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Agenda 07/22/2008 Item #17GAgenda Item No. 17G July 22, 2008 Page 1 of 121 EXECUTIVE SUMMARY PUDA- 2007 -AR- 12321, MDG Lake Trafford, LLC., represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting a Planned Unit Development (PUD) Amendment to Arrowhead PUD Ordinance Number 02 -40, as amended, Section 8.5 Transportation subsections B., K., L.3., M. through P. and to add Section 9 Deviations to revise transportation commitments to construct project turn lanes at Lake Trafford Road and Carson Road project entrances within one year of approval of this ordinance; to construct turn lanes for the commercial tract and the shared north Carson Road entrance at the time of commercial site development plan; to require acceptance of Carson Road extension from Lake Trafford Road south to Immokalee Drive and the westerly 450 feet of Immokalee Drive by the Collier County Road Maintenance Department; to construct intersection improvements at Lake Trafford Road and Carson Road within one year of approval of this Ordinance; to contribute funds for a bus stop, to remit funds for turn lanes and signal modifications, and to receive credit for a turn lane; and to add Section 9 to seek a deviation from a transportation requirement of sidewalks on both sides of Lake Trafford Road to allow a sidewalk on the north side of the road only. The property is located at the southwest corner of Lake Trafford Road (CR 890) and the proposed extension of Carson Road in Section 6, Township 47 South, Range 29 East, and Section 31, Township 46 South, Range 29 East, Collier County, Florida. To have the Board of County Commissioners (BCC) consider an application to amend the Arrowhead Planned Unit Development (PUD) as noted above and to 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 application. CONSIDERATIONS: The Arrowhead PUD was originally approved in 1991 with the adoption of Ordinance Number 91 -44. The petitioner is now proposing an amendment to Ordinance Number 2005 -15, the Arrowhead MPUD instead of adopting a new PUD by Ordinance and repealing this Ordinance. The amending Ordinance proposes the following changes: • Section 8.5.B.: The applicant is requesting added language to clarify that the turn lanes at Lake Trafford Road and Carson Road will be improved within one year of approval of this proposed Arrowhead Ordinance except that the turn lanes for the commercial tract and the shared north Carson Road entrance shall be required as part of the commercial site development approval. • Section 8.5.K.: The applicant seeks to add language to clarify that the constructed road improvements to Carson Road extension from Lake Trafford Road south to Immokalee Drive Page] of7 Agenda Item No. 17G ,July 22, 2008 Page 2 of 121 and the westerly 450 feet of Immokalee Drive must obtain acceptance from the Collier County Road Maintenance Department. • Section 8.5.L.: The applicant is requesting added language to clarify that the intersection improvements to the intersection of Lake Trafford Road and Carson Road are completed within one year of the approval of this proposed Arrowhead Ordinance. • Section 8.5.M.: The applicant seeks to remove the original section requiring repairs to pavement edges and construction of paved shoulders and replace it with new language. The new language states that the developer will remove the existing sidewalk along the north side Lake Trafford Road from Carson Road to State Road 29 and install a new pathway. In addition, the developer will provide a $30,000 contribution to Collier Area Transit for a bus stop to be located within the Arrowhead commercial area. These will be done within one year of the adoption of this proposed Ordinance. • Section 8.5N.: The applicant is requesting to delete the original section requiring signalization modifications at the intersection of State Road 29 and Lake Trafford Road and to replace it with new language. The new language states that the developer will make payments totaling $79,200 to Collier County in lieu of providing a signal modification at State Road 29 and Lake Trafford Road and a signal modification at State Road 29 and Immokalee Drive; and in lieu of providing a right -turn lane on Immokalee Drive. • Section 8.5.0.: The applicant is seeking to remove the original section requiring improvements to the intersection of S.R. 29 and Immokalee Drive and new signalization for State Road 29. • Section 8.5.P.: The applicant is requesting to remove the original section, which addresses the timing of the completion of the previous sections 8.5 K through 8.5 O to replace it with language describing the time commitments as outlined above. • Section IX "Deviations" The applicant is seeking a deviation from the requirement of Collier County Land Development Code (LDC) Section 6.06.02.A. I. which requires a sidewalk on both sides of a road such as Lake Trafford Road to allow a sidewalk on one side of the road only. The petitioner is seeking a deviation to provide a sidewalk along the north side of Lake Trafford Road in lieu of constructing shoulders and other roadway improvements along Lake Trafford Road, for which there exists insufficient area to accommodate (see the struck through language in PUD Section 8.5 M). In addition, a contribution is proposed in the amount of $30,000 to the Collier Area Transport (CAT) to provide for a bus stop in the Arrowhead commercial area. This will enhance pedestrian access in the Immokalee area. Transportation Staff has reviewed the proposal and has no objection to the proposed deviation. No increases in intensity or density are proposed and no changes are proposed to the Master Plan. This petition is incorporating a strike through and underline format to address the specific changes proposed only. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. Page 2 of 7 Agenda Item No. 17G July 22.. 2008 Page 3 of 121 FISCAL IMPACT: The PUD amendment, will have little 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 land could 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 of the Growth Management Plan 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 the remaining applicable impact fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Low Residential Subdistrict and Neighborhood Center Subdistrict on the Immokalee Area Master Plan (IAMP) Future Land Use Map of the Growth Management Plan. No changes are proposed to the uses, densities or intensities approved in the existing PUD. The Low Residential Subdistrict allows single - family, duplexes, multi - family and mobile home development not to exceed a density of four (4) dwelling units per acre. The Neighborhood Center Subdistrict, encompassing 33.3 acres of the PUD allows a mix of uses including commercial, governmental facilities and residential development up to a maximum of 12 units per acre. The subject site qualifies under Category 111 (300+ acres) of the PUD Commercial Subdistrict and is allowed to develop up to the maximum of 20 acres with uses found in the C -2, C -3 and C -4 zoning districts. The subject property has 274 acres designated as a Low Residential Subdistrict including 15 acres approved for commercial uses under the PUD Commercial Subdistrict. Therefore, the 259 acres (274 -15 =259) are eligible for 1,036 dwelling units (maximum of 4 units per acre). The additional 33.3 acres is within the Neighborhood Center Subdistrict and is eligible for 400 dwelling units (maximum of 12 units per acre). The total project is eligible for 1,436 residential dwelling units (4.91 units per acre). The existing PUD is approved for 1.245 residential dwelling units (4.26 units per acre) and fifteen percent of the total number of dwelling units, or 186 dwelling units, are reserved for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. The existing PUD is approved for 15 acres of commercial uses as allowed by C -2 through C -4 zoning districts. Page 3 of 7 Agenda heir No. 17G July 22 2008 Page 4 of 121 Transportation Element: Transportation staff has determined that the Arrowhead PUD Amendment is consistent with the Transportation Element of the GMP because no additional or new traffic impacts are proposed as a result of this PUD amendment. Based upon the above analysis, the existing, approved PUD may be (and previously was) deemed consistent with the Immokalee Area Master Plan and, given that the proposed PUD amendment does not affect the approved density or use intensity, the amendment may be deemed consistent with the Immokalee Area Master Plan. AFFORDABLE HOUSING IMPACT: This is an affordable housing project: 15 percent of the total dwelling units or 186 dwelling units are reserved for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. This 307.3 acre PUD has a total of 1,245 permitted dwelling units and is partially developed with approximately 97 single family dwelling units and 209 multi - family dwelling units. ENVIRONMENTAL ISSUES: Environmental Services staff has not reviewed the petition because this is a small scale amend- ment that will not have any impact on environmental issues. As a result, this petition was not required to be presented to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION: The CCPC heard petition PUDA- 2007 -AR- 12321, on June 5, 2008, and they voted unanimously (8 -0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. A letter from the Immokalee CRA supporting the new sidewalk proposed along the north side of Lake Trafford Road was submitted to the CCPC at the hearing. Because the CCPC recommendation for approval was unanimous, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Arrowhead PUD (Ordinance No. 02 -40, as amended) which proposes to amend the following: Cover page; Section VIII (Development Commitments); Section 8.5 (Transportation); adding a Section IX (Deviations); and removal of references to specific sections of the LDC. This proposed amendment is quasi - judicial in nature. As such the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the applicable criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones: Page 4 of 7 agenda 1t--m No. 17G July 22, 2008 Page 5 of 121 Ask yourself the following questions. The answers assist you in making a determination for approval or not 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, 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 inith the county attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Page 5 of 7 �,oegda ite ni No, i7J July 22. 2008 Page 6 of 121 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwse affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of.special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.11], as amended. Paoe 6 of 7 Agenda Item No. 17G ,July 22, 2008 Page 7 of 121 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item is legally sufficient for Board action. (MMSS) RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition PUDA- 2007-AR- 12321, subject to the MPUD document attached to the ordinance of adoption. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Zoning and Land Development Review Page 7 of 7 Page 1 of 2 Agenda Item No. 17G July 22, 2008 Page 8 of 121 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA - 2007 -AR -12321 MDG Lake Trafford. LLC_. represented by Robert L. Duane, AICP, of Hole Monies, Inc., requesting a Planned Unit Development (PUD) Amendment to Arrowhead PUD Ordinance Number 02 -40, as amended. Section 8.5 Transportation subsections B., K., L.3., M. through P. and to add Section 9 Deviations to revise transportation commitments to construct project turn lanes at Lake Trafford Road and Carson Road project entrances within one year of approval of this ordinance, to construct turn lanes for the commercial tract and the shared north Carson Road entrance at the time of commercial site development plan, to require acceptance of Carson Road extension from Lake Trafford Road south to Immokalee Drive and the westerly 450 feet of Immokalee Drive by the Collier County Road Maintenance Department, to construct intersection improvements at Lake Trafford Road and Carson Road within one year of approval of this Ordinance, to contribute funds for a bus stop, to remit funds for turn lanes and signal modifications, and to receive credit for a turn lane, and to add Section 9 to seek a deviation from a transportation requirement of sidewalks on both sides of Lake Trafford Road to allow a sidewalk on the north side of the road only The property is located at the southwest corner of Lake Trafford Road (CR 890) and the proposed extension of Carson Road in Section 6, Township 47 South, Range 29 East, and Section 31, Township 46 South.. Range 29 East.. Collier County, . Florida. Meeting Date: 7/22/2008 9:00:00 AM Prepared By Nancy Guncl ach Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 612612008 3:48:29 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 6/27/2008 4:53 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 6/30/2008 8:22 AM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 6/30/2008 10:43 AM Approved By Commune y Development & Joseph K. Schmitt Environmental Services Administrator file: / /C:AAeendaTest \Exnort\111 -July% 2022. %202008 \177 %203t1MMARY %20AC',RNDA \_ 7/150(1(18 Page 2 of 2 Agenda Item No. 17G .July 22. 2008 Page 9 of 121 Community Development & Community Development & Environmental Services Environmental Services Admin. 613012008 12:41 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/1/2008 8:20 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 718120D8 2:30 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 718/2008 3:02 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/912008 9:46 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 719/2008 10:13 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 719/2008 10:21 AM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 7111/2008 12:30 PM file: / /C:AA L endaTest \Export\ 1 1 1 -.1 ulv%2022 %202008\ 17.%20 StJ M M A R Y %20AG RN DA \... 7/15/2009, AGEWA, iT�EMri)-W. 17G July 22, 2008 Page 10 of 121 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 5, 2008 SUBJECT: PETITION PUDA- 2007 -AR- 12321, ARROWHEAD PLANNED UNIT DEVELOPMENT (PUD) AGENT /APPLICANT: OWNER: MDG Lake Trafford, LLC Orion Bank Center 2180 Immokaiee Road, Suite 309 Naples, FL 34110 REQUESTED ACTION: AGENT: Mr. Robert L. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 The petitioner requests that the Collier County Planning Commission (CCPC) consider a proposed amendment to Ordinance Number 2005 -13 for the Arrowhead Planned Unit Development (PUD) to revise the transportation commitments by amending "Section VIII Development Commitments," and "Section 8.5 Transportation" subsections B, K, L.3, M through P of the PUD Document and adding "Section IX Deviations" to the PUD document. No changes are proposed to uses, densities or intensities approved in the existing PUD. GEOGRAPHIC LOCATION: The subject 307.3 acre PUD is located at the southwest corner of Lake Trafford Road (CR 890) and the proposed extension of Carson Road in Section 6 East, and Section 31, Township 46 South, Range 29 East, location map on following page.) PUDA- 07 -AR- 12321, ARROWHEAD PUD Page 1 of 10 Township 47 South, Range 29 Collier County, Florida. (See CO O O N z N C N Q ONE q1I Z w� r_ a � O J 0 V _Z Z O N CL G Z O Q O ti 1B a W i V 2 �' Oa CH ¢DI � yry¢ 6t 'i S C N y _ V wo s� I 0 V _Z Z O N CL G Z O Q O IL < ol 01 ULL <.L aU LL ods xa O fe ijl� ms aS . . . . . . . . . .. oe %Va 2 z YJ CAIt50N ROAD R.O.W. < ol 01 ULL <.L aU LL ods xa O fe ijl� ms Agenda Item No. WG July 22. 2008 Page 13 of 121 PURPOSE/DESCRIPTION OF PROJECT: The Arrowhead PUD was originally approved in 1991 with the adoption of Ordinance Number 91 -44. This ordinance was repealed in 2002 with the adoption of Ordinance Number 2002 -40. On March 22, 2005, the Board of County Commissioners approved Ordinance Number 2005 -13 that partially repealed Ordinance Number 2002 -40 for the purpose of amending the PUD document and Master Plan to permit a maximum of 1,245 single-family and multi - family dwelling units and 15 acres of commercial uses on the 307.3± -acre project site. A park to serve the residents is provided for and 60± acres of preserves and numerous water management lakes will be provided on site. Access is from both Lake Trafford Road and Carson Road. The County has approved a subdivision plan and plat submittal for Phase One of Arrowhead Reserve (AR- 3771), consisting of the first 156 single - family lots; infrastructure improvements to Lincoln Street, Carson Road extension, Immokalee Drive extension, and a turn lane on Lake Trafford Road. The county has also approved a subdivision plan and plat submittal for Phase Two (AR- 3974), allowing for the development of 271 more units and a final plat submittal for Block C (AR- 10331) allowing for the development of 23 additional single family units. The petitioner is now proposing an amendment to Ordinance Number 2005 -15, the Arrowhead MPUD instead of adopting a new PUD by Ordinance and repealing this Ordinance. The amending Ordinance proposes the following changes: • Section 8.5.B.: The applicant is requesting added language to clarify that the turn lanes at Lake Trafford Road and Carson Road will be improved within one year of approval of this proposed Arrowhead Ordinance except that the turn lanes for the commercial tract and the shared north Carson Road entrance shall be required as part of the commercial site development approval. • Section 8.5.K.: The applicant seeks to add language to clarify that the constructed road improvements to Carson Road extension from Lake Trafford Road south to Immokalee Drive and the westerly 450 feet of Immokalee Drive must obtain acceptance from the Collier County Road Maintenance Department. • Section 8.5.L.: The applicant is requesting added language to clarify that the intersection improvements to the intersection of Lake Trafford Road and Carson Road are completed within one year of the approval of this proposed Arrowhead Ordinance. • Section 8.5.M.: The applicant seeks to remove the original section requiring repairs to pavement edges and construction of paved shoulders and replace it with new language. The new language states that the developer will remove the existing sidewalk along the north side Lake Trafford Road from Carson Road to State Road 29 and install a new pathway. In addition, the developer will provide a $30,000 contribution to Collier Area Transit for a bus PUDA- 07 -AR- 12321, ARROWHEAD PUD Page 4 of 10 Agenda Item No. 17G July 22, 2008 Page 14 of 121 stop to be located within the Arrowhead commercial area. These will be done within one year of the adoption of this proposed Ordinance. • Section U.N.: The applicant is requesting to delete the original section requiring signalization modifications at the intersection of State Road 29 and Lake Trafford Road and to replace it with new language. The new language states that the developer will make payments totaling $79,200 to Collier County in lieu of providing a signal modification at State Road 29 and Lake Trafford Road and a signal modification at State Road 29 and Immokalee Drive; and in lieu of providing a right -turn lane on Immokalee Drive. • Section 8.5.0.: The applicant is seeking to remove the original section requiring improvements to the intersection of S.R. 29 and Immokalee Drive and new signalization for State Road 29. • Section 8.5.P.: The applicant is requesting to remove the original section, which addresses the timing of the completion of the previous sections 8 -5 K through 8.5 O to replace it with language describing the time commitments as outlined above. • Section IX "Deviations" The applicant is seeking a deviation from the requirement of Collier County Land Development Code (LDC) Section 6.06.02.A.1. which requires a sidewalk on both sides of a road such as Lake Trafford Road to allow a sidewalk on one side of the road only. The petitioner is seeking a deviation to provide a sidewalk along the north side of Lake Trafford Road in lieu of constructing shoulders and other roadway improvements along Lake Trafford Road, for which there exists insufficient area to accommodate (see the struck through language in PUD Section 8.5 M). In addition, a contribution is proposed in the amount of $30,000 to the Collier Area Transport (CAT) to provide for a bus stop in the Arrowhead commercial area. This will enhance pedestrian access in the Immokalee area. Transportation Staff has reviewed the proposal and has no objection to the proposed deviation. No increases in intensity or density are proposed and no changes are proposed to the Master Plan. This petition is incorporating a strike through and underline format to address the specific changes proposed only. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. SURROUNDING LAND USE AND ZONING: Subject Parcel: The subject 307.3 acre parcel has a total of 1,245 permitted dwelling units. This is an affordable housing project: 15 percent of the total dwelling units or 186 dwelling units are reserved for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. This PUD is partially developed with approximately 97 single family dwelling units and 209 multifamily dwelling units. PUDA- 07 -AR- 12321, ARROWHEAD PUD Page 5 of 10 Agenda Item No. 17G July 22, 2008 Page 16 of 121 Land Use Map of the Growth Management Plan. No changes are proposed to the uses, densities or intensities approved in the existing PUD. The Low Residential Subdistrict allows single - family, duplexes, multi - family and mobile home development not to exceed a density of four (4) dwelling units per acre. The Neighborhood Center Subdistrict, encompassing 33.3 acres of the PUD allows a mix of uses including commercial, governmental facilities and residential development up to a maximum of 12 units per acre. The subject site qualifies under Category III (300+ acres) of the PUD Commercial Subdistrict and is allowed to develop up to the maximum of 20 acres with uses found in the C -2, C -3 and C -4 zoning districts. The subject property has 274 acres designated as a Low Residential Subdistrict including 15 acres approved for commercial uses under the PUD Commercial Subdistrict. Therefore, the 259 acres (274 -15 =259) are eligible for 1,036 dwelling units (maximum of 4 units per acre). The additional 33.3 acres is within the Neighborhood Center Subdistrict and is eligible for 400 dwelling units (maximum of 12 units per acre). The total project is eligible for 1,436 residential dwelling units (4.91 units per acre). The existing PUD is approved for 1,245 residential dwelling units (4.26 units per acre) and fifteen percent of the total number of dwelling units, or 186 dwelling units, are reserved for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. The existing PUD is approved for 15 acres of commercial uses as allowed by C -2 through C -4 zoning districts. Based upon the above analysis, the existing, approved PUD may be (and previously was) deemed consistent with the Immokalee Area Master Plan and, given that the proposed PUD amendment does not affect the approved density or use intensity, the amendment may be deemed consistent with the Immokalee Area Master Plan. Transportation Element: Transportation staff has determined that the Arrowhead PUD Amendment is consistent with the Transportation Element of the GMP because no additional or new traffic impacts are proposed as a result of this PUD amendment. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.03.05 I. and Section 10.02.13.B.5 of the Land Development Code (LDC) and require staff evaluation and comment. The Collier County Planning Commission (CCPC) and the Board of Collier County Commissioners (BCC) also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUD's should establish a factual basis for supportive action by appointed and elected decision - makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit `B "). PUDA-07-AR- 1232 1, ARROWHEAD PUD Page 7 of 10 Agenda Item No. 17G July 22. 2008 Page 17 of 121 Transportation Analysis: Transportation Department Staff has reviewed the requested revisions and has recommended approval as shown in amended PUD ordinance. Zoning and Land Development Review Analysis: The proposed amendment to the Transportation Development Commitments in Section 8.5, subsections B, K, L.3, M and P and adding Section IX Deviations will not change the currently approved permitted uses and intensity. The proposed change primarily addresses off -site road improvements. In regards to the proposed deviation to provide a sidewalk along the north side of Lake Trafford Road instead of both sides of the road as required, the petitioner has provided the following justification: a sidewalk is proposed along one side of the road in lieu of constructing shoulders and other roadway improvements along Lake Trafford Road because there exists insufficient area to accommodate the improvements (see the struck through language in PUD Section 8.5 M). In addition, a contribution is proposed in the amount of $30,000 to the Collier Area Transport (CAT) to provide for a bus stop in the Arrowhead commercial area. This will enhance pedestrian access in the Immokalee area. Transportation Staff has reviewed the proposal and has no objection to the proposed deviation. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant/agent duly noticed and held the required NIM on December 5, 2007, 5:30 PM at the Arrowhead Community Center, 1255 Lincoln Boulevard, Immokalee. Three neighboring property owners attended, as did the applicant, his agent and county staff. Bill Klohn, the applicant and Bob Duane, the agent introduced themselves and briefly explained that the PUD amendment was necessary due to changes to some transportation commitments. • Mr. Duane said "will improve sidewalk on the North side of Lake Trafford Road (from Arrowhead PUD) to the Winn -Dixie Shopping Center, by adding three feet to the existing 5 feet wide sidewalk." The sidewalk will be approximately 4,000 feet long. • When asked, "how many Iinear feet will the sidewalk be ?" Mr. Klohn responded, `45,000 total linear feet." • Mr. Duane stated, "We've had multiple meetings with Transportation (planning) regarding the sidewalk relative to when /if the sidewalk narrows" and providing monies to other improvements: "widen the sidewalk, traffic related improvements; and signalization to Lake Trafford Road." Neighboring property owner, Marizol "Sunnie" Lozano responded, "good idea; we need sidewalks here." There were no objections stated to the proposed PUD amendment and related transportation improvements. The meeting concluded at 5:45 PM. PUDA- 07- AR- 12321, ARROWHEAD PUD Page 8 of 10 Agenda Item No. 17G July 22, 2008 Page 18 of 121 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA - 2007 -AR- 12321, Arrowhead Planned Unit Development (PUD) that amends Ordinance Number 2002 -40, and Ordinance Number 2005 -13 the Arrowhead PUD to the Board of Collier County Commissioners. PUDA-07-AR- 1232 1, ARROWHEAD PUD Page 9 of 10 PREPARED BY: NANCY D LA PH, PRINCIPAL PLANNER DEPAR N ZONING AND LAND D 7ELOPMENT REVIEW REVIEWED BY: a toon.f-.l!L_ MARJOJE M. STUDENT - STIRLING ASSISTANT COUNTY ATTORNEY RAY 8ELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW "'SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: K. SCHMITT ADMINISTRATOR rNITY DEVELOPMENT AND NMENTAL SERVICES DIVISION AgenCa Item No. 17G July 22, 2008 Page 19 of 121 jr1A,11A1f% i 08 DATE 5fi O� DATE S-4/ w DATE —s'�Ao 5 U DATE Tentatively scheduled for the July 22, 2008 Board of Comity Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDA- 07 -AR- 12321, ARROWHEAD PUD Page 10 of 10 Agenda Item No. 17G July 22.. 2008 Page 20 of 121 EXHIBIT "A" REZONE FINDINGS PETITION PUDA- 2007 -AR- 1.2321 Chapter 10.03.05 I. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. As noted in the Staff Report, the subject 307.3 acre parcel has a total of 1,245 permitted dwelling units. This is an affordable housing project: 15 percent of the total dwelling units or 186 dwelling units are reserved for occupancy to families whose combined income is no greater than 80 percent of Collier County's median income. This PUD is partially developed with approximately 97 single family dwelling units and 209 multifamily dwelling units. To the north is Lake Trafford Road, then Lake Trafford Elementary School and farm land, both zoned Agricultural, and a convenience store (at the corner of Carson Road), which is zoned C -3. To the east are mobile homes and vacant tracts along 29s' Street which are zoned Agricultural- Mobile Home Overlay (A -MHO). To the south are forested lands which are zoned A -MHO. To the west are agricultural fields, which are zoned A -MHO. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The currently approved PUD was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts when the PUD was adopted. The proposed amendment does not change the projects consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment to the Arrowhead PUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at the time the property was first rezoned to a PUD. PUDA- 07 -AR- 12321, ARROINHEAD PUD Page 1 of 4 Agenda Item No. 17G July 22, 2008 Page 21 of 121 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, the petitioner's commitment to provide affordable housing units make the proposed amendment desirable. The amendment is not necessary, per se, but it does seem appropriate. The County needs to provide additional affordable housing units, approval of this amendment seems appropriate to help meet that need. The proposed PUD amendment is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed Transportation amendments will influence the traffic conditions in the neighborhood in that the improvements will occur at earlier time frames than previously committed to, such as within one year of approval of this petition. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment does not increase the intensity of the approved PUD. Therefore, the proposed PUD amendment will not excessively increase traffic congestion. S. Whether the proposed change will create a drainage problem. The proposed amendment to the Transportation Development Commitments will not change the current approved development plan or intensity of development. Therefore, the proposed amendment will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will not change the currently approved development standards that have been determined not to seriously reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. PUDA-07-AR- 1232 1, ARROWHEAD PUD Page 2 of 4 Agenda item No. 17G July 22, 2008 Page 22 of 121 The proposed amendment will not change the permitted uses, project intensity or the approved development standards. Therefore, staff is of the opinion that this petition will not adversely affect property values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The development of adjacent properties, in accordance with existing regulations, will not be affected if this PUD amendment is approved. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The Comprehensive Planning staff has determined that proposed amendment to the PUD complies with the GMP. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with said plans are in the public interest. Since the proposed amendment will not increase the projects intensity of use, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing PUD zoning. The proposed PUD amendment does not seek to alter the current uses or development standards. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment will not change the scale of the project with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment to the Arrowhead PUD will not change the list of permitted uses that has already been approved for the subject site. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. PUDA- 07 -AR- 12321, ARROWHEAD PUD Page 3 of 4 Agenda liem No. 17G July 22, 2003 Page 23 of 121 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The proposed amendment will not impact the currently approved physical characteristics of the property or the degree of site alteration required to make the property usable for development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this amendment and has found it consistent with the GMP. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed amendment will have no affect upon those conditions. PUDA- 07 -AR- 12321; ARROWHEAD PUD Page 4 of 4 Agenda Item No. 17G July 22, 2008 Page 24 of 121 EXHIBIT "B" FINDINGS FOR PUD PUDA- 2007 -AR -12321 Section 10.02.13.B.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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. Jurisdictional reviews by County staff support the manner and pattern of development approved and developed for the subject property. Development conditions contained in the approved Arrowhead PUD document give assurance that all infrastructures will be developed consistent with County regulations. The proposed amendment will not adversely impact the approved mitigation measures that assure compliance With Level of Service relationships as prescribed by the GMP. - 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, 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. Documents submitted with the amendment application provide evidence of unified control. The proposed amendment does not change the approved provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The currently approved PUD has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity of the proposed amendment is contained in the Staff Report. 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. Staff analysis indicates that this amendment will not adversely impact the PUD's compatibility, both internally and externally, with the proposed and existing uses. PUDA- 07- AR•12321,ARROWHEAD PUD Page I of Agerioa Item No. 17G July 22. 2008 ?age 25 of 121 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space currently approved for this PUD is consistent with the provisions of the Land Development Code. The proposed amendment will not change the adequacy of the usable open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Given the fact that the Arrowhead PUD is currently under development, the timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. The proposed amendment will not adversely impact the ability to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. One deviation is being sought as part of this amendment and is discussed in the Staff Report. PUDA- 07 -AR- 12321, ARROWHEAD PUD Page 2 of COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLUERGOVMET Agenda Item No. 17G July 22, 2008 Page 26 of 121 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APR TIG`I1'FO r T s Z tt v ,gt ff" A` NOMENTTO1UD`(PUDA) Q PUD, REZONE =(PL)DiZ) ,x p�lU �I R EQIUEg(�t�' , PETITION NO (AR) PROJECT NAME AFFORDABLE I IOUSING EXPEDITED REVIEW PROJECT NUMBER PUDA- 2007 -AR -12321 REV. 2 DATE PROCESSED ARROWHEAD PUD Project 19990303 ASSIGNED PLANNER Date. 12M07 DUB 1,2/08 APPLICANT INFORMATI" NAME OF APPLICANT(S) MDG LAKE TRAFFORD COMMERCIAL, LLC ADDRESS 2180 IMMOKALEE RD., STE. 309 CITY NAPLES STATE FL ZIP 34110 TELEPHONE # (239) 594 -8700 CELL # FAX # (239) 596 -4399 E -MAIL ADDRESS: BKLOHN @MDGCORP.COM NAME OF AGENT ROBERT L. DUANE, AICP OF HOLE MONTES, INC. ADDRESS 950 ENCORE WAY CITY NAPLES STATE FL ZIP 34110 TELEPHONE # (239) 254 -2000 CELL # FAX # (239) 254 -2099 E -MAIL ADDRESS: BOBDUANE @HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 01/18/07 Agenda Item No. 17G July 22. 2008 Page 27 of 121 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: IMMOKALEE CHAMBEFF�f COMMERCE Cj0 MR RICHARD RICE. MAILING ADDRESS . 310 ALACHNA ST. CITY IMMOKALEE_ STATE FL_ ZIP 34142 NAME OF HOMEOWNER ASSOCIATION: _ARROWHEAD RESERVE AT LAKE TRAFFORD POA MAILING ADDRESS 2180 IMMOKALEE RD, SUITE 309 CITY NAPLES STATE EL ZIP 34110 NAME OF COMMUNITY ASSOCIATION: JUBILATION COMMUNITY ASSN _INC, MAILING ADDRESS 1170_14ARVESTDR_CITY IMMOKALEE STATE FL ZIP-34342-2190 NAME OF ASSOCIATION: LAKE TRAFFORD ELEMENTARY C/ SUPERINTENDENT /SCHOOL DISTRICT COLLIER COUNTY MAILING ADDRESS 5775 OSEAOLA CITY _ NAPLES STATE FL _ ZIP_ 34109-0919 NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY _ _ STATE ZIP NAME OF CIVIC ASSOCIATION: _IMMOKAIFE CIVIC. ASSOCIATION C(O_MR. LEO ROGERS PRES. MAILING ADDRESS 502 E_ MARKET _RID. CITY IMMOKALEE STATE _ FL ZIP 34142 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 Percentage of Ownership - �FPheaiion For P"h4, 71rvinp 1 .. PUU Rc>one OLl $:Oi F /6:0[17 POb D6 PM S' /2l!?OOT ') (109J Apt Agenda Item No. 17G July 22, 2008 b. If the property is owned by a CORPORATION, list the officers and stockhoUers and121 the percentage of stock owned by each. Name and Address Percentage of Ownership MDG Lake Trafford Commercial, LLC MDG Capital Corporation 2% William L. Klohn, LLC 49% Patrick McCuon, LLC 49% C. If the properly is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Application For Public Hearing For PUD Rezone O118/07 Percentage of Ownership Agenda Item No. 17G July 22, 2008 Page 29 of 121 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 Date of Contract: Percentage of Ownership 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 N/A g. Date subject property acquired ❑ leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: r 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. Application For Public Hearing For PUD Rezone OVl g 7 Detailed legal description of the 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 ° 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 6 / 47S / 29E Section/Township /Range 31/ 46S J 29E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 22430003286 Metes & Bounds Description: See attached Sketch and Legal Description Size of property: h. X k. = Total Sq. Ft. Acres 307 (commercial tract IS acres) Address /general location orsubiect property: PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial ❑ Industrial ADJACENT ZONING AND LAND*T SE; ` - -� Zoning Land use N A& C3 PUD Agriculture Vacant, School, Commercial Convenience Store (with ST1W -1 ST/W -2 ST/W -3 and ST /W4 Overlays) S A -MHO Vacant E A- MHO -VR Vacant W A -MHO Vacant 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 an separate page). Section/Township /Range Lot: Block: Subdivision: Plot Book Page #: Property I.D. #: Metes 8 Bounds Description: Applicalion For Public Hearing For PUD Rezone 01!18/07 No, Not Applicable Sedion/T own ship/Ronge J Lot: Block: Subdivision: Plat Book Page #:___ Property I.D.# Metes & Bounds Description: Agenda Item No. 17— ,July 22, 2008 Page 31 of 121 - --- RM77 =0�ET F _ - This application is requesting a rezone from the MPUD zoning distrid(s) to the —_MPUD zoning district(s). Present Use of the Property: Single and multi - family under construdion including vacant lands. Proposed Use (or range of uses) of the property: Residential- Single Family and Mulli- family under construction and proposed commercial uses. Original PUD Name:- Arrowhead PUD _ Ordinance No.: 05 -13 -- — FVAI,UA170NCWj,* 1A - -- — 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 (fDC S-ection_.10_02.13.9) 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. Not applicable to the nature of this rezone. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be mode for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained of public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Not applicable to the nature of this rezone. 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 explain ingladdr es sing all criteria or conditions of that Sub- disiricl, policy or other provision.) Apphca0on For Pubbc I Jcanng F or PUP R000c (1]'19:07 8;N2007: 06 . 08 Pht 843,2007'+'(015AM Agenda Item No. 17G July 22, 2008 Page 32 of 121 Not applicable to the nature of this rezone. 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. Not applicable to the nature of this rezone. .5. The adequacy of usable open space areas in existence and as proposed to serve the development. Not applicable to the nature of this rezone. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Not applicable to the nature of this rezone. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Not applicable to the nature of this rezone. il. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particulor 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. Not applicable to the nature of this rezone. 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 subject property: To your knowledge, has a public hearing been held on this property within the lost year? ❑ Yes No If so, what was the nature of that hearing? NOTICE: This application will be considered 'open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue Processinq or otherwise acfivel�pvrsue the rezoning for a Period of six 6 months. An application deemed "closed" will not receive further processing and on application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. ILDC Section 10.030501 A For Pnhhc lkering For Ptlp Rczonc 01,18107 F"V2007 2 06.08 PM 8iZ312007 900.35 AM P.oenda =.em No. 17G July 22, 2003 Page 33 of 121 w cir:s r t PU"'f E. z, 's a•'„` -�+" c.^iR -fs � s. K Drns 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 COPIES REQUIRED NOT REQUIRED I Additional set if located in the Bayshore /Goteway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary 24 X Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments (download application from wehsife for current form) 24 X Pre - applicatio meeting notes — - -- n - — 24 — X -- PUD Conceptual Master Site Plan 24" x 36" aril One R '' /a" x I I" copy 24 X _ Revised Conceptual Moster Site Plan 24" x 36 "and One 6 ''/2" x 11" copy 24 N/A Original PUD document /ordinance and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD Revised PUD application with changes crossed lhm R underlined _ 24 k X 24 Revised PUD application w /amended Title page w /ord #'s, LDC 10.02.13.A.2 24 X .oF,thelfolfow, r _ Deeds /Legol's 8 Survey (if boundary of original PUD is amended) 2 — 2 List identifying Owner 8 oil pontes of corporation —_ - -� -- X Owner /Aflidovit signed & notoriaed — — -- — — 2 — X - -_ Covenant of Unified Control ----- - - - -_— 2 X — Completed Addressing cheeklisl 2 X .do'ipiei",,oi the; following:- 4 - -- Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification X Historical Survey or waiver request 4 X Utility Provisions Statement ./sketches 4 X Architectural rendering of proposed structures 4 X Survey, signed 8 sealed -- 4 -- - X Truffic Impact Statement ITIS) or waiver - - -- - - 7 - X Recent Aerial Photograph {with hobitot areas defined) min scaled 1 " =400' "z;w_ 6/\ X Electronic copy of all douumenis in Word format and plans (CL)Rom or Diskelte) X EDC "fort Tcock" must submit approved copy of olliciol applimlion Affordable Housing "Expedited" must submit coyy of signed Certificate of Agreement 2 I X It locote (Lm KtMU (Itur nl hrin<re Mixed UseLKeeeiving L and Areoy- Applicant must contact Mr. Cerry J. Locavern, State of Florida Division of Forestry @ 239 - 690 -3500 for inlormotion regarding "Wildfire Mitigotion 8 Prevention Plan ", LDC Section 2.03.O8A.2.o.1 h) i.c. Applicant /Agent Sigooture Date Apphcoonn For Puhhc ttcannp l'or Pl In Raon< OLA S'07 3,6,:007;.06.09 6,1,1 S!"IRA07 900.35 AM c COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLtIERGOV.NET Agenda Item No. 17G July 22, 2008 Page 34 of 121 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 123914n3 2400 FAX 23 0 - { 9) 643 -6968 PRE - APPLICATION MEETING NOTES ❑ PUD Rezone (PUDZ) ❑ PUD to PUD Rezone (PUDZ -A) PUD Amendment (PUDA) Dote: 7, " Time: Oj Firm: Protect Name: / )Y r { / �' " 1 I�(�l.U' 'p(/t,b Size of Project Site acres t Applicant Name: 1 f / �t l/� Phone: Owner Name: 7 C" " 7 ­� Z /8a Owner Address: Existing PUD Name and Number Assigned Planner Meeting Attendees: (attach Sign In Sheet) Submittal requirements (see next page checklist): 2002-``0 AFFORDABLE HORSING EXPEDITED REVIEW PUDA- 2007 -AR -12321 REV: I ARROWHEAD PUD Project: 19990303 Date: 9126107 DUE: 10 117(07 -1- GACurrentlPre- Application Forms 20061PUD Rezone, PUD Amendment PUD to PUD Rezone pre -app 050404.doc Fees! Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction thereof) July 22, 2003 Aa-nda item No. 17G - ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) page 35 of 121 $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) ❑ $150.00 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. $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). $363.00 Legal Advertising Fee for BCC meeting $2500.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified, • $3.00 Certifledretwn receipt mail ( to be paid after receipt of invoice from Dept. of Zoning $, Development Review) Transportation Fees, if required: ❑ $500.00 Methodology Review Fee, if required ❑ $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required Fee Total $ _ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner orior to the due date SCHOOL DISTRICT PARKS & REC —Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EMI — EMER. MGMT —Jim Von Rintem UTILITIES ENGINEERING — Zamira Deltoro CDES Coordinator — Linda B. Route Sheet only ° � - 7Z29,5:/ -*"P-V /33C/t53 1N PurQ,4 -3- GACurrent \Pre - Application Forms 2006 \PUD Rezone, PUD Amendment PUD to PUD Rezone pre -app 050404.doc �la Item No 17 PUD REZONE (PUDZ) July 22. 2008 ' PUD to PUD REZONE (PUDZ -A) Page 36 of 121 PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST 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 ACrFPTFn REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED STANDAA12iRi3CiUIRENIENTS.. ?J= 1 Additional set if located in the Boyshore /Gatewoy Triangle Redevelopment Area) / X Copies of detailed description of why amendment is necessary 24 Completed Application (download from websife for current form) 24 Pre-application meeting notes Y4 PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/2" x 11" copy 24 Revised Conceptual Site Plan 24" x 36 "and One 8'/z" x I I" copy 24 Original PUD document and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD 24 Revised PUD document with changes crossed thru & underlined 24 Revised PUD document w amended Title page w ord #'s, LDC 10.02.13.A.2 24 or°es,'of= fhefellowing ';'::, • -. -.., Deeds /Legal's & Survey (tf boundary of original PUD is amended) 2 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 Historical Survey or waiver request 4 Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver Aerial photographs (taken within the previous 12 months min, scaled 1 "= 200'), showing FLUCCS Codes, Legend, and roject boundary5 Electronic copy of all documents in Word format and plans (CDRcm or Diskette) Affordable Housing or Economic Development Council Projects: i X ❑ EDC "Fast Track" must submit approved copy of officio) application ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. 2 If located in RFMU (R al Fringe Mixed Usel Recelvi a Land Areas Applicant must contact Mr. Gerry f. Locavera, State of Florida Division of Forestry @ 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a ib)i.c. "2_ G: \CurrentTre- Application Forms 2006 \PUD Rezone, PUD Amendment PUD to PUD Rezone pre -app 050404.doc YO -F--T---F---7- Agenda Item No, 17G July 22, 2008 Page 38-of 121 MDG- CAPITAL CORPORATION 4079 PH 239 - 594 -8700 63- 1018/670 21801MMOKALEE RD, SUITE 309 NAPLES, FL 34110 A� :)6 1:0570101691: i0 10048192u• 407 06/ -1i12 C07 12 31 TEL °2542093 H M LAND DEVELUPkc "NT 2002/017 Agenda Item No. 17G ul � 22, 2008 C0� 32,2121 COLLIER COUNTY GOVERNMENT 2800 NORTH HOiRSFSHnE DRIVE ADL)NESSING DEPARTMENT 3' NAPLES, FLORIT)A 34104 ADDRESSING CHECKLIST �- Pleesu cumplete the fol)nwin© and fax to the Addrr „ring Dept) imept at 239 -G59 -5724 or submit in pmrson to die Add,, essing Deparfmcnt of Ile ahnve address. Form muss be, uipomd by Addres!inp per: nnOl Pr:nr le PM-- epplicstian mooting. Not all iteartm will apply to every prDlcct. keels in bola type ire required. Formc older ihnn 6 ninths will require additional revir..v and approval by the Addre2sinq Denarimant. PETMON TYPE (e;iork pnaitmn type below, ummpinfe aJ sepmrnfo Addremag Checklid Inr rirh PeGlion Type) n BL (Blasting PGrtnit) [] St7P (Site Development Plnn) 0 BD (173unl Dm* Fxlr.nsiorn) 1_] SDPA (SDP Amendntent) [] Carniv:n!fGirpus Purmil [_] SOPf (li!cubslan6al Change to SDP) (] CU (Conditional U,-.o) [] Sli+ (SAe Impmvenxnt Plan) ❑ EXP (cxcevation Permit) n SIPI (Ineuontanilal Chance to SIP) LJ FP (Final Plal ❑ SNR (Street N8rtt0 Chang) [J LLA (Lot Lino Ad;us:nu:ng I._1 SNC (Street Name Chang, - Unpfatlpd) [`J PNC (Project Name Chnnr)e) [] TDR (Transfer of Devbloprocnl Rights;) ❑ PPL (flans A Plat Review) [] VA (Varian cc) ❑ PSP (hrellrrur¢ try Subtiivhlon PIHI) - ❑ VRP (Vegetation Removal Permit) I -) PUD Rezone 1 J VRSFP (Vngrtallon Rcmoval & Site FIII Permit) {] R7 (Standard Rrrone) Cj OTHER -PUD Amendment LEGAL DESCRIPTION of subject property or propBrtics (copy ci Irm�rny rtnscrlAtlorr may h<: affarhetl) S31 /T46S /R29E and 36IT47SIR29E .1 .._ —._- - ---- _-_ --_. Zoning FJ aps aCactlod FOLIO (Property ID) NUMBER(3) of above f if ich fn, ur x"twialn wills (ege.v cfc3crrpllRn )f more !)rare onr.) See attached STREET ADDRESS (11 ADDRESSF$ r•?t applicabk>, if;dreoldy a,;signad) Arrowhead Reserve at Lake TraPfard- Phase I, Phase 2, Bock B r& C (see GIs aerial w/ labels) • LOCATION MAP must he all ached t:howing ex icl loeallor. of prnjrr.I /slle in relcnIian to ncare; t pubfe toxic] right -o4-way • SURVEY (copy - nrr•.deri only for unplattcd pr(jperbe.) Pj7DPOSED PROJ -('7 NAME (if,tDphcaDle) PROPOSED STREET NAMES (it apf,Gc.yhl<;J~ SITE D£VELOPMPNT PLAN NLIMBFF; (forCxr:, lwg pruj,ar9 asifo.c Linty) SD ?.� AR or 4 /� \ –... Page t of AFFORDABLE tiOJS;NG EXPEDITED REVIEW ARROWHEAD 007 - D PUD21 REV: 1 ARRO'JVHEAD PUD7 a Project 19990303 Date: 9126107= DUE: 10/17/07 T US /Ir /LUu! IZ A2 -ILL 92542099 A00RESMNO CHECKLIST . f -'AC;[ 7WO H M LAND DEVELOPMENT 91002/017 Agenda Item No. 17G July 22, 2008 Page 40 of 121 rrojoct or dcvoiapmenl romc9 proposed for, or already appr:aring in, acndominium dorumentS (If applic &live: indie:aie Whotnor proposed or existinp) Ple:n;c Cher %c On<:: I�1 (>er_klis('rs io be Faxed hunk j� Pw.,onally Pickod VP APPLICANT NAME: Robert L. Duane. A.LC.P. PHONE: 239 254 -2000 Ext.204( ._ ., FAx Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing department. FOR STArr USE ONLY primary Number _ Address Number Address Number? (0 5 -1 C) s Address Number 73to 5`I O (� Approved hy: -,U- .t.b 1 ' G-% C>- i Vito: �o - z. 0 - 0 Updated IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED rage 2 (it 2 <,_l[hnnmfl ppjl ^.00pn I pPnPVttltlicsiny C:iwG jrA rCvo mlrjl 1100 This instrument Prepared By: Thomas K. Boardman BOARDMAN & SPILLER, P.A. 1400 North 15'° Street, Suite 201 Immokalee, Florida 34142 Parcel I.D. No.: 00132680107; 00072520000 RQenda Item No. 17G 3046606 OR; 3111 P(; .aNtiof121 IICOIHD 11 OPPICIAL IIWIDS of MAU COM, IL 09117/2002 it IONIAN DIIGU 1. BIM, CLIII 0013 1000000.00 IIC nl I5.00 DOC•.20 2001100 [eta: IUDW 1 SPILLII IM I iStl ST 1201 INN0mill PL 11112 THIS SPACR FOR RECVROZNO OATA ; THIS SPECIAL WARRANTY DEED dated the 6" day of September, 2002, by JAMES E. WILLIAMS, JR., and D kt his wife, whose mailing address is 1300 North Fifteenth Street, lmmokalee h called the Grantor, to MDG LAKE TRAFFORD COMMERCI ,(1� , , a Florida Li ! bility Company, whose mailing address is c/o MDG Capital rpo O lmmokalee R ite 308, Naples Florida 34110, hereinafter called the Grant WITNESSETH: at G" t r, (910.00) and other value 1,P1 t acknowledged, by then p �s od grant, ba unto the Grantee, all that c property described on Exhibit "A" attac o (the O,. NOTE: This conveyance is limitations of record, as well as to ad of the sum of Ten Dollars ciency whereof is hereby release, convey and confirm e, Florida, more particularly nts, restrictions, reservations, or other ez for the current year. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. AND TOGETHER with the Grantor's right, title and interest in and to all improvements located on the Property including all struts, roads, rights -of- -way, easements, canals, waterways, beneficial to the Property; and all of the Grantor's interest in the air, surface, subsurface, mineral, water and riparian rights appurtenant and incidental to the Property, including, but not limited to, such permits, approvals, licenses, consents, vested rights, exemptions, and all benefits appurtenant to or used in connection with the beneficial use and enjoyment of the Property, all of which is assigned to Grantee to the extent that the same pertains to the Property. TO HAVE AND TO HOLD, the same in fee simple forever. AFFORDABLE HOUSING EXPEDITED REVIEW PUDA- 2007 - Aft -12321 REV: ARROWHEAD PUD P101CM 19990303 Date: 12 /7/07 DUE: 112108 I Agenda Item No. 17G ��-aa'J'u y 22 2008 G OR: 3111 PG: 'f' 42 of 121 CAeMWwmaWSpuW WarrdtlW&ffim MDMW&L[AMSMWLAKEWMM..yd AND the Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good and absolute right and lawful authority to sell and convey the Property to Grantee; that Grantorhercby wanants the title to the Property and will defend the same against the lawful claims of all persons claiming against the Property because of the acts or omissions of the Grantor but against no other. IN WITNESS WHEREOF the Grantor has caused this Deed to be executed as of the date first above set forth. WITNESSES: (Si c. Print) A STATE OF FLORIDA COUNTY OF COLLIER The foregoing' w Ipr�w� by JAMES E. WILLI personal known to me or uced Florida D identification. Rt� %A M. PC -LMR E,bmwm,. mum E. day ofSeptember, 2002, f and wife. They are TFtE C]Ryy��L 1 tIl 1,l.4rLt, l NOTARY PUBLIC Print Name: Y�'1, f ! 1 D is 1. Commission No. Commission Expires: gen a my 22 2SC3 OR: 3111 PG. I4 Exhibit "A" A PORTION OF SECTION 31, TOWN" 46 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTIOULARLY DESK AS FOLLOWS: COMIMENCE AT THE NORMAS'T MV" OF THE SOUTHEAST 1/4 OF SECTION 31. TOWNSMP 48 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA, THENCE RUN 10111'01M.. ALONO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31, FOR A DISTANCE OF 34.62 FEET TO A PONT ON THE SOUTHERLY 11IQ1T —OF—WAY UHL OF LAID: TRAFFORD ROAD. AN 80.00 FOOT RIGHT -0E— WAY. AND TO A POINT OH A CIRCULAR CURVE, CONCAVE NOR1HMY. WHOSE RAD 11.499.20 FEET THERM RXIHT- OF-WAY LINE OF OF SAID CURVE TO 111E THROUGH A CENTRAL Al 59.95 FEET AT A KARA TD THE THENCE RUN sas -.iO' S 0111'04•E., FOR A FOR A pSTA ICE OF 9G DISTANCE OF 1.051. F 827.49 FEET TO A LAKE TRAFFORD R _ 1a . . • , ri • . r6 A. ' t AND ALONG THE ARC 11.49920 FEET. D BY A CHORD OF INSTANCE OF 59.98 FEET DESCRIBED, 52 : THENCE RUN •W. FOR A A DISTANCE OF AY LINE OF SAID THE SOUTHERLY A DISTANCE OF BEARINGS SHOWN HEREON REFER TO THE EAST LINE OPAKE SOUTH HALF OF SECTION 31. TOWNSHIP 48 SOUTH, RANGE 29 EAST. AS BcT.10 T.O111 -C4•E. >, Agenda Item No. 17G July 22, 2008 Page 44 of 121 AFFIDAVIT We /l, William L. Klohn, being first duly sworn, depose and say that well ant /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. Well 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. As property owner Well further authorize Robert L. Duane to act as our /my representative in any matters regarding this Petition. N Signature of Property Owner William L. KLOhn Tvped or Printed Name of Owner The foregoing instrument was acknowledged before me this N day , -, h o 20 , wh is-personally known to me or has t pr , o duc�e, d -p_ as identification. State of Florida (Signature o(Notary Public - State of Florida} County of Collier Denise Larson Notary Stamp 'y q Da' LAR80N h'Y COMMISSION #OD 508486 '�• 'I . otmu N�aa7 MaY Pww3 �tuw..wrm AFFORDABLE HOUSING EXPEDITED REVIEW PUDA- 2007 -4R -72321 REV: 2 ARROWHEAD PUD PrajtcC 19990303 Date. 12/7/07 DUE: 12/08 Agenda Item No. 17G July 22, 2008 Page 45 of 121 Arrowhead Ownership Ownership: MDG Lake Trafford LLC MDG Capital Corporation 2% managing member William L Klohn, LLC 49% Patrick McCuan, LLC 49% 100% MDG Lake Trafford Commercial LLC MDG Capital Corporation 2% managing member William L Klohn, LLC 49% Patrick McCuan, LLC 49% 100% Patrick McCuan LLC W Patrick McCuan 65% managing member McCuan Irrevocable Trust 35% 100% William L. Klohn LLC William Klohn 61% managing member William L. Klohn 1996 Irrevocable Trust 39% 100% MDG Capital Corporation MDG Companies of Naples Inc. 50% William L. Klohn 1996 Irrevocable Trust 50% 100% MDG Companies of Naples, Inc. W. Patrick and Jill McCuan 100% Details Agenda Ice PiV0 q July 22. 2008 Page 46 of 121 Property Record I Sketches a Current Ownership Folio No. 122430003286 1 Pro a Atldress NO SITE ADDRESS Legal ARROWHEAD RESERVE AT LAKE TRAFFORD PHASE ONE TRACT S LESS OR 3825 PG 2527 Sub No. 1 168430 ARROWHEAD RESERVE AT LAKE TRAFFORD PHASE ONE '�jy Millane Area "lq Millaae "D llae_S�t!@ 1 10 VACANT COMMERCIAL 67 128742 i 2007 Final Certified Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal this parcel was created sitar the Final Tax Roll II, Land Value S 942.527.00 Date Book -Page Amount SOH •'Save Our Homes' exempt value due to cap on increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp? Map °No &FolioID = 0000022430003286 1/2/2008 Agenda Item No. 17G July 22, 2008 Page 47 of 121 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address MDG Lake Trafford Commercial, LLC MDG Capital Corporation William L. Klohn, LLC Patric McCuan. LLC Percentage of Ownership 49% 49% 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 Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership Application For Public I lean, Fnr PUn Rezone 01 '1 S/07 9,(0017 2 06 -OH PM SC312007 9.00.25 AM17 9802607 9.23'26 AM www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches PreYious_on_List Next on twist Return_ To List No Events No Name History Detail by Entity Name Florida Limited Liabilitv Comnan MDG LAKE TRAFFORD COMMERCIAL, LLC Filing Information Document Number L02000023311 FEI Number 113651648 Date Filed 09/09/2002 State FL Status ACTIVE Principal Address 2180 IMMOKALEE ROAD 309 NAPLES FL 34110 Changed 04/04/2006 Mailing Address 2180 IMMOKALEE ROAD 309 NAPLES FL 34110 Changed 04/04/2006 Registered Agent Name & Address KLOHN, WILLIAM L 2180 IMMOKALEE ROAD 309 NAPLES FL 34110 Address Changed: 04/04/2006 Manager /Member Detail Name & Address Title MGRM MDG CAPITAL CORPORATION 2180 IMMOKALEE ROAD 309 NAPLES FL 34110 Annual Reports Page 1 of 2 Agenda lie No. 17G July 22, 2008 Paae 49 of 121 Fortes H http: / /www.sunbiz.org/ scripts /cordet.exe ?action =DETFIL &inq doc _number= L0200002331... 112/2008 C7 • • www.sunbiz.org - Department of State Report Year Filed Date 2005 04/18f2005 2006 04104/2006 2007 02/27/2007 Document Imaaes 0212712007.,- ANNUAL REPOT 04/04/2006 - ANNUAL REPORT ANNUAL. ......... 04118/2005 ..ANN UAL REPORT 0412912004 - ANNUAL REPORT I ----- -- ... k I - Inv Iffil^ 0 AI , fi.a-ZM N "Ar- mw#kl. 04/2212003 -,.ANNUAL.. R.EPQ..RT. VjeW j 09/09/2002 - Florida Limited LiabilitesV-Kb)��tr�� i -.-I . . ....... ...... . . ..... Limited ... .. . .... -1-1-....... 11 .." = � ON% Pa-ae 2 of 2 Agenda IteTh No. 17G July 22, 2008 Page 50 of 121 Note: This is not official record. See documents if question or conflict FreXiouLqn.11st NW-9. 1-16-4 R mtu 11 r To., -L. 1 s No Events No Name History Horne Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright (c) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action7-DETFIL&inq_doe-number--LO2000O2331... 1/2/2008 www.sunbiz.org - Department of State Home Contact Us E- Filing Services PrreviM.0n.. List Next_on,_L st RKents Nam - e_HirAory .,......... _..wr.,.� _ _.....,. Y .. . Detail by Entity Name Florida Profit Corporation MDG CAPITAL CORPORATION Filing Information Document Number P97000077123 FEI Number 593468700 Date Filed 09/0511997 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 11/14/2001 Event Effective Date NONE Principal Address 2180 IMMOKALEE RD. SUITE 309 NAPLES FL 34110 Changed 04/18/2005 Mailing Address 2180 IMMOKALEE RD. SUITE 309 NAPLES FL 34110 Changed 04/18/2005 Registered Agent Name & Address KLOHN, WILLIAM L 2180 IMMOKALEE ROAD 309 NAPLES FL 34110 US Address Changed: 04 /19!2005 Officer /Director Detail Name & Address Title PSD KLOHN, WILLIAM L age 1 of 2G Agenda to No. 17 July 22, 2008 Page 51 of 121 Document Searches Forms H RAW — T,.,.o..,List http: / /www.sunbiz.org /scripts /cordet.exe? action = DETFIL &inq_doe_number= P97000O77... 10/11/2007 • • • www.sunbiz.org - Department of State 2180 IMMOKALEE RD 309 NAPLES FL 34110 Title VD MCCUAN, PATRICK 2180 IMMOKALEE RD STE 309 NAPLES FL 34110 Annual Reports Report Year Filed Date 2005 04118/2005 2006 03/0912006 2007 02112/2007 Document Images 02(12/2007. - ANNUAL - REPORT 0-3/0912006=-ANNUAL REPORT 041182 A --1 --- 00 --- NNUAL RE-PORT 04/29!2004 — AMNUAL R-EP-0R.T 04122 /2 00 3 ­7 ANNUAL. REPORT 2 1 0429/ --- — _092 7ANNUAL REPORT 11/14/2001 7: Name Change 05/10/2001 - _ANNUAL REPORT 06/1912000 — ANNUAL REPORT 04/19/1999 — 7 ANNUAL REPORT 0511911 998-.= ANNUAL REPORT D9,105/1997 - _Domestic Profit Articles Note: This is not official record. See documents if question or conflict-.] Home Contact us Document Searches E-I'lling S..„. ervices Forms Help Copyright and Privacy Policies Copyright (�-) 2007 State of Florida, Department of State. Agenda It 22, 2008 Page 52 of 121 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doe number--P97000077... 10/11/2007 This Inshument Prepared By: Thomas K Boardman BOARDMAN & SPILLER, PA. 1400 North ISO Street, Suite 201 Immokalee, Florida 34142 Parcel I.D. No.: 00132680107; 00072520000 Agenda Item No. 17G 3046806 OR: 3111 PG: PAU� of 1211 t1CODID is offlel 1 RBCOUS of COltllt coom, 11 09/11/2002 at 10:3UX tillm 1. BROCK, CURE cols 1000000.00 RIC 111 13.00 DDC -30 7000.00 lets: BOADW E SPI RR 1100 1 1578 S7 1201 1001EL91 11 34111 IRIS SPACE FOR RHCORDANO DATA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED dated the 6h day of September, 2002, by JAMES E. WILLIAMS, JR., and DIANE WHAJAMS, his wife, whose mailing address is 1300 North Fifleenth Street, Immokalec, Florida, 34143, hereinaftcr called the Grantor, to MDG LAKE TRAFFORD COMMERCIAL, LLC, , a Florida Limited Liability Company, whose mailing address is c/o MDG Capital Corporation, 2180Irrunokalee Road, Suite 308, Naples, Florida 34110, hereinafter called the Grantee. WITNESSETH_ That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof is hereby aclmowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain real property situate in Collier County, Florida, more particularly described on Exhibit "A" attached hereto (the "Property"). NOTE: This conveyance is subject to any easements, restrictions, reservations, or other limitations of record, as well as to ad valorem property taxes for the current year. TOGETHER with all the tenements, hereditaments and appnulcnances thereto belonging or in anywise appertainnig_ .' ND TOGhTHER with the (;ranlor's right, title and interest in and to all improvements located on the Property includ rw all streets, roads, rights- of-way, easements, canals, waterways, beneficial to the Property: and all of the Grantor's interest in the air, surface, subsurface, mineral. water and riparian rights appurtenant and incidental to The Property, including, but not limited to, such permits, approvals, licenses, consents, ves7ed rights, exemptions, and all benefits appurtenant to or used in connection with the beneficial use and enjoyment of the Property. all of which is assigned to Granlec to the extent that the same pertains to tlic Property. TO HAVE .VND TO 11OLD, the same in Ice simple forever. 00/ e00 -4 Sr5Z% - - -- Agenda liem No. 17G y 22 2008 OR: 3111 PG: 2 � 5 of 121 GAdMWmmy%Sj —id W-- )AWiWr -NC) awntuuSrrtx tnrC�:CO"M.wo AND the Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the Property in fee simple- that Grantor has good and absolute right and lawful authority to sell and convey the Property to Grantee; that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming against the Property because of the acts or omissions of the Grantor but against no other. IN WITNESS WHEREOF the Grantor has caused this Deed to be executed as of the dale first above set forth. WITNESSES: Print) d.a,; Si STATE OF FLORIDA COUNTY OF COLLIER J E. WILL AMS, JR. DIANE WILLIAMS The foregoing instrument was ackrtowledgcd before me this (o*=Lday of September, 2002, by JAMES E. WTLLLOIS, M, and DIANE WILLIADIS, husband and wife. They are personalf� known to me or have produced Florida Driver's License Nos. as identification. t NOTARY PUBLIC -- - - - -- - - -- E;:� t7Rr M.PFUrrU¢ ( -i r Print Natne:_�'g1i � /I? .. , � /(C' r • r cortniti (xrkv &V 14. 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ZLL OZeQ00- O 2<viiCY6 _. :: pC UWNNYOF- pOL��F��O '�'a O W O 3 Nyyaa 2' p 7 _6° � z111OyyyLLOmo'e zd &C�� LLrN_ WQZ1Vµy�U�LLWpp 1�yyOTLLpmW�U' y'Z SW^ [�� -J Li oaa �- COW2pOwdi�V� OVW� Om Ws N9� ^i µ� w J F wN €wQwealrw�Vqg¢q�� z mui �zN rz� O 20 z maze LLin ^ooLLicmpz CARSON ROAD EXTENSION U .9,k,90* M iZrcmp U '�-' <Ooh�'w „ i[�Y f 3� iJ3�, YY0w U:Y 0wan' V N 3 0 z a o 0V ZW ig N w w N ^ •$ / LS,O J rTract N h 3 R -2' S.£O g L6 . j + y Q? �>•. I G Y!F ^p1 N a° m 0J w Ll L5 o mo Z. y9= WWI M5 Z Y La9rc Y of < O O V m m m a z Q Y 8b ° N Vm zzN 5FO 00 CL O z Gg � L4 ;nr% Ji0 N�C W NtooO p.0 `Q L� o•1gVO e e O o a F F 7 F r w v n W u W Co O Co V) ^ yWW N F 8 Oil U `° Z i N LU U 4 W N W O w B N _ x zr d F a C7 ^ 2�0 o r 1�� a 53B o Z-�—'-MW TRACT 'P-3* ••.••I•w�r a• wow W[�:[� - ao[[ ••o ••o iw•n :an we wriu \n•ni�rWe\w•wm \�[o[\:n IMMOKALEE CPA Community Redevelopment Agency i The Place to Cal l Home! Immokalee CRA Advisory Board February 20, 2008 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples FL 34112 RE: Arrowhead Reserve PUD off site sidewalks Dear Commissioners: i �fl c liern No. '17G JUIV 22 2008 Page 57 of 121 The Immokalee CRA Advisory Board meeting was held on February 20, 2008. An agenda item included a presentation made by Mark Tolson, developer representative of Arrowhead Reserve at Lake Trafford. Mr. Tolson indicated that the Collier County Transportation Department was recommending an 8 ft. wide pathway /sidewalk on the north side of Lake Trafford Road running from Carson Road to S.R. 29. Mr. Tolson shared photographs with the Committee which displayed hardships and in some cases impossibilities for the pathway /sidewalk to maintain a constant eight foot width along the entire route. Mr. Tolson indicated that a six foot width is readily achievable for the entire route from Carson Road to S.R. 29. Please be advised that the Immokalee CRA Advisory Board does not object to the reduced width of the pathway /sidewalk and encourages the Board of Commissioners to approve the six foot width request for the entire route from Carson Road to S.R. 29. Sincerely, Fred N. Thomas Jr. Chairman Immokalee Community Redevelopment Agency 310 Alachua Street Immokalee, Ft 34142 239.252.2310 or 239.252.2313 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0240, AS AMENDED, THE ARROWHEAD PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION 1, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TRANSPORTATION SUBSECTION; SECTION III, AMENDMENT PROVIDING FOR THE ADDITION OF A DEVIATIONS SECTION; SECTION IV, AMENDMENTS TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE MPUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; AND SECTION V, EFFECTIVE DATE. WHEREAS, on July 30, 2002, the Board of County Commissioners approved Ordinance Number 02-40, which established the Arrowhead Planned Unit Development (PUD) Zoning District and WHEREAS, on March 22, 2005, the Board of County Commissioners approved Ordinance Number 05 -13, the Amowbead Mixed Use Planned Unit Development (MPUD), which repealed Ordinance Number 02 40, the Arrowhead Planned Unit Development, only to the extent that the Ordinance was inconsistent with the additions and deletion set forth in its attached, amended Arrowhead Mixed Use PUD Document, with all other provisions of Ordinance Number 02 -40 remaining in full force and effect; and WHEREAS, MDG Lake Trafford Commercial, Inc., represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to further amend the Arrowhead MPUD (Ordinance Number 0240, as amended). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 0240, AS AMENDED, THE ARROWHEAD MPUD The Cover Page, previously attached to this Ordinance as Exhibit "A° to Ordinance Number 02-40, as amended, the Arrowhead MPUD, is hereby amended to mad as follows: ARROWHEAD A Mixed -Use Planned Unit Development PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM Project 2001106 Page I of 4 Words underlined are additions; words St�ek liff9ugh are deletions. Revised smag Agenda Item No. 17G July 22.. 2008 Page 58 of 121 Ao9n0a Ifem No. 17G Juty 22, 2008 Page 59 of 121 APRIL, 2002 REVISED JUNE 6, 2002 REVISED JULY 1, 2002 REVISED BY COLLIER COUNTY JULY 19, 2002 REVISED NOVEMBER 23, 2004 REVISED MAY. 2006 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" SECTION E: AMENDMENTS TO TRANSPORTATION SUBSECTION OF ORDINANCE NUMBER 02 -40, AS AMENDED, THE ARROWHEAD MPUD Subsection 6.5, entitled "TRANSPORTATION" of Ordinance Number 02-40, as amended, the Arrowhead MPUD, is hereby amended to read as follows: B. The developer shall provide, at the time of site development plan and/or preliminary subdivision plat review, rum lanes on Lake Trafford Road and Carson Road at each project entrance as required and subject to approval of Collier County Transportation Services Division. Improvements shall be completed within one year of approval of this Ordinance except that turn lanes for the commercial tract and the shared north Carson Road entrance shall be required as part of the commercial site development plan approval. ss +sss.ss K. The developer shall construct Carson Road extension south of Lake Trafford Road to Immokalee Drive and shall also construct Immokalee Drive within the westerly 450 Feet, which is currently unpaved. The roadways will be two - landed rural design, asphalt, paved and 24 -feet wide for Carson Road and 20 -feet wide for Immokalee Drive. The developer must obtain acceptance of these improvements from the Collier County Road Maintenance Department. L. The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: 1. Dedicated left rum lanes for eastbound and westbound Cake Trafford Road. 2. Dedicated left turn lane for southbound Carson Road. 3. Modify signalization for left turn movements only. These improvements shall be completed within one year of approval of this Ordinance. edges M. The developer shall remove and replace the existing asphalt sidewalk along the north side of Lake Trafford Road from Carson Road to S.R. 29 with a new asphalt Pathway (approximately 5,000 feet). The pathway shall be six (6) feet wide consisting of 6 inches Page 2 of 4 Words underlined are additions; words 5truck through are deletions. RcvkM 5r7J8 of lime rock and 1.5 inches of asphalt. mcanderino as needed to avoid an existing li ft station pole guv wirings and other items This pathway shall be completed within one Year of adoption of this Ordinance Pathway construction will be permitted as a replacement project via a County right -of- ay Permit through the County Transportation Division Thepathwav will be constructed by the developer at its expense The developer will provide a $30,000 contribution to Collier Area Transit (CAT) within one vear aft er approval of this Ordinance for a bus stop to be located in the Atrowbead tVIPUD commercial area N. b e i"tefseetion of S.R. 29 and bake TtaffeFd Read. The developer will remit to the County the net payment amount outlined below (which is in lieu of constructing the improvement described) and includes a credit for reimbursement still due from the County to t_he developer for construction by the developer. in 2005 of a left -turn lane on Lake Trafford Road for Lake Trafford Elementary School. Payment shall be made within 30 days of approval of this Ordinance. 1. in lieu of signal modification at SR 29/Lake Trafford Road $20,500 2 in lieu of right -turn lane on Immokalee Drive $55,000 3. in lieu of signal modification at SR 29/Immokalee Drive $20,500 Credit for left turn lane for Lake Trafford Elementary School (slivbtly rounded) _ $16800 Net payment from developer to County $79,200 0. The dn,elBjqeF shall eenssmet impFeNements Oct +ctomvvigf Af the ..l,ey b' 1. Be I reed -right turn 1 _e f�f eastbeond-1:° ekel e4D��. SECTION III: AMENDMENT PROVIDING FOR THE ADDITION OF A DEVIATIONS SECTION OF ORDINANCE NUMBER 02 -40, AS AMENDED, THE ARROWHEAD MPUD Ordinance Number 02-40, as amended, the Arrowhead MPUD, is hereby amended to add a new Section IX, entitled "DEVIATIONS" to read as follows: SECTION IX DEVIATIONS Page 3 of 4 Words underlined are additions; words straclrt}ireu „h are deletions. Revise 5rn08 Agenda Item No. 17G July 22, 2008 Page 60 of 121 I . A deviation to seek relief from the requirement of LDC Section 6.06.02.A. L that requites a six (6) foot sidewalk and bike lane on both sides of arterials and collectors to allow the sidewalk improvements pursuant to Subsection 8.5 M of this Ordinance SECTION IV: AMENDMENTS TO ORDINANCE NUMBER 02-40, AS AMENDED, THE ARROWHEAD MPUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE MPUD DOCUMENT All sections and subsections of Ordinance Number 0240, as amended, the Arrowhead MPUD, are hereby amended to remove any and 0 references to specific numeric and lettered citations to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the MPUD document. SECTION V: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of , 2008. ATTEST: DWIGHT E. BROCK, CLERK lin , Deputy Clerk Approved as to form and legal sufficiency: Marjorie M. Student - Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 13y: TOM HENNING, CHAIRMAN Page 4 of 4 Words underlined tee additions, words °.k tkF8g -''• r` are deletions. Revised 517109 Agenca liem No 17G July 22. 2008 Page 61 of 121 Agenda Item No. 17G July 22, 2008 Page 62 of 121 .. 1 Z s ORDINANCE NO. 05- 13 AN ORDINANCE AMENDING ORDINANCE NUMBER 200"1, '111 L• COLL7t_R COUNTY LAND DEVEI.OpA4HN "I' CODE, WIIICII INCLUDES THE +a 1 '��/ j /I COhll'R1311h:NSIVE ZONING REGULATIONS FOR :a +� •° HIE I1NINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TIII? APPI(OPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM I'UD '10 A MIXED USE PLANNED UNIT DISVVI.OPMENT KNOWN AS ARROWHEAD PUD, FOR PROPLR'I'Y LOCATED AT 771E CORNER 01: LAKE TRAFFORD ROAD AND THE PROPOSED CARSON ROAD EXTENSION, IN SECTION 31, TOWNSHIP 46 SOUTH. RANGE 29 FAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 307.4 ACRES; PROVIDING FOR A VAR'HAL Itl:PfiAL OF ORDINANCf_' NUMBER 02 -40, AS AMENDED, THE EXISTING ARROWHEAD MID ORDINANCE; AND 13Y PROVIDING FOR AN H FEC I I V I. DA'I E. WHEREAS, Robert L. Duane, A1CP, of Hole Monies, Inc., represening MDG Capital Corporation petitioned the Board of County Commissioners to change the zoning clamilication of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that, SECT70N ONE The "Zoning Classification of the herein described real property located in Section 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the additions and deletions to Ordinance Number 02 -40, as amended, die Arrowhead PUD as reflected in the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, the Collier Coumv Land Development Code, are hereby amended accordingly. SECTION TWO; Ordinance Number 02-40, known as the Arrowhead PUD, adopted on, by the Board of County Commissioners of Col!ier County, Florida, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set -forth in the Arrowhead PUD Document attached hereto as Exhibit "A ". All other previsions of Ordinance Number 02-40 shall remain in full force and effect. Words %Fr k4hfoug arc deleted; words underlined are added. 1 1 3/ �� Agenda Item No. 17G July 22 2008 Page 63 of 121 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2L day of h1"J — 2005. ATTEST: DWIGHT E. BRO.CK, CLERK Approved -as Idriilry•eiid Legal Sufficiency 1z [u Marjori(L lT d . Sent¢ Assistant County Attorney Pt IDZ- A- I0W -AR 4U&/KDbp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE CH 2MAN This ordinance fileJ with w i £re_lory of S:or_', r %t trs: 1:-c gdny of 21W.5_ . and -c -:a: t ✓.'t filin r--c h: r:: "Y SLf!_ I Y, of— Words stmek 6wou0k are deleted; words underlined are added. Agenda Item No, 17G July 22, 2008 Page 64 of 121 ARROWHEAD A MIXED -USE PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. -- 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 2001106 APRIL, 2002 REVISEDJuNE 6, 2002 REVISED JULY 1, 2002 RE% -ISED BY COLLIER COUNTY JULY 19, 2002 REvISED NOVEMBER 23, 2004 Date Reviewed by CCPC: Date Approved by BCC: 3 -7 Ordinance No- Amendments & Repeats r7my -44 Exhibit A PUD dDCumcnis\TUD dot rmstd J- 23- 05.aoc "—Cps. TABLE OF CONTENTS Agenda liem No. 17G July 22. 2008 Page 65 of 121 Page SEC T ION I STATEMENT OF COMPLIANCE ...................................... ..............................3 SECTION Il PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL ............................. ..............................5 SECTION Ill PROJECT DEVELOPMENT ................................................ ..............................7 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT. ..................................... .. ........................... 9 SECTION V OPEN SPACE AREA .......................................................... .............................12 SECTION VI PRESERVE AREA REQUIREMENTS .............................. .............................14 SECTION V11 COMMERCIAL AREA REQUIREMENTS ...... ........................................ ......1_5 SECTION VIII DEVELOPMENT COMMITMENTS... .... . .............. ............................... ........1E EXHIBITS EXHIBIT A - PUD MASTER PLAN EXHIBIT B - LEGAL DESCRIPTION .1 __ l.'[l R_znr,:. :'.n.�.�iitoc. MDL?.- _'.N� ;- aR -�•tiSF .PUD uocumencs�PUD duc rnied 3 - ?F, 05.dou I v4f E��S'OS ° ni '• Agenda Itern No, 17G July 22: 2008 Page 66 of 121 SECTION I STATEMENT OF COMPLIANCE The development of approximately 307.3 acres of property in Section 6, Township 47 South, Range 29 East, and Section 3I, Township 46 South, Range 29 East, Collier County, Florida, as a Planned Unit Development to be known as the Arrowhead PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential and commercial components of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The total site area comprises 307.3 acres of which 274 acres are located in the Low Residential District on the Immokalee Future Land Use Map in the hrtmokalee Area Master Plan. Within the Low Residential District fifteen acres are proposed for commercial use. Therefore, the Low Residential District that permits up to four dwelling units per acre, allows up to 1,245 dwelling units on 259 acres. 33.3 acres of the subject property are also located in the Neighborhood Center District on the Immokalee Future Land Use Map. Residential development within the Neighborhood Center District permits a maximum density of twelve units per gross acre within the Neighborhood Center District. The Neighborhood Center, therefore, can support a total Of 400 dwellins units as provided for in the Future Land Use Element of the Immokalee Area Master Plan. The total permitted dwelling units for the subject property, therefore, is 1,436 dwelling units based on 259 acres located in the Low Density Residential District and 33.3 acres located within the '.Neighborhood Center District as depicted on the Immokalee Future Land Use Map. The proposed 1,245 dwelling units, therefore, may be found consistent with the Immokalee Master Plan at a gross density of 4.3 dwelling units per acre. Fifteen percent of the total number of dweilins units. or 186 dwelline units, shall be reserved for occupancy to families whose combined income is no greater than 80% of Collier Coumv's median income 1 ' The fifteen (15) acres proposed for commercial use along with proposed C -2, C -3 and C- 4 Uses is consistent with pPlatuied Unit Development Commercial District of the Immokalee Area Master Plan. The other criteria in this District allow for such uses and up io 20 acres in commercial use for residential projects in excess of three hundred (300) acres. The proposed commercial uses and area allocated for commercial use, therefore, is consistent with the Immokalee Area Master Plan. 1.- The subject nroperrv's location in relation to the existing or proposed community facilities and senices supports the development's residential density as required in -)b jective 2 of the Future Land Use Element. D ��.."��= .o�•n_vi.I CtiZ .= .-= !NI_ -,R -• <s•PL'DdocumenigTUDuocrni, ed - 2S- ni.doo 9a1 3595ID5 Yi ,' -O5: �13LPM:P13nf nU Se`viCeS Agenda Item No. 17G July 22. 2008 Page 67 of 121 1.1 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 1.7 The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element- 1-3 The Immokalee Area Master Plan requires in Policy 11.1.2 that Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance. The Arrowhead PUD will comply with this requirement. 1.9 The lmmokalee Area Master Plan Policy 11.1.3 requires land use transitions between lower and higher intensities of use shall be achieved through use of natural vegetation open space buffers, ph}Isical barriers such as berms, hedges, or other landscape cover, setbacks and height limitations as described in the zoning and landscape sections of the LDC, Land Development Code. The Arrowhead PUD is consistent with this policy through the transition in uses depicted on the PUD Master Plan Exhibit "A ", along with the distribution of open space and buffer areas. 1.10 All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in n^', = 14 Sections 6.02 and 10.07.02 of the Land d De•lopmew re'C and further required by Policy 2.3 of the Future Land Use Element. .. - _.. .. aon.a <. ". ".:.vO. ?l AR docrevised>._S- OS.doc: 4 B/ di i:32PM:PLnnn9 SPry iCPS Agenda Item No. 17G July 22, 2008 Page 68 of 121 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 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 Arrowhead PUD. 2? LEGAL DESCRIPTION The subject property being approximately 307.3 acres is described in Exhibit B. 2.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of jaifles 9. 'Williams, ki an' 13iatte Williams; ia 1100 Nkes . 15'4 ;t, In raeleake, Fiends 93974 MDG Capital Corooration, 2180 Immokalee Road. Suite 308. Naples. Florida 34110. ?.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property lies in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road, lmmokalee, Florida. It is located in Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South, Range '_9 East. 2.5 PHYSICAL DESCRIPTION The existing site is utilized for cattle grazing and is punctuated with natural cypress and water features which will be presen-ed and conserved as part of the PUD development. 1_.6 PROJECT DESCRIPTION As an overview. Arrowhead is to be a t 307.3 acres, 1_245 units moderately priced, readily definable neighborhood. A variety of housing types, ranging from single family dwellings and multi - family housing, is planned. The overall project will include recreational facilities and commercial uses. This development will also incorporate natural features. SHORT TITLE _oont ::na:• -uemi. ^l D<;- .= fRL'-- .P. -nx; sPCD �iocumena,PUD hoe rev,seC :9ai 5593»5 ° 8i �� . _ -� 1..'L✓M:✓Iynfiil'J _iEry ACES Agenda Item No. 17G July 22.. 2008 Page 69 of 121 This ordnance shall be known and cited and the "The ,Arrowhead Mixed -Use Planned Unit Development Ordinance ". ?.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has land under unified control for the purpose of obtaining PUB, zoning on the subject property. c .. _ A 1 ,:mi. ?:. J: ?= .:011 41-- 1R- i,S,l'N.D�_'D documenuSFIUD doc rep iced 2$- US.doc, 3.1 32 _.3 >�. -..r. rannin9 Dery aces SECTION III PROTECT DEVELOPMENT PURPOSE 9n, 6595745 z ,O/ Jr Agenda Item No. 17G July 22, 2008 Page 70 of 121 The purpose of this Section is to delineate and generally describe the plan of development. the respective land uses of the tracts included in the project, as well as the project criteria for the Arrowhead Planned Unit Development. GENERAL A. Regulations for development of Arrowhead shall be in accordance with the contents of this document. Section 2.2.20 2.03.06 PUD- Planned Unit Development District and other applicable sections of the Collier County hand Develepnie:Ga LDC and the Growth Management Plan, and all other applicable land development regulations in effect at the time building permits are requested. B. Unless otherwise noted. the definitions of all terns shall be the same as the definitions set forth in the Collier County LDC in effect at the time building permits are requested. C. All conditions imposed and all graphic material presented depicting development for Arrowhead PUD shall become part of this regulation which governs the manner in which the PUD site may be utilized. PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and land use of the various tracts, is illustrated graphically in Exhibit "A". There shall be three multi - family land use tracts, a single family area and a commercial area plus necessary water management lakes, street right -of -way, open space and recreational areas. TABLE I USE Residential Single Family 436* Dwellina Units Multifamily 809 Dwelling Units Community Park Commercial Lakes Right of Way Weiland Preserve Upland Presen-e Upland Buffer Open Space Total ACRES I40.5 76.7 63.8 1.2 15.0 29.9 33.6 47.8 12.7 14.5 I3.1 -3073 . .. . ' :) "z.'.:,n ct : -,rrnn nc ❑d. "'D7 nq:- qR- r.:8SRINGD documcnWPUD uoc r:,. m;c %'S -US.da ��, _� -.m;vi ann�ne �crvices _ o I uIBS.:ID q C ,,/ DI Agenda Item No- 17G July 22, 2008 Page 71 of 121 *The number of single family units may be increased with a corresponding reduction in the number of multi- family units and area provided for this dwelling unit type. 3.4 MAXIMUM PROJECT DENSITY A maximum of 1,245 residential dwelling units; single - family, and multi - family shall be constructed or placed in the total project area. The gross project area for residential use is 292.3 acres. The gross project density, therefore, will be a maximum of 4.03 dwelling units per gross residential acre. The commercial area comprises a maximum of fifteen (15) acres, which results in a total project area of 307.3 acres. 3.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the development of any tract, this project is required to obtain preliminary plat approval pursuant to the requirements of Division 3.2 Section 4.03, Subdivisions Desien and Layout of the LDC, and then., detailed construction plans and plats shall be approved for the overall project infrastructure to serve each tract. Once the plat and plans for the overall project infrastructure are approved, a site development plan, pursuant to Divisiae Subsection 10.02.03. Submittal Requirements for Site Development Plans of the LDC. shall be submitted for any development of a platted tract which will not be further subdivided- if a platted tract is to be further subdivided, then that tract will be required to _o through the construction plans and platting process. pursuant to Divisian 9.2 Subsection 10.02.04.A.4 Submittal Requirements for Plats of the LDC. A. The developer of any tract or parcel or separately defined portion, thereof, shall be required to submit and receive approval of a site development plan in conformance with the requirements established within ; fi �-3 Subsection 10.02 03. Submittal Requirements for Site Development Plans, of the LDC, prior to the submittal of a final site plan for any portion of the multi - family or commercial tracts. B. Dedication and Maintenance of Common Facilities. All common facilities including open space. recreational, conservation/preservation and/or archeological areas will be dedicated to one or more homeowners associations or master association for the purpose of ownership, maintenance and/or disposition to public agencies. _... I'iir. nee> •.�i i ca.:, doc rn,scd=- 23-05.aoc Agenda Item No. 17G July 22, 2008 Page 72 of 121 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 4.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated residential on the PUD Master Plan Exhibit "A ". 4 -2 MAXIMUM DWELLING UNITS The number of single family dwelling units allowed within the PUD shall be as follows: Four hundred and thirty six (436) single family dwelling units and eight hundred and nine (809) multi - family dwelling units, however, the number of single family units may be increased with a corresponding reduction in the number of multi- family units and land area allocated for multi - family land use. Not less than fifteen percent of the total number of dwelline units or 186 dwelling units shall be reserved for occupancy to families whose combined income is no greater than 80% of Collier County's median income. 4 -3 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following. A. Principal Uses: 1. Single family detached dwellings 2. Zero -lot line dwellings 3. Two- family and duplex dwellings 4. Single family attached and townhouse dwellings S. Multi - family dwellings, including garden apartments 6. Any other housing type which is comparable in nature with the foregoing list of principal uses. as determined by the Board of Zoning Appeals ('BZA). B. Accessory Uses and Structures Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities.. maintenance facilities, signs and water management facilities and similar [rinds of uses .'L- DZ- :4-= 0[u- �R- �"atiF',.PUD docmmerts\PL2D tim re,. teed 3- 29- 0:.doe Agenda Item No. 17G July 22 20018 Page 73 of 121 44 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE FAMILY DETACHED ZERO LOT LINE TWO FAMILY SINGLE FAMILY ATTACHED MULTI - FAMILY DWELLING AND STANDARDS & DUPLEX AND TOWNHOUSE Minimum Lot Areas 13090 S.F. 1000 f 3,500 I S.F. 3,500 S.F.(') -3,000 S.F. per du. I AC Minimum Lot Width` 140 30 45 30 N/A Front Yard 28 15(4) -45 154 -K 154 28 154 20 Side Yard' ' 16.0 "m or 12` ' 0 or 6 0 or 12t 0 or .5 BH Rear Yard Principal 25 *6 12 (6)1,1) 23 12(6)(4) 23 12(6x4) 24 12(6x4) 25 2$(6) Rear Yard Accessory 10 *7 t0 10 10 10 Maximum Building Het < < >ht 35 35 35 35 35 Distance Between Structures N!A N/A N/A 10 .5 BH Floor Area Min. (SF) 1000 1000 1000 1000 450 *seen¢. =5 utamnccs are in feet unless omerwise noted. Bli = Building Height Notes I. Each half of a duplex unit requires a lot area allocation of thirty -five hundred (3.500) square feet for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul -de -sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall ha%e a tt;.Ielve (12) toot sideyard_ 4. All &Lellinz units if then have garages shall be set back from the sidewalk to the garage door at least )3 feet Should the eara e be side loaded there shall be at least 23 feet of paved area on a oeroendicular plane to the Laraze door or plans shall ensure that Darked vehicles will not interfere with pedestrian traffi- i C'• .... .. _. �•'• J fo,rcn;- - -, ... itr -ii. 't.'U,'_a-= ��aJ- .�I'..esSBiDI'D �ocurnrn���i'UD doc rc�•ised 1 -� Agenda Item No, 17G July 22, 2008 Page 74 of 121 5. The minimum unit size for an efficiency unit is 450 square feet, 600 square feet for one bedroom units, and 750 square feet for two bedroom units. 6. Rear yard requirements abutting preserve area twenty -five (25) feet - 7. Rear yard requirements for accessory structures abutting preserve area ten (10) feet. A. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty -five (25) feet above grade. B. Development of individual tracts has not been finalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. I . Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting at a minimum the standards of Div isien —'_.4 Section 4.06, Landscaping, Buffering. and Vegetation Retention of the LDC. 3. Separation of housing types by common amenities. 1 PL'D jocumcncs \PUD tioc rcvrsce 1- 'S- tlj.dcc 'a' _ - Agenda Item No, 17G July 22, 2008 Page 75 of 121 SECTION V OPEN SPACE AREA m;.I PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas as designated on Exhibit "A ", the PUD Master Plan, for open space. The primary function and purpose of these areas will be to provide aesthetically pleasing open areas and recreational facilities_ These areas comprise 12.1 acres and are in addition to preserve areas depicted on the PUD Master Plan. S.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Open Space 2, Nature trails /paths or other similar facilities constructed for purposes or access to or passage throughout the PUD. 3. Shuffleboard courts, tennis courts, swimming pouts, open play areas, and other types of uses and facilities intended for outdoor use and/or recreation (i.e., recreational building). 5.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures or areas, location of access streets, pedestrian ways and/or parking areas and location and treatment of buffer areas. B. Buildings should be setback a minimum of fifty (50) feet abutting residential tracts and a landscaped and maintained natural buffer shall be provided- C. Playground /recrenonal equipment shall be setback twenty (20) feet from any perimeter or lot line, D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. 'Maximum Height: _::: I" D R::OIIC' crow nad. Pi DZ -- - _UII:- �R -i�rSh PUD documcros%PUD doc raised 3- 2E- 05.00' ,,,. ,.��.- •....- innninp oe�vicee 1. Principal Structures — Twenty -five (25) feet. :911 e595705 > Is, a, Agenda Item No. 17G July 22. 2008 Page 76 of 121 2. Accessory Structures — Twenty (20) feet 5.4 MINIMUM OFF - STREET PARKING AND LOADING REQUIREMENTS As required by P3 -logs _'.? Section 4.05, Off - Street Parking and Loading of the LDC. 1= ' - - � _ aR- hdSK•PCp documeaistPL'D duc r:vlsed 3-2,Q-05 Lim - : -05: �:32F'M;P�annin9 `;e r. ices SECTION VI PRESERVE .: REA REQUIREMENTS 6.1 PURPOSE yGl '595"05 4 1" 31 Agenda Item No. 17G July 22. 2008 Page 77 of 121 The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 6.2 PERMITTED USES The PUD Master Plan provides for a total of seventy five (75) acres of Preserve Area or 24.4% of the total project area distributed as follows: 47.8 acres are contained in a wetland preserve area, 12.7 acres in upland preserve area, and 14.5 acres in upland buffer areas. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. /2. Biking, hiking, nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Presern'e Areas, after that appropriate environmental review. B. Any other use which is deemed comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (ZBA). _::; I'!'D It aionc: -�rtr `;�_... ^i DZ- .�- _fuu— U:- i181:� PL'll Jocnmenrs \PUD doo recisrd 3- 2S- f15.doU SECTION VII COMMERCIAL AREA REQUIREMENTS 7.1 PURPOSE Agenda Item No. 17G July 22, 2008 Page 78 of 121 The purpose of this Section is to identify specific development standards for the area designated commercial on Exhibit "A" the PUD Master Plan. This commercial component is intended to serve as a commercial general shopping center permitting a range of shopping and personal services to the surrounding area. 7.2 MAXIMUM DEVELOPMENT INTENSITY The maximum allowable commercial square footage is 130,680 square feet of gross leasable area on fifteen acres of which 1.4 acres is includediri buffer area. The maximum site coverage by principal structures, accessory structures or outside sales areas shall not exceed twenty (20) percent of the area designated for commercial use on the PUD Master Plan Exhibit "A ". The applicable Collier County Zoning Districts used as the basis of this commercial component are the permitted uses in the C -2, C -3, and C4 Districts of the LDC with development standards generally provided for from the C -3 District. 73 USES PERMITTED No building, structure, or part, thereof, or outside sales area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: All permined uses in the C -2, C -3, and C4 Zoning Districts of the LDC in effect as of the date of adoption of this ordinance. 13. Accessory Uses: Uses and structures that are accessory and incidental to uses permitted as of right in the C -2. C -3 and C -4 Districts of the LDC in effect as of the date of adoption of this ordinance. 7.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) feet. . • ,- > -'.::n i'i: D Rczunr.:�ir;r,, iuuu. PUDZ- :- 200 -4- AR- 6889V'UD documtnuTUD dot revised 3- 28- 05.docr . - a- ? -O5; r:32PM:Pr ann inp se �' +rtes C. Minimum Yard Requirements: Agenda Item No. 17G July 22. 2008 Page 79 of 121 Front yard - Twenty five (25) feet or one -half of the building height as measured from grade, whichever is greater. 2. Side yard – One -half of the building height as measured from grade, with a minimum of fifteen (15) feet. 3. Rear yard – Fifteen (15) feet or one -half of the height of the building as measured from grade, whichever is the greater. D. Distance Between Structures: Same as for side yard setback. E. Maximum Height: Fifty (50) feet. F. Minimum Floor Area of Structures: One - thousand (1,000) square feet per building on the ground floor. G. Maximum Density: Hotels, motels and time share facilities are limited to a maximum density of sixteen (16) units per acre. The maximum floor area for these uses is five- hundred (500) square feet. 7.5 OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Dis isien -2.3 Section 4,05 Off - Street Parking and Loading of the LDC. 7.6 MINIMUM LANDSCAPING REQUIREMENTS: As required b y D rv- ision �' ^ Section 4.06. Landscaping, attd Buffering and Vegetation Retention. of the LDC in effect at the time building permits are requested. 7.7 MINIMUM LANDSCAPE BUFFER AREA: As required by Collier County regulations in effect at the time building permits are requested. At a minimum, a landscaped buffer shall be provided adjacent to all residential areas bordering the commercial portion of the PUD (except for access points) in accordance with Divisien 2 4 Section 4.06, Landscaping, Buffering„ and Vegetation Retention, of the r a– e' � ea —, Cede LDC. 7.8 SIGNS: As required by Section 2S 5.06, Signs of the LDC in effect at the time sign permits are requested. id - -- =u: ih <n c:n :PCD Rcioncs.Arto�chcad. PL'DZ- ?,- ?OD4•ARoSRS \PUD documrnss'PUD dot rn'iscd 3- ?3- OS.doc 7.9 MERCHANDISE STORAGE AND DISPLAY ;9a, 6595105 s 201 i' Agenda Item No. 17G July 22, 2008 Page 80 of 121 Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. However, the commercial portion of this PUD shall be eligible for temporary use permits for temporary sales, sports events, religious events, and community events in accordance with Section ,� 5.04.05, Temporary Use Permits and Section 10.02.06 G. razardinz procedures of the LDC. 7.10 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division -2.8 Section 5.05.08 Architectural EER4 94e-� Standards daft for Commercial Buildings and Projects of the LDC. 7.11 Pedestrian Connections Pedestrian and vehicular connections shall be provided between the commercial and residential components of the project. 7.12 Project Phasing No construction in the commercial area shalt be allowed until twenty (20) percent. of the permitted dwelling units have been issued building pcmrits. "I Fi A,ur nee, ino/n:_J.PL:DL.�2nDa_�R- G8R8Li'UD docurnrncsLPlJD doc tcviscd 3- 28 -0S.doc/ .. a- 9 -05: �: C:2CMIPi nnni nq 52!'��Cas SECTION VIII DEVELOPMENT COMMITMENTS 8.1 PURPOSE 90 •. ti`,95�05 I Agenda Item No. 17G July 22. 2008 Page 81 of 121 I The purpose of this Section is to set forth the development commitments for the development of this project. 8.2 GENERAL All facilities shall be constructed in accordance with the standards and specifications adopted as part of this PUD and applicable portions of the LDC in effect at the time building permits are requested. The developer, his successor and assigns shall be responsible for the commitments outlined in the dDocument. The developer. his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor, or assignee in title. is subject to the commitments within this agreement. �.= PUD MASTER PLAN A. The PUD Master Plan provides for areas of commercial and residential use, water management areas. and retained vegetation areas and road nehts -of -way as depicted on Exhibit "A ". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local. state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this dDocument. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project, All easements and assurances will be submitted to the County Attorney at deg elopment plan review state for revie.v and approval to assure implementation of the development commitments. C. This project shall be developed in compliance with all of the applicable requirements of the Divisien ,2 Section =4.037 Subdi. isions, of the LDC. The Ar,,owhead PUD shall be subject to Section =. ` 10.02.13 D. of the LDC, Time Limit.., for Approved PUD Master Plans and Section ? =3% 10.0113 F, Monitoring Requirements- 0 Z [F zone, �,mw -c z:w. N DI', 1; -. gN P! i7 doc=1entssP[D ;.;d 2A- i)icioe VJAgenda Item No. 17G July 22, 2008 Page 82 of 121 E. Amendments to this Ordinance and PUD Master Plan shall be trade pursuant to Section z7-9:5 10.0113 E. Changes and Amendments of the Collier County LDC, in effect at the time the amendment is requested. 8.4 SCHEDULE OF DEVELOPMENT A. It is anticipated based on market conditions that the Arrowhead PUD will build out in six years or by 2008. 8.5 TRANSPORTATION A. All public street design and construction shall meet applicable Collier County transportation standards that are in effect at the time building permits are requested. B. The developer shall provide, at the time of site development plan and/or preliminary subdivision plat review, turn lanes on Lake Trafford Road and Carson Road at each ;. project entrance as required and subject to approval of Collier County Transportation Services Division. C. The developer shall provide arterial level street lighting at each project entrance on Lake Trafford Road and collector level street lighting at each project entrance on Carson Road at the time of issuance of the first certificate of occupancy for any structure. D. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access, residential or commercial, when deemed wan-anted by the County. E. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devises as required by Chapter 316.0747, Florida Statutes. F. Sidewalks on both sides of the main access road shall be five feet. All other streets shall have one five foot wide sidewalk. & Cul -de -sacs or dead -end streets may exceed the 1,000 foot limitation set forth in Section 3-2-9-4.16.6 6.06.01 J of the LDC. H. A reduction in the street right -of -way width from 60 feet to 50 feet for a local road as required in Section ??.° -- < ice= 6.06.0 of the LDC is approved as part of this Ordinance. Roads will be public and dedicated to Collier County at the time of platting. ;e PCD7-A- 2004- A.R-68881PUD documcn ¢\PUDdocr- vised3- 2&-05.doc1 ,9- � -O$� t:32PM: PI C�����n9 iPCVICES ,G, FSe -1705 C 2�1 '1 kqejrda item No. 17G July 22. 2008 Page 83 of 121 1. Adjacent to the PUD boundary, along the eastern property line, the developer shall provide up to 100 feet of clear road right -of -way to meet the needs for the Carson Road Extension when required by the Collier County Transportation Services Division. Additionally, adjacent to the PUD boundary, along the northern property line, the developer will reserve right -of -way. for Lake Trafford Road up to 50 feet wide as determined by the County Transportation Services Division for infrastructure improvements. K. The developer shall construct Carson Road extension south of Lake Trafford Road to Immokalee Drive and shall also construct Immokalee Drive within the westerly 450 feet, which is currently unpaved. The roadways will be two -laned rural design, asphalt, paved and 24 -feet wide for Carson Road and 20 -feet wide for Immokalee Drive. L. The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: Dedicated left turn lanes for eastbound and westbound Lake Trafford Road. 2. Dedicated left turn lane for southbound Carson Road. 3. Modify signalization for left turn movements only if and at such time warranted by future traffic conditions. .M. The developer shall construct improvements to Lake Trafford Road from Carson Road to S.R. 29 to improve safety conditions. Such improvements will consist of repairs to pavement edges and construction of newly stabilized andyavAshou_lders up to five feet wide or as conditions allow. N. The developer shall pav for modifications to signalization to optimize capacity at the intersection of S.R. 29 and Lake Trafford Road. U. The developer shall construct improvements to the intersection of S.R. 29 and Immokalec Drive to consist of the follo�cine: Dedicated right rum lane for eastbound Immokalee Drive. 2. New signalizabon to provide protected left turn movements on S.R. 29, P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be constructed as part of the first phase of development. Improvements described in Paragraphs SS M, 8.5 N. and S.5 O shall be constructed as pan of whichever phase results in exceeding 50 percent of project development based upon the number of residential dwelling units, . _O AITOU11CAd, PC I_, L) dOC=IClp, 1' L' Rio, %,• i,ai %1L4 O =.dog .9a, fS95'o5 u jai >> Agenda Item No. 17G July 22, 2008 Page 84 of 121 Q. All conditions and improvements described in Paragraphs.8.5 J through 8.5 O inclusive may be considered eligible for road impact fee credits. Credits will be considered only if or when the Road Impact Fee Ordinance 2000 -13 is amended to allow for impact fee B� credits for roads that are not contained in the Capital Improvement Element of the Collier County Growth Management Plan. Impact fee credits shall also be subject to a separate Developer's Contribution Agreement to be approved by Collier County Board of County Commissioners. R. Property value determinations for the purpose of impact fee credits shall be made at the time of property transfer based upon fair market value as determined by qualified appraisers. Furthermore, fair market value shall be based upon the highest and best land use (Agricultural Zoning) as existed prior to approval of Petition R -90 -6 by the Board of County Commissioners on May 28, 1991. S. Road Impact Fees shall be as set forth in Ordinance 2000 -13, and any amendment thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. O U T / T. Access improvements described in Paragraphs 8.5B and 8.5K shall be in place before any certificates of occupancy are issued. U. in consideration of the implementation of the Adequate Public Facilities Ordinance in 1 n Chanters 6 and I0 of the LDC and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area may be subject to future land use control consistent with the above regulations. 8.6 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to P- rajestEneineerine Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Divisiefl:3-5 Section 22 of 6DO the Code of Laws and Ordinances and SFV.Rv1D Rules. Lake setbacks shall also be in conformance with D ubsection 6.01.02 C. of the LDC. D. Work within Collier County tight -of -way shall meet the requirements of Collier County - Right -Of -Way Ordinance 93 -64. 2i .. , _ c:•.i P�. G R Znn- 1AM0,,head. PUDZ -A 2 004- AR- 6888TUD doc„mems\PtlD doc revised 3- 28- 05.docl 9a+ E595�05 u 2S/ 31 q- 7 -0 :32GM:'r'2nni ng Ser iCZS .Agenda Item No. 17G July 22, 2008 Page 85 of 121 E. Access improvements into each tract as shown on the Master Plan is informational oni-. Location and number of access improvements is subject to Subdivision Master Plan or SDP approval. F. This project is recommended for approval for rezone purposes only.. A Subdivision Master Plan shall be submitted which complies with all the design standards of the subdivision regulations unless specific exceptions are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does nor constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County L-DE Di;'kian ^ °— Section 10.02.04. Submittal Requirements for Plats -, of the LDC. G. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right -of -way, tracts, and easements as shown on the Master Plan. H. All roads, public or private, shall be in full compliance with the County Subdivision Regulations design and construction requirements. All cul -de -sacs shall be in full compliance with the County Subdivision Regulations. including design and construction requirements. 8.7 UTILITIES A, Verification from the Immokalee Water Sewer District stating they have reviewed and approved the water and sewer facilities engineering construction documents to serve this project is required and must accompany the detailed construction plans submission. B. Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service this project is required and must accompany the detailed construction plans submission. C. This project shall be designed and constructietted in full compliance with Ordinance 2001 -57 as amended. D. This project shall be designed for central water and sewer systcros. 13.8 WATER MANAGEMENT , The stormwater management system shall be designed in accordance with South Florida Water Management District, and Collier County rules and regulations. Q. � copy of SFWMD Permit or Early_ Work Permit is required prior to construction plan approval. . -.. _..... _ _a: M- L' KMnr i- Arrett it caa. Pl'LZ 111_- ,R -r. <AK pl'D cocuntcnts Pl: p,ic� rrnscJ J- '_ti -Ih. doc ,aai 6595705 o 26/ 3' ..... •. ��. i.•... -nun. n9 .yEry i[es Agenda Item No. 17G July 22, 2008 Page 86 of 121 C. Prior to preliminary subdivision plat approval; the developer shall provide a copy of the South Florida Water Management District Conceptual Permit. D. The developer shall provide a 20 foot maintenance easement around the perimeter of all lakes and a 20 foot access easement from a public road to each maintenance easement. E. Pursuant to applicable South Florida Water Management District rules, a naturally vegetated buffer or structural buffer shall be provided around all wetlands to be preserved in lieu of the buffer requirements of Section &2.8.4.7.3 84...3 4.06.02 of the LDC. No construction will be allowed within this buffer. F. All historical off -site flows shall be routed through the project master system in accordance with provisions as required by South Florida Water Management District, Collier County, and as directed by the Collier County Stormwater Management Section. G. The future Carson Road drainage shall be routed through this project as shown on the Conceptual Drainage Plan, provided in this application and in accordance with the SFWMD Permit, Collier County, and as directed by Collier County Stormwater Management Section. 8.9 ENVIRONMENTAL A. Native vegetation preservation shall conform to the requirements of Subs,,...:,.., 3.9.54.4 Section 3.05 of the Collier County LDC. B. If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped. Development will be suspended for a sufficient length of time to enable the Collier County historic and Archeological Preservation Board, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Current Planning Environmental Review Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. C. This PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Collier County Land Development Code in effect at the time of final development order approval. D. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 6.01.02C Protected/Preserve Area and Easements Subseetie ' —i—� of the LDC except wetlands referenced in Paragraph 23 • 'ai - -'•i ;io;::cm PI DRezonem�.yrromLrad. !'�D 7 -A- 2004 -AR -6R XTUD documentsTUD docre ised3- 28- 05.doc! _ _Q5, �:32PM:Pi eating Serv�COs :94f 6595705 a 27/ 31 Agenda Item No. 17G July = 2008 Page 87 of 121 8.8 E. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or tike entity, for ownership and maintenance responsibilit and to Collier County with no responsibility for maintenance. E. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward From the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. F. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - mentioned plan. G. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. 8.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure, but not before the principal structure. 8.11 SIGNS As required by the requirafnents provisions of Di,,-isieas 2.5 Subsection 5.06.. Signs, of the LDC in effect at the time sign permits are requested. 8.12 LANDSCAPING FOR OFF - STREET PARKING AREAS As required by the requk*trteats provisions of Division 2.4 Section 4.06. Landscaping. aeid Buffering, and Ve£e[ation Attention of the LDC in effect at the time building permits are requested. However considering controlled --row-th for small lots reouiring tree species shall consist of anv one of the following: Mahogany (Sweitenia mahagoni) Red Maple (Ater rubruml South Florida Slash Pine (Pinus ellioni. var. `Densa') Cabbage Palm (Saba! palmetto! ..rre a: t- P'' D htud. PL:DZZ A- ?DU +AR -nzSS PUD OOCtI mma'N D dae:':;1�d ;- 23- 05.doc l� 9a, 6595705 F 28/ 31 .11111l(.il? sell C95 Agenda Item No. 17G July 22. 2008 Page 88 of 121 "'lorida Royal Palm (Rovstonea elates) Foxtail Palm (Wodvetia bifurcata) Dahoon Holly (Ilex cassine) lhaenolia (Maenolia erandiflora) Satin Leaf iChrvsophvllum oliviforme) P.'. "OLLING PLACES P <• +;: ;daces shall be permitted and provided for as deemed appropriate by the Supervisor of Ei. in accordance with Section 3.^_..14 2.01.04 of the LDC within the commercial or ;al portion of the overall PUD as deemed appropriate by the developer. 8.14 SPECIAL CONDITIONS An arcl iaeoiogical site consisting of approximately 0.26 acres is to be preserved in perpetuity and becom% part of the open space of the Arrowhead PUD. The structure contained on this site cannot ' :r altered in any way until approval is obtained from the Collier County Historic and Archec:ugical Preservation Board. 8.15. ADDITIONAL REQUIREMENTS: A. The road running through the single family and multi-family components of this PUD, connecting Lake Trafford Road with Carson Drive shall be a public roadway. B. This project shall comply with Section 2.6.32 4.02.01 regarding oven space requirements, of the LDC. C. The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation' pursuant to Seetii - -3 Section 22 of the of C_ Code of Laws and Ordinances* whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 2. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. 3. All other provisions of Section -3 GPI ^C- 22 of the Code of Laws and Ordinances are applicable. �J Rtzooes Ar ON, head. PUDZ -A- 2004- AR- 68881PUDdocu nts\PUD docrcvised3- 2"5.doc/ -i enni nfl sera ices �- Agenda Item No. 17G ,July 22, 2008 Page 89 of 121 D. Fire hydrants shall be, appropriately located to meet the requirements and approval of the local fire district. Cul -de -sac dimensions shall comply with NFPA 1,2000 Edition Section 3 -5.2. E. Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the .Adequate Public Facilities Ordinance contained in ;mss -3.15 Sections 6.02.01 and 10.02-27 of the LDC. 8.16 AFFORDABLE HOUSING: The 1.245 density units within Arrowhead Reserve PUD were obtained without the Affordable Housing Density Bonus Credits The developer has voluntarily agreed to certain requirements within the affordable housing guidelines to be qualified for the fast track zoning and permitting provisions as set forth in Resolution Number 2005 -21 The developer shall reserve a minimum of fifteen percent of the total number of dwelling units or no less than 186 dwelling units (which are proposed to be located in Tract 2) for occupancy to families whose combined income is no greater than 80% of Collier Countv's median income in compliance with the following: 6- Income. For the purposes of this PUD Document. the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Arm established periodically by HUD and published in the Federal Register as adiusted for family size. The figures may be adiusted from time to time in accordance with any adjustments that are authorized by HUD. or any successor agency B Each affordable housing unit in Phase 1 of Tract 2 shall be restricted to remain and be maintained as an affordable housing rental unit for at least fifteen (15) years from the date of issuance of a certificate of occupancv for such unit C. In the event the project is monitored by or completes yearly compliance reports for anv other state or federal agency ensuring affordability of units the developer shall simultaneously forward conies of such monitoring and compliance certifications for the required affordable units to the Housing and Urban Improvement Director. D. In the event that during the course of the project the developer or its sub - developers do not meet the requirements of this Section the County may discontinue the fast track zoning and permitting process for the developer or its sub- developers ?v �i. Curtenr Dllciemr.PUD Rezones WA io,head. PUDZ -ri- 2003- AR -68RR \PUD docum- MS\PUD dn- revised 3-2S- 05.docr °p o a= a d�ry� q a0Fw -F;�- 3z41gmm fit S s li +.w 1818flYillY 5ai 8595105 a soi a �2)8 July Page IZ a MCC W m 4 d all a a v 3 0 z Agenda Item No. 17G July 22. 2008 Page 91 of 121 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 2005 -13 Which was adopted by the Board of County Commissioners on the 22nd day of March 2005, during Regular Session. WITNESS my hand and the official seal of the Board of i County Commissioners of Collier County, Florida, this 28th day of March, 2005. DWIGHT E.oBROCK •.••• Clerk of.Courts' . 6 ..... .� ^.. . Ex- officio tp a of .,7 v, y1 County Co By: Linda Deputy Clerk ......... •• ORDINANCE NO. 02- 40 Agenda Item No. 17G July 22, 2008 Page 92 of 121 JN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 LE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH CLUDES THE COMPREHENSIVE Z F CO REGULATIONS R THE UNINCORPORATED AREA OF COLLIER COlfh'I'Y, ORIDA BY .AMENDING THE OFFICIAL ZONING ATLAS MAPS UMBERED 6931N, AND 7906N BY CHANGING THE ZOONING =: . ASSIFICATION OF THE HEREIN DESCRIBED REAIf-ROPERTY FROM "PUD" PLANNED UNrr DEVELOPMENT TO:-' "PUD" PLANNED UNIT DEVELOPMENT KNOWN ASS ARROWHEAD PUD LOCATED IN THE SOIITAWES'R - QUADRANT OF THE INTERSECTION OF LAKE TRAFFORIJ' . ROAD (CA. 890) AND CARSON ROAD, IN SECTION 31;:: TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTION 64 - TOWNSHIP 47, RANGE 29 EAST, COLLIER COUNTY, FLORIDAZ -'- CONSISTING OF 307.3± ACRES; PROVIDING FOR THE REPEALa'° OF ORDINANCE NUMBER 9144; AND BY PROVIDING AN F.FFECTI V E DATE. WHEREAS, Robert L. Duane, of Hole Monies, Inc., representing James and Diane Williams, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification, of the herein described real property located in Section 31, Township 46 South, Range 29 East and Section 6, Township 47 South, Range 29 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to "PUD" Planned Unit Development in accordance with the Arrowhead PUD Document, attached hereto as Exhibit 'A" and incorporated by refercrtce herein. The Official Zmung Atlas Maps numbered 6931N and 7906N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-44, known as The Arrowhead PUD, adopted on May 28, 1991 by the Board of County Commissioners of Collicr County, is bereby repealed in its entirety. SECTION THREE, This Ordinance shall become effective upon filing with the Dcparlmmt of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Sow. day of J ta.l _y . 2002. BOARD OF COUNTY COMMISSIONERS „o....,,, COLLIER COUNTY, FLORIDA BY: 42�� JAM .COLETTA,CHA AN AStktt, DS tii Y�ili9La'S Approved as to Form and Legal Sufficiency /- Magnnc Sttdenf Assistant County Attorney PUDZ- 2002 -A R -2"I; RW, cLmca hem No. 173 July 22. 2008 Page 93 of 121 This onflnonee filed with the secrgTary of State's Office the day of agA*—, 2AAa- and ockrowledgement of that filing received this L—I*4day of By Agenda Item No. 17G July 22, 2008 Page 94 of 121 ARROWHEAD PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 2001106 APRIL, 2002 REvISEDJUNE 6, 2002 REVISED BY COLLIER COUNTY JULY 19, 2002 EXHIBIT "A" Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals FAPUD Documems\ARROWHEAMPUD.doc 712912002 Agenda Item No. 17G July 22. 2008 Page 95 of 121 TABLE OF CONTENTS Page SECTION I STATEMENT OF COMPLIANCF .................................... ............................... 3 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL ........................... ............................... 5 SECTION III PROJECT DEVELOPMENT ............. ............................... SECTION 1V PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT ........ ............................... SECTION V OPEN SPACE AREA ................ ................................... ......... 12 .......................... SECTION V1 PRESERVE AREA REQUIREMENTS ............. I................ „ Iq ... ....................... SECTION VII COMMERCIAL AREA REQUIREMENTS.. ..... ........................................... 15 SECTION VIII DEVELOPMENT COMMITMENTS ........................... EXHIBIT A - PUD MASTER PLAN EXIIIBIT B — LEGAL_ DESCRIPTION EXHIBITS F: \PUD Documcnts \ARROWIIFAD2PUD.doc 7/2912002 .............................. 18 Agenda Item No, 17G July 22, 2008 Page 96 of 121 SECTION I STATEMENT OF COMPLIANCE The development of approximately 307.3 acres of property in Section 6, Township 47 South, Range 29 1 - :ast, and Section 31, Township 46 South, Range 29 East, Collier County, Florida, as a Planned Unit Development to be known as the Arrowhead PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential and commercial components of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The total site area comprises 307.3 acres of which 274 acres are located in the I,ow Residential District on the Immokalee Future Land Use Map in the Immokalee Area Master Plan. Within die Low Residential District fifteen acres are proposed for commercial use. Therefore, the Low Residential District that permits up to four dwelling units per acre, allows up to 1,245 dwelling units on 259 acres. 33 -3 acres of the subject property are also located in the Neighborhood Center District on the Immokalee Future Land Use Map. Residential development within the Neighborhood Center District permits a maximum density of twelve units per gross acre within the Neighborhood Center District. The Neighborhood Center, therefore, can support a total of 400 dwelling units as provided for in the Future Land Use Element of the Immokalee Area Master Plan. The total permitted dwelling units for the subject property, therefore, is 1,436 dwelling units based on 259 acres located in the Low Density Residential District and 33.3 acres located within the Neighborhood Center District as depicted on the Immokalee Future Land Use Map. The proposed 1,245 dwelling units, therefore, maybe found consistent with the Immokalee Master Plan at a gross density of 4.3 dwelling units per acre. 1.2 The fifteen (15) acres proposed for commercial use along with proposed C -2, C -3 and C- 4 Uses is consistent with planned Unit Development Commercial District of the Immokalee Area Master Plan. The other criteria in this District allow for such uses and up to 20 acres in commercial use for residential projects in excess of three hundred (300) acres. The proposed commercial uses and area allocated for commercial use, therefore, is consistent with the Immokalee Area Master Plan. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in ObjectiN e 2 of the Future Land Use Element. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future land Use Element. FAPUD DocumenisIARROWHEADMD.doc 712912002 Agenda Item No. 17G July 22, 2005 Page 97 of 121 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 1.7 The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 1.8 The Immokalee Area Master Plan requires in Policy 11.1.2 that Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance. The Arrowhead PUD will comply with this requirement. 1.9 The Immokalee Area Master Plan Policy 11.1.3 requires that land use transitions between lower and higher intensities of use shall be achieved through use of natural vegetation, open space, buffers, physical barriers such as berms, hedges, or other landscape cover, setbacks and height limitations as described in the zoning and landscape sections of the LDC. The Arrowhead PUD is consistent with this policy through the transition in uses depicted on the PUD Master Plan, Exhibit "A ", along with the distribution of open space and buffer areas. 1.10 All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by Policy 2.3 of the Future Land Use Element. 4 P:1PUD Documents \ARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17G July 22, 2008 Page 98 of 121 SECTION 11 PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 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 Arrowhead PUD. 2.2 LEGAL DESCRIPTION The subject property being approximately 307.3 acres is described in Exhibit B. 2.3 PROPERTY OWNERSHTP The subject property is currently under the ownership of James E. Williams, Jr., and Diane Williams, 1300 North 150 St., Immokalee, Florida 33934. 2.4 GENERAL DESCRIPTION OF PROPERTY AREA The subject property lies in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road, Immokalee, Florida. It is located in Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South, Range 29 Bast. 2.5 PHYSICAL DESCRIPTION The existing site is utilized for cattle grazing and is punctuated with naturai cypress and water features which will be preserved and conserved as part of the PUD development. 2.6 PROJECT DESCRIPTION As an overview, the Arrowhead PUD is to be a t 307.3 acre, 1,245 unit, moderately priced, readily definable neighborhood. A variety of housing types, ranging from single - family dwellings and multi - family housing, is planned. The overall project will include recreational facilities and commercial uses. This development will also incorporate natural features. 23 SHORT TITLE This ordnance shall be known and cited and the "The Arrowhead Planned Unit Development Ordinance ". 5 F:TUD Documents\ARROWHEAMPUD.doc 7/29/2002 Agenda lien No. 17G July 22 2008 Page 99 of 121 2.8 STATEMENT OF UNIFIED CONTROL 'this statement represents that the current property owner has the subject land under unified control for the purpose of obtaining PUD zoning on the property. N f:%VI /D Documents\ARROWI IEAI)2PUD.doc 7/29/2002 SECTION III PROJECT DEVELOPMENT 3.1 PURPOSE Agenda item No. 17G July 22, 2008 Page 100 of 121 The purpose of this Section is to delineate and generally describe the plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Arrowhead Planned Unit Development. 3.2 GENERAL A. Regulations for development of the Arrowhead PUD shall be in accordance with the contents of this document, Section 2.2.20, PUD - Planned Unit Development District, and other applicable sections of the Collier County Land Development Code (LDC) and the Growth Management Plan, and all other applicable land development regulations in effect at the time building permits are requested. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time building permits are requested. C. All conditions imposed and all graphic material presented depicting development for the Arrowhead PUD shall become part of this regulation which governs the manner in which the PUD site may be utilized. 3.3 PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and land use of the various tracts, is illustrated graphically in Exhibit "A ". There shall be three multi- family land use tracts, a single - family area and a commercial area plus necessary water management lakes, street right- of-way, open space and recreational areas. TABLE 1 USE ACRES Residential 140.5 Single Family 436* Dwelling Units 76.7 Multifamily 809 Dwelling Units 63.8 Conununiiy Park 1.2 Commercial 15.0 Lakes 29.9 Right- of-Way 33.6 Welland Preserve 47.8 Upland Preserve 12.7 Upland Buffer 14.5 FAIRUD DocumentAARROWHEAMPUD.doc 71292002 Agenda Item Igo. 17G July 22, 2008 Page 101 of 121 Open Space 12.1 Total ±307.3 *The number of single- family units may be increased with a corresponding reduction in the number of multi - family units and area provided for this dwelling unit type. 3.4 MAXIMUM PROJECT DENSITY A maximum of 1,245 residential dwelling units, single - family, and multi - family, shall be constructed or placed in the total project area. The gross project area for residential use is 292.3 acres. The gross project density, therefore, will be a maximum of 4.03 dwelling units per gross residential acre. The commercial area comprises a maximum of fifteen (15) acres, which results in a total project area of 307.3- acrea. 3.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the development of any tract, this project is required to obtain preliminary plat approval pursuant to the requirements of Division 3.2, Subdivisions, of the LDC, and then, detailed construction plans and plats shall be approved for the overall project infrastructure to serve each tract. Once the plat and plans for the overall project infrastructure are approved, a site development plan, pursuant to Division 3.3, Site Development Plans, of the LDC, shall be submitted for any development of a platted tract which will not be further subdivided. If a platted tract is to be further subdivided, then that tract will be required to go through the construction plans and platting process, pursuant to Division 3.2 of the LDC. A. The developer of any tract or parcel or separately defined portion thereof, shall be required to submit and receive approval of a site development plan in conformance with the requirements established within Division 3.3, Site Development Plans, of the LDC, prior to the submittal of a final site plan for any portion of the multi - family or commercial tracts. B. Dedication and Maintenance of Common Facilities. All common facilities including open space, recreational, conservation/preservation and /or archeological areas will be dedicated to one or more homeowners' associations or master association for the purpose of ownership, maintenance and /or disposition to public agencies. !3 FaPUD Documents \ARRO W t fEAD2PUD.doc 7/29/2002 4.1 4.2 4.3 4.4 Agenda Item No. 17G July 22. 2008 Page 102 of 121 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT PURPOSE The purpose of this Section is to identify specific development standards for areas designated residential on the PUD Master Plan, Exhibit "A ". MAXIMUM DWELLING UNITS The number of single- family dwelling units allowed within the PUD shall be as follows: Four hundred and thirty six (436) single family dwelling units and eight hundred and nine (809) multi - family dwelling units, however, the number of single family units may be increased with a corresponding reduction in the number of multi - family units and land area allocated for multi- family land use. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings 2. Zero -lot line dwellings 3. Two - family and duplex dwellings 4. Single family attached and townhouse dwellings 5. Multi- family dwellings, including garden apartments 6. Any other housing type which is comparable in nature with the foregoing list of principal uses, as determined by the Board of Zoning Appeals (BZA). B. Accessory Uses and Structures Accessory uses and structures residential w maintenance kinds of uses Development Standards es permitted in this facilities, signs and HPUD D0cumen1s \ARR0WHEAD2PUD.doc 7/29/2002 customarily associated with principal District, including recreational facilities, water management facilities and similar Agenda liem No. 17G July 22, 2008 Page 103 of 121 TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE FAMILY DETACHED ZERO LOT LINE TWO FAMILY sINGLE FAMILY ATTACHED MULTI_ FAMILY DWELLING AND STANDARDS & DUPLEX AND TOWN OUSE Minimum I.ot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F.") 3,000 S.F. per d.u. I AC Minimum Lot Width 40 30 45 30 N/A Front Yard 20 15 15 20 20 Side Yard 6.0 0 or 12 0 or 6 0 or 12 0 or .5 BH Rear Yard Principal 25 *6 25 25 25 25 Rear Yard Accesso 10 *7 10 10 10 10 Maximum Iuilding Height 35 35 35 35 35 Distance Between Structures N/A N/A N/A 10 .5 3H Floor Area Min. (SF) 1000 1000 1 1000 1000 450 *smnolcks All distances are in feet unless otherwise noted. BH = Building Height Notes 1. Each half of a duplex unit requires a lot area allocation of thirty -five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. 2 Minimum lot width may be reduced by twenty (20) percent for cul -de -sac tots or lots located on curvilinear streets provided the minimum lot area is still maintained, 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. 4, Single- family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 5. The minimum unit size for efficiency units is 450 square feet, 600 square feet for one bedroom units, and 750 square feet for two bedroom units. 6. Rear yard requirements abutting preserve area twenty -five (25) feet. I F:TUD DocumenWARROWHEAD2PUD.doc 729/2002 Agenda Item No. 17G July 22, 2008 Page 104 of 121 7. Rear yard requirements for accessory structures abutting preserve area ten (10) feet. A. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be iitnited to twenty-five (25) feet above grade. B. Development of individual tracts has not been finalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria: 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting, at a minimum, the standards of Division 2.4, Landscaping, of the Collier County LDC. 3. Separation of housing types by common amenities. F:5Pt1D Documents\ARROWHEAMPUD.d0c 7/29/2002 SECTION V OPEN SPACE AREA 5.1 PURPOSE Agenda Item No. 17G July 22, 2008 Page 105 of 121 The purpose of this Section is to set forth the development plan and development standards for the areas as designated on Exhibit "A ", the PUD Master Plan, for open space. The primary function and purpose of these areas will be to provide aesthetically pleasing open areas and recreational facilities. These areas comprise 12.1 acres and are in addition to preserve areas depicted on the PUD Master Plan. 5.2 USES PERMI "ITED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Open Space 2. Nature trails paths or other similar facilities constructed for purposes or access to or passage throughout the PUD. 3. Shuffleboard courts, tennis courts, swimming pools, open play areas, and other types of uses and facilities intended for outdoor use and /or recreation (i.e., recreational building). 5.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures or areas, location of access streets, pedestrian ways and/or parking areas and location and treatment of buffer areas. B. Buildings should be set back a minimum of fifty (50) feet abutting residential tracts and a landscaped and maintained natural buffer shall be provided. C. Playground /recreational equipment shall be set back twenty (20) feet from any perimeter or lot line. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. Maximum Height: 12 FAME) Documents\ARR0WHFAD2PUD.doc 7/29/2002 Agenda Item No. 17G July 22, 2008 Page 106 of 121 1. Principal Structures —Twenty-five (25) feet. 2. Accessory Structures — Twenty (20) feet 5.4 MINIMUM OFF - STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3, Off - Street Parking and Loading, of the LDC. i3 F:\PUD Documents%ARROWHEAMPUD.doc 7/29/2002 SECTION VI PRESERVE AREA REQUIREMENTS 6.1 PURPOSE Agen; a Item No. i7G July 22. 2003 Page 107 of 121 The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 6.2 PERMITTED USES The PUD Master Plan provides for a total of seventy five (75) acres of Preserve Area or 24.4% of the total project area distributed as follows: 47,8 acres are contained in a wetland preserve area, 12.7 acres in upland preserve area, and 14.5 acres in upland buffer areas. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after appropriate environmental review. 6. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). K F.'TUD DucumentalARROWH6AD2PUD.doc 7/29 /2002 SECTION VII COMMERCIAL AREA REQUIREMENTS 7.1 PURPOSE Agenda Item No. 17G July 22, 2008 Page 108 of 121 The purpose of this Section is to identify specific development standards for the area designated commercial on Exhibit "A" the PUD Master Plan. This commercial component is intended to serve as a commercial general shopping center permitting a range of shopping and personal services to the surrounding area. 7.2 MAXIMUM DEVELOPMENT INTENSITY The maximum allowable commercial square footage is 130,680 square feet of gross leasable area on fifteen acres of which 1.4 acres is included in buffer area. The maximum site coverage by principal structures, accessory structures or outside sales areas shall not exceed twenty (20) percent of the area designated for commercial use on the PUT) Master Plan, Exhibit "A ". The applicable Collier County Zoning Districts used as the basis of this commercial component are the permitted uses in the C -2, C -3, and CA Districts of the LDC with development standards generally provided for from the C -3 District. 7.3 USES PERMITTED No building, structure, or part, thereof, or outside sales area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: All permitted uses in the C -2, C -3, and C-4 Zoning Districts of the LDC in effect as of the date of adoption of this ordinance. B. Accessory Uses: Uses and structures that are accessory and incidental to uses permitted as of right in the C -2, C -3 and C -4 Districts of the LDC in effect as of the date of adoption of this ordinance. 7.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred (100) leel. C. Minimum Yard Requirements: 15 F: \PUD DocumeniskARROWHEAD2PUD.doc 729/2002 genda liem No. t7G July 22, 2003 Paae 109 of 121 Front yard - Twenty five (25) feet or one -half of the building height as measured from grade, whichever is greater. 2. Side yard - One -half of the building height as measured from grade, with a minimum of fifteen (15) feet. 3. Rear yard — Fifteen (15) feet or one -half of the height of the building as measured from grade, whichever is the greater. D. Distance Between Structures: Same as for side yard setback. E. Maximum Height: Fifty (50) feet. F. Minimum Floor Area of Structures: One - thousand (1,000) square feet per building on the ground floor. G. Maximum Density: Hotels, motels and time share facilities are limited to a maximum density of sixteen (I6) units per acre. The maximum floor area for these uses is five - hundred (500) square feet. 7.5 OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3, Off -Street Parking and Loading, of the LDC. 7.6 MINIMUM LANDSCAPING REQUIREMENTS: As required by Division 2.4, Landscaping and Buffering, in effect at the time building permits are requested. 7.7 MINIMUM LANDSCAPE BUFFER AREA: As required by Collier County regulations in effect at the time building permits are requested. At a minimum, a landscaped buffer shall be provided adjacent to all residential areas bordering the commercial portion of the PUD (except for access points) in accordance with Division 2,4, Landscaping, of the Land Development Code. 7.8 SIGNS: As required by Section 2.5, Signs, of the LDC in effect at the time sign permits are requested. 16 F:1PUD Documents\ARROWHEAMPUD.doc 7/29/2002 Agenda Item No. 17G July 22, 2008 Page 110 of 121 w 7.9 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. however, the commercial portion of this PUD shall be eligible for temporary use permits for temporary sales, sports events, religious events, and community events in accordance with Section 2.6.33, Temporary Use Permits, of the LDC. 7.10 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division 2.8, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, of the LDC. 7.11 Pedestrian Connections Pedestrian and vehicular connections shall be provided between the commercial and residential components of the project. 7.12 Project Phasing No construction in the commercial area shall be allowed until twenty (20) percent of the permitted dwelling units have been issued building permits. 17 F.IPU D Docu mcnts \A R RO W I {E A D2 PUD.doc 7/29/2402 SECTION VIII DEVELOPMENT COMMITMENTS 81 PURPOSE Agenda Item No. 1 i G July 22, 2008 Page 111 of 121 The purpose of this Section is to set forth the development commitments for the development of this project. 8.2 GENERAI. All facilities shall be constructed in accordance with the standards and specifications adopted as part of this PUD and applicable portions of the LDC in effect at the time building permits are requested. The developer, his successor and assigns, shall be responsible for the commitments outlined in the document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is subject to the commitments within this agreement. 8.3 PUD MASTER PLAN A. The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights -of -way as depicted on Exhibit "A ". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. All necessary easements, dedications, or other instruments shall he granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. All easements and assurances will be submitted to the County Attorney at development plan review stage for review and approval to assure implementation of the development commitments. C. This project shall be developed in compliance with all of the applicable requirements of the Division 3.2. Subdivisions, of the LDC. D. The Arrowhead PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. E P:W() Documents \ARR0WHEAD2PUD.doc 7/29/2002 Agenda Item No. 17G July 22, 2008 Page 112 of 121 E. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County 1.DC in effect at the time the amendment is requested. 8.4 SCHEDULE OF DEVELOPMENT A. It is anticipated based on market conditions that the Arrowhead PUD will build -out in six years or by 2008. 8.5 TRANSPORTATION A. All public street design and construction shall meet applicable Collier County transportation standards that are in effect at the time building permits are requested. B. The developer shall provide at the time of site development plan and /or preliminary subdivision plat review turn lanes on Lake Trafford Road and Carson Road at each project entrance as required and subject to approval of Collier County Transportation Services Division. C. 'Me developer shall provide arterial level street lighting at each project entrance on Lake Trafford Road and collector level street lighting at each project entrance on Carson Road at the time of the issuance of the first certificate of occupancy for any structure. D. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access, residential or commercial, when deemed warranted by the County. E. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. F. Sidewalks on both sides of the main access road shall be five feet. All other streets shall have one five foot wide sidewalk. G. Cul-de -sacs or dead end streets may exceed the 1,000 foot limitation set forth in Section 3.2.8.4.16.6 of the LDC. H. A reduction in the street right -of -way width from 60 feet to 50 feet for a local road as required in Section 3.2.8.4.16.5 of the LDC is approved as part of this Ordinance. 1. Roads will be public and dedicated to Collier County at the time of platting. J. Adjacent to the PUD boundary, along the eastern property line, the developer shall provide up to 100 feet of clear road right -of way to meet the needs for the Carson Road Extension when required by the Collier County Transportation Services Division. Additionally, adjacent to the PUD boundary, along the northern property line, the developer will reserve right -of -way for lake Trafford Road up to 50 feet wide as 19 FAPUD Documents\ARR0WHEAD2PUD.doc 7/29/2002 Agenda Item No. 17G July 22, 2008 Page 113 of 121 determined by the Collier County Transportation Services Division for infrastructure improvements. K. The developer shall construct the Carson Road extension south of Lake Trafford Road to Immokalee Drive and shall also construct Immokalee Drive within the westerly 450 -feet which is currently unpaved. The roadways will be two -laned, rural design, asphalt, paved and 24 -feet wide for Carson Road and 20 feet wide for Immokalee Drive. L. The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: Dedicated left turn lanes for eastbound and westbound Lake Trafford Road. 2. Dedicated left turn lanes for southbound Carson Road. 3. Modify signalization for left turn movements only if and at such time warranted by future traffic conditions. M. The developer shall construct improvements to Lake Trafford Road from Carson Road to S.R. 29 to improve safety conditions. Such improvements will consist of repairs to pavement edges and construction of newly stabilized and paved shoulders up to five feet wide or as conditions allow. N. The developer shall pay for modifications to signalization to optimize capacity at the intersection of S.R. 29 and Lake Trafford Road. O. The developer shall construct improvements to the intersection of S.R. 29 and Immokalee Drive to consist of the following: I. Dedicated right turn lanes for eastbound Immokalee Drive. 2. New signalization to provide protected left turn movements on S.R. 29. P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be constructed as part of the first phase of development. Improvements described in Paragraphs 8.5 M, 8.5 N, and 8.5 O shall be constructed as part of whichever phase results in exceeding 50 percent of project development based upon the number of residential dwelling units. Q. All conditions and improvements described in Paragraph 5.5 J through 8.5 O inclusive may be considered eligible for road impact fee credits. Credits will be considered only if or when the Road Impact Fee Ordinance 2000 -13 is amended to allow for impact fee credits for roads that are not contained in the Capital Improvement Element of the Collier County Growth Management Plan. Impact fee credits shall also be subject to a separate Developer's Contribution Agreement to be approved by the Collier County Board of County Commissioners. 20 FAPUD Documents\ARROWtlEAD212UDAd 7/290-002 Agenda Item No. 17G July 22. 2008 Page 114 of 121 R. Property value determinations for the purpose of impact fee credits shall be made at the time of property transfer based upon fair market value as determined by qualified appraisers. Furthermore, fair market value shall be based upon the highest and best land use (Agricultural Zoning) as existed prior to approval of Petition R -90 -6 by the Board of County Commissioners on May 28, 1991. S. Road impact fees shall be as set forth in Ordinance 2000 -13, and any amendment thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. T. Access improvements described in Paragraphs 8.5 B and 8.5 K shall be in place before any certificates of occupancy are issued. U. In consideration of the implementation of the Adequate Public Facilities Ordinance in Division 3.15, and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area may be subject to development use controls consistent with the above regulations. 8.6 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed lake(s), in accordance with Division 3.5, Excavation, of the Collier County LDC and SFWMD Rules. Lake setbacks shall be in conformance with Division 3.5, Excavation, of the Collier County LDC. D. Work within Collier County right -of -way shall meet the requirements of Collier County Right -Of -Way Ordinance 93 -64, E. Access improvements into each tract as shown on the Master Plan is informational only. The location and number of access improvements is subject to Subdivision Master Plan or SDP approval. F. This project is recommended for approval for rezone purposes only. A Subdivision Master Plan shall be submitted which complies with all the design standards of the subdivision regulations unless specific exceptions are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not 21 FnPUD DocumentslARROWHEAD2PUD.doc 7/29/2002 Agenda Item No. 17G July 22. 2008 Page 115 of 121 constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County LDC, Division 3.2, Subdivisions. G. The project shall be platted in accordance with Collier County Subdivision Regulations to define the rights -of -way, tracts, and easements as shown on the Master Plan. H. All roads, public or private, shall be in full compliance with the County Subdivision Regulations design and construction requirements. 1. All cul -de -sacs shall be in full compliance with the County Subdivision Regulations, including design and construction requirements. 8.7 UTILITIES A. Verification from the Immokalee Water Sewer District stating it has reviewed and approved the water and sewer facilities engineering construction documents to serve this project is required and must accompany the detailed construction plans submission. B. Verification of sewage treatment capacity pursuant to Ordinance No. 80 -112 to service this project is required and must accompany the detailed construction plans submission. C. This project shall be designed and construction in full compliance with Ordinance 2001- 57 as amended. D. This project shall be designed for central water and sewer systems. 8.8 WATER MANAGEMENT A. The stormwater management system shall be designed in accordance with South Florida Water Management District and Collier County rules and regulations. B. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. C. Prior to preliminary subdivision plat approval, the developer shall provide a copy of the South Florida Water Management District Conceptual Permit. D. The developer shall provide a 20 -foot maintenance easement around the perimeter of all lakes and a 20 -foot access easement from public roads to each maintenance easement. E. Pursuant to applicable South Florida Water Management District Rules, a naturally vegetated buffer or structural buffer shall be provided around all wetlands to be preserved in lieu of the buffer requirements of Section 3.2.8.4.7.3 of the LDC. No construction shall be allowed within this buffer. 22 F;1PUD Documents \ARR0WHEAD2PUD.doc 7/29/2002 i A,ger)da Item No. 1 'G July 22, 2008 Page 110 of 121 F. All historical off -site flows shall be routed through the project master system in accordance with provisions as required by the South Florida Water Management District, Collier County, and as directed by the Collier County Stormwater Management Section. G. The future Carson Road drainage shall be routed through this project as shown on the Conceptual Drainage Plan, provided in this application and in accordance with the SFWMD Permit, Collier County, and as directed by Collier County Stormwater Management Section. 8.9 ENVIRONMENTAL A. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC. For this site, 74.4 acres of native vegetation shall be preserved on -site. B. if, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped. Development will be suspended for a sufficient length of time to enable the Collier County Ilistoric and Archeological Preservation Board, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Current Planning Environmental Review Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. C. This PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Collier County Land Development Code in effect at the time of final development order approval. D. All conservation areas, shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC except wetlands referenced in Paragraph 8.8 E. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. E. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 23 F:TIJD DocumentslARROWHEADMD.doc 7/29/2002 agenda item No. 17G July _2 2008 Page 117 of 121 F. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - mentioned plan. G. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. H. All approved Agency (SFWMD, ALOE, FFWCC) permits shall be submitted prior to final plat/construction plan approval. 8.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure, but not before the principal structure. 8.11 SIGNS As required by the requirements of Divisions 2.5, Signs, of the LDC in effect at the time sign permits are requested. 8.12 LANDSCAPING FOR OFF - STREET PARKING AREAS As required by the requirements of Division 2.4, Landscaping and Buffering, of the LDC in effect at the time building permits are requested. 8.13 POLLING PLACES Polling places shall be permitted and provided for as deemed appropriate by the Supervisor of Elections, in accordance with Section 3.2.8.3.14 of the LDC, within the commercial or recreational portion of the overall PUD as deemed appropriate by the developer. 8.14 SPECIAL CONDITIONS An archaeological site consisting of approximately 0.26 acres is to be preserved in perpetuity and become part of the open space area of the Arrowhead PUD. The structure contained on this site cannot be altered in any way until approval is obtained from the Collier County Historic and Archeological Preservation Board. 24 F: \PUD DocumcnlsIARROWHEAWPUD.doc 7/29/2002 Agenda Item No. 17G July 22, 2008 Page 118 of 121 8.15 ADDITIONAL. REQUIREMENTS; A. The road running through the single family and multi - family components of this PUD, connecting Lake Trafford Road with Carson Drive, shall be a public roadway. B. This project shall comply with Section 2.6.32, Open Space Requirements, of the LDC. C. The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. 2. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. 3. All other provisions of Section 3.5 of the LDC are applicable. D. Fire hydrants shall be appropriately located to meet the requirements and approval of the local fire district. Ctrl -de -sac dimensions shall comply with NFPA 1,2000 Edition Section 3 -5.2. E. Development permitted by approval of this petition will be subject to a concurreney review under the provisions of the Adequate Public Facilities Ordinance contained in Division 3.15 of the LDC. 25 FAPUD Documents ARROWHEAWPUD.doc 7/29/2002 Agenda liem No. 1,7G July 22, 2008 Page 119 of 121 Y1451y844i1 121 �R 211 s F� J' ij Os G I v 3 0 Agenda Item No. 17G July 22, 2008 Page 120 of 121 -EGAL DESCRIPTION A TRACT OF LAND LOCATED IN SECTION 31, TOWNSHIP 45 SOUTH, RANGE 29 EAST. AND SECTION 5. TOWNSHIP 47 SOUTH. RANGE 29 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SECTION 31, MARKED BY AN IRON ROD 5.38 FEET SOUTH OF THE CENTERLINE OF LAKE TRAFFORD ROAD; THENCE S.01'11'044E., ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 34.62 FEET TO THE POINT OF BEGINNING. A POINT ON THE ARC OF A CURVE OF THE SOUTHERLY RIGHT -OF -WAY OF LAKE TRAFFORD ROAD FROM WHICH THE RADIUS POINT LIES N.00'36'38'E., A DISTANCE OF 11499.20 FEET; THENCE CONTINUE S.01'11'04'E., ALONG SAID EAST LINE OF SECTION 31, A DISTANCE OF 2626.06 FEET TO THE CORNER COMMON TO SECTIONS 37 AND 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. AND SECTIONS 5 AND S. TOWNSHIP 47 SOUTH. RANGE 29 EAST; THENCE S.DO'44'14'E., ALONG THE EAST LINE OF AFOREMENTIONED SECTION 6, A DISTANCE OF 30.00 FEET; THENCE S.88'53'56'W., A DISTANCE OF 100.00 FEET; THENCE S.00'44'14'E., ALONG A LINE 100 FEET WEST OF AND PARALLEL 1MTH THE EASTERLY LINE OF AFOREMENTIONED SECTION 6, A DISTANCE OF 7182.18 FEET; THENCE S.89'I5'46'W., A DISTANCE OF 1560.14 FEET; THENCE N.54'44'53'W., A DISTANCE OF 626.03 FEET; THENCE NAY02'51'W., A DISTANCE OF 1245,23 FEET; THENCE N.O7'3D'27'W., A DISTANCE OF 570.20 FEET; THENCE N.75733'210W.. A DISTANCE OF 581.54 FEET; THENCE N.86' 52'40`W.. A DISTANCE OF 550.82 FEET; THENCE N.16'09'26'E., A DISTANCE OF 557.00 FEET; THENCE N.DO55'06'W., A DISTANCE OF 1427.65 FEET (1428.07 FEET CALCULATED) TO THE SOUTHERLY RIGHT -OF -WAY LINE OF LAKE TRAFFORD ROAD: THENCE 5.87'58'12"E., ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 3861.86 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 11499.20 FEET AND A CENTRAL ANGLE OF 01'25'10 THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 284.88 FEET TO THE POINT OF B EGINNIN • CONTAINING 307.333 ACRES, MORE OR LESS. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST OUARTER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.01'11'04'E. ',BSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR. PROPERTY DESCRIPTION WAS PROVIDED BY CLIENT, THE PROPERTY DESCRIPTION. AS PROVIDED, DOES NOT CLOSE MATHEMATICALLY BY APPROXIMATELY 0.42 FEET NORTH AND SOUTH. THE PROPERTY BOUNDARY HAS BEEN ADJUSTED ALONG ITS MOST NORTHWESTERLY COURSE, AS SHOWN HEREON, TO ACHIEVE MATHEMATICAL CLOSURE. PROPERTY AREA: 307.333 ACRES, MORE OR LESS. ENVIRONMENTAL CONCERNS, ARCHEOLOGICAL SITES, WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF ANY. HAVE NOT BEEN LOCATED OR NOTED ON THIS SURVEY. IMPROVEMENTS EXISTING ON AND ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATED ON THIS SURVEY. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED TO; MOG- CAPITAL PARTNERS, INC. I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 1/22/02. 1 FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER B1G17 -6, F.A.C. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB 11772 3Y _ I (- �F_1ae a��• (z P.L.S. #3741 THOMAS J. GARRIS STATE OF FLORIDA BOUNDARY SURVEY DRATANO M PROJECT W STATE OF FLORIDA) COUNTY OF COLLIER) 4genJa Item No. 17G July 22. 2008 Page 121 of 121 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 copy of: LAMA 93 0 k) 1.4k) 01 A3d4JW%11*MCV to] Which was adopted by the Board of County Commissioners on the 30th day of July, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of August, 2002. DWIGHT E. BROCK Clerk of Courts..•aond.,glerk r 4 Ex- officio t,oc')'11&•" "' County Cammidner� ;l',� 's By: Teri 4!l h ". •;� Deputy ..@,'% k.c