: <( . co ~I ~I <(, oi ::li Ct.i '"'i z' 01 i=1 ;:::i W' Ct.i i Cl. <C ~ z o - ~ <( () SI PURPOSE/DESCRII)TION OF PROJECT: Agenda Item No. 17B June 9, 2009 Page 9 of 132 The petitioners are seeking an amendment of the Wolf Creek Plam1ed Unit Development (PUD) that was approved in Ordinance No. 03-45, on September 23, 2003, and amended in Ordinance No. 07-46 on May 22, 2007 to revise the traffic stipulations. The subject property was originally zoned from Agricultural (A) to PUD with the adoption of Ordinance No. 03-45. That ordinance was repealed and replaced by Ordinance No. 07-46. That ordinance added 20.26:1: acres (zoned Agricultural) and 80 dwelling units to the \',1,/ olf Creek RPUD for a total of 167.96:1: acres and 671 dwelling units. The PUD document allows development of single- or multi-family dwellings, with the maximum height of multi-family structures limited to 38 feet and 2 stories. Ordinance No. 03-45 allowed nursing homes, private schools, adult living facilities and churches as allowable conditional uses but those uses were eliminated in the 2007 action. SURROUNDING LAND USE AND ZONING: North: Palermo Cove, a 131:1:-acre developing residential project that was approved at a density of 4 units per acre, with a zoning designation of RPUD and Scenic Woods, which was recently rezoned to RMF-6(4) East: Sonoma Oaks, a 37.5:l:-acre mixed use project whose residential p0l1ion was approved at a density of 4 units per acre with a zoning designation of MPUD; and Mission Hills PUD, a partially developed commercial project on 33.45:1: acres, with a zoning designation of CPUD South: Carolina Village, a 15.88:1:-acre mixed use project with a zoning designation of MPUD whose residential p0l1ion was approved at a density of 4.03 units per acre; and Vanderbilt Beach Road West: Island Walk PUD/DRl; a built out 705:1:-acre mixed use project whose residential portion was approved at a density of3.04 dwelling units per acre Aerial Photo (subject property depiction is approximate) PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 CCPC Rev: 3/26/09 Page 2 of 11 GRO\VTH MANAGEMENT PLAN (GMP) CONSISTENCY: Agenda Item No. 17B June 9, 2009 Page 10 of 132 Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urhan Residential Suhdistrict) as identified on the county"vide Future Land Use Map (FLUM) of the GMP. This district is intended to accommodate a variety of residential and non-residential uses including Planned Unit Developments (PUD). Within the Urban Residential Subdistrict, residential development is pel111itted at a base density of fom (4) units per acre, and a maximum of 16 units per acre, as allowed under the Density Rating System of the FLUE. The subjcct PUD permits residential uses (single and multi family type units), and is approved for a maximum of 671 dwelling units, or 3.99 units per acre. The proposed development standard change does not affect uses or intensities. Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation staff has reviewed the proposed amendment for consistency with the Transportation Element of the GMP and recommends that this petition be found consistent \vith Policy 5.1 of the GMP Transporiation Element. Conservation and Coastal Management Element (CCME): Envirolill1ental staff has evaluated the proposed PUD amendment. An Environmental Impact Statement (EIS) was not required for this petition. The changes proposed in this amendment do not affect any environmental issues. This petition was deemed consistent with the GMP in the review of the most recent PUD rezone; that analysis remains gel111ane. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed PUD amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a pOltion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME. Therefore, staff recommends that the petition be found consistent with the overall GMP. A.J\fAL YSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on \vhich a determination must be based. 111ese criteria are specifically noted in Land Development Code (LDC) Sections 10.02.13 and IO.02.13.B.5. The staff evaluation establishes a factual basis to suppOli the reconm1cndations of staff. The Collier County Plmming Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. Environmental Review: Environmental Services staff has revie\ved the petition and the PUD documents to address any environmental concerns. This petition was not required to submit an E1S nor \\'RS a hearing before the Environmental Advisory Commission (E.A.C) required pursuant PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 CCPC Rev: 3/26/09 Page 3 of 11 Agenda Item No. 17B June 9,2009 to LDC section 10.02.02 2 (a) (b) (c). The petition does not propose any changes tluftamJc\of 132 environmental issues, thus Environmental Services staff recommends approval. Transportation Review: Transportation Department Staff has reviewed the petition and recommends approval of this amendment seeking to revise the transportation improvement timing. Utility Review: The Utilities Depaliment Staff has reviewed the petition and notes the following: This PUD amendment does not impact the utilities provision. Per the 2008 Water and Wastewater Master Plan Updates, this project is located within Collier County Water -Sewer Service Area. Per County GIS, there an existing 3D-inch water main and l6-inch force main on Vanderbilt Beach Road. Emergency }.1anagement Review: Emergency Management staff did not provide comments for this petition. Parks and Recreation Review: Parks and Recreation staff did not provide commel1ts for this petition. EI1f!incerinf!/Water .ManaQcmcnt: Collier County Engineering staff did not offer any comments for this petition. Zoninf! Review: Staff evaluated the uses proposed and their intensities and/or densities; the development standards such as building heights, setbacks, landscape buffers; building mass; building location and orientation; the amount and type of open space and its location; and traffic generation/attraction of the proposed uses as part of the initial rezone and previous amendment requests. No changes to development standards are proposed therefore additional analysis of those issues is not warranted for this amendment request. The uses should still be compatible with the sUl1'0unding area and staff is of the opinion that this project can be deemed consistent with GMP FLUE Policy 5.4. LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendations to the plmming commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." [Staffs responses to these criteria are provided in non-italicized font] Rezone FiI,dillf!S: 1. Whether the proposed change will be consistent with the goals, objectives, and policies andfl/ture {and llse map and tlte elements of the GMP. As noted in the GMP Consistency portion of this report, the proposed uses and development standards would generally fm1her the goals and objectives of the FLUE and the applicable portions of the CCME and the Transp011ation Element. Therefore staff recommendation that this petition be deemed consistent with the GMP. PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 cepe Rev: 3/26/09 Page 4 of 11 2. The existing land use pattern. Agenda Item r-Jo. 17B June 9, 2009 Page 12 of 132 As described in the "SulTounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by residentially zoned and used lands in all directions and on all sides. No change in uses is proposed as paJ1 of this amendment. 3. The jJossible creation of all isolated district uJlrelated to {uljaceltt alld Itearby districts. The proposed rezoning \vould not create an isolated zoning district because no change is proposed to the subject property of this already zoned PUD. Full consideration was given to this issue during the previous rezoning actions. This amendment action is a reiteration of the previous rezoning approvals for the san1e l)aiccl to allow the sanle uses; the only changes proposed address transportation commitment timing issues. 4. Whether existing district boulldaries are illogically drawll ill relatioll to existing cOlUlitiolls 011 tlie property proposedfor change. As shov'i!1 on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn and as noted previously, no changes to zoning boundaries are proposed as part of this amendment... The PUD zoning boundaries follow the property ownership boundaries. The location map on page two of the staffrepo11 illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or clulIlging conditions make the passage of the proposed amendment necessary. The proposed change is necessary because of changed conditions in the sUITounding area and the slowed economy. The petitioners' agent provides the following analysis: This tmilie stipulation ,vas put in the RPUD at the request of the owners representatives of the Palermo Cove P UD that is located directly north (~f the subject RPUD. Their reasoning for having the traffic stipulation in the Wolf Creek RPUD lvas the Palermo Cove PUD was onzv allowed to use Vanderbilt Beach Road for access untiT the 6-laning o/Col1ier Boulevard was complete and Pristine Drive would have provided them this north-south access. In late August 2008, a1l 6 lanes of Collier Boulevard were open north of Vanderbilt Beach Road so the Palermo Cove 110 longer is limited to only Pristine Drive as they may now use their direct access onto Collier Boulevard via Wolfe Road. . . . Pristine Drive was constructed about ha{fil'aY./i'ml1 Vanderbilt Beach Road to Wolfe Road. . . to provide access to the Falls (~[ Port(~fino (multi-family homes) being developed by Prime Homebui1ders on the west side of Pristine Drive and to Black Bear Ridge Subdivision (100 single-family homes) being developed by Buckstone Estates, LIe on the east side of Pristine Drive. 771e extension of Pristine Drive is intended to provide access for the proposed Pristine Lake Subdivision that is still in permitting and is located on the west side of Pristine Drive at the intersection 11'ilh Wo({e Road. All 3 (~{ these residential projects are Il'ifhin the J:Vo([ Creek RPUD. C'ui'rentl)}, tJ1e Paler/no C'ove ]J[JD i~)' not lii1l..:icr construction, the Falls oj-1nortofin() PUDA-200B-AR-13801 Wolf Creek RPUD April 16, 2009 eepe Rev: 3/26/09 Page 5 of 11 Agenda Item No. 178 June 9, 2009 has roughly 25 percent of their buildings constructed, and Black Bear lOdge has f.j1ge 13 of 132 percent of their homes either finished or under construction. This slow pace of construction is obviously due to the substantial slowdown in sales of new residential homes. Staff agrees with the petitioners' assessment of the issues, recognizing the economic issues warrant a revisit of the transpOliation commitments for this project. 6. Whether tlte proposed change will adversely influence living conditiolls ill the neigh horh ood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed amendment is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Also, the PUD document provides assurances that the site improvements will include adequate landscaping, setbacks and buffering for the development. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed challge will create or excessively increase traffic congestioll or create types of traffic deemed incompatible witlt surroulUling land uses, because of peak volumes or projected types of vehicular traffic, including activity during COltstructioll phases of the deJ'elopmellt, or otherwise affect public safety. It should be noted that this PUD amendment does not increase the size or intensity of the currently approved PUD. In addition, development of the subject propelty is consistent with provisions of the Transportation Element of the GMP. Therefore, this project should not create types of traffic deemed incompatible with sUlTounding land uses and it should not affect the public safety. 8. Whether tlte proposed chal1ge will create a draillage problem. Appropriate stormwater management has been provided on the Master Plan to address this issue as pmi of the previous rezone process. The proposed development should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to reduce the risk of flooding on nearby propelties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light a1ld air to adjacent areas. The PUD document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should fUlther ensure light and air should not be seriously reduced to adjacent areas. PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 CCPC Rev: 3/26/09 Page 6 of 11 Agenda Item No. 178 June 9, 2009 10. rVl1etl1er the propose([ change JIIould adversely affect property l'fIlues ill the l:ijft~eJfr of 132 area. This is a subjective determination based upon anticipated results which may be intell1al or extemal to the subject propelty. Propelty valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value detelmination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the slm'ounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property itl accordance with existing regulations. Properties around this property are already partially developed as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed PUD amendment should not be a detelTent to the improvement of adjacent propelties. 12. Whether the proposed change will constitute a grant of special privilege to (Ill individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement suppOlting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Wllether there are substantia/reasons wlty the property canl10t be used ill accordallce with existing zoning. The proposed change IS necessary because \vithout this amendment, the petitioners cannot receive permit approval iI-om Collier County because the petitioners are not in compliance \'lith thc requirements of thc PUD document. 14. Whether the change suggested is Ollt of scale with the needs of the neighborhood or tlte county. The proposed development was found consistent with the GMP subdistrict requirements when the rezoning was originally approved; no changes are proposed as part of this amendment that would jeopardize that finding. The Glv.1P is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that thc development standards and the developer conunitments will ensure that the project is not out of scale with the needs of the community. 15. rVhether it is impossible to find other fIt/equate sites ill the county for the pl'Oposet/ w.e ill districts already permitting sllch lIse. PUDA-200B-AR-13801 Wolf Creek RPUD April 16, 2009 CCPC Rev: 3/26/09 Page 7 of 11 Agenda Item No. 17B June 9, 2009 This criterion is not applicable to tlus amendment as the uses have already been approvetcf~ Ild of 132 changes to those uses are proposed as patt of this amendment. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff docs not review other sites in conjunction with a specific petition. 16. rhe physical characteristics of the property aud the degree of site alteratioll which would be required to make the property IIsablefor allY of the range of potential uses lindeI' the proposed ZOlling classificatioll. This site has already been altered and partially developed in compliance with the applicable LDC requirements, and further there is no "proposed zoning classification" as noted above. The zoning to PUD was previously approved: only an amendment is being considered. Therefore, this criterion is not applicable to this petition. 17. rhe impact of development Oil tlte availability of alleqllate public facilities allfl sefl,ices consistent witlt the levels of service adopted ill the Collier County GMP ami as defined and implemented througll the Collier County adequate Pllblicfacilities ordinance. The project will have to meet all applicable criteria set f011h in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such otlter factors, stalldards, or criteria that tlte Board of County Commissioners shall deem important ill the protectio11 of the public health, safety alld welfare. To be determined by the BCC during its adveliised public hearing, pun FilldiJ,!!s: 1. The suitability of tlte {II'ea fo/' the (vpe and pattem {~f development proposed ill relation to physical cltamcteristics of tlte land, surrounding areas, tmffie mul access, drainage, sewer, water, ami other utilities. The type and pattern of development have already been reviewed and found compliant with all applicable LDC and GMP regulations. FUlthermore, this project, as it develops, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control flful suitability of allY pmposed agreemellts, contract, or other ills/ruments, or for amendments ill those proposed, particularly as they may relate to arrangements or provisions to he made for the continuing operatioll ami maintenance of sllch areas and facilities that are not to be provided or maintained at public expense. PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 CCPC Rev: 3/26/09 Page 8 of 11 Agenda Item No. 178 June 9. 2009 Documents submitted with the application provided satisfactory evidence of unified contl~f.ged1~ of 132 RPUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of conunon areas. 3. Conformity of tlte proposed Planned Unit Del,e/opmellt witlt tlte goals, objectives alld policies of the GMP (GA1P). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that tIus petition can be found consistent with the overall GMP. 4. Tlte intemal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering aud screening requirements. The development standards, landscaping and buffering requirements were already reviewed and approved during the rezoning process; no changes are proposed to those requirements as part of this amendment. 5. The (l(lequacy of usable open space areas in existence and as proposed to serve tlte d evelopmen t. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. Tlte timing or sequence of development for the purpose of assuring the adequacy of available improveme11fS andfacilities, both public aud priVllte. As noted above, the timing of improvements is the crux of the issue for this amendment. The slowed economy and the improvements to Collier Boulevard prompted the petitioners to seek this amendment. Transportation staff has evaluated the revised conditions, and is recommending approval of the request, believing that the proposed timing changes will still assure that this project will provide "the adequacy of available improvements and facilities, both public and private" as required above. 7. The ability of the subject property ami of surrounding areas to accommodate expa1lsion. Please refer to PUD finding number 6 above. 8. Conformi(J' witll PUD regulatiolls, or as to desirable modificatiolls of such regulatioll.'ii ill the particular C{ISe, based Oil determination tlzat such modificatiolls are justified as meeting public purposes to a degree at least equivalent to liteml (Ipplicatioll of sllch regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from cle-velopment standards that would be required for the most similar conventional zoning district. No deviations are being sought in conjunction \:\/ith this 81nend111cllt t!1erefore this criterioll is not applicable. PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 ccpe Rev: 3/26/09 Page 9 of 11 Agenda Item No. 17B June 9, 2009 Page 17 of 132 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition did not trigger the need for a hearing before the EAC because no environmental issues are being amended. NEIGHBORHOOD INFORMATION MEETING (NIM): The required meeting was duly noticed by the agents and held on December 11, 2008 at 5 :30 p.m. at the Black Bear Ridge Clubhouse. Six persons from the public attended, as well as the applicant's team, Bill Hoover, Manager of Wolf Creek Estates and Rich Yovanovich of Goodlette, Coleman and county staff. Rich presented an overview of the requested PUD amendment for the Wolf Creek PUD. The applicant explained that the petitioners are asking to revise a traffic stipulation which would extend the timeframe to construct the extension of Pristine Drive to Wolf Road. There were no questions or concems from the participants at this meeting. The meeting ended at approximately 6:00 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attomey Office has reviewed the staff report for PUDA-2008-AR-1380l revised on March 26,2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDA-2008-AR-1380l to the Board of County Commissioners (BCC) with a recommendation of approval. PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 ccpe Rev: 3/26/09 Page 10 of 11 Agenda Item No. 176 June 9, 2009 Page 18 of 132 PREPARED BY: 1< r ~~, KAY . SELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~-~3~()9 DATE REVIEWED BY: //"'). _, .,.' ,'" I '../ ' , / ' ' \ () ///.,~,._.)./I,,'./~.._,-, . /....F.f,')' ,..("'Y/ J, . ' RA YMONDV. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW i ,,' '( DATE I, I U,~V""'\ \ I.. f_" ~ \.},C\.. ~ --'I ;./"\. V I I:;:> "'C.i..' v'\_<: J SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW '.., / / ,,-. ? 'lL-. (: >, .' DATE APPROVED BY: \J/.zc.r / .Pi JOl5 PH K. SCHMITT ADMINISTRATOR I DATE CpJvnvruNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION V Tentatively scheduled for the June 9,2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: r ^ /1 I !) tl L, IIV I (), ,\ ,1 {/.. J\\ITA C--. IJ \ v....'-" V '- 1 V~]J - ,-. -...;: MARK\P. STRAIN, CHAIRMAN 1.1 '" fl..'. 'l,{J "1'/\,;1 V/ DATE PUDA-2008-AR-13801 Wolf Creek RPUD April 16, 2009 cepe Rev: 3f23f09 Page 11 of 11 Agenda Item No. 178 June 9,2009 Page 19 of 132 COLUER COUNTY GOVERNMENT DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLUERGOV.NET 6968 2800 NORTH HORSESHOE (i) NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)643- APPLICATION FOR PUBLIC HEARING FOR: X AMENDMENT TO PUD (PUDA) 0 PUD REZONE (PUDl) 0 PUD TO PUD: REZONE (PUDl-A) PETITION NO CAR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDA-2008-AR-13801 REV: 1 . WOLF CREEK PUD Project: 2001050043 Date: 9130/08 DUE: 10128/08 _ . APPLICANT INFORM~TION J NAME OF APPLlCANT(S) WILLIAM L HOOVER, PRES. OF CATALINA LAND GROUP, INC. THE MANAGER OF WOLF CREEK ESTATES, LLC AND BUCKSTONE ESTATES, LLC ADDRESS 3785 AIRPORT ROAD N. SUITE B-1 CITY NAPLES STATE FLORIDA ZIP 34105 TELEPHONE # 239-403-8899 CELL # 239-963-6368 FAX # 239-403-9009 E-MAIL ADDRESS:BllLH@HOOVERPLANNING.COM NAME OF APPLlCANT(S) LARRY MAYER ABBO, VP OF PRIME HOMES AT PORTOFINO FALLS, LTD. ADDRESS 21218 ST. ANDREWS BLVD., #510 CITY BOCA RATON STATE FLORIDA ZIP 33433 TELEPHONE # 954-932-8788 CELL # 954-914-2212 FAX # 954-392-8748 E-MAil ADDRESS:LARRY@ABBO.NET NAME OF AGENT WILLIAM L HOOVER, AICP, HOOVER PLANNING & DEV., INC. Application For Public Hearing For PUD Rezone 01f18/07, rev 2/12/08, rev 7f1 ]/08 Agenda Item No. 178 June 9, 2009 Page 20 of 132 ADDRESS 3785 AIRPORT ROAD N., SUITE B-1 CITY NAPLES STATE FL ZIP 34105 TELEPHONE # 239-403-8899 CELL # 239-963-6368 FAX # 239-403-9009 E-MAIL ADDRESS:BILLH@HOOVERPLANNING.COM NAME OF AGENT RICHARD YOVANOVICH, GOODLETIE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FLORIDA ZIP 34103 TELEPHONE # 239-435-3535 CELL # 239-860-3533 FAX # 239-435-1218 E-MAIL ADDRESS:RYOVANOVICH@GCjLAW.COM NAME OF AGENT JOSH FRUTH, DAVIDSON ENGINEERING, INC. ADDRESS 3530 KRAFT ROAD, SUITE 301 CiTY NAPLES STATE FLORIDA ZIP 34105 TELEPHONE # 239-434-6060 CELL # 239-877-3480 FAX # 239-434-6084 E-MAIL ADDRESS:JOSH@DAVIDSONENGINEERING.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH ~ THESE REGULATIONS. [ ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collierQov.net/lndex.as px?pa~e=n 4 NAME OF HOMEOWNER ASSOCIATION: JOE MOELLER, ISLAND WALK HOA MAILING ADDRESS 4021 TRINiDAD WAY CITY NAPLES STATE Fl ZIP 34119 NAME OF HOMEOWNER ASSOCIATION: GLEN CRIBETT, VANDERBILT COUNTRY CLUB HOA MAiliNG ADDRESS 8250 DANBURY BLVD. CITY NAPLES STATE FL ZIP 34120 Application For Public Hearing For PUD Rezone 01118/07. rev 2112/08, rev 7/11/08 Agenda Item No. 178 June 9. 2009 Page 21 of 132 NAME OF HOMEOWNER ASSOCIATION: BLACK BEAR RIDGE HOA C/O ROBERT BAUGHER, SW PROPERTY MANAGEMENT COMPANY MAIUNG ADDRESS 1044 CASTELLO DRIVE, SUITE 206 CITY NAPLES ZIP 34103 STATE FL Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as' well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Ownership Percentage of Not Applicable b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. (Refers to Parcels " 2, and 3A Only) Name and Address Percentage of Ownership Wolf Creek Estates, LLC, William L. Hoover, Pres. of 10096 Catalina Land Group, Inc., is the Manager Jeff & leaetta Davidson, 6620 Hunters Road, Naples, Fl 2.5% 34109 Michael Moore & Peter Tierney, 9225 Gulfshore Drive N., 27.5% Application For Public Hearing For PUD Rezone 0111&/07. rev 2/12/08, rev 7/1 1/08 Agenda Item No. 17B June 9. 2009 Page 22 of 132 Naples, FL 3108 Thomas & Sandra Beaver, 345 Esther St., Naples, FL 5% 34104 Q. Grady Minor, 5172 Seahorse Ave., Naples, FL 34103 17.5% Thomas & Julie Hoover, 4025 Hillman Rd., Morral, OH 25% 43337 Randy E. Rose, 3775 Airport Road N., #C, Naples, FL 1% 34105 Robert & Kay Hartman, 21109 Pargillis Road, Bowling 6.8% Green, OH 43402 Curt A. Hartman, 14817 Ovitt Road, Perrysburg, OH 0.35% 43551 Cory A. Hartman, 2001 West Hill Trail, Findlay, OH 0.35% 45840 William L. & Charlene Hoover, 5690 Wax Myrtle Way, 14% Naples, FL 34109 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. (Refers to Parcels 6, 7, and 8 only) Name and Address Percentage of Ownership Buckstone Estates, LLC, William L. Hoover, Pres. of 100% Catalina land Group, Inc., is the Manager Jeff & Leaetta Davidson, 6620 Hunters Road, Naples, FL 5% 34109 Michael Moore & Peter Tierney, 9225 Gulfshore Drive N., 26% Naples, FL 34108 Thomas & Sandra Beaver, 345 Esther St., Naples, FL I 5% 34104 I Q. Grady Minor, 5172 Seahorse Ave., Naples, FL 34103 24% j " - . II nomas &julle Hoover, 40L5 HI~lma~~~Morral, OH 115% ~____~ Application For Public Hearing For PUD Rezone D1IlS/07, rev 2112/08, rev 7111/08 43337 Tim & Susan Brick, 5095 Seahorse Ave., Naples, Fl 10% 34103 Robert & Kay Hartman, 21109 Pargillis Road, Bowling 6% Green, OH 43402 Richard & E. Michele Yovanovich, 4001 Tamiami Trail N. 1% #300. Naples, FL 34103 Jeremy & Rita Bhaduri-Sterk, 2875 Garland Road, Naples, 2% FL 3411 7 William L. & Charlene Hoover, 5690 Wax Myrtle Way, 5% Naples. FL 341 09 Brian Hoover, 175 Running Deer Lane, Lake Helen, FL 1% 32744 Agenda Item No. 178 June 9, 2009 Paoe 23 of 132 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Ownership Percentage of Not Applicable d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. (Refers to Parcels 3-8, 4, 5, and 9 only) Name and Address Ownership Percentage of Prime Homes at Portofino Falls, LTD., 5555 Anglers Avenue, 100% Application For Public Hearing For PUD Rezone 01/18/07. rev 2112f08, re~' 7!J 1/08 Fort Lauderdale, FL 3331 2 Freddy Abbo, President, same address as above 17% Eva Abbo, Treasurer, same address as above 16% Edward Abbo, Secretary, same address as above 33% Larry Abbo, Vice-President, same address as above 33% Agenda Item No. 17B June 9, 2009 Page 24 of 132 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Ownership Percentage of Not Applicable Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Not Applicable g. Date subject property acquired ~ April 2004 leased D Term of lease yrs.{mos. Application For Public Hearing For PUD Rezone 01/18/07, rev 2112108, rcl' 71l1fO& Agenda Item No. 178 June 9, 2009 Page 25 of 132 If, Petitioner has option to buy, indicate the following: Date of option: Not Applicable Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCA nON Detailed le!!al description ofthe property covered by the application: (If space Is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 n to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 34 I 48 I 26 lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Shown on attached legal description Metes & Bounds Description: See attached legal description Size of property: 3165 ft. X 2640 ft. = Total Sq. Ft. (Irregular) Acres 167.96 Address/2enerallocation ofsubiect propertY: The north side of Vanderbilt Beach Road, approximately one-half mile west of Collier Boulevard. PUD District (LDC 2.03.06): X Residential 0 Community Facilities o Commercial 0 Industrial ADJACENT ZONING AND LAND USE Application For Public Hearing For ?UD Rezone 01/18/07, rev 2/12108, rev 7/J 1/08 Agenda Item No. 178 June 9, 2009 Page 26 of 132 Zoning Land use N PUD S Catalina Plaza MPUD E Sonoma Oaks MPUD W Island Walk PUD Vacant (Palermo Cove Residential PUO) Under construction for retail/office park. Vacant (proposed residential portion of MPUD) Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Yes, the owner of Parcels 6, 7, and 8 owns approximately 4.6 acres Jocated directly east of Parcels 3-A 13-B. Section/Township/Range 34 / 48 I 26 Lot: Block: Subdivision: Plat Book Page #: Property 1.0. #: 00204720005 Metes & Bounds Description: W 330' of W 660' of Nl /2 of NWl /4 of 5E ~ less west 30', of Sec. 34, Twp. 485, Rng. 26E, Collier County, Florida. REZONE REQUEST This application is requesting a rezone from the RPUD zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Single-family and multi-family residential. Proposed Use (or range of uses) of the property: Single-family and multi-family residential. Original PUD Name: Wolf Creek RPUD Ordinance No.: 07-46 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 1 O.Of~13.ID. Application For Public Hearing For PUD Rezone 01/1&/07, rev 2/12f08, rev 7/1 [fOa Agenda Item No. 17B June 9, 2009 . Page 27 of 132 1. The suitability of the area for the type and pattern of development proposed - in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Development conditions contained within the RPUD Document provide assurances that all infrastructure will be developed consistent with County regulations. Required mitigation measures will assure compliance with adopted LOS standards of the Collier County Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those propos~d, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Documents submitted with the application provide evidence of unified control. The RPUD Document makes appropriate prOVisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) The Wolf Creek RPUD's proposed residential uses and requested density are consistent with the goals, objectives, and policies of the Collier County Growth Management Plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The RPUD Master Plan has been coordinated with neighboring projects and designed to optimize external land use relationships. Access has been limited to 2 loop roadway systems that will serve the subject project and neighboring projects. Site planning on Wolf Creek and neighboring PUD's have typically incorporated native vegetation areas to separate different types of land uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project, a minimum of 60%, is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. There are adequate and available facilities for this project. Furthermore, the timing or sequence of development in light of concurrency requirements is not an issue. Application For Public Hearing For PUD Rezone 0111 8/07, re~' 2/12/08, rev 7/l1/08 Agenda Item No. 178 June 9.2009 Page 28 of 132 7. The ability of the subject property and of surrounding areas to accommodate expansion. The project is in the Urban Area and the surrounding area has the ability to accommodate expansion. The site can connect with supporting infrastructure, including the County's water and wastewater systems. In addition, the ability of the area to accommodate expansion due to this project is subject to mitigation outlined in the RPUD Document. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards proposed for the Wolf Creek RPUD do not depart from development standards that would be required for the most simtlar conventional zoning district except for one deviation, that has been substantiated within the RPUD Document. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? D Yes X No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? D Yes X No If so, please provide copies. Application For Public Hearing For PUD Rezone Ot/\8/07, rev 2112108, rev 7111/08 Agenda Item No. 178 June 9, 2009 Page 29 of 132 LEGAL DESCRIPTIONS and FOLIO NUMBERS OF PARCELS (Parcel Numbers Match Those on the RPUD Master Plan) Parcel I . The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. #00204360009 Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Co\1ier County, Florida.. subject to an easement for public road right-of-way over and across the south 30 feet thereof. #00203800007 Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right-of-way over and across the north 30 feet and the east 30 feet thereof. #00203600003 Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida.. being more particularly described as follows: commence at south 14 comer of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02013'26" west, along the east line of the southwest ~ of said Section 34, for a distance of 2005.53 feet to the southeast comer of the north ~ of the northeast '.!.i of the southwest '.!.i of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051'58" west. along the south line of the north ~ of the northeast 1/4 of the southwest V4 of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with the east line of the southwest ~ of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north ~ of the northeast % of the southwest V4 of said Section 34, for a distance of 1245.00 feet; thence run south 02013'26" east, along the east line of the southwest ~ of said Section 34, for a distance of 420.21 feet to the Point of Beginning. #00204761103 Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. #00203840009 Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South. Range 26 East, Collier County, Florida, subject to an easement for public road right~of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of~way. #00204040002 Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. #00203880001 Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. #00204760104, #00204760405, #00204760609,#00204200004 Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. #00204120003 Parcel 9 - The South halfofthe Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. #00204360009 Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11108 COVENANT OF UNIFIED C01'l'TROL Aqenda Item No. 178 ~ June 9, 2009 Page 30 of 132 The undersigned do hereby swear or affinn that we are the fee simple titleholders and o\vners of record of property commonlyknownas The Falls of Portofino along Pristine DRive, Naples, FL 34119 and a portiGA-Of the Wo~f Creek.RPUD. Parcels 3B 4 5 and!/-. (Street address and CIty, State and ZIp Code) , " q../ and legally described in Exhibit A attached hereto. Banks Engineering, Inc. Amendment. The property described herein is the subject of an application for Res . planned unit development ( RPUD) zoning,r\ We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain . the only entity to authorize development activity on the property until such time as a.new or a'!1ended covenant of unified ,?,/_ control is delivered to Collier County. We also authorize Wolf Creek Estates, LLC and ~~ Buckstone Estates, LLC to apply for this RPUD Amendment.o(U(...'{ A.~ 'Tl=> ZA..~ The undersigned recognize the following and will be guided accordingly in the pursuit of ~ ~::~A . "t"'"i't"'i7" ".. ](.., 7l.. ,.r~' development of the proJect: of ~1.G- rO 1. The property will be developed and used in conformity with the approved master plan mcluding all conditions placed C-of:..:G"1f!-VI on the development and all commitments agreed to by the applicant in connection with the planned unit development ~:)::r,;,,;cr?Jt rezoning. D~ 2. The legal representative identified herein is responsible for compliance with all tenns, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the plaMed unit development process will constitute a violation ofthe Land Development Code. 4. All telTIls and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the C,!?JJ.IItY may stop ongoing construction activity until the project is brought into compliance with all terms, condition's and ~ feguards of the planned unit development. ~~. 1-\-0.1. ,'.a.. i:"" :\'Z) r=:PO ~~, Ct-:f) -. t r-J )Jt Owner i r-J I~ J Printed Name Printed Name ST ATE OF FLORIDA) COUNTY OF eOLLICR.) 5~OWA;~D @ Sworn to (or affirmed) and subscribed before me this ,gifl day of ---:stJ I ~ ,2ooK by LA- e e.~ .M . .4 6 50 who i.~ personally knOV>'Il to me ;&r has roduced as identification. /1/ (-I-- lv'lfn.-.h . .., '. L.I./J'A j ~ I/lfAJAUlJ \.7lYv.............v Notary Public . I -6-.eIJ cJ f::.lJ }J A- -ro Ie tl e tC. (Name typed, printed or stamped) NOTARY P1JBUC.STATE OF FLORlDA Geovanna Fortier Commission # DD456083 Expires: J'uL,Y 31, 2009 Bonded Thru Atlantic Bonding Co., lnc. (Serial Number, ifany) Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12108 PUDA~2008-AR-13801 REV: 1 WOLF CREEK PUD Project: 2001050043 Date: 9130108 DUE: 10/28108 Agenda Item No. 178 June 9, 2009 Page 31 of 132 Wolf Creek RPUD Legal Description The subject property being 167.96:t: acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter ot Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement tor public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an.easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Floridq,.. less parcel 38, subject to an easement for public road right-ot-way ov~r and across the north 30 feet and the east 30 feet thereof. D. / Parcel 38 - A parce( of la~~,..IO;Eilted in the Southwest quarter of Section 34, Township 48 Sout~, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south 'Y4 corner of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02013'26tl west, along the east line of the southwest ~ of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north % of the northeast % of the southwest X of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051 '58" west, along the south line of the north % of the northeast ~ of the southwest 'Y4 of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with the east line of the southwest Xt of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north % of the northeast ~ of the southwest ~ of said Section 34, for a distance of 1245.00 feet; thence run south 02013'26" east, along the east line of the southwest % of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. / Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Agenda Item No. 17B June 9. 2009 Page 32 of 132 F. ./ Parcel 5 - The South half of the Southeast quarter at the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for pubtic road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-at-way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, CoWer County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. vi Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. "'!:' . .- CDQ")N !,-OC'? _rO~ N_ _0 _ Q") C'? s::(l)C'? ~C(l) (l):::lOJ :=:::'ro ro 0.. "'%2 a; OJ <( ~+.; ~~~:J~ ~i~~~ ~~..~~ ill p(~Ul lf~~~F d~~~ ffi~18~ 12~ ~13i ~~ l'iL ~flii~H g"...!tz~ -.I~C:P:6~ ~Ra~~a: ?::Jllht5 ~ II) ... ~d~il ImJl ~ H .. ~~ H P I II ~ ili !. t .. i i I !II ~~~l t l.h ~ij .1 I! I' .1 II .1 -.,< UI-.-.o:'),",lnCIICftlOl1l1fll ~~-- iI!:llHI""UIlnll' Il1JN1.lCotlIIIIY:l1Otn'~n"'WlIN ~Il"W\to1I~.D'" I ~! i I I h if ~ II I · I I I p: -. !~ Ifl I~"---- I, JjL "'-i1rn\ttl);::TtIlll'J04oInlCl'J'~vm (J"""""~",,,,0IfW'''' h. I ~ . ~ . . "....,'...'N..... - - - ~ li II" !1,1!lill~ II \ Hi I! UllliltM!l1 t ( ~ 5 'p. i!irrl~i~!~t I i II ! HII ~llllliiMilllllll ' i jJ ! I ill !llitllllll iliuh! 1 1 5 u <i!tU h!hi~hil~I' ~ !I~!i ~at'l~tl~iiil 1r Z ~F ~301i e !l.. ~ ~ t a 0: ~ ;, .UJ~ ~ ~ i g <( v I $ ::Ii! ~ j ~ 6o~ ~ ~ 8 I f I I, I ! d ~ i ! ~ ~ II I ~. n If I r i 'I i ~ I I ~ L .. i W~~~:-:~llorQ) l'~ !'. .H j~D. '(In ~ ~hl~ :3 Ji~f~. w !,Il :> ~,Efi .... ,'E e ,i~ ~ iii ;: '" . }i~1 ;'11- g ~!~! !~ i ~ ~ ~ ~ i ~ IP s' d y:l ~Ull COVENANT OF UNIFIED CONTROL Agenda Item No. 17B June 9, 2009 Page 34 of 132 The undersigned do hereby swear or affirm that we are the fee simple titleholders and O"Wllers of record of property commonlyknownas Pristine Lake Subd. and Black Bear Ridge Subd. along Prist Drive, Naples, FL 341~Parcels 1,2,3A,6,7IB are part of existing Wolf Creek RPUD. (Street address and City, State and Zip code) and legally described in Exhibit A attached hereto. Hoover Planning & Dev., Inc., Davidson Engineering, Inc. and Goodlette, Coleman & Johnson Amendment The property described herein is the subject of an application for Res. planned unit development ( R PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, sUJlleys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a'new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project . . . I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all comminnents agreed to by the appiicant in connection with the planne~ unit development rezonirig. . 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even (fthe property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with <my requirements, conditions, or safeguards provided for in the planned unit deveiopment process will constitute a violation of the Land Development Code. 4. All tem1S and conditions of the plamled unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent ovmers that all development activity within the planned unit development must be consistent with those tenns and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenus. safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compHa..'1ce with all tenus, conditio", :md sal~J 01 the planned unit development ~~7'~ O~e o~~ William L. ~oover, Pres. of Catalina Land Group, Inc. the Manager of Wolf Creek Estates, LLC and Buckstone Estates, LLC Printed Name Printed Name STATE OF FLORIDA) COUNTI OF COLLIER) r- Sworn to (or affIrmed) and subscribed before me this ~ day of J u f ~ wlll'4~ ~ , 200e by JL...f'\~"" as identification. (Serial Number, if ..., N6tIfy PWlio . ..... ar..... . "'CommlaIIonE"'~D. . ~itI CommiasiOn , DO 781359 .".", 8Oflded~NaIicmaINOlIlIr_. Application For Public Hearing For PUD Rezone 0]/18/07, rev 2fl2/08 Agenda Item No. 178 June 9. 2009 Page 35 of 132 Wolf Creek RPUD Leoal Description The subject property being 167.96:t acres, is comprised of 9 separate parcels that' are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34" Township 48 South, Range 26 East, Collier County, Ftorida, less Parcel 3B, subject to an easement for public road right-of-way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 38 - A parcet of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south X corner of Section 34. Township 48, Range 26 East, CoHier County, Florida; thence run north 02013'2611 west, along the east Hne of the southwest 'Y4 of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north % of the northeast % of the southwest % of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051'58" west, along the south line of the north % of the northeast X of the southwest % of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with ~he east line of the southwest % of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north ~ of the northeast ~ of the southwest % of said Section 34, for a distance of 1245.00 feet; thence run south 02013'2611 east, along the east line of the southwest Y.. of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. .-.. .~.. . ...~,;,. _~:o;.. -: t. . . .. .... ',_I,., ;~r; . ~ . -.."..'."',........,,""-& t -t ".., Agenda Item No. 17B June 9, 2009 Page 36 of 132 , : F. . ,~_L,.~',/:...~":':'._< Parcel 5 - The South half of the Southeast quarterA"'....<.~e.~Southwest . . , ,_..~ . ", '. ,.\., 'd .~.,.:',;. ":,.' . quarter 9fS~ctiori 34, Township4;~ South, ;~~ ~~~t, Collier County, Florida.' subject to an ~aserri~rit fotpuQ, ." .~!. .... ..rlgnt-of-way over and across the east 30 feelttle'teof a'rid le$~~.tK~$<rutherly 145 feet for Vanderbilt Beach Road right-of-way. ' , '.';"'" Parcel 6 - The North half of the South~est quaTt(;.!rof the Southeast quarter of Section 34, Township 48 South, Range{26 'East, Collier County, Florida. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. G. H. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarterof the Southeast quarter of Section 34, Township 48 :South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, To'wnship 48 South, Range 26 East, Collier County, Florida. Agenda Item No. 178 June 9, 2009 Page 37 of 132 PUDA-2008-AR-13801 REV: 1 WOLF CREEK PUD Project: 2001050043 Date: 9/30/08 DUE: 10/28/08 , .AFFIOAVIT I Wolf Creek Estates, LLC and Buckstone Estates, LLC We/I, --LL being first duly sworn, depose and say that we/I am/are the owners .of the property described herein. and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered, Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Hoover Planning & Dev., Inc. Goodlette, Coleman & Johnson and DAvidson Engineering, Inc. As property owner We/I further authorize ~ to act as our/my representative in any matters regarding this Petition. -~~--~-~ Signature of Property Owner William L. Hoover, Pres. of Wolf Creek Estates, LLC and -------------------------------- Signature of Property Owner Catalina Land Group, Inc. the Manager of Buekstone Estates, LLC Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this __~~___ day of ~tJ_'1_______, 200~T.}' ~y _~lb~_&~~s________who is personally known to me h d d '4l0..-..... n 'd 'fo . or as pro uce _______________________as I entl Icatlon. Application For Public Hearing For PUD Rezone 0 ]/18/07, rev 2112/08 Agenda Item No. 178 June 9, 2009 Page 38 of 132 Wolf Creek RPUD Leaal Description The subject property being 167.96:t acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 38, subject to an easement for public road right-of-way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south % corner of Section 34, Township 48, Range 26 East, Colller County, Florida; thence run north 02013'26" west, along the east line of the southwest % of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north % of the northeast % of the southwest % of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051'58" west, along the south line of the north % of the northeast % of the southwest }4 of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with the east line of the southwest % of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north ~ of the northeast % of the southwest % of said Section 34, for a distance of 1245.00 feet; thence run south 02013'26" east, along the east line of the southwest % of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Fiorida. Agenda Item No. 17B June 9, 2009 Page 39 of 132. . F. Parcel 5 - The South half of the Southeast quarter oHh~$outhwest . ' . ,." ~ '. . . . .,',' ," -::.:t(!~J:./~ :,.L!':,~~;~f'~I'" " . ',' . quarter .~. Section 34, TownshIp 4,8" S~uth, J~F!Ii\Q~~~J~~~$t, Comer County, Florida, subject to an easement for pUb1ic.roaCf right-of-way ." ',' _' . . - " " '. . ..~-.k.;:1I..;:~,~.';""i')'K-."'" ..;~", . over and across the east 30 feet thereof and leStfthes>outherly 145 feet for Vanderbilt Beach Road right-of-way. . .:"'.c<,.. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, RangE{26 East, Collier County. Florida. G. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Parcel 8 - The East 660. feet of the North half of .the Northwest quarter. of the Southeast quarter of Section 34, Township 48.South, Range 26 East, Collier County, Florida. I. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Agenda Item No. 178 June 9, 2009 Page 40 of 132 PUDA-2008-AR~13801 REV: 1 WOLF CREEK PUD Project: 2001050043 Date: 9130/08 DUE: 10128108 AFFIDAVIT Prime Homes at Portofino Falls, LTD., a Florida limited partnership. Well, .LL- being first duly sworn, depose ana say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested' on this application must be complete and accurate and that the content of this form, whether comp'-.Iter generated or County printed shall not be altered. Public hearings will not be advertised until this appHcation is deemed complete, and all required information has been submitted BAnks Engineering Inc. As property owner Well further authorize -Ll_ to act as our/my representative in any matters regarding this Petition. We also authorize Wolf Creek Estates, LLC 'and Buckstone Estates, LLS tg apply for this RPUD Amendment,oA:)l-Y A"".;:o ro r"",,~'~ ~"t")::,<J,~ T= "n/-D' ~T7;;;'tf.:)~s::-oN <o~ '~e- I"'b C-o/"").s,.-;'-\:LsJ<:.A- Pp--~~E b~-. j/ /~) ~-A tt>-F~1"k.. ~u..S, L.r:1J, 'N/~ ./ ...- ------------------------------- S" I. V Signature of Property Owner l-..A ~ M. f'......~rco V P Typed or Printed Name of 6wner /0 1.'5' Typed or Printed Name of Owner f . .. . b ~ . . I r:;'"ft1. - The 9regoing instrument was aCKnowleagea eTore me thiS __L~___ day ot -~_t:.i1-----, 200_~__, by i::6-..K~%--:i1~~~~-~Q--:_:wh? is personally known to me or has produced __A-.....:====-_______________as Identification. (}j < ( ---f/ -I- . ;-JOT.Aj\y pnUC-SiATE OF FLORlDA ~fJ ~ ~ r'Ar...,t-~~.........,.., n"'...4:"'r , . " VCUVaH!W. rVlLlt:: IJoIAfC1 ;JbL t'e go~~~sion #DD456083 Application For Public Hearing For PUD Rezone 0 [/18/07. rcv 2fl2/08 B d d napAU_~S. . JULn Ydin31C' 20109 on e lfU uantlc on go., nc. Agenda Item No. 178 June 9,2009 Page 41 of 132 Wolf Creek RPUD leqal Description The subject property being 167.96:!: acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Ftorida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter ot the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-at-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right-of-way over and across the north 30 feet and the east 30 feet thereof. D. ./ Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south ~ corner of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02013'26" west, along the east line of the southwest ~ of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north % of the northeast %, of the southwest % of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89"51 '58" west, along the south fine of the north % of the northeast ~ of the southwest "Xi of said Section 34, for a distance of 1245.00 feet; . thence run north 02013'26" west, parallel with the east line of the southwest ~ of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north % of the northeast ~ of the southwest % of said Section 34, for a distance of 1245.00 feet; thence run south 02013'26" east, along the east line of the southwest X of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. ./ Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. Agenda Item No. 17B June 9, 2009 Page 42 of 132 F. ./ Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34. Township 48 South, Range 26 East, Collier County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South. Range 26 East, Collier County, Florida. J. / Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. . ,$.;' . ~ .' '. ., COO)N ~o"" '-0..- ~~ N '+- _0 0)"" ;'o)~ CCo) o)::lOJ ::= -- ro ro 0.. u C 0) OJ <( iL- --..:::-::::...-::::-- .I1'i_iEloWilOll\l~''''~- ~!~. - -11'11;'I~i~,,~ ,r--- -Ill '. ,I,lll!-,. 'I 'lhi !"""I"h" ! :, I ! I !I'l' !lnUNin! I . i :, " 'I(i ~t ~llilld hmuhw I 1 ' I I I, 'I , --, -'''',','I-!o' III i! ! i I II II III llilhhhll!' ' ! I ili!, IJII!! 'hhl! : I ~ iI "li~ei hH..B._. I! j . ~ I' . ___ I l!l : J ~: -===- f~I II II. I " " I ~~i , I f 'I : i ~ II ! II, H:: :~ h II, '. , '~'., I~ I" , ~ ' : loll , ' , " ---- I iiT- _ II II IL_ I ~ i : ! ;~. I J ~].I if ):u II@~ I.U I I! I . 8 11 ~ [ iT: ,," i I I ~~ .i ' ~i ~J ~I i I I "i . ~ !~ ~K ~= I I I iLJ t J i ! 11+- I " J \:11 i..r i: L " I ___. I ~;-~=l~ ;;jgl6lil'; J:~5ID~ ~\;!...!;lw lll"l1'itlj: f$ll:.;" "~~~g 1"'20:> :lOElfi g~~~;I .l;f",~~~ ~~2:ilf~ !(!::iz~~~ a D:ll1o: f;jS ~~a~wQ. ~~~~~~ 1 !i n .~ j" I'I'IlH'!I("'HG::l.'tl'I;I1 Lo.-w::n)l'!'Alo,"/WOlII I j ! I. I I I : j -ih I t i~ H ~ i 01, II II jl " --~~o. . OVIlh'D'lINQ~,"fU) 11.lW:-~1'1l""",.1ItVfl:1 . - . z i~ ~ <( ~ ~i~~! j; It , wec. o Ul;: B ..I-~ "' ~ . ~ ~ ~ ffi j '.( II< ':; ~ ~~8~a ~ 0.. 1 f ~ i ~ ~ -1 ~ I i ~ ~ g ~a ,l~t ~H" ~g! ~j ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ! II J I~ mm () -~l) \' (;t 1". <.... ' \ "\- )-- 3375195 OR~ 35'YrnmJ~~Ql1o~~ RECORDED in OHICUL nCORllS of COLtatlECOOfmf; 1ti,2 04/C7/2004 at lO:34AK DWIGHT B. BROCK, CL!Rl CONS 2534875.00 RlC FBI 10.50 nOC~.10 17744.30 PUDA-2008-AR-13801 REV: 1 WOLF CREEK PUD Project: 2001050043 Date: 9/30/08 DUE: 10/28108 Retn: GOODLETT! COLlKAW B1 At 4001 TAKIAKI 7R ! '300 NAPLES lL 34103 TRUSTEE'S DEED THIS DEED, is made on this R day of March, 2004, between WILLIAM L. HOOVER, lndividually and as Trustee of the Wolf Creek Land Trust dated the 26U, day ofJuly, 2001, (the "Grantor"), and WOLF CREEK ESTATES, LLC, a Florida limited liability company (the "Grantee"), whose post offic.e address is 3875 Airport Road North, Suite B-1, Naples, FL 341 05. Grantor, in consideration of the sum of TEN AND NOll 00 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by Gra.T1tee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described property, situated, lying and being in Collier County, Florida, to wit: The South 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 34, TO'WIlship 48 South, Range 26 East, subject to an easement for public road right-of-way over and across the East 30 feet thereof and the South 30 feet thereof, Public Records of Collier County, Florida. AND The South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 34, Tovmship 48 South, Range 26 East, subject to an easement for public road right-of-way over and across the South 30 feet and the West 30 feet thereof, all in Collier County, Florida. Collier County Tax Folio Numbers: 00203800007 and 00204360009 SUBJECT TO~ (a) real estate taxes for the year 2004 and subsequent years; (b) special assessments levied by governmental authority (c) zoning, building code and other use restrictions imposed by governmental authority; (d) outstanding oil, gas and mineral interests of record, if any and (e) restrictions, reservations and easements common to the subdivision, if any. This Instrument Prepared By: Gregory L. Urbaneic. Esq. Goodlette. Coleman & Johnson. P.A. 4001 Tamiami Trait North. Suite 300 Naples. FL 34103 \1 Z. L\ -t:o 1 *** OR: 3531g~~ It~rn1.. ~ Jlio~ 2009 Page 45 of 132 Grantor represents and warrants that neither him nor his spouse or any minor child thereof reside on the above described property or adjacent thereto and in fact resides at 5690 Waxmyrtle Road, Naples, FL 34109 and that the above described property does not constitute the homestead of the Grantor. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but no other. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: ~y~ WILLIAM L. HOOVER, individually and as Trustee of the Wolf Creek Land Trust dated the 26tb day of July, 2001, ST ATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was aclglowledged before me on this II day of March, 2004 by WliLIAM L. HOOVER who (--L6ls personally known to me or who (_) have produced his driver's license as identification, individually and as Trustee of the Wolf Creek Land Trust dated the 26th day of July, 2001, S:\BRANDY\CLOSINGS\HoD\'er\1724 ,Q07\Deed, wpd ~fl~{b-~el~ Notary Public Print Name: State of Florida at Large My Commission Expires: (Notary Seal) (Page '2 of 2) :\1'.:flS ~tJ yO .,.....'9t'c- BRANDY A RASCHKE ~..~ oj< M\' COMMISSION' D(} 158976 .,.~ EXPIRES: February 16,2007 < 01 f\.~~ lIooded Thro Budgol Nofaly Sm-Ic.. t-/) 0.. 1- C c.. 1 '3;1 3375194 OR: 3~1nro~rn1rM.147B 1un~ ~,~09 RECORDEO in OFFICIAL RBCORDS of COLtiB~EConH~t1!L2 04/07/2004 at In:34A! DWIGHT B. BRDCI, CLERK CONS 1332~I8.~0 RiC FBB 10.50 DOC-.70 9330.30 Retn: GOODLBTTJ C01BKAH BT At 4001 TAKIAKI TR N #300 N~PLBS YL 34103 TRUSTEE~S DEED THIS DEED, is made on this J.l day of March, 2004, between WILLIAM L. HOOVER, individually and as Trustee of the Wolfe Ridge Land Trust u/a/d July 30, 2001 (the "Grantor"), and WOLF CREEK ESTATES, LLC, a Florida limited liability company (the "Grantee"), whose post office address is 3875 Airport Road North, Suite B-1, Naples, FL 34105. Grantor, in consideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and sufficiency ofwhich is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described propelty, situated, lying and being in Collier County, Florida, to wit: North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, all in Collier County, Florida. Collier County Tax Follo Number: 00203600003 SUBJECT TO: (a) real estate taxes for the year 2004 and subsequent years; (b) special assessments levied by governmental authority (c) zoning, building code and other use restrictions imposed by governmental authOlity; (d) outstanding oil, gas and mineral interests of record, if any and (e) restrictions, reservations and easements common to the subdivision, if any. Grantor represents and warrants that neither him nor his spouse or any minor child thereof resides on tl1e above described property or adjacent thereto and in fact resides at 5690 Waxmyrtle Road, Naples, FL 34109 and that the above described property does not constitute the homestead of the Grantor. And said Grantor does hereby fully 'J,'alTant the title 10 said land, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, bot no other. Th"IS lnslrument Prepared By: Gregory L. Urbancic, Esq. Goodlette. Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples. fL 34 J03 11 '2.u,.c>o~ *** OR: 3537A~a 1ti~~.~~! Page 47 of 132 IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instlUment the day and year first above written. Signed, Sealed and delivered in the Presence of: (,~ t:-L ~ V ?bCf~ WILLlf\M i, HOOVER, individually and as Trustee of the Wolfe Ridge Land TlUst ula/d July 30, 2001 ST A TE OF FLORIDA COUNTY OF COLLIER THE FOREGOING fNSTRUMENT was ::I~wledged before me on this J..L day of March, 2004 by WilLIAM L. HOOVER who C~~:5'i~'~ersonallY known to me or who (_) have produced his driver's license as identification, individually and as Tmstee of the Wolfe Ridge Land Trust uJaJd July 30,2001. ::&~ejt~lJ- Print Name: State of Florida at Large My Commission Expires: (Notarv Seal) :\..'RT"'ftt.t. ~o .,... .."'t- BRANDY A, RASCHKE ... * MY COMMISSION' D'O 159976 ~>. . rfI-$ EXPIRES: February 16, 2007 , OF Ft Bo.cIt~ Thlu Blldgtl N~ry S&lVice& S, \BRA ND Y\CLOSINGS\Hoover\ 1724 .OO6\Deed2 wpd (Page 2 of 2) ~ ra (' C €' I 3'15 Agenda Item No. 178 June 9, 2009 Page 48 of 132 3673379 OR: 3861 PG: 2798 RlCOiDlD in omeIAJ. l!COlDS of CG1LIIl coum, fL 08'05f20D~ at 12:10PH DfIGKT I. BIOCI, CLIlI COIS 261'080.00 lit 111 21.0' DOC-.7e J'270.00 kcv{J ~r2e-{k(nW. STEV::';': , .. 7000 V. . . : ,0. #402 BQCAf:/".',..>., ..._ .......j This Warranty Deed Prepared WITHOUT OPINION OR EXAMINATION OF TInE BY Gregory L. Urbancic. Esquire GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 3CJO Naples, FL 34;03 3[97.001 Property Apprais~r's Folio No.: 00203600003 L~ Rea: mVlI B GUIIllnD 7000 I PALKITfO PAll RD '402 BOCA RAfOl IL 33433 SPECIAL WARRANTY DEED TO HA VE AND TO HOLD, the same in fee simple forever. AND, Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. Special Walnnly Deed Poge No.1 of ~ ( Agenda Item No. 178 June 9, 2009 Page 49 of 132 OR: 3861 PG: 2799 IN WITNESS WHEREOF, Grantor has executed and delivered this Special Warranty Deed as of the day and year first above written. By: Catalina Land Group, Inc., a Florida corporation, its Manager . ~~~p~;;Z ~ CiS?' ---.c:::~;William L. Hoover, Pre,ideni- ~ / c -, '" 'i~ \ \0cccQ)1F\r!~ \11\ '~U.:). \~ .-" COUNTY OF COLLIER ~1' . <\ (~) . . ~p i\. . tt: The foregomg SpecIal Warrah~~J5~~ka edged before me on tlllS ~ day of June 2005, by William L. Hoover, as ~i .... of Catalina Land Group, Inc., a Florida corporation, the Manager of WOLF CREEK ESTATES, LLC, a Florida limited liability company, on behalf of said entities, who ~ is personally known to me or _ produced as identification. ~------ Notary Public - Signature lv\,l~<' l,0. ~wdt Signed, sealed and delivered ~ Witness 1 - Signature , . ~~~lL W. (&.~ tl Witness 1 - Printed Name ST A IE OF FLORIDA GRANTOR: WOLF CREEK ESTATES, LLC, a Florida limited liability company 1)" MICHELE w. CASWEll ~: \ MY COI.fMISSlON' DO 165165 \:l1... : EXPIRES: JMuary 14, 2007 ~~. /lc:n:lolcIThnlNalryI'ldc~ (SEAL) Notary Public - Printed Name Commission No.: Commission Expiration: Spttial Warra.l1ty Deed l'J:r~ Nt>. 2 00 Agenda Item No. 17B June 9. 2009 Page 50 of 132 tit OR: 3861 PG: 2800 **t EXHIBIT "A" LEGAL DESCRIPTION A parcel of land located in the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: . fri!l!.t11fl.J) i- R~ 10', .. I sTEVEN a. GREENFIELD, P A. 1000 w. PALMETTO PARK~~.~ J/fi7.:J1 BOCA RATON, FL 33433 r I~ 0 NTO: L THOMAS G. EC , ESQUlRE 3 12734 Ken d 18ne. Suite ea Fort . F'L 339 \17 .SG38 -,~~'" ~~~34~796 OR. 365~np'r.~~~~~~ · ~be ~'(tl132 ~KCORDED in OFfICIAL RICORDS of eOLLIllCUUBTf, JL ID/12!ZGO{ at OZ:lOPK DWIGH? B. SROCI, CLRRE f (" c I '-I ~ON' UlmO.OO 6- e de FBI 21. 00 DOC.,TO 30912.00 COPIn 3 .00 lUse 1.5D Stl';llp No.: R~~ordlnQ: $ t)()cumol'ltal'y Stamps:: S Retn: S18V!M B Gi!l.FIELD 7060 . PALUT't'O FlU RD ,m BOCA RA'OW !L 33433 .-r...l-h THIS WARRANTY DEED made fhis -1...::::day of . 2004, by PRIM~ HOMES AT PORTOFINO FALLS, LTD.. a Florida limIted partnership, whose post office address is 2121 B St Andrews Boulevard, Suite 51 0, Boca Raton. Florida 33433. hereinafter called the Grantee; WITNESSETH: That the Grantor, for and In consideration of the sum af Ten Dollars ($10_00) and other valuable eonslderatlons, rar..-eipt wllereof is he:reby i\!cknowleclgcd, hereby grants, bargains, satls, aliens, remises, releases, conveys and confirms unto the Gral'l~~ all that certain land, !:liluale in Collier County, State of Florida, vl%: see attached Exhibit "A" SUBJECT TO EASEMENTS, REST~ICTIONS ANO RESERVATIONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GRANTOR. TOCiiEiTHER with all the tt;'Mm~nt)':l, heredi!:aments and appurtenances thereto belorlQln1:l or in anywis~ appertaining; TO HAVE AND TO HOLO the same in fee sImple forever. . ' . -. AND the Grantor t!~n;d.JY covenants witll said Grantee that tho-dn:mtor j::t lewfuiri-3oi~od of~Qid fand is fee simpfe: that the Grantor has good right and lawfUl authorlo/.tttse'.I.:~'ld.'1:!an~y' Si:fitHand, and hereby warrants th~ title t~ said land and will defend the $ame against the~awtYLs!:~YmUiafl pe,rso.nS.whomsoever, and thel3ElIO Inod IS free of 311 encumbmnca;, ~XClilpt taxa!iO accrulng.'SIlf5$~gu."r;U ~.n8r,.pmhp.r ~1. 1 QQQ - ,i " .... '. . I" ~ ..:' IN WITNESS WHEREOF, the said Grantor has signed ~n~ ieale~fhes,"~sen(s.the oay and year first abov'? writf:"m . . ,,'..-.... ':.- , ", .~. "', '.:'. ~..~ ! ::',::" .~ .....,... .::L'~~~"~" ,.... ''';'.: ....:.~,~f~............-._.~ ...~~..:..., , .....".. --'. STATE OF FLORIDA _ COUNTY OF !~~ The foregoing instrument was acknowiedged before me this ~ day of 2004, by Marl< L. lindner, Trustee, w.DO is personally known to me, as identification. and who c:fidfdi ot take an oatt1. .ff 1~/~O/~~04 lL:O~ :::>r;H"~LD:lt:'::l ~.~ Oel9OAAHKLeWlS '1l!.lf MV cot.4Ml~s'\otot. 00 249f.17'3 '\.~I l:X?~ES: Oeeombllr f1, 'If:1Jf ,.~Jc/rMI'f F\. MOtlll"jOl~-Co- ~t.t;,/~r- It.LJ.! rl-\ ?fl e nd a I tei11\:fflo. ?f13 OR' 365, pro I J~ro2009 · 't1ag~ ~2 '6f 132 Id~LL MARK L. LINDNER, Trustae under unrecorded land trust, dated May 21, 1999 ~. OR who produced lie Printed Name: Commission No.; My Commission Expires: . ; J .. (~ ~ " .. . .. ... ~ . ,.' ,-: \.I~;' (.c"; ~~,~.;-,~' . ~'1 I ": . ~ 1. .' .,,' - . . J~' .' '. -:' " ....~.. "' .- -::."'. ".: :;, /..... ..' . . , l . .:..;": - , .~. . , t, ...".'" . . ..-{: ,,-. . 10/0E./2I3el<l 11: 54 5613'325955 GREEt-iFIELD PA A~enda IterfffliO. ~ffi **1: OR: 365~ p~~Jg~~Ii.f~t EXHIBIT A The North one-half (N 'h) of the Southeast one.quarter lSE 1/4) of the Southwest one-quarter (SW 1/4) of Section 34, Township 48 South, Range 26 East, of Collier County, Florida. ~it', ~. il:r .c __. ....'oJ. ...........".,.... ..1..1......,... JCJ..:>:lLO:Jb:J GREE~~FIELD PA ~.. +~rD" . , .~. GREENFrELD. P,A. . 1000 ..J P.QUJlETTO PARK RD. #402 :J 1 BOCA RAtON, FL. 33433 Fi/..eAa 4 't?:J Y .? I r t1.;' C e l'Rf:PAR!:.O BY AND RElURN TO: THOMAS G. ECKERTY, ESQUIRE 1 2734 Kenwood lane, SuIte 119 Fort MyeNO, FL 33907-5638 -- ~ Agenda l~oB47B 3489797 OR: 3659 E~tueW~~~ UCORDBO in OFFIcIAL RJCORDS of COLLUR CllUII'l'J, ft lo112/20~4 at G2:2GPK DW!GHT i. BROeX, CLBRI COIS 2l840&O,O~ RBC m ZT .110 DOC-.TO 113SS.0t COfIXS 3. &0 me 1.50 L3 $tr,lP No.: RecordIng: 5 Oocumentary Stamps: $ Retn: STEVBK B GRB1~'IELn 1000 i PltXB1Tn PAR~ Rn f402 BOCA RATDK 1L 33433 THIS WARRANTY DEED made this 7~!y of ~1)L- ,2004, by MARK L. LINDNER, Trustee under unrecorded land trust, dated January 4,1 S99, with full power and authority to 9rotect, conserve, sell, lease, encumber or to otherwise manege and dispose of the real property described herein, as provided In F. S. 689,071 whose post office address is clo 4099 TamiamJ Tran. N, Naples, Florida 34103, Mreinafter called the Grantor, to PRIME HO MES AT PORTOF1NO FALLS, LTD., a Florida limited partnership, whose post office address is 21218 St Andrews Boulevard, Suite 510, Boca Raton, Florida 33433, hereinafter called the Grantee; WITNESSETH: That the Grantor. for and in consJderation of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereofls hereby acknowledged. hereby grants, bargains, sells, aliens, remises. releases, conveys and confirms unto the Grantee aU that certain land, situate ill Cofller County I State of Florida, vi..:: see attached ExhIbIt "A" SUBJECT TO EASEMENTS, RESTRICTIONS AND RE$ERVA TrONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertainfng; TO HAVE AND TO HOLD the same in fee simple forever,. . '" AND the Grantor hereby covenants with said Grantee tJ:lat-the G~41ntor ~lawfo'l!y seized of said land is fee simple: that the Grantor has good right and lawfUl authority to, $s.H ahg cOl1\tey ~aid rand, and hereby warrants Ihe title to said land and will defend the same against tfie)aw,fJ.l/'pfair'f1s c)fall pe~sons whomsoever; and that said land is free of an encumbrances, except tax~s accir~ing-~~seq~ent tel ,?ecember 31, 1999. .". ...' .'h IN WITNESS WHEREOF, the s.aid Grantor: has si~nedand sealed.me'59 pre~~is the day and year first above written. . '. . . . ,j I' '., ... ,so:" ....,.. ,r' .-.-:::r."'': ...,. ".j~,~:!" ~f!"'.' 18/B5/200~ 11:54 5513925%5 GREa~FIELD PA Agenda It~~. 1;i5B OR: 365 9 PG~JgJM1~~~ SiATE OF FlOR~~ COUNIY OF ~ ~ ~-l'h " 1frJ I A ,t The foregoing instrument was acknowledged before me this -cay of -< .' [~(.'"'"1:,,/~ , 2004, by Mark L. Lindner, Trustee, who is Der~ol'lal!y known to me, OR Who producad r1i o~S~d:catlO~' and who ~m~..n o:~~ MY OOMMISSION' DO 2~ . Notal)' Pu ~ 0' ~~ E)l.PII'lfi.S: OllClenlllst II, 2lXl1 . me: \~M't' Fl ~ pI- ~ Oct Commission No.: My CommIssion Expires: ..' ~. . I .. 14. ., ( ~ ~ . .. .. ~ . ' ) , ~ ... . . .. . . if.,.' ::"~' . .........,' (\).t 1~ d " ~ (" H J r !. '. ,,' ; ...' ~. .: , .~ . . . . :, ...' . n. '::' d III" ~ ~.' . , ',...- ". ...... ...... " . .. t ;.,.... '" 10J~biLe~q ll:~~ :lO.L.:J='~,O::lO..J *'k* OR: 3659A~~a 1t64~o~t'B ~une 9, 2009 Page 56 of 132 EXHIBIT A The South one-half ($ ;'-;) of the Southeast one-quarter (SE 1/4) of the Southwest one-quarter (SoN 114) of Section 34, Township 48 Soutt1, Range 26 East, of Collier County, Florida: less the road right-of-way for Vanderbilt Road. . .... ~t~;~';Of-~rL~RHJr _._...~,;.,~ , ~',"j,;oU~tY: or '.COLLt-EiR '("~'-h.. ".' "r" ~"'t"uttEl';V ~..;.... '. . -'. ."':"t><~'~"~ r 1,>1;.,'" IFY: THAT thi~ i$ II true and . t ,.~c .,c.ot:\Y 'of II ~tIIlIent recorded in ~~;"f~~l~t~, RECORDS af Collier C~u~tl ",,'_:i.+d'l1 and", offrj 1 SI! 1 thf~' d~te. ' . r.n(fCJH fa.. v- Q Q I " Agenda Item No. 178 June 9, 2009 pa,ge 57 ~1. 132 3379938 OR: 3542 Pu: lt1)6 ", UCOIDID in OllICIAL aCOlDS of COLLIIl eoum, n 'I/14/Z0G4 at 01:13Pl DIIGIf I. BIOCI, CLIlI cOla ItOOOOO.OI IIC !II 10.5' DOC-,'. 13300.00 Up PREPARED BY AND RETURN TO: THOMAS G. ECKERT'(, ESQUIRE 12734 K..,wood Lane, Suite 89 Fort Myers. Fl 33907-5638 Strap No.: Recordlrlg: $10.50 Documentary Stamps: S Retll: GOODLlnl COLIW It U 4001 TAlIAII n I nOt mus n. 3un THIS WARRANTY DEED made this I., ~day of A/)./l.,t1 , 2004, by I MARK L LINDNER, Trustee under unrecorded land trust, dated May 21, 1999, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided i~ F. S. 689.071, whose post office address is 4980 Tamiami Trail, N, Suite 200, Naples, Florida 34103, hereinafter called the Grantor, to .___---___ /-. -::lZ C ----: BUCKSTONE ESTATES':1'6'.b1~im~ . .' ~pany, whose post office address is 378 ~I rt Road, N, Suite B-1, N es, lorida 34105, hereinafter called the Grantee; ~~--.~ '------s-\ \ WITNESSETH: That he ~ j' the,sum of Ten Dollars ($10.00) and other valuable considerations, ce' he f' h r b n e d her~bY grants, bargains, sells. aliens. remis~s, rel~~sesl conveys an 0 so'" r. t all th t c rt ~7' d, situate in Collier County I State of FlorIda, VIZ. C'"', , ~ t ~. :,,(0 , ....., \'~ .~ j:..O; The North one-half of t. ~est one-quarte ~ ~ Southeast one-quarter of Section 34, Township 48 S '>. ..East;::~, County, Florida ",-HE eIR\.... SUBJECT TO EASEMENTS, REST~ D RESERVATIONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS IT EVER BEEN THE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same in fee simple forever. AND the Gramor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2003. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Goodletto. Coleman & Joh~ P A 4001 Tamiami Trail, N. Suite 800 Naples, FL 34103 lY'<'" ll:2.l/. 012.. ,. p"n~e~~~~~ Agenda Item No. 17B June 9, 2009 Page 58 of 132 ttt OR: 3542 PG: 1851 tit /:jLmtie~L~ndh~ land trust, dated May 21. 1999, with full power and authority to protect, Conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. S689.071 STATE OF FLORIDA } ) 9: COUNTY OF COLLIER) . The foregoing instrument was acknow~ed before me this~ay of 12 ~ ....e-.. . 2004, by Mark L. Lindner, Trustee. why i.~ e ~ who produced as iden~Jt;a ~ . ~e an oath. /Cp:/' .{ t\ . / ~ ryPubJj \ · { ~~: ,\,~~, Ch~ F. Hill i/7C\'! Q)L . No.: \ ':~~' CaImoiaiootIllll21l2A II I c I lss~n ~~s: !ll Expires~ r.lJ 2007 n ~~~ \l J f-I "".~"..., AdIatic~Co.,- \(" "'L. 1 ,c.;1 \(('" J1 I / ::)/ \f1~ >t'YI.?/ ~ (~ -----:. ~)/ ~!JiiCc;Jlz5;'-JY 3364728 OR: 3526 PG: 0102 RECORDB~ in the OFFICIAL RECORDS of COLLIER COUlTY, rL 03/23/2004 at 09:20AM DWIGHT B. BROCK, CLERI Agenda Item No. 178 June 9, 2009 Page 59 of 132 CO'S 1040000.00 DC liB 1&.50 DOC.,10 1280.00 . . ftt-Y"c.e I 7 (Eq5t- Retn: S~ALK i 80URGBAU 2375 TAKIAlI TR J #308 IIAPLES FL 3m3 f{ q r-r:) PREPARED BY: THOMAS G. ECKERTY. ESCUlRE 12134 Kenwood lane. Suite 89 Fort Myers, FL 33907-5&38 Strap No.: Recordln,,: $ Documentary Stamps: $ ~w~ ~ SWALM & BOURGEAU, RA. '~_rp d...d" 23i5 T~mi~mi Trnil North, Slllt~ J08 N2ples. 'FIOrid2 34103 iI. THlS WARRANTY DEED made this ..!L. 'day of December, 2003, by MARK L. LINDNER, as Trustee of an unrecorded Land Trust u/tld 5-21-99 . with full power and authority to protect, conserve, sell. lease, encumber or to otherwise manage and dispose of the real property described herein, as provided 1n F. S. ~689,071; whose post office address Is 4980 Tamiami Trail, N. Suite 200, Naples, Florida 34103, hereinafter called the Grantor, to BUCKSTONE ESTATES,lLC, a Florrd!!.llm' d Iiabilily company, whose post ?ffice address is c/o 3785 ~~.~. t{~V'F aples. Florida 34105, hereinafter called the Grantee. CPY f~ . WITNESSETH: That th G~t~r, rOI and.ln~nsip.e[ation'C:{fttl\slJm ofTen Dollars ($10.00) and othervaluabJe considerations, r eip hefetfflWher[l bV8C\(hc, edg he~by grants, bargains, sells, aliens, remises, releases. conveys and on mo a~. ~ r laM, situate in Co/lierCounty, State of Florida, viz: . ~ )~ ) \. \!j \ 1 The East one-half oft ~~ e rth ~b J~ arteroftheSoutheast one-quarter of Seelio ~ irownshlp 48 South, ngo 26~Z~kollier County. Florida ....) ~ ~ ' SUBJECT TO EASEME ~L. ESTRICTIONS A~ / lONS OF RECORD. THIS PROPERTY IS NOT ~ -J::! S IT .IJE THE HOMESTEAD OF GRANTOR, NOR HIS SPOUSE OR CHilDREN. NO C~~~ O. - TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. H~LL MARK L. LINDNER, as Trustee of an unrecorded Land Trust ultld 5-21-99, with full power and authority to protect. conserve, seD, lease. encumber or to otherwise manage and dispose of the real Agenda Item No. 178 June 9,2009 Page 60 of 132 *** OR: 3526 PG: 0103 tit pnnledn~Al~ property described herein, as provided in F. S. 9689.071 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I ~Jay Of' L. Undner, as Trustee, who is personally known to me, OR who roduced identification, and who did/did not take an oath. cWt;j~,b /~1SC- ~"....... IoIVlIE J. \i:lNEWAIfi ~ ~ ll'I c;oI.IMlSSlON' 00 t~ .---__ '. ,..;.' EXPlRES:Jtiy~ \\cR COr-'~ &;x....HlIU.-,.""*' ).:::.---~~ ..-\7 :0.. f ., I // ~ }....."'-. /(/ \ -----... . n\ \ U) ~ \ ItJ "C:~. .....-=:::;./ --;~ I!~ / \ ... ..;.\ -,~k J '" / \ ~r -1~j /.l) / \-1-...."'~ 1)/ ,~ -, ,.(' .../ " U.A <:\. '/ ,F '"'l .~\) ". ~.!.!-IE cn~C ~ ---_._~ I I I 1 I f a.y- <.:.e. I 7 (wesf H<c 1+) Agenda Item No. 178 June 9, 2009 Page 61 of 132 3364725 OR: 3526 PG: 0095 RECORDED iD OP1ICIAL RlCOlDS of COLLI'. COUIYJ, IL 03/23/2004 at O!:20AK DiIGBT I. BIGct, t~11I COIS 1030000.00 DC nl 16.50 nOC-.7' i210.00 l PREPARED BY: THOMAS G. ECKERTY, ESQUIRE 1273-4 Kenwooct Lane, Suite 89 Fort Myera, FL 33907-5638 Retn: Si~LK , BODRGllU 2315 TAlIAKI fl . ,30B RAPLBS n 34103 Strap No.: Recording: $ . Documentary Stamps: $ TH~S WARRANTY DEED made this /1 .,.1 day of December, 2003, by MARK L. LINDNER, as Trustee of an unrecorded Land Trust u/ttd 5-21-99 ,with fun power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. S689.071; whose post office address is 4980 Tamiami Trail, N, Suite 200, Naples, Florida 34103, hereinafter called the Grantor, to WILLIAM L HOOVER, as Trustee of thif..aJ Timbers Land Trust dated November 5, 2003, with full power and authority to protect, conse :.....'\' al e, ber or otherwise dispose of the property described herein as provided in Florid ~O~~ . ,4~. whose post office address is 3785 i~'Road, N, Suite B-1,~ ;e~~rida 34105, hereinafter called the Grantee; 1\"-\..--- \ iA--........ --.. . WITNESSETH: That t e ~ o. r~, e ~um of Ten Dollars ($10.00) and other valuable considerations, Ii cei w er fi h re a n ere~y gra.nts, bargains, sells, aliens, remises, releases. conveys an con ute th c ~ ,situate in Colller County, State of Florida, viz: 0 ..() V::'2 .0\..- ~ ~ I /~ The West one-half of thone-halfOfthe~~west . ") uarteroftheSoutheast one-quarter of Section ship 48 South, Rl-~ \,..-, ' Collier County, Florida SUBJECT TO EASEMENTS, ~'--:10NS_ .. ~^ VATlONS OF RECORD. ~T7ffp r~lRC/ THIS PROPERTY IS NOT NOW NO ~ BEEN THE HOMESTEAD OF GRANTOR, NOR HIS SPOUSE OR CHILDREN, NOR CONTIGUOUS THERETO. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining: TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Granlor rs lawfully seized of said land is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrant~ the title to said land and will defend the same against the lawfui claims of all persons whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF, the said Grantor has signed and sealed these pres ts the day and year first above written, . M L Signed, ed and die re5eoce of: . I lid Printed name: MARK L. LINDNER, as Trustee of an unrecorded Land Trust ultld 5~21-99, with full power and authority to protect, conseNe, sell, lease, encumber .I '.. Agenda Item No. 17B .. June 9, 2009 . Page 62 of 132 *** OR: 3526 PG: 0096 tit gJ~,~~c~ or to otherwise manage and dispose of the reat property described herein, as provided in F. S. S689.07' STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I rtr!ay of December, 2003, by Mark L. Lindner (l TElstB7rM lI~Land Trust ultld 5-21-99, who is personally known to me, OR who produced _ n V4 . . entification, and who did/did not tak an oath. 'tlNt ~ olary Public ,// J ' Printed Name: UAn I Commission No.: My Commission Expires:' -111-l-/ /) l? j ~u -1~~~ ,~ M'(~MISSlON'OO ~ ..-- ~~rJ"'~~'\ ?oW EXPlREs:.lIiy <-.... .~ ll<r<IolI1lrIIt.-y . / 1 .-,.'-------..r-, \ \ .lL--=_ \ \ \ (', ~r0~""-]'J[)~rl, 1 0\~"--VJ J ~~ lJ, it) , '~ ~J \ ;'::::; \ ...-:-., 1!k. ; " ',-.I \\~;-6,'.'i~-h/ t,'" I t ... ,< 't.... ".,,,/ f <t"_, A "-'I "'- u ~" ,,./\\'" / ~.('. "'" ""----.----c' '\) / ""~f!E_g~/ !i "fcty-c:e l <6' Agenda Item No. 17B June 9, 2009 Page 63 of 132 3379936 OR: 3542 PG: 1852 OCODID la mICrAL bOOb. of co...m coum, PI. 04{14/2004 It 01:13!1 DIIGIf I. !IOCI, ~II COlI 11'0001.0' ue m U.s, DOe-.lt 7701.0' Rem: HLlm COLIW rr AI. toOt fAlCIAl! n I 1300 WLIS U 34103 TRUSTEE'S DEED . . . THIS DEED, i~ made on this 31 Sl day of March, 2004, between WTI..,LIAM L. HOOVER, individually and as Trustee of the Fallen Timbers Land Trust dated November 5, 2003 (the "Grantor"), and BUCKSTONE ESTATES, LLC, a Florida limited liabili ty company (the "Grantee"), whose post office address is 3875 Airport ~..Q.lLci.No!!l:, Suite B-I, Naples, FL 34105. ./---:'"y:,R C()~~ Grantor, in consideration p~~~nZlOO DOLLARS ($10.00) and other good and valuable considerations rQj)rla Grantor in hand pau}b)''Grantee, the receipt and sufficiency ofwhich is hereby acknowledied, }{M"grante4.J>.!f~ed and'~ld\o the said Grantee and Grantee's heirs, successors and assi~for~er,~e~~g ae~ribed prop~, situated, lying and being in Collier County, Florida, to wit: ~@ 'NDW1. \ The East 66J (e.e~~hJ~ J:l%; ~f~~E ~ of Section 34, Townsh~~ outh, Range 26 E~A. CD~l.jer.,tirohty, Florida ~~\ ...1L~~!.....)/ :.<:, '1' "" I Collier County ~ lio Number: 0020 ..0.0 ''i '\..0 l"''''- -- <Z" SUBJECT TO: (a) real es'titt~~~~ 004 and subsequent years; (b) special assessments levied by go~r:n:riien~ority (c) zoning, building code and other use restrictions imposed by governmental authority; (d) outstanding oil, gas and mineral interests of record, if any and (e) restrictions, reservations and easements common to the subdivision, if any. Grantor represents and warrants that neither him nor his spouse or any minor child thereof resides on the above described property or adjacent thereto and in fact resides at 5690 Waxmyrtlc Road, Na.ples, FL 34109 and that the above described property does not constitute the homestead of the Grantor. l'\...'1d said Grantor does hereby fully warrant the title to said land, and '.vill defend the saIne against the lawful claims of all persons claiming by, through or under Grantor, but no other. This Instrument Prc:pared By: Gregory L. Urbanclc. Esq. GOlXlleue. Coleman & Jo1mson. P.A. 400] Tamiami Trail North. Suite 300 Naples. FL 3410) I "72 Ii .0 If Agenda Item No. 178 June 9, 2009 Page 64 of 132 tit OR: 3542 PG: 1853 tit IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence 0 f: ::b~ y ~ WILLIAM L. HOOVER, individJaUyand as Trustee of the Fallen Timbers Land Trust dated November 5, 2003 / ~ ~-~~~ /(. Q.--/ ~ ~'I--~. \ ' ~/ ' <~~ STATE OF FLORIDA ! / 'i"::-'''''''-----...r; \ \ COUNTY OF COLLIER ( frry7f; 'iJ y~ \ \(-~,IW~U / ~ (i "...1 ') 1 THE FOREGOING~.~ TRUME~was '" ~fore me on this ~ day of March, 2004 by WILLIAM ~ C OVER who ( o~ knO\\'ll to me or who (~ has produced his driver's license r: ~fication, indivill ~G as Trustee of the Fallen Timbers Land Trost dated November 5,W~,....,.'- if/'<"\ - "(.r 7)o.J".---- ~C\J " ' ""TR ..-...","" ...J._ Notary Public Print Name: State of Florida at Large My Commission Expires: (Notary Seal) _~"'1 filth .,.... ......."<f. 8fWt)v A. RA8Pf(E ,....~ ;. MY COMAIlSSIOH t DO 158976 ~~~ EXPIRES: Ftbiu-y 11l.~ 1>"..,,0'"' lloodollllw.a*IHolIIy..... S :\BRANDY\CLOSINGS\Hoover\1724 .011 \Deed2. l,1.1Xi In.-..._ "" _ r.,.... V"lSt:.. Ul .1,) ',o~ v ~ e l 9 Agenda Item No. 178 June 9, 2009 3829041 OR: 4026 P(f~g408rf 132 RICORDI& iu O!PICllL RlCOiDS of COLLIER COUITY, It 04/2812006 at 01:51PI DiIGHT I. BRDCI, CLllI COIS 3300000.00 IIC III 18.51 DOC~.70 23100.00 COPIlS 2.01 KISe 1.50 Preoared bv without opinion of title: Melinda P. Riddle 2500 S. Airport Road, Suite 3 II Naples, Florida 34112 When recorded retum 10; Sleven B. Greenfield. Esq. 7000 W. Palmetto Park Road. Stc. 402 Boca Raton. FL 33433 letD: lJ.nllS fULl IIStlWC! CORP PIct UP WARRANTY DEED 1. IDENTlFICA nON OF GRANTOR Grantor's name and address is: Gerardo Mederos, as successor Trustee of the Dania Mederos Revocable Trust dated August 15, 2000. 2. IDENTIFICATION OF GRANTEE Grantee's name and address is: Portofino Falls Builders, Inc., a Florida corporation. 3. MEANINGS OF TERMS The terms "I," "me, II "you," "grantor," and "grantee," shall be non -gender specific (( i) mascu line, Oi) feminine, or (iii) neuter, such as corporations, ,R!!tlM[ships or trusts), singular or plural, as the context pennits or requires, and include heirs, pers .-.. PfesertlaliY1, est. successors or assigns where applicable and 'tt d .'( t:,......... \..A,.) ,. ...... penn I e . i ,')--' .----~.l\l....., .~ ~l"'t-~, 4. I?,E:SCRIP.TION OF RE"AU}tOPERTY CONVE~ ~perty hereby conveyed (the "Real Property) IS described as folio,s: / '\---~._..__ _ \ \ THE SOUTH HALF (\12) OF THE NdRT~~~-=;:il'Sf(cr~ T\'., <-O~WE~T QUARTER (1/4) OF SECTION 34, TOWNSHIP 48 SOUTH. RANGE 2 tiE A. I ,A,tf(rS~n:Gf~'~ ~A.~~1. RPUBLlC ROADRJGHT-0F-WAY OVER AND ACROSS THE EAST 30 FEET tHE of, c~LiE~] . U5\'f~1If. Parcel Identification No.: 0020440008 1 r..... \ \.../J \. \.... /. ~ f f-, Property conveyed is vacant I~\ nor-the hoMestea ~r"i'no/.srf contiguons theretn. 5. CONSIDERATION \'~ \ ~~ ' ./0/ Good and valuable conSi~~PIU,S the sum ofTe~J~J$10.00) received by me from you. ~~~ ~". / 6. CONVEY ANCE OF REAL ~.--~ ~0 ,>./ For the consideration described J . -.. ~p~'"5trhC~anted, bargained and sold to you the Real Property to have and to hold in fee simple (eState-tit-p~rtY unlimited as to duration, disposition and descendability) forever. 7. WARRANTY I fully warrant the title to the Real Property and will defend the same against the lawful claims of all persons whomsoever except for covenants, reservations, restrictions and easements of record, if any; and taxes subsequent to December 31,2006. 8. EXCEPTIONS This conveyance is subject to taxes for year 2006 and subsequent years. ~:a:~~ Pri t name: an . I tp ~ p. i!i Print name: I."~O ~ 'fll:- A.~ t' J:,~1tt4t/J~ ~p~').) Gerardo Mederos, as Successor Trustee of the Dania Mederos Revocable Trust dtd 8/1512000 Agenda Item No. 178 June 9 2009 t*t OR: 4026 PG: rot! 6t\"132 ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 24th day of March . 2006, by Gerardo Mederos, as successor trustee of the Dania Mederos Revocable Trust dtd 8/15/2000. Gerardo Mederos is personally known to me OJ hu pJoda~cd <1$ id{.ulifi...ation. ~P.~ Notary Public - State of Florida ,.. :.\' d." I.r \\~' ,.!J I' ", :;~ '.' l)' "" ~>.... -..f.-. ur';;' ~1\. ~ p.ttJtW : 'I. ~ \.;M,~:~iw~~ ., ~e~~~! ..' "'J: .... <I" ~.: /, ~ '. '" .......,.... .=-.,. ~, 1'" ~., ,\" '. I g \\\\1',,~. .", .~ //:~iR-C:O-;-';A"" /- :\..~~------'-~.( li-";'.'--, (~ 0:/ '".( }'" / \.."v '<:'- \ If /' ,---. \ \ \ . '--.- r~ \ \ . ;.&<-"""'-", --.. \ \ \ . I' .~-.\ ~ ...., I ~-1~ .......--.....~ <;;'-\ ' ( Ii r""~f (\ \)I"',D ) \, \;/ \ \ I :1 \ \ \ /1 r 1'- '.1 ( I. I " (" \\ '-d ". \-' / _ i \J L i;-, 1 \ . - \ '-- ,,-~- ~.- ~ i... j \...-' \ \" " .';..;::;, '-," I( I j' '-...,/' \ '~\ '\ A~ f '......, \"/ .~-....... /'''< \. l<!,q I ./' ,/ \ I "'" /' ......, \ '..,.~~_ o..--r ( I \* \ . ,1/ \< (/;::"'_ ,/ '''. /' ...... ~f'v '''-..__''__~___ _,\) '\. / '-".J In."; C1 R C,/" '-"---::::.~...~~""'./' C;OLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COlLlERGOV.NET (i) Agenda Item No. 178 June 9,2009 Page 67 of 132 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PRE-APPLICA TrON MEETING NOTES D PUD Rezone (PUDZ) D PUD to PUD Rezone (PUDZ-A) KI PUD Amendment (PUDA) Date: Je..=(g--m Time: g~tfS- Firm:J:Joover--Pldn~rf9 Project Name: W OLF C/ZE];i( K puD Size of Project Site: I bf? .f acres Applicant Name: Phone: Owner Name: Phone: Owner Address: City State ZIP Existing PUD Name and Number _W OLF ~~~ r D€D07-% Assigned Planner -Kdtf D.e.s.ela.w1 Meeting Attendees: {attach Sign In Sheet} Submittal requirements (see next page checklist): -1- G:\Current\Pre-Application Forms 2006\PUD Rezone PUD Amendment PUD to PUD Rez.one pre-app D11608.doc PUD REZONE (PUDZ) PUD to pue REZONE (PUDZ-A) pue AMENDMENT (PUDA) APPLlCA TlON SUBMITTAL CHECKLIST /\ n,::mrJ., It"""", "I,., 170 June 9. 2009 Page 68 of 1 32 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF REQUIRED COPIES ~~.; ,Ktlilf{l~j~l;~iN.ttg~~i4W~~~~?$i~R1!;~~p~~%~~~~~~~j.G}~'if~R~r~1sD~~~~}*~~~R~~~~, Deeds/legal's & Survey (if boundary of original PUD is amended) List identifying Owner & aU parties of corporation Owner/Affidavit signed & notarized Covenont of Unified Control Completed Addressing checklist Environmental Impact Statement (EIS) *' or exemption justification Digital/electronic copy of E!S Historical Surveyor waiver request UtTlity Provisions Statement w / sketches Architectural rendering of proposed structures Survey, signed & sealed Traffic Impact Statement (TlS} or waiver (with applicable fees) Copy of Traffic Impact Statement (TIS) on CDROi/1 Aerial Photograspchs (token within thedPreVious 12 months min. scaled 1 "=200')/ .j showing FLUCC odes, Legend, an ro'ect boundar Electronic copy of all documents in Word format and plans (CDRom or Diskette) Justification/Rationale for the Deviations {must be on a separate sheet within the application material; DO NOT include it in the PUD documents} .~~~gg~m~~\~~~,~J,~~~~l~~~~,r.~~W~f~l~~~}).. o EDC "Fast Track" must submit approved copy of official a pp lication o Affordable Housing "Expedited" must submit copy of signed Certificate of A reement. AppHcant must contact .AI\r. Gerry J. Laccverc, State of Florida Division of Forestry @ 239.690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. ~~ If located within ~h mile of City of Nooles, send COPy of submittal pockooe to: Robin Singer, Planning Director City of Naples 295 riverside Circle Naples, Fl 34102 24 24 24 24 24 24 24 24 2 2 2 2 2 2 1 4 4 4 4 7 3 S 1 24 2 NOT REQUIRED ....... ..; v ~ V V v v v v v' V" -2- G:\Current\Pre-Application Forms 2006\PUD Rezone PUD Amendment PUD to PUD Rezone pre-app 011608.doc Fees: ~ g ! It Agenda Item No. 17B June 9, 2009 Page 69 of 132 Application Fee: 0 $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ~ $6,000 (PUD Amendment) + $25 pe~acre ,(or fraction of en acre) J, itTa..D C>~ W~ e.vU""' crCZA... lS I" <if~C\ v~ort S MI $1 50.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. $760.00 Legal Advertising Fee for CCPC meeting $363.00 legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Doily News). $2500.00 Environmental Impact Statement review fee $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certilied return receipf mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees. (Refer to Exhibit A): o $500.00 Methodology Review Fee, if required *Additional Fees to be determined 01 Methodology Meeting Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner rior to the due date --.W.:lLt' SCHOOL DISTRICT PARKS & REC SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 - EMER. MGMT - Jim Von Rintein UTILITIES ENGINEERING - Zamira Deltoro ODeS Cvv,dilldLol ~fld8 B. Route Sheet Meeting Notes ,. -3- G:\Current\Pre-Application Forms 2006\PUD Rezone PUD Amendment PUD to PUD Rezone pre-app 01160B.doc co C'i I'- M ..- ..- "- o - 0 Z 0 E I'- ~ ~ ro rolo... "'0 C ()) O'J <t: ~ = .!IIIIC ~~ !~~ == 000. ~Z' ~~ =z ~ ~~ 1~ Q) .. !~ I I ~ LJ eo 00 t ~ ~~ --':;E 1 u. SI~ I- <( o Q ~ ()w ::E 4: . z 4-t 1:'\ ~ ~o -7 g: ~ --.. -~ ~ .! > CD ~ - C IV E c. o "i > CD - 0. ~ "tS ). C 0 D ....a ~ D) c .c o N ... o C CD E - .. D c.. CD 0. Ul Ul CD 1 ~ t'J E ~ .9! a1J (IJ {I) Q) Q ~ .- M 0- C"'l I M .- C"t I c:: 0- ~ ~I <( .. ....a CD Q.. ..Q Q E w ::t Z Z C) CD Vi g V) ..c <( Q.. en en liU 'a:: C C <( ~ ;;: :E I lW I~ S2 ~? I~ ro ~ ~ l~ '-? \:' ~ \Z ex rJ --J I~ vS \1' a.. ClS N :E a:: u.. '<t e t? ai ;; ~ N e 1.0 co "0 (1) (II .;; (1) L.. t> o -0 ~ cb N 6 ...... 16 (!) .c ", .5: c:: C> '(j; "0 (1) ", :;; (1) ? <J) 9- tit I Cl) a:: s Ii.: VI <t"' Agenda Item No. 17B June 9, 2009 Page 71 of 132 DeselemKay Subject: Location: Pre-App PUDA; Bill Hoover, Agent; Kay Deselem, Planner Conference Room C Start: End: Wed 6/18/2008 9:45 AM Wed 6/18/2008 10:45 AM Recurrence: (none) Accepted CDS-C; DeselemKay; BrownAraqueSummer; billh@hooverptanning.com; AblerKenneth; AuclairClaudine; beard_I; BuchheitDavid; CaHisCraig; CasalanguidaNick; DeltoroZamira; jarrelLp; McNall Bruce; muller_r; PodczerwinskyJohn; rileLm; seal_s; wlleLr; weeks_d Meeting Status: Required Attendees: Meeting Request Number: 4378 Meeting Type: preapplication Requested By: Bill Hoover on 06-Jun-.08 Phone: 403-8899 eMail: billh@hooverplanning.com Representing: Wolf Creek Estates, LLC Folio: 00203800007 Zoning Wolf Creek RPUD SPD/SIP NA Subject Type: pun Amendment Location: 3785 Airport Rd. N., #B-l Naples, FL 34105 Description: We would like to amend the text ofthe RPUD Document, more specifically Paragraph 5.70. This states the developer shall commence construction of the extension of Pristine Drive within one year of RPUD Approval (May 22, 2007) and complete the roadway extension within another year. We would like to strike- through and underline the RPUD Document to provide additional time for these construction deadlines. No other portions of the RPUD need amending. 1 06/1B/20ee 1~:31 2394039609 HOOVER PLANNING & DE Agen~m 1Nb. 17~ June 9. 2009',. Page 72 of 132 '. 2800 NORTH HORSESHOe DRIVE N.A.PLES, FLORIDA 341 04 COWER COUNTY GOVERNMENT ADDRESSING DEPARTMENT (i) < ~..;~~"._' .'."~: '_ III ~.~ I JfDDR~~~NG~~HEcKLrsT , -- ~ ' " ',' , ", ' ' " . '" '. , J r. Please complete the foUcw;ng and fax w tl1ca Addressl.,g Oeparlmol1t at 239-252-5724 or ~t.Jbmjl in p~S"..m to the AddressIng Department at the sbove address. Form ~lJst be :oigned by Addres$ing persPl1nel prIor to jJr[;!.~p~liCEltic:n meetlng, Not all Items WIll apply to every pro,leot. ltems In bold type are required. Fonns older than S months WIll reqUire addltional reView and appraval by the Addressing Department PETITION TYPE (cheer.. petition type below, complete a separate Adaressmg Chsc;kTi$t for eetOh PelJtlon Type) o BL (Blasting Permit) o BD (Boat Dock E'Xtertslol'1) D CarnlvalJOirous Permit o CU (Condlfion:ill U~~) o EX? (Excavation Pfl!rmit) o FP {Final Plat o LLA (Lot Line Adjuslmel~1) o PNC (Project Name Change) 8 PPl (Plans & Plat Review) PS? (prefiminal)' Subdivision Plat) ) ~ PUD Rezone C jtIm ~n d nt 1?9t 'f- '0 Rl. (Standard ~ezone) 8 sOP (Site Develo~~nt F'lan) SDPA (SOP Amendment) o SDPI (Insubstantial Change to SDP) o SIP{SitEllmprovem~nt ?l~n) o SIPI (InsubstantIal Change to SIP) o SNR (Streat Natt'1e Chanse) q SNC (street Name Change - Unplatted) o TOR (Transfer of Development Rights) o VA (Varianoe) o VRP (Vegetation Removal Perm~) o VRSPP (Vegetation Removal & Site Fill Permit) o OTHER I L ,U 11~1~11It 'IT LEGAL DESCRIPiJON of sub~ct property or properties (copy of lengthy description may be attach~ ~ 4- .... If. 'is - G:--b J: y/.s 'ir'", 9' aJ ~ I-P ~ re Q: K /f r'u.t? (S'!1! p- c:;" of 1- ~ c It. e d t'CU"c.tLls <1/14-, f~j 1'1,?../" 'Zr7f 4-1 ~lL!5eo-c e.~~ p~ l- ~ ~ ~\ <rJ.. PG"i-\-w~r"t...(;:l FOLIO (Property 10) NUMBER(s} Of abdve (attach to, or associate with, legal description! more than 'One) Ct:>n..d.o~; (.l.......... , $'"e~ Q.fi-a..chtP.O' STRE.ET ADDRESS or ADDRESSES (as Clppficab!e, jf already assigned) NrJ . LOCATJON MAP must be' attached showing ex~c,:t lur.;l:itlc,m vr pi (,.lj~uthsrLe in relaUofl Lo nearest. publir;: load ngtJt-of-WQY . SURVE;Y (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if appHoebf~) IV,q PROPOSED STREET NAMES (if applloebl~) /\I -1 SITE DEVELOPMENT PLAN NUMBER (for existing projeatslsites only) SOP Of AA# rV 11 Page 1 of2 ~ A~C.LcuJ 05/16/2~08 12:31 22g4039SG9 HOOVER PLANNING & DE Agendcp~ ~ 178 June 9, 2009 Page 73 of 132 ADORES~lNG ~HFOKI..lST - PAGE TWO Project or development namea proposed for, or .already appealing In, condominium doeuments (if application; IndloatG whatl'lerpJ'Oposed orexistlng) /-VJ1 I-P- e~(!. (2,,i:; /f .Pf..-J,J::J ('l::. x/~ ?''':'~~.l rl\ II:; t:'J..p ,1 ".;tc r:;:.., tJ Cc;.,d" so C e.~./ r ;e...~tJ ~/'!1A:- d"et.t.... ..e,'4"j' ~ Su b~. (t>-~':.'J >'--'.H~l ~I.... On... On.: M Choddlot ~ ..lb, F.... "Ci< . 0 ..""'....,y ~ok" Up APPLICANT NAME: 6'/ r / tY" 1 '" v tV; 1'1.. <> V' '" v ;&' l-r", r"....' . PHONE, 1" 3- 3' K f) ? FAx 9(,) 3'- 9t:!J 0;), . SlgnaltJre on AddresolMg CheCkl~ does nO! constitute Project alTdlor Street Name approval end is subject \1:> further ",,"ew by.the AdiSlng Department. IIll ~ FOR STAFF USE ONl..Y Primary Number 4- "Z... S. f Address Number ~-$.y..<l~ Address Number /.J,. Z. ::.- I Addr@ss Number LfZ-;' 7 4-i-So Approved by: Upd,ted by: 7- -;.. ~ ~9 0'2: ~o 7... Lt 3 ~'1 D z,..$1 $~Ca32..5 ~3q >~~>Z- fa ~;..S9 "l z:. ~'S'b~"'l-1 ;.qDz..-~Z- Y'1 t::IZ- 19 J IF OLDL THAN 6 MONTHS, FORM MUST BE UPTTED OR NEW FORM SUBMITTED r 1S' Date: ,._ _9 0'.: l -- 0 DatA: Page 2 of 2 Agenda Item No. 178 June 9, 2009 HOOVER PLANNING & DEVELOPMENT., INC. Page 74 of 132 Land and Traffic Planning Consultants 3785 Airport Road North, Suite B-1, Naples, Florida 34105 Phone 239-403-8899/ Fax 239-403-9009 E-Mail billh!ZUhooverplanning.com September 5, 2008 PUDA-200B-AR-13801 REV: 1 WOLF CREEK PUD Project: 2001050043 Date: 9/30/08 DUE: 10/28/0B Ms. Kay Deselem, AICP Collier County Planning 2800 N. Horseshoe Drive Naples, FL 34] 04 RE: Description of Amendment to the Existing Wolf Creek RPUD Dear Ms. Deselem: As we discussed at the Pre-Application Meeting, this RPUD Amendment should be on the simpler side as we are requesting only a single change to the existing Wolf Creek RPUD Document and no changes to the existing Wolf Creek RPUD Master Plan. The lone change requested refers to a traffic stipulation in Section 5.7, Paragraph O. of the RPUD Document. Paragraph O. of Section 5.7 currently states, "The developer shall start construction of Pristine Drive within one year of the approval ofthis RPUD rezone, and said roadway shall be constructed to County standards and accepted by Collier County through the normal acceptance process. Said roadway shall be complete within a maximum of tvvo years from the approval date of this RPUD rezone." (The RPUD was approved on May 22,2007.) This traffic stipulation was put in the RPUD at t~e request of the owners' representatives of the Palermo Cove PUD that is located directly north of the subject RPUD. Their reasoning for having the traffic stipulation in the Wolf Creek RPUD was the Palermo Cove PUD was only allowed to use Vanderbilt Beach Road for access until the 6-laning of Collier Boulevard was complete and Pristine Drive would have provided them this north-south access. In late August 2008, all 6 lanes of Collier Boulevard were open north of Vanderbilt Beach Road so the Palermo Cove no longer is limIted to only Pristine Drive as they may now use their direct access onto Collier Boulevard via Wolfe Road. If you remember, Pristine Drive was constructed about halfway from Vanderbilt Beach Road to Wolfe Road in order to provide access to the Falls of Portonfrno (multi-family homes) being developed by Prime HomebuiIders on the west side of Pristine Drive and to Black Bear Ridge Subdivision (100 single-family homes) being developed by Buckstone Estates, LLC on the east side of Pristine Drive. The extension of Pristine Drive is intended to provide access for the proposed Pristine Lake Subdivision that is still in permitting and is located on the west side of Pristine Dri~Te at the intersection 'lvvith \1./o1fe Road. _~11 3 of these residerltial projects are within the Wolf Creek RPUD. Currently, the Palermo Cove PUD is not under construction, the Falls of Portofino has roughly 25% of their buildings constructed, and Black Bear Rjdge has 15% of their homes either finished or under construction. This slow pace of construction is obviously due to the substantial slowdovm in sales of ne'vv residential homes. We do not expect the extension of Pristine Lak.e Subdivision to be needed for severa! years and bave made commitments in the revised RPUD that construction would corrunence at the earlier of the construction of the Pristine Lake Subdivision infrastructure improvements or Agenda Item No. 17B June 9, 2009 Page 75 of 132 May 22, 2011 and be completed within one year of conunencement of roadway construction and before any homes in Pristine Lake Subdivision can receive a permanent Certificate of Occupancy. If you and/or the County reviewing staff have any questions feel welcome to contact us. Sincerely, ~~~ Bill Hoover, AICP 317EdescotRPUD ,,45S"es ...?- '0" / / ' "-' t9" <. fI~ Ii~... ~ l::l ..' u; ~ /' ~ ~ ~ ~ ~ ~'e-l.'lnlZ~~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS Al>1ENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNlNCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSlFICA TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL (A) AND PLANNED UNIT DEVELOPMENT (PUD) ZONlNG DISTRlCTS TO RESIDEh1"fIAL PLANNED UNIT DEVELOPMENT (RPUD), TO ADD 20.27:1: ACRES AND 1 I 7 DWELLING UNITS FOR A TOTAL OF 167.96:1; ACRES A..""lD 671 DWELLING UNITS, AND AMEND THE ALLOW ABLE USES AND THE MASTER PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE OF V ANDERBIL T BEACH ROAD (C.R. 862), APPROXTh1ATEL Y ONE-HALF MILE WEST OF COLLIER BOULEVARD (C.R. 9S 1), IN SECTION 34, TOV/NSHlP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 167.96.:1: ACRES; PROVIDING FOR lliE REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER WOLF CREEK PUD; AND BY PROVIDThlG AN EFFECTIVE DATE. Agenda Item No. 17B June 9, 2009 Page 76 of 132 ORDINANCE NO. 07---4.fL -, . f ..~) WdEREAS, Larry Mayer Abbo, of Prime Homes at Portofino Falls, Ltd. and William L. Hoover, of Catalina Land Group Inc., both ofwhorn are represented by David R. Underhill, Jr., of Banks Engineering and Richard Yovanovich, of Goodlette, ColWlan and Johnson, PA., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classificati.on of the herein described property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changen from the Rural Agricultural (A) and Planned Unit Development (PUD) Zoning Disu1cts to the Residential Planned Unit Development (RPUD) Zoning District in accordance with the RPUD Document, attached hereto as Exhibit "A", incorporated herein and by reference made a part hereof. The appropriate Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Wolf Creek POO, PUDZ-A-2005-AR-7422 Page I of2 Agenda Item No. 17B June 9, 2009 Page 77 of 132 SECTION TWO: Ordinance Number 03-45, known as the Wolf Creek PUD, adopted on September 23, 2oo3, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION TIjREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super-majority vote of the Board of County conuniSSi~~~.;~fCOl1ier County, Florida. this ~~y of tn,5 ,2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, ~4# J S COLETI A, CHAIRMAN Approved as to form and legal sufficiency: IJI(;.'i,.lm (J:f::UJJ.,i.1:. -f"tt-~~ Mazjori M. Student-Stirling Assistant County Attorney ThIs ordinance filed .....Ith the Secretary of State's Office the ~ day of I hms: ~ ond oek.nowledgement of that Wina received tl-lls ~ ckJy of :Jy~-?ir~r By _c Wolf Creek PUD, PUDZ-A-2005-AR-7422 Page 2 of2 Agenda item No. 178 June 9, 2009 Page 78 of 132 EXHIBIT "AD WOLF CREEK RPUD A RESIDENTIAL PLANNED UNrT DEVELOPMEKr REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD. A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD" #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUiTE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERING 2515 NORTH BROOKE Pl.AZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RO FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P ,A. 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED March 23. 2005 DATE REVISED Julv 18.2006 DATE REVISED April 24. 2007 DATE REVIEWED BY cepe ril19 2007 DATE APPROVED BY Bce 1. {)()1 ORDINANCE NUMBER 200 5 A.'v.E~.JDMENTS AND REPEAL 0 ~ - 4-5 Revised 5/31107 to refleot Bee changes Agenda Item No. 17B June 9, 2009 Page 79 of 132 TABLE OF CONTENTS TABLE OF CONTENTS UST OF EXHIBITS AND TABLES PAGE ii iii STATEMENT OF COMPLIANCE SECTION' PROPERTY OWNERSHIP AND DESCRIPTION 1 2 6 9 14 SEcnON II PROJECT DEVELOPMENT REQUIREMENTS SECTJON III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS 15 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS 11 Revised 5131/07 to reflect BCC changes ij Agenda Item No. 178 June 9, 2009 Page 80 of 132 LIST OF EXHIBITS AND TABLES EXHIBIT "C" RPUD MASTER PLAN RPUD CONCEPTUAL UTILlTYMlATER MANAGEMENT PLAN LOCATION MAP EXHIBIT "A" EXHIBIT "8" TABLE; DEVELOPMENT STANDARDS Revised 5/31/07 to reflect Bce changes iii Agenda Item No. 17B June 9. 2009 Page 81 of 132 STATEMENT OF COMPLIANCE The development of approximately 167.96 acres of property in CoWer County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and appficable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the developmenfs residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2, The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth jn Objective 3 of the FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.' 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density Maximum Permitted Density +4 dwellino units/acre +4 dwelling units/acre Maximum permitted units = 167.96 acres x 4 dwelling units/acre = 671 units. Requested dwelling units = 671. which results in a requested density of 3.99 dwelling units/acre. 6. All final local development orders for this project shall be subject to the Adequate PubUc Facilities Requirements, of the LDC. Revised 5/31/07 fo reflect BCC changes Agenda Item No. 178 June 9, 2009 Page 82 of 132 SECTION I PROPERTY OWNERSHIP AND DeSCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96:t acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof, 8. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of.way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the SOL."thwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 38, subject to an easement for public road right-of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 38 - A parcel of land located in the Southwest Quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south ~ comer of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02"13'26" west, along the east line of the southwest "4 of said Section 34, for a distance of 2005.53 feet to the southeast comer of the north % of the northeast ~ of the southwest X of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051'58" west, along the south line of the north IS, of the northeast X of the southwest X of said Section 34, for a distance of 1245.00 feet; thence run north 02"13'26" west, parallel with the east line of the southwest X of said Section 34, for a distance of 420.21 feet; thence run south 89"51'58" east, parallel with the south line of the north Y2 of the northeast X of the southwest X of said Section 34, for a distance of 1245.00 feet: thence run Revised 5/31/07 to reflect BCC changes 2 -~_._.__.._.,-_.. ..-", .- .,...-...........-. -..------...- Agenda Item No. 17B June 9, 2009 Page 83 of 132 south 02013'26" east, along the east line of the southwest X of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G, Parcel 6 ~ The North haff of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. l. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William l. Hoover, President of Catalina Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785 Airport Road North, Suite B~1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry Mayer Abbo, 21218 St. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by WUliam L. Hoover, President of Catalina Land Group, Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Revised 5/31107 to reflect BCC changes 3 Agenda Item No. 178 June 9, 2009 Page 84 of 132 4. Parcels 38 and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately ~ mlle west of Collier Boulevard (C.R. 951), unincorporated Collier County. Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Comer County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a newer modular home was erected on Parcel 2 but recently was relocated off-site, a mobile home was previously on Parcel 8 but has since been relocated off-site, a single~famUy home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stonnwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process, All rules and regulations of BFWMO will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Revised 5/31/07 to reflect BCC changes 4 Agenda item No. 178 June 9, 2009 Page 85 of 132 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine f1atwoods, pine-cypress. cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTiON The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units, Recreational facilities and other facilities and services will be provIded in conjunction with the dwelling units. Residential land uses, recreational uses. and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering. and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the ''Wolf Creek Residential Planned Unit Development Ordinance." Rev;sed 5/31107 to reflect BCC changes 5 Agenda Item t'Jo. 178 June 9, 2009 Page 86 of 132 SEcrrON II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective iand uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD . Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regufatTons fair to provide developmental standards, then the provisions of the most similar district in the lDC shan apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPUD shall become part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LOC, where applicable, remain in full force and effect with respect to the. development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LOC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be numerous land use tracts, plus necessalY water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A", S. Areas illustrated as lakes by Ex.hibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent Revised 5/31107 to reflect BCe changes 6 Agenda Item No. 17B June 9, 2009 Page 87 of 132 wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A", Minor modification to aU tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SOP approval. subject to the provisions of the LOC. c. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established wlthin or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96:!: acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for aU or part of the RPUD, final plans of aU required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "An, RPUD Master Plan. constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval. a subdivision plat or SOP, as applicable. may be submitted for areas covered by the RPU D Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. Rfiwised 5/31107 to reflect BCe changes 7 Agenda Item No. 178 June 9. 2009 Page 88 of 132 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "N', RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shaH be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings. and basketball/shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6. Water management facilities. Revised 5/31/07 to reflect BCe changes 8 Agenda Item No. 17B June 9, 2009 Page 89 of 132 C, Interim Uses 1. The existing single-family home on parcel 10 shall be permitted for residential single-family land uses and customary accessory uses until construction is commenced on the parcel 10. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3, Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. ::::c:,';.ed 5/31/07 to reflect BCe changes 9 Agenda Item No. 178 June 9. 2009 Page 90 of 132 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMILY SfNGLE-F AMIL Y TWO-FAMILY AND MULTI-FAMILY ATTACHED DUPLEX TOWNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. l,800 Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot Width (I) 50' Interior Lots i 8' Interior Lots &0' Interior Lots (40') (2) NA 60' Comer Lots 25.5' Exterior Lots j 00' Corner Lots (50') (2) NA Minimum Front Yard Setback (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) 15' (3) Minimum Side Yard Setback (5) (6) I Story 0' & ]2' or both 6' NA 0' & 6' or both 6' 7.5' 2 Story 0' & IS' or bolli 0' or 7.5' 0' & 7.5' or both 7.5' 10' 7.5' Minimum Rear Yard Setback (6) Principal Structure 20' 15' 20' 20' Accessory Structure 10' 10' ]0' ]0' Minimum PUD Boundarv Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA 10' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve Area Setback Principal Structure Accessory Structure 25' 25' 25' 25' 10' 10' 10' 10' Minimum Distance Between Structures MainJPrincipal/ Accessory I-Story ]2' NA J2' IS' 2-Story 15' IS' 15' 20' Maximum Heignt Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories Accessory Building 2S'/Clubhouse 35' 25'/Clubhouse 35' 2St/Clubhouse 35' 2S'/Clubhouse 38' Minimum Floor Area l400 Sq. Ft. 1400 Sq. Ft. 1200 Sq. Ft. [ 150 Sq. Ft. (J) May be reduced on cul~de-sac lots and Jots along the inside and outside of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall have a 15~foot minimum setback froro all property boundaries of the recreational tract/lot. (4) The front yard setback for side-loaded garages may be reduced to J 8 feet, with the borne remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double~wide driveways without the vehicles overhanging onto the sidewalks located at the edge of the right-of-way. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the unified principal structure. (6) In no instance shall there be an encroachment into a required landscape buffer. (7) Lake setbacks are measured from the control elevation established for the lake. Revised 5/31/07 to reflect BGG changes JO Agenda Item No. 178 June 9, 2009 Page 91 of 132 B. Natural Habitat Preserve Area Requirements: 1. A minimum of 32.32 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible, as described in the LOC. 2. All preserve areas shall be a minimum average of 50 feet in width and no Jess than 20 feet in width, pursuant to the LOC. ' C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed. All proposed roofs shall be finished in tile, metal, wood, or architecturally-designed shingles (such as Timberline). D. Sians Signs shall be pennitted as described within the LOC, except for signa'ge described within Paragraph 3.4,H, E. Deviations 1. Deviation #1 seeks refief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (D) foot setback from the property line shared with the Carolina Village Mixed Use PUD, This deviation will permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety Revised 5/31/07 to reffect BGG changes 11 """--..... . ,.-,',. ......_-.. ...._.........~--_._._--_._--...._---,- Agenda Item No. 178 June 9. 2009 Page 92 of 132 sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shalf be externally lighted. Revised 5/31/07 to f13f1ect BCC changes 12 Agenda Item No. 178 June 9, 2009 Page 93 of 132 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specffic development standards for the Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on-site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on-site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whore or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted PrinciQal Uses and Structures: 1, Passive recreational areas. 2, Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3, Water management structures. 4. Native preserves and wildlife sanctuaries. Revised 5/31107 to ref/ect BCe changes 13 Agenda Item No. 178 June 9, 2009 Page 94 of 132 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SOPs, flnal subdivision plats and all applicable State and local laws, codes, and regulations applicable to . this RPUD, in effect at the time of final plat, final SOP approval or building permit application. as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments ouUined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the reguiations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee. is subject to the commitments within this Document. 5,3 PUD MASTER PLAN A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. Subject to the proviSions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. R:.:~.iscd 5/31/07 to reflect BGG changes 14 Agenda Item No. 17B June 9, 2009 Page 95 of 132 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) _ Surface Water Permit Application, permit modification, Of waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C, An excavation permit shall be required. for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shan be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County stormwater facmties shall be maintained free of landscaping, berms or any other kind of obstades that would impede adequate access to maintenance crews and equipment. 5.6 UTIUTIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SOP or plat approval. Revised 5/31107 to reflect BCC changes 15 Agenda Item No. 178 June 9, 2009 Page 96 of 132 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. ArterIal level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. O. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LOC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SOP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system. or other traffic control device, sign. or pavement marking at any development entrance onto the County's collector/arterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and wlll then be operated and maintained by the Collier County Transportation Department. Revised 5/31/07 to reflect BCe changes 16 Agenda Item No. 17B June 9, 2009 Page 97 of 132 H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shaH be considered to be conceptual. Nothing depicted on any such Master Plan shan vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended from time to time, and with the Collier County Long- Range Transportation Plan, J. When ingress and egress improvements are determinedj as necessary. right-of-way and compensating right-of-way shall be provided for and in conjunction with said improvements. J, All work within the Collier County rights-at-way or public easements shall require a right-of-way permit. K, All internal access ways, drive aisles and roadways, not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title. or assigns. All internal roads, driveways, alleys. pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto ColJier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway, It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs ot the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. N. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right-of-way necessary for the two-fane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right-of-way. The anticipated width of the right-of-way is 60 feet. The tum lanes required for each individual project shall be accommodated within the project's boundary. Revised 5/31/07 to reflect BCC changes 17 Agenda Item No. 178 June 9. 2009 Page 98 of 132 O. The developer shall start construction of Pristine Drive within one year of the approval of this RPUD rezone, and said roadway shall be constructed to County standards and accepted by Collier County through the normal acceptance process. Said roadway shall be complete within a maximum of two years from the approval date of this RPUD rezone. P. The developer shall design and permit, but not construct, a 30-foot wide interconnection between the Island Walk development and Pristine Drive (fifteen feet to be provided by the respective property owners on each side of the shared boundary between the properties owned by Wolf Creek Estates, LlC, or its successor, and Prime Homes at Portofino Falls, Ltd., Builders LLC, or its successor). The interconnection design shall include 20 feet of pavement and one 5 foot sidewalk. The 3D-foot wide strip of land shall be granted as a public easement. Said interconnection requirement shall be completed, Le., conveyed, designed and permitted within one year of the adoption date of this RPUD rezone. This connection road shall not constitute a road right-of-way for the purpose of calculating setback or buffering requirements. 5.8 PLANNING A. If during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Masler Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SOP submitted after approval of this RPUD. B. Any development order approval having FlUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12~year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational berore the issuance of any CO for the permanent residential ...-.'--. UIIIL::'. Revfsed 5/31107 to reflect BCe changes ]8 CD(l)N r--OM __r ~ :: _ 0 (l)(l) ,..(IJ(l) t:C(IJ (IJ;:)a> =:'ro ro a.. "0 t: (IJ 0> <{ 2+~ in'; II,,~ 11'11 111'i.1 it III P . 15 I I I I I, III ill! !! 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'IIA I r l!iH -I "Igi "1ft I Ng I i . a ........... IMlD'l --.~ I~ .Il @ ~ L Ii. II a Ii- !~ Ii ~ 2 Il~i ~;j I~ ~Io! -~. ~- I j ~I NOi......... "0- Agenda Item No. 178 June 9, 2009 Page 102 of 132 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 2007-46 Which was adopted by the Board of County Commissioners on the 22th day of May, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Floridal this 31st day of May, 2007. DWIGHT E. BROCK .; Clerk of Courts and Clerk Ex-officio to Board of County commission~rs ..... ?J1~Vr By: Martha Vergara, Deputy Clerk ,,46878S ..."" 'O~ / ., '" ~tC;-~~._ \ Cll ... $ N -", 0; ~ " il ~ ~ ~~ 'rIot/1. ~I:t 'f,1,df.." AN ORDINANCE OF THE BOARD OF COUNTY n COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICA TION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL (A) AND PLANNED UNIT DEVELOPMENT (PUD) ZONlNG DISTRICTS TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO ADD 20.27:t: ACRES AND 1] 7 DWELLING UNITS FOR A TOTAL OF ]67.96:t: ACRES AND 671 DWELLING UNITS, AND AMEND THE ALLOW ABLE USES AND THE MASTER PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE OF V ANDERBIL T BEACH ROAD (C.R. 862), APPROXIMATEL Y ONE-HALF MILE WEST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ]67.96:t: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER WOLF CREEK PUD; AND BY PROVIDING AN EFFECTIVE DATE. Agenda Item No. 178 June 9, 2009 Page 103 of 132 ORDINANCE NO. 07-~ -, . j .....0' WHEREAS, Larry Mayer Abbo, of Prime Homes at Porto fino Falls, Ltd. and William L. Hoover, of Catalina Land Group Inc., both of whom are represented by David R. Underhill, Jr., of Banks Engineering and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM.M:rSSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural Agricultural (A) and Planned Unit Development (PUD) Zoning Districts to the Residential Planned Unit Development (RPUD) Zoning District in accordance with the RPUD Document, attached hereto as Exhibit "A". incorporated herein and by reference made a part hereof The appropriate Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Deve]opment Code, is/are hereby amended accordingly. Wolf Creek PUD, PUDZ-A-2005-AR-7422 Page] of2 Agenda Item No. 17B June 9, 2009 Page 104 of 132 SECTION TWO: Ordinance Number 03-45, known as the Wolf Creek POO, adopted on September 23, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super-majority vote of the Board of County Com_missione~ ofCaUier County, Florida, this ~~ay of /YJ-5 ,2007. ATTEST: DWIGr:T;p:~~?GJ., ~LERK . ~'... '. . ... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~~~ J S COLETTA, CHAIRMAN Attest s tct.tt&!lMl4ll'lD li9AIt&lrt GAl_ L..... ........ :./.., 'l,.-~'. s~ ;.r, Approved as to form and legal sufficiency: lJ1G;. 'J ~ ,. . m ()xUJJ .<..t -Ix L ~'L.J Marjori M. Student-Stirling Assistant County Attorney This ordinance filed with the Secretory of State's Office the ~ doy af l }un~ ,2.co, ro..,A nr"'n""",I~,..;np.mAt"'It nf thot ~iJ~~ :' ) """",.,. c Wolf Creek POO, PUDZ-A-2005-AR-7422 Page 2 of2 Agenda Item No. 17B June 9, 2009 Page 105 of 132 EXHIBIT "An WOLF CREEK RPUD A RESIDENTIAL PlANNED UNIT DEVB.OPMENr REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYERABBO, V,P. PRIME HOMES, INC. 21218 ST, ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERING 2515 NORTH BROOKE PLAZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RD FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P,A, 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED March 23. 2005 DATE REVISED Julv 18. 2006 DATE REVISED Aorll 24. 2007 DATE REVIEWED BY CCPC rll19 2007 DATE APPROVED BY BCC 2. 1 ORDINANCE NUMBER 200 5 AMENDMENTS AND REPEAL tJ ~ - 4-5 Revised 5/31/07 to reflect BCC changes Agenda Item No. 17B June 9. 2009 Page 106 of 132 T AS LE OF CONTENTS TABLE OF CONTENTS PAGE ii LIST OF EXHIBITS AND TABLES Hi STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION 1II RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN 1 2 6 9 14 SECTION V DEVELOPMENT COMMITMENTS 15 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS 11 Revised 5/31/07 to reflect BCe changes 11 Agenda Item No. 17B June 9,2009 Page 107 of 132 LIST OF EXHIBITS AND TABLES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN LOCATION MAP EXHIBIT "e" TABLE I DEVELOPMENT STANDARDS Revised 5/31/07 to reflect BCC changes III Agenda Item No. 178 June 9. 2009 Page 108 of 132 STATEMENT OF COMPLIANCE The development of approximately 167.96 acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Wolf Creek RPUD will be consistent with the growth poHcies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density Maximum Permitted Density +4 +4 dwellino units/acre dwelling units/acre Maximum permitted units::: 167.96 acres x 4 dwelling units/acre::: 671 units. Requested dwelling units::: 671, which results in a requested density of 3.99 dwelling units/acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. Revised 5/31/07 to ref/ect BCC changes Agenda Item No. 178 June 9, 2009 Page 109 of 132 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96t acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 38, subject to an easement for public road right-of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 38 - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south X corner of Section 34, Township 48. Range 26 East, Collier County, Florida; thence run north 02013'26" west, along the east line of the southwest X of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north % of the northeast X of the southwest X of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051'58" west, along the south line of the north % of the northeast X of the southwest X of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with the east line of the southwest X of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north % of the northeast 'X of the southwest "X of said Section 34, for a distance of 1245.00 feet; thence run Revised 5/31/07 to reflect BCe changes 2 Agenda Item No. 17B June 9, 2009 Page 110 of 132 south 02013'26" east, along the east line of the southwest % of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 . The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G. Parcel 6 . The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County. Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry Mayer Abbo, 21218 S1. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina Land Group. Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Revised 5/31/07 to reflect BCC changes 3 Agenda Item No. 17B June 9. 2009 Page 111 of 132 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately ~ mile west of Collier Boulevard (C.R. 951), unincorporated Collier County, Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Collier County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1 , a newer modular home was erected on Parcel 2 but recently was relocated off-site, a mobile home was previously on Parcel 8 but has since been relocated off-site, a single-family home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Revised 5/31/07 to reflect BCC changes 4 Agenda Item No. 178 June 9, 2009 Page 112 of 132 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine flatwoOds, pine-cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." Revised 5/31/07 to reflect BCe changes 5 Agenda Item No. 17B June 9, 2009 Page 113 of 132 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUO shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions ot all terms shall be the same as the definitions set forth in the LOC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPUO shall become part of the regulations which govern the manner in which the RPUO site may be developed. D. Unless modified. waived or excepted by this RPUO other provisions ot the LOC, where applicable, remain in full torce and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be numerous land use tracts, plus necessary water management lakes, street rights-ot-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent Revised 5/31/07 to reflect Bee changes 6 Agenda Item No. 17B June 9, 2009 Page 114 of 132 wet and dry depressions for water retention purposes. Such areas. lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SOP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "An, such easements as necessary (utility, private, semi-public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96:t acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules. and the platting laws of the State of Florida. B. Exhibit "AU, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SDP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. Revised 5/31/07 to reflect BCC changes 7 Agenda Item No. 178 June 9, 2009 Page 115 of 132 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities. such as electric transformers, pumps and lift stations. 6. Water management facilities. Revised 5/31/07 to reflect BCe changes 8 Agenda Item No. 17B June 9. 2009 Page 116 of 132 C. Interim Uses 1 . The existing single-family home on parcel 10 shall be permitted for residential single-family land uses and customary accessory uses until construction is commenced on the parcel 10. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-ot-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive I the setback is measured trom the road easement or property line. 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. ,\ " ,ed 5/31/07 to reflect BCe changes 9 Agenda Item No. 17B June 9, 2009 Page 117 of 132 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ST ANDARDS SINGLE-FAMIL Y SINGLE-F AMIL Y TWO-F AMIL Y AND MUL TI-F AMIL Y ATTACHED DUPLEX TOWNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. 1 ,~OO Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot Width (1) 50' Interior Lots 18' Interior Lots 80' Interior Lots (40') (2) NA 60' Comer Lots 25.5' Exterior Lots ] 00' Corner Lots (50') (2) NA Minimum Front Yard Setback (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) ] 5' (3) Minimum Side Yard Setback (5) (6) I Story 0' & 12' or both 6' NA 0' & 6' or both 6' 7.5' 2 Story 0' & I 5' or both 0' or 7.5' 0' & 7.5' or both 7.5' 10' 7.5' Minimum Rear Yard Setback (6) Principal Structure 20' 15' 20' 20' Accessory Structure 10' 10' 10' 10' Minimum PUD Boundarv Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA 10' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve Area Setback Principal Structure Accessory Structure 2S' 25' 25' 25' 10' la' 10' 10' Minimum Distance Between Structures Main/Principal/Accessory I-Story 12' NA 12' IS' 2-Story 15' 15' IS' 20' Maximum Height Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories Accessory Building 25'/Clubhouse 35' 25'/Clubhouse 35' 2St/Clubhouse 35' 25'/Clubhouse 38' Minimum Floor Area ] 400 Sq. Ft. 1400 Sq. Ft. 1200 Sq. Ft. 1150 Sq. Ft. (1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall have a IS-foot minimum setback from all property boundaries of the recreational tract/lot. (4) The front yard setback for side-loaded garages may be reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double-wide driveways without the vehicles overhanging onto the sidewalks located at the edge of the right-of-way. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the unified principal structure. (6) In no instance shall there be an encroachment into a required landscape buffer. (7) Lake setbacks are measured from the control elevation established for the lake. Revised 5/31/07 to reflect Bee changes ]0 Agenda item No. 17B June 9, 2009 Page 118 of 132 B. Natural Habitat Preserve Area Requirements: 1. A minimum of 32.32 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible, as described in the LOC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed. All proposed roofs shall be finished in tile, metal, wood, or architecturally-designed shingles (such as Timberline). O. Siqns Signs shall be permitted as described within the LOC, except for signaOge described within Paragraph 3.4.H. E. Deviations 1. Deviation #1 seeks relief from LOC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUO. This deviation will permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the CaroHna Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety Revised 5/31/07 to reffect BCe changes 1 ] Agenda Item No. 17B June 9, 2009 Page 119 of 132 sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. Revised 5/31/07 to reflect BCC changes 12 Agenda Item No. 178 June 9. 2009 Page 120 of 132 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on-site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on-site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Revised 5/31/07 to reflect BCe changes 13 Agenda Item No. 178 June 9. 2009 Page 121 of 132 ,..",,", SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SOPs, final subdivision plats and all applicable State and local laws. codes. and regulations applicable to this RPUD, in effect at the time of final plat, final SDP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LOC shall apply to this project even if the land within the RPUD is not to be platted. The developer. its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUO MASTER PLAN A. Exhibit "A," RPUO Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. Subject to the provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. B, All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. R:.:..i~('d 5/31/07 to reflect Bee changes 14 Agenda Item No. 178 June 9, 2009 Page 122 of 132 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) _ Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County storm water facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SOP or plat approval. Revised 5/31/07 to reffect BCC changes 15 Agenda Item No. 178 June 9, 2009 Page 123 of 132 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SOP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collector/arterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. Revised 5/31/07 to ref/ect BCe changes 16 Agenda Item No. 17B June 9, 2009 Page 124 of 132 H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review ot required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended trom time to time, and with the Collier County Long- Range Transportation Plan. I. When ingress and egress improvements are determined, as necessary, right-ot-way and compensating right-ot-way shall be provided for and in conjunction with said improvements. J. All work within the Collier County rights-ot-way or public easements shall require a right-of-way permit. K. All internal access ways, drive aisles and roadways, not located within County right-ot-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. AU internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop iOad located around the Mission Hills development, that would provide access tor the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road t and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. N. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right-of-way necessary for the two-lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right-of-way. The anticipated width of the right-of-way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project's boundary. Revised 5/31/07 to reflect BCe changes 17 Agenda Item No. 17B June 9, 2009 Page 125 of 132 O. The developer shall start construction of Pristine Drive within one year of the approval of this RPUD rezone, and said roadway shall be constructed to County standards and accepted by Collier County through the normal acceptance process. Said roadway shall be complete within a maximum of two years from the approval date of this RPUD rezone. p, The developer shall design and permit, but not construct, a 3D-foot wide interconnection between the Island Walk development and Pristine Drive (fifteen feet to be provided by the respective property owners on each side of the shared boundary between the properties owned by Wolf Creek Estates, LLC, or its successor, and Prime Homes at Portofino Falls, Ltd., Builders LLC, or its successor). The interconnection design shall include 20 feet of pavement and one 5 foot sidewalk. The 3D-foot wide strip of land shall be granted as a public easement. Said interconnection requirement shall be completed, Le., conveyed, designed and permitted within one year of the adoption date of this RPUD rezone. This connection road shall not constitute a road right-of-way for the purpose of calculating setback or buffering requirements. 5.8 PLANNING A. If during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SOP submitted after approval of this RPUD. B. Any development order approval having FLUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12-year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational before the issuance of any CO for the permanent residential units. Revised 5/31/07 to reflect BCC changes ] 8 CDffiN /,-0('1') _0..- . . N '+- o - 0 Zffic.D E~~ (j)::JaJ ~--:. Q) ro ell '"D 0... c aJ Ol <( ~+l If I ~(~~~ -,I,; I.h' rr 'Iiill I. ,;. ." · I I ~ "11"/1 : I,: ifi i ,;; c,' ....,. I · till! I if! !! I, }.!! if ifl 'I! I UI:! II, I .. I' :7'! i hl'l If :rb \\\\\ I t II I . 1 I W!t i~ _ _ ~~ III t > Ii 'II. 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I i= _~ 'lr I ~= ~~ I- @;: 1\ \ ~ ~ j~k:Y &h- .~Jt" ~ ~ ~. ~ ~rTTTlIIL I i== ~ IllJUl. , g ~ VIIim. i . J:::t: ~~ t::f: c...::1':- :::~ ::::>-- .....1;:: ~ ~a ~ III ell ;:) .,.." "'",. / --- - c- :! g J p p G. 5. !!~ ~ - ~i NO! di ~ ~ - ~" ; jl I f-.% d ! 00 . g I! ~" e. N~. W :3i ~I j ~- .."" ~ ~ u . E ON ~W o. 3" - 3. i~ jl ;: ::! -----.l J I i~~ I' f~ ~ ~.' '" I .. ~;~ 3gA "'tf I . ~5i .. jeJ I f - jai I N ~ . , ~ -- -...... ~ h ; ;; II i~ ;;; . g~ 5; o. II D , 9 J: f;l ~i "K.. ~ii !:~i J 1. i I ~ N)LtMQ..... 1t.J.1Y~ a.. <( ~ C) Z - Z o N .. N N .,. ,... r:i: < . 10 o o .... . N o ::) Q. 'II: Z o l- I- W D. D- c:( ~ Z o - l- e:( t) o -.J Agenda Item No. 17B June 9, 2009 Page 129 of 132 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 2007-46 Which was adopted by the Board of County Commissioners on the 22th day of May, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of May, 2007, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners rmdt- V~ By: Martha Vergara, Deputy Clerk Agenda item No. 178 June 9. 2009 Page 130 of 1 32 ORDINANCE NO, 09 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 07-46, WOLF CREEK RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), BY AMENDING THE COVER PAGE; BY AMENDING SECTION 5.7, PARAGRAPHS "N" AND "0", FOR PROPERTY LOCATED ON THE NORTH SIDE OF V ANDERBIL T BEACH ROAD (C.R. 862), APPROXIMA TEL Y ONE-HALF MILE WEST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 167,96:!: ACRES; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, on May 22,2007, the Board of County Commissioners approved Ordinance No. 07-46, which established the Wolf Creek Residential Planned Unit Development (RPUD); and WHEREAS, William L. Hoover, President of Catalina Land Group, Inc., the Manager of Wolf Creek Estates, LLC and Buckstone Estates and Larry Mayer Abbo, Vice-President of Prime Homes at Porto fino Falls, Ltd., all of which are represented by William L. Hoover of Hoover Planning and Development, Inc. and Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. and Josh Fruth of Davidson Engineering petitioned the Board of Collier County Commissioners of Collier County, Florida, to amend Ordinance 07-46, the Wolf Creek Residential Planned Unit Development. NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO THE COVER PAGE OF ORDINANCE NO. 07-46, WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT. The Cover Page of the Residential Planned Unit Development previously attached as Exhibit "A" to Ordinance 07-46, the Wolf Creek RPUO, is hereby amended to read as follows: Words struck through are deleted: words ynderline,g are added. Wolf Creek RPUD, PUDA-2008-AR-13801 Revised 4/23/09 Page 1 of 3 Agenda Item No. 17B June 9, 2009 Page 131 of 132 EXHIBIT "A" WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST, ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER., PRES. of CAT ALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC ~3785 AIRPORT ROAD N., SUITE B:l NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERlNG HOOVER PLANNING & DEV., INC. 2515 NORTHBROOKE PLAZ/~ DR...TVE 3785 AIRPORT ROAD N., SUITE ~ B-t NAPLES, FLORIDA ~ 34105 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 P:\RY.. SHORE BQUT_EV ARD, 3RD FLOOR Nl\.PLES, FLORID.A. 31103 and RICHARD D. YOV ANOVICH GOODLETTE, COLEMAN~ -& JOHNSON, YOV ANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED DATE REVISED September 5. 2008 DATE REVISED DATE REVIEWED BY ccpe DATE APPROVED BY BeC ORDINANCE NUMBER 2003 15 AMENDMENTS AND REPEAL 03-45,07~46 Words struck tbre\ign are deleted; words ypderlineg are added. Wolf Creek RPUD, PUDA-2008-AR-13801 Revised 4/23/09 Page 2 of 3 SECTION TWO: Agenda Item ~Jo. 17B June 9.2009 Page 132 of 132 AMENDMENT TO SECTION 5.7, ENTITLED "TRAFFIC", PARAGRAPHS "N" AND "0", Subsection 5.7, Paragraphs "N" and "0" of the Residential Planned Unit Development previously attached as Exhibit "A" to Ordinance 07-46, the Wolf Creek RPUD, are hereby amended to read as follows: N. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right-of-way necessary for the two-lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive rignt-of-way. The anticipated width of the right-of-way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project's boundary. There are existing SDPs and plats within the POO issued to individual developers within the PUD. No further Certificates of Occupancy or development orders shall be issued to any individual developer within the POO within an alreadv approved SDP or plat until that individual developer conveys all of the right of way for the portiones) of Pristine Drive o'lmled by that individual developer whether the rig-ht of wav is located within an approved SDP or plat or located outside of an approved SDP or plat. O. The develeper shall start ~eRstruction ofv.ithin one year aftae B:l"l"reval ofthis RPUD rezeRe, eRa said road"l/BY sltalI be eeflstrueted to CeWlty standards aRlit Bceepted by Cellier County through the FlElnHal ooceptBRee prooess. Sai~ roadwliJ' shall be eOffil"lete within a mu.im.um. ef two years fraf.fl tRe approval date af this RPUD rezone. No further SDPs or plats shall be approved for any individual owner within the PUD until Pristine Drive from its current terminus to Wolfe Road is under construction and all of the necessary right of way has been dedicated. No Certificates of Occupancy shall be issued within new Site Development Plans and/or Plats until Pristine Drive, from its current terminus to Wolfe Road. is substantially complete. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. THIS ORDINANCE ADOPTED after motion, second and super-majority vote favoring same this day of ,2009. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney ,~~.(')'\ Words struck t:B:religh are deleted; words underlined are added_ Wolf Creek RPUD, PUDA-200a-AR-13801 Revised 4/23/09 Page 3 of 3