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Agenda 10/27/2020 Item # 9C (PL20180002813)9.0 10/27/2020 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 07-30, the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD), to allow up to 265 multi -family rental dwelling units plus 80,000 square feet of commercial development as an alternative to 160,000 square feet of retail and office currently allowed; by changing the name of the CPUD from Hammock Park Commerce Centre to the Hammock Park Mixed -Use Planned Unit Development (MPUD); by revising the development standards; by amending the Master Plan and revising developer commitments. The subject property is located at the northeast corner of Rattlesnake Hammock Road and Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 19.13f acres; and by providing an effective date. [PL20180002813] (This is a companion to Agenda Item 9.11) OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject undeveloped property was originally rezoned from Rural Agricultural (A) to PUD in 2000 per Ordinance Number 00-79. In 2007, the subject property was rezoned from PUD to CPUD per Ordinance Number 07-30 to allow for a maximum of 160,000 square feet of commercial retail and office uses. The CPUD was amended in 2014 per HEX Decision 2014-28, to allow for signage related to Hacienda Lakes of Naples PUD. The CPUD was amended again in 2016 per HEX Decision 2016-42 to allow for the construction of accessory structures. See Attachment B- Previous Ordinances and Decisions. The petitioner proposes an alternative land use to add a maximum of 265 multi -family dwelling units, with a density of 13.85 dwelling units per acre, creating an MPUD from the current CPUD. If the multi- family dwelling units are developed, the maximum amount of non-residential uses will be reduced from the currently approved 160,000 square feet to 80,000 square feet. See Attachment A -Proposed PUD Ordinance. FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Amendment is approved, a portion of the 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 a Certificate of Occupancy to help offset the impact 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 the 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 a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. 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. Packet Pg. 101 9.0 10/27/2020 GROWTH MANAGEMENT PLAN (GMP) IMPACT: The proposed PUD is inconsistent with the GMP, unless the Board approves the companion GMPA first or concurrent with the PUD and the uses and intensities align. See Attachment C-FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDA-PL20180002813, Hammock Park MPUD on August 6, 2020, and voted 4-1 to forward this petition to the Board with a recommendation of approval subject to conditions. The one dissenting vote was due to the proposed density of 13.85 dwelling units per acre. The conditions of approval are: The maximum commercial square footage associated with the residential development shall be reduced from 148,500 square feet to 80,000 square feet. The Essential Service Personnel (ESP) unit's commitment shall specify that it is only for ESP. The words "based on" shall be replaced with "in the amount of." The requested revision has been made. See Attachment A -Proposed Ordinance. LEGAL CONSIDERATIONS: This is an amendment to the existing Hammock Park Commerce Centre Commercial Planned Unit Development (Ordinance No. 07-30, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, 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 Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 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 with 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. Packet Pg. 102 9.0 10/27/2020 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? 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 otherwise 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. Packet Pg. 103 10/27/2020 9.0 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.II], as amended. 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 Board 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 Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: If the Board approves the companion GMP amendment, then staff concurs with the recommendation of the CCPC, which is reflected in the attached Ordinance and recommends that the Board approve the applicant's request to rezone to the MPUD zoning district. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Hammock Park PUD Staff Report.docx 7-13-20 (PDF) 2. Attachment A- Proposed Ordinance - 081020 (PDF) 3. [Linked] Attachment B-Previous Ordinances and Resolutions (PDF) 4. Attachment C-FLUE Consistency Review 2-10-20 (PDF) 5. Attachment D-Hammock Park NIM Synopsis (PDF) 6. [Linked] Attachment E-Application 7-10-20 (PDF) 7. Attachment F-Density Exhibit (rev2) 7-9-20 (PDF) 8. legal ad - companion items 13136 & 13365 (PDF) 9. Virtual Hearing Waiver 6-29-20 (PDF) Packet Pg. 104 9.0 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 9.0 Doe ID: 13925 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 07-30, the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD), to allow up to 265 multi -family rental dwelling units plus 80,000 square feet of commercial development as an alternative to 160,000 square feet of retail and office currently allowed; by changing the name of the CPUD from Hammock Park Commerce Centre to the Hammock Park Mixed -Use Planned Unit Development (MPUD); by revising the development standards; by amending the Master Plan and revising developer commitments. The subject property is located at the northeast corner of Rattlesnake Hammock Road and Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 19.13± acres; and by providing an effective date. [PL20180002813] (This item is a companion to Agenda Item 9.13) Meeting Date: 10/27/2020 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 10/13/2020 2:39 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 10/13/2020 2:39 PM Approved By: Review: Growth Management Department Nancy Gundlach Level 1 Reviewer Zoning Nancy Gundlach Additional Reviewer Zoning Nancy Gundlach Additional Reviewer Growth Management Department Nancy Gundlach Deputy Department Head Review Growth Management Department Nancy Gundlach Department Head Review County Attorney's Office Nancy Gundlach Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Judy Puig Level 3 County Attorney's Office Review Office of Management and Budget Judy Puig Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Skipped 10/13/2020 2:35 PM Skipped 10/13/2020 2:35 PM Skipped 10/13/2020 2:35 PM Skipped 10/13/2020 2:35 PM Skipped 10/13/2020 2:35 PM Skipped 10/13/2020 2:35 PM Completed 10/13/2020 2:53 PM Skipped 10/13/2020 2:55 PM Skipped 10/13/2020 2:55 PM Completed 10/18/2020 9:30 PM 10/27/2020 9:00 AM Packet Pg. 105 9.C.1 s Co ii r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: AUGUST 6, 2020 SUBJECT: PUDA-PL20180002813 HAMMOCK PARK MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) — COMPANION TO ITEM GMPA- PL20180002804, HAMMOCK PARK GROWTH MANAGEMENT PLAN AMENDMENT PROPERTY OWNER/APPLICANT AND AGENTS: Pronertv Owner/Abblicant: David Torres c/o Wilton Land Company, LLC 206 Dudley Road Wilton, CT 06897 Agents: Alexis Crespo, AICP Waldrop Engineering, P.A. 28100 Bonita Grande Drive # 305 Bonita Springs, FL 34135 REQUESTED ACTION: Richard Yovanovich, Esquire Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 07- 30, the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD), to allow up to 265 multi -family rental dwelling units plus 148,500 square feet of commercial development as an alternative to 160,000 square feet of retail and office currently allowed; by changing the name of the CPUD from Hammock Park Commerce Centre to the Hammock Park Mixed -Use Planned Unit Development (MPUD); by revising the development standards; by amending the Master Plan and revising developer commitments and by providing an effective date. PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 1 of 14 Packet Pg. 106 Ved )IDOLULUeH ELOZ000SLOZ-1d : SUE0 OZ-EL-L xoop•:podeN 1je;S and Ved )130w aeH :IU8wt43e;;y ■ ■ a ' I a s ■ ■ ■ F Z 7 o # I J A, ame joi oD 0 x t r- 4.1 cc PUDA-PL20180002813 HAMMOCK PARK MPUD 0- co ,A\0 1 July 13, 2020 oo N CD 0 Oy�y 00 J CL L 7 C O Page 2 of 14 IIJed 3130W L'H £48ZOOMOZ-1d : GNU) OZ-£6-L xoop•;aodem jje;S and Ved IIoowweH :1uawL13L'U r w_ 1=z .i�, rcq ■,w°mHVQa tl�"atiU❑�ai1r cq7qXwo'aW�a�s(�d�2�❑WaJLL_aJ� LLJ¢tl�moJada{{�fr,�']l 'ii rvpw4i - a- [��3��z¢�W [uw�g� i-ZaJw�SaW�hwsvw-�=��-irWWvw�i Jgo�_ zm��rUw�rLL-rszwp ��NJ]U��B iw�❑wX�QwwwU}~�a wiU iCiYWnv7 zs� -- -- ---��'a�❑ L "IN N ,31j'j`IIIi� I�W II, IIWr ' IIII�1lI0rV DO= IlVI �I III1 II,III�II 11lI^7 � I'I I IIIjI Il ; ' I .Ii iNnooazNow a�ya�c�oaZ73d3S�W�u�zgCa7iJSVwO35�V7s 'aZo�ln3w� aS�w�z�LL U�0 ❑�m�wic7�w�zi z, R#WUVa o XV'1d =qVW Und 9NIa33N19N3 Cfn(I NNVd NJOWVfl 5N3WI00 A1Nn06 aid 0391A3a 6V090 SQ6IAHH hIVId zm woi10piLLJW wa O_o� weo w w w zW K 0 VGS69d'9SOR10 !; w w 1N3W3Sd3 a NOLLMRSNODZ w a LUa. rn z z 04.00 00 W F- Ei;.Z�I U q-HLLz qa ❑uLU zawZwa zWarD XLL LU WaOJZ7w Lzmw w w WwNQw A 4 E g 'aT w a LLW O < W m 0 i a ------------ woLLLm 1VNV3 L96-N0 o dz¢za WhW udrFrIi iqn h s 6mP ueld IazSM (Ind 60-Z03-Z0-18sue1d Iua-uno%ueld Ia;sew ❑nd Z03-Z0-6i3Msu414x336ulmL]M6uiuoZ Pue 6uluueld-VEd>PowweH ZO-6881sP0 10Id F 9 PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 3 of 14 9.C.1 SITE SUMMARY CATEGORY ACREAGE PERCENTAGE OF TOTALACREAGE PRESERVE 1.63 AC 8.52 % BUFFERS 1.31 AC 6.85 % FPL EASEMENT! DRY DETENTION 2.43 AC 12.76 % DEVELOPMENT TRACTS CIMU 8.02 AC 41.92 % PERVIOUS OPEN SPACE 5.74 AC 30.01 % TOTAL 19.13 AC 100.00 % LAND USE SUMMARY 146,500 SF COMMERCIAL PLUS UP TO 265 DWELLING CIMU UNITS, OR 160,000 SF COMMERCIAL ONLY (1) 1 RESIDENTIAL PERMITTED IN THIS AREA OPEN SPACE SUMMARY TOTAL REQUIRED (19.13 x 30%) 5.74 AC TOTAL PROVIDED PRESERVE SUMMARY NATIVE PRESERVE REQUIRED: 1.63 AC NATIVE PRESERVE PROVIDED: 1.63 AC 16 8 E E x 4 9 L e 3 m GM APHIC LOCATION: GENERALNOTES 1, THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. EXISTING VEGETATION IN THE CONSERVATION EASEMENT ALONG THE EAST MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4,06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN THE EVENT THAT A TYPE "B" BUFFER IS REQUIRED ALONG THE EAST BOUNDARY, A MINIMUM 6-FOOT-WIDE RESERVATION LOCATED OUTSIDE OF THE EXISTING VEGETATION IN THE CONSERVATION EASEMENT ALONG THE EAST WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION, PROPERTY OWNER'S ASSOCIATION OR CONDOMINIUM ASSOCIATION AT TIME OF SDP APPROVAL. IN THE EVENT THAT THE EXISTING VEGETATION IN THE CONSERVATION EASEMENT ALONG THE EAST DOES NOT MEET THE BUFFER REQUIREMENT AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING IN ACCORDANCE WITH LDC SECTION 3.05.07, THE OWNER WILL INSTALL LANDSCAPE MATERIAL IN THE RESERVATION TO MEET THE PLANT SIZE AND SPACING REQUIREMENTS OF THE BUFFER. 3_ REFER TO THE BOUNDARY SURVEY FOR ALL EASEMENTS. The subject PUD, consisting of 19.13± acres, is located at the northeast corner of Rattlesnake Hammock Road (CR 864) and Collier Boulevard (CR 951) in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The subject undeveloped property was originally rezoned from Rural Agricultural (A) to PUD in 2000 per Ordinance Number 00-79. In 2007, the subject property was rezoned from PUD to CPUD per Ordinance Number 07-30 to allow for a maximum of 160,000 square feet of commercial retail and office uses. The CPUD was amended in 2014 per HEX Decision 2014-28, to allow for signage related to Hacienda Lakes of Naples PUD. The CPUD was amended again in 2016 per HEX Decision 2016-42 to allow for the construction of accessory structures. See Attachment B-Previous Ordinances and Decisions. The petitioner proposes an alternative land use to add a maximum of 265 multi -family dwelling units, with a density of 13.85 dwelling units per acre, creating an MPUD from the current CPUD. If the 265 multi -family dwelling units are developed, the maximum amount of non-residential uses will be limited to 148,500 square feet, so as not to exceed the current trip count for the currently approved PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 4 of 14 Packet Pg. 109 9.C.1 160,000 square feet of commercial land uses, or 577 PM peak hour trips. See Attachment A — Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING: North: An undeveloped 9.5± acre parcel with a zoning designation of Good Turn Center PUD which allows 100,000 square feet of commercial land use and/or a variety of skilled nursing care facility uses with a maximum of 200 units. East: An undeveloped 19.32± acre parcel with a zoning designation of McMullen MPUD which allows 185,000 square feet of commercial and/or independent living, assisted living, and nursing home care units. South: An undeveloped 34.16± acre commercial parcel (which is part of a 2,262± acre DRI) with a zoning designation of Hacienda Lakes MPUD and a gross density of 0.78 dwelling units per acre. West: SFWMD 951 Canal, Collier Boulevard, a 6-lane divided roadway, and a developed commercial strip shopping center with a zoning designation of Naples Lakes Country Club PUD and a gross density of 1.67 dwelling unit per acre. Please see Attachment F-Density Exhibit. T tl}- i gar, R7 PUDA-PL20180002813 HAMMOCK PARK MPUD AERIAL PHOTO July 13, 2020 Page 5 of 14 Packet Pg. 110 9.C.1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment C — FLUE Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant's May 30, 2019, Trip Generation Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the then applicable 2018 and the current 2019 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the 5-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition, the requested PUD amendment proposes mixed -use development by adding 265 multi -family dwelling units along with 148,500 square feet of commercial uses; which represents a reduction of approximately 11,500 square feet of commercial uses. Both the original commercial development and the new proposed mixed -use development will generate a projected 577± PM peak hour, two-way trips that will occur on the following adjacent roadway network. The trips generated by this development will occur on the following adjacent roadway link: PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 6 of 14 Packet Pg. 111 9.C.1 Link/Roadway Link 2018 2019 Current Peak 2018 2019 AUIR AUIR Hour Peak Remaining Remaining LOS LOS Direction Service Capacity Capacity Volume/Peak Direction 34.0/CR-951 Davis Blvd D D 3,000/North 834 580 Collier Blvd to Rattlesnake Hammock Road 35.0/CR-951 Rattlesnake C C 3,200/North 962 813 Collier Blvd Hammock Road to US-41 Tamiami Trail 75.0/Rattlesnake CR-951 B B 2,900/West 2,200 2,147 Hammock Road Collier Blvd to Santa Barbara Blvd Based on the 2019 AUIR, the adjacent roadway network will continue to have sufficient capacity to accommodate the proposed trips for this project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. Native vegetation required to be retained for the PUD was approved in accordance with Ordinance Number 07-30 (minimum 1.63 acres). A conservation easement for 1.66 acres of native vegetation has been placed under preservation and dedicated to Collier County (OR 4496, Page 258) and to South Florida Water Management District (OR 5056, Page 3544). GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the adoption of the companion GMP amendment. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 7 of 14 Packet Pg. 112 9.C.1 on the rezoning request. An evaluation relative to these subsections is discussed below, under the headings "Rezone Findings" and "PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed this petition to address environmental concerns. The PUD preserve requirement is 1.63 acres, per Ordinance Number 07- 30; 1.66 acres of native vegetation has been placed in a conservation easement and dedicated to Collier County and South Florida Water Management District. No listed plant or animal species were observed on the property. The Environmental Data indicates the subject property falls within the USFWS Primary Florida Panther (Felis concolor coryi) Habitat. There were no observations of panther onsite and the USFWS issued a Biological Opinion on December 17, 2008, to address potential project -related impacts to the Florida panther or its habitat. A habitat management plan for protected species will be included at PPL or SDP review. An active bald eagle nest was documented approximately 20 feet north of the project site. Consultation with USFWS and FWCC regarding guidelines and permitting requirements will be required prior to construction. This project does require Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Specifically, the project is within the 330-foot and 660-foot bald eagle nest protection zones. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water service area and south wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are readily available via connections to existing infrastructure on -site and within the adjacent right- of-way. Sufficient water and wastewater treatment capacities are available. Adequate downstream wastewater system capacity must be confirmed at the time of development permit ((Site Development Plan (SDP) or Plans and Plat (PPL)) review through a thorough engineering analysis, which will be discussed at a mandatory pre -submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. As stated in subsection 5.6 of the PUD document, any improvements to the Collier County Water -Sewer District's wastewater collection/transmission system necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the Collier County Water -Sewer District at no cost to the County at the time of utility acceptance. School Board Review: At this time there is existing or planned capacity within the next five -years for the purposed development at the elementary, middle, and high school levels. At the time of SDP or PPL, the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or in adjacent concurrency service areas. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 8 of 14 Packet Pg. 113 9.C.1 requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The Master Plan, located on page 3 of this Staff Report, depicts the area of proposed mixed -use (commercial and residential development). Residential development is permitted only in the eastern three-quarters of the PUD. An approximately 100-foot wide preserve area separates the area from the undeveloped Good Turn Center PUD to the north. A 170-foot wide FPL easement and an 80-foot wide conservation area along the eastern boundary separates the Hammock Park PUD from the McMullen MPUD to the east. To the south is Rattlesnake Hammock Road, an approximately 130-foot wide right- of-way and then the undeveloped commercial area of the Hacienda Lakes MPUD. To the west is an approximately 100-foot wide canal area and then Collier Boulevard, a 6-lane divided roadway, and then a developed commercial strip shopping center at Naples Lakes Country Club PUD. The proposed PUD boundary setback for the residential uses is 25 feet. (This does not include the area along the east boundary as there already is an FPL easement there.) The front yard, side yard, and rear yard setbacks are 10 feet, 5 feet, and 10 feet respectively. All other development standards are similar to the previously approved commercial development standards. The building height is the same, 50 feet zoned height. A minimum of 30% open space has been provided. The Developer has committed to providing a minimum of 48 rental units to Essential Service Personnel. A minimum of 27 of the 48 units will be income -restricted to households earning 100% of Collier County's median income. The development is required to provide a minimum of 20,000 square feet of commercial uses, of which a minimum of 5,000 square feet will be dedicated to Eating and Drinking Places, Restaurants (SIC 5812). Storage facilities, such as mini -storage and self -storage, are prohibited from the MPUD. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent with all applicable elements of the FLUE of the GMP. See Attachment C — FLUE Consistency Review. PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 9 of 14 Packet Pg. 114 9.C.1 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as developed and undeveloped commercial, and undeveloped continuing care retirement communities. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with mixed - use and residential land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change from commercial development to mixed -use development consisting of multi- family residential and commercial development will reduce the overall intensity of land uses allowed by the current PUD. Therefore, the proposed change will not adversely influence living conditions in the neighborhood. 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 roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 10 of 14 Packet Pg. 115 9.C.1 The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Amendment will not reduce light and air to adjacent areas inside or outside the PUD. 10. Whether the proposed change would adversely affect property values in the adjacent area. This 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 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 basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP and PPL approval process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed. However, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 11 of 14 Packet Pg. 116 9.C.1 was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 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. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process, and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this amendment will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings 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. Water distribution and wastewater collection mains are readily available along Rattlesnake Hammock Road and within the western portion of the PUD, and there are adequate water and wastewater treatment capacities to serve the proposed PUD as amended. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones 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. PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 12 of 14 Packet Pg. 117 9.C.1 Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The landscaping and buffering standards are compatible with the adjacent uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any SDPs or PPLs, are sought. The CCWSD has sufficient treatment capacities for water and wastewater services to the project. Conveyance capacities must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including readily available County water and wastewater mains, to accommodate this project. 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. PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 13 of 14 Packet Pg. 118 9.C.1 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 petitioner is not seeking any new deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on June 8065 Lely Cultural Parkway, Naples, Florida. along with the Agent's team and Applicant. Synopsis. COUNTY ATTORNEY OFFICE REVIEW: 19, 2019, at the South Regional Library located at Approximately 11 residents attended the meeting For further information, see Attachment D - NIM The County Attorney Office has reviewed the Staff Report for this petition on July 13, 2020. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20180002813, Hammock Park MPUD to the BCC with a recommendation of approval. Attachments: Attachment A - Proposed PUD Ordinance Attachment B - Previous Ordinances and Decisions Attachment C - FLUE Consistency Review Attachment D - NIM Synopsis Attachment E - Application Attachment F - Density Exhibit PUDA-PL20180002813 HAMMOCK PARK MPUD July 13, 2020 Page 14 of 14 Packet Pg. 119 9.C.2 ORDINANCE NO.20- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 07-30, THE HAMMOCK PARK COMMERCE CENTRE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), TO ALLOW UP TO 265 MULTI -FAMILY RENTAL DWELLING UNITS PLUS 80,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AS AN ALTERNATIVE TO 160,000 SQUARE FEET OF RETAIL AND OFFICE CURRENTLY ALLOWED; BY CHANGING THE NAME OF THE CPUD FROM HAMMOCK PARK COMMERCE CENTRE TO THE HAMMOCK PARK MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD); BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.13f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002813] WHEREAS, WILTON LAND COMPANY LLC, represented by Richard D Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Alexis Crespo, AICP of Waldrop Engineering, P.A., petitioned the Board of County Commissioners to amend the CPUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 07-30, is hereby amended for a 19± acre project to be now known as the Hammock Park Mixed -Use Planned Unit Development in accordance with the revised MPUD Document, attached hereto and incorporated by reference herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 20- becomes effective. [19-CPS-01859/1557661/1]152 Hammock Park\PL20180002813 Page 1 of 2 8/ 10/20 Packet Pg. 120 PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of 92020. ATTEST: CRYSTAL K. KINZEL, CLERK 0 Deputy Clerk Approved as to form and legality: V-1t o� Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - PUD Document [19-CPS-01859/1557661/11152 Hammock Park\PL20180002813 Page 2 of 2 8/10/20 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Burt L. Saunders, Chairman c a U L a Y 0 E E c� x M oo N 0 0 0 0 0 N J a N CD M Packet Pg. 121 9.C.2 PLANNED UNIT DEVELOPMENT DOCUMENT FOR Ip4armnlr.. . C-MPUD A COMMERCIAL MIXED USE PLANNED UNIT DEVELOPMENT Prepared by: T1T T T • INC. %, T Tj 1 • 11L30411€ • VkUll"ilgi • Ovil Eopncrring • Swirvin- A Mapping REVISED BY: HOLE • . _ INC. 950 ENCORE • r ■ . WALDROP ENGINEERING, P.A. 28100 BONITA GRANDE DR. #305 BONITA SPRINGS, FL 34135 AND COLEMAN. YOVANOVICH AND KOESTER. P.A. 4001 TAMIAMI TRAIL, SUITE 300 NAPLES, FL 34102 Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 1 of 20 Packet Pg. 122 9.C.2 HAMMOCK PARK COMMERGE GENTRE EMpUD TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Eommunit Commercial- Mixed Use Distr-iet SECTION IV Preserve Area SECTION V General Development Commitments SECTION VI Requested Deviations from the LDC i LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan EXHIBIT "A-1" Off -Premises Directional Sign Location i EXHIBIT 14C-1" Tower Locations 2 EXHIBIT "C-2" Tower Renderings 2 1. Approved in HEX decision 2014-28. 2. Approved in HEX decision 2016-42. D a U a 0 E E x M O N O O O 00 O N J a N O M Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 2 of 20 Packet Pg. 123 9.C.2 STATEMENT OF COMPLIANCE The development of approximately 20.23 19.13+/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Commer-eial Mixed Use Planned Unit Development to be known as Hammock Park Commer^e Gent-fe GMPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The retail commercial, office facilities, and multi-familyapartment development of the Hammock Park Commer-ee Gentfe EMPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub -district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the FLUE permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses, and multi -family apartment development. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the FLUE. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4-6 of the FLUE. 4. The project shall be in compliance with all applicable County regulations including the GMP. 5. All final development orders for this project are subject to the Adequate Public Facilities Ordinance, Code of Laws requirements of the Collier Cott,,*., band Deyei pmeR4 Code it DG), as amended,; as sot fefth i D hey 3.1 of the FLU 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the FLUE. 7. Where possible, Hammock Park C—emmel=ee GepAfz will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. The project will be served by a complete range of services and utilities as approved by the County Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 3 of 20 Packet Pg. 124 9.C.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Hammock Park Commer^e Gent o GMPUD. 1.2 LEGAL DESCRIPTION BMWIMMIN mr .. . • •� • • . �• . South Half (Sl/2) of the Southwest Quarter(SWI/4) of the Southwest Quarter(SWI/4) of Section 14, Township 50 South, Range 26 East, Collier County, Florida, LESS the West 100 feet, and LESS the land described in Warranty Deed filed in Official Records Book 4336, page 3 68 1, of the Public Records of Collier County, Florida. and The West Eigh , feet (80') of the South Half (Sl/2) of the Southeast Quarter (SE1/4) of the Southwest Quarter (SWI/4) of Section 14, Township 50 South, Range 26 East, Collier County, Florida, LESS the land described in Warranty Deed filed in Official Records Book 4336, page 3 68 1, of the Public Records of Collier County, Florida. Containing 20.2319.13 acres, more or less. Subject to easements, reservations or restrictions of record. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 4 of 20 Packet Pg. 125 9.C.2 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Wilton Land Company, ce tiler F,,n+4y 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map (FLUM). B. The property is currently vacant. The entire site has Hammock Park Commer^e Centre MPUD Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park C w,,,. er-ee ro�MPUD will include a mixture of land uses for retail commercials office, and multi -family partment land uses. The Hammock Park r-+,,,..,,... er-ee ro�MPUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A", EMPUD Master Plan. A Land 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park C .,..mer-ee Geftt fe Conceal Mixed Use Planned Unit Development Ordinance" Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 5 of 20 Packet Pg. 126 9.C.2 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PURPOSE c D a. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in a the project, as well as other project relationships. 0 GENERAL E E x A. Regulations for development of the Hammock Park Comme'-ee Ge tT-e GMPUD shall 00 be in accordance with the contents of this Document, GMPUD - Goal Mixed c Use Planned Unit Development District, applicable sections and parts of the LDC and o GMP in effect at the time of site development plan approval filial loeal development c order bui lding ��ildi g „ef��e-ation. Where these regulations fail to provide � developmental standards, then the provisions of the most similar district in the LDC a LO shall apply. M B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions c set forth in the LDC in effect at the date of adoption of this PUD. o C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Ge mer-ee ro�MPUD shall become part of the regulations that govern the manner in which the GMPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this GMPUD remain in full force and effect. PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", GMPUD Master Plan B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended, or as otherwise permitted by this GMPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the properly, as may be necessary. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 6 of 20 Packet Pg. 127 9.C.2 2.4 LAND USE A. Exhibit "A", EMPUD Master Plan, constitutes the required EMPUD Development Plan. Except as otherwise provided within this EMPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LDC. 2.6 SIGNS Signs shall be in accordance with the LDC, as amended except as provided herein and under Section 6.1. "Sign Deviations."! A. One (1) off -premises directional sign for the Hacienda Lakes PUD/DRI shall be permitted in the northeast quadrant of the intersection of C.R. 951 and Rattlesnake Hammock Road, as depicted and labeled per Exhibit A- 1. This off -premises sign shall be allowed in addition to other signage allowed by the LDC. The off -premises sign shall contain only the name of the overall project and the insignia or motto of the entire development.! B. The off -premises directional sign for the Hacienda Lakes PUD/DRI shall be no greater than 13 feet in height, and total square footage of all sign copy areas (name of the project and insignias or mottos) shall not exceed 38 square feet (see Deviations #1 and #2 under Section 6.1. "Sign Deviations")) 1. Approved in HEX decision 2014-28. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 7 of 20 Packet Pg. 128 9.C.2 SECTION III COMMUNITY COMMERCIAL -MIXED USE DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park r,,.,, ner-ee Ceatro rMPUD designated on Exhibit "A", EMPUD Master Plan as C/MU, "Commercial/Mixed Use". 3.2 GENERAL DESCRIPTION A. There is one area designated as C/MU, "Commercial/Mixed Use" on the Master Plan. This "Commercial/Mixed Use" area is intended to accommodate different ranges of retail and office uses, multi -family rental dwelling units, essential services, and customary accessory uses. A maximum of 80,000 square feet of commercial plus 265 multi -family rental residential dwelling units, or 160,000 square feet commercial only shall be permitted in the locations depicted on Exhibit `A' PUD Master Plan. All uses are subject to the trip cap in Section 5.5.N. B. The approximate acreage of the "Commercial/Mixed Use" parcel is as follows: Parcel: Acreage: Use: Tract 1 19.130-5± Retail/Office/Multi-Family Right-of-way outside of development area 1.18± Right-of-way Total 19.13249-.2-3f Actual acreage of all development tracts will be provided at the time of Site Development Plan ^r Pr-eli inaf . r4divisie Pla approvals in accordance with the LDC, as amended. Commercial/Mixed Use tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park r,,., ffne,-ee ro�'MPUD, up to a maximum of one hundred sixty thousand (160,000) square feet of retail and office uses are allowed subject to Section 3.2.A. Land uses for the development may be permitted as generally outlined below and subject to the trip cap in Section 5.5.N. 3.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993, Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 8 of 20 Packet Pg. 129 9.C.2 7997, 7999) 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. 5. 6. 7. 8. 9. 10 11 0 Auto and home supply stores (Group 5531) a U Building construction - general contractors (groups 1521-1542). a Building materials, hardware, garden supply (Groups 5231, 5251, 5261) C E E Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, _ 7371-7379, 7384, 7389) 00 N O Communications (Groups 4832, 4833) o 0 Construction - special trade contractors (Groups 1711-1793, 1796, 1799) -J a. LO Depository institutions (Groups 6011-6099) M Eating and drinking places (Groups 5812, 5813 except contract feeding, food service an c industrial feeding) o 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 14. Funeral service and crematories (Group 7261) 15. Gasoline service stations (5541 subject to the provisions of the LDC) 16. General merchandise stores (Groups 5311, 5331, 5399) 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719,5722,5731,5734,5735,5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) 22. Insurance agents, brokers and service (Group 6411) Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 9 of 20 Packet Pg. 130 9.C.2 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right -of- way line of C.R. 951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Multi -family rental dwelling 2919. Non -depository credit institutions (Groups 6141, 6159, 6162, 6163) 2-930. Offices (All Groups) 310. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 324-. Restaurants (All Groups) 3-23. Real estate (Groups 6531, 6541, 6552) 334.Social services (Group 8351) 345.United States Postal Service (Group 4311) 3-56. Veterinarian's office (Group 0742, except no outside kenneling) 367. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.5 DEVELOPMENT STANDARDS (COMMERCIAL) A. Minimum lot area: Ten thousand (10,000) square feet. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 10 of 20 Packet Pg. 131 9.C.2 B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. 4. Preserve: Twent,-five (25) feet Principal, Ten (10) feet Accessory) D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be in accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. I. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 11 of 20 Packet Pg. 132 9.C.2 and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. L. The two accessory tower structures described in Deviation 3 shall have a minimum PUD perimeter setback of ten (10) feet, and a maximum actual height of thirty (30) feet for the southern tower and maximum actual height of fifteen (15) feet for the northern most tower.l Approved in HEX decision 2016-42. 3.6 DEVELOPMENT STANDARDS (RESIDENTIAL) PRINCIPAL STRUCTURES MULTI -FAMILY Min. Lot Area 1 acre Min. Lot Width N/A Min. Lot Depth N/A Front Yard(') 10 feet Side Yard 5 feet Min. Lake Maintenance Easement Tract Setback 0 feet Min. Setback from FPL Easement 0 feet Min. PUD Boundary Setback, excluding boundary abutting 25 feet FPL Easement Min. Distance Between Buildings 20 feet Rear Yard 10 feet Preserve 25 feet MAXIMUM HEIGHT Actual Zoned 60 feet 50 feet ACCESSORY STRUCTURES Front Yard SPS Side Yard SPS Rear Yard 5 feet Preserve 10 feet MAXIMUM HEIGHT Actual Zoned SPS SPS Footnotes: (1) Front setback is measured from the edge of pavement or back of curb except for public roads. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Property owners' association boundaries shall not be utilized for detenninin development evelopment standards D a U L a 0 E E c� x M 0 N O 0 0 0 0 N J a LO N O M Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 12 of 20 Packet Pg. 133 9.C.2 4.1 4.2 SECTION IV PRESERVE AREA PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve B Area on Exhibit "A", EMPUD Master Plan. The primary function and purpose of this Tract is v to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. a USES PERMITTED E E M No building or structure or part thereof, shall be erected altered or used, or land used, in whole M or in part, for other than the following, subject to the issuance of regional, state and federal � permits, when required: c 0 0 A. Permitted Principal Uses: N J a. 1) Nfftuf-t—apPreserves. LO N 0) B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 13 of 20 Packet Pg. 134 9.C.2 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2 GENERAL A. All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final S", iyis;en Plats, and all applicable State and local laws, codes, and regulations applicable to this EMPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, as amended, shall apply to this project even if the land within the EMPUD is not to be platted. B. , shall be responsible for the eommitments outlined in this Doeument. The developer-, his sueeessor- and assigns, shall follow N4aster- Plan and the r-egulations of the CPUD as adopted, and any other- eonditions of modifieations as may be agreed to in the rezoning of the pr-opefty. in addition, alfty stiEcess .- I of the developer are bo the eommitmei#s- withinthi� agreement One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is the Wilton Land Company, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiencyby the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing E�ntit, shall written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Pursuant to Section 125.022(5) F.S.. issuance of a development hermit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. D. All other applicable state or federal hermits must be obtained before commencement of the development. Hammock Park MPUD - PUDA-PL20180002 Last Revised: August 7, 2 Page 14 of 20 Packet Pg. 135 9.C.2 E. A recorded and documented notification to residential renters or owners will be provided in all contracts to purchasers, renters, or leases, regarding the location of the Swamp Buggy Grounds, 5.3 PUD MASTER PLAN A. Exhibit "A", EMPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as site development plan approval. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all sewer utilities and all common areas in the project. 5.4 WATER MANAGEMENT A. Excavation permits shall be required for the proposed lakes in accordance with the LDC, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services staff 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. Commitment Completed 5.5 TRANSPORTATION A. The developer shall provide a fair share payment toward the capital improvements at the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur at the time of first Certificate of OccupancL,,,4hi 90 days of .o, est f said parment by Collier- Coui ty B. E The project entry from CR 951 shall be located at the northwest comer of the property and designed to provide shared access with the parcel to the north. All necessary dedications and easements shall be provided with the application for first development order. C. 1, Following zoning approval, interconnections as shown on the Master Plan shall be designed Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 15 of 20 Packet Pg. 136 9.C.2 and accommodated on the appropriate development order phase that may occur, or as directed by the Transportation Division. . re�e�re!�r.':e!! ._ r:*ss.re�s..... Will - - - driveways, G. K—. The developer shall convey right-of-way along the project's south property line for the future E extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County. The dedications shall be provided no later than the earlier of (1) first issuance of r the first certificate of occupancy with respect to this Development, or (2) within 365 days of a Q written request from Collier County. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and 11 on Exhibit A, GMPUD Master Plan, if necessary, to obtain termination of such Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 16 of 20 Packet Pg. 137 9.C.2 5.6 5.7 easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. Commitment Completed H. JT The developer shall construct, at its sole expense, the canal crossing suitable for expansion and consistent with a four -lane design for the north half of the Rattlesnake Hammock future extension approach to CR 951. The canal crossing shall include all appropriate turn lanes. Commitment Completed o D a. I. M-. Should the developer permit a driveway on the Rattlesnake Hammock Road extension Y less than 600 feet from the intersection of Collier Boulevard, the County, at its sole a discretion, may reduce the access point to a "right in" only if the County determines that ,c the access point has an impact on health, safety, and welfare or traffic circulation. This E reduction, if required, shall be at the developer's expense with no claim for damages to E the County. Commitment Completed = J. The maximum total daily trip generation for the PUD shall not exceed 577 two-way PM peak hour M - net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of c aqpplication for SDP/SDPA approval. 00 K. Bridges providing pedestrian or vehicular traffic to the project will be brought (if existing, to a County standards by the petitioner Wilton Land Company LLC) or its successor at a time of Site Development Plan approval. Unless County establishes a funding mechanism or County otherwise N agrees, owner as shown on the right-of-waypermit shall own and maintain the bridges that provide °i vehicular or pedestrian access to the MPUD. Z_ UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County Ordinance and other applicable County rules and regulations. B. Downstream wastewater system capacity is available for a commercial only project. Downstream wastewater system capacity must be confirmed at the time of development permit (SDP) review for a mixed -use project. The capacity for a mixed -use project will be discussed at a mandatory pre -submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water -Sewer District's wastewater collection/transmission system necessary to provide sufficient capacity to serve a mixed -use project will be the responsibility of the developer to design, permit, and construct and will be conveyed to the Collier County Water -Sewer District at no cost to the County at the time of utilities acceptance. ENGINEERING A. Except as otherwise provided within this EMPUD Document, this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 17 of 20 Packet Pg. 138 9.C.2 5.8 B. The subdivision of property into three (3) or more parcels, shall conform with applicable laws pertaining to platting. BUFFERS The Hammock Park Gemmer-ee Ger*re OMPUD shall provide perimeter buffering consistent with the following table: Direction Adjacent Use Buffer Type North: Vacant Mixed Use zoned land i��PER LDC AT TIME OF SDP OR PLA' South: Rattlesnake Hammock/Sports Park Rd. L'� PER LDC AT TIME OF SDP OR PL, East: Vacant Mixed Use Zoned hand iiAL PER LDC AT TIME OF SDP OR PLA West: CR 951 and canal "D" PER LDC AT TIME OF SDP OR PLAT 5.9 ENVIRONMENTAL A. The developer shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. B. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. D:C. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this EMPUD Document. L—D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council shall be removed from within the preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. F-.E. A Preserve Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. 0 D a U L a 0 E E x M 00 N 0 0 0 00 r O N J a LO N M r Hammock Park MPUD - PUDA-PL20180002 Last Revised: August 7, 2 Page 18 of 20 Packet Pg. 139 9.C.2 F. The subject site will provide 1.63 acres of native vegetation preserve. The native vegetation preservation requirement will be satisfied on -site in accordance with the Land Development Code. Any replanting of native vegetation to meet preserve standards shall comply with all requirements set forth in LDC Section 3.05.07.H. G. Existing vegetation in the conservation easement along the east may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In the event that a Type `B" buffer is required along the east boundary, a minimum 6-foot-wide reservation located outside of the existingveizetation in the conservation easement along the east will be convey owner to a homeowner's association, property owner's association or condominium association at time of SDP approval. In the event that the existing vegetation in the conservation easement along the east does not meet the buffer requirement after removal of exotics and supplemental planting in accordance with LDC Section 3.05.07, the owner will install landscape material in the reservation to meet the buffer requirements. H. Prior to the initiation of construction activities, the developer will coordinate with Collier County and the USFWS with respect to the bald eagle nest regarding applicable guidelines and permitting requirements as described in the USFWS National Bald Eagle Management Guidelines (USFWS 2007 . 5.10 MISCELLANEOUS A. Developer shall make 48 units available for rent for Essential Service Personnel (ESP,) only. A minimum of 27 of the 48 units will be income restricted to households earning 100% of Collier County's median income. The income -restricted units will be offered for rent for a period of 30 years to ESP persons in the amount of the most current Collier County Board -approved Table of Rental Rates that establish the rental limits for the low-income category based on the number of bedrooms in the unit. B. The development is required to provide a minimum of 20,000 square feet of commercial uses, of which a minimum of 5,000 square feet shall be dedicated to Eating and Drinking Places, Restaurants (SIC 5812 . C. Storage Facilities, such as mini -storage or self -storage, shall be prohibited from this MPUD. D. One (1) Transfer of Development Right (TDR)per acre shall be required. Hammock Park MPUD — PUDA-PL20180002 Last Revised: August 7, 2 Page 19 of 20 Packet Pg. 140 9.C.2 SECTION VI1 REQUESTED DEVIATIONS FROM THE LDG 6.1 DEVIATIONS'' A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum of 38 square feet in sign area (total square footage of all sign copy areas, including the name of the project and insignias or mottos), rather than 12 square feet as limited in the LDC.'- B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have anaximum height of 13 feet above the lowest center grade of the roadway adjacent to the sign location, rather than 8 feet as limited in the LDC.1 C. Deviation #3 seeks relief from LDC Section 4.02.03.A, which requires accessory structures to be constructed simultaneously with or following the construction of the principal structure, to instead allow accessory structures to be constructed prior to construction of the principal structure. This deviation shall apply only to the two (2) accessory tower structures at the location depicted on Exhibit C-1, "Tower Locations," and further shown on Exhibit C-2, "Tower Renderings."z 1. Approved in HEX decision 2014-28. 2. Approved in HEX decision 2016-42. 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(TYP.) I I SUBJECT ' I PROPERTY 1 I 10.5' 9.C.2 I I I PROPOSED HACIENDA LAKES OFF -PREMISES DIRECTIONAL SIGN 1 I 1 �wwww�wwww 10' UTILITY - - EASEMENT - b� ------------ L 11.4' 1 RATTLESNAKE HAMMOCK ROAD 133' WIDE 1 RIGHT-OF-WAY 1 950 Enoory Way No2FL4 34110 —2000Phony. 25 wo FloGrflo of DaBf69mpAuthorlzaon No.1772 H 1 EXISTING HACIENDA LAKES BOUNDARY MARKER SIGN HACIENDA LAKES PUD / DRI 1 1 I OFF -PREMISES DIRECTIONAL SIGN LOCATION 0 401 SCALE IN FEET a U Y a O E E x M co N O O O co O N J a Lo N O M CHDX0 sY r PRO&CT No. R.Y. 2014.048 DRANK BY: CAD FAZ NAME im EXH-.Al DATE : EXHIBIT - ITEM oa - Packet Pg. 145 panda Wd MOOMuaeH £68Z0008MId GNU) OZ0480 - eoueuipio posodoad-d;u8wLj3 lv 4uauayoel;y � N u C1 • o d J a a - U � N 41 - w 7- Ln U Q Lu J D O m ry Lu J J O U CR 951 ROW 1 PREPARED FOR: PROPOSED ACCESSORY STRUCTURE (TOWER - 15HEIGHT) 10.0' SETBACK MPUD BOUNDARY f (TYP.) 100.0' CANAL ROW PROPOSED ACCESSORY STRUCTURE (TOWER - 30' HEIGHT) RATTLESNAKE HAMMOCK RD. HAMMOCK PARK MPUD EXHIBIT C-I "TOWER LOCATIONS" WILTON LAND COMPANY, LLC IMENGINEERING INEERING I PLANNING LANDSCAPE ARCHITECTURE 28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135 P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldrapengineering—in I 9.C.2 I 3 a 1 0 W N CD In m 0- c N U s X W d rn CID c rn U) 0 Aluminum Panel Rnnf with Rafter I Inset Shutter Stucc< Cast Star Shutter Stone Secondary Tower Concept Alkj linum Panel Roof with Rafter Details Inset Shutter Detail �# Stucco Finish Cast Stone Trim Shutter Stone 4-F 30' Tower Concept I HAMMOCK PARK MPUD EXHIBIT C-2 "TOWER RENDERINGS" PREPARED FOR: WILTON LAND COMPANY, LLC 0 E 0 co 0 d U Y L :i O E E M x M O N O O O O O N J a N M r "DESIGNS ARE SUBJECT TO CHANGE AT TIME OF APPROVAL r-1 rn r� IMENGINEERINI NEERING I PLANNING LANDSCAPE ARCHITECTI 28100 BONITA GRANDE DRIVE - SURE 305 BONITA SPRINGS, FL 34135 P: 239-405-7777 F: 239-405-7899 EMAIL: inf Packet Pg. 147 9.C.4 CiO�BY `i07ilYxt� Growth Management Department Zoning Division/Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA # 1244, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner, and David Weeks, AICP, Growth Management Manager Comprehensive Planning Section, Zoning Division Date: February 10, 2020 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: Planned Unit Development Amendment (PUDA) - PL20180002813 - REV 5 PETITION NAME: Hammock Park MPUD REQUEST: The applicant has requested a name change with this petition from Hammock Park Commerce Center CPUD to Hammock Park Mixed Use Planned Unit Development (MPUD) with submittal 2. The petition is requesting to amend the Hammock Park MPUD, previously approved by Ordinance #00-79, as amended, to add a maximum of 265 multi -family rental dwelling units as a permitted use within the PUD. The existing CPUD permits up to 160,000 square feet of a variety of office, retail and personal service uses. However, if the dwelling units requested with this petition are developed, the maximum square feet of non- residential uses would be limited to 148,500 square feet, so as not to exceed the existing trip count currently approved (trip cap = 577 two-way PM peak hour net trips). Submittal 2 has clarified on the Master Plan and in the revised Environmental Report that there will be 1.66 acres of preserve under a conservation easement. Submittal 2 revised the Statement of Utility Provisions, the PUD document, boundary survey, and the ownership information. Submittal 3 has corrected the required and provided Preserve area to 1.63 acres on the Master Plan, but still reads in the PUD Section 5.9 Environmental F. as 1.66 acres (therefore appearing to be inconsistent.) Submittal 3 addressed other environmental review comments in the revised PUD document and addressed public utilities comments by revising the Statement of Utility Provisions. Submittal 3 has revised the Master Plan to respond to zoning and landscape review comments. Submittal 4 has revised the PUD document for preserve acreage (1.63 acres throughout), utilities easements, and the Conservation Easement, as well as modified the Master Plan to show access easement. Submittal 4 revised the PUD, Master Plan and added an Amendment to Bridge and Entrance Drive Construction and Easement Agreement. LOCATION: The f19.13-acre site is located at the northeast corner of the intersection of Collier Blvd. (CR 951) and Rattlesnake Hammock Road (CR 864), in Section 14, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Mixed Use Activity Center Subdistrict #7/Urban Residential Fringe Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. This site is currently zoned Hammock Park Commerce Centre CPUD; however, this petition will revise the zoning to Hammock Park MPUD zoning district. The Future Land Use Element (FLUE) states, "The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 .239-252-2400 Page 1 of 3 Packet Pg. 148 9.C.4 points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human -scale, to be pedestrian -oriented, and to be interconnected with abutting projects — whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged." Within the Mixed Use Activity Center Subdistrict, the FLUE states, "If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict." Residential land uses in the Urban Residential Fringe Subdistrict may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (TDR, transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands. This provision allows a maximum density of 2.5 DUs/acre. The maximum density as described above will only allow for 48 DUs (19.13ac * 2.5DU/a = 47.825 DUs). The applicant is requesting 265 multi -family dwelling units, which is contingent on the companion Growth Management Plan Amendment (PL20180002804/CP2018-8). The GMPA is requesting text be added to allow 265 residential units on the subject site, yielding a density of 13.85 DU/A (265 DUs / 19.13 A =13.85 DU/A), and without use of TDR credits. In reviewing for compliance with Policy 5.6 (shown in italics below) of the Future Land Use Element (FLUE) staff provides the following analysis in [bracketed bold text.] FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety.] In reviewing for compliance with FLUE Objective 7 and related Policies (shown in italics), staff provides the following analysis in [bracketed bold text]. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [`Exhibit A, MPUD Master Plan' in the petition packet, depicts three access points: two onto Rattlesnake -Hammock Road (Extension), a road not yet shown on the FDOT Federal Functional Classification Map — which serves as a collector road, and one on an unnamed future to be constructed road at the northern boundary of the proposed project site that will give indirect access to Collier Blvd. (CR951), which is a principal arterial roadway.] FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [`Exhibit A — MPUD Master Plan' shows only existing roads and driveway accesses, no internal roads are depicted. If developed as multiple tracts, all would be accessed internally.] FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [`Exhibit A - MPUD Master Plan' indicates an interconnection point to the north with the adjoining property, the Good Turn Center MPUD, which is currently undeveloped land approved for 100,000 square feet of commercial or a variety of skilled nursing units. To the east lies the McMullen MPUD which is approved for 185,000 square feet of commercial. To the south of the project site lies Rattlesnake -Hammock Road and to the west lies Collier Blvd.] Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 .239-252-2400 Page 2 of 3 Packet Pg. 149 FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [There is an existing sidewalk along Collier Blvd. The Exhibit A - MPUD Master Plan does not depict any details of sidewalks, open spaces, civic facilities, or housing details. The proposed residential for this development is for high density multi -family dwelling units. The revised PUD document details the preserve area in Section 4 to itemize passive recreation activities as accessory uses in the preserve. No deviations are requested for sidewalks, therefore the project will be subject to L.D.C. requirements for sidewalks.] CONCLUSION: Based on the above analysis, staff finds the subject petition NOT consistent with the FLUE; however, the petition may be deemed consistent IF the companion GMP amendment is adopted and becomes effective. The PUDA Ordinance needs to contain an effective date linked to the effective date of the companion GMPA. Petition on CityView cc: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDA-PL2018-2813 Hammock Park MPUD R5.docx Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 .239-252-2400 Page 3 of 3 Packet Pg. 150 9.C.5 IAIENGINEERING PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE Memorandum To: Nancy Gundlach, PLA, AICP & Sue Faulkner From: Lindsay Robin cc: David Torres, Wilton Land Company, LLC BONITA SPRINGS Tampa Orlando Sarasota 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 P. (239) 405-7777 f. (239) 405-7899 Richard Yovanovich, Esq., Coleman, Yovanovich & Koester Date: June 27, 2019 Subject: Hammock Park PUDA & GMPA (PL20180002904 & PL20180002813) Neighborhood Information Meeting Synopsis Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, June 19, 2019. The meeting was held at 5:30 p.m. at the South Regional Library at 8065 Lely Cultural Pkwy., Naples, Florida 34113. The sign -in sheet is attached as Exhibit "A" and demonstrates 11 residents were in attendance. Handouts were distributed providing the project overview and development regulations. The handouts are attached as Exhibit "B". Alexis Crespo (Agent) conducted the meeting with introductions of the consultant team and Staff, and an overview of the proposed GMPA and PUD amendment applications, including the location of the 19-acre subject property and the request to add a maximum of 265 multi -family (apartment) dwelling units, with a maximum of 148,500 square feet of commercial as an option for development. She also outlined the amendment processes and opportunities to provide input at public hearings. David Torres, the Applicant, also spoke about the project and provided input on details relating to the surrounding residential developments in proximity to the subject area, and the market demand to create a mixed -use project on this intersection. Following the Consultant's presentation, the meeting was opened up to the attendees to make comments and ask the consultant team questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. The Applicant's representatives' responses are shown in bold. 1 of 3 Packet Pg. 151 9.C.5 Question/Comment 1: You've only reduced the commercial by a few thousand square feet. How does that equate to 265 multi -family units? Response: The reduction of commercial does equate to the same number of trips as 265 multi -family units. Commercial uses produce significantly more trips than residential uses. [the project traffic engineer provided further explanation on the traffic study]. It was also pointed out that in reality, you will not be able to fit all of the residential and commercial on the property. Question/Comment 2: Will the residential element of this development be similar to residential developments the owner has constructed previously? Response: It will use similar building designs, but with updated exteriors and facades. Question/Comment 3: What type of consumer and income groups are you trying to attract? Will this be apartments or condominiums? Response: There were some zoning commitments relating to "Essential Service Provider" Housing that were attached to our previous residential developments on Lord's Way that will not be committed to in this project. Question/Comment 4: So, you're thinking apartments versus condominiums? Response: Apartments. Even though the code defines multi -family as multi- family regardless of the use. Question/Comment 5: Is there enough demand for commercial uses such as restaurants? Response: There's currently not enough demand in the area yet. Adding apartments will create more demand. Question/Comment 6: Commissioner Fiala commented on the commercial branding that real estate agents are using to brand their developments in this area of Collier County as "South Naples". She noted the residents are proud of the East Naples area and would like to keep that naming intact. Response: We recognize the conditions out here. A lot of it goes back to large companies signing leases, and they are looking at the numbers. Being on the east side can hurt us because we are on the fringe. 2of3 Packet Pg. 152 9.C.5 Question/Comment 7: What is the business "success" factor that would entice national restaurant brands to come to the area? Is the success rate of certain restaurants factored in? ➢ Response: Absolutely, and it speaks well all the success on US 41, particularly the national chains like Outback and Carrabas. Sue Faulkner asked the Applicant to clarify if the dwelling units proposed are rental or "for sale" multi -family units. Alexis clarified that the zoning limits the multi -family units to rental apartments. There were no further questions or comments. Ms. Crespo thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. The meeting concluded at approximately 6:30 p.m. The meeting was recorded per the CD attached as Exhibit "C". 3 of 3 Packet Pg. 153 (andO Ved MoouauaeH £48Z000S -ld : GMEO sisdouAS WIN )Ped IiOOW aeH-a;uauayoe;;d :;uGwLjoe4jv U ci W V _Z W w 5 0 O O O m rr V W Z O N O 00 T11- J Y EJ oa CO W �U H M Z O 2 N a aj W ^- W 4 �a In dea c LM � u EE u C O O 0 L � o.o 0 ` �, a� o O` w v E w c 0�L r = ) w c c O 0 L f0 a 3 0 •fe Yf � � IA 0 Y3 m �= V,� mEY3 LL 3 c u c c ar � m � L 0 r 0o c c c L p u W 'a 3 L E o' tw u 0 E to = ; auS 9 E w m w c W 'C C Q gyp p. f0 E u ` 2L � � r > amO �� r :Ej t0 r C0 Q N W Cr u W r w Z O u Y 3 to 'o u O C 0 d 7 O u 7 O u `J O. >- a0-. u m C N O r > > w a 'y L m G! > u, f0 � r ,A IA > L u, C O " LM u 0 O y C 10 N aL. O m L L m = '3 E c wL m C N m 4) L u N L a W V Q F- V t V :Z zCo �a Z 1 a m m a EXHIBIT "B" 9.C.5 I , ' , BONITA SPRINGS Tampa Orlando Sarasota AIENGINEERING 26100 Bonita Grande Dr, Suite 305, Bonita Springs, FL 34135 PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE P. (239) 405-7777 F. (239) 405-7899 Hammock Park MPUD - PL20180002813 & PL20180002804 Neighborhood Information Meeting Wednesday, June 19, 2019 a 5:30 p.m. Y L R a. Y :i PROJECT INFORMATION SHEET E E M Project Size: 19+/- Acres N 0 0 0 Future Land Use: Urban Residential Fringe Subdistrict, Mixed Use Activity o cm Center Cl- to Current Zoning: Commercial Planned Unit Development (CPUD) Proposed Zoning: Mixed -Use Planned Unit Development (MPUD) Approved Density/Intensity/Uses: 160,000 sq. ft. commercial uses Proposed Density/Intensity/Uses: 265 multi -family dwelling units and up to 148,500 sq. ft. of commercial uses Project Requests: (PL20180002804) a Growth Management Plan Amendment (GMPA) for a site -specific text amendment to the Future Land Use Element, Mixed Use Activity Center #7, to allow up to 265 multi -family dwelling units within the Hammock Park project, along with the permitted commercial uses - (PL20180002813) PUD Amendment to the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD) to add a maximum of 265 multi- family dwelling units as a permitted use; reduce the maximum intensity of non- residential uses from 160,000 sq. ft. to 148,500 sq. ft.; and to change the name of the CPUD from Hammock Park Commerce Centre CPUD to Hammock Park Mixed Use Planned Unit Development (MPUD). Packet Pg. 155 9.C.5 BONITA SPRINGS Tampa Orlando Sarasota IAIENGINEERING 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE p. (239) 405-7777 f. (239) 405-7899 Hammock Park MPUD PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Amusement and recreation services, Indoor only (Groups 7911- 7941, 7991, 7993, 7997, 7999) 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Auto and home supply stores (Group 5531) 5. Building construction - general contractors (groups 1521-1542). 6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 8. Communications (Groups 4832, 4833) 9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions (Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 14. Funeral service and crematories (Group 7261) 15. Gasoline service stations (5541 subject to the provisions of the LDC) 16. General merchandise stores (Groups 5311, 5331, 5399) Packet Pg. 156 9.C.5 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719,5722,5731,5734,5735,5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) 22. Insurance agents, brokers and service (Group 6411) 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right -of- way line of C.R. 951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Multi-familv rental dwellina units. 296. Non -depository credit institutions (Groups 6141, 6159, 6162, 6163) 2-930. Offices (All Groups) 310. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 324. Restaurants (AllGroups) 323. Real estate (Groups 6531, 6541, 6552) 3-34.Social services (Group 8351) 345.United States Postal Service (Group 4311) 356. Veterinarian's office (Group 0742, except no outside kenneling) 367. Any other use which is comparable in nature with the foregoing uses Packet Pg. 157 9.C.5 may be permitted subject to the procedures set forth in the LDC, as amended. ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. DEVELOPMENT STANDARDS (COMMERCIAL) A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. 4. Preserve: Twenty-five (25) feet D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be in accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. Packet Pg. 158 9.C.5 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. L. The two accessory tower structures described in Deviation 3 shall have a minimum PUD perimeter setback of ten (10) feet, and a maximum actual height of thirty (30) feet for the southern tower and maximum actual height of fifteen (15) feet for the northern most tower.? Packet Pg. 159 9.C.5 DEVELOPMENT STANDARDS (RESIDENTIAL) PRINCIPAL STRUCTURES MULTI -FAMILY Min. Lot Area 1 acre Min. Lot Width N/A Min. Lot Depth N/A Front Yard 10 feet Side Yard 5 feet Min. Lake Maintenance Easement Tract Setback 0 feet Min. Setback from FPL Easement 0 feet Min. PUD Boundary Setback, excluding boundary 25 feet abutting FPL Easement Min. Distance Between Buildings 20 feet Rear Yard 10 feet Preserve 25 feet MAXIMUM HEIGHT Actual Zoned 60 feet 50 feet ACCESSORY STRUCTURES Front Yard SPS Side Yard SPS Rear Yard 5 feet Preserve 10 feet MAXIMUM HEIGHT Actual Zoned SPS SPS Footnotes: (1) Front setback is measured from the edge of pavement or back of curb except for public roads. (2) Approved in HEX decision 2016-42. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines. or between structures. Condominium. and/or homeowners' association boundaries shall not be utilized for determining development standards 0 M IL c.� Y IL 0 E E 0 x M oo N O 0 0 00 0 N J IL In N as M T MA 0. 0 c rn z L IL 0 E E 0 c m E t 0 .r Q c d E t U 0 a Packet Pg. 160 Naples Lakes Country Club Net Density: 7.45 du/acre Gross PUD Density: 1.67 du/acre IJ ,: Hammock Park Proposed PUD _ Density: 13.85 du/acre Sierra Meadows Net Density: 17.6 du/acre Gross PUD Density: 4.95 du/acre R�lw `t Hacienda Lakes Tract E "C" Permitted for 135 hotel rooms r m 4ry, 9.C.7 Milano Lakes Net Density: 12.3 du/acre Gross PUD Density: 4.3 du/acre y� Lord's Way 1 Gross PUD Density: 2.5 du/acre .- o Good Turn Center Permitted for 200 care units - 0, N 0 Watercrest (beds) Net "Density": 16.45 du/acre Gross PUD Density: 8 du/acre Hacienda Lakes Tract "R/MU" permitted for multi- famil uses as • L �N, X 1. a a� Esplanade Naples at Hacienda Lakes Q Density: 3 du/acre U. Gross PUD Density: 0.78 du/acre E - K i Naples RV Resort Gross Density: 10.2 du/acre Aster at Lely Resort rgeo'c',edge E Net Density: 16.7 du/acre os PUD U Gross PUD Density: 3.1 du/acre nsity: 5.23 du/acre Q AIWALDROP Hammock'. ENGINEERING--- wa d.oP. 9, e.., H om Net Density Exhibit PLANNING CIVIL ENGINEERING LAN -APE ARCHRECTNRE prepared for: Packet Pg. 161 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE(S) 9.C.8 Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 13, 2020 commencing at 9:00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO AMEND THE URBAN MIXED USE ACTIVITY CENTER #7 TO ALLOW UP TO 265 MULTI -FAMILY RESIDENTIAL RENTAL DWELLING UNITS IN THE HAMMOCK PARK MIXED -USE PLANNED UNIT DEVELOPMENT IN ADDITION TO COMMERCIAL DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.13t ACRES. [PL20180002804] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 07-30, THE HAMMOCK PARK COMMERCE CENTRE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), TO ALLOW UP TO 265 MULTI -FAMILY RENTAL DWELLING UNITS PLUS 80,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AS AN ALTERNATIVE TO 160,000 SQUARE FEET OF RETAIL AND OFFICE CURRENTLY ALLOWED; BY CHANGING THE NAME OF THE CPUD FROM HAMMOCK PARK COMMERCE CENTRE TO THE HAMMOCK PARK MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD); BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.13t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180002813] ' All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE(S) will be made available for inspection at the GMD Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M. and 5:00 PM., Monday through Friday. Furthermore, the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to October 13, 2020 will be read and considered at the public hearing. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercount dl.aov. Any person who decides to appeal any decision of the Collier County Board of County Commissioners will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER z a v r m to Z m H n O 3 m 0 z m w 0 of m v m K co m A N W N 0 N O V a By: Ann Jennejohn Deputy Clerk (SEAL) ND-GCIN96582-01 Packet Pg. 162 9.C.9 CYK COLEMAN I YOVANOVICH I KOESTER June 26, 2020 Heidi Ashton-Cicko, Esquire Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive Naples, FL 34104 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 T:239.435.3535 1 F:239.435.1218 RE: Hammock Park PUD (PL20180002813) Hammock Park GMPA (PL20180002804/CP-2018-8) Dear Ms. Heidi: This firm represents Wilton Land Company, LLC for the above PL applications. Wilton Land Company, LLC elects to proceed with hybrid virtual public hearings of the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) during the declared emergency and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearings. Sincerely, Richard D. Yovanovich, Esq. Enclosures cc: David Torres, Wilton Land Company, LLC cyklawfirm.com a e I o Packet Pg. 163 '101,`1'L73 i¢ rs�67 ORDINANCE NO.2000- 7 9 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0614S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "HAMMOCK PARK OF COMMERCE", LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.15+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Mitchel A. Hutchcraft of Vanasse & Daylor, LLP, representing John B. McMullen, 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: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultpral to "PUD" Planned Unit Development in accordance with the Hammock Park of Commerce l,qJD_. i Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0614S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this c;�7th day of /✓o d`Cmb f✓ , 2000. ATTEST" DWIOHT E. BROCK, Clerk ' Attest as to. CMilMIS ;signature o4ly. Approved as to Form and Legal Sufficiency Marjorie M. Student' Assistant County Attorney g/admin/ ORDINANCUPUD-99-25/CB/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: QO;Z46-� JAMES D. O,. Ph.D., CHAIRMAN ; This ordinance filed with the Secretary of St te's Office the day of., and acknowledgement of that filin served this l� day of By Deputy CkAc -2- PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre au A PLANNED COMMERCIAL DEVELOPMENT Prepared by: Vanasse & Daylor, LLP 12730 New Brittany Blvd., Suite 600 Fort Myers, FL 33907 Exhibit A Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: Hammock Park Commerce Centre PUD 11/29/00 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE 1 SECTION I Property Ownership & Description 2 SECTION 11 Project Development 4 SECTION III Community Commercial District g SECTION IV General Development Commitments 14 LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan Hammock Park Commerce Centre PUD 11 /29/00 STATEMENT OF COMPLIANCE The development of approximately 18.15 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as Hammock Park Commerce Centre PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The retail commercial and office facilities of the Hammock Park Commerce Centre PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub- district of the Urban — Commercial District in the Future Land Use Element (FLUE). This category described in the Future Land Use Element permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element. 3. The project 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. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the Future Land Use Element. 7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this PUD. Hammock Park Commerce Centre PUD Page 1 of 18 09/20/00 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Hammock Park Commerce Centre PUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (N1/2) of the South one-half (S1/2) of the Southwest one -quarter (SW1/4) of the Southwest one -quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S1/2) of the Southeast one -quarter (SE1/4) of the Southwest one - quarter (SW 1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R. 1708, Page 1667 The South 1/2 of the Southl/2 of the Southwest 1/4 of Section 14, Township 50 south, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 18.15 acres, more or less. Subject to easements, reservations or restrictions of record. (LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY BY BBLS SURVEYORS & MAPPERS, INC.) 1.3 PROPERTY OWNERSHIP The subject property is currently owned by John B and Dora A. McMullen. Hammock Park Commerce Centre PUD Page 2 of 18 09/20/00 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The Subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site has A Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre PUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A" PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1_6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Planned Unit Development Ordinance." Hammock Park Commerce Centre PUD Page 3 of 18 09/20/00 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Hammock Park Commerce Centre PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either the Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Hammock Park Commerce Centre PUD Page 4 of 18 09/20/00 C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.7 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.8 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s) that will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Hammock Park Commerce Centre PUD Page 5 of 18 09/20/00 2.9 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 18.15 +/- acres requiring a minimum of 5.4 acres to be retained as open space throughout the Hammock Park Commerce Centre PUD. This requirement shall apply to the entire development area, including the individual development parcels. The requirement does not apply to individual development parcels as long as it can be shown that the required open space is found throughout the development area. 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.4 of the Collier County Land Development Code, 15% of the viable naturally functioning native vegetation on site shall be retained. 2.11 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.12 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from Hammock Park Commerce Centre shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.13 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Land Development Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. Hammock Park Commerce Centre PUD Page 6 of 18 09/20/00 B. A site clearing, grading, filling and revegetation plan, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9 of the Land Development Code. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; C. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 15% of the natural functioning vegetation shall be retained unless otherwise permitted. b. The applicant shall submit a detailed description of the fill and site work activities including a plan indicating fill placement locations and depths, grading plan and water management improvements. C. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. Hammock Park Commerce Centre PUD Page 7 of 18 09/20/00 d. The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. 3. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2.14 ARCHITECTURE AND SITE DESIGN All buildings, signage, lighting, landscaping and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code Architectural and Site Design Standards and Guidelines in effect at the time building permits are issued. Hammock Park Commerce Centre PUD Page 8 of 18 09/20/00 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre PUD designated on Exhibit "A", PUD Master Plan as "Commercial'. 3.2 GENERAL DESCRIPTION A. There is one area designated as "Commercial' on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial' parcel is as follows: Parcel: Acreage: Use: Property 18.1± Retail and Office Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre PUD, up to a maximum of two hundred thousand (200,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. Hammock Park Commerce Centre PUD Development Program Proposed Development I Commercial Office Totals 11,000 SF I Acresi 1,000 SF I Acresl 1,000 SF I Acres Property 1 200 1 18.1 1 0-50` 1 0.0 1 200 1 18.1 'Up to fifty thousand square feet of office space may be converted from the total two hundred thousand square feet of retail space as allowed by the following conversion table. Hammock Park Commerce Centre PUD Page 9 of 18 09/20/00 Land Use Conversion Table Current Land Use Proposed Land Use Conversion Rate Example: Office Retail 0.398 1,000 sf of Office 398 sf of Retail Office Restaurant 0.165 1,000 sf of Office 1165 sf of Restaurant Retail Office 2.51 1,000 sf of Retail 1 2,510 sf of Office 3.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) 2. Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive Repair, Services and Parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Building Construction — general contractors (groups 1521—1542). 5. Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261) 6. Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 7. Communications (Groups 4832, 4833) 8. Construction — special trade contractors (Groups 1711-1793, 1796, 1799) 9. Depository Institutions (Groups 6011-6099) 10. Eating and Drinking Places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 11. Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742, 8748) 12. Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 13. Funeral Service and Crematories (Group 7261) Hammock Park Commerce Centre PUD Page 10 of 18 09/20/00 14. Gasoline service stations (5541 subject to Section 2.6.28 of the Land Development Code) 15. General Merchandise Stores (Groups 5311, 5331, 5399) 16. Hardware Stores (5251) 17. Health Services (Groups 8011-8059) 18. Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) 19. Hospitals (Group 8062) 20. Hotels and Motels (Group 7011) 21. Insurance Agents, Brokers and Service (Group 6411) 22. Membership Organizations (Groups 8641, 8661) 23. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C.R. 951. 24. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 25. Motion Pictures (Groups 7832-7833) 26. Museum, Art Galleries (Group 8412) 27. Non -Depository Credit Institutions (Groups 6141, 6159, 6162, 6163) 28. Offices (All Groups) 29. Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 30. Restaurants (All Groups) 31. Real Estate (Groups 6531, 6541, 6552) 32. Social Services (Group 8351) 33. United States Postal Service (Group 4311) 34. Veterinarian's Office (Group 0742, except no outside kenneling) Hammock Park Commerce Centre PUD Page 11 of 18 09/20/00 35. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. 3.5 DEVELOPMENT STANDARDS FOR PARCELS 1 2 AND 3 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: seven hundred (700) square feet per building on the ground floor. F. Landscaping and Off -Street Parking shall be in accordance with the Collier County Land Development Code, as amended. G. Maximum height: Fifty (50) feet. H. General application for Setbacks: Front yard setbacks shall comply with the following: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Hammock Park Commerce Centre PUD Page 12 of 18 09/20/00 All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for Site Development Plan approval. J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the Current Planning Manager as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. Hammock Park Commerce Centre PUD Page 13 of 18 09/20/00 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this 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 of the developer is bound by the commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering 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 Engineering Review Services. Hammock Park Commerce Centre PUD Page 14 of 18 09/20/00 C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 4.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal, including interconnection where appropriate, at any future major access that serves the project if warranted by the County. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C. The Project entry from CR 951 will be along the project's western boundary and designed to encourage shared access within the development, as depicted on the Access Management Plan for this Activity Center. D. The project shall be designed to accommodate an interconnection to the property to the north as shown on the PUD Master Plan. 4.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 97-17, as amended, and other applicable County rules and regulations. 4.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable state laws pertaining to platting. Hammock Park Commerce Centre PUD Page 15 of 18 09/20/00 4.8 4.9 BUFFERS The Hammock Park Commerce Centre PUD shall provide perimeter buffering consistent with the following table: Direction: Adjacent Use Buffer Type: North: Vacant Agriculturally zoned land "A" South: Rattlesnake Hammock/Sports Park Rd. "D" East: Vacant Agriculturally Zoned Land "A" West: CR 951 and canal "D" ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and is subject to review and approval by Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Buffers shall be provided around retained wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by Current Planning Section Staff. D. The Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. 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 Section Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. G. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this PUD document. Hammock Park Commerce Centre PUD Page 16 of 18 09/20/00 H. Landscape design plans will be submitted during the review process to Collier County Project Review Services. A minimum of 1.78 acres of native vegetation will be re -planted on site, per the Collier County land development requirements. Preservation is not feasible due to the extreme density of Melaleuca. The plantings will be installed along the northern and western perimeters, as well as various areas in the central portion of the project. All three strata will be re-created, with at least 14' to 16' trees used in the canopy (7'-8' crown spread), 5-gallon shrubs used in the midstory and 1-gallon plants used for groundcover. Hammock Park Commerce Centre PUD Page 17 of 18 09/20/00 EXHIBIT A HAMMOCK PARK COMMERCE CENTRE PUD CONCEPTUAL SITE PLAN Hammock Park Commerce Centre PUD MCP 11 /29/00 U 2 Y W2 � ,� � MM W --- .(-__-_-_—__-__________—__________ ---- tL R ____— s i II a ku I I I lA I III; C j I I 44 IIW V y I I py ydo0 ,0 alsl (!S6 y9) u O U h O of 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 copy of: ORDINANCE NO. 2000-79 Which was adopted by the Board of County Commissioners un the 28th day of November, 2000, during Regular Session. o if r a= WITNESS my hand and the official seal of the Boardof County Commissioners of Collier County, Florida, this 29th da-y of November, 2000: h J. 5 DWIGHT E. BROCK3�„ Clerk of Courts and,Cler Ex-officio to Board\'o County Commissioners sC � By: Lisa �K. oe Deputy Clerk y�6111819LO,Zy22 N 1 KAR 2407 '� � ORDINANCE NO. 07- 30 �y mow AN ORDINANCE OF THE BOARD OF COUNTY ��E Z COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" FOR A PROJECT KNOWN AS HAMMOCK PARK COMMERCE CENTRE PUD, FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF CR 951 AND RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDINANCE NUMBER 00-79, AS AMENDED, THE FORMER HAMMOCK PARK COMMERCE CENTRE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere of RWA, Inc. and R. Bruce Anderson, Esq., of Roetzel & Andress representing the Sempler Family Partnership Number 42, LTD, c/o Joseph A Filippelli, 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 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development "PUD" to Commercial Planned Unit Development "CPUD" in accordance with the CPUD 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 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 00-79, as amended, known as the Hammock Park Commerce Centre PUD, adopted on November 28, 2000, by the Board of County Commissioners of Collier County, is hereby entirely repealed. Page 1 of 2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this : 7 day of F 2007. ATT�T, Dki H`I�.. BROCK, CLERK e ty Clerk Atfirstb�41Ja Chat s s ,SMatui-tt Approved as to form and legal sufficiency MajoriO M. Student-S iling Assistant County Attorney P U DA-20 06-A R-1003 01M ZJsp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMIrS COLETTA, CHAIRMAN Page 2 of 2 This ordinance filed with the Secretary of State's Office the __Z�n day of Magj \ , -© and acknowledgement of that filin received this �� day of r By c PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared by: I?AA[A INC:. -A W. T Tl JL • Planning - Visualization Civil Engineering -.Surveying K 4lapping 6610 WILLOW PARK DRIVE, SUITE 200 o NAPLES, FLORIDA 34109 And v� - nr�= - cry '-- ROETZEL AND ANDRESS r rrr --i � -o 850 PARK SHORE DRIVE U3 TRIANON CENTRE -THIRD FLOOR NAPLES, FLORIDA 34103 Date Approved by BCC: November 28, 2000 Ordinance Number: 2000-79 Date Amendment Approved by BCC: 2 2 7/ 2 0 C Amendment Ordinance Number: 2 0 0 7— 3 0 Exhibit A CADocuments and Settings\sandraherrera\Local Settings\Temporary Intemet Files\OLKI MHammock Park CPUD 03-06-07 (clean).doc TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description 1 SECTION II Project Development 2 SECTION III Community Commercial District 4 SECTION IV Preserve Area 11 SECTION V General Development Commitments 12 LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan CADocurnents and Settings\sandraherrera\Local Settings\Temporary Internet Fi1es\0LK1C9\Hammock Park CPUD 03-06-07 (clean).doc STATEMENT OF COMPLIANCE The development of approximately 20.23 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Commercial Planned Unit Development to be known as Hammock Park Commerce Centre CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The retail commercial and office facilities of the Hammock Park Commerce Centre CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub -district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the FLUE permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the FLUE. 3. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project shall be in compliance with all applicable County regulations including the GMP. 5. All final development orders for this project are subject to the Adequate Public Facilities requirements of the Collier County Land Development Code (LDC), as amended, as set forth in Policy 3.1 of the FLUE. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the FLUE. 7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this CPUD. Hammock Park Commerce Centre CPUD Page 1 of 16 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Hammock Park Commerce Centre CPUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (NI/2) of the South one-half (S1/2) of the Southwest one -quarter (SW1/4) of the Southwest one -quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (Sl/2) of the Southeast one - quarter (SE1/4) of the Southwest one -quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R. 1708, Page 1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Sembler Family Partnership #42, Ltd. Hammock Park Commerce Centre CPUD Page 2 of 16 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map (FLUM). B. The property is currently vacant. The entire site has Hammock Park Commerce Centre PUD Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre CPUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre CPUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Commercial Planned Unit Development Ordinance" Hammock Park Commerce Centre CPUD Page 3 of 16 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Hammock Park Commerce Centre CPUD shall be in accordance with the contents of this Document, CPUD — Commercial Planned Unit Development District, applicable sections and parts of the LDC and GMP in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this CPUD remain in full force and effect. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", CPUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended, or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the properly, as may be necessary. Hammock Park Commerce Centre CPUD Page 4 of 16 2.4 LAND USE A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LDC. 2.6 SIGNS Signs shall be in accordance with the LDC, as amended. Hammock Park Commerce Centre CPUD Page 5 of 16 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", CPUD Master Plan as C, "Commercial". 3.2 GENERAL DESCRIPTION A. There is one area designated as C, "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" parcel is as follows: Parcel: Acreage: Use: Tract 1 19.05± Retail and Office Right-of-way outside of development area 1.18t Right-of-way Total 20.23± Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the LDC, as amended. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one hundred sixty thousand (160,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. 3.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) Hammock Park Commerce Centre CPUD Page 6 of 16 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Auto and home supply stores (Group 5 5 3 1 ) 5. Building construction - general contractors (groups 1521-1542). 6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 8. Communications (Groups 4832, 4833) 9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions (Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 14. Funeral service and crematories (Group 7261) 15. Gasoline service stations (5541 subject to the provisions of the LDC) 16. General merchandise stores (Groups 5311, 5331, 5399) 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) Hammock Park Commerce Centre CPUD Page 7 of 16 22. Insurance agents, brokers and service (Group 6411) 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C.R. 951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Non -depository credit institutions (Groups 6141, 6159, 6162, 6163) 29. Offices (All Groups) 30. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 31. Restaurants (All Groups) 32. Real estate (Groups 6531, 6541, 6552) 33. Social services (Group 8351) 34. United States Postal Service (Group 4311) 35. Veterinarian's office (Group 0742, except no outside kenneling) 36. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.5 DEVELOPMENT STANDARDS Hammock Park Commerce Centre CPUD Page 8 of 16 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be in accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. I. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. Hammock Park Commerce Centre CP1JD Page 9 of 16 J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. Hammock Park Commerce Centre CPUD Page 10 of 16 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve Area on Exhibit "A", CPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 4.2 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, subject to the issuance of regional, state and federal permits, when required: A. Permitted Principal Uses: 1) Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. Hammock Park Commerce Centre CPUD Page 11 of 16 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, as amended, shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor and assigns, shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns of the developer are bound by the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all sewer utilities and all common areas in the project. 5.4 WATER MANAGEMENT A. Excavation permits shall be required for the proposed lakes in accordance with the LDC, as amended. Excavated material from the property is intended to be used within the project site. Hammock Park Commerce Centre CPUD Page 12 of 16 B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services staff 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 5.5 TRANSPORTATION A. The developer shall provide a fair share payment toward the capital improvements at the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur within 90 days of request for said payment by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrances prior to the issuance of a certificate of occupancy (CO). C. The project entry from CR 951 shall be located at the northwest corner of the property and designed to provide shared access with the parcel to the north. All necessary dedications and easements shall be provided with the application for first development order. D. Following zoning approval, interconnections as shown on the Master Plan shall be designed and accommodated on the appropriate development order phase that may occur, or as directed by the Transportation Division. E. Site -related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or within 60 days of when requested by Collier County. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. Hammock Park Commerce Centre CPUD Page 13 of 16 G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. H. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. I. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended. Payment shall be required within 60 days of written request of Collier County, or prior to site development plan or plat approval, whichever is first. J. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location shall be determined during site development plan review. K. The developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County. The dedications shall be provided no later than the earlier of (1) first issuance of the first certificate of occupancy with respect to this Development, or (2) within 365 days of a written request from Collier County. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and 11 on Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. Hammock Park Commerce Centre CPUD Page 14 of 16 L. The developer shall construct, at its sole expense, the canal crossing suitable for expansion and consistent with a four -lane design for the north half of the Rattlesnake Hammock future extension approach to CR 951. The canal crossing shall include all appropriate turn lanes. M. Should the developer permit a driveway on the Rattlesnake Hammock Road extension less than 600 feet from the intersection of Collier Boulevard, the County, at its sole discretion, may reduce the access point to a "right in" only if the County determines that the access point has an impact on health, safety, and welfare or traffic circulation. This reduction, if required, shall be at the developer's expense with no claim for damages to the County. 5.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County Ordinance and other applicable County rules and regulations. 5.7 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable laws pertaining to platting. 5.8 BUFFERS The Hammock Park Commerce Centre CPUD shall provide perimeter buffering consistent with the following table: Direction Adjacent Use Buffer Type North: Vacant Agriculturally zoned land "A" South: Rattlesnake Hammock/Sports Park Rd. "D" East: Vacant Agriculturally Zoned Land "A" West: CR 951 and canal «D" 5.9 ENVIRONMENTAL A. The developer shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those Hammock Park Commerce Centre CPUD Page 15 of 16 protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. B. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. C. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. D. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this CPUD Document. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council shall be removed from within the preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. F. A Preserve Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. Hammock Park Commerce Centre CPUD Page 16 of 16 fill I a� g•a g G gig if ri ri� r�c' s�a� �6� AN I IN 11 ' a I A'/ir7 r ,felt J i a a � a 144J11 = I I 1 CL uu I � I � B f a Jog STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-30 Which was adopted by the Board of County Commissioners on the 27th day of February, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of March, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Martha Vergara, Deputy Clerk ` . HEX NO.2014 — 28 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140001187 — Petitioner, Wilton Land Company, LLC, requests an insubstantial change to Ordinance No. 07-30, the Hammock Park Commerce Centre Commercial Planned Unit Development, to add deviations to allow one off -premises directional sign with a maximum height of 13 feet and a maximum sign area of 38 square feet for the Hacienda Lakes MPUD/DRI at the southwest corner of the subject property. The subject property is located on the northeast corner of the intersection of Collier Boulevard (C.R. 951) and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. DATE OF HEARING: September 25, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140001187, filed by Robert J. Mulhere, FAICP of Hole Montes, Inc. representing Wilton Land Company, LLC, with respect to the property described herein, for an insubstantial change to Ordinance No. 07-30, the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD), to add deviations to allow one off -premises directional sign with a maximum height of 13 feet and a maximum sign area of 38 square feet for the Hacienda Lakes MPUD/DRI at the southwest corner of the subject property. Said deviations are as described in the amendment to the Hammock Park Commerce Center CPUD document attached as Exhibit "A" and the sign elevations attached as Exhibit `B", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A — Hammock Park Commerce Center CPUD amendment Exhibit B — Sign Elevations LEGAL DESCRIPTION: See Ordinance No. 07-30, the Hammock Park Commerce Center CPUD [14-CPS-01355/1119293/1131 1 Of 2 CONDITIONS: The applicant will provide an easement agreement with the owner of the Hacienda Lakes MPUD/DRI for their use of this off -premise sign prior to the issuance of the building permit for this sign. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 10-2-210! Date [14-CPS-01355/1119293/1131 2 of 2 ail/ J��- MarlStrain, Hearing Examiner Appr ved as to orm and legality: Scott A.Stone Assistant County Attorney SECTION ONE: EXHIBIT "A's Page 1 of 6 AMENDMENT TO THE COVER PAGE OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO.07-30, HAMMOCK PARK COMMERCE CENTRE CPUD The Cover Page of the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, is hereby amended to read as follows: PLANNED UNIT DEVELOPMENT DOCUMENT HAMMOCK PARK COMMERCE CENTRE CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT PREPARED BY: RWA, INC. 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TLtIANON CENTRE -THIRD FLOOR NAPLES, FLORIDA 34103 REVISED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 DATE APPROVED BY BCC: 1-27-2007 ORDINANCE NUMBER: 2007-30 REVISED EXHIBIT A Page 1 of 5 Words underlined are added; words stme E-dwugh are deletions H:\2014\2014O48\WP\PDI\Resubrnittal\Harrnxmck Park Commerce Centre PUD (PDI-PL-20140001187) (8-7-2014).docx SECTION TWO: EXHIBIT "A" Page 2of6 AMENDMENT TO THE TABLE OF CONTENTS/LIST OF EXHIBITS PAGE OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD The Table of Contents Page of the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, is hereby amended to read as follows: HAMMOCK PARK COMMERCE CENTRE CPUD TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Community Commercial District SECTION IV Preserve Area SECTION V General Development Commitments SECTION VI Rye uested Deviations from the I.DC LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan EXHIBIT "A-1" Off -Premises Directional Sign Location Page 2 of 5 Words underlined are added; words evuele Owwgb are deletions H:\2014\2014048\WP\PDI\Resubmitlal\Hammock Park Commerce Centre PUD (PDI-PL.20140001187) (8-7-2014).docx EXHIBIT "A" SECTION THREE: Page 3of6 AMENDMENT TO SECTION II, PROJECT DEVELOPMENT, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO.07-30, HAMMOCK PARK COMMERCE CENTRE CPUD Section II, entitled "Project Development," of the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, is hereby amended to read as follows: SECTION H PROJECT DEVELOPMENT 2.6 SIGNS Signs shall be in accordance with the LDC, as amended, except as provided herein and under Section 6.1, "Sign Deviations." A. One off -premises directional sib for the Hacienda Lakes PUD/DRI shall be permitted in the northeast quadrant of the intersection of C.R. 951 and Rattlesnake Hammock Road, as de ip cted and labeledper Exhibit A-1 This off -premises sign shall be allowed in addition to other signaage allowed by the LDC. The off -premises sign shall contain only the name of the overall project and the insignia or motto of the entire development. B. The off -premises directional sign for the Hacienda Lakes PUD/DRI shall be no greater than 13 feet in height and total square footage of all sign copy areas name of the project and insignias or mottos) shall not exceed 38 square feet (see Deviations #1 and #2 under Section 6.1, "Sign Deviations'). Page 3 of 5 Words undfflina are added; words atFusk dwough are deletions H:\2014\2014048\WP\PDI\Rcsubmittal\Hanmiock Park Commerce Centre PUD (PDI-PL-20140001187) (8-7-2014).docx SECTION FOUR: EXHIBIT "A" Page 4 of 6 ADDITION OF SECTION VI, REQUESTED DEVIATIONS FROM THE LDC, TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD Section VI, entitled "Requested Deviations from the LDC," is hereby added to the PLD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, as follows: SECTION VI REQUESTED DEVIATIONS FROM THE LDC 6_1 SIGN DEVIATIONS A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum of 38 square feet in sign area (total square footage of all sign copy areas, including the name of the project and insignias or mottos), rather than 12 square feet as limited in the LDC. B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum height of 13 feet above the lowest center grade of the roadwqy adjacent to the sign location, rather than 8 feet as limited in the LDC. Page 4 of 5 Words underlined are added; words 9#uak tbma k are deletions H:\2014\2014048\WP\PDI\Resubmittal\Hammock Park Commerce Centre PUD (PDI-PL-20140001187) (8-7-2014).docx SECTION FIVE: EXHIBIT "A" Page 5 of 6 ADDITION OF EXHIBIT A-1, OFF -PREMISES DIRECTIONAL SIGN LOCATION, TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD Exhibit A-1, labeled "Off -Premises Directional Sign Location," attached hereto and incorporated herein, is hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD Page S of 5 Words underlined are added; words e#aek-Oreagh are deletions H:12014\2014048\WP\PDDResubmittaIV4ammock Park Commerce Centre PUD (PDI-PL-20140001187) (8-7 2014).docx I OC W .I J 0 U i I i I ' i i 1 ' 100' CANAL R/W i i i z I ¢ .r ' : ", I 20' BUFFER Page 6 of 6 ESMT. (TYP.) t I SUBJECT ' I PROPERTY ' I � I 10.5' PROPOSED HACIENDA LAKES I I I OFF -PREMISES DIRECTIONAL SIGN .I i 10' UTILITY EASEMENT � t----- ---- ---- - j-11.4' RATTLESNAKE HAMMOCK ROAD 133' WIDE RIGHT-OF-WAY SIDEWALK i EXISTING HACIENDA LAKES BOUNDARY MARKER SIGN i z (HACIENDA LAKES ¢ I PUD / DRI v , 0 40 ISCALE IN FEET EXHIBIT A-1 aso Enoare way OFF -PREMISES CHEWED tm. PROJECT 00 Na �: FL. 34110 Phone: �239j 2U-2000 DIRECTIONAL DRAW ' � ° °"D D NAM .Ai Florida CoMftoate of ''�' �-TE Authodzotlon No.1772 SIGN LOCATION DATE ,6 4 �`"'�'T -1°' IR r 4 u Fg o� J a iLL 10 Iz O m 04 r � m � W a N 4- H N m cl) 2� W a Wac D ► A TE HEX NO. 2016 — 42 HEARING EXAMINER DECISION PETITION NO. PDI-PL20160002044 — Wilton Land Company, LLC requests an insubstantial change to Ordinance No. 2007-30, as amended, the Hammock Park Commerce Centre CPUD, to reduce the minimum perimeter PUD setback for accessory uses to 10 feet, and to add a deviation to allow accessory structures to be constructed prior to the construction of a principal use, only for two proposed accessory tower structures located along the western PUD boundary as depicted on Exhibit C-1 and further shown on Exhibit C-2. The subject property is located on the northeast corner of Rattlesnake Hammock Road and Collier Boulevard intersection, in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 18.99f acres. DATE OF HEARING: December 8, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: One member of the public, who stated they are one of the owners of a PUD to the north directly abutting this PUD, addressed a concern that the northernmost tower might be too close to the proposed shared access bridge over the western canal. The applicant stated they had taken the access location into consideration when positioning the tower. At the Neighborhood Information Meeting (NIM) the applicant responded to a question from a member of the public indicating there would be no signs or lighting on the towers except for landscape up lighting. After the NIM the applicant clarified to the member of the public who requested this information, that tower lighting would be limited to landscape up lighting and soffit down lighting. There were no members of the public present objecting to this application. [16-CPS-01587/1307714/1138 1 of 3 DECISION: The Hearing Examiner hereby qpproves Petition Number PDI-PL20160002044, filed by Alexis Crespo, AICP, of Waldrop Engineering, representing Wilton Land Company, LLC, with respect to the property as described in the Hammock Park Commerce Centre CPUD, Ordinance No. 07- 30, as amended, for the following insubstantial changes: • to reduce the minimum perimeter PUD setback for accessory uses to 10 feet for two proposed accessory tower structures; and • to add a deviation to allow accessory structures to be constructed prior to the construction of a principal use for two proposed accessory tower structures. Said changes are fully described in the Hammock Park Commerce Centre CPUD amendment attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A — CPUD Amendment LEGAL DESCRIPTION: See Ordinance No. 07-30, as amended, the Hammock Park Commerce Centre CPUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Signage on either tower is prohibited. 3. Lighting on both towers is limited to architectural down lighting in the soffits and landscape up lighting at the base of the tower(s). 4. The northern -most tower will be placed a minimum of seventy-five (75) feet from the north PUD property line. The tower location must also meet the clear sight distance standards of LDC 6.06.05. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. [16-CPS-01587/1307714/1138 2 of 3 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. - ►LI - /Lo I j Date [16-CPS-01587/1307714/1138 3 of 3 M Strain, Hearing Examiner Approv d as to form nd legality: Scott A. Stone Assistant County Attorney Exhibit "A" to HEX Decision 2016-42 Page 1 of 7 AMENDMENT TO TABLE OF CONTENTS/LIST OF EXHIBITS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD, AS AMENDED. Table of Contents/List of Exhibits, of the PUD Document attached to Ordinance No. 07-30, Hammock Park Centre Commerce CPUD, as amended, is hereby amended as follows: HAMMOCK PARK COMMERCE CENTRE CPUD TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description SECTION II Project Development SECTION III Community Commercial District SECTION IV Preserve Area SECTION V General Development Commitments SECTION VI Requested Deviations from the LDC LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan EXHIBIT "A-1" Off -Premises Directional Sign Location EXHIBIT "C-1" Tower Locations EXHIBIT 16C-2" Tower Renderings * * * * * * * * * * * * * Exhibit "A" to HEX Decision 2016-42 Page 2of7 AMENDMENT TO SECTION III, COMMUNITY COMMERCIAL DISTRICT, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD, AS AMENDED. Section III, Community Commercial District, of the PUD Document attached to Ordinance No. 07-30, Hammock Park Centre Commerce CPUD, as amended, is hereby amended as follows: SECTION III COMMUNITY COMMERCIAL DISTRICT * * * * * * * * * * * * * 3.5 DEVELOPMENT STANDARDS * * * * * * * * * * * * * L. The two accessory tower structures described in Deviation 3 shall have a minimum PUD perimeter setback of ten (10) feet, and maximum actual height of thirty (30) feet for the southern tower and maximum actual height of fifteen (15) feet for the northern most tower. * * * * * * * * * * * * Exhibit "A" to HEX Decision 2016-42 Page 3of7 AMENDMENT TO SECTION VI, REQUESTED DEVIATIONS FROM THE LDC, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD, AS AMENDED. Section VI, Requested Deviations from the LDC, of the PUD Document attached to Ordinance No. 07-30, Hammock Park Centre Commerce CPUD, as amended, is hereby amended as follows: SECTION VI REQUESTED DEVIATIONS FROM THE LDC 6.1 SIGN DEVIATIONS A. Deviation #1 seeks relief from LDC Section 5.06.04.G.2.a to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum of 38 square feet in sign area (total square footage of all sign copy areas, including the name of the project and insignias or mottos), rather than 12 square feet as limited in the LDC. B. Deviation #2 seeks relief from LDC Section 5.06.04.G.2.b to allow the off -premises directional sign for the Hacienda Lakes PUD/DRI depicted on Exhibit A-1 to have a maximum height of 13 feet above the lowest center grade of the roadway adjacent to the sign location, rather than 8 feet as limited in the LDC. C. Deviation #3 seeks relief from LDC Section 4.02.03.A, which requires accessory structures to be constructed simultaneously with or following the construction of the principal structure, to instead allow accessory structures to be constructed prior to construction of the principal structure. This deviation shall apply only to the two (2) accessory tower structures at the location depicted on Exhibit C-1, "Tower Locations," and further shown on Exhibit C-2, "Tower Renderings_" * * * * * * * * * * * * * Exhibit "A" to HEX Decision 2016-42 Page 4 of 7 EXHIBIT C-1, TOWER LOCATIONS, IS HEREBY ADDED TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD, AS AMENDED. Exhibit C-1, entitled "Tower Locations", attached hereto and incorporated herein by reference, is hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, as amended. � I 10.0' SETBACK y Ln � I U 0 Q Lu J m � I - Lu J J O U CR 951 ROW 100.0, CANAL ROW I 112'± PREPARED FOR: PROPOSED ACCESSORY ST (TOWER - 15' HEIGHT) I I I I I PUD BOUNDARY f (TYP.) RUCTURE �f 'v I I I PROPOSED ACCESSORY STRUCTURE (TOWER - 30' HEIGHT) RATTLESNAKE HAMMOCK BLVD. IM ,.ems.-._ -. HAMMOCK PARK PDI EXHIBIT C-I "TOWER LOCATIONS" HACIENDA LAKES, LLC / TOLL BROTHERS IMENGINEERING INEERING I PLANNING LANDSCAPE ARCHITECTURE 28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135 P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldrapengineering—in Exhibit "A" to HEX Decision 2016-42 Page 6of7 EXHIBIT C-2, TOWER RENDERINGS, IS HEREBY ADDED TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 07-30, HAMMOCK PARK COMMERCE CENTRE CPUD, AS AMENDED. Exhibit C-2, entitled "Tower Renderings", attached hereto and incorporated herein by reference, is hereby added to the PUD Document attached to Ordinance No. 07-30, Hammock Park Commerce Centre CPUD, as amended. 3 a 0 0 W N O 10 m a c N C) U s X Lu d rn m c rn Y) 0 PREPARED FOR: Aluminum Pane with Rafter I Inset Shutter Stucco Cast Star Shutter Stone Exhibit "A" to HEX Decision 2016-42 Page 7 of 7 Secondary Tower Concept Akl inum Panel Roof th Rafter Details Inset Shutter Detail �# Stucco Finish Cast Stone Trim Shutter Stone 30' Tower Concept HAMMOCK PARK PDI EXHIBIT C-2 "TOWER RENDERINGS" HACIENDA LAKES, LLC / TOLL BROTHERS "DESIGNS ARE SUBJECT TO CHANGE AT TIME OF APPROVAL IMENGINEERING INEERING I PLANNING LANDSCAPE ARCHITECTURE 28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135 P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldrapengineering- in HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 APPLICATION Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ✓❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. Name of Property Owner(s): APPLICANT CONTACT INFORMATION Wilton Land Company, LLC Name of Applicant if different than owner:. Address: 206 Dudley Road City: Telephone: David Torres c/o Wilton Land Company LLC Wilton 1-877-357-8271 x700 Cell: N/A E-Mail Address: david@flstardevelopment.com State: CT ZIP: 06897 Fax: N/A Name of Agent: Alexis Crespo, AICP & Richard Yovanovich, Esq. Firm: Waldrop Engineering, P.A. & Coleman, Yovanovich & Koester, P.A. Address: 28100 Bonita Grande Dr. city: Bonita Springs state: FL ZIP: 34135 Telephone: 239-405-7777 Cell: 239-850-8525 Fax: 238-405-7899 E-Mail Address: alexis.crespo@waldropengineering.com & rovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. July 30, 2018 Page 1 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: cPUD Zoning district(s) to the CPUD Present Use of the Property: zoning district(s). Vacant Commercial Proposed Use (or range of uses) of the property: Commercial & Multi -Family Residential Original PUD Name: Hammock Park Commerce Centre Ordinance No.: 07-30 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 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; and • 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: 14 / 50 / 26 Lot: Block: Subdivision: See Legal Description in PUD Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: Size of Property: ft. x ft. = Total Sq. Ft. Acres: _ Address/ General Location of Subject Property: 8530 COLLIER BLVD NE Corner of Rattlesnake Hammock Road and CR 951 PUD District (refer to LDC subsection 2.03.06 Q ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial July 30, 2018 Page 2 of 11 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N MPUD Vacant Mixed Use S MPUD Rattlesnake Hammock Road; Vacant Mixed Use E MPUD Vacant Commercial W PUD CR 951; Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 14 / 50 / 26 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: 00416720000 Metes & Bounds Description: See Legal Description in PUD ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Naples Lake Country Club HOA Mailing Address: 4784 Inverness Club Drive City: Naples Name of Homeowner Association: East Naples Civic Association, Inc. Mailing Address: 4784 Inverness Club Drive City: Naples Name of Homeowner Association: State: FL Zip: 34112 State: FL ZIP: 34112 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: July 30, 2018 Page 3 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 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. July 30, 2018 Page 4 of 11 BONITA SPRINGS Tampa Orlando Sarasota IAIENGINEERING 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE p. (239) 405-7777 f. (239) 405-7899 HAM PARK CPUD EVALUATION CRITERIA PUD REZONE CONSIDERATIONS (LDC SECTION 10.02.13.11) a. 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. The Hammock Park CPUD is approved for 160,000 square feet of commercial uses. The proposed amendment seeks to amend the CPUD to allow for an alternative development scenario of 100,000 square feet of commercial uses and a maximum of 265 multi -family dwelling units. The existing trip count for the currently approved 160,000 square feet of commercial uses will not be exceeded by the proposed amendment. The Hammock Park CPUD ("Property") is within Activity Center #7, which encompasses 197.5+/- acres at the intersection of Rattlesnake Hammock Road and Collier Boulevard/CR 951. This Activity Center includes a diverse mix of approved Mixed Use Planned Unit Developments (MPUDs), that permit a range of uses including commercial retail, office, hotel, and assisted living facilities. This Activity Center generally serves the CR 951 corridor, northern portions of Lely Resort, and the surrounding East Naples area. These designated Activity Centers are specifically intended to provide an integrated mixed of land uses with access to the multi -modal transportation network and other public infrastructure. The existing and approved land uses on adjacent properties directly support the proposed CPUD amendment, and the project will maintain compatibility with the surrounding land use pattern. The Good Turn Center MPUD to the north (Ordinance 09-53) is approved for a maximum of 100,000 square feet of commercial land uses and skilled nursing care facilities with a maximum of 200 units (21 du/acre). The McMullen MPUD (Ordinance 10-18) to the east is approved for a maximum of 185,000 square feet of commercial. Care units are also permitted in this project utilizing a commercial intensity conversion. The commercial tract of the Hacienda Lakes MPUD to the south of Rattlesnake Hammock Road, is approved for up to 327,500 square feet of retail land uses, and up to 70,000 square feet of professional and medical office uses. A hotel of up to 135 rooms is also allowed on this parcel. The addition of multi -family residential uses will not impact the CPUD's compatibility with surrounding mixed -use projects, and will provide a transition of intensity from the CR 951 frontage, to the lower intensity/density uses in Hacienda Lakes to the east. Hammock Park CPUD PL2018002813 Evaluation Criteria Page 1 of 5 The application materials demonstrate adequate capacity on the surrounding roadway network, available public utilities, and all other required services (including schools, Fire/EMS, and Sherriff). Based upon the nature of surrounding uses, the established development pattern in the general area of the property, and the existing levels of public infrastrcture to service the CPUD, the Property is suitable for the addition of multi -family dwelling units to form a mixed use development as proposed through this application. Moreover, the project will ensure the existing land area within the County's Urban - designated is not underutilized from a public infrastructure standpoint, thereby upholding sound planning principles. b. 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 toe be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under Unified Control by Wilton Land Company, LLC, who has authorized Waldrop Engineering and Coleman, Yovanovich, Koester to file this application. Please also refer to the enclosed Covenant of Unified Control. C. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) The CPUD will remain consistent with the Growth Management Plan (GMP) as follows: FUTURE LAND USE ELEMENT Policy 5.2: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. FUTURE LAND USE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The proposed amendment will provide a mixed -use development option that is complimentary and compatible with the surrounding land uses. Currently, the property is surrounded by a variety of MPUDs with diverse non-residential and ALF uses. The addition of multi -family dwelling types to the project will not impact compatibility with these approved uses. Additionally, the CPUD provides buffers surrounding the perimeter of the property to provide separation and screening. The Hammock Park CPUD PL20180002813 Evaluation Criteria Page 2 of 5 proposed development standards are also consistent with and comparable to the surrounding approved PUDs. FUTURE LAND USE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The proposed PUD Master Plan provides vehicular ingress/egress to the site from a shared access with the Good Turn Center MPUD to the north onto CR 951, as well as two (2) points of access onto Rattlesnake Hammock Road. The shared access with the project to the north is directly in line with this policy's intent to provide interconnections to surrounding properties. Please also refer to the Transportation Analysis prepared by Trebilcock Consulting Solutions. FUTURE LAND USE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The proposed amendment is in direct compliance with this policy. Encouraging horizontally integrated mixed -use development will provide opportunities for reduced vehicle miles traveled, increased multi -modal options, and a decrease on overall automobile dependence by allowing residents to walk to goods, services and employment within the project and on adjacent properties. FUTURE LAND USE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. As noted above and outlined in further detail in the Transportation Analysis, the proposed PUD Master Plan provides for interconnection to the MPUD to the north, thereby reducing the number of access points onto the arterial roadway network. FUTURE LAND USE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. In direct compliance with the policy above, the CPUD amendment proposes a mixed -use development containing both residential and commercial uses. The residential portion provides multi -family residential housing at higher densities to provide in -demand workforce housing. Therefore, the CPUD amendment directly provides for diversity in the housing market, and in a location where such diversity can be accommodated by existing public infrastructure. The project is also walkable via connections to the surrounding sidewalk and pathway systems. Hammock Park CPUD PL20180002813 Evaluation Criteria Page 3 of 5 CO SERVATION AND CO STAL MANAGEMENT ELEMENT GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. The CPUD will maintain the on -site preserve area as previously approved per Ordinance 2007-30. The Property is comprised of 19+/- acres, of which 10.87+/- acres are considered existing native habitat. As shown on the PUD master plan, the project will continue to provide 1.63+/- acres of on -site native habitat preservation. GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. The CPUD locates the required preserve area in the northern portion of the project to allow for connection with offsite preserves within the adjacent MPUD. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed amendment will allow for the development of multi -family residential and commercial uses in a well -integrated and compact mixed -use project. The approved commercial uses and the proposed residential uses are compatible and complimentary to the surrounding existing and future development pattern, thereby ensuring external compatibility. The proposed rezoning will allow for a continuation of a mixed -use development pattern within a designated Mixed Use Activity Center where such development is approved, anticipated, and appropriate. Landscape buffers and open space is provided in accordance with the requirements of the GMP and LDC. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed amendment will not modify the minimum requirement for 1.63+/- acres of on -site preserve area. Additionally, the CPUD will provide landscape buffers, lakes and recreational areas, which will meet the LDC's definition of useable open space. Per the proposed PUD master plan, the project will provide preserve and useable open space in compliance with the GMP and LDC requirements. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. As outlined in the enclosed application, all required public infrastructure is available and adequate to service the CPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. Hammock Park CPUD PL20180002813 Evaluation Criteria Page 4 of 5 While the CPUD boundary is not expanding in size, the zoning is being amended to add residential uses and allow for horizontally -integrated mixed use development at an atertial intersection. The mix of uses proposed by the amendment will not exceed the existing trip cap in place for the approved 160,000 square feet of commercial uses. Additionally, the mixed -use development program will provide opportunities for workforce housing and multi -modal movement through the site that will ultimately reduce the reliance on automobiles. The CPUD is located in an area of the County specifically intended for this type of development, and where the expansion of mixed uses can be accomodaed by appropriate faciliities and infrastructure. h. 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. The project will continue to conform to all applicable PUD regulations, except where a deviation is approved. Hammock Park CPUD PL20180002813 Evaluation Criteria Page 5 of 5 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING Ot DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D 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 processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. July 30, 2018 Page 5 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Wilton Land Company LLC Address: 206 Dudley Road City: Wilton Telephone: 1-877-357-8271 x700 Cell: N/A E-Mail Address: david@flstardevelopment.com Address of Subject Property (If available): City: Naples 8530 Collier Blvd. State: FL ZIP: 34114 PROPERTY INFORMATION Section/Township/Range: 14 / 50 / 26 Lot: Block: Subdivision: State: CT Fax: N/A Metes & Bounds Description: See Legal Description in PUD, Exhibit D Plat Book: Page #: Property I.D. Number: 00416720000 ZIP: 06897 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System Q b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: Collier County UtIIIt12S d. Package Treatment Plant ❑ (GPD Capacity): N/A e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Total Population to be Served: 663 Peak and Average Daily Demands: Provide Name: Collier County Utilities A. Water -Peak: 299,504 GPD Average Daily: 110,250 GPD B. Sewer -Peak: 304,330 GPD Average Daily: 78,750 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 2020 July 30, 2018 Page 6 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. July 30, 2018 Page 7 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ R1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑✓Ll Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ✓ ❑� Signed and sealed Boundary Survey 1 ✓ ❑ Architectural Rendering of proposed structures 1L1❑✓� Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ✓❑ ❑ Statement of Utility Provisions 1 ✓❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ✓❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 ❑✓� ❑ Historical Survey 1 ❑ ✓ School Impact Analysis Application, if applicable 1 ✓ ❑ Electronic copy of all required documents 1 ✓❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ Checklist continues on next page July 30, 2018 Page 9 of 11 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑✓ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 I ❑ I ✓❑ Copy of Official Interpretation and/or Zoning Verification 1 1 ❑ 1 21 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: ® Exhibit A: List of Permitted Uses ® Exhibit B: Development Standards © Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ® Exhibit D: Legal Description ® Exhibit E: List of Requested LDC Deviations and justification for each x] Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑■ Utilities Engineering: Eric Fey ❑■ Parks and Recreation: Barry Williams & David Berra ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: 4SSOCIATED FEES FOR APPLICATION 0 Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre 0 PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre 0 Comprehensive Planning Consistency Review: $2,250.00 0 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 0 Transportation Review Fees: p Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. O Minor Study Review: $750.00 o Major Study Review $1,500.00 July 30, 2018 Page 10 of 11 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierLFov.net W Legal Advertising Fees: ® CCPC: $1,125.00 BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 N School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additi fee for the 51h and subsequent re -submittal will be accessed at 20% of the original fee. M 12/10/2018 Signature of Petitione or Agent Date Alexis V. Crespo, AICP Printed named of signing party July 30, 2018 Page 11 of 11 HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 PROJECT AERIAL oil Ir dt r* : I AMU* - fix, Aie yt5 rr jL- S'. - .:.•.� „+ '-fir � �� '..�.' '� _ /'' f _ -_ e ar Sc DWICL - o C G a oDo �C>srOo .G4n� 7 u]J]Pl�ili'�, �a�'`i6,F1i fil=•s �?�� fF + ++r } U UNA), Ll i�lO ��`'� i 1f�%fiTLL l[l[�q 1,1� WALDROP FLkB636 OLC26000285 Hammock Park - HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 COVER LETTER/NARRATIVE OF REQUEST IAIENGINEERING PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE January 24, 2019 REVISED APRIL 2019 Ms. Nancy Gundlach, AICP, RLA Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Hammock Park MPUD PUD Amendment (PUDA-PL20180002813) Dear Ms. Gundlach: BONITA SPRINGS Tampa Orlando Sarasota 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 P. (239) 405-7777 f. (239) 405-7899 Enclosed for your review is the Application for PUD amendment for the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD), a 19+/- acre project generally located on the northeast corner of Collier Boulevard (CR 951) and Rattlesnake Hammock Road in unincorporated Collier County. The Property is designated within the Urban Commercial District Mixed Use Activity Center, Urban Residential Fringe future land use designation and is zoned CPUD pursuant to Ordinance 07-30. The CPUD allows up to 160,000 square feet of commercial uses. The property is currently undeveloped. BACKGROUND/PROJECT HISTORY: The Property was originally rezoned from Rural Agricultural (A) to Planned Unit Development (PUD) in 2000 per Ordinance No. 00-79 to allow for commercial retail and office uses. In 2007, the Property was rezoned from Planned Unit Development to Commercial Planned Unit Development per Ordinance No. 07-30. The CPUD allows for a maximum of 160,000 square feet of commercial retail and office uses. The CPUD was amended in 2014, per HEX Decision 2014-28, to allow for ground signage associated with the Hacienda Lakes of Naples on the southwest corner of the property. The PUD was amended again in 2016, per HEX Decision 2016-42, to allow for the construction of accessory structures. No development has occurred on -site based upon these approvals, except for the signage and accessory structures, and the Property remains vacant and partially vegetated. REQUEST: The Applicant is requesting approval to amend the CPUD to add a maximum of 265 multi -family dwelling units as a permitted use, and to change the name of the CPUD from Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD) to Hammock Park Mixed Use Planned Unit Development (MPUD). If these units are developed the maximum amount of non-residential uses would be limited to Hammock Park MPUD Cover Letter- Request Narrative Page 1 of 6 148,500 square feet, so as not to exceed the existing trip count for the currently approved 160,000 square feet of commercial uses, or 577 PM Peak hour trips. The proposed amendment would allow for this alternative mixed -use development scenario, while preserving the right to build out the project with the approved 160,000 square feet of commercial uses, depending upon market demand. The Applicant is also requesting associated revisions to the PUD document to provide residential development standards, and to address commitments that have been satisfied by the developer since the 2007 approval. The Applicant is not requesting any further deviations from the Land Development Code (LDC) to support the mixed -use development program. SURROUNDING DEVELOPMENT The subject property is located in an urbanized portion of the County as evidenced by the property's proximity to Collier Boulevard, a six -lane arterial roadway, and Rattlesnake Hammock Road. The Property is also proximate to existing and approved urban levels of development, as well as major public facilities including schools, hospitals, and libraries. Please refer to Table 1 below, which provides an inventory of the immediately adjacent Future Land Use Categories, zoning districts, and existing land uses. TABLE 1: INVENTORY OF SURROUNDING LANDS DIRECTION FUTURE LAND USE ZONING DISTRICT EXISTING LAND USE Urban Residential North Fringe Subdistrict, MPUD Vacant Mixed Use Mixed Use Activity (Good Turn Center MPUD) Center Public Right -of -Way Urban Residential (Rattlesnake Hammock Rd.); South Fringe Subdistrict MPUD Vacant Commercial (Hacienda Lakes of Naples MPUD Urban Residential East Fringe Subdistrict, MPUD Vacant Mixed Use Mixed Use Activity (McMullen MPUD) Center Urban Residential Public Right -of -Way (CR 951)L Fringe Subdistrict, Commercial (Naples Lakes Village Center); Multi -Family & West Mixed Use Activity PUD Center Golf Course (Naples Lake Country Club & Sierra Meadows Hammock Park MPUD Cover Letter -Request Narrative Page 2 of 6 The Property is within a designated Mixed -Use Activity Center, which is specifically intended for concentrated commercial and mixed -use development due to access to the arterial roadway network and available public services. Activity Center #7 encompasses 197.5+/- acres at the intersection of CR 951 and Rattlesnake Hammock Road and includes a diverse and intensive mix of approved MPUDs, which allow for commercial, hotel, and assisted living facility uses. Please refer to the Evaluation Criteria enclosed in this application for a detailed inventory of the surrounding land uses, densities and intensities. The proposed addition of multi -family uses to the MPUD will not impact the project's compatibility with the surrounding land use pattern and will serve as an appropriate transition from the intensive Collier Blvd. frontage to the lower density and intensity uses in Hacienda Lakes to the east. COMPANION GROWTH MANAGEMENT PLAN AMENDMENT The Applicant has filed a companion Growth Management Plan Amendment (PL20180002804) requesting the ability to develop the Hammock Park PUD as a horizontally integrated mixed -use project with 265 multi -family units and 100,000 square feet of commercial uses via the following text amendment: "The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 68.3 acres and the southeast quadrant may have a total of 49.2 acres, for a total of 197.5 acres maximum in the entire Activity Center, the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. Multi- family (apartment) uses shall also be permitted in the northeast quadrant within the Hammock Park MPUD and shall be limited to a total of up to 265 multi -family (apartment) dwelling units. The addition of the 9.3 acres to the northeast quadrant of the Activity center shall not be the basis for adjacent parcels to be rezoned to commercial pursuant the Office and Infill Commercial Subdistrict. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Gep;R;orc-o EeRter MPUD, commercial development (exclusive of the allowed " 114 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self -storage facilities - this use shall occupy no greater than 50% of the total (185,000) building square feet, offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50% of the total (185,000) building square feet, warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for Hammock Park MPUD Cover Letter -Request Narrative Page 3 of 6 various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers." The GMPA application is directly supported by a market study that substantiates the need for multi -family rental housing across Collier County, and within the immediate area of the subject property. PROPOSED DEVELOPMENT/JUSTIFICATION The MPUD amendment to permit a mix of residential and commercial uses in the project directly addresses the County's identified goals of providing diverse housing for the workforce; encouraging more integrated land use patterns that co -locate housing, goods and services; clustering new development within established urban areas with adequate infrastructure; and increasing multi -modal transportation options, particularly along arterial corridors. The MPUD will have shared access with the MPUD to the north, providing for better connectivity with adjacent lands intended for similar mixed -use development. Buffers, open space, and preserve areas will be provided in accordance with the GMP and LDC to uphold the County's intent for attractive, well -planned and compatible development. The proposed PUD Master Plan and associated development standards for the multi- family uses are consistent with the height and setbacks approved for similar multi -family projects in the immediate area. The application materials demonstrate adequate infrastructure and facilities exist to support the proposed mix of uses. Additionally, this application has been crafted to ensure the mixed -use development program does not exceed the maximum number of PM peak hour trip already approved for the MPUD. As proposed, this amendment will allow for diverse housing opportunities in an area intended for a mix of uses as evidenced by the surrounding development approvals and the property's location in the heart of an established Activity Center. ENVIRONMENTAL: As outlined in the Environmental Report prepared by Passarella & Associates, the site contains a 1.63+/- acre portion of wetlands concentrated in the northwestern portion of the site within the area identified as "Preserve" on the proposed and approved PUD Master Plans. The proposed amendment will have no impact on the approved preserve or other environmental conditions. The amendment application delineates and quantifies the preserve area, demonstrating the project's compliance with current GMP policies for conservation of on -site native vegetation. Hammock Park MPUD Cover Letter -Request Narrative Page 4 of 6 INFRASTRUCTURE: The subject property will be accessed from Collier Blvd., a 6-lane arterial roadway through a shared access with the Good Turn MPUD to the north, and through two (2) approved points of ingress/egress along Rattlesnake Hammock Road. One (1) of the approved points of access will be relocated as shown on the attached MPUD Master Plan. As outlined in the Traffic Impact Statement (TIS) prepared by Trebilcock Consulting, Inc., all roadways impacted by the project will continue to operate at the County's adopted minimum Level of Service through project build -out. As noted above, the proposed amendment will maintain the maximum PM peak hour trip cap approved via Ordinance 2007-30. Potable water and sanitary sewer for this project will be provided by Collier County Utilities (CCU) through existing infrastructure located along Collier Blvd. The Property is in close proximity to available public infrastructure including parks, schools, fire, and EMS services. This data reflects that the subject property is an appropriate location for the addition of density to create a mixed -use project. CONCLUSION: In summary, the proposed amendment will allow for up to 265 multi -family (apartment) dwelling units and 148,500 square feet of commercial use as an alternative development scenario within the Hammock Park MPUD. The request will not result in increased traffic, as the existing trip cap for the approved 160,000 square feet of commercial uses will be maintained through the PUD commitments. As outlined in the attached application, the proposed MPUD is consistent with the LDC and Growth Management Plan (GMP). Per the Pre -Application Meeting Notes, the following items are enclosed for your review: 1. A check in the amount of $12,350.00 for the PUD Amendment Application Fees; 2. Cover Letter; 3. Completed PUD Amendment Application including Evaluation Criteria; 4. Pre -application Meeting Notes; 5. Affidavit of Authorization; 6. Covenant of Unified Control; 7. Approved Addressing Checklist; 8. Warranty Deed; 9. List Identifying Parties of the Corporation; 10. Boundary Survey (signed and sealed); 11. Project Aerial; 12. Statement of Utility Provisions; 13. Environmental Report and FLUCCS Map; 14. Traffic Impact Study; 15. School Impact Analysis Application; 16. Proposed PUD Document Exhibits A-F; 17. PUD Conceptual Site Plan (24"x36"and 8.5"xl 1 Hammock Park MPUD Cover Letter -Request Narrative Page 5 of 6 18. Original Zoning Ordinance No. 2007-30; 19. Right -of -Way Deed; 20. Access Easement; and 21. Wastewater Calculations. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777, extension 2207, or alexis.cresr)o@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Xple Alexis V. Crespo, AICP, LEED AP Vice President of Planning Enclosures cc: David Torres, Wilton Land Company, LLC Richard Yovanovich, Coleman, Yovanovich & Koester, P.A. Norman J. Trebilcock, Trebilcock Consulting Solutions, LLC Bethany Brosious, Passarella & Associates, Inc. Russ Weyer, Real Estate Econometrics, Inc. Hammock Park MPUD Cover Letter -Request Narrative Page 6 of 6 HENGINEERING HAMMOCK PARK CPUD PUDA EVALUATION CRITERIA CCPC PACKAGE PL20180002813 BONITA SPRINGS Tampa Orlando Sarasota IAIENGINEERING 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE p. (239) 405-7777 f. (239) 405-7899 HAMMOCK PARK MPUD EVALUATION CRITERIA PUD REZONE CONSIDERATIONS (LDC SECTION 10.02.13.11) REVISED JUNE 2019 a. 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. The Hammock Park MPUD is approved for 160,000 square feet of commercial uses. The proposed amendment seeks to amend the MPUD to allow for an alternative development scenario of 148,500 square feet of commercial uses and a maximum of 265 multi -family dwelling units. The existing trip count for the currently approved 160,000 square feet of commercial uses will not be exceeded by the proposed amendment. The Hammock Park MPUD ("Property") is within Activity Center #7, which encompasses 197.5+/- acres at the intersection of Rattlesnake Hammock Road and Collier Boulevard/CR 951. This Activity Center includes a diverse mix of approved Mixed Use Planned Unit Developments (MPUDs), that permit a range of uses including commercial retail, office, hotel, and assisted living facilities. This Activity Center generally serves the CR 951 corridor, northern portions of Lely Resort, and the surrounding East Naples area. These designated Activity Centers are specifically intended to provide an integrated mixed of land uses with access to the multi -modal transportation network and other public infrastructure. The existing and approved land uses on adjacent properties directly support the proposed PUD amendment, and the project will maintain compatibility with the surrounding land use pattern. The Good Turn Center MPUD to the north (Ordinance 09-53) is approved for a maximum of 100,000 square feet of commercial land uses and skilled nursing care facilities with a maximum of 200 units (21 du/acre). The McMullen MPUD (Ordinance 10-18) to the east is approved for a maximum of 185,000 square feet of commercial. Care units are also permitted in this project utilizing a commercial intensity conversion. The commercial tract of the Hacienda Lakes MPUD to the south of Rattlesnake Hammock Road, is approved for up to 327,500 square feet of retail land uses, and up to 70,000 square feet of professional and medical office uses. A hotel of up to 135 rooms is also allowed on this parcel. The addition of multi -family residential uses will not impact the MPUD's compatibility with surrounding mixed -use projects, and will provide a transition of intensity from the CR 951 frontage, to the lower intensity/density uses in Hacienda Lakes to the east. Hammock Park MPUD PL2018002813 Evaluation Criteria Page 1 of 5 The application materials demonstrate adequate capacity on the surrounding roadway network, available public utilities, and all other required services (including schools, Fire/EMS, and Sherriff). Based upon the nature of surrounding uses, the established development pattern in the general area of the property, and the existing levels of public infrastrcture to service the MPUD, the Property is suitable for the addition of multi -family dwelling units to form a mixed use development as proposed through this application. Moreover, the project will ensure the existing land area within the County's Urban - designated is not underutilized from a public infrastructure standpoint, thereby upholding sound planning principles. b. 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 toe be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under Unified Control by Wilton Land Company, LLC, who has authorized Waldrop Engineering and Coleman, Yovanovich, Koester to file this application. Please also refer to the enclosed Covenant of Unified Control. C. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) The MPUD will remain consistent with the Growth Management Plan (GMP) as follows: FUTURE LAND USE ELEMENT Policy 5.2: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. FUTURE LAND USE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The proposed amendment will provide a mixed -use development option that is complimentary and compatible with the surrounding land uses. Currently, the property is surrounded by a variety of MPUDs with diverse non-residential and ALF uses. The addition of multi -family dwelling types to the project will not impact compatibility with these approved uses. Additionally, the MPUD provides buffers surrounding the perimeter of the property to provide separation and screening. The Hammock Park MPUD PL20180002813 Evaluation Criteria Page 2 of 5 proposed development standards are also consistent with and comparable to the surrounding approved PUDs. FUTURE LAND USE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The proposed PUD Master Plan provides vehicular ingress/egress to the site from a shared access with the Good Turn Center MPUD to the north onto CR 951, as well as two (2) points of access onto Rattlesnake Hammock Road. The shared access with the project to the north is directly in line with this policy's intent to provide interconnections to surrounding properties. Please also refer to the Transportation Analysis prepared by Trebilcock Consulting Solutions. FUTURE LAND USE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The proposed amendment is in direct compliance with this policy. Encouraging horizontally integrated mixed -use development will provide opportunities for reduced vehicle miles traveled, increased multi -modal options, and a decrease on overall automobile dependence by allowing residents to walk to goods, services and employment within the project and on adjacent properties. FUTURE LAND USE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. As noted above and outlined in further detail in the Transportation Analysis, the proposed PUD Master Plan provides for interconnection to the MPUD to the north, thereby reducing the number of access points onto the arterial roadway network. FUTURE LAND USE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. In direct compliance with the policy above, the MPUD amendment proposes a mixed -use development containing both residential and commercial uses. The residential portion provides multi -family residential housing at higher densities to provide in -demand workforce housing. Therefore, the MPUD amendment directly provides for diversity in the housing market, and in a location where such diversity can be accommodated by existing public infrastructure. The project is also walkable via connections to the surrounding sidewalk and pathway systems. Hammock Park MPUD PL20180002813 Evaluation Criteria Page 3 of 5 C SERVATION AND C STAL MANAGEMENT ELEMENT GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. The MPUD will maintain the on -site preserve area as previously approved per Ordinance 2007-30. The Property is comprised of 19+/- acres, of which 10.87+/- acres are considered existing native habitat. As shown on the PUD master plan, the project will continue to provide 1.63+/- acres of on -site native habitat preservation. GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. The MPUD locates the required preserve area in the northern portion of the project to allow for connection with offsite preserves within the adjacent MPUD. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed amendment will allow for the development of multi -family residential and commercial uses in a well -integrated and compact mixed -use project. The approved commercial uses and the proposed residential uses are compatible and complimentary to the surrounding existing and future development pattern, thereby ensuring external compatibility. The proposed rezoning will allow for a continuation of a mixed -use development pattern within a designated Mixed Use Activity Center where such development is approved, anticipated, and appropriate. Landscape buffers and open space is provided in accordance with the requirements of the GMP and LDC. The onsite native vegetation preserve location and habitats were selected according to the priority criteria set forth in Sections 3.05.07(A)4 and 3.05.05(A)5 of the Collier County LDC. The location of the onsite native vegetation preserve area maintains the highest quality native vegetation onsite, connects to offsite preservation areas to the north and is in close proximity to offsite adjacent preservation areas to the east. In addition, the preserve location will provide a buffer between the offsite bald eagle nest, located just north of the property boundary, and proposed future development activities on the Project site. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed amendment will not modify the minimum requirement for 1.63+/- acres of on -site preserve area. Additionally, the MPUD will provide landscape buffers, lakes and recreational areas, which will meet the LDC's definition of useable open space. Per the proposed PUD master plan, the project will provide preserve and useable open space in compliance with the GMP and LDC requirements. Hammock Park MPUD PL20180002813 Evaluation Criteria Page 4 of 5 f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. As outlined in the enclosed application, all required public infrastructure is available and adequate to service the MPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. While the MPUD boundary is not expanding in size, the zoning is being amended to add residential uses and allow for horizontally -integrated mixed use development at an atertial intersection. The mix of uses proposed by the amendment will not exceed the existing trip cap in place for the approved 160,000 square feet of commercial uses. Additionally, the mixed -use development program will provide opportunities for workforce housing and multi -modal movement through the site that will ultimately reduce the reliance on automobiles. The MPUD is located in an area of the County specifically intended for this type of development, and where the expansion of mixed uses can be accomodaed by appropriate faciliities and infrastructure. h. 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. The project will continue to conform to all applicable PUD regulations, except where a deviation is approved. Hammock Park MPUD PL20180002813 Evaluation Criteria Page 5 of 5 HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 PRE -APPLICATION MEETING NOTES CO*Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUD Rezone (i?�) &LOA Date and Time: Thursday 10 / 11 / 18 1: 30 PM Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): ect Information Project Name: Hammock Park CPUD (PUDS) and GMPA PL#: 20180002813 Property ID #: 00416720000 Current Zoning: CPUD 8530 Collier Blvd. Project Address: City: Naples State: FL Zip: 34114 Applicant: Lindsay Robin Agent Name: Alexis Crespo, AICP Phone: 239-405-7777 ext 2232 Waldrop Engineering 28100 Bonita Grande Agent/Firm Address: City: Dr . , #305, Bonita Springs, F _ State: Zip: 3 413 5 Property Owner• Wilton Land Company, LLC-00416720000 Please provide the following, if applicable: i. Total Acreage: 18 . 9 9 ii. Proposed#of Residential Units: 265 Multi -Family Units iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: ORD 07-30 vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/24/2018 Page 1 1 of 5 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093. E " MENAaL (,A, t Por �i� �eCume•.��A i�o SUpPor� 41: Loc4+iorJ 6F fkc PrOPOSEA PresEfm FLU Fc maPPl�j Ufa+Ec�Ec� SP�CI �� P�casE Address ba>,NFt1-3�.-��L� B1�1� C�e� - ADDr�csS (-zMP G0A Ls ( t 7. SEE Check G s-f Provik Soiv+E ki's+pry 671- prtr��►,S PERro�� hiS�if� 1g,j,e �e.0 A s T l'n',XFf) vSe , hr�e[fe#- j �+e-1,,j Ae f3 LOhnrcy-LS Gc1..`� a/ ►-e,r VSe1 nA1►�,, l/hi'/tswft' L�du C�'�tyeA4-- VnlTyr,✓. iQ!"414 '7 �[�yrL f�g� l tt �f lei 11.re �,i%u - �e. V1IX VV eC'.1'�> T� Disclaimer. • Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/24/2018 Page 1 2 of 5 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 La P14111 �1 V.t riMA MAS 2► d � �'� r'�- ! U--Rh/�' f �-�/) ' � l!J'Yc,-+� CS= �-✓% ��i J✓t�! � / � % ,/ f!' % � t�� - ��-� k°�i�l �cycii /'�� /'��—� /7�''/►�,�v�2 u+�` �il'Cy��j� 1, �• fr..i J 1.� V / y.f% ,Y� �� i;.)si J 1 r n � � 1 �� = j• f^r'L. ✓ii � " /t�G GCi (-*,//J�� 7� L r ✓'ter r -IC ILI Other required documentation for submittal (not listed on application): .1.Y1 ' t+ .ri /r",rirrr •� C'1 W'Ct Alc"r)rd irif+f} r / . 1 - -r ✓ cc� r] 0('t4 i` �'f ?t: �.CG_ [,? c' // (� c' R I f [,,,�.,(.14 5 Disclaimer: ln�rmahon provided by staff to applicant during the Pre-Applicaf on Meeting is / based on the best available data at the time of the meeting and may not fully inform the 1�r1�s Oil applicant of issues that could arise during the process. The Administrative Code and LDC c I /C4Zscs dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. 34 Updated 7/24/2018 Page 13'of 5 Cot[ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Meeting Notes i fraK rv.IAC - r{ec� cF r� 4 4tttSn!t 111 vt al 1- 1,i n r a ,4 • J- iL l A),— 2 o .fl Cc ve g rr� 7 t t a Lc (r 7l- c? 1, I11Cit�{i if Ci ! V G�i !l :l a(I K - F� C! C{ ryl r.. I -1 ��k r-I A '--) FA//� LLI 1 L �� L f lC C / 2 C ! �[ I n Kj P irl C� �` Ic G 11Ol- l 7� J iY'S Ott. 17� C .� K r? Gt C r S 0 Other required documentation for submittal (not listed on application): SFr /fftc e/j 7izrr�-s�'c;LT�1'PLRNN1ty Pud i/fn,�� Cyiec,l<L.r Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/24/2018 38 Page J ,S of 5 Cper County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 PrePA#pli t( n Me�i n-In S eetZ) Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david.anthony@colliercountyfl.gov ❑ Summer Araque Environmental Review GMD Operations and Regulatory Management 252-6290 252-5887 summer.brownaraque@colliercountyfl.gov claudine.auclair@colliercountyfl.gov ❑ Claudine Auclair ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov laurie.beard@colliercountyfl.gov cra ig. brown @coll iercou ntyf Lgov I�Laurie Beard PUD Monitoring 252-5782 252-2548 Craig Brown Environmental Specialist Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Kay Deselem Zoning Services 252-2586 kay.deselem@colliercountyfl.gov ❑ Dale Fey North Collier Fire 597-9227 dfey@northcollierfire.com Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov paula.fleishman@colliercountyfl.gov james.french@colliercountyfl.gov michael.gibbons@colliercountyfl.gov ❑ Paula Fleishman Impact Fee Administration 252-2924 252-5717 252-2426 ❑ James French Growth Management Deputy Department Head Structural/Residential Plan Review ❑ Michael Gibbons ❑Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov NancyGundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Shar Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jodi Hughes Transportation Pathways 252-5744 jodi.hughes@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@coiliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 1 252-8279 1 matthew.mclean@colliercountyfl.gov Updated 7/24/2018 Page 1 4 of 5 cAer county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Stefanie Nawrocki Development Review - Zoning 252-2313 stefanie.nawrocki@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 brandy.otero@colIiercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Daniel Roman, P.E. Engineering Utilities 252-2538 daniel.roman@colliercountyfl.gov ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Division Operations 1 252-1042 camden.smith@colliercountyfl.gov ❑ Scott Stone Assistant County Attorney 252-5740 scott.stone@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov !_ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email <--i� S Sal �61y a� - -S?czr. StCUS q G12Q(t'u�-/hSUCrt�(i�S `i-u;bb&CAnQb en passaRtk-i " Gl wit iwr%� Wtl� .� FES ram Ee. V�atdm I is U o5 1 �� wa►1d�+rc e�>I � t+-, nT J Re3J L_ (o C (ZEN ( Updated 7/24/2018 Page 1 5 of 5 4+ F Collier County Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." Environmental P iDZ-PUDA Checklist (non-RFMU) Project Name 1 hmmoGk PRKK, I . Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). Preserve Label- P546 UProvide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-1); 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 05- Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback — New G Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 DO. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 oilIf the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable uses within County required preserves Alternate format. If the agent insists on listing specific uses under Accessory Uses, the following language shall be used for B: B. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Passive uses are subject to LDC section Allowable uses within County required preserves: 1. Pathways 2. Stormwater only when in accordance with the LDC. PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 012-PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 13. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Additional Comments: Environmental Data Checklist Project Name HArAfy\b(,K PA ILK The Environmental Data requirements can be found in LDC Section 3.08.00 �Provide the EIS fee if PUD or CU. 02- WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. ( 3.) Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the �J Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. Will Stormwater be directed in the wetland preserves? 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. If wetlands will be used for stormwater provide the topo map Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay 17. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 18. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 19. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 20. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 21. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 22. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. bb.. Explain how project is consistent with each of the applicable objectives and policies in the COME of the GMP. GOADS Gr t I cO Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. 8e. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. Address each one. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 23. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 24. Is EAC Review (by CCPC) required? Yb BE De4Frw►wje pj+ Ft a5f RETIE w 25. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. A note needs to be added to the MCP and preserve as a buffer needs to be added to the commitments. 26. Additional comments '_7. Stipulations for approval (Conditions) for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 011. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. G Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. Co per County Growth Management Department Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. Zoning Division NA-4 PL20180002813 — Hammock Park CPUD (R646M & PL20180002804 (GMPA) - PRE-APP INFO Assigned Ops Staff: Tom Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Lindsay Robin (239) 405-7777 ext. 2232 • Agent to list for PL# Alexis Crespo, AICP Waldrop Engineering • Owner of property (all owners for all parcels) Wilton Land Company, LLC - 00416720000 • Confirm Purpose of Pre-App: (Rezone, etc.) PUD Rezone and GMP Amendment • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Adding 265 multi -family units while maintaining maximum peak hour trips associated with current approval for 160,000 • Details about Project (choose type that applies): PUD to PUD Rezone (PUDR) — Development will be phased, schedule unknown at this time. Request is for a GMPA and MPUD Rezone to allow for a mix of residential and commercial uses in the mixed use activity center. REQUIRED Supplemental Information provided by: Name: Lindsay Robin Title: Project Planner Email: Lindsayr@waldropengineering.com Phone: (239) 405-7777 ext. 2232 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information i Zoning Division • 2800 North Horseshoe Drive - Naples, Flaida 34104. 239-252-2400 • www.colhergov net Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ,�-�/ Ifd ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1Zr Li Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist I Warranty Deed(s) 1Er ❑ List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1FJ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 oo ❑ Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑] ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study I Historical Survey 1 ❑Er School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)' ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ �l Checklist continues on next page i F' 4W July 30, 2018 001-0 9 f IA " Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. Coll iergov. net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ Li Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: IP Exhibit A: List of Permitted Uses K" Exhibit B: Development Standards V Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code :T/ Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PFTITInN NFFnc Tn RF Rni 1TFn Tn TUF cni I MAIlM - er111C%A1C0c. School District (Residential Components): Amy ockheart ❑ ,Conservancy of SWFL: Nichole Johnson tilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ASSOCIATED FEES FOR APPLICATION V Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre D PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre Ly',PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre 1 Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 - Listed or Protected Species Review (when an EIS is not required): $1,000.00 1� Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. O Minor Study Review: $750.00 O Major Study Review $1,500.00 July 30, 2018 Page 10 of 11 CAA County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 ir/Legal A ertising Fees: PC: $1,125.00 ;BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date July 30, 2018 Page 11 of 11 HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 EXECUTED AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMB 1, applicable) of Wilton Land comp: under oath, that I am the (c 1. I have full autl the reference( application ani 2. All answers to attached herei 3. 1 have authori; for the purposi 4. The property restrictions iml 5. We/I authorize in any matters *Notes: • If the applicant is a corp, • If the applicant is a Lim typically be signed by th • If the applicant is a partr • If the applicant is a limi partner" of the named p� • If the applicant is a trust, • In each instance, first d use the appropriate forrr Under penalties of perji the facts stated in it are AFFIDAVIT OF AUTHORIZA' S(S) PL20180002813 (print name), as LLC ose one) ownerF7_1applicant ncontra ority to secure the approval(s) requested and property as a result of any action approves the Land Development Code; the questions in this application and any sket( and made a part of this application are hone: ed the staff of Collier County to enter upon tl of investigating and evaluating the request m will be transferred, conveyed, sold or sut osed by the approved action. David Torres, Waldrop Engineering, P.A. & Coleman, Yovanovich & Kc ,egarding this petition including 1 through 2 at ation, then it is usually executed by the Corp. -d Liability Company (L.L.C.) or Limited Co/ Company's "Managing Member. " rship, then typically a partner can sign on be �d partnership, then the general partner mb en they must include the trustee's name !rmine the applicant's status, e.g., indiv, for that ownership. , I declare that I have read the foregoing 6 -� (� Signature .ati a �# . ,"rs�� t..A) STATE OF FLORIDA COUNTY OF COLLIER foregoing insttumentt wt_41_ sworn to (or affirmed) and subscribed ,�3fCA7 . t -9 k game of who is personally (type of identification) as id STAMP/SEAL ary Public State of Florida ritza Aguiar Commission GG 145859 ,ires 1210812021 CP\08-COA-00115\155 REV 3/24/14 to me (title, if ompany, If applicable), swear or affirm purchaserFland that: D impose covenants and restrictions on by the County in accordance with this es, data or other supplementary matter and true; property during normal working hours ie through this application; and that ivided subject to the conditions and P.A. to act as our/my representative or v. pres. (L.C.), then the documents should f of the partnership. sign and be identified as the "general the words "as trustee". corporate, trust, partnership, and then it of Authorization and that 16--1g Date me on % YO (date) by i providind oatq or affirmation), as has produced HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 EXECUTED DISCLOSURE FORM Co ev County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierftov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. Please complete the following, use additional sheets if necessary. 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 (.1 C. erLenr.dr,e ui 5uu1 inLereaL. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the iercentage of stock owned by each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the erc,enLake ui inneresL. I Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierxov.net (239) 2S2-2400 FAX: (239) 252-6358 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 % of Ownership 101 ' G9,�a a�-vt r R-cvo T 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 f nnLera, JLULK1JU1ue1n, ue11e11udrie5, ur Farmers: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired -1 2_.3 r 2 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliersov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signa re Dat e v S C v Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 PROPERTY OWNERSHIP INFORMATION IAIENGINEERING PLANNING I CIVIL ENGINEERING LANDSCAPE ARCHITECTURE HAMMOCK PARK MPUD OWNERSHIP INFORMATION Wilton Land Company, LLC is owned by: 99% George P. Bauer Revocable Trust 1 % Carol P. Bauer Revocable Trust George and Carol Bauer are husband and wife. Beneficiaries depend on timing: BONITA SPRINGS Tampa Orlando Sarasota 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 P. (239) 405-7777 f. (239) 405-7899 This is a revocable trusts so during grantor's lifetime, he or she are the beneficiary. HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 EXECUTED COVENANT OF UNIFIED CONTROL COLLIER COUNTY GOVERI GROWTH MANAGEMENT www.colliergov.net The undersigned do hereby commonly known as 8530 Cc and legally described in countyC.�*er RTMENT COVENANT OF UNIFIED CO ear or affirm that we are the fee simple titleh Blvd., Naples FL 34114 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Im ers and owners of record of property (Street address and City, State and Zip Cod) A attached hereto. The property described h rein is the subject of an application for commercial planned unit development (c PUD) zonl�lg. We hereby designate DavidTorres,Al-i.G..pobRich Y—no—h legal representative thereof, as the legal representatives of the prop Ierty and as such, these individuals are authorized W legally bind all owners of the property in the course of seeking the n' cessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to auth rize development activity on the property until such time as a new or amended covenant of unified control is delivered t Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved aster plan including all conditions placed on the development nd all commitments agreed to by the applica it in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is del vered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to co ply with any requirements, conditions, or safeguards provided fora in the planned unit development process will cons Jtute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not isLwe permits, certificates, or licenses to occupy or use arry part of the planned unit development and the County may s:op ongoing construction activity until the project is brought into compliance with all terms, conditions an safeguard., of the planned unit development.) Owner Owner Lp" C, . Printed Name Printe Name a Rvs` i+�r�t STATE OF FLORIDA) 0 / COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of � fy7u�L 201 by 4ep-ire, %r xsuef who is personally known to me or has produced IQLA as identification. Q,tppY Pr NOCE11'y isUb(G Stl t9 of Fi0Yld9 S Charlotte M W alkUP Notary Public �c My Commission FP 946657 Y Qrn Expires 0112112 20 (Name typed, prir ted or stamped) July 30, 2018 Page 8 of 11 Details PrintI [ Tax Bills Change of Address Page 1 of 1 Property Summary I Property Detail I Sketches II Trim Notices Parcel No 00416720000 Site Address BLVD 8530 COLLIER Site City NAPLES Site Zone *Note 34114 . Map No. Strap No. Section Township Range Acres *Estimated 51314 000100 005 51314 14 50 26 1 18.99 14 50 26 S1/2 OF SW1/4 OF SW1/4 LESS R/W, AND W80FT OF S1/2 OF SE1/4 OF SW1/4, LESS CHAT PORTION FOR R/W AS DESC IN OR 4336 PG 3681, AND N30FT OF N1/2 OF NW1/4 OF NW1/4 OF SEC 23-50-26 LESS R/W Millage Area A 39 Millage Rates O *Calculations v http://www.collierappraiser.comlmain search/recorddetail.html?sid=146859313&Map=No&FolioNum=00... 11/30/2018 HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 ADDRESSING CHECKLIST Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) 0 PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER GMPA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See attached. S 14 T 5 0 R2 6 FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 00416720000 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 8530 Collier Boulevard • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Hammock Park Commerce Centre CPUD PROPOSED PROJECT NAME (if applicable) N/A PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP_- orAR or PL# PL20120001222 Rev. 6/9/2017 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) N/A (Hammock Park Commerce Centre CPUD) Please Return Approved Checklist By: 0 Email Applicant Name: Lindsay Robin Phone: 239-405-7777 ❑ Fax ❑ Personally picked up Email/Fax: lindsay.robin@waldropengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00416720000 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ Date: 9 / 6 / 2 018 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 Details PrintI [ Tax Bills Change of Address Page 1 of 1 Property Summary I Property Detail I Sketches II Trim Notices Parcel No 00416720000 Site Address BLVD 8530 COLLIER Site City NAPLES Site Zone *Note 34114 . Map No. Strap No. Section Township Range Acres *Estimated 51314 000100 005 51314 14 50 26 1 18.99 14 50 26 S1/2 OF SW1/4 OF SW1/4 LESS R/W, AND W80FT OF S1/2 OF SE1/4 OF SW1/4, LESS CHAT PORTION FOR R/W AS DESC IN OR 4336 PG 3681, AND N30FT OF N1/2 OF NW1/4 OF NW1/4 OF SEC 23-50-26 LESS R/W Millage Area Ia 39 C'.. L. /f Millage Rates 9 *Calculations v http://www.collierappraiser.comlmain search/recorddetail.html?sid=127729460&Map=No&FolioNum=0041... 9/6/2018 LOCATION MAP IAIENGINEERING HAMMOCK PARK CPUD PUDA WARRANTY DEED CCPC PACKAGE PL20180002813 INSTR 4721067 OR 4819 PG 3122 RECORDED 7/24/2012 12:16 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $26,600.00 REC $44.00 CONS $3,800,000.00 Prepared by (and return to): Howard S. Miller, Esq. Law Firm of Trenam Kemker 200 Central Avenue, Suite 1600 St. Petersburg, Florida 33701 Parcel Identification Number(s): 00416720000 and 00417760001 SPECIAL WARRANTY DEED THIS INDENTURE is made and entered into as of the. day of July, 2012, by and between SEMBLER FAMILY PARTNERSHIP #42, LTD., a Florida limited partnership ("Grantor"), whose mailing address is 5858 Central Avenue, St. Petersburg, FL 33707, and WILTON LAND COMPANY, LLC, a Florida limited liability company ("Grantee'), whose mailing address is 3921 Prospect Avenue, Naples, FL 34104. WITNESSETH, that Gr, Dollars ($10.00) and other go sufficiency whereof is hereby a released, conveyed and confir, alienate, remise, release, conv and assigns forever, the foliov Florida, to -wit: lrw1-bdk4detation of the sum of Ten and No/100 +valuable consi 8)1pt in hand paid, the receipt and ged, has granted, a rg�ined, sold, alienated, remised, r" Uy .iltese�[ sents Ind e hereby grant, bargain, sell, ra � rm--unto Gntee,%Grantee's heirs, successors rilie:tr�r1 'in" heCounty of Collier, State of AND INCOR THERETO,N� 0, TOGETHER with all th ments hereditamsk athd appurtenances, and every privilege, right, title, interest and tom,ea�ersion, remihii r and easement thereto belonging or in anywise appertaining (collectively tt"1rort_ �. SUBJECT TO the encumbrances and exceptions described on Exhibit B attached hereto and incorporated herein by reference thereto (collectively, "Permitted Exceptions"); provided, however, that neither Grantor nor Grantee intend to reimpose any Permitted Exceptions nor shall this conveyance operate to reimpose or extend any Permitted Exceptions. TO HAVE AND TO HOLD the same in fee simple forever. And Grantor does hereby warrant the title to the Property, subject to and except for the Permitted Exceptions, and will defend the same, subject to and except for the Permitted Exceptions, against the lawful claims, of all persons claiming by, through or under Grantor, but against none other. [SIGNATURES CONTAINED ON FOLLOWING PAGE] 66883520-121459 Pagel of 5 OR 4819 PG 3123 SIGNATURE PAGE TO SPECIAL WARRANTY DEED BY SEMBLER FAMILY PARTNERSHIP #42, LTD. TO AND IN FAVOR OF WILTON LAND COMPANY, LLC IN WITNESS WHEREOF, Grantor has caused these presents to be signed and sealed the day and year above written. Signed, sealed and delivered in the presence of: Witness Sfgnatu Print Witness Name: ,Wd1Gc�L� Witness Signature) Print Witness Name: Wo,,--* STATE OF FLORIDA COUNTY OF PINELLAS SEMBLER FAMILY PARTNERSHIP #42, LTD., a Florida limited partnership a Na Its: Sembler Retail II, Inc., a Florida corporation, its General Partner 0 The foregoing instrument was ` ckr l� -c �efore me this day of July, 2012, by orL1 S • S p-�-Y 09� - � s► ROT, � of Sembler Retail II, Inc., a lorida corporation, as General Partner of Sembler Family Partnership #42, Ltd., a Florida limited partnership, on behalf of said corporation and partnership. He is [select one]: ( �rsonally known to me; or ( ) produced a valid driver's license as identification. Notary public - (S mmission Expires: JMIINE K SMITH * * MY COMMISSION 0 EE 18 M EXPIRES: April 30,2016 Banded ft BU* Notary semces 6688352v3-121459 Page 2 of 5 OR 4819 PG 3124 EXHIBIT A Legal Description of Property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Collier, STATE OF Florida, AND IS DESCRIBED AS FOLLOWS: Parcel 1 (14): The S 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, LESS the West 100 feet; AND Parcel 2 (15): The N 1/2 of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, LESS the West 100 feet; AND The Westerly 80 feet of the S 1/2 of the SE1/4 of the SW-1/4-ofSection„14, Township 50 South, Range 26 East, Collier County, Florida; Parcel 3 (25): -<' V The S 1/2 of the SE 1/4 of the SW 1/4 of f,ctiTownship 50 South, Range 6, Collier County, Florida, LESS the Westerly 80 feet; 1 - AND k Parcel 4 (29): 1 The North 30 feet of that certain tract beds fo 110, The N 1/2 of the NW 1/4 of the NW 1/410 n 23, Township 50 S Ra0ge st, Collier County, Florida, LESS the West 100 feet LESS AND EXCEPT that portion contained In -irk ty Deed to Collier Co,nt�+ [d`ed In Official Records Book 4336, Page 3681, of the Public Records of Collier Count%4,, .� 6688352v3-121459 Page 3 of 5 OR 4819 PG 3125 EXHIBIT B Permitted Exceptions 1. Real estate taxes and assessments for the year of 2012 and subsequent years which are not yet due and payable; 2. Zoning, building code and other use restrictions imposed by governmental authority; 3. Any encroachments and other matters and facts as an accurate survey or personal inspection would disclose; 4. Right of Way Agreement in favor of Florida Power & Light Company, recorded in O.R. Book 850, Page 976; as affected by Access Easements recorded in O.R. Book 3050, page 3433, and O.R. Book 3129, page 2252; Right of Way Consent Agreement, a Memorandum of which was recorded in O.R. Book 3857, page 1047, and Right of Way Consent Agreement, a Memorandum of which was recorded in O.R. Book 436,5 p p 2135 (as to Parcel 2 (15) and Parcel 1(14)); 5. Right -of -Way Agree -or of Froris�,'` 49uer & Light Company, recorded in O.R. Book 870, P'46 43; as affected by°11�rh-fif-1,Qf-Way Consent Agreement of which a Memorar clujni�+ras- ecorded in O.R. Bbok 3857, Page 1047 (as to Parcel 4(29)). x ,, a 6. Perpetual easemoit 6,dri too fpr s� and egress recorded in O.R. Book 882, Pace 166 as o Pairc 114 � a :�,.:.� 7. Easement in f *,69f Collier County Arid , fo. rq d rights -of -way, utilities and drainage recorded, 4,0.R. Book 981, P 2J2 ( , c Parcel 3 (25)). 8. Easement in favor\gf clfier County, Flor4d fpi road rights -of way, utilities and drainage recorded in ? ic*'F d7 �d) , Page 294 (as to Parcel 1 (14)). 9. Easement in favor of Florida Power N & Light Company recorded in O.R. Book 1129, Page 20; as affected by Right -of -Way Consent Agreement of which a Memorandum was recorded in O.R. Book 3857, Page 1047 (as to Parcel 2 (15)). 10. Non-exclusive easement for ingress and egress, road right-of-way, utilities and drainage recorded in O.R. Book 1156, Page 927 (as to Parcel 3 (25)). 11. Easements for access and utilities as set forth in Order of Taking recorded in O.R. Book 3910, Page 3745 (as to Parcels 1 (14), 2(15) and 4 (29)). 12. Developer Agreement recorded in O.R. Book 4202, Page 675 (as to Parcels 1 (14) and 2 (15)). 13. Conservation Easement in favor of the South Florida Water Management District recorded in O.R. Book 4351, Page 1191 and Notice of Right of Way Permit recorded in O.R. Book 4439, Page 1831 (as to Parcel 3 (25)). 14. Terms, provisions, conditions, covenants, restrictions and easements contained in Entrance Drive Construction and Easement Agreement recorded in O.R. Book 4474, Page 1232 (as to all Parcels). 6688352v3-121459 Page 4 of 5 *** OR 4819 PG 3126 *** 15. Conservation Easement in favor of Collier County recorded in O.R. Book 4496, Page 258 (as to Parcel 2 (15)). 16. Construction of Improvements Cooperation and Easement Agreement recorded in O.R. Book 4524, Page 215 (as to all Parcels), as affected by that certain Amended and Restated Construction of Improvements and Cooperation Agreement recorded simultaneously herewith. 17. Disclosure Notice recorded in O.R. Book 4600, Page 1443 (as to Parcel 3 (25)) 18. Terms and conditions of Stipulated Final Judgment recorded in O.R. Book 4631, Page 1022 (as to Parcels 1 (14), 2 (15) and 4 (29)). 19. Letter of Agreement recorded in O.R. Book 4698, Page 2336 (as to all Parcels). 20. Ordinance 75-20 (water) recorded in O.R. Book 619, Page 1177 and Ordinance (75-21 (trees) recorded in O.R. Book 619, Page 1182. 21. Collier Car. t l; ing a Regional Sewer System and ounty Ordinance ,. � — providing for impact plo', � t , All recording information referred Florida, unless otherwise indicated. ins„ to the\pulAc records of Collier County, 6688352v3-121459 Page 5 of 5 HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 LIST IDENTIFYING ALL PROPERTY OWNERS & PARTIES OF THE CORPORATION Detail by Entity Name Page 1 of 2 Florida Department of State JJ . r (I) ri r .r . r r / �J2�J�ls\ f fJ� (� cur offichd .5we of Flonda Ive&ue Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company WILTON LAND COMPANY, LLC Filing Information Document Number L09000066780 FEI/EIN Number 27-0590349 Date Filed 07/10/2009 State FL Status ACTIVE Principal Address 206 DUDLEY ROAD WILTON, CT 06897 Mailing Address 206 DUDLEY ROAD WILTON. CT 06897 Registered Agent Name & Address COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL N. SUITE 300 NAPLES, FL 34103 Name Changed: 04/20/2011 Address Changed: 04/20/2011 Authorized Person(s) Detail Name & Address Title MGR GEORGE P BAUER REVOCABLE TRUST UAD 7/20/90 206 DUDLEY ROAD WILTON, CT 06897 Annual Reports Report Year Filed Date 2016 07/18/2016 2017 04/24/2017 2018 01/19/2018 DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/15/2018 Detail by Entity Name Page 2 of 2 Document Images 01/19/2018 --ANNUAL REPORT View image in PDF format 04/24/2017 -- ANNUAL REPORT View image in PDF format 07/18/2016 -- ANNUAL REPORT View image in PDF format 03/23/2015 -- ANNUAL REPORT View image in PDF format 06/10/2014 -- ANNUAL REPORT View image in PDF format 04/15/2013 -- ANNUAL REPORT View image in PDF format 04/27/2012 -- ANNUAL REPORT View image in PDF format 04/20/2011 --ANNUAL REPORT View image in PDF format 04/08/2010 -- ANNUAL REPORT View image in PDF format 07/10/2009 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/ 15/2018 HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 BOUNDARY SURVEY `Rase°= a o� €�� Zs=€?aa�se;onlm�=e��e;a"sg�aFm W ®Eg e0. ni®o%�"?®®10 �I g o € I ____�;fe3 ___ ___________________J4 wWg HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 STATEMENT OF UTILITY PROVISIONS Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Wilton Land Company LLC Address: 206 Dudley Road City: Wilton Telephone: 1-877-357-8271 x700 Cell: N/A E-Mail Address: david@flstardevelopment.com Address of Subject Property (If available): City: Naples 8530 Collier Blvd. State: FL ZIP: 34114 PROPERTY INFORMATION Section/Township/Range: 14 / 50 / 26 Lot: Block: Subdivision: State: CT Fax: N/A Metes & Bounds Description: See Legal Description in PUD, Exhibit D Plat Book: Page #: Property I.D. Number: 00416720000 ZIP: 06897 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System Q b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: Collier County UtIIIt12S d. Package Treatment Plant ❑ (GPD Capacity): N/A e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Total Population to be Served: 663 Peak and Average Daily Demands: Provide Name: Collier County Utilities A. Water -Peak: 299,504 GPD Average Daily: 110,250 GPD B. Sewer -Peak: 304,330 GPD Average Daily: 78,750 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 2020 July 30, 2018 Page 6 of 11 HENGINEERING HAMMOCK PARK CPUD PUDA WASTEWATER FLOW CALCULATIONS CCPC PACKAGE PL20180002813 Project: Hammock Park MPUD Task: Determine impacts to previously approved Hacienda Lakes Lift Station #1. Hacienda Lakes Lift Station #1 Original Average ERU Number of Flow Per Average Daily Parcel Use Daily Flow (1ERU=100 Units (SF) Unit Flow (GPD) GPM GPD Hacienda Lakes Commercial(') 327,500 0.10 32,750 22.7 328 Hacienda Lakes Office 1 70,000 0.15 10,500 7.3 105 Hammock Park Commerce (1) ---- 32,824 22.8 328 Centre CPUD McMullen MPUD(1) ---- 51,400 35.7 514 Total Gravity Inflowl 1 127,474 1 88.5 1 1,275 Hacienda Lakes Lift Station #1 Original Master Plan Pumped Inflows(l) Number of Average ERU Flow Per Average Daily Parcel Use Units Daily Flow (1ERU=100 Flow (GPD) (Residential)Unit GPM GPD Lift Station 2 Single Family 77- 302 181 54,662 38.0 547 (Esplanade at Haceinda Lakes Lift Station 2 Multi -Family 152 141 21,432 14.9 214 (Esplanade at Haceinda Lakes Lift Station 3 Single Family 183 181 33,123 23.0 331 Azure at Hacienda Lakes Lift Station 3 Multi -Family 198 142 28,116 19.5 281 Azure at Hacienda Lakes Junior Deputy 1 ---- 4,000 2.8 40 Public School ---- 14,000 9.7 140 Total Pumped Inflowl 1 1 155,333 1 107.9 1 1,553 Total Inflow Zone 1 Total Average Day Inflow =(Gravity Sewer Flow + (Pumped Inflow) Total Average Day Inflow = 196.4 GPM Peaking Factor 3.46 Total Peak Hour Inflow = (Total Average Day Inflow) x Peaking Factor Total Peak Hour Inflow = 679 GPM Lift Station Station Designed Capacity Modeled Flow Rate 742 GPM Capacity Available in Lift Station #100 rEapciaty Available 63 GPM Peak Factor = 18 + (p)1/2 4 + (P)1/2 P= 2.828 (ERU / 1000) 1of3 Hacienda Lakes Lift Station #1 Revised Gravity Sewer Flows Average ERU Number of Flow Per Average Daily Parcel Use Daily Flow (1ERU=100 Units Unit Flow (GPD) GPM GPD Hacienda Lakes Commercial(') 327,500 SF 0.10 32,750 22.7 328 Hacienda Lakes Office(l) 70,000 SF 0.15 10,500 7.3 105 Hammock Park MPUD (Multi -Family) 265 250 66,250 46.0 663 Hammock Park MPUD (Commercial) 148,500 0.125 18,563 12.9 186 McMullen MPUD(l) ---- 51,400 35.7 514 Total Gravity Inflowl 1 179,463 1 124.6 1 1,796 Hacienda Lakes Lift Station #1 Revised Pumped Inflows Number of Average ERU Flow Per Average Daily Parcel Use Units Daily Flow (1ERU=100 Unit Flow (GPD) Residential GPM GPD Lift Station 2 Single Family (Esplanade at Haceinda Lakes) 443 ---- 102,700 71.3 1,027 Lift Station 2 Commercial (Esplanade at Haceinda Lakes) 1,313 0.9 13 Lift Station 3 Single Family (Azure at Hacienda Lakes) 405 250 101,250 70.3 1,013 Lift Station 3 Commercial (Azure at Hacienda Lakes) 1,724 1.2 17 Junior Deputy ---- 3,406 2.4 34 Public School ---- 14,000 9.7 140 Total Pumped Inflowl 1 1 224,393 1 155.8 1 2,244 Total Inflow Zone 1 Total Average Day Inflow = (Gravity Sewer Flow) + (Pumped Inflow) Total Average Day Inflow = 280.5 GPM Peak Factor = 18 + (p)"' Peaking Factor 3.33 4 + (p)1/2 P= 4.040 (ERU / 1000) Total Peak Hour Inflow = (Total Average Day Inflow) x Peaking Factor Total Peak Hour Inflow = 934 GPM Lift Station Station Designed Capacity Modeled Flow Rate 742 GPM Capacity Available in Lift Station #100 rEapciaty Available 192 GPM 2of3 Conclusion: he revised land use proposed under the zoning application for the Hammock Park MPUD will increase the previously esigned Peak Hour Flow from 679 GPM to 934 GPM. This increase in Peak Hour Flow may require modification of lift ration #1 (PS 302.70) located at the southeast corner of the project, and having a desing capacity (operating point) of 742 PM, to facilitate the revised land use. Modifications may include upgrades to the control panel, variable frequency drives, ibmersible pumps, and standby Diesel pump as well as adjustment of level setpoints. Notes: (1) Input data for sanitary flows is based on Hacienda Sanitary Sewer Design Calculations by RWA Inc, March 29, 2013. (2) Lift Station 2 (PS 302.71) average daily flow per PL20180000648 Engineering Report prepared by Waldrop Engineering dated 5/2/2018 (3) Lift Station 3 (PS 302.72) average daily flow per PL20180002205 Engineering Report prepared by Waldrop Engineering dated 11/13/2018 (4) Junior Deputy average daily flow per Camp Discovery (PL201600001148) Engineering Report prepared by Hagan Engineering, dated 8/23/2017 3of3 HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 TRAFFIC IMPACT STATEMENT TPODIICOCR planning-enoineerine Traffic Impact Statement Hammock Park Growth Management Plan Amendment (GMPA) Planned Unit Development Amendment (PUDA) Collier County, Florida 05/30/2019 Prepared for: Waldrop Engineering, PA 28100 Bonita Grande Drive, Suite 305 Bonita Springs, FL 34135 Phone: 239-405-7777 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcockCcDtrebiIcock. biz Collier County Transportation Methodology Fee* — $500.00 Fee Collier County Transportation Review Fee* — Small Scale Study — No Fee Note — *to be collected at time of first submittal Hammock Park — GMPA/PUDA — TIS — May 2019 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. %%�,`N `3 "T R % No 47116 ; X z :1 ' STATE OF ' 4/ 0. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 Hammock Park — GMPA/PUDA — TIS — May 2019 Table of Contents ProjectDescription......................................................................................................................... 4 TripGeneration............................................................................................................................... 6 BackgroundTraffic.......................................................................................................................... 8 Existing and Future Roadway Network........................................................................................... 9 Project Impacts to Area Roadway Network -Link Analysis............................................................ 10 Site Access Turn Lane Analysis...................................................................................................... 12 ImprovementAnalysis.................................................................................................................. 13 Mitigationof Impact..................................................................................................................... 13 Appendices Appendix A: Project Conceptual Site Plan................................................................................... 14 Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 16 Appendix C: ITE Trip Generation Calculations............................................................................. 23 Appendix D: Collier County Transportation Element Map TR-7 — Excerpt .................................. 33 Appendix E: Turning Movement Exhibits.................................................................................... 35 Trebilcock Consulting Solutions, PA P a g e 1 3 Hammock Park — GMPA/PUDA — TIS — May 2019 Project Description The Hammock Park project (formerly known as Hammock Park Commerce Center) is located in the northeast quadrant of the Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) intersection and lies within Section 14, Township 50 South, Range 26 East, in Collier County, Florida. The subject property is approximately 19.13 acres in size. Refer to Figure 1 — Project Location Map and Appendix A: Project Conceptual Site Plan. Figure 1— Project Location Map _�tt YBI otl Goll ��1• m�ia n _ SGountry.Club® $ fYe ra .. vma.WF g s ManorCe re—MM1 o ,mark ad aameaaoee Hammm Id Services at Lely Pa ms Hibiscus G¢IICIube _ gq a ° Spy` AarkQ �ySereniry a Naples Lakes — Gauntry Glub®„a ,a,ar s y,r„„, m, FloriJa Sports Park'Y P I' S p M km Ranl eke at Nepl a Lak¢a`/Illage,. +�� Hammock s o aznake Hs�mra ock ad amlomake Hemmov'h ad PROJECT Graade ApanmemaQ LOCATION W � � n Pbyamlons Ragranul ©-Collier Lely Elementary School© 9lvtl Flantla SoutM1WeaternO - StateCo age Aeter at L¢ly==u Q QNaPIes AV Rcsoz ....,r. Coll¢r.,, ` Resotl ApattmeMs ,heArhnatonp •� o,o ,., ,Go gle/ Tha Cleae Club CauMry Map data 02018 Google 1000 h a Currently, the subject parcel is vacant. This development was previously approved to allow up to 160,000 square feet (sf) of retail and office uses (per Collier County Ordinance #07-30). A purpose of this report is to document the transportation impacts associated with the proposed Growth Management Plan Amendment (GMPA). The proposed amendment requests to allow up to 148,500 sf of commercial uses and up to 265 multifamily dwelling units (apartments). Additionally, a Planned Unit Development Amendment (PUDA) proposes a change to the projects current zoning classification of Commercial Planned Unit Development (CPUD) with a request to rezone the property to add a maximum of 265 multi -family dwelling units as a permitted use. Trebilcock Consulting Solutions, PA P a g e 14 Hammock Park — GMPA/PUDA — TIS — May 2019 The proposed amendment would allow for this alternative mixed -use development scenario, while preserving the right to build out the project with the approved 160,000 square feet of commercial uses, depending upon market demand. For the purposes of this report, it is anticipated that the project will be a single-phase development. The traffic analysis utilizes year 2023 planning horizon for buildout conditions. Traffic generation associated with the proposed development is evaluated generally based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition and ITE Trip Generation Handbook, P Edition. In agreement with ITE Land Use Code (LUC) descriptions, the ITE land use designations are illustrated in Table 1. Consistent with the previously approved Traffic Impact Statement (TIS) entitled "Hammock Park Commerce Center" dated September 7, 2006, the ITE Retail LUC 820 — Shopping Center is utilized to model the commercial land uses. Table 1 Development Program — ITE Land Use Designation Development Land Use - [SIC Code in Brackets] ITE LUC Size (ITE variable) Approved Development Parameters Retail and Office - [All PUD permitted uses 160,000 square Commercial typical for a shopping center as an 820 — Shopping Center feet inline/outparcel use]"' Proposed Development Parameters 220 — Multifamily Residential Multifamily (Apartments) - [N/A]' Housing 265 dwelling units (Low -Rise) Retail and Office - [All PUD permitted uses 148,500 square Commercial typical for a shopping center as an 820 — Shopping Center feet inline/outparcel use]"' Notes: 1) Refer to PUD section III 3.3A. 2) Shopping Center used as a highest and best use. Other SIC land uses may be used subject to size and trip cap limitations as applicable. 3) N/A= Not applicable. A methodology meeting was held with the Collier County Transportation Planning staff on October 18, 2018, via email [ref. Appendix B: Initial Meeting Checklist (Methodology Meeting)]. Please note that specific development parameters have changed. Proposed access points to the surrounding roadway network are depicted in the Conceptual Site Plan (Appendix A). A detailed evaluation of applicable access points — turn lane Trebilcock Consulting Solutions, PA P a g e 1 5 Hammock Park — GMPA/PUDA — TIS — May 2019 requirements will be performed at the time of site development permitting/platting when more specific development parameters will be made available. Trip Generation The software program OTISS (Online Traffic Impact Study Software), most current version is used to evaluate the projected trip generation for the project. The ITE equations and/or rates are used for the trip generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: ITE Trip Generation Calculations. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. For this project, the software program OTISS is used to generate associated internal capture trips. The OTISS process follows the trip balancing approach as recommended in the ITE Trip Generation Handbook, 3rd Edition. As internal capture data for the weekday daily time period is not available, the daily internal capture is assumed consistent with the AM peak hour internal capture rates. Based on the Collier County TIS Guidelines recommendations, the overall internal capture rate should be reasonable and should not exceed 20%. The resulting internal capture rates associated with the proposed development for the weekday traffic, AM peak hour and PM peak hour are 1%, 1% and 18%, respectively. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. It should be noted that the driveway volumes are not reduced as a result of the pass -by reduction, only the traffic added to the surrounding streets and intersections. As such, pass -by trips are not deducted for operational turn lane analysis (all external traffic is accounted for). Per ITE Trip Generation Handbook, 3rd Edition traffic data, the average pass -by trip percentage for LUC 820 — Shopping Center, PM peak period is 34%. The Collier County TIS Guidelines recommend that shopping center pass -by rates should not exceed 25% for the peak hour and that the daily capture rates are assumed to be 10% lower than the peak hour capture rate. For the purposes of this report, the shopping center daily pass -by capture rate is calculated at 15%, and the associated AM and PM peak hour capture rates are capped at 25%. Trebilcock Consulting Solutions, PA P a g e 1 6 Hammock Park — GMPA/PUDA — TIS — May 2019 In addition, consistent with the Collier County TIS Guidelines, the approved pass -by percentage is applied to the total (external) traffic and the resulting number of pass -by trips is equally split between the inbound and outbound trips. Per FDOT's Site Impact Handbook (Section 2.4.4) the number of pass -by trips should not exceed 10% of the adjacent street traffic. Based on our trip generation evaluation, the proposed pass - by trips do not exceed the 10% threshold. The estimated trip generation associated with the approved development parameters is illustrated in Table 2A. The traffic evaluation for the proposed GMPA/PUDA development conditions is summarized in Table 2B. Table 3 shows the estimated net new traffic volume — the difference between Table 2A and Table 2B (proposed conditions versus approved development parameters). Table 2A Trip Generation — Approved Development — Average Weekday Proposed Build -out Daily Two- Way Volume AM Peak Hour PM Peak Hour ITE Land Use Size* Enter Exit Total Enter Exit Total Shopping Center 160,000 sf 8,276 144 88 232 369 400 769 Total Traffic 8,276 144 88 232 369 400 769 Internal Capture 0 0 0 0 0 0 0 Total External 81276 144 88 232 369 400 769 Pass -by 11241 29 29 58 96 96 192 Net External 7,035 115 59 174 273 304 577 Note(s): *sf = square feet. Table 2B Trip Generation — Proposed GMPA/PUDA Build -out Conditions — Average Weekday Proposed Build -out ITE Land Use Size* Daily Two- Way Volume AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Shopping Center 148,500 sf 7,867 140 86 226 349 379 728 Multifamily Housing (Low Rise) 265 du 1,963 28 92 120 89 52 141 Total Traffic 9,830 168 178 346 438 431 869 Internal Capture 60 2 2 4 63 63 126 Total External 9,770 166 176 342 375 368 743 Pass -by 1,176 28 28 56 83 83 166 Net External 8,594 138 148 286 292 285 577 Note(s): *sf = square feet; du = dwelling units. Trebilcock Consulting Solutions, PA P a g e 1 7 Hammock Park — GMPA/PUDA — TIS — May 2019 In agreement with the Collier County Traffic Impact Study (TIS) guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net external traffic) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2018 Annual Update and Inventory Report (AUIR), the peak hour for adjacent roadway network is PM. For the purpose of this TIS, the surrounding roadway network link concurrency analysis is analyzed based on projected PM peak hour net new external traffic generated by the proposed GMPA/PUDA project as illustrated in Table 3. Table 3 Trip Generation — Projected Net New External Traffic — Average Weekday Development PM Peak Hour* Enter Exit Total Proposed Development GMPA/PUDA 292 285 577 Current Approved Development 273 304 577 Net New External Traffic 19 (19) 0 Increase/(Decrease) Note(s): *refer to Table 2A and Table 213. As illustrated in Table 3, transportation concurrency impacts associated with the proposed GMPA/PUDA development scenario do not exceed the traffic impacts allowed under current zoning conditions. In addition, the development should be limited to a maximum of 577 two- way PM peak hour net external trips generated at project buildout conditions. The site access turn lane analysis is evaluated based on the projected AM and PM peak hour external traffic conditions. The evaluated external two-way PM peak hour traffic associated with the proposed development is less intensive than the projected external traffic allowed under current zoning conditions. However, the inbound AM and PM peak hour traffic calculated under the proposed development scenario is higher and will be utilized in the traffic operational analyses. Background Traffic Average background traffic growth rates are estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a Trebilcock Consulting Solutions, PA P a g e 18 Hammock Park — GMPA/PUDA — TIS — May 2019 minimum 2% growth rate, or the historical growth rate from peak hour peak direction volume (estimated from 2008 through 2017), whichever is greater. Another way to derive the background traffic is to use the 2018 Annual Update and Inventory Report (AUIR) volume plus the trip bank volume. The higher of the two determinations is to be used in the Roadway Link Level of Service analysis. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the planning horizon year 2023. It is noted that the Rattlesnake Hammock Road segment located east of Collier Boulevard (aka Florida Sports Park Rd) is not a Collier County monitored roadway. Table 4 Background Traffic without Project (2018 - 2023) 2023 Projected 2023 Projected 2018 AUIR Projected Pk Hr, Peak Dir Pk Hr, Peak Dir CC Pk Hr, Pk Dir Traffic Background Background Roadway AUIR Roadway Link Background Annual Growth Trip Traffic Volume Traffic Volume Link Link Location Traffic Growth Factor Bank w/out Project w/out Project ID # Volume Rate (trips/hr) (trips/hr) Trip (trips/hr) (%/yr)* Growth Factor** Bank*** Davis Blvd to Collier Blvd 34.0 Rattlesnake 1,660 2.0% 1.1041 1,833 506 2,166 Hammock Rd Rattlesnake Collier Blvd 35.0 Hammock Rd to 1,900 2.0% 1.1041 2,098 338 2,238 US 41 Rattlesnake Santa Barbara Hammock 75.0 Blvd to Collier 530 2.0% 1.1041 586 170 700 Rd Blvd Note(s): *Annual Growth Rate - from 2018 AUIR, 2% minimum. **Growth Factor = (1+Annual Growth Rate)s. 2023 Projected Volume= 2018 AUIR Volume x Growth Factor. ***2023 Projected Volume= 2018 AUIR Volume +Trip Bank. The projected 2023 Peak Hour — Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway Network The existing roadway conditions are extracted from the Collier County 2018 AUIR and the project roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Trebilcock Consulting Solutions, PA P a g e 19 Hammock Park — GMPA/PUDA — TIS — May 2019 Improvement program (CIP) are considered to be committed improvements. As no such improvements were identified in the Collier County 2018 AUIR, the evaluated roadways are anticipated to remain as such through project build -out. The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Table 5 Existing and Future Roadway Conditions 2018 Peak 2023 Peak 2018 Min. 2023 Roadway CC AUIR Roadway Link Dir, Peak Hr Dir, Peak Hr Roadway Standard Roadway Link Link ID # Location Capacity Capacity Condition LOS Condition Volume Volume Davis Blvd to Collier Blvd 34.0 Rattlesnake 6D E 3,000 (NB) 6D 3,000 (NB) Hammock Rd Rattlesnake Collier Blvd 35.0 Hammock Rd to US 6D E 3,200 (NB) 6D 3,200 (NB) 41 Rattlesnake Santa Barbara Blvd 75.0 6D E 2,900 (WB) 6D 2,900 (WB) Hammock Rd to Collier Blvd Note(s): 2U = 2-lane undivided roadway; 41), 61), 8D =4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which are evaluated to determine the project impacts to the area roadway network in the future horizon year 2023. The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. None of the analyzed links are projected to exceed the adopted LOS standard with or without the project at 2023 future build -out conditions. Table 6, Roadway Link Level of Service illustrates the LOS impacts of the project on the surrounding roadway network. As illustrated in the Collier County Land Development Code (LDC), Chapter 6.02.02 — M.2., once traffic from a development has been shown to be less than significant on any segment using the Trebilcock Consulting Solutions, PA P a g e 1 10 Hammock Park — GMPA/PUDA — TIS — May 2019 Collier County TIS criterion, the development's impact is not required to be analyzed further on any additional segments. Table 6 Roadway Link Level of Service (LOS) — With Project in the Year 2023 Roadway Min LOS Min LOS CC 2018 Peak 2023 Peak /o Vol Link, Peak exceeded exceeded Roadway AUIR Roadway Link Dir, Peak Dir, Peak Hr Capacity Dir, Peak Hr without with Link Link ID Location Hr Capacity Volume Impact by # Volume (Project Vol w/Project** Project Project? Project? Added)* Yes/No Yes/No Davis Blvd to Collier Blvd 34.0 Rattlesnake 3,000 (NB) N/A 2,166 0.0% No No Hammock Rd Rattlesnake Collier Blvd 35.0 Hammock Rd to 31200 (NB) N/A 2,238 0.0% No No US 41 Rattlesnake Santa Barbara Hammock 75.0 Blvd to Collier 2,900 (WB) N/A 700 0.0% No No Rd Blvd Note(s): *N/A = not applicable; No additional trips are projected over what was previously approved. **2023 Projected Volume= 2023 background (refer to Table 4) + Project Volume added. Policy 5.1 of the Collier County Transportation Element of the Growth Management Plan (GMP) states that "the County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved." As illustrated in Table 6 of this report there is available capacity on the analyzed surrounding roadway network to accommodate the proposed development. Therefore, the subject development is consistent with Policy 5.1 of the Transportation Element of the Collier County's GMP. It is noted that Collier Boulevard and Rattlesnake Hammock Road facilities are Collier County designated hurricane evacuation routes as depicted in Collier County Transportation Element — Map TR - 7. For details refer to Appendix D. Trebilcock Consulting Solutions, PA P a g e 1 11 Hammock Park — GMPA/PUDA — TIS — May 2019 Site Access Turn Lane Analysis Proposed access points to the surrounding roadway network are depicted in the Conceptual Site Plan (refer to Appendix A: Project Conceptual Site Plan), and these access connections will be further described in future SDP, PPL or DO submittals, as applicable, to determine turn lane requirements as more accurate parameters become available. Connections to the subject project are proposed via an existing right-in/right-out access on westbound Rattlesnake Hammock Road, a proposed full movement access on westbound Rattlesnake Hammock Road and a proposed right-in/right-out access on northbound Collier Boulevard. Collier Boulevard (CR 951) is under Collier County Department of Transportation jurisdiction. This roadway is a north -south six -lane divided arterial roadway. This roadway has a posted legal speed of 50 mph and an assumed design speed of 50 mph in the vicinity of project. Based on FDOT Standard Plans Index #711-001, the minimum turn lane length is 240 feet (which includes a 50 foot taper) plus required queue. Rattlesnake Hammock Road (CR 864) is under Collier County Department of Transportation jurisdiction. This roadway is a four -lane divided no outlet roadway. This roadway has a posted legal speed of 40 mph and an assumed design speed of 45 mph in the vicinity of project. Based on FDOT Standard Plans Index #711-001, the minimum turn lane length is 185 feet (which includes a 50 foot taper) plus required queue. Project access is typically evaluated for turn lane warrants based on the Collier County Right-of- way Manual: (a) two-lane roadways — 40 vph for right -turn lane/20 vph for left -turn lane; (b) multi -lane divided roadways — right -turn lanes shall always be provided; and c) when median openings are permitted, they shall always include left -turn lanes. Turn lane lengths required at build -out conditions are analyzed based on the number of turning vehicles within the peak hour traffic. Rattlesnake Hammock Western Access: The proposed project is expected to generate 33 vph and 75 vph westbound right -turning movements during the AM and PM peak hour, respectively. A dedicated westbound right -turn lane is warranted at this location as it meets the multi -lane criterion. At the minimum, the right -turn lane should be 235 feet which includes a minimum 50 feet of storage. Rattlesnake Hammock Eastern Access: The proposed project is expected to generate 17 vph and 38 vph westbound right -turning movements during the AM and PM peak hour, Trebilcock Consulting Solutions, PA P a g e 1 12 Hammock Park — GMPA/PUDA — TIS — May 2019 respectively. A dedicated westbound right -turn lane is warranted at this location. At the minimum, the right -turn lane should be 210 feet which includes a minimum 25 feet of storage. The proposed project is expected to generate 66 vph and 150 vph eastbound left -turning movements during the AM and PM peak hour, respectively. A dedicated eastbound left -turn lane is warranted at this location as it meets the multi -lane criterion. At the minimum, the turn -lane should be 310 feet which includes a minimum 125 feet of storage. There is an existing approximately 350 foot left -turn lane at this location that is currently gore striped. Collier Boulevard Access: The proposed project is expected to generate 50 vph and 112 vph northbound right -turning movements during the AM and PM peak hour, respectively. A dedicated northbound right -turn lane is warranted at this location as it meets the multi -lane criterion. At the minimum, the turn -lane should be 290 feet which includes a minimum 50 feet of storage. There is an existing approximately 410 foot right -turn lane available for this proposed access. A detailed evaluation of applicable access points — turn lane requirements will be performed at the time of site development permitting/platting when more specific development parameters will be made available. Improvement Analysis Based on the link analysis and trip distribution, the proposed project is not a significant and adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development without adversely affecting adjacent roadway network level of service. The development shall be limited to a maximum of 577 two-way PM peak hour net external trips. These trips shall be calculated based on applicable land use codes as illustrated in the ITE Trip Generation Manual in effect at the time of future development order applications. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. Trebilcock Consulting Solutions, PA P a g e 1 13 Hammock Park — GMPA/PUDA — TIS — May 2019 Appendix A Project Conceptual Site Plan Trebilcock Consulting Solutions, PA P a g e 1 14 Hammock Park — GMPA/PUDA — TIS — May 2019 o z � z w p ?� OLLF o W tiS ¢Oz2U we Z wU Wp Nm� Z 2 7 ie 7 O > Vto O W U rN d¢Q. 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Y < IVNVO 6S6-HO ---....... = w ------ _..__ (S9680) 021yh31f1O9 1:1311100 li 7Oa Y� ¢QUr. �W i a Z Z° Z LLF Q W F o Z Ur p W F O p Z Z_NdZ 7(qLLJ m�U N U N X W N � 3+J F a z¢ U Z m F a N W Z U'22,O�OpW� N irip ali U7� x W O N U W uJ Q Trebilcock Consulting Solutions, PA P a g e 1 15 Hammock Park — GMPA/PUDA — TIS — May 2019 Appendix B Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 16 Hammock Park — GMPA/PUDA — TIS — May 2019 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or NIA (not applicable). Date: October 18, 2018 Time: N/A Location: N/A — Via Email Peonle Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division 2) Norman Trebilcock. TCS 3) Ciprian Malaescu, TCS Study Preparer: Preparer's Name and Title: Norman Trebilcock, AICP. PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 1205 Piper Boulevard, Suite 202, Naples, FL 34110; ph 239-566-9551 Reviewer(s)• Reviewer's Name & Title: Michael Sawyer, Project Manager Organization: Collier County Transportation Planning Department Telephone Number: 239-252-2926 Applicant: Applicant's Name: Waldrop Engineering. PA Address: 28100 Bonita Grande Drive, Suite #305, Bonita Springs, Fl 34135 Telephone Number: 239-405-7777 Proposed Development: Name: Hammock Park MPUD (flca Hammock Park Commerce Center CPUD) Location: In the northeast quadrant of Collier Blvd (CR 951) and Rattlesnake Hammock Rd (CR 864) intersection, in Collier County (refer to Figure 1) Land Use Type: Residential and Commercial ITE Code #: LUC 220 — Multifamily Housing: LUC 820 — Shopping Center Description: The proposed Traffic Impact Statement (TIS) will support the Growth Management Plan Amendment (GMPA) application. The project is currently approved to allow up to 160,000 sf of retail and office uses (refer to CC Ord. #07-30). The proposed amendment requests to allow for up to 100,000sf of commercial uses and up to 265 multifamily units (apartments). Page 1 of 6 Trebilcock Consulting Solutions, PA P a g e 1 17 Hammock Park — GMPA/PUDA — TIS — May 2019 Figure 1— Project Location Map .. �'m ...� .a.,...:u mmq_—.�..w .n'ur^•m.0 �.. a.. w..a w,.i.rM.O.R - PROJECT - LOCATION _ -�iO4g�2�•r - . 1 �^ Yo MeoamaaQleQmole iwonµn Zoning Existing: Approved CPUD ( CC Ord. #07-30) Comprehensive plan recommendation: GMPA Requested: approval for new development Findings of the Preliminary Study: Studv tvne: Since nroiected net new external AM or PM nroiect traffic is less than 50 two-way peak hour trips, this study qualifies for a Small Scale TIS — no significant operational or roadway impacts. Proposed TIS will include trip generation, traffic distribution and assignments, and significance test (based on 2%/20/o/3% criterion). The TIS will determine if there is consistency with the Policy 5.1 of the Transportation Element. The report will provide existing LOS and document the impact the proposed change will have on designated arterial and collector roads. Roadway concurrencv analysis — based on estimated net new external PM traffic. The TIS shall be consistent with Collier County TIS Guidelines and Procedures. The analyzed roadway segments are not located within the Collier County's Transportation Concurrency Exception Area (TCEA). In addition, the proposed development is not situated within the County's designated Transportation Concurrency Management Area (TCMA). The TCEA's and TCMA's designations are provided in Policy 5.4 and 5.6 of the Transportation Element — Collier County Growth Management Plan (GMP). Internal capture and pass -by rates are considered based on ITE recommendations and Collier County Traffic Impact Study guidelines. Page 2 of 6 Trebilcock Consulting Solutions, PA P a g e 1 18 Hammock Park — GMPA/PUDA — TIS — May 2019 Studv Tvpe: if not net increase, operational study) Small Scale TIS 151 Minor TIS ❑ Major TIS ❑ Studv Area: Boundaries: Adjacent streets —Collier Blvd, Rattlesnake Hammock Rd. Additional intersections to be analyzed: N/A Build Out Year: 2023 Planning Horizon Year: 2023 Analysis Time Period(s): PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: ITE Trip Generation Manual, 10t' Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: LUC 820 — not to exceed Daily 15%, AM Pk Hr and PM Pk Hr — 25%. Internal trips: ITE Trip Generation Handbook, 3`d Edition, not to exceed 20%. Transit use: N/A Other: N/A Horizon Year Roadway Network Improvements: 2023 Methodology & Assumptions: Non -site traffic estimates: Collier County traffic counts and 2017 AUIR Site -trip generation: OTISS —ITE 10� Edition Trip distribution method: Engineer's Estimate - refer to Figure 2 Traffic assignment method: project trip generation with background growth Traffic growth rate: historical growth rate or 2% minimum Turning movements: N/A Page 3 of 6 Trebilcock Consulting Solutions, PA P a g e 1 19 Hammock Park — GMPAIPUDA — TIS — May 2019 Figure 2 — Project Trip Distribution by Percentage tl IKE B 0 0 15 W M J'A_� 4A-6 Trebilcock Consulting Solutions, PA P a g e 1 20 Hammock Park — GMPA/PUDA — TIS — May 2019 Special Features: from preliminary study or prior experience) Accidents locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: N/A On -site parking needs: N/A Data Sources: CC 2017 AUIR: CC Traffic Counts Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: NIA Miscellaneous: NIA Small Scale Study — No Fee X Minor Study - $750.00 Major Study - $1,500.00 Methodology Fee $500 X Includes 0 intersections Additional Intersections - $500.00 each All fees will 8e agreed to during the Methodology meeting and must 8e paid to Transportation prior to our sign -off on the application. SIGNATURES Noomi2 n. Treb%L3oalz Study Preparer—Norman Trebilcock Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions, PA P a g e 1 21 Hammock Park — GMPA/PUDA — TIS — May 2019 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Study" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Major Studv Review" - $1,500 Fee (Includes two intersection analvsis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 6 of 6 Trebilcock Consulting Solutions, PA P a g e 1 22 Hammock Park — GMPA/PUDA — TIS — May 2019 Appendix C ITE Trip Generation Calculations Trebilcock Consulting Solutions, PA P a g e 1 23 Hammock Park — GMPA/PUDA — TIS — May 2019 Project Information Hammock Park 10th - Commercial PUD Project Name: Existing No: Date: 01/08/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: ITE-TGM 10th Edition Land Use Size Daily AM Peak Hour PM Peak Hour Entry JExit Entry Exit Entry Exit 820 - Shopping Center (General Urban/Suburban) 160 1000 Sq. Ft. GLA 4138 4138 144 88 369 400 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 4138 4138 144 88 369 400 Total 4138 4138 144 88 369 400 Total Reduction 0 0 0 0 0 0 Total Internal 0 0 0 0 0 0 Total Pass -by 0 0 0 0 0 0 Total Non -pass -by 1 4138 4138 144 88 369 400 Analysis Name: Project Name Date: State/Province: Country: Analyst's Name: PERIOD SETTING Daily Hammock Park 10th - Commercial PUD Existing 1 /8/2019 No: City: Zip/Postal Code: Client Name: Edition: ITE-TGM 10th Edition Land Use Independent Size Time Period Method Entry Exit Total Variable 820 - Shopping Center 1000 Sq. Ft. GLA 160 Weekday Best Fit (LOG) 4138 4138 8276 (General Ln(T) = 0.68Ln(X) 50% 50% Urban/Suburban) +5.57 Trebilcock Consulting Solutions, PA P a g e 1 24 Hammock Park — GMPA/PUDA — TIS — May 2019 Ir Analysis Name: Project Name : Date: State/Province: Country: Analyst's Name: PERIOD SETTING AM Peak Hour Hammock Park 10th - Commercial PUD Existing 1 /8/2019 No: City: Zip/Postal Code: Client Name: Edition: Land Use Independent Size Time Period Method Variable 820 - Shopping Center 1000 Sq. Ft. GLA 160 Weekday, Peak Best Fit (LIN) (General Hour of Adjacent T = 0.5 (X)+151.78 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. Analysis Name Project Name: Date: State/Province: Country: Analyst's Name: PERIOD SETTING PM Peak Hour Hammock Park 10th - Commercial PUD Existing 1 /8/2019 No: City: Zip/Postal Code: Client Name: Edition: Land Use Independent Size Time Period Method Variable 820 - Shopping Center 1000 Sq. Ft. GLA 160 Weekday, Peak Best Fit (LOG) (General Hour of Adjacent Ln(T) = 0.74Ln(X) Urban/Suburban) Street Traffic, +2.89 One Hour Between 4 and 6 p. M. ITE-TGM 10th Edition Entry Exit Total 144 88 232 62% 38% ITE-TGM 10th Edition Entry Exit Total 369 400 769 48% 52% Trebilcock Consulting Solutions, PA P a g e 1 25 Hammock Park — GMPA/PUDA — TIS — May 2019 Project Information Project Name: Hammock Park -Proposed PUDA No: Date: 4/3/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Size Daily AMP k PM Peak Entry Exit Entry Exit Entry Exit 220 - Multifamily Housing (Low -Rise) (General Urban/Suburban) 265 Dwelling Units 982 981 28 92 89 52 Reduction 0 0 0 0 0 0 Internal 20 10 1 1 41 22 Pass -by 0 0 0 0 0 0 Nan -pass -by 962 971 27 91 48 30 820 - Shopping Center (General Urban/Suburban) 148.5 1000 Sq. Ft. GLA 3934 3933 140 86 349 379 Reduction 0 0 0 0 0 0 Internal 10 20 1 1 22 41 Pass -by 589 587 35 21 82 84 Nan -pass -by 3335 3326 104 64 245 254 Total 4916 4914 168 178 438 431 Total Reduction 0 0 0 0 0 0 Total Internal 30 30 2 2 63 63 Total Pass -by 589 587 35 21 82 84 Total Non -pass -by 4297 4297 131 155 293 284 Trebilcock Consulting Solutions, PA P a g e 1 26 Hammock Park — GMPA/PUDA — TIS — May 2019 PERIOD SETTING Analysis Name: Daily Project Name: Hammock Park - Proposed No: PUDA Date: 4/3/2019 City: State/Province: ZiplPostal Code: Country: Client Name: Analyst's Name: Edition: Tnp Generation Manual, 10th Ed Land Use Independent Size Time Period Variable Method Entry Exit Total 220 - Multifamily Dwelling Units 265 Weekday Best Fit (LIN) 982 981 1963 Housing (Low -Rise) T = 7.56 (X)+-40.86 50% 50% (General Urban/Suburban) 820 -Shopping Center 1000 Sq. Ft. GLA 148.5 Weekday Best Fit (LOG) 3934 3933 7867 (General Ln(T) = 0.68Ln(X) 50% 50% Urban/Suburban) +5.57 TRAFFIC REDUCTIONS Land Use Entry Reduction 220 - Multifamily Housing (Low -Rise) 0 % 820 - Shopping Center 0 % Adjusted Entry Exit Reduction Adjusted Exit 982 0 % 981 3934 0 % 3933 INTERNAL TRIPS 220 - Multifamily Housing (Low -Rise) $20 - Shopping Center Exit 981 Demand Exit: 1 % (10) Balanced' Demand Entry: 17 % (669) Entry 3934 Entry 982 Demand Entry: 2 % (20) Balanced: 20 Demand Exit: 14 % (551) Exit 3933 220 - Multifamily Housing (Low -Rise) Internal Trips Total Trips External Trips 820 - Shopping Center Total Entry 982 (100%) 20 (2%) 20 (2%) 962 (98%) Exit 981 (100%) 10 (1%) 10 (1%) 971 (99%) Total 1963 (100%) 30 (2%) 30 (2%) 1933 (98%) 620 - Shopping Center Total Trips Internal Trips External Trips 220 - Multifamily Total Trebilcock Consulting Solutions, PA P a g e 1 27 Hammock Park — GMPA/PUDA — TIS — May 2019 Entry 13934 (100%) Exit 3933 (100%) Housing (Low -Rise) 10 (0%) 10 (0%) 20 (1%) 20 (1%) 13924 (100%) 3913 (99%) Total 7867 (100%) 30 (0%) 30 (0%) 7837 (100%) EXTERNAL TRIPS Land Use External Trips Pass -by% Pass -by Trips Non -pass -by Trips 220 - Multifamily Housing (Low -Rise) 1933 0 0 1933 820 - Shopping Center 7837 15 1176 6661 ITE DEVIATION DETAILS Weekday Landuse No deviations from ITE. Methods No deviations from ITE. External Trips 220 - Multifamily Housing (Low -Rise) (General Urban/Suburban) ITE does not recommend a particular pass-by°k for this case. 820 - Shopping Center (General Urban/Suburban) ITE does not recommend a particular pass-by%for this case. SUMMARY Total Entering 4916 Total Exiting 4914 Total Entering Reduction 0 Total Exiting Reduction 0 Total Entering Internal Capture Reduction 30 Total Exiting Internal Capture Reduction 30 Total Entering Pass -by Reduction 589 Total Exiting Pass -by Reduction 587 Total Entering Non -Pass -by Trips 4297 Total Exiting Non -Pass -by Trips 4297 Trebilcock Consulting Solutions, PA P a g e 1 28 Hammock Park — GMPA/PUDA — TIS — May 2019 PERIOD SETTING Analysis Name; AM Peak Hour Project Name: Hammock Park - Proposed No: PUDA Date: 4/3/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 101h Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 220 - Multifamily Dwelling Units 265 Weekday, Peak Best Fit (LOG) 28 92 120 Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.95Ln(X) 23% 77% (General Street Traffic, +-0.51 Urban/Suburban) One Hour Between 7 and 9 a.m. 820 . Shopping Center 1000 Sq. Ft. GLA 148.5 Weekday, Peak Best Fit (LIN) 140 86 226 (General Hour of Adjacent T = 0.5 (X)+151.78 62% 38% Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. Land Use 220 - Multifamily Housing (Low -Rise) 820 - Shopping Center 220. Multifamily Housing (Low -Rise) Exit 92 Demand Exit: 1 % (1) Entry 28 Demand Entry: 2 % (1) 220 - Multifamily Housing (Low -Rise) Total Trips Entry 28 (100%) Exit 92 (100%) TRAFFIC REDUCTIONS Entry Adjusted Entry Exit Reduction Adjusted Exit Reduction 0% 28 0% 92 0% 140 0% 86 INTERNAL TRIPS 820 - Shopping Center Balanced: Demand Entry: 17 % (24) Entry 140 1 Balanced: Demand Exit: 14 % (12) Exit 86 1 Internal Trips External Trips 820 - Shopping Center Total 1 (4%) 1 (4%) 27 (96%) 1 (1%) 1 (1%) 91 (99%) Total 120 (100%) 2 (2%) 2 (2%) 118 (98%) Trebilcock Consulting Solutions, PA P a g e 1 29 Hammock Park — GMPA/PUDA — TIS — May 2019 820 - Shopping Center Internal Trips Total Trips 220 - Multifamily Housing Total External Trips (Low -Rise) Entry 140 (100%) 1 (1 %) 1 (1 %) 139 (99%) Exit 86 (100%) 1 (1%) 1 (1%) 85 (99%) Total 226 (100%) 2 (1 %) 2 (1 %) 224 (99%) EXTERNAL TRIPS Land Use External Trips Pass -by% Pass -by Trips Non -pass -by Trips 220 - Multifamily Housing (Low -Rise) 118 0 0 118 820 - Shopping Center 224 25 56 168 ITE DEVIATION DETAILS Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Landuse No deviations from ITE. Methods No deviations from ITE. External Trips 220 - Multifamily Housing (Low -Rise) (General Urban/Suburban) ITE does not recommend a particular pass -by% for this case. 820 - Shopping Center (General Urban/Suburban) ITE does not recommend a particular pass -by% for this case. SUMMARY Total Entering 168 Total Exiting 178 Total Entering Reduction 0 Total Exiting Reduction 0 Total Entering Internal Capture Reduction 2 Total Exiting Internal Capture Reduction 2 Total Entering Pass -by Reduction 35 Total Exiting Pass -by Reduction 21 Total Entering Non -Pass -by Trips 131 Total Exiting Non -Pass -by Trips 155 Trebilcock Consulting Solutions, PA P a g e 1 30 Hammock Park — GMPA/PUDA — TIS — May 2019 PERIOD SETTING Analysis Name: PM Peak Hour Project Name: Hammock Park - Proposed No PU DA Date: 4/3/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 220 - Multifamily Dwelling Units 265 Weekday, Peak Best Fit (LOG) 89 52 141 Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.89Ln(X) 63% 37% (General Street Traffic, +-0.02 Urban/Suburban) One Hour Between 4 and 6 p.m. 820 - Shopping Center 1000 Sq. Ft. GLA 148.5 Weekday, Peak Best Fit (LOG) 349 379 728 (General Hour of Adjacent Ln(T) = 0.74Ln(X) 48% 52% Urban/Suburban) Street Traffic, +2.89 One Hour Between 4 and 6 p. M. TRAFFIC REDUCTIONS Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 220 - Multifamily Housing (Low -Rise) 0 % 89 0 % 52 820 - Shopping Center 0 % 349 0 % 379 INTERNAL TRIPS 220 - Multifamily Housing (Low -Rise) $20 - Shopping Center Exit 52 Demand Exit: 42 % (22) Balanced: Demand Entry: 10 % (35) Entry 349 Entry 89 Demand Entry: 46 % (41) Bala4nced: Demand Exit: 26 % (99) Exit 379 220 - Multifamily Housing (Low -Rise) Internal Trips Total Trips External Trips 820 -Shopping Center Total 48 (54%) Entry 89 (100%) 41 (46%) 41 (46%) Exit 52 (100%) 22 (42%) 22 (42%) 30 (58%) Total 141 (100%) 63 (45%) 63 (45%) 78 (55%) Trebilcock Consulting Solutions, PA P a g e 1 31 Hammock Park — GMPA/PUDA — TIS — May 2019 820 - Shopping Center Internal Trips Total Trips 220 - Multifamily Total External Trips Housing (Low -Rise) Entry - 349 (100%) 22 (6%) 22 (6%) 327 (94%) Exit 379 (100%) 41 (11%) 41 (11%) 338(89%) Total 728 (100%) 63 (9%) 63 (9%) 665 (91%) Land Use 220 - Multifamily Housing (Low -Rise) 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% 78 0 665 025 ITE DEVIATION DETAILS Pass -by Trips Non -pass -by Trips 0 78 166 499 Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Landuse No deviations from ITE. Methods No deviations from ITE. External Trips 220 - Multifamily Housing (Low -Rise) (General UrbanlSuburban) ITE does not recommend a particular pass -by% for this case. 820 -Shopping Center (General Urban/Suburban) The chosen pass -by% (25) is not provided by ITE. ITE recommends 34. SUMMARY Total Entering 438 Total Exiting 431 Total Entering Reduction 0 Total Exiting Reduction 0 Total Entering Internal Capture Reduction 63 Total Exiting Internal Capture Reduction 63 Total Entering Pass -by Reduction 82 Total Exiting Pass -by Reduction 84 Total Entering Non -Pass -by Trips 293 Total Exiting Non -Pass -by Trips 284 Trebilcock Consulting Solutions, PA P a g e 1 32 Hammock Park — GMPA/PUDA — TIS — May 2019 Appendix D Collier County Transportation Element Map TR-7 - Excerpt Trebilcock Consulting Solutions, PA P a g e 1 33 Hammock Park — GMPA/PUDA — TIS — May 2019 Trebilcock Consulting Solutions, PA P a g e 1 34 Hammock Park — GMPA/PUDA — TIS — May 2019 Appendix E Turning Movement Exhibits Trebilcock Consulting Solutions, PA P a g e 1 35 Hammock Park — GMPA/PUDA — TIS — May 2019 r W oLZ w W I 0 �Nz -0 I^Z`: W W +�-'nLw WW p w ' F H ZF 4 F W d' � w i j Il I j I w LL [) I O a z Q z w w z 0 - p U JU J� W0Z V1w i� 1 `I jl� l a o w❑ O,-N 0� Z>>>u�LLmX� UIJL F �' III I ill p SON wL I ' �� . VOJ ^� W H II i q I,I j l F W 1 Ili I 7 ii II l �III Q 1 �I l � � lil I1 i I W QIL Z �J W or w � ,I d -, JpQxw W LU - DZ b p U(/)U �/ �, till C� a0 I III �il II ❑�� WFZ ZZZW 4 z D w ii C W a �. 1 �pw VIpV W z w 7) 1 U INNz--< li }} �4MQ��F ;OW. ., .,� y ; I N W �'1 ` ZZOQpQmI- zFzz°'�a o..x JV1 O W UU�W W W 7 I ll l Z 7 N w D 33j wLU ~ LL LL li I'I O D I p 1 w I ' III c�� U a } it •I it 4 w � N I p FI 7HNHO G96-ao �w (636 NO) ❑HVAA7n08 HAIT100 --- i-= ---------- LL, p J W m J �J ry Z �pQ¢�44UF� U p�� + J F W aZp4FQ4��w d z F J U m F z Qzv�Y�zHQw �� I I Qw�Z�zHpU ZUr JFLLIWW np(/) W u'0 Z('n�D�pp W ZZ V1 Wz J V1 pp�U w Z LL w z' 1 zZ< wm� iln o7=� IN� W J c� F w LL IN K O C w IN W O U w Z�5 Q M Trebilcock Consulting Solutions, PA P a g e 1 36 Hammock Park -G2q/uA-T¥�-May 20# R FF//§�( CO'<LUZ (jOie - o<�..g�gyb °��C)�(�`�( � q / � < i0 \\ LU W F— LU k_ .\ LU \=�§�S[R 'WWM-W � & f \ �k �kk\)§/ 4 %(S2< _ eeeee IL<U\\L`>M\LU 2 \ \\ / / \] — ----� i £ ...... .2.» - ; wao1mm 1 496a ay,so mmm ) =ez=tee( Z @§Em»§EQSM .10 (;owe\±;(..wegg5 Ooww S %ewea OGubm Solutions, PA Page 1 37 HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 ENVIRONMENTAL REPORT HAMMOCK PARK COLLIER COUNTY ENVIRONMENTAL DATA REPORT Revised June 2019 Prepared For: Tract L Development, LLC 7742 Alico Road Fort Myers, Florida 33912 (239) 208-4079 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No. 05TSC1438 TABLE OF CONTENTS Page Introduction.................................................................................................................................... I Environmental Data Authors.........................................................................................................1 VegetationDescriptions.................................................................................................................2 ListedSpecies Survey....................................................................................................................4 Native Vegetation Preservation.....................................................................................................4 References......................................................................................................................................5 i LIST OF TABLES Page Table 1. Native and Non -Native Habitat Types and Vegetation Acreages .........................5 LIST OF EXHIBITS Page Exhibit 1. Project Location Map.........................................................................................El-1 Exhibit 2. Aerial with FLUCFCS and Wetlands Map ........................................................ E2-1 Exhibit 3. Native Vegetation Map...................................................................................... E3-1 Exhibit 4. Listed Species Survey........................................................................................E4-1 Exhibit 5. Aerial with Bald Eagle Nest and Protection Zones...........................................E5-1 Exhibit 6. Aerial with On -Site and Adjacent Off -Site Preservation Areas ........................E6-1 iii INTRODUCTION The following environmental data report is provided in support of the zoning application for Hammock Park (Project). The following information was prepared in accordance with the Collier County environmental data submittal requirements outlined in Chapter 3.08.00 of the Collier County Land Development Code (LDC). The Project totals 19.13± acres and is located in Section 14, Township 50 South, Range 26 East, Collier County (Exhibit 1). More specifically, the Project is located northeast of the intersection of Collier Boulevard (County Road 951) and Rattlesnake Hammock Road. The Project is bordered by the Good Turn Center project to the north, the McMullen Parcel to the east, Rattlesnake Hammock Road to the south, and Collier Boulevard to the west. The Project includes a modification to an existing Planned Unit Development (PUD) known as Hammock Park Commerce Center (Ordinance No. 07-30). The modification includes the addition of a potential mixed -use or residential component. South Florida Water Management District (SFWMD) Permit No. 11-02130-P and U.S. Army Corps of Engineers (COE) Permit No. SAJ-1999-04926 were issued for the Project on October 10, 2002 and February 12, 2009, respectively. Additional modifications to the SFWMD permit were issued on February 8, 2008 and July 1, 2014 and to the COE permit on July 21, 2014. The majority of the Project site is comprised of previously cleared, disturbed land. The Project site contains a 1.63± acre Collier County native vegetation preserve along the northern portion boundary which was designated as part of Ordinance No. 7-30. This report includes details regarding the authors' qualifications, vegetation descriptions for the various on -site habitats, results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) in October 2018, and the minimum native vegetation preservation requirement. ENVIRONMENTAL DATA AUTHORS This report was prepared by Heather Samborski and Bethany Brosious. They both satisfy the environmental credential and experience requirements, per Section 3.08.00(A)2 of the Collier County LDC. Ms. Samborski is an Ecologist with PAI, with four years of consulting experience in the environmental industry. She holds a Bachelor of Science degree in Environmental Studies from Eastern Connecticut State University and a Master of Science degree in Environmental Sciences from Florida Gulf Coast University. Ms. Brosious is an Ecologist with PAI, with 12 years of consulting experience in the environmental industry. She holds a Bachelor of Science degree in Animal Sciences from the University of Florida and a Master of Science degree in Environmental Sciences from Florida Gulf Coast University. 1 VEGETATION DESCRIPTIONS The existing vegetative cover and land uses on the Project site include a combination of undeveloped, disturbed land and forested uplands and wetlands with varying degrees of exotic infestation. The vegetation associations for the property were delineated using December 2017 rectified color aerials (Scale: 1" = 100'). Groundtruthing was conducted in October 2018. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). Level IV FLUCFCS was utilized to denote disturbance and ` E" codes were used to identify levels of exotic species invasion (i.e., melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), downy rose -myrtle (Rhodomyrtus tomentosa), and Brazilian pepper (Schinus terebinthifolius)). AutoCAD Map 3D 2017 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the final FLUCFCS map (Exhibit 2). A total of 12 vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant habitat type on the property is Disturbed Land, Hydric (FLUCFCS Code 7401), accounting for 45.2 percent of the property (8.64± acres). Exotic vegetation documented on -site includes, but is not limited to, Brazilian pepper, earleaf acacia, torpedograss (Panicum repens), and melaleuca. The degree of exotic infestation ranges from 0 to nearly 100 percent cover. The Project site contains 13.59± acres of SFWMD and potential COE jurisdictional wetlands (Exhibits 2 and 3). The jurisdictional wetlands identified by FLUCFCS code include approximately 2.59± acres of Hydric Pine, Disturbed (0-24% Exotics) (FLUCFCS Code 6259 El); 1.89± acres of Hydric Pine, Disturbed (76-100% Exotics) (FLUCFCS Code 6259 E4); 0.47± acre of Freshwater Marsh, Disturbed (50-75% Exotics) (FLUCFCS Code 6419 E3); and 8.64± acres of Disturbed Land, Hydric (FLUCFCS Code 7401). The on -site wetland quality has been diminished by previously authorized site disturbance, a degraded regional hydrologic connection, and the infestation of exotic vegetation including Brazilian pepper, torpedograss, melaleuca, and earleaf acacia. The acreage and descriptions for each FLUCFCS classification are outlined below. Pine, Disturbed (0-24% Exotics) FLUCFCS Code 4159 El) The canopy contains slash pine (Pinus elliottii) and scattered cabbage palm (Sabal palmetto). The sub -canopy consists of slash pine, cabbage palm, wax myrtle (Morella cerifera), and earleaf acacia. The ground cover includes gulfdune paspalum (Paspalum monostachyum), little blue maidencane (Amphicarpum muehlenbergianum), and torpedograss. Pine, Disturbed (76-100% Exotics) FLUCFCS Code 4159 E4) The canopy is similar to FLUCFCS Code 4159 El. The sub -canopy consists of 76 to 100 percent cover by earleaf acacia, melaleuca, and Brazilian pepper. The ground cover includes torpedograss, spermacoce (Spermacoce verticillata), bushy bluestem (Andropogon glomeratus), and beaksedge (Rhynchospora microcarpa). 2 Cypress, Pine, Cabbage Palm, Disturbed and Drained (76-100% Exotics) (FLUCFCS Code 6245 The canopy consists of slash pine, cypress (Taxodium distichum), and Brazilian pepper. The sub - canopy was mostly open with scattered cabbage palm. The ground cover includes grapevine (Vitis sp.), caesarweed (Urena lobata), dog fennel (Eupatorium capillifolium), torpedograss, and spermacoce. Hydric Pine, Disturbed (0-24% Exotics) FLUCFCS Code 6259 El) The canopy consists primarily of slash pine. The sub -canopy contains slash pine, wax myrtle, myrsine (Myrsine cubana), dahoon holly (Ilex cassine), and cypress. The ground cover includes sand cordgrass (Spartina bakeri), sawgrass (Cladium jamaicense), little blue maidencane, gulfdune paspalum, and spermacoce. Hydric Pine, Disturbed (76-100% Exotics) FLUCFCS Code 6259 E4) The canopy consists of slash pine with some cabbage palm. The sub -canopy contains Brazilian pepper and earleaf acacia. The ground cover includes torpedograss, spermacoce, bushy bluestem, and beaksedge. Freshwater Marsh, Disturbed (50-75% Exotics) FLUCFCS Code 6419 E3) The canopy is open with scattered cypress. The sub -canopy is open with scattered cypress, Brazilian pepper, and willow (Salix caroliniana). The ground cover includes pickerelweed (Pontederia cordata), arrowhead (Sagittaria lancifolia), smartweed (Polygonum spp.), maidencane (Panicum hemitomon), torpedograss, and fireflag (Thalia geniculata). Disturbed Land (FLUCFCS Code 740) The canopy and sub -canopy are open. The ground cover consists of torpedograss, spermacoce, bushy bluestem, and coastal foxtail (Setaria corrugata). Disturbed Land, Hydric (FLUCFCS Code 7401) The canopy and sub -canopy are open with scattered melaleuca. The ground cover includes torpedograss, spermacoce, dog fennel, beaksedge, and inundated beaksedge (Rhynchospora inundata). Spoil Areas (FLUCFCS Code 743) The canopy is open and the sub -canopy includes Brazilian pepper and earleaf acacia. The ground cover includes fennel (Eupatorium leptophyllum), torpedograss, spermacoce, and caesarweed. Road (FLUCFCS Code 814) This area consists of a paved road which occupies 0.01± acre or 0.1 percent of the property. Utilities FLUCFCS Code 830) This is comprised of a pump station and accounts for 0.10± acre or 0.5 percent of the property. Electrical Transmission Lines (FLUCFCS Code 832) This area is occupied by Florida Power & Light powerlines and accounts for 0.30± acre or 1.6 percent of the property. LISTED SPECIES SURVEY A listed plant and wildlife species survey was conducted by PAI on the Project site on October 2, 2018. No listed wildlife species were observed during the listed species survey. The listed species survey methodology and results are provided as Exhibit 4. The Project has previously been reviewed by both the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS) as part of the state and federal permitting process. A biological opinion for the Project was issued by the USFWS on December 17, 2008 and addressed potential Project impacts to the Florida panther (Puma concolor coryi). In addition, as part of a COE permit extension request, a USFWS concurrence letter was issued on March 20, 2014 and found that the Project "may affect but is not likely to adversely affect" the Florida bonneted bat (Eumops floridanus). During a December 2018 site visit, a bald eagle (Haliaeetus leucocephalus) nest was documented approximately 20 feet north of the Project site. The nest is located in a live slash pine approximately 800± feet east of Collier Boulevard. An aerial depicting the location of the bald eagle nest and USFWS protection zones is included as Exhibit 5. Prior to the initiation of construction activities, the developer will coordinate with Collier County, the USFWS, and the FWCC with respect to the newly identified bald eagle nest regarding applicable guidelines and permitting requirements as described in the FWCC Bald Eagle Management Plan Handbook (FWCC 2010) and the USFWS National Bald Eagle Management Guidelines (USFWS 2007). NATIVE VEGETATION PRESERVATION Per PUD Ordinance 07-30, 15 percent of the on -site native vegetation was required to be preserved to meet the Collier County minimum native vegetation preservation requirement in accordance with Section 3.05.07.B.I of the Collier County LDC. This resulted in a preservation requirement of 1.63± acres of native vegetation. A 1.63± acre Collier County native vegetation preserve, which satisfies the minimum native vegetation preservation requirement, was established on the northern boundary of the Project. The preserve is protected via a conservation easement granted to Collier County and the SFWMD. The preserve has been enhanced through the removal of exotic vegetation and supplemental plantings. The proposed zoning amendment application incudes the addition of a residential land use to the PUD. Per LDC Section 3.05.07.B.1, for a residential or mixed -use development that is less than 20 acres in size, the minimum preserve requirement is 15 percent of the native vegetation. The Project contains 7.14f acres of native vegetation. A utility easement which bisects the eastern portion of the property was not classified as native vegetation for this zoning amendment application. In addition, 2.22± acres area of Disturbed Land; 8.64f acres of Disturbed Land, Hydric; 0.37± acre of Spoil Areas; 0.01± acre of Road; 0.10± acre of Utilities; and 0.30± acre of Electrical Transmission Lines were classified as non-native vegetation. Also excluded was 0.35± acre of Freshwater Marsh (50-75% Exotics) located within the existing electrical powerline easement (Exhibit 3). Table 1 provides a summary of the existing native vegetation communities on -site and the native vegetation preservation calculation. Table 1. Native and Non -Native Habitat Types and Vegetation Acreages FLUCFCS Code Description Native Acreage Non -Native Acreage 4159 E1 Pine, Disturbed 0-24% Exotics 0.16 4159 E4 Pine, Disturbed 76-100% Exotics 0.63 6245 E4 Cypress, Pine, Cabbage Palm, Disturbed and Drained 76-100% Exotics 1.75 6259 E1 H dric Pine, Disturbed 0-24% Exotics 2.59 6259 E4 H dric Pine, Disturbed 76-100% Exotics 1.89 6419 E3 Freshwater Marsh, Disturbed 50-75% Exotics 0.12 0.35 740 Disturbed Land 2.22 7401 Disturbed Land, H dric 8.64 743 Spoil Areas 0.37 814 Road 0.01 830 Utilities 0.10 832 Electrical Transmission Lines 0.30 Total 7.14 11.99 Minimum Retained Native Vegetation Requirement Per Collier County Ordinance No. 07-30 1.63* *Per Collier County Ordinance No. 07-30, 15 percent of the on -site native vegetation was preserved. Please see the Master Concept Plan and Exhibit 6 for the preserve area location. The on -site preserve location and habitats were selected according to the priority criteria set forth in Sections 3.05.07(A)4 and 3.05.05(A)5 of the Collier County LDC. The on -site preserve maintained the highest quality native vegetation on -site, connects off -site preservation areas to the north, and is in close proximity to off -site adjacent preservation areas to the east (Exhibit 6). In addition, the preserve location will provide a buffer between the off -site bald eagle nest, located just north of the property boundary, and proposed future development activities on the Project site. Enhancement activities conducted within the preserve areas included the removal of exotic vegetation and supplemental planting. The preserve area is currently protected via a conservation easement granted to both Collier County and the SFWMD and will remain protected in perpetuity. REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. 5 Florida Fish and Wildlife Conservation Commission. 2010. Bald Eagle Management Plan Handbook. Tallahassee, Florida. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines 6 EXHIBIT 1 PROJECT LOCATION MAP 9; \ 32 p 3f SW, ?.:„:=" k.=x' I -- .. _ _I....M1'RK'LtEYA�VjE ; .. cl wjr ,'ir�,, A. 101f M1j : WASHBURN AVE 8 s. 6 im' ATE �AKE_BLVD zj :'.:.;` f ^ ,t �.:r LN f '`r ?' "� -`' BLIAC:K'BURN=RD—_—} }, r1.10lRD O + m , �� BECKBGVD�, 75 . OLT. 'NORTH'ROr rtl 3�' O vm m m•' .FUT ' @ : _ �NEW.MAN DR DAVIS ,jBLV,D _- ° I 1 ..CD CORE '} .COPE LN• Z a . d a TERy", �� i •i:¢ CREWS'RD K;INGS,; GNE coG:S31d Lu.i .�}..WHITAKER.RD— _ O' rc/y '? 't. 2..'a .. _ .'I:Q'• . OMAR D, .., _ .PPROJECT LOCATION .Ov'rt�,p. ^fD IO ��=Y=-y'---RATTL�ENAKE,H AMMOCK-RD o �� Q� . -Sa J SSON Em :.k RWSO.. SABAL I �-M AND Q�XIE R :+� WAi' .. „PALM RD.. — 4 S E.Vol ; . ja EXHIBIT 2 AERIAL WITH FLUCFCS AND WETLANDS MAP EXHIBIT 3 NATIVE VEGETATION MAP 4H \�\ \,\ \�\ \,\ k} / \\§ \} \\ \ \ 2& otin t,<■9■■r■ ®# / |aiiii;$ � D �;�\��;� ƒ \ C m$ 2 3 , k ! ( � § . Gaff§ -§§§� ƒk2§f§ )k�i[k \}\}( §\\/jj/ 2�: 2§22|2§7; . )�(�) F1 / � EXHIBIT 4 LISTED SPECIES SURVEY HAMMOCK PARK LISTED SPECIES SURVEY Revised March 2019 1.0 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) on October 2, 2018 for the 19.13± acre Hammock Park (Project). The Project includes a proposed mixed -use commercial/residential development with associated infrastructure and stormwater management system. Listed species surveys for the Project were previously conducted in September 2006 and July 2012. The Project is located in Section 14, Township 50 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is located at the northeast corner of the intersection of Collier Boulevard (County Road 951) and Rattlesnake Hammock Road. The Project is bound by Good Turn Center to the north, the McMullen Parcel to the east, Rattlesnake Hammock Road to the south, and the 951 Canal and Collier Boulevard to the west. The Project site contains an on -site preservation area that is located on the northern boundary. The remainder of the Project site is comprised of undeveloped, partly forested land that has been invaded to various degrees by exotic vegetation. 2.0 LITERATURE REVIEW AND FIELD SURVEY METHODOLOGY A literature review and field survey was conducted to determine whether the Project site was being utilized by state and/or federally -listed species as identified by the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. In addition, the property was surveyed for plant species listed by the Florida Department of Agriculture and Consumer Services and the USFWS as endangered, threatened, or commercially exploited or species included on the Collier County Rare and Less Rare plant lists (Land Development Code (LDC) Section 3.04.03). 2.1 Literature Review The literature review involved an examination of available information on listed species in the Project's geographical region. The literature sources reviewed included the FWCC Florida's Endangered and Threatened Species (2017); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); and USFWS and FWCC databases for telemetry locations of the Florida panther (Puma concolor coryi), bald eagle (Haliaeetus leucocephalus), red -cockaded woodpecker (Picoides borealis) (RCW), Florida black bear (Ursus americanus E4-1 floridanus), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries (such as the wood stork (Mycteria americana)) in Collier County. The FWCC and USFWS database information is updated on a periodic basis and is current through different dates, depending on the species. The FWCC information that was reviewed is current through the noted dates for the following four species: Florida panther telemetry — September 2018; bald eagle nest locations — April 2016; black bear telemetry — December 2007; and RCW locations — August 2017. 2.2 Field Survey The field survey was conducted during daylight hours by qualified ecologists walking parallel belt transects across the Project site. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained. Approximate transect locations and spacing are shown on Figure 2. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or 1 Ox power binoculars. The listed wildlife species surveyed for included, but were not limited to, gopher tortoise (Gopherus polyphemus), Eastern indigo snake (Drymarchon corais couperi), RCW, wood stork, Big Cypress fox squirrel (Sciurus niger avicennia), and Florida panther. The listed plant species surveyed for included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. 3.0 RESULTS 3.1 Literature Review The literature search found no documented occurrences for listed wildlife species on the Project site (Figure 3). The closest documented bald eagle nest is an unnumbered nest located approximately 20 feet north of the northern property boundary. The nest was discovered during a December 2018 site visit and is located in a live slash pine (Pious elliottii) tree. The location of the nest and the USFWS eagle protection zones are depicted in Figure 4. Bald eagles are not a state or federally -listed species; however, they are protected under the Bald and Golden Eagle Protection Act. No RCW colonies or cavity trees are documented on the Project site, per the FWCC's database (Figure 3). The closest documented RCW location is located approximately 0.25 mile west of the Project site. This location and the others documented west of Collier Boulevard are considered relic or historic locations, as there are no currently known active cavity trees west of Collier Boulevard, based on PAI's survey experience in E4-2 this region over the last 20 years. The RCW is a state and federally -listed endangered species. The Project site is located within the 30± kilometer (18.6± miles) Core Foraging Area (CFA) of one documented wood stork rookery (No. 619018) (Figure 5). The wetlands within the proposed development limits are predominantly infested with exotic vegetation including torpedograss (Panicum repens), spermacoce (Spermacoce verticillata), and earleaf acacia (Acacia auriculiformis). As such, the property's foraging potential is rather poor. The wood stork is a state and federally -listed threatened species. No Florida panther telemetry is located on the Project site; however, panther telemetry points were documented in the immediate vicinity of the Project (Figure 3). The telemetry points were from Florida panther Nos. 148 and 219 and were recorded in August 2010 and December 2013, respectively. Both panthers have since died. The property is within the Florida panther Primary Zone (Kautz et al. 2006) (Figure 6). The Florida panther is a state- and federally -listed endangered species. The Project site is located within the USFWS Florida bonneted bat (Eumops floridana) Consultation Area but outside of the USFWS Florida bonneted bat Focal Area (Figure 7). The Florida bonneted bat is a state and federally -listed endangered species. 3.2 Field Survey The field survey was conducted on October 2, 2018. Weather conditions during the survey were partly cloudy skies, with 10 to 15 miles per hour easterly winds, and temperatures in the upper 80s to low 90s. The field survey identified no listed wildlife or plant species on the Project site (Figure 2). No listed species were documented utilizing the Project site during the October 2018 survey. During a December 2018 site visit, a bald eagle nest was discovered approximately 20 feet north of the northern property boundary (Figure 4). 4.0 SUMMARY The literature search and review of agency databases found no documented occurrences for listed species on the Project site. The Project site is located within the Primary Zone for the Florida panther and is located within one documented wood stork colony CFA. The Project is located within the consultation area for the RCW and the Florida bonneted bat. The October 2, 2018 field survey documented no listed species within the Project limits. In December 2018, an active bald eagle nest was documented approximately 20 feet north of the Project. This is a previously undocumented nest location. Prior to the initiation of construction activities, the developer will coordinate with Collier County, the USFWS, and the FWCC with respect to the newly identified bald eagle nest regarding applicable guidelines and permitting requirements as described in the FWCC Bald Eagle Management Plan Handbook (FWCC 2010) and the USFWS National Bald Eagle Management Guidelines (USFWS 2007). E4-3 5.0 REFERENCES Florida Fish and Wildlife Conservation Commission. 2010. Bald Eagle Management Plan Handbook. Tallahassee, Florida. Florida Fish and Wildlife Conservation Commission. 2017. Florida's Endangered and Threatened Species. Official Lists, Bureau of Non -Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages118-133 Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. E4-4 - q.. 3,_ W'9'�'":,., �' _ --";�-MARKL-EY'AVE'':'5 4. .� .��—� : EXIT MBT•ON• .ti0 r -0-SJ, :_;,�•r' W./•[�"•++ L •WASHBURN AVE 1 y,,„ �: :,• . ''r -GI: g�y� zR= !•' .,4 i�'r' - —{ ��BEhCK=BL- D 75 BL-AC.K'B17.RN=RDA n"GAIL BCVD.' rya si +J3.".m co lid 1, Lu ' ?,RTT;H:R D_:::':..:.'v._ o- . Q -': r;''•'t' D => r, :. a . - 9 �,, ." .. rp -i':a� '. m LL :.. ��_i.•: g�? A ::. s* ;.. �.�. 4 t^ J u �.r 4s •rr�f"��'. :i x' i'•e�.-D w?0.3i[ H•} -Tp ' p - >" > -r NEWMDR ._ DAWS _BL-VD�a'i� a.iQN �•`x-,:.,�;,-`C� 'ri _ 1w' •"'xs� � Y'Ikr: 4 y ', � I 1 � Pd, IL �.; •1�;; .1�z ik� a� �K r.C.OP.E'LN', Q• Sy. ,: '� •. . :z :Z i;;�•^o .CLUB. �-._ QimCREWS R'D _. <.;4XE:B"�- . -�' ..'m ` �, ... ,. !.::210 S314' WHITAKER4lRD----.—> r `.ti• k -.- 'cYx,:'�`.O •. 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Q ® +• • • ad NIAVS A1Nnoo � k+ W Ca I"J IF+ a� z w U "x o� v o H w z �o � d� � x Q C�7 Wd 7£:6Z:Z1 6 610VI/7 - OXW'dVW-NOI1V00I-S31a3dS-£-3N001d\S3N001d\SSI\810Z\S19\N31N30 30N3WW03 XYVd XO0WWVH\E£7QSI90\900Z\:f N w O N O Q U ¢ Z_ W H Z Z w Z N Y w N N CD V O L O J p a O w& U > J V oO Z U F O _ N w (I2d SIV3)4 dVIVOLu p J k O k O\\ d U ama S3aV-lON3A3 E-I o W m w w OQ e0 (7 J J °� W o C U I � U i Y d' Q � 1 o rn +M QAIS NVOOI 2 Z K f f f w Lu + R° 0 m o o } }. { LNINGSTON + F AIRPORT -PULLING RD a THREE OAKS PKWY �� U I ab MNVif3 3JA3�Q, .RA I:TON RD We / VANDERBILT DR r i`S.L-�. • � � Z m} bQ "bbGV WV 77:QQ:11 M 6107/07/C - UXW'WO-RI-ONV-S31N3NOOH-NNOIS-DOOM-C-3N091J\S3N091J\SSl\R10]\SIN\N31N31 30N3WWOI ANVW XO0WWVW\7C71 L Gulf Of M@XICO LEGEND dF HAMMOCK PARK PANTHER FOCUS AREA PANTHER ZONES 0 PRIMARY ZONE ® SECONDARY ZONE DISPERSAL ZONE 0 PRIMARY DISPERSAL /EXPANSION AREA PROJECT LOCATION NOTES: COUNTY INFORMATION WAS ACQUIRED FROM THE FLORIDA GEOGRAPHIC DATA LIBRARY WEBSITE. _ ' f3 i# ROADWAY NETWORKS WERE ACQUIRED FROM THE FLORIDA DEPARTMENT OF p� TRANSPORTATION GIS WEBSITE HTTP:/�. /WWW.DOT.STATE.FL. US/PLANNING/ 5 _ STATISTICS/ GIS/ ROAD. SHTM JULY 2016. PANTHER FOCUS AREA WAS ACQUIRED' J` = FROM THE USFWS FTP SITE MARCH 2O07. Est PRIMARY AND SECONDARY ZONES WERE ACQUIRED FROM (KAUTZ ET AL. 2006). t.._ DRAWN BY D.B. DATE /9/18 FIGURE 6. PANTHER ZONES WITH PANTHER FOCUS AREA REWEWEDBY tDATE PASSARELLA HAMMOCK PARK R.F. /9/18 �co}oRlsts ASSOCIATES z REVISED DATE & EXHIBIT 5 AERIAL WITH BALD EAGLE NEST AND PROTECTION ZONES EXHIBIT 6 AERIAL WITH ON -SITE AND ADJACENT OFF -SITE PRESERVE AREAS W U U aD Z p — N LL z ,p = N o ON] = W W z m J \ a OQo 'Ifa z w W a 1—i ww ..i,k w w Lu a o 3�w w � O wW ap r 3: a3 w wz� W(n s w y 0 � w ID OF Z N Om J O O FW t_7 O W ao 0 2 J J z } Imo\ KJ 1 + + ijj JOQ z w F-~ d'Z_ n `+X e + z ar3 ao f vi d ,3. w -- w I� w I d d Y O E Hy x w Ia w Q a U O ¢x h -(Onl9 a3n1oJ) 196 - - - m .2 x Ira dwol 'Ae a311oid wvll'01 - 6102 '9Z avW 81 3-9Xll :ev1 oxa's—v —3—d 31is-ff0 awv 3115-w0 H11M lvi83V 9 IIBIHX3\1aod3y vivo OviH3w00SlAN3\810Z\aazw3D 3383WWOD uavd vaOwwv H\Bf11)s1S0\S00Z\:r HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 SCHOOL IMPACT ANALYSIS strict Schooj q o N a Collier Tout`'`� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter QConcurrency Determination F--J Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Hammock Park CPUD Project Information: Municipality: collier county Parcel ID#: (attach separate sheet for multiple parcels): 00416720000 Location/Address of subject property: 8530 collier Blvd. Closest Major Intersection: Rattlesnake Hammock and Collier Blvd. II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Wilton Land Company LLC Aaent/Contact Person: Alexis V. crespo, AICP (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 28100 Bonita Grande Dr. #305, Bonita Springs, FL 34135 Telephone#: 239-405-7777 Fax: 239-405-7899 Email alexisc@waldropengineering.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are trueand correct to t e best of my knowledge. Owner or Signature III- Develonment Information 12/10/2018 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Activity Center Proposed Land Use Designation: Activity Center Current Zoning: CPUD Project Acreage: Unit Type: Multi -Family Apartment SF Proposed Zoning: CPUD MF MH C G Total Units Currently Allowed by Type: 0 0 0 0 0 Total Units Proposed by Type: 0 265 0 0 0 Is this a phasedproject: Yes-or(No) If yes, please complete page 2 of this application. Date/time stamp: HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 CONSERVATION EASEMENT INSTR 5006134 OR 5056 PG 3544 RECORDED 7/11/2014 9:36 AM PAGES 14 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCCd.70 $0.70 REC $120.50 INDX $2.00 DEED OF CONSERVATION EASEMENT THIRD PARTY BENEFICIARY RIGHTS TO USACE Prepared by: D�X,,,Cit C,--7Orres \J, Lkv,. lard !3q Z. Pit., co ed 'Y� YAK T--i 33q tiZ . Return original or certified recorded document to: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 p THIS DEED OF CONSERVATION EASEMENT is l�e:t4 , 20 Iq , by Wilton Land Company, LLC is 206 Dudley Road, Wilton, CT 06897 to-,Souf F brida-Water M, third party enforcement rights to the U=Air.`. Co 16f E nef used herein, the term "Grantor" shall iand all hei�sc� subsequent owners of the "Conservat r basement Area" (as he"rg1t I include any successor or assignee ndtl the term "Third successor or assignee of the Third Padary � WHEREAS, the Grantotfs°tf)bjf a trftpl whgtdfgerta Ala_ ds s and more specifically described or the location map in E i it "A att (the "Property"); ands°4'ltk ,-III- given this b day of ("Grantor") whose mailing address ement District ("Grantee") with ("Third Party Beneficiary"). As or assigns of the Grantor, and all defined); the term "Grantee" shall trty Beneficiary" shall include any led in Collier County, Florida, hereto and incorporated herein WHEREAS, Permit No. 1 m021, -P ("Permit") and n r odifications thereto issued by the Grantee authorizes certain activities w *oq6 ld affect wetlands r. Ztfier surface waters in or of the State of z Florida; and WHEREAS, the U.S. Army Corps of Engineers Permit No. SAJ-1999-04926 (Corps Permit) authorizes certain activities in the waters of the United States and requires this site protection instrument over the lands identified in Exhibit B as mitigation for such activities; WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the Property described on Exhibit "B" ("Conservation Easement Area"); and WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, solely to off -set or prevent adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Form 62-330.301(13) — Deed of Conservation Easement — Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(0, F.A.C. (Effective Date) Page 1 OR 5056 PG 3545 Conservation Easement for and in favor of the Grantee upon the Conservation Easement Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas included in this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant to the Permit (or any modification thereto) and any Management Plan attached hereto as Exhibit "C" ("Management Plan") which has been approved in writing by the Grantee, shall be retained and maintained in the preserved, enhanced, restored, or created condition required by the Permit (or any modification thereto). To carry out this purpose, the followinq_rights are conveyed to Grantee by this easement: a. To enter upon tt�e�gbhser"va'Udii,, Ea ent Area at reasonable times with any necessary equipment or vehicles toy �t; determine cor"1p i ,with the covenants and prohibitions contained in this easement, and to mica the rights herein gran din manner that will not unreasonably interfere with the use and quiet en yment oflhhe~Conservation Easement Area by Grantor at the time of such entry; and b. To prgcee of IaY' o f �� ito_r f r .e the provision of this Conservation Easement and the covenants set fd(th 11erptn, ko prevgHt"'! r6 od urt•enoe of any of the prohibited activities set forth herein, and to requirekeas 4 tun-5,,of the Conservation Easement Area that may be damaged by 40ctivity or use that is in �pnsistent w1 his Conservation Easement. vk . 3. Prohibited Uses �'p�t for activities that a pprim, or required by the Permit (or any modification thereto) (which ma HeIt restoration, crealirt; -,, enhancement, maintenance, and monitoring activities, or surface wate raiment impreveamertsor other activities described herein or in the Management Plan (if any), any acti uit €�heonservation Easement area inconsistent with the purpose of this Conservation Easerrle-ltTMI�proh,iblted. Without limiting the generality of the foregoing, the following activities are expressly prohibited in or on the Conservation Easement Area (except as authorized or required by the Permit (or any modification thereof) or in a Management Plan which has been approved in writing by the Grantee): a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removing, destroying or trimming trees, shrubs, or other vegetation, except: The removal of dead trees and shrubs or leaning trees that could cause damage property is authorized; ii. The destruction and removal of noxious, nuisance or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized; iii. Activities authorized by the Permit or described in the Management Plan or otherwise approved in writing by the Grantee are authorized; and Form 62-330.301(13) — Deed of Conservation Easement — Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(0, F.A.C. (Effective Date) Page 2 OR 5056 PG 3546 iv. Activities conducted in accordance with a wildfire mitigation plan developed with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later than thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan, Grantor shall notify the Grantee in writing of its intent to commence such activities. All such activities may only be completed during the time period for which the Grantee approved the plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural, restored, enhanced, or created condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, clearing, and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; and __ M ., h. Acts or usesi i are detrimental`to servation of the structural integrity or physical appearance of sites or pro pertieis.3iaving historical, archaegical, or cultural significance. 4. Grantor's ReseNed=BRigFYW ranttor res Easement Area, including the fight /to gge o Urfa Conservation Easement Area that aft raot iihfbi�dt§r i (or any modification thereto), a i Mademq -ri , or j 1 Easement. t ..,. wi m 5. Rights of the Litl'Army Corps of Enol beneficiary, shall have the right, otitorce the terms a including: a. The right to Conservation Easement Area; all rights, as owner of the Conservation -ivi pthefs to engage in all uses of the r�* h'are hot inconsistent with the Permit �n� an purposes of this Conservation 7a. The Corps, as a third -party of this Conservation Easement, protect the environmental value of the b. The right to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purpose of this Conservation Easement, and to require the restoration of areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use; C. The right to enter upon and inspect the Conservation Easement Area in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement; and d. The right to enforce this Conservation Easement by injunction or proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and the right to require Grantor, or its successors or assigns, to restore such areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use or unauthorized activities. The Grantor, including their successors or assigns, shall provide the Corps at least 60 days advance notice in writing before any action is taken to amend, alter, release, or revoke this Conservation Easement. The Grantee shall provide reasonable notice and an opportunity to comment or object to the release or amendment to the U.S. Army Corps of Engineers. The Grantee shall consider any comments or objections from the U.S. Army Corps of Engineers when making the final decision to release or amend this Conservation Easement. Form 62-330.301(13) — Deed of Conservation Easement — Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)ft F.A.C. (Effective Date) Page 3 OR 5056 PG 3547 6. No Dedication. No right of access by the general public to any portion of the Conservation Easement Area is conveyed by this Conservation Easement. 7. Grantee's and Third Party Beneficiary's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and Section 768.28, F.S. Additionally, Grantee and Third Party Beneficiary shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Conservation Easement Area. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 9. Third Party Beneficiary's Enforcement Rights. The Third Party Beneficiary of this Conservation Easement shall have all the rights of the Grantee under this Conservation Easement, including third party enforcement rights of..th tms,jJTovions and restrictions of this Conservation Easement. Third Party Beneficiary's en rCp?fovisions and restrictions shall be at the discretion of the Third Party Beneficiardµany forbearancel10'ehalf of the Third Party Beneficiary to exercise its rights hereunder in th'e event of any breach he' -by\Grantor, shall not be deemed or construed to be a waiver of Thiro"Party,.Beee�-iary's rights hereuI der. yThird Party Beneficiary shall not be obligated to Grantor, or to a iy otfiter erspn or,_entlty, t enforc� the= provisions of this Conservation Easement. j„ _�_.a 10. Taxes. Wheneroptuol mtintenn ei delinquency any and all taxed,,,10*' mints, ,J4 assessed by competent authori the Conservation E satisfactory evidence of payment request. 11. Assignment. GraM1 hold this Cc purposes. Grantee will not assign it anti obligai another organization or entity qualified tl iof rmit, Grantor shall pay before :ver description levied on or shall furnish the Grantee with cement exclusively for conservation this Conservation Easement except to the applicable state laws. 12. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 13. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement (or incorporate the terms and restrictions by reference) in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 14. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in -interest. 15. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in Collier County, Florida. 16. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of Collier County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. Form 62-330.301(13) — Deed of Conservation Easement —Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(0, F.A.C. (Effective Date) Page 4 OR 5056 PG 3548 TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Conservation Easement Area. Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation Easement Area in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Wilton Land Company. LLC ("Grantor") has hereunto set its authorized hand this to day of 20 Wilton Land Company. LLC , By Na Tit Sic By Na STATE OF FLORI A COUNTY OF C k p,,C. On this _ Cow OFF 20 �� y, before me, the undersigned notary public, personally appeared ate— �fi f the person who subscribed to the foregoing instrumen , as the (title), of 2RgA- L�-FnC=r- ❑ (corporation), a Florida corporation, or ❑ 120CXIO=ec e wr L'TO.S ti2tri Co . LA-0— (choose one) and acknowledged that he/she executed the same on behalf of said ❑ corporation, or ❑ (choose one) and the he/she was duly authorized to do so. He/She is personally known to me or has produced a (state) driver's license as I entification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTAFkY/PUBLIC, STATE OF FLORIDA Lfi Notary Public State o1 Florida (Signat re �� Maritza AguierMy ComMis�ion FF 075151 Expires 12/oa/201) (Name) My Commission Expires: I?A5 %-I Form 62-330.301(13) — Deed of Conservation Easement — Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(f), F.A.C. (Effective Date) Page 5 OR 5056 PG 3549 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Sembler Family Partnership #42, Ltd., a Florida limited partnership, the owner and holder of a mortgage dated July 23, 2012, in the original amount of $1,800,000.00, given by Wilton Land Company, LLC, a Florida limited liability company ("Grantor") to Sembler Family Partnership #42, Ltd., a Florida limited partnership ("Mortgagee"), encumbering the real property described on Exhibit "A" attached hereto ("Property"), which is recorded in Official Records Book 4819, at Page 3133, together with that certain Collateral Assignment of Developer's Rights recorded in Official Records Book 4819, at Page 3155, that Collateral Assignment of Permits, Licenses, Sewer and Water Rights, Agreements, Approvals, Fees and Deposits recorded in Official Records Book 4819, at Page 3160 and that certain UCC Financing Statement recorded in Official Records Book 4819, at Page 3165, all of the Public Records of Collier County, Florida (said mortgage, assignments and UCC-1 Financing Statement, as modified -are -hereinafter referred to as the "Mortgage"), as joined by Wells Fargo Bank, Nationals atibn yfrtue of a collateral assignment of the Mortgage recorded in Official Rec li7ok� 4819, _ 3220, of the Public Records of Collier County, Florida, hereby 10it m consents to and sdbordi Imes the lien of its Mortgage, as it has been, and as it may be, r ,dified,, emended and a signed from time to time, to the m foregoing Conservation Easeent et#ed .by V�Iit, LanCo`rnpany, LLC, in favor of the South Florida Water Manag' md`nt Rtrtrpct ppli$ e ,tb-toe onservation Easement, as said Conservation Easement may b 'rr odi 0 J am d d s;i edt from time to time, with the intent that the Mortgage shad .be u jec Nand figbgrc4nate t the ;tnservation Easement. WITNESS WHERE this Mortgagee Jo er, ;Copi and Subordination is made this VD day of lit,, 20 IL A 'r lrPartnership #42, Ltd., a Florida ``-! d!-pa"fnership WITNES ES: By: 7(S' nature) Name lL6i LQZ7 rint) BY: Sembler Retail II, Inc., a Florida corporation, its General Partner By: Print: Title: Yl �ifJT Date: 5 [ 15 l 1 N By: -116 dld u Qb�so, (Signature) Name: M IC.UeUE KA-(QTOS H (Print) OR 5056 PG 3550 STATE OF FLORIDA COUNTY OF j2lNle kAG The foregoing instrument was acknowledged before me this 16 day of MA 20tQ, by Qc)NA�-Q P WV-kef--t� (print name), as \1 C6 PCeSI D NV" (title) of Sembler Retail II, Inc., as General Partner of Sembler Family Par tLtd., a Florida limited partnership, on behalf of the partnership. He/she is rsome or has produced a (state) driver's licen IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA "CJ � P. Signature .. o - ,, Name: KAI C. 4tS My Commission Expires: t;, 01 OR 5056 PG 3551 Wells Far B nk, onal Association By: `J�/G" Print: tr. S ca 01 Title: v " C-Q-- Vcj) &&/7— Date: WITNESSES: By: 'i —gn a i Ue—) Name: (Print) STATE OF F1 COUNTY OF The tme n , 9 ,going instrUVLn;e Os�'khowled' 20 tq-, by (title) of Wells Fargo Bank nal Association, known to me or has pro�u' identification. IN WITNESS WHEREOF, I here NOTARY UBLI I C, - STATE OF FLORIDA Sig Name: Sandra Garcia My Commission Expires: i1q /0" ( -r%— By: kci'C Af o J'i (8ignala"G.,w, 4. ..SANDRA GAROA , My COMMISSION I EE 217738 EXrIRES: January 9,=2015 6.dLd Tbru NdXY PLN'c U6w I -Print) p Wie this 1(31ay of A/VLq rtam Eras Ve ilf of,,th*bank. He/she is personally (state) driver's license as OR 5056 PG 3552 ILOCATION MAP] y EXHIBIT A �!IF, cli7 Form 62-330.301(13) — Deed of Conservation Easement —Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(0, F.A.C. (Effective Date) Page 8 OR 5056 PG 3553 N ea .. w E O O COLLIER COUNTY '& #� h.) _ r � \�� _ _ I ly Lr pJ f - - t PROJECT LOCATION I SEC 14, TWP 50 S, RGE 26 E RATTLL.4"f NIMMO" Fm -- / (( __ PROJECT NAME: MCMULLEN PARCEL PROJECT LOCATION MAP Dwc. No. OSTSC1438-01 SHEET: I OF 6 APPLICANT: SEMBLER FAMILY PARTNERSHIP *42, LTD. DRAWN BY: J.I. DATE: 5/10/06 REVISIONS: j 9 I a SCALE: N.T.S. OR 5056 PG 3554 EXHIBIT B [LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA] "WE C, Form 62-330.301(13) — Deed of Conservation Easement —Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(0, F.A.C. (Effective Date) Page 9 OR 5056 PG 3555 v 13n E a � � o 10 N 10 C Lu tO c1 In a c In a w 0 LO Z 0 01 J 2_ 00 00 N W 0 0 3 to L5 POB **THIS IS NOT A SURVEY** NORTHWEST CORNER S 1/2. SE 1/4. SW 1/4, SECTION 14 NORTH LINE S 1/2 SE 1/4. SW 1/ N87'36'03'E 1337.12' S137-47'56"W 880.91 S. 1/2 OF S.E. 1/4 OF S.W. 1/4 SECTION 14 CONSERVATION EASEMENT 4.32 AC l� S8T36'03"W 338.5C I� N 3 W E Y N $ N RATTLESNAKE HAMMOCK RATTLESNAKE HAMMOCK NORTH LINE RATTLESNAKE RD R/W PER O.R. RD R/W PER O.R. HAMMOCK ROAD R/W- 4336 PG. 3681 4524 PG. 215 LINE TABLE LINE BEARING LENGTH L1 S00'48'00'W 142.49' L2 N43'09*45W 53.84' L3 S8737'31 "W 9.37' L4 LS N00'48'45'E SBT37'31'1N 48.63' '- 61.64' SOUTH LINE S 1 /2 SE 1/4, SW 1/4 CURE TABLE DIUS DE TA CHORD BEARING CHORD 1 11' 4" N15-46-52-W 2.28' C 6. 4. ' ' 9 '11' 4" N45-46.52-W 5.8V 3 4. 9t' 9" N45'46'50"W 5.81' MCMUL LEN OVATION EASEMENT A TRACT OR PARCEL OF LAND SITUATED IN SECTION 14, BOUNDED AND DESCRIBED AS FOLLOWS: 0 SOUTH, RANGE � TER COUNTY, FLORIDA. BEING .�>" ,-.'� ONE QUARTER (1/4) OF SAID SECTION 14 THENCE N.8T36'03'E., ALONG THE NORTH LINE OF THE SOUTH ONE HALF (112) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 14 FOR 1.337.12 FEET TO A POINT ALONG THE EAST LINE OF THE SOUTH ONE HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 14; THENCE S.00'48'001Y., ALONG SAID EAST LINE FOR 142.49 FEET; THENCE S.8T36'031Y., LEAVING SAID EAST LINE FOR 338.50 FEET; THENCE N.4S09'45 W.. FOR 53.84 FEET; THENCE S.8747'561Y.. FOR 880.91 FEET TO AS POINT ALONG A LINE LYING 80.00' EASTERLY OF AND PARALLEL TO THE WEST LINE OF THE SOUTH ONE HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 14; THENCE S.00'48'451Y., ALONG SAID PARALLEL FOR 541.65 FEET TO A POINT ALONG THE NORTH LINE OF RATTLESNAKE HAMMOCK ROAD RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORDS BOOK 4336 PAGE 3681 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE S.8T37'311Y., ALONG SAID NORTH RIGHT-OF-WAY LINE FOR 9.37 FEET TO A POINT ON A CURVE; THENCE NORTHERLY LEAVING SAID NORTH RIGHT-OF-WAY LINE 2.32 FEET ALONG THE ARC OF A NON -TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 4.00 FEET THROUGH A CENTRAL ANGLE OF 33'11'14' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.15'46'521V. FOR 2.28 FEET: THENCE N.DO'48'45'E., FOR 48.63 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 6.51 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 4.00 FEET THROUGH A CENTRAL ANGLE OF 9511'14' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.4546'521W. FOR 5.81 FEET; THENCE S.8737'311Y., FOR 61.64 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 6.51 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 4.00 FEET THROUGH A CENTRAL ANGLE OF 9YI1'19' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.45'46'50'W. FOR 5.81 FEET TO A POINT ALONG THE WEST LINE OF THE SOUTH ONE HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 14; THENCE N.00'48'45E.. ALONG SAID WEST LINE FOR 580.91 FEET TO THE PONT OF BE(*#&40 OF THE PARCEL DESCRIBED HEREIN: CONTAINING 188.161 SQUARE FEET OR 4.32 ACRES. MORE OR E55. MICHAEL A WARD AT SIGNED PROFESSIONAL LAND SURVEYOR FLORIDA CERTIFICATE NUMBER LS 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. �� T�INC. 1E' CLIENT: / �g io 31 1z HACIENDA LAKES v on 5 zoo' OF NAPLES, LLC. CONSULTING GvllFngkc=in Z t TA 1 surveying & Mapping =^"ww V . TITLE: WIOW�abpr. P,NDnw,&ftma M.S.J. McMULLEN CONSERVATION PM6wds7s M Fbft=N7." `-=`�E0 BY. EASEMENT SKETCH AND LEGAL DESCRIPTION ..,,., MAW FWda CarEAab dA�R_o_itr Em SEC: - nE: PROJECT SHEET FILE 14 505 26E NUMBER: OSOISO.O6.01 NUMBER: OF 1 NUMBER: 0001 PH1SK OR 5056 PG 3556 "THIS IS NOT A SURVEY" N POC Lo NORTHEAST CORNER 1 j W E S 1/2, SW 1/4, SW Q p_ 1/4, SECTION 14 p 3 s x 11 0 o POB 186 p v NORTH LINE S 1/2 SW 1/4. SW 1/4 p N87'36 03 E 732.22 587'36'03"W U Cl BEARING w CONSERVATION EASEMENT L22 L BASIS1.66 AC S87'36'03"W 717.76' a Z z � m z N. 1/2 S. 1/2 S.W. a 1/4 S.W. 1/4 c) LESS WEST 100' a N 0 0 0 0 HAMMOCK PARK CONSERVATION EASE�+I NT A TRACT OR PARCEL OF LAND SITUA}ED IN SECTI N 14 TAk�lN 1`14 Sp SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING BOUNDED AND DESCRI,l3EI) A F01 OYyS �""� 1 �J COMMENCING AT THE NORTHEAST COR QF THE SOUTH ONE FfAkF (1/2) OF, THE SOUTHWEST ONE QUARTER (1/4) OF THE SOUTHWEST ONE QUART 'R',J1, 4) OF SAID SECTIOW,'vi4; THENCE S.87 36'03"W., ALONG THE NO JNE OF THE SOUTH'6NNF }fAU� {i/2) OF THE SOUTHWEST ONE QUARTER (1/4) OF THE SOUTHWEST ONE UATR (1/4) OF SAID SECTJ01, 14 FOR 186.14 FEET; THENCE S.02'23'57"E., LEAVING SAID NORTH tJNE' ,"3' 3 Q , E TiS A POINT ON A CURVE AND THE PONT OF BEGIN NO OF THE HEREIN DESCRIBED PARCEL; - THENCE EASTERLY 6.89 FEET ALONG THE ARC OF A NON —TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 10.00 FEET THROUGH A CENTRAL ANGLE OF 39'27'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.72'40'09"E. FOR 6.75 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY 44.86 FEET ALONG THE ARC OF A NON —TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 63.00 FEET THROUGH A CENTRAL ANGLE OF 40'48'03" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.21'12'46"W. FOR 43.92 FEET; THENCE S.00'48'45"W., FOR 57.57 FEET; THENCE S.8T36'03"W., FOR 717.76 FEET; THENCE N.02'23'57"W., FOR 100.00 FEET: THENCE N.87'36'03"E., FOR 732.22 FEET TO THE PONT OF BECROM OF THE PARCEL DESCRIBED HEREIN; CONTAINING 72,279 SQUARE FEET OR 1.66 ACRES, MORE OR LESS. inl�hz MICHA WAR ATE SIGNED PROFESSIONAL LAND SURVEYOR FLORIDA CERTIFICATE NUMBER LS 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. ��1/\�Q;0/31/12 cuENT: HACIENDA LAKES panning SSE: OF NAPLES, LLC. v>silHngime 1' = zoo' CONSULTING CSvtlEnghmmg 1 \ T TL 1 Surveying & Mapping DRAW TITLE: W101MewPa* Dr".SLOW 20a M.s.1. HAMMOCK PARK CONSERVATION �,�" �CMW7� `"`"Ma, EASEMENT SKETCH AND LEGAL DESCRIPTION . Zwwn,..me Maw FMA RFL NN OI141Fd1tdAon SEC. — kCE. PROJECT $uEET FILE 14 50S 25E NUMBER 050150.06.01 NWBER: 1 OF 1 NUMBER: 0001 PHSK LINE TABLE LINE BEARING LENGTH L1 502'23'S7'E 30.00' L2 S00'48'45"W 57.57' L3 NO2'23'57"W 100.OD' CURVE TABLE CURVE- �9i{�U$ DELTA CHORD BEARING CHORD ;y9'27'37" S72'40'09`E 6.75' �M�,C2 44.86' 63.00' � 40'°4,8'03" S21'12'46"W 43.92' *** OR 5056 PG 3557 *** EXHIBIT C [MANAGEMENT PLAN OR "INTENTIONALLY LEFT BLANK"] -%VAR CGq--- I Form 62-330.301(13) — Deed of Conservation Easement —Third Party Beneficiary Rights to USACE Incorporated by reference in paragraph 62-330.301(6)(0, F.A.C. (Effective Date) Page 10 HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 R-O-W DEED TO COUNTY 4137117 OR: 4336 PG: 3681 This instrument prepared by and return to: Christina M. Breiner, Esq. Donna J. Feldman, P.A. 19321-C U.S. Hwy. 19N, Suite 103 Clearwater, Florida 33764 RBCORDBD in OFFICIAL RBCORDS of COLUIR COUNTY, FL 03/07/2008 at 02:47PK DUIGHT 1. BROCL, CLBRK RBC 111 44.00 DOC-.70 .70 Retn: TRANSPORTATION INTIROFFICB Space above this line for recorder's use only WARRANTY DEED 4-h THIS WARRANTY DEED made this SEMBLER FAMILY PARTNERSHIP-, . , . a ,Vlo referred to as "Grantor"), whose p. e- o adr t es Florida 33707, to COLLIER G V. a political syy �'c successors and assigns, whose 36f off cemaddress is 3301� M 34112 (hereinafter referred to,,as "Orafite ''J. (Wherever used herein the instrument and their respecti WITNESSETH: That,'111e=Grantor, for and i&pp ($10.00) and other valuable c& cleration, receipt h grants, bargains, sells, aliens, reisesreleases, conveys certain land situate in Collier Coun�14o tRavt� l See attached Exhibit "A" which iswinc orpo day of 2008, by, da limited partner (hereinafter g Central Avenue, St. Petersburg, lion of the State of Florida, its a{ni Trail East, Naples, Florida bide all the parties to this rs and assigns.) of the sum of Ten Dollars ;by acknowledged, hereby s unto the Grantee, all that herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances t servations of record. hI`8wN�As�'4� r OARD OF COUNTY CONMAIS81R8. ;.OLLIER COUNTY. FLOitfOA, URSUANT TO AGEPAM rjt� p oATED: -1 • ITEM N0�4 .. l OR; 4336 PG; 3682 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) Ail (Print Full Name) oature AD A J� .- J4 t-0►y A (P n —Full Name) STATE OF FLORIDA COUNTY OF PINELLAS The foregoing 2008, by r Inc., a Florida c4polati limited partnership, on has produced _ 1� [AFFIX NOTARIAL SEAL] ��•Y'P�- Sharon M. Izandiou Commission # DD473101 st Expires October 21. 2009 -•� i�� 7019 aw4rd Tnf F�'^ Stance Mc 90P38`t :,:..E as U fors 8 1 �tl >wff4ciMcy x i o staot Couty Attorwt� E11M T. C#alAll SEMBLER FAMILY PARTNERSHIP #42, LTD., a Florida limited partnership By: Sembler Retail II, Inc., a Florida corporation Its: General Partner ZI (Si By: Name: 0/m r S. Se^ b! Title: day of rvarw , of Sembler Retail fl, nership #42, Ltd., a Florida is of Notary Public) known to me or My Commission Expires: / D 21 2,9 o Warranty Deed-V2 OR: 4336 PG: 3683 Exhibit "A" Legal Description of Property See Attached CIF, Cjw Warranty Deed-V2 OR: 4336 PG: 3684 Professional Engineers, Planners $ Land Surveyors FORT MYERS ♦ NAPLES ♦ SARASOTA ♦ PORT CHARLOTTE DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST 80 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST OF SAID COLLIER COUNTY, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 87°37'31" E ALONG THE SOUTH LINE OF SAID FRACTION FOR 100.16 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, SAID LINE BEING 100.00 FEET EAST OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE..WEST.LINE OF SAID FRACTION AND THE POINT OF BEGINNING OF A PARCEL OF LAND HEREIN.D 4IE> 1�qN 00°49'30" E ALONG SAID EAST LINE FOR 54.95 FEET; THENCE N 89°46'04" E FOR 66 0 FEkNR C IQN WITH A LINE 30 FEET NORTH OF AND PARALLEL WITH (AS MEASURED ON R` 1 1✓NDICULAR) THE O -PWE OF SAID FRACTION; THENCE N 87037'31" E ALONG SAID PARALLEL; Ii�s°I �OR 651.23 FEET TO AN ERff ECTION WITH THE EAST LINE OF SAID WEST 80 FEET OF THE SOUTH" IHALF HE --SOUTHEAST QUAR R OF THE SOUTHWEST QUARTER; THENCE S 00048'45" W ALONG SAID EAST lykl :<4 R 30 "05 FEE3'`TO THE ' OUtHEAST CORNER OF SAID FRACTION; THENCE S 879731 " Vtif ALONG THE SOUTIfLINE OF SAID FR 4CTION AND THE SOUTH LINE OF SAID SOUTH HALF OF THE SOUTHWE T Q , T I ARTTER OR 1,317.20 FEET TO THE POINT OF BEGINNING. II s 5 1 iiJ SUBJECT TO EASEMENTS, REST10.0- 0? PARCEL CONTAINS 1.1 ACRES, M i3O BEARINGS AND DISTANCES ARE Bhol (1999) ADJUSTMENT WHEREIN THE A SOUTHWEST QUARTER OF SECTION 14, DESCRIPTION PREPARED 02-08-08 R1CWD M. RITZ REGISTERED LANI) SURVEYOR FLORII3A CERTIFICATION NO. 400 DATE SIGNED 02-08-08 AY OF RECORD. LESS. 1 THE "STATE PLANE C*INATES SYSTEM" EAST ZONE NAD 83 1 , NEOF THE SOUTkI :F OF THE SOUTHWEST QUARTER OF THE O NSI IE: R~SOUTI'LRAN&6 EAST BEARS S 87°37'31" W. S.`Johs I NVx-I ; 1, - RR l 1 )I:S� k! >' K .1,,,, t2o l4_9 P'i l RO V, i.(;_.[KX.' ) S( M1.10 ,S A 42v1 %Q P i N C)Wo A SHEET I OF 2 10511 Six Mile Cypress Parkway - Suite 101 Fort Myers, Florida 33966 9 (239) 939-5490 • Fax (239) 939-2523 ONOUO3SS0'Of e Q Y/I MS '>/IY3s 'ell 5 3H1 j0 Mi „Sh,86.00 S I Z o 1� W — '08 JSW 3H1 30 3N171SV3 Q5 j 2 Z b — ___ -- -- — — — __ _ _ 2 � OJe N 1 1 NOLIOS a 2 W Y/1 MS '1/1 3S 'ell S 3H1 -40 2 �; �_ y � cn o 4 0 � 2 Q .08 153N 0� 3 z O� V ct Z o Q Q2, �oW 1� p Dino wm W Ct2W Cv -K C�1 ~ y vl m 2 At ji 'n z g''y yW�W N pc° 00 a oo eW`p. N R Q � � b II � W R O Y Z R OO ��L$7 3WyN Wo� Ci c� aA � oo is �1Myy 2 QH�24a U NN O UL� 4� � Qi QQ 4 1r h t 0 2 5Uu 'CC ti �2s Vl tZZ/1 O O ��•�N OW =V � � � �F ZilSn W Wks i�m� WQz ee H 3N17 7377VtIVd 2 h H$ 2 o 0 zzoo IW a� 0.0.ao `5� b�-- o cif H y jJ 3.Of,66.00 N k—li o l ^ c� hgo "^I2 � q 222 kk Y/l MS 'Y/l MS L/! k[/!OS 3NI71S3M rss (TVorr AclM oo I - QS QS * * * ME . 9d 9 M :Ho * * * eimm aor'wd so «z eoozle/Z 'BMP'lai MO)J rid 6ZVLlSNoidINOS3a"8nSl6ZPIMV Insaon:s HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 ACCESS EASEMENT INSTR 4321675 OR 4474 PG 1232 RECORDED 7/21/2009 2:36 PM PAGES 21 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $180.00 CONS $0.00 Rec'd Fee: $ Doc. Stamps $ TOTAL L_ This instrument was prepared by and to be returned to: Mary Jo Carney, Esquire Powell Carney Mauer Ramsay & Grove, P.A. 1 PROGRESS PLZ STE 1210 SAINT PETERSBURG FL 33701-4335 Space above reserved for Clerks office THIS BRIDGE AND ENTRARTCE___DRIVECONSTRUCTION AND EASEMENT AGREEMENT ("Agreement's , m ) isade and-enterL , into as of `1ll1+, 2009, by and between SEMBLER FAMILY PARTNEI'SBRZ-,�M,T 4dff1li d ` rtnership ("Sembler"), and COLLIER RATTLESNAKE; LL(, k84d4 lfilrfit�4 l�,ii t c ipa y (Collier Rattlesnake"), with reference to the following facts 9 "^.. A. Sembler is the of certain real prope situated Collier County, Florida, which is more particularly described on x I�it "A" attached heret-t4 ie sSe p Property"). ._ �„ B. Collier Rattlesnake it Il**.,owner of certain re'property situated in Collier County, Florida, located to the north of and a� �tlt treemibh rop` which is more particularly described on Exhibit B attached hereto (the ColIir the ial110 ty ). C. Subject to the terms hereof, Sembler and Collier Rattlesnake desire that a deceleration right turn lane and bridge canal crossing be designed, permitted and constructed, from County Road 951 to the western boundary of the Sembler Property, and that a shared two-lane entrance drive and related improvements be constructed from the bridge canal crossing upon the Sembler Property within the Easement Area (described herein) and as generally depicted on Exhibit "C" attached hereto (the "Improvements"), as described in more detail herein); and in connection with these agreements Sembler shall grant certain perpetual easements for ingress, egress over certain areas of the Sembler Property for the benefit of the Collier Rattlesnake Property (the "Easement Area"). The Easement Area is described on Exhibit "D", attached hereto. D. As of the date of this Agreement, neither party is certain of the timing for their particular project; therefore, each party desires to establish a means by which either party can proceed with construction so that the parties can mutually benefit from the improvements and in addition, provide a mechanism for how this design, permitting, construction, operation and payment of costs related thereto will be addressed. E. Sembler and Collier Rattlesnake have agreed to enter into this Agreement to (among other things) set forth the terms and conditions upon which the bridge canal crossing, deceleration right turn lane, two-lane entrance drive and related improvements described above will be designed, permitted Page 1 of 10 OR 4474 PG 1233 and constructed, and operated, to set forth the cost sharing obligations related thereto, and to grant certain easements for construction and use thereof, all as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), and for and in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Recitals: Exhibits. The foregoing recitals are true and correct and, together with all exhibits attached hereto, are incorporated herein by this reference. 2. Construction of Improvements. The parties agree to cooperate regarding the design, permitting and construction of and payment for certain "soft" costs and improvements consisting of: (i) a deceleration right turn lane running north in the right of way of County Road 951, approximately three hundred eighty (380) feet long, to approximately the boundary line between the Sembler Property and the Collier Rattlesnake Property (the "Right Turn Lane"); (ii) a bridge canal crossing, commencing at the end of the Right Turn Lane, between County Road 951 and the western boundary of the Sembler Property (the "Bridge"); and (iii) a shared two lautrcfrom the Bridge into the Sembler Property within the Easement Area (the "Entrap th' ( �� ): � ip'oednents set forth. in subsections (i), (ii), and (iii) above are sometimes coil y'-referred to her, "a� td a "Improvements", and they are generally depicted on Exhibit 'htiached hereto. The ItightTurn Lane shall be constructed upon property owned by Collier County (the `°County �-and e ridge c all be constructed on property owned by the South Florida Water Management DistrraFt#he "District"), sbjeq to the approval of the County and the District, respectively. " Expt� aei ft9 is r, " �< hmprvements shall be designed to comply with the minimum design standards ithpo�sei vi '.r6s ct o samelby the County and the District (and any other governmental, +6� ,'gjsL � iettal tithor,�i ling jurisdiction) (the "Minimum Standards"). All actual hard djrtt Oft costs and expenses,, including achange orders and posted letters of credit required by gove ei t or regulatory ag *s,' rq,i�' to the designing, permitting, engineering and construction of t ovements in acco. `It with -the Minimum Standards, exclusive of any profit or overhead of the Co Party, but inclustue�p*e reasonable profit and overhead of the contractors hired to do the work cq loc Orel ,, .the "Colistiut ion Costs") shall be shared equally by Sembler and Collier Rattlesnake, as morearfy in Section 3 below. In the event that the design of the Improvements as set forth on the p7aniid"specifications prepared by the engineer of record for the construction exceeds the Minimum Standards, and as a result thereof the actual construction costs anticipated for the Improvements as depicted on such plans and specification will exceed what the Construction Costs would have been if the Improvements were designed to meet (but not exceed) the Minimum Standards (the amount of such increase in construction costs is sometimes referred to herein as the "Additional Costs"), then the party undertaking the construction will deliver to the other party hereto written notice (along with backup documentation detailing the Additional Costs) of same (the "Additional Costs Notice"). Within ten (10) days after receipt of the Additional Costs Notice, the party receiving same shall indicate whether or not it approves of the Additional Costs, and if said party does not approve same, such written notice shall specify why said party does not approve same. If said party fails to provide such notice within the ten (10) day period set forth above, said party shall be deemed to have approved of the Additional Costs. The "Additional Costs" as approved by said party (or as deemed approved by said party) as set forth above shall thereafter be part of (and included in the definition of) "Construction Costs" as such term is used herein. If said party delivers written notice within the ten (10) day period set forth above, that it does not approve of the Additional Costs, then the party undertaking the construction shall have the right (in that parry's sole discretion) to either: (i) modify the design of the Improvements so that they meet, but do not exceed, the Minimum Standards; or (ii) proceed with construction of the Improvements as designed by the engineer of record for the construction, in which event the party undertaking the construction shall pay for the Additional Costs. Page 2 of 10 OR 4474 PG 1234 The parties agree that the Constructing Party, as hereinafter described, shall have the right to have temporary access over those lands lying within twenty feet (20') of and immediately adjacent to the Easement Area for construction staging and equipment needs, and said party shall not unreasonably disturb said adjacent lands, except as may be essential to facilitate said construction activities. Such temporary access shall terminate automatically upon substantial completion of construction of the Improvements, as such term "substantial completion" is defined in Section 3 (b) (1) below. The Constructing Party agrees to indemnify and hold the Contributing Party harmless from and against any and all claims for injury or death to persons or damage to or loss of property, or any other claims, loss, costs, damages or lawsuits arising out of or alleged to have arisen out of or occasioned by exercise of the temporary access rights granted by the Contributing Party to the Constructing Party for the construction and installation of the Improvements, and during construction of the Improvements, the Constructing Party shall maintain adequate liability insurance, with such insurance naming the Contributing Party as an additional insured, with financially responsible insurance companies, and having liability limits of not less than $2,000,000.00 per occurrence and $1,000,000.00 with respect to property damage. 3. (a) Sembler and assigns, from time to tiro Rattlesnake Property hereby coyA is a covenant running with the la: respectively, of the Sembler Prc owner from time to time of tle c proceed with and take control,,. of days prior notice to the other par that provides such notice hereAifi party shall be referred to herein' less than two (2) competitive bii the Improvements. In the event t will perform the work, then the v respectively, of :Ao pay one half shall be referred to he'in as the "Contributing Pa ,,_ from licensed contractoi's�_I'c 6.tlarties are unable to a� F themselves and their successors egibler Property and the Collier '6pstruction Costs. Said covenant 3nd,,Collier Rattlesnake as owners, I shrill be enforceable against the pake Property. Either party may �ovennents by delivering sixty (60) �ii bonstruction). The first party btstructing Party" and the other 01i0tructing Party shall obtain not by, such party, for construction of n the selection of a contractor who who provides the lowest bid. (b) The Contributing Pa --il e required to pay one-half (1/2) of the Construction Costs, which shall be due and payable within ten days of the following dates: (1) If the Contributing Party is Sembler, then the Construction Costs shall be paid to the Constructing Party upon the first to occur of: a) upon substantial completion of the Improvements if prior to substantial completion, a Certificate of Occupancy or its equivalent (CO) has been issued for any building upon the Sembler Property by the governmental authority having jurisdiction, b) upon issuance of a CO for the first building upon the Sembler Property if the Improvements have been completed as of the date of issuance of such CO, or c) upon issuance of a water management permit to allow an agricultural use of any portion of the Sembler Property if the Improvements have been completed as of the date of the issuance of such water management permit. The term "substantial completion" as used in this Agreement shall mean the issuance of a CO for the Improvements by the governmental authority having jurisdiction, in the event a CO is required to be issued for same, or in the event a CO is not required, then the approval upon final inspection of the Improvements by said governmental authority having jurisdiction. (2) If the Contributing Party is Collier Rattlesnake, then the Construction Costs shall be paid to the Constructing Party upon substantial completion of Page 3 of 10 OR 4474 PG 1235 the Improvements AND the first to occur of. a) issuance of a Site Development Plan Approval (SDP) for the Collier Rattlesnake Property or any part thereof by the governmental authority having jurisdiction, or b) upon issuance of a water management permit to allow an agricultural use of any portion of the Collier Rattlesnake Property. (c) Should the Contributing Party fail to pay its one-half (1/2) of the Construction Costs when due as set forth in the preceding subsection (b), then the Constructing Party shall have the right to file an Assessment Lien (as such term is defined in Section 6 below) against the Contributing Party's property and to collect and/or foreclose such Assessment Lien, all in accordance with the terms and provisions of Section 7 below. 4. Grant of Entrance Drive and Access Easements. Subject to the terms and conditions of this Agreement, Sembler grants to Collier Rattlesnake, its successors and assigns, a perpetual, non- exclusive easement for vehicular and pedestrian ingress and egress over, across and through the Easement Area and the Improvements located therein (the "Entrance Drive and Access Easements"_) for use by Collier Rattlesnake, its successors and asdsi o time to time of the Collier Rattlesnake mplo eeegts; u�eus ts, subtenants, customers, licensees, Property, and their contractors, e invitees, and guests (the "Collier R " ' A" Permittees"): ance Drive and Access Easements are for the benefit of, and shall lie£ appurtenant to, the Collier Ra esna e Property. In the event that, at any time, Sembler, the County or the M-tfict'"desirc-that the.1mpro me4s or the land upon which same are located (or any portion thet'eof)-ne dedica d t),-�e Cout y or the District for public purposes and/or maintenance, Collier Rattlesnake, 0 bchx f of aw s'°s�sqrs'}.and assigns, from time to time, as owner of the Collier Rattlespake,'rpe��, herobYaresth evil corlsent to such dedication and cooperate with Sembler, the , o nty, opo%th I istn t'fin co�e do tl ewith (as expeditiously as reasonably possible), includinyutnulatton () utingn an all documentation requested by Sembler, the County or the Dish. (including an improver t bo d(s) c311", Otter(s) of credit) in connection with same; and (ii) conveying thp,�kaement Area and the It" vem ts4cicated therein (or any portion of same requested by Sembler, the ist or the District) to the ot�rty or,°the District. In the event that all or any portion of the Easement Are ajlq* Improvements loca tl;eiein are conveyed to the County or the District for public ingress and egrewp or easement, then the Entrance Drive and Access Easements herein as to such''p&�Od'shl� %unate automatically, and Collier Rattlesnake hereby agrees to provide an executed acknowledginent evidencing such termination upon request therefore. 5. Use of Easement Area. Sembler, its successors and assigns, from time to time, as owner from time to time of the Sembler Property and their contractors, employees, guests, agents, tenants, subtenants, customers, licensees and invitees (the "Sembler Permittees"), and the Collier Rattlesnake Permittees shall use the easements granted herein in a reasonable manner and without undue interference with the use and occupancy of the burdened property. If the grantee of any easement rights hereunder (or their respective Permittees), in the exercise of those rights or the use of the easements granted herein, causes any damage whatsoever to any improvements on the burdened property (other than in connection with construction of the Improvements by Sembler as set forth herein), then such grantee shall replace or repair (or cause the replacement or repair of) such landscaping, personal property, or improvements within five (5) days of the date such damage occurred, provided that if such replacement or repair cannot be completed within a period of five (5) days, such grantee shall commence performance (or shall cause performance to be commenced) within the five (5) day period and continuously prosecute (or cause prosecution of) same to completion with due diligence. Sembler hereby reserves unto itself and its successors and assigns all rights and privileges of improving and using the Easement Area, and the right to dedicate and/or grant easements in, upon, over, under, through and across the Easement (including but not limited to easements granted to public bodies or utility companies for the installation, construction, Page 4 of 10 OR 4474 PG 1236 maintenance, repair and operation of utility facilities within the Easement Areas), provided same does not unreasonably interfere with the rights granted hereunder. 6. Maintenance of Easement Area and Improvements. Until such time as a CO has been issued for the first building on both the Collier Rattlesnake Property and the Sembler Property, the Constructing Party shall operate, at its sole expense, and maintain, or cause to be operated and maintained, in good order, condition and repair, and in accordance with any applicable permits, the Easement Area and the Improvements, and shall make any and all repairs and replacements that may from time to time be required with respect thereto. Once a CO has been issued ' for the first building constructed upon the Sembler Property, the owner of the Sembler Property shall operate and maintain, or cause to be operated and maintained, in good order, condition and repair, and in accordance with any applicable permits, the Easement Area and the Improvements, and shall make any and all repairs and replacements that may from time to time be required with respect thereto. From and after the time when a CO has been issue Rattlesnake Property and the Sembler Propcdy, C e maintenance and repair of the Easement And I the Sembler Property and the owl, & Collier Rattlesn .11 which costs -sharing obligations,h 11 commence upon the constructed on both the Semtvier roperty and. lic Collie contribution for maintenance, f airand opeYgtiop-costs shy Sembler Property to the owner of the 11'er, es�c�P� include an administrative fee of 1$'%if threustic s a and management of the maintetaa r sp s1 life `desqlllribe with all supporting invoices,i clkecveiy,iic`Stafer►int Rattlesnake Property shall pat half of the amount administrative fee within thirty O,days of receipt of t Sembler Property. �'� \, If the owner of the Collier Rat esnake.' owner of the Sembler Property shall be entided and equitable remedies from the consequences and/or specific performance. for the first building on both the Collier Its and expenses related to the operation, ICNO,shall be shared between the owner of c a, on a fifty-fifty (50150) basis, ss nce'gf a CO for the first building Ratt snake Property. The request for be a i1 writing by the owner of the i ?The request for contribution shall ke ' nses (to cover the cost of collection gran), F statement of costs, together l-•E(ts" ,,a� d the owner of the Collier �rih iu tl�e/ Statement of Costs and the atbrrle tt t of Costs from the owner of the V{ 14J'timely make such payment, then the and adequate relief by all available legal including payment of any amounts due In addition to all other remedies available at law or in equity, any claim for reimbursement, and all costs and expenses, including interest at the prime rate which is published from time to time in The Wall Street Journal, plus three percent (30/o), and reasonable attorneys' fees awarded to the owner of the Sembler Property in enforcing any payment in any suit or proceeding under this Agreement, shall be assessed against the Collier Rattlesnake Property in favor of the owner of the Sembler Property and shall constitute a lien (the "Assessment Lien") against the Collier Rattlesnake Property until paid, effective upon the recording of a notice of lien with respect thereto in the public records of Collier County, Florida; provided, however, that upon the timely curing of the default for which a notice of lien was recorded, the owner of the Sembler Propertyshall record an appropriate release of such notice of lien and Assessment Lien. 7. Enforcement of Assessment Liens. A party hereunder that is entitled to an Assessment Lien may record a claim of Assessment Lien in the public records, specifying the amount of such lien. Assessment Liens may be enforced by the filing of an action to foreclose the Assessment Lien at any time within one (1) year from the date of recording of the Assessment Lien, and otherwise in accordance with all methods available for the enforcement or foreclosure of liens under Florida law. The holder of an Assessment Lien may institute suit to recover a money judgment for the sums secured by the Assessment Page 5 of 10 OR 4474 PG 1237 Lien from the owner of the property that is subject to said lien without being required to foreclose its Assessment Lien and without waiving the Assessment Lien. Any foreclosure action by the holder of the Assessment Lien may be instituted without regard to the value of the property, the solvency of the owner of property that is subject to the Assessment Lien or the relative size of the default. All costs incurred by holder of the Assessment Lien to collect, enforce, or foreclose upon the Assessment Lien, including attorneys' and paralegals' fees and all related costs, shall be included in the amount of the Assessment Lien and any judgment obtained in the foreclosure of such Assessment Lien. The Assessment Lien and rights of the holder of the Assessment Lien to enforcement hereunder are in addition to, and not in substitution of, all other rights and remedies that the holder of the Assessment Lien may be entitled to exercise under Florida law. 8. Agreement Not to Object to Proyosed Uses. Sembler hereby agrees that Sembler shall not make any public objection to any proposed legal use of the Collier Rattlesnake Property; provided, however, that Sembler may object to the proposed use of the Collier Rattlesnake Property for any of the "obnoxious uses" set forth in Exhibit "E" attached hereto (the "Obnoxious Uses"). Collier Rattlesnake hereby agrees that Collier Rattlesnake shall,rke �tty°public objection to any proposed legal use of the Sembler Property; provided, howeyo, may object to the proposed use of the Sembler Property for any of the Obi ses set forth iri' �i' `1�`E" attached hereto. 9. Government (including, without limitati conditions of the Hammock Ordinance No. 07-30 (inclu, and all other applicable gov( rules, regulations, statutes ar agree that the Improvements be subject to the terms and Vnit Development Ordinance, reto), to the extent applicable, sPs, permits, approvals, codes, 10. Subordination V�11 such time as the ap�pn ter= cin of Construction Costs have been paid by the owner of to'llier Rattlesnake Pro�ei�y id,ace6rdance with Section 3 of this Agreement, the Entrance Drive ark At less Easements and Col{i �tilesnake's agreement to share the Construction Costs contained herein bo tomatically.sta o to and inferior to the lien of any fast Mortgage upon the Collier Rattlesnake eVtyis 3i�th ! nt 6f foreclosure of such first Mortgage, the holder of said first Mortgage shall not be obligated -hereunder and may elect to foreclose out the lien and priority of this Agreement with regard to the Collier Rattlesnake Property; however, the effect of such action shall also eliminate all Entrance Drive and Access Easements interests and other rights and benefits running to the benefit of the Collier Rattlesnake Property under this Agreement. Notwithstanding the foregoing, once the appropriate portion of Construction Costs have been paid by the owner of the Collier Rattlesnake Property in accordance with the agreement to share Construction Costs, this provision regarding subordination shall automatically terminate and shall have no further force or effect. 11. Covenants Running With the Land; Successors and Assigns. The agreement to share Construction Costs and on -going maintenance, repair and operation costs for the Easement Area and Improvements (once constructed), and the easements referred to in this Agreement, shall run with title to the property described herein and be binding upon the parties hereto, their successors (by merger, consolidation or otherwise) and assigns, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the owners of such properties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. It is intended that, upon the conveyance by any party [or its successors or assigns] of title to any portion of the property affected hereby, the party conveying title shall thereupon be released (as to the property conveyed only) of all obligations and liabilities hereunder (including all liability resulting from a breach of this Agreement), to the extent accruing after the date of such conveyance. Page 6 of 10 OR 4474 PG 1238 12. Enforcement. In the event of a default hereunder, the non -defaulting party may deliver to the defaulting party written notice specifying the default, and the defaulting party shall have fifteen (15) days to remedy the same, failing which the non -defaulting party shall be entitled to seek any legal or equitable remedy on account of such default, but shall not be entitled to a termination of this Agreement. 13. Governing Law: Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue for any dispute arising under this Agreement shall lie exclusively in the courts located in Collier County, Florida. 14. Attorneys' Fees. In the event of any dispute arising under this Agreement, the prevailing party in such action shall be entitled, in addition to all other relief granted or awarded by the court, to a judgment for its reasonable attorneys' and paralegals' fees and costs incurred by reason of such action and all costs of mediation, arbitration, suit at both the trial and appellate levels, and any bankruptcy action. This provision shall survive any termination of this Agreement. 15. No Third Party terms of this Agreement, unless terms and conditions of this Ag the public shall have any rights 16. Amendment: Waiver. 'Fhi ,Agreement a written consent of Sembler and Cdllter ttl e,"tiar their' such amendment shall be recc rded jn party of any of the other party's o lig�tion� o� breach pn' c constitute a waiver of any of r inq�blgati° or shall be effective unless set fo in writing and signed by'e s 17. Time is of the b. Time is of the essn or other requirement or obligatio nde this Agreement. In any obligation or exercise of any ri t lndr or the,last shall fall on a Saturday, Sunday or na`ligna exercise of such right (or the last day of such] sha] business day following such date. shall be deemed a beneficiary of the easements granted hereby and other ops to the public, and no member of not be, modified or amended without the ucse§-sqs m=interest (as applicable). Any io nty,Florida. No waiver by either ane tlere df under this Agreement shall ch party, and no such waiver arty enttdiRo performance. ewitrFect to any date for performance �aeevt`that any date for performance of laoof�any period of time specified herein) ze for performance of such obligation or be extended until 5:00 p.m. of the next 18. Notices. Any notices to be delivered pursuant to this Agreement shall be delivered to the parties at the addresses set forth below. Either party may change its address for notice purposes by delivering written notice thereof to the other party. Notices shall be effective if delivered by hand, overnight courier service, facsimile, or U.S. Mail, postage prepaid. Notices shall be deemed received within four (4) days of deposit in the mail if sent by U.S. Mail, upon receipt by the sender of an electronic confirmation if sent by facsimile, upon delivery if hand delivered, and one (1) business day after deposit with any overnight courier service if sent in such manner. Notices shall be addressed as follows: If to Sembler: If to Collier Rattlesnake: Sembler Family Partnership #42, Ltd. c/o Sembler Company 5858 Central Avenue St. Petersburg, Florida 33707 Attn: Gregory S. Sembler, President Telephone: (727) 384-6000 Facsimile: (727) 344-8110 Collier Rattlesnake, LLC Attn: Ken O'Leary, Manager 27499 Riverview Center Blvd. Ste 101 Bonita Springs, Florida 34134 Telephone: (239) 992-0001 Facsimile: (239) 949-0140 Page 7 of 10 OR 4474 PG 1239 With a copy to: Powell Carney Maller Ramsay & Grove, P.A. One Progress Plaza Suite 1210 St. Petersburg, Florida 33701 Attention: Mary Jo Carney Telephone: (727) 898-9011 Facsimile: (727) 898-9014 E-Mail: micamey@,powellcameylaw.com With a copy to: Cohen & Grigsby, P.C. Attn: Thad Kirkpatrick, Esq. 27200 Riverview Center Blvd. Ste 309 Bonita Springs, Florida 34134 Telephone: (239) 390-1900 Facsimile: (239) 390-1901 E-Mail: tkirkpatrick(a)cohenlaw.com If any party hereto is represented by legal counsel, such legal counsel is authorized to deliver written notice directly to the other party on behalf of his or her client, and the same shall be deemed proper notice hereunder if delivered in the manner specif ed ala 19. Severability. I,rt �ie,.event any provision otklis greement is deemed invalid or unenforceable by a court of comete�}t jaistion, such invalidity uneforceability shall not render the remainder of this Agreement too be` inlidr unen%rc"�be, and his Agreement shall be construed, interpreted and enforced as if ,�sucly"i oAs y�had dot been included herein, and otherwise to fullest extent vos�iblefi ui a`cc diancevi nt o tl s Aerdement. 20. CounterpartsAM*i e in ute u11iojbjseparate counterparts, each of which shall be deemed an ortfina and all of which wlitake togeret, shall constitute one and the same instrument. �` ? Remainder of th sr ei`nte�itional left hli 1 `Signature pages follow. CIX.,.nv. Page 8 of 10 OR 4474 PG 1240 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. WITNESSES: Signature of Witness #1 I FA Printed Name 1 Wit �ess�� ignatur of Witness #2 SEMBLER FAMILY PARTNERSHIP #42, LTD., a Florida limited partnership By: Sembler Retail II, Inc., a Florida corporation Its: General Pa er By: Pri Nam bs'° --- —"� STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrumen uwas a wWgeO Vo ��s; � day of U�`� 2009, by 4MMq oflSbn( er R tail III I;o a Florida corporation, the General Partner of Sembler F, Tiers 42,�,-a Fl6rtda4h t) <1' partnership, on behalf of the corporation and the partner He is erso o� r me or has produced a L✓J P guy , _] 1 (type of tdtficttti�ira} ' identification. me c) (N 4 , Ntru lic, State of Florida MICHELLE M. MCkTf r..: _� s 3 •'c MY COMMISSION # D0709od0 rintzName: ICN Ell E M . UL I NVISW EXPIRES August 29, 2011 p07)3tl-0t53 FWW& Swyic..wm My commission expires: 6- 2-1' L TI SC 58M09 Collier Blv &Hammock Park Blv, Napks\ESW.Bridge_Enlrance Coast 3-26-09.DDC [Signatures continued on following page] Page 9 of 10 OR 4474 PG 1241 1-7 So, igna a of i es4 #jr irk Printed Name of Witneg #1 Siatur of Wi ess #2 F�yM c . P1EX66!' Printed Name of Witness #2 COLLIER RATTLESNAKE, LLC a Florida limited liability company By: N V Eol Title: r 'R C & STATEOF COUNTY OF CFe he for�oing instrwent as clowl�dged bef� met 's� day of, 2009, by �. Q/` , a ` K f C LLIER+RATTLESNAKE, LLC , a Florida limited liability company, on ehalf ¢f tho 1 a w potpnll o� to me or L j has produced (NOTARY SEAL) 1 `� No*- Y. Pgbiiq, S tc of PrintYNii a ope'u S�. Po at Sion expires: Page 10 of 10 OR 4474 PG 1242 EXHIBIT "X' Legal Description of Sembler Property TID OR 4474 PG 1243 VVZT 9d VLVV NO OR 4474 PG 1245 EXHIBIT `B" Legal Description of Collier Rattlesnake Property Page 1 of 2 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects A PARCEL OF LAND LYING IN,A-PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTI N�4'2�T 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY .-_-ANOM'' MORE PARTICULARILY DESCRIBED AS FOLLO !� -7 COMMENCE AT TOE SO S'' OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 BAST CRII?A; THENCE RUN NORTH 00032'56" EAST ALONG SECTION 14 FOR A DISTANCE OF 669. 4 ET T� RUN 0 $7°18'49" EAST FOR A DISTANCE OF 100.O TH EAS`.RI -SAY LINE OF COUNTY ROAD 951, SAID ALSO BEING TIP ]PC�IN' IMF BEGINNING OF THE PARCEL OF LAND IN DESCRIBED; �T�NORTH 00032'56" EAST ALONG SAID EAST OF -WAY LINE FOR A PI[STANCE OF 334.85 FEET TO A POINT ON THE N �-$OII)NDARX..Q THE SOUTH 1/2, OF THE NORTH 1/2 OF THE SOUTHWESTST 1/4 OF SAID SECTION 14 ; THENCE RUN ALONG SAID NbR�b3tNDARY, NORTH 87° 17'S5" EAST FOR A DISTANCE OF 1,237.58 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 14; THENCE RUN ALONG SAID EAST LINE SOUTH 0003141" WEST FOR A DISTANCE OF 335.16 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE SOUTH 1/2, OF THE NORTH 1/2, OF THE SOUTHWEST 1/4, OF THE SOUTHWEST 1/4 OF SAID SECTION 14; THENCE RUN ALONG SAID SOUTH BOUNDARY SOUTH 87018'49" WEST FOR A DISTANCE OF 1,237.68 FEET TO THE POINT OF BEGINNING. CONTAINING 9.503 ACRES, MORE OR LESS. OR 4474 PG 1246 EXHIBIT `B" Legal Description of Collier Rattlesnake Property Page 2 of 2 OR 4474 PG 1247 or w I I 0 I I � a U I I c U E I I a I V E ip Ieuea Bugs — (�eM-10-34612l,5ZZ) — � •' _ -- -(l56)Weneln0eJOIJI00 -- — OR 4474 PG 1248 EXHIBIT D OR 4474 PG 1249 EXHIBIT D EASEMENT AREA `V 20' I m (rss ED) QxVn97n og (YE17700 OR 4474 PG 1250 EXHIBIT "E" Obnoxious Uses The following uses shall be considered "Obnoxious Uses" for purposes of Section 7 of this Agreement, unless otherwise specifically set forth below: (i) a cocktail lounge, bar, any other establishment that sells alcoholic beverages for on -premises consumption, whose reasonably projected annual gross revenues from the sale of alcoholic beverages for on -premises consumption exceeds forty-nine percent (490/0) of the gross revenues of such business; (ii) discotheque, dance hall or night club; (iii) bowling alley; (iv) pool room or pool hall or billiard parlor; (v) skating rink or roller rink; (vi) amusement arcade or gallery, pin ball or electronic game room (provided however, that the operation of video machines incidental or ancillary to the operation of another permitted business shall not be considered an Obnoxious Use provided such incidental or ancillary operation of video machines shall not exceed three percent (3%) of the Floor Area of the permitted business); (vii) a cinema or theater of any kind; (viii) children's play or party facility (provided, however, that the operation of a children's play or party facility that is operated in connection with another permitted use, such, as 4ck � C-hecssc's or McDonalds, shall not be considered an Obnoxious Use); (ix) adult book stare, a�dttlt46i t va t rrlusement or entertainment facility or any facility selling or displaying pornograltttenals or having�{dasplays (provided, however, that the operation of a Blockbuster Video``I. }wood Video or similar aeration or a Barnes & Noble, Walden Books, Books -A -Million or similar operation-shAll not be considered an'Obnoxious Use, so long as such operations are family oriented and notg�adujt orienfecT4;`'(X� sec cm hand store, odd lot, closeout or liquidation store or auction house (pfov d, x v thai 11 o atlon 4 a TJ Maxx, Marshalls, Ross, Nordstrom Rack, or similar, stork'''s#all offb c i e ji n xio s Use) or flea market xi educational or training facili (c lu ng, wi�popt ltmut��n kbeguty' 5cchpol, barber college, school or other facility catering primari }� t er br,,�es! ttctr ei ), Provided however, that the following shall not be cons't erga Obnoxious Uses (A on si[e erii ee training by an occupant incidental to the conduct of itst b>iess at the property, ( ,an occupnt offering to the general public activities such as book or poetry end rigs or signings and cosh ute tra :ng sessions, (C) a tutoring center or college preparatory center, suchy)v�n Learning, Stanley. laic; or such other similar operation as long as any such operation occupies at n two thousa A, undred (2,500) square feet of Floor Area, or (D) the conducting by an occup*(Oill f shop of animal training classes as part of a diversified pet business; (xii) massage parlor (provided, however, that the operation of a day spa facility [which may offer massage and other body treatments], or a therapeutic massage clinic such as Massage Envy or a similar operation, shall not be considered an Obnoxious Use); (xiii) funeral home or funeral parlor; (xiv) sleeping quarters or lodging on the Collier Rattlesnake Property (provided, however, that the operation of a hotel or motel or other short-term residential use shall not be considered an Obnoxious Use); (xv) the outdoor housing or raising of animals; (xvi) the sale, rental/leasing or storage of automobiles, trucks, boats, other motorized vehicles, or trailers; (xvii) any industrial use (including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses); (xiii) any mining or mineral exploration or development except by non -surface means; (xix) a carnival, amusement park or circus; (xx) an assembly hall; (xxi) a gaming, gambling, betting or game of chance business, off track betting establishment or bingo hall or parlor (provided, however, that the sale of lottery tickets shall not be considered an Obnoxious Use); (xxii) any use involving underground storage tanks; (xxiii) a church, temple, synagogue, mosque, or the like; (xxiv) a so-called "head shop" or any other facility for the sale of paraphernalia for use with illicit drugs; (xxv) office use (provided, however, that office use that is incidental to a retail use or as otherwise found in a typical retail shopping center or commercial center, and office use within a medical facility or a medical office building, shall not be considered Obnoxious Uses); (xxvi) dry cleaning plant (provided, however, that the operation of facilities for drop off and pick up of clothing cleaned at another location shall not be considered an Obnoxious Use); (xxii) cell phone tower; (xxiii) billboard(s) (provided, however, that the use of any portion of the Sembler Property or the Collier Rattlesnake Property for an Entry Sign [as hereinafter Page 1 of 2 OR 4474 PG 1251 defined] shall not be considered an Obnoxious Use); (xxix) a cafeteria; (xxx) a mini -storage facility; (xxxi) junk yard; (xxxii) car repair business (provided, however, that the operation of a Goodyear Tire & Auto Repair or similar operation or an automobile stereo installation operation in connection with an electronics store, such as a Best Buy, or similar operation, shall not be considered an Obnoxious Use); and (xxxiii) any use or operation which is illegal. For purposes hereof: (i) the term "Floor Area" shall mean floor area calculated in square feet (measured from the exterior faces of the exterior walls and/or from the centerline of common walls) located in or appurtenant to buildings constructed or to be constructed on the applicable property, which Floor Area shall include, without limitation: the ground floor (and each floor above the ground floor, if any) area within said buildings; basements; enclosed vestibules; exclusive passageways; storage areas; mezzanines; exclusive outdoor garden shops or sales areas; exclusive enclosed loading areas, outdoor balconies, patios, or other outside areas utilized for retail sales or food or beverage service (exclusive of areas utilized exclusively for drive -through or walk-up take out food or beverage service, and exclusive of areas utilized exclusively for banking drive -through service); and (ii) the term "Entry Sign" shall mean a sign, whether located on the Sembler Property or the-, Me ,Rattlsnake Property, which identifies the project and/or the business names of one or 4"& Eiroiect located thereon. r.\Jr l-"INI I *** OR 4474 PG 1252 *** CONSENT OF SEMBLER PROPERTY MORTGAGEE COMES NOW, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, the owner and holder of that certain Mortgage given by SEMBLER FAMILY PARTNERSHIP #42, LTD., a Florida limited partnership and referenced as follows: 1. Mortgage, Security Agreement and Fixture Filing dated March 31", 2006 and recorded in O.R. Book 4010, Page 2373, Public Records of Collier County, Florida; and 2. Collateral Assignment of Leases, Rents and Contract Rights dated March 31", 2006 and recorded in O.R. Book 4010, Page 2397, Public Records of Collier County, Florida, as such documents have been modified by Mortgage Modification and Future Advance Agreement dated effective as of May 12, 2007 and recorded in O.R. Book 4270, Page 2451, Public Records of Collier County, Florida, �----- , " C, consents to the foregoing BRIDGE 9 RANCE14tI , QNSTRUCTION AND EASEMENT AGREEMENT. , a` IN WITNESS WHEREOF; the said wl day of 3 v vV e' H M,s WITNESSES: (Sign) Zamcfvll� (Print) Sn) (Print R111/-i-- S. STATE OF FLORIDA 2009. has hereunto set its hand and seal this M. C. NATIONAL sl banking association _ f/Y- The foregoing instrument was acknowledged before me this an<L day of , 2009, by ( !VAX_ M as of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, on behalf. of the association. He/She is personally known to me or has produced as identification. NOTARY PUBLIC: Q / (Sign � (P' L� �.S State L At Lar e (S AL) My Commission Expires: 0/23( a LINDA S. SABOMY COMMISSION a DD803334 EXPIRES. July24.2012Y Fl. Notary Discount Assoc. Co HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 BRIDGE AND ENTRANCE DRIVE CONSTRUCTION AND EASEMENT AGREEMENT INSTR 5802121 OR 5705 PG 148 RECORDED 12/11/2019 2:49 PM PAGES 16 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $137.50 CONS $10.00 Prepared by: Harold J. Webre, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 AMENDMENT TO BRIDGE AND ENTRANCE DRIVE CONSTRUCTION AND EASEMENT AGREEMENT This Amendment to Bridge and Entrance Drive Construction and Easement Agreement ("Amendment") is made and entered into as of Ak re •M b�( 2, 2019, by and between Wilton Land Company, LLC, a Florida limited liability company ("Wilton"), and Collier Rattlesnake, LLC, a Florida limited liability company ("Collier Rattlesnake"). WHEREAS, this Amer and Easement Agreement (the between Collier Rattlesnake an'i Ltd., a Florida limited partner Records of Collier County; and WHEREAS, Wilton is the sole owner thereof (nc WHEREAS, the location Agreement, must be moved to a c is to that certain B` d Entrance Drive Construction ems" made and enteredto as of July 7, 2009, by and de sor Yn nteres Sembler Family Partnership #42, Io=s447, Page 1232, of the Public ;d the Semf Prorty'cribed in the Agreement and to as the "Wilt Prdne and Area, as described in the WHEREAS, the Easement Area and Improvements therein shall now be located on the Collier Rattlesnake Property, and Collier Rattlesnake is now granting easements thereto for the benefit of the Wilton Property, as described herein; and WHEREAS, Wilton and Collier Rattlesnake wish to enter into this Amendment to evidence the agreed upon changes. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. Capitalized terms used herein shall have the same meaning described in the Agreement, unless otherwise set forth herein. 2. Exhibit "C" to the Agreement (depiction of the Improvements), which appears in the recorded Agreement in O.R. Book 4474, at Page 1247, is hereby deleted and a new Exhibit "C" is inserted in its place and stead. The new Exhibit "C" is attached hereto and incorporated herein and into the Agreement by reference. OR 5705 PG 149 3. Exhibit "D" to the Agreement (the Easement Area), which appears in the recorded Agreement in O.R. Book 4474, at Pages 1248 and 1249, is hereby deleted and the Wilton Property is hereby released and discharged of and from the imposition of the grant of easement on and over said Easement Area. A new Easement Area on the Collier Rattlesnake Property, described on Exhibit "D" attached hereto and made a part hereof and the Agreement, is inserted in its place and stead. 4. The Right Turn Lane described in subsection (i) of the first sentence of paragraph 2 of the Agreement has been constructed by Collier County in connection the County's widening of County Road 951. The owner of the Wilton Property is required to reimburse the County for such costs in the amount of $261,162.75, as described in section A of the invoice attached to this Amendment and incorporated herein by reference as Schedule 1. These costs shall be included in the Agreement as shared Construction Costs, and thus shall be shared and payable equally by Wilton and Collier Rattlesnake in accordance vuhh;ii4gia1}h o�fthe Agreement. 5. The references to the "Se . - Nef-Property" in subs'( of paragraph 2 of the Agreement,'.,shall-bea changed to Rattlesnake Property". 6. Paragraph 3.(b)(1) is in its place and stead, as foll (1) If the Contek�,dt ig Party is Wilton, the Constructing Party substantial complt occur of: a) issuance of a i�'Oevelopment Plan or any part thereof by the g r aLauthority of a water management permit„' tom` l?y n Property. and (iii) of the first sentence now reference the "Collier aragraph 3.(b)(1) is inserted '®a 4fruction Costs shall be paid to e Improvements AND the first to W1(SDP) for the Wilton Property jurisdiction, or b) upon issuance use of any portion of the Wilton 7. Paragraphs 4 and 5 of the Agreement are hereby deleted in their entirety, and new paragraphs 4 and 5 are inserted in their place and stead, as follows: 444. Grant of Entrance Drive and Access Easements. Subject to the terms and conditions of this Agreement, Collier Rattlesnake grants to Wilton, its successors and assigns, a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress over, across and through the Easement Area and the Improvements located therein (the "Entrance Drive and Access Easements") for use by Wilton, its successors and assigns, as owners from time to time of the Wilton Property, and their contractors, employees, guests, agents, tenants, subtenants, customers, licensees, invitees, and guests (the "Wilton Permittees"). The Entrance Drive and Access Easements are for the benefit of, and shall be appurtenant to, the Wilton Property. In the event that, at any time, Collier Rattlesnake, the County or the District desire that the Improvements or the land upon which same are located (or any portion thereof) be dedicated to the County or the District for public purposes and/or maintenance, Wilton, on behalf of itself and its successors and assigns, from time to time, as owner of the Wilton Property, hereby agrees that it will OR 5705 PG 150 consent to such dedication and cooperate with Collier Rattlesnake, the County or the District in connection therewith (as expeditiously as reasonably possible), including, without limitation: (i) executing any and all documentation requested by Collier Rattlesnake, the County or the District (including an improvement bond(s) or letter(s) of credit) in connection with same; and (ii) conveying the Easement Area and the Improvements located therein (or any portion of same requested by Collier Rattlesnake, the County or the District) to the County or the District. In the event that all or any portion of the Easement Area and the Improvements located therein are conveyed to the County or the District for public ingress and egress purposes, whether by deed or easement, then the Entrance Drive and Access Easements herein as to such portion shall terminate automatically, and Wilton hereby agrees to provide an executed acknowledgment evidencing such termination upon request therefore. 645. Use of Easement Area. Collier Rattlesnake, its successors and assigns, from time to time, as owner from time' ,tin f �e oilier Rattlesnake Property and their ents; contractors, employees, guna,�sbtenants, customers, licensees and s'ake Permittees"), dtl Wilton Permittees shall use the invitees (the "Collier Ra4easements granted herein in a reasonable manner n , ' ut undue interference with the use and occupancy of the,'+bu�d pibpe*: k If th grantee of any easement rights hereunder (or their respeciireJP ermi�)��the ofIhose rights or the use of the easements granted herein l cause; any dan a b v�a r t6 any improvements on the burdened property (o her hOn , ,W c nrle * with coast tion of the Improvements by Collier Rattlesnake as ket or i here r);then Bch gin 60 *all replace or repair (or cause the replacement or repatrIpq such landscaping, rsohala erty, or improvements within five (5) days of the date �amage occurred,'�fgv€�ct if such replacement or repair cannot be completed wi reriod of five (5�-;i}a such grantee shall commence performance (or shall cause rfor ancc, h eed) within the five (5) day period and continuously prosecute (o 40 Usk� ro ttiesli of) same to completion with due diligence. Collier Rattlesnake hereby reserves unto itself and its successors and assigns all rights and privileges of improving and using the Easement Area, and the right to dedicate and/or grant easements in, upon, over, under, through and across the Easement Area (including but not limited to easements granted to public bodies or utility companies for the installation, construction, maintenance, repair and operation of utility facilities within the Easement Area), provided same does not unreasonably interfere with the rights granted hereunder. 8. Paragraph 6 of the Agreement is hereby deleted in its entirety, and new paragraph 6 is inserted in its place and stead, as follows: "6. Maintenance of Easement Area and Improvements. Until such time as a CO has been issued for the first building on both the Wilton Property and the Collier Rattlesnake Property, the Constructing Party shall operate, at its sole expense, and maintain, or cause to be operated and maintained, in good order, condition and repair, and in accordance with any applicable permits, the Easement Area and the Improvements, and shall make any and all repairs and replacements that may from time to time be required with respect thereto. Once a CO has been issued for the first building constructed upon the OR 5705 PG 151 Collier Rattlesnake Property, the owner of the Collier Rattlesnake Property shall operate and maintain, or cause to be operated and maintained, in good order, condition and repair, and in accordance with any applicable permits, the Easement Area and Improvements, and shall make any and all repairs and replacements that may from time to time be required with respect thereto. From and after the time when a CO has been issued for the first building on both the Wilton Property and the Collier Rattlesnake Property, the actual costs and expenses related to the operation, maintenance and repair of the Easement Area and the Improvements shall be shared between the owner of the Collier Rattlesnake Property and the owner of the Wilton Property on a fifty-fifty (50150) basis, which costs -sharing obligations shall commence upon the issuance of a CO for the first building constructed on both the Collier Rattlesnake Property and the Wilton Property. The request for contribution for maintenance, repair and operation costs shall be made in writing by the owner of the Collier Rattlesnake Property �! _e Wilton Property. The request for contribution shall include are riilrati�e fee-ft of the requested costs and expenses ��`� (to cover the cost of colt i ti and managemen ',of"the maintenance responsibilities described herein), ands` a s-t�tement, of costs, toge er with all supporting invoices, collectively, the "State nerd ot� s", and the3owner o they Wilton Property shall pay its half of the amount set fothe administrative fee within thirty (30) days of t ecek bf he , S�tat nte�t off s ;from the owner of the Collier Rattlesnake Property If the owner of4#t'e the owner of the Collid'i adequate relief by all avail breach, including payment Wilton Property and equitable idly make such payment, then .,entitled forthwith to full and `s from the consequences of such cific performance. eCl In addition to all other remedies available at law or in equity, any claim for reimbursement, and all costs and expenses, including interest at the prime rate which is published from time to time in The Wall Street Journal, plus three percent (3%), and reasonable attorneys' fees awarded to the owner of the Collier Rattlesnake Property in enforcing any payment in any suit or proceeding under this Agreement, shall be assessed against the Wilton Property in favor of the owner of the Collier Rattlesnake Property and shall constitute a lien (the "Assessment Lien") against the Wilton Property until paid, effective upon the recording of a notice of lien with respect thereto in the public records of Collier County, Florida; provided, however, that upon the timely curing of the default for which a notice of lien was recorded, the owner of the Collier Rattlesnake Property shall record an appropriate release of such notice of lien and Assessment Lien." 9. The remaining terms "Sembler" and "Sembler Property" as defined and described in the Agreement, as modified by the replacement of certain exhibits and paragraphs in this Amendment, are hereby replaced with "Wilton" and "Wilton Property", respectively. 10. Paragraph 9 of the Agreement is hereby deleted in its entirety and a new Paragraph 9 is inserted in its place and stead, as follows: 4 OR 5705 PG 152 9. Governmental Approvals. The parties understand and agree that the Improvements (including, without limitation, the construction and use thereof) shall be subject to the terms and conditions of the Good Turn Center Multi -Planned Unit Development Ordinance, Ordinance No. 09-53 (including the rights of Collier County pursuant thereto), to the extent applicable, and all other applicable governmental and quasi - governmental rights, licenses, permits, approvals, codes, rules, regulations, statutes and other requirements. 11. Paragraph 10 of the Agreement is hereby deleted in its entirety and a new Paragraph 10 is inserted in its place and stead, as follows: 10. Subordination. Until such have been paid by the owner Agreement, the Entrance DAN Construction Costs containd lien of any first Mortgage up first Mortgage, the holder elect to foreclose out the 11J Property; however, tl e e , Access Easements inees 11 Wilton Property unsex .liis appropriate portion of A o Property in accordance�g regarding subordination 11 effect. time as the appropriate portion of Construction Costs o" r in accordance with Section 3 of this �pe ece,gsE-aseM " and Wilton's agreement to share the shall be auto° elly subordinate and inferior to the ?ilton Property. : In tie event of foreclosure of such Mortgage ``shall n t be�obligated hereunder and may i n of. th W grepme#t with regard to the Wilton i 4actinhla� imate all Entrance Drive and r r ,44_ 4 and erfefi � �rurming to the benefit of the rttentlotwtohs°la�pg the foregoing, once the istruction Costs 1ve been paid by the owner of the Wilton the agreement to4are;4truction Costs, this provision automatically termi� �ad- shall have no further force or 12. Any notices under paragraph 18 of the Agreement shall now be addressed as follows without further copies to any other party: If to Wilton: Attn: David E. Torres 7742 Alico Rd. Ft. Myers, FL 33912 Attn: George P. Bauer 206 Dudley Rd. Wilton, CT 06897 If to Collier Rattlesnake: Amy Turner 801 Anchor Rode Drive, Suite 206 Naples, FL 34103 ME Tammy Kipp 801 Anchor Rode Drive, Suite 206 Naples, FL 34103 13. In the event of any conflict between provisions within the Agreement and this Amendment, the provisions of this Amendment shall control. All other terms, covenants, conditions and 5 OR 5705 PG 153 agreements set forth in the Agreement, except as modified in this Amendment, are hereby ratified and confirmed and shall remain in full force and effect. 14. This Amendment may be executed in separate counterparts, each of which shall be deemed an original, and all of which when taken together, shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGES] R C 0 OR 5705 PG 154 IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first above written. WITNESSES (as to both): Print Name: 01 Name: J O L Pi STATE OF FLORIDA COUNTY OF COLLIER Collier Rattlesnake, LLC, a Florida limited liability company BY: Turner Property Management, LLC, a Florida limited liability company, its Mana er By: y gkp, its M&iager A By: v�� its Manager The foregoing instrument acknowledged before e�tiis 2 7-day of rA oq e r►. b 2/ , F 2019, by Tammy Kipp and Amy T %�agesirner Property Management, LLC, a Florida limited liability co�pany, as t17e,giag0ris Ilter Rattlesnake, LLC, a Florida limited liability company, who [ 1 are personally known to me or who " provided as identification. {NOTARY SEAL} 4X Notary Public ,4V Notary Public State or Florida Maria aria E Benoit Print Name: a tr ► c, n. o c � My Commission GG 249298 Expires O511512022 7 OR 5705 PG 155 ame: )- k-Pok ,•�/rimer, STATE OF PLC 'OD4 COUNTY OF L, E The foregoing instrur. 2019, by George P. Bauer, as as the Manager of Wilton La personally known to me identification. {NOTARY SEAL } Wilton Land Company, LLC, a Florida limited liability company By: George P auer, as Trustee of the George P. Bauer Revocable Trust Dated July 20, 1990, its Manager (Company Seal) '1 l 3 61 gas _ack wledized before e Pri " NIINN Notary Public state of Florida Maritza Aguiar My Commission GG 145859Expires 1210BY2021 -' day of -rt ernbw , able Trust dated July 20, 19 ability company, who as 8 OR 5705 PG 156 ss easemem uniwcwurem rwnswo is EXISTING 126.6' I EXISTING1100.1' ROADWAY ROW SFWMD RO,W & E +- I — I i l r 1 . II I ; �,x � 1 I ------------- m EXHIBIT 'IC" HENDERSON CREEK CANAL IMPROVEMENTS JAIMO ENGINEERING CLIENT: FL STAR DEVELOPMENT, LLC w��n ACCESS EASEMENT EXHIBIT OR 5705 PG 157 Trask Surveying, P.A. Land Surveyors A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (BRIDGE ACCESS EASEMENT) AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING OVER, ACROSS THE THROUGH A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4279, PAGE 2459, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER O SAID SECTION FOR 100.16 FEET TO AN INTERSE SAID INTERSECTION BEING THE NORTHWEST,Ca� 10, SAID PUBLIC RECORDS; THENCE N.00°49'3I';; RIGHT OF WAY LINE OF RATTLESNAKE HAMMOC WAY LINE AND THE BOUNDARY OF THE PARCEL RECORDS, FOR 614.80 FEET TO THE SOUTFJ�IyIF- 4279, PAGE 2459 AND POINT OF BEGINN ; TH AND THE BOUNDARY OF SAID PARCEL AS"bESC THENCE LEAVING SAID CANAL RIGIC W S.00*49'31"W. FOR 40.06 FEET TO THE . MON BOOK 4279, PAGE 2459 AND OFFICIAL R�'gR0S BOUNDARY LINE AND THE SOUTH LINE OF*N OF SAID SECTION 14, FOR 60.10 FEET TO TH t PO F SAID ,.SEGT�ION 1.4� THENCE N.87°37'31"E. ALONG THE SOUTH LINE OF CT NIl�TErT LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY; 4 �"TRACT R 1 HACJtlNDA LAKES OF NAPLES, PLAT BOOK 55, PAGE ALONG SAID CANAL RIGt9F,WAY LINE FOR 54.95 FEET TO THE NORTH K ROAD; THENCE CONTIN E. N.00'49'31"E. ALONG SAID CANAL RIGHT OF A OE�SIrRIBEDFIROPFICIAL RECORDS BOOK 4819, PAGE 3122, SAID PUBLIC OO SP�� DESCRIBED IN OFFICIAL RECORDS BOOK ENfrE OV7N�1 0 9E ALONG SAID CANAL RIGHT OF WAY LINE RL,B�EDIN OFFIC RER'OS OOK 4279, PAGE 2459 FOR 40.06 FEET; � f ICU N(. ' 6'03"E. FOR 60.10 FEET; THENCE BOUNDARY LINE SAID PA t AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 2;,THF 5.87°36'03"W. ALONG SAID COMMON QRTH HALF OFTHE SOI�9Iaff%,QUARTER OF THE SOUTHWEST QUARTER SAID EASEMENT CONTAINS 2403.81 SQUARE FEET ORR`i, RE OR LESS. BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87°37'31"E. TRASK SURVEYING, P.A. FLORIDA LICENSED BUSINESS LB8082 Digitally signed by Kenneth E. Kenneth E. Trask Date:2019.09.05 Trask 13:07:48-04'00' KENNETH E. TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 SEPTEMBER 5, 2019 OR 5705 PG 158 SKETCH TO ACCOMPANY DESCRIPTION OF AN EASEMENT LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. c� I WN Z I ra 3c n >rn ul I �p PARCEL DESCRIBED IN o r sir OR 4279 PG 2459 co 0! O w z 7 01 w m w A�/'�fSS, M� ¢ 3 0 wl EASEMENT � O F PART OF OR 4279, PG 2459 LINE TABLE LINE BEARING DISTANCE L2 N00'51'54"E 65.40' L2 S87'37'31"W 100.16' L3 N00'49'31"E 54.95' L4 N00'49'31"E 40.06' L5 N87'36'03"E 60.10' L6 500'49'31"W 40.06' L7 S87'36'03 W i 60.10' PARCEL DESCRI "IN+ OR 4819. PG 3�p wo M p >p Z z Z 1 30 Lj N. RIGHT OF WAY LINE I n J SOUTH LINE SECTION 14 - - - - N87'37'31"E P O C, NW CORNER TRACT R-1, RATTLESNAKE HAMMOCK ROAD SW CORNER HACIENDA LAKES OF NAPLES SECTION 14 P.B. 55, PG. 10 P.B. 55, PG. 10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE S. RIGHT OF WAY LINE TRACT G HACIENDA LAKES OF NAPLES P.B. 55, PG. 10 THIS IS NOT A BOUNDARY SURVEY Kenneth Digitally signed by Kenneth E. Trask Date: 2019.09.05 E. Trask 13:08:10-04'00' KENNETH E. TRASK DATE PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE NO. LS4684 C Trask Surveying, P.A. Land Surveyors Florida Licensed Buelnees No. L88082 12345 Blaeinglm Raad Fort My... Florida 33966 (239) 950-1495 deq eeoN teb/ 9-5-19 18-235K 1 -Ioo' 18-23 2 of OR 5705 PG 159 Trask Surveying, P.A. Land Surveyors A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (TEMPORARY CONSTRUCTION EASEMENT) AN EASEMENT SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING OVER, ACROSS THE THROUGH A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4279, PAGE 2459, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAI SAID SECTION FOR 100.16 FEET TO AN INTERSECTS SAID INTERSECTION BEING THE NORTHWEST-C 10, SAID PUBLIC RECORDS; THENCE N.00°49'31* ALC RIGHT OF WAY LINE OF RATTLESNAKE HAMMOC�"Oa WAY LINE AND THE BOUNDARY OF THE PARCEL ,�`Df RECORDS, FOR 614.80 FEET TO THE SOUTHVjt.WT j-C 4279, PAGE 2459; THENCE CONTINUEN WA19 1 SAID PARCEL AS DESCRIBED IN OFFICIAL RE OkDS� THENCE CONTINUE N.00°49'31"E. AI-dNG H � I I -C 40,4,14; THENCE N.87°37'31"E. ALONG THE SOUTH LINE OF 1 7JETINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY; TRACT R=4 1(�A�DA LAKES OF NAPLES, PLAT BOOK 55, PAGE SAID CANAL RiG O` WAY LINE FOR 54.95 FEETTO THE NORTH FHENCE CONTIN f N.0D°49'31"E. ALONG SAID CANAL RIGHT OF 901WOEFLCIAL RECORDS BOOK 4819, PAGE 3122, SAID PUBLIC SAID RIGHT OF WAY AND BOUNDARY MI N.87°36'03"E. FOR THE COMMON BOUNDARY LINE OF SAFo�OCELS AS DESCRIBED, OFFICIAL RECORDS BOOK 4819, PAGE 3HENCE S.87'36'03"W SOUTH LINE OF THE NORTH HALF OF THE SdUTii)S,T QUARTER OF 20.03 FEET; THENCE LEAVING SAID COMMON 1310i V � AND f C;l 5.87°36'03"W.FOR 60.10 FEET TO THE POINT OF BEGIN' NIG. ._. s DESCRIBED IN OFFICIAL RECORDS BOOK 'HT OF WAY LINE AND THE BOUNDARY OF 2I�OR 40.06 FEET TO THE POINT OF BEGINNING: AN U; BY FOR 20.03 FEET, THENCE LEAVING L3 F ET; jtHi E 5.00-49'31"W. FOR 60.10 FEET TO FIG1Ai� 'CORDS BOOK 4279, PAGE 2459 AND fA"OLOI`, `, COMMON BOUNDARY LINE AND THE DU 14" ,HWEST QUARTER OF SAID SECTION 14 FOR Fb AL "LINES, N.00°49'31"E. FOR 40.06 FEET; THENCE SAID EASEMENT CONTAINS 2403.81 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. BEARINGS ARE BASED ON SOUTH LINE OF SECTION 14 AS BEARING N.87*37'31"E. TRASK SURVEYING, P.A. FLORIDA LICENSED BUSINESS LB8082 Kenneth E. Digitally signed by Kenneth E. Trask Date:2019.09.05 Trask 13:06:09-04'00' KENNETH E. TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 1 OF 2 12345 Blasingim Road • Fort Myers, FL 33966 SEPTEMBER 5, 2019 OR 5705 PG 160 SKETCH TO ACCOMPANY DESCRIPTION OF A PARCEL LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LINE TABLE o LINE BEARING DISTANCE <1 L1 S87'37'31"W 100.16' wN L2 S00'51'54"W 65.40' z� L3 N00'49'31"E 54.95' �a L4 N00'49'31"E 40.06' 3� L5 NOO'49'31"E 20.03' p >_ LLo L6 N8736'03"E 80.13' Of<I 3 L7 S00'49'31 "W 60.10' > mI w mc) PARCEL DESCRIBED IN L8 S8736'03"W 20.03' LH o it M OR 4279, PG 2459 L9 N00'49'31"E 40.06' 0 a v = w .n moaf_ L10 S87'36'03"W N w a:� 1-1 K z rin I a T - w j z 60.10' EASEMENT F` -1 0 C.)(n o .._ L6 *'" PART OF 'oo ,J '' OR 4279, PG 2459 L) P.O.B. J L8 RY 1/4� F 19, PG 322 OR} 4 79, P'149 a R R § hadP d d a PARCEL DESCRIBi. IN# OR 4819, PG f� e a 0C �o:a�g�A I z <zay�� Qom,"' '+ .✓" w N. RIGHT OF WAY LINE I n J SOUTH LINE SECTION 14 - - L1 P.O.C. NW CORNER TRACT R-1, RATTLESNAKE HAMMOCK ROAD HACIENDA LAKES OF NAPLES SW CORNER P.B. 55. PG. 10 SECTION 14 P.B. 55, PG. 10 S. RIGHT OF WAY LINE TRACT G HACIENDA LAKES OF NAPLES P.B. 55, PG. 10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE THIS IS NOT A BOUNDARY SURVEY Kenneth Digitally signed by Kenneth E. Trask E. Trask 1D3:06:305104'00'S KENNETH E. TRASK DATE PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE NO. LS4684 Trask Surveying, P.A. Land Surveyors Florida LIc-md 8uninew No. 1.198082 12345 01-Ingim Rood Fort Myers, Florida 33966 (239) 980-1495 ag .aw. 1b! ^� 16-. 1"=100' 18-23 2 OF 2 OR 5705 PG 161 BOARD OF COUNTY COMMISSIONERS Transportation Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone (239) 252-5782 Bill To: Name: Mr. Tom Hareas Company Name: The Sembler Company 5858 Central Avenue St. Petersburg, FL 33707 This invoice is for the payment of inte at the intersection of Collier Blvd and upon Ordinance 07-30. This is at the request of the Board of REVENUE ACCOUNT FUND COST CENTER DATE: INVOICE # FOR: REFERENCE NUMBER: *REVISED AMOUNT April 27, 2011 2' Intersection improvements Hammock Park DESCRIPTION I AMOUNT OBJIREV. COE S�, that were c Road. F TOTAL I $ Make all checks payable to COLLIER COUNTY BOARD OF COMMISSIONERS THIS INVOICE IS DUE AND PAYABLE WITHIN 90 DAYS OF RECEIPT PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT TO: Transportation Planning, c/o Laurie Beard, Planner, 2800 N. Horseshoe Drive Naples, FL 34104 398,630.21 398,630.21 OR 5705 PG 162 COLLIER BOULVARD - DEVELO ER COST ESTIMATE - RATTLESNAKE CROSSING CHZM HILL - MG 2/24/09; Updated by TCS-NUT 04/25/11 A. NO-WiLbr.Tum1aneork Collier • Full Item No. QTY Unil Item Description Unit Price' Total 1 LS CLEARING AND GRUBBINC S 8,257.00 $ 456 44' cXC.�Vn'ctON-htrJCFc 3 ts.00 4 s,ose.oe 3,560 CY EMBANKMENT S 25A0 S 89AW.OU 10,205 5F GEOSYN-FHETICREINFORCEDSOIL SLOM S 320 S 32,b56.00 699 Sy TYPE B STABILIZATION (LBR 40) (12") . $ 4.341 $ 3,005.70 577 Sy BASE, OPTIONAL (BASE GROUT 09) S 15.00 S 8.655.00 111 TN SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC D) (3-;') S 71.00 $ 7,881.00 69 N ASPHALTIC CONCRETE FRICTION COURSE (FC-12.5) (TRAFFIC D) (15') S Sum $ 6,141.00 1 EA INLETS (P-4) (<10) S 9,375.50 $ 8375.50 23 LF PIPE OFTIONAL (18") S 99-90 $ 2,05850 391 LF CONCRETE CURB AND GUTYER(TYPE F) S 10-90 $ 4,10550 1,060 TN GEOTEX'CILE FABRIC) $ 69.00 $ 73,140.00 482 LF GUARDRAIL( ROADWAY) S 27.00 $ 13,014.00 • EA DIRECTIONAL ARROWS S 7050 $ - 0.04 SKIP TRAF. STRIPE - 6"WHITE (MERINO( S 1,39b.U0 $ 55.56 -cm COT 19us T AL S 261,162.76 Y 00 ) •Unit Prices Based on Better Roads Construction Prices ' @ . 6 Wa.. On er - .t Item No, QTY Unit ,^' fItem Description - Unit Price- Total Bike Lane 4 FT I 279 SY 16.1. . 11 ) ,,,;-.",.:,,,.,„.•-. pt $ 40 1,199.70 2 279 SY -'_ BASE,O rIONAL (BASEGR( �y $5.0$ 4,185.00 3 54 TN ?£� SUPER(VE A. HA„ W$ $834 W 4 24 TN ASPH TICC 1v F , "YT -1'" I' "! - ` c°§ 51 -1- _5$9.00 $ 2:136.U0 5 1 [S SIGN( G AU G s§§ 52W.UU $ 20U.W Pathway 10 FT .. .. ) ... .a. B�, 1 $3 10 : $ 4,2,7.00 1 2 990 SY 753 W TYPES Al4Ly,'Alj�.4d'BR . s� BASE, L (BASE GROUP 4l '* `1 _ $10 OU $ $89 UO $ 7,530.00 5,162.00 3 58.D 7Tv A'PHA FRK-'rI0\ C:OLRLSC (FC-1 5} (1 5 7 •., $25 U0 $ 5,875.00 4 235 CY I [S EIviBA L�1' s S)C.NL%.0 5(KING r f . $SW W $ i00.W 5 1 EA ." BOLLARD ,�r'.:a. `^o 'i v .° • W 3SOM $ 3,350.00 6 &4U SY SODDING (BA lrctuglos Water, Fortili-T. Mowinel `� . *__"` _'� 53.90 $ I,d15.00 ' �, ` COST SUB TOTAL $ 39,843.70 - 5 JOUVILOPIR RBSPO 1 iR :., .� ,,," 3-�,B'Li• -Unit Prices Based on Better Roads Coosinicton Prim a c n eenttmis on _ er t1s Lee aasocta a )>ti rovetncrt apt ) Item No. QTY Unit Item Description Unit Price• Total I 1 LS MOBTi.CL.ATI01.1 • $ 33,668 33 $ 33,da5 i3 I LS PROVtDECONS"rRL:CTIONSL-RVMT..N'G AND LAYOUT` S 17,'L'*342 $ 17.229.42 3 1 [ R MALN-- ENANCE OF TRAFFIC" $ 291998.99 S 29 998.99 4 1 B CLEARING AND GRUBBING- S 1,443.88 S 1,4415.0 5 4,000 CY E64&.kNT F..NT S 25,00 S 11XI'Go0.U($ 6 50 Cy COMMERCIAL MATERIAL FOR DRCVEWAY S 17.00 S i,&5C1.W 7 5.861 Sy TYPE 85TABILIZATION(1,89 40)(I2') S 4.30 S 2520230 8 5,S61 Sy B-ASE,OPIONAL (BASE GROUP 9) (IINIE ROCK 10") S 15.00 $ 87,915,W 9 1,128 IN SUPERPAVE ASPHALTIC CONCRFIE(TELAFFLCC CX3112-) $ 71.00 $ SO,088.00 t0 483 TN FRICTiDNCOU2iE (FC95)(RUBBER)( 5") S 89.00 $ 42.987,00 11 2.230 LF COI``CRETE CURB AND GUTTER (TYPE FI 5 10.50 S 2R,415.00 12 750 SY SODDING (RAHIA) Onclude Water, Fcrtilim,Mor+ing) 5 1.90 $ 1,425,00 1.-, 60 LF PIPE CULVERT OPTIONAL. MATMIAL(13"1(ROL'ND) S 89.50 S 5.370.00 14 1 IS SLCNC11t1 a.NDMARKtV[1 s 3,000M $ IS 1 LS DE51C:1j CO5)S" ((2) Turn Lanes a�cd Q) Signals (pWportionnte stare)$ $ 38,666.98 $ 38,66t.9S 16 1 IS CONSTRUCTION ENGB EKING INSPECTION" 57394.43 5 f 94.48 -wit'6%.88 N SILETY FA.RTIAL) 7% 'Unit Prices Based on Better Roads Construction Bid Prices "Unit Prices Braced on Percent of Bid Total Constr. Cost 0)'Tunr I-Ane, Interss+etwA Impawements (pmp share), mrd (11 Signal (prop share)) Best Available Image *** OR 5705 PG 163 *** ,' - ... ofJUL' Improvements an a us. sc associatedt0 improvements an.. ::_ a al -- _ Item No. QTY Unit Item Description Unit Price Total I I IS MOBILIZATION'" S 14,498.86 $ 44,498.8b 2 1 I.S PROVIDE CON5'TRUCTTON SURVEYING AND LAYOUT"- $ 12,713,96 $ 12,713.96 3 1 LS MAINTENANCE OF TRAFFIC" $ 9,961.76 $ 9,961.76 4 1 L$ CLEARING AND GRUBBING•• $ 59,680.82 $ 59,680.82 5 3500 CY £MBA..IKMM-r .- .----__.ln' ..$.._._.56,000.00 6 4A02 SY TYPE BSTABILIZATION (LBR 40) (12' ! $ 2.75 $ 12,105.50 7 4,402 SY BASE,OPPIONAL (BASE GROLP 91(LIME ROCK 10") $ 13.00 $ 57,226.00 8 4,402 SY SUPERPAVE ASPHAL'(TC CONCRETT (TRAFFIC C)(21!2") $ 8,70 $ 38,297.40 9 4A02 SY FRICTION COURSE (FC 9.5)(RU3BER)(1") . S .5.50 $ 24,211.00 30 400 SY SODDING (BA RA) (Include Water, Fertilizer, Mmving) $ 1.70 $ 680.00 11 1200 LF CONCRETE CURB AND GUTTER (TYPE F) S 8.40 S 10,080.00 12 264 LF PIPE CULVERT OPTIONAL MATERIAL (19") (ROUND) S 70.00 S 18,480.00 13 1 LS SIGNING AND MARKING $ 31000.00 S 31000.00 14 1 [S DESIGN COSTS^` ((2) Turn Lanes aid (2) Signals (proportionate share)) S 37,461.31 S '47.4.1.31 15 I LS CONSTRUCTION ENGINEERING LNSPBCTION •" $ 80,771.04 S 80,771.04 6 ,16 .6. D IDEVELOPEU RESPONSIBILITY(PARTIAL) 7% Z-%L 4 *Unit Prices Based on John Carlo Construction Bid Prices --Unit Prices Based on Percent of Bid Total Constr. Cost (Intersection Improvements (prop share), and (1) Signal ( ro share)) Item No. No. OTYt TteDescription »�y4 Unit Price" Total 1 40 LF CABLE(SIGNAL (ApUWnn $ 10.50 $ 4207 2 3 4 6 AS AS TRAFFIC SIGNAL (3 SI;C`'T-1 WAY) (LED) (F&I) TRAFFIC SIGNAL l3t„S7`C�=Y-Wi�i"Y)'� Dl(RELOCATE) �ko-,. � $ 1221.00 $ 614.W $ 4,892.00 3,684.00 4 12 EA SIGNAL HEAD AU.,,ctLWRR; ..( l_ ) VISORS)( &R'F�'-: $,, 220 $ 26.40 5 1 AS ACTU ATEJO SOLII' STATE CONTR SLM�IEhtA (hi0 ') $ \ 2,745.00 S 2,745.00 GOVSP3, ON 5UB'1'OTAL $ 11,767A ,..E.. - ,, tJ r.- 3 + 4 - $ •2 3 aF "Unit Prices Rased on Better Roads Constmcd Bid, Signal at colliodillijig%akeIntersection a esrt a of - a a ^4, �;' item Na. QTY Unit ba',t' ° Item Description {. Unit Price- Total 1 1,286 LF DIREC'I•IONA „i TO 1..i * ` .. $ 24.30 $ 31,S0 2 18,681 LF ,a>. C"ONDUtT (IRJR. & IN ALL(UNDERGROUND) ! „ $ $ 2.80 $ 1.30 5 52,30" 3,310 3 4 2,931 1 LF PI CONULT['(FC4LV.. )a�ROL:W) ,s"` f SIGNAL CABLE 2,S92.OtT S 2592 5 20,394 8 LF EA F[BEP.OM'IC CABLE 24'C,1 1� r •� ✓' PULL&JLNCTfON BOXES (FF3lVLIWST LLa $ S 3.15 $ ��^9.00 S 64,2;1 t,832 c 7 13 EA PULL&JUNCTION BOXES(KHEI OI*T[6C.1'{F3. .'aH&.-BCSTALL) $ 7Cw.00 S 9,958 8 4 FA -�,1,1.ST ARM ASSEMBLY (F&11(SINGLE ARIt)(AR.\t A38P1-)LEP3) S 27,000.00 $ 110,400 9 12 AS TRAFRCSIGNAL(RRi:St]SFi&NSTALL)(3-SEC110N)(1-%VAYt S 1,088.00 $ 13,056 t0 2 AS PBDB_C'112IANSIG;`;AL(F[iRNL4F1&IPdSTALL3(I.C1))(1•WAY) $ 918.00 S I'M it 6 EA SIGNAL IIE\D AUXILIARIES (F & Il (BACK PLATES, 3 SECT.) $ 96.00 $ i76 2 FA SIGNAL HEAD AUXILIARIES (F & I) (ALLti1NUNI PCDFSTAL) $ 960.00 $ 1.920 13 4 EA VEHICLE. DETECTOR ASSEMBLY (F & 1) (OPTICAL TYPE) $ 8,300.00 S 35?00 14 2 EA PEDESTRIAN DETECTOR(1& 1)(POLE MOUNTED) $ 125A0 S 250 15 1 AS ACTUATED SOLID STATE COMM W&1)(NEMA)(SING LE PRE) $ 24900.00 S 24.500 I6 1 AS S-15'IEM AUXILIARIES(F&1)(VIDEO CENTRAL EQUIP-Nu-'N'r) $ 3,964.00 3 3,961 17 12 EA REMOVE TRAFFIC SIG -UAL HEAD ASSEMBLY $ 60.00 S 720 i8 1 FA POLE REMOVAL(SHALLOW)(DIRECT BURIAL) $ 635.00 S 635 19 1 EA REMOVE COMM ASSEMBI.Y(CABE,Xr ASSEMBLY, LESS FOUND) S 135.00 $ I35 20 1 EA REMOVE SPAN WIRE ASSEMBLY S 120.00 $ 120 21 1 EA REMOVE CABLING AND CONDUIT S 60.00 $ 60 2 EA SIGN, ❑N1'ERNALLY ILLUMINATED (COLLIER BLVD) S 2.592.00 S 5,184 23 2 EA SIGN, INTERNALLY R.LUMNATED(RAT.TLESNAKEi $ 2,592.00 S 3,184 DI 1 EA SIGN PANEL &I7(15 SF OR LL•S.S7 WO TURN ON RED, R10-Ila) $ 305.00 $ 305 CONSTRUCTION SUR T TAL $ 36%03&00 IF FDMLj0PER RBSPONS (PARTIAL) 7'4 'SS -Unit Prices Based on John Carl. C•mstructi.o Bid Prices Best Available Image HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 ORDINANCE 2007-30 y�61�1g19202jj ? MAR 2001 �, �EVED CEI tia 0 9S�£Zl�� ORDINANCE NO. 07- 30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" FOR A PROJECT KNOWN AS HAMMOCK PARK COMMERCE CENTRE PUD, FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF CR 951 AND RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.23 ACRES; PROVIDING FOR THE ENTIRE REPEAL OF ORDINANCE NUMBER 00-79, AS AMENDED, THE FORMER HAMMOCK PARK COMMERCE CENTRE PUD; AND BY PROVIDING AN EFFECTIVE DATE. rc a rm o r � s v cn� � rn-i -a r-C on� — D N DM N WHEREAS, Robert Mulhere of RWA, Inc. and R. Bruce Anderson, Esq., of Roetzel & Andress representing the Sempler Family Partnership Number 42, LTD, c/o Joseph A Filippelli, 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 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development "PUD" to Commercial Planned Unit Development "CPUD" in accordance with the CPUD 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 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 00-79, as amended, known as the Hammock Park Commerce Centre PUD, adopted on November 28, 2000, by the Board of County Commissioners of Collier County, is hereby entirely repealed. Page I of 2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this 2% day of - c 2007. ATT T, DwIGH'Tj;. BROCK, CLERK Attrstti{,to e ty Clerk Chat s s i�att+irt ooi � Approved as to form and legal sufficiency MaijoriO M. Student-S iling Assistant County Attorney P U DA-2006-A R-1003 0/M ZJsp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA r BY: JAM S COLETTA, CHAIRMAN Page 2 of 2 This ordinance filed with the Secretary of State's Office the .--S!!2 day of lV agkh o© and acknowledgement of that film received this _lam day of 1- By cWV PLANNED UNIT DEVELOPMENT DOCUMENT FOR Hammock Park Commerce Centre CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT Prepared by: DAATA INC. (`()NSUL"I'TN(; ALtT T1 1 • Planning • VI5na11Z:ItiOn Civil Engineering • Surveviitg & 4fapping 6610 WILLOW PARK DRIVE, SUITE 200 V NAPLES, FLORIDA 34109 � 1 V And � z CD ROETZEL AND ANDRESS v 850 PARK SHORE DRIVE C, TRIANON CENTRE -THIRD FLOOR n ' NAPLES, FLORIDA 34103 a� N Date Approved by BCC: November 28, 2000 Ordinance Number: 2000-79 Date Amendment Approved by BCC: 2/ 2 7/ 2 0 C Amendment Ordinance Number: 2 0 0 7 — 30 Exhibit A CADocuments and Settings\sandraherrera\Local Settings\Temporary Internet Files\OLKI MHarnmock Park CPUD 03-06-07 (clean).doc TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I Property Ownership & Description 1 SECTION II Project Development 2 SECTION III Community Commercial District 4 SECTION IV Preserve Area 11 SECTION V General Development Commitments 12 LIST OF EXHIBITS EXHIBIT "A" PUD Master Plan CADocuments and Settings\sandraherrera\Local Settings\Temporary Internet Files\OLKIMHammock Park CPUD 03-06-07 (clean).doc STATEMENT OF COMPLIANCE The development of approximately 20.23 +/- acres of property in Section 14, Township 50 South, Range 26 East, Collier County, as a Commercial Planned Unit Development to be known as Hammock Park Commerce Centre CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The retail commercial and office facilities of the Hammock Park Commerce Centre CPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located within the northeast quadrant of the CR 951/Rattlesnake Hammock Road Mixed Use Activity Center Land Use Designation as identified on the Future Land Use Map. The permitted uses are described in the Activity Center Sub -district of the Urban - Commercial District in the Future Land Use Element (FLUE). This category described in the FLUE permits a full mix of residential and non-residential land uses in this area. This strategic location allows the site superior access for the location of retail commercial and office land uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the FLUE. 3. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project shall be in compliance with all applicable County regulations including the GMP. 5. All final development orders for this project are subject to the Adequate Public Facilities requirements of the Collier County Land Development Code (LDC), as amended, as set forth in Policy 3.1 of the FLUE. 6. The project has access from both CR 951 and Rattlesnake Hammock Road. Further, the access points will be consistent with the adopted Access Management Plan for Mixed Use Activity Center #7, which encourages shared access points along CR 951, and is further described in Policy 4.4 of the FLUE. 7. Where possible, Hammock Park Commerce Centre will incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. 9. No residential uses are being requested for this CPUD. Hammock Park Commerce Centre CPUD Page 1 of 16 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Hammock Park Commerce Centre CPUD. 1.2 LEGAL DESCRIPTION A parcel of land located in the southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: O.R. 1573, Page 355 The North one-half (NI/2) of the South one-half (S1/2) of the Southwest one -quarter (SW1/4) of the Southwest one -quarter (SW1/4) less the West 100 feet of roadway for County Road 951; Section 14, Township 50 South, Range 26 East, Collier County, Florida and the West 80 foot parcel of the South one-half (S1/2) of the Southeast one - quarter (SE1/4) of the Southwest one -quarter (SW1/4); Section 14, Township 50 South, Range 26 East, Collier County, Florida. O.R. 1708, Page 1667 The South 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet thereof for road right-of-way. Containing 20.23 acres, more or less Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Sembler Family Partnership #42, Ltd. Hammock Park Commerce Centre CPUD Page 2 of 16 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within a Mixed Use Activity Center as designated on the Future Land Use Map (FLUM). B. The property is currently vacant. The entire site has Hammock Park Commerce Centre PUD Zoning. 1.5 PROJECT DESCRIPTION The Hammock Park Commerce Centre CPUD will include a mixture of land uses for retail commercial and office land uses. The Hammock Park Commerce Centre CPUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Concept Plan is illustrated graphically on Exhibit "A", CPUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Hammock Park Commerce Centre Commercial Planned Unit Development Ordinance" Hammock Park Commerce Centre CPUD Page 3 of 16 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Hammock Park Commerce Centre CPUD shall be in accordance with the contents of this Document, CPUD — Commercial Planned Unit Development District, applicable sections and parts of the LDC and GMP in effect at the time of final local development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Hammock Park Commerce Centre CPUD shall become part of the regulations that govern the manner in which the CPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this CPUD remain in full force and effect. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", CPUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of the LDC, as amended, or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private and semi-public) shall be established and/or vacated within or along the properly, as may be necessary. Hammock Park Commerce Centre CPUD Page 4 of 16 2.4 LAND USE A. Exhibit "A", CPUD Master Plan, constitutes the required CPUD Development Plan. Except as otherwise provided within this CPUD Document, any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. B. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the LDC, as amended, 15% of the native vegetation on site shall be retained. The exact boundaries of the preserve may vary in order to accommodate final alignment of Rattlesnake Hammock Extension but a minimum of 1.63 acres of native preserve shall be provided for in accordance with the LDC. 2.6 SIGNS Signs shall be in accordance with the LDC, as amended. Hammock Park Commerce Centre CPUD Page 5 of 16 SECTION III COMMUNITY COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Hammock Park Commerce Centre CPUD designated on Exhibit "A", CPUD Master Plan as C, "Commercial". 3.2 GENERAL DESCRIPTION A. There is one area designated as C, "Commercial" on the Master Plan. This "Commercial" area is intended to accommodate different ranges of retail and office uses, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" parcel is as follows: Parcel: Acreage: Use: Tract 1 19.05± Retail and Office Right-of-way outside of development area 1.18t Right-of-way Total 20.23± Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the LDC, as amended. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Within the Hammock Park Commerce Centre CPUD, up to a maximum of one hundred sixty thousand (160,000) square feet of retail and office uses are allowed. Land uses for the development may be permitted as generally outlined below. 3.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures Amusement and recreation services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) Hammock Park Commerce Centre CPUD Page 6 of 16 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Auto and home supply stores (Group 5531) 5. Building construction - general contractors (groups 1521-1542). 6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 8. Communications (Groups 4832, 4833) 9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions (Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 14. Funeral service and crematories (Group 7261) 15. Gasoline service stations (5541 subject to the provisions of the LDC) 16. General merchandise stores (Groups 5311, 5331, 5399) 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) Hammock Park Commerce Centre CPUD Page 7 of 16 22. Insurance agents, brokers and service (Group 6411) 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right-of- way line of C.R. 951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Non -depository credit institutions (Groups 6141, 6159, 6162, 6163) 29. Offices (All Groups) 30. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 31. Restaurants (All Groups) 32. Real estate (Groups 6531, 6541, 6552) 33. Social services (Group 8351) 34. United States Postal Service (Group 4311) 35. Veterinarian's office (Group 0742, except no outside kenneling) 36. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. 3.5 DEVELOPMENT STANDARDS Hammock Park Commerce Centre CPUD Page 8 of 16 A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be in accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. I. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. Hammock Park Commerce Centre CP1JD Page 9 of 16 J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use, and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. Hammock Park Commerce Centre CPUD Page 10 of 16 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve Area on Exhibit "A", CPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or Iand used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Permitted Principal Uses: 1) Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by the appropriate permitting agencies. Hammock Park Commerce Centre CPUD Page 11 of 16 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 5.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this CPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC, as amended, shall apply to this project even if the land within the CPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor and assigns, shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assigns of the developer are bound by the commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all sewer utilities and all common areas in the project. 5.4 WATER MANAGEMENT A. Excavation permits shall be required for the proposed lakes in accordance with the LDC, as amended. Excavated material from the property is intended to be used within the project site. Hammock Park Commerce Centre CPUD Page 12 of 16 B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services staff 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. The proposed stormwater management system for the project will outfall to the existing drainage canal running along the site's western boundary line. 5.5 TRANSPORTATION A. The developer shall provide a fair share payment toward the capital improvements at the intersection of CR 951 and Rattlesnake Hammock Road. This shall occur within 90 days of request for said payment by Collier County. B. The developer shall provide any required arterial level street lighting at the project entrances prior to the issuance of a certificate of occupancy (CO). C. The project entry from CR 951 shall be located at the northwest corner of the property and designed to provide shared access with the parcel to the north. All necessary dedications and easements shall be provided with the application for first development order. D. Following zoning approval, interconnections as shown on the Master Plan shall be designed and accommodated on the appropriate development order phase that may occur, or as directed by the Transportation Division. E. Site -related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or within 60 days of when requested by Collier County. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. Hammock Park Commerce Centre CPUD Page 13 of 16 G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. H. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. I. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended. Payment shall be required within 60 days of written request of Collier County, or prior to site development plan or plat approval, whichever is first. J. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location shall be determined during site development plan review. K. The developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County. The dedications shall be provided no later than the earlier of (1) first issuance of the first certificate of occupancy with respect to this Development, or (2) within 365 days of a written request from Collier County. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, excluding those applicable to subsurface mineral rights and/or natural gas deposits, existing FP&L and County easements, and any other existing easements for utilities and drainage. The County agrees to condemn the easements described in Items 7 and 11 on Exhibit A, CPUD Master Plan, if necessary, to obtain termination of such easements. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. Hammock Park Commerce Centre CPUD Page 14 of 16 L. The developer shall construct, at its sole expense, the canal crossing suitable for expansion and consistent with a four -lane design for the north half of the Rattlesnake Hammock future extension approach to CR 951. The canal crossing shall include all appropriate turn lanes. M. Should the developer permit a driveway on the Rattlesnake Hammock Road extension less than 600 feet from the intersection of Collier Boulevard, the County, at its sole discretion, may reduce the access point to a "right in" only if the County determines that the access point has an impact on health, safety, and welfare or traffic circulation. This reduction, if required, shall be at the developer's expense with no claim for damages to the County. 5.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County Ordinance and other applicable County rules and regulations. 5.7 ENGINEERING A. Except as otherwise provided within this CPUD Document, this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. B. The subdivision of property into three (3) or more parcels, shall conform with applicable laws pertaining to platting. 5.8 BUFFERS The Hammock Park Commerce Centre CPUD shall provide perimeter buffering consistent with the following table: Direction Adjacent Use Buffer Type North: Vacant Agriculturally zoned land "A" South: Rattlesnake Hammock/Sports Park Rd. "D" East: Vacant Agriculturally Zoned Land "A" West: CR 951 and canal 4D" 5.9 ENVIRONMENTAL A. The developer shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those Hammock Park Commerce Centre CPUD Page 15 of 16 protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. B. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. C. The project shall comply with the environmental sections of the LDC and the Growth Management Plan in effect at the time of final development order approval. D. An Environmental Impact Statement (EIS) addressing existing conditions and anticipated environmental impact(s) has been submitted as part of this CPUD Document. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council shall be removed from within the preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. F. A Preserve Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. Hammock Park Commerce Centre CPUD Page 16 of 16 E ]FLOW, i �4 51 I �" Z i m ' L 4 1 m � N U ; Fl1M 3A'/.i/N U � � CVl W F ww.�e MY.i p I. W L, W 1 n STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-30 Which was adopted by the Board of County Commissioners on the 27th day of February, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of March, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board- f County Commissioners By: Martha Ve`rgaXa, , ,,, Deputy Clerk HENGINEERING HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 AFFIDAVIT OF COMPLIANCE - NEIGHBORHOOD INFORMATION MEETING AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance ignature of Appli State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this day of 201 q by lei o dsac,� '� (�ji,/� , who i, ersonal I nown to m r who has produced as identification. (Si Lure of Notary Public) -FjfSSi Ca- ►Z- - U /� 1') Printed Name of Notary G:\NIM Procedures/Affidavit Of Compliance - NIM Oct2010.Doc J E S S I C A K L I N N r� :State of Florida -Notary Public + C nission # GIG 170813 %?'�i��Y y ommission Expires April 16, 2022 11111.0 1 ; I I IAIENGINEERING PLANNING I CIVIL ENGINEERING i LANDSCAPE ARCHITECTURE May 16, 2019 RE: Vanderbilt Commons PUDA-PL20180003366 GMPA-PL20180003372 Dear Property Owner: BONITA SPRINGS Tampa Orlando Sarasota 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 p. (239) 405-7777 f. (239) 405-7899 Please be advised that Waldrop Engineering, P.A. on behalf of Vanderbilt Way Apartments, LLC has filed two (2) concurrent applications to Collier County. These applications seek approval of- (1) a PUD amendment for the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD) to remove the requirement to provide commercial uses on the first floor of the mixed -use building on Lots 5 and 6, and add one (1) deviation relating to building perimeter plantings; AND (2) a Growth Management Plan amendment (GMPA) to allow residential uses on the first floor of buildings on Lots 5 and 6. The GMPA does not request to increase density or intensity and no changes made affect any other portion of the MPUD. The subject property totals 14.49+/- acres and is generally located immediately north of Vanderbilt Beach Road, approximately'/4 of a mile west of Collier Boulevard in unincorporated Collier County, Florida. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this application and ask questions. The Neighborhood Information Meeting will be held on Monday, June Yd, 2019 at 5:30 p.m. at the Greater Naples Fire Rescue Headquarters, 14575 Collier Blvd., Naples, FL 34119. Should you have questions prior to the meeting, please contact me directly at (239) 405-7777 ext. 2232, or lindsay.robing,waldropen ing eering com. Sincerely, WALDROP ENGINEERING, P.A. Y-PMJ1D�_ Lindsay F. Robin, MPA Project Planner *Please note that Greater Naples Fire Rescue does not sponsor or endorse this program. 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Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline WALDROP ENGINEERING, P.A. Pub Dates May 17, 2019 (Signlature of affiant) Sworn to and subscribed before me This May 17, 2019 2281189 Neighborhood Meeting KAROL E KANGAS n , Notary Public - State of Florida Commission k GG 126041 +sq� ''•°�„`,�••"` My Comm.Explreslul29,2021 Bandedthmugh NallomlNotaryAw% P.O.# (Signature of affiant) 14A 1 FRIDAY, MAY 17, 2019 1 NAPLES DAILY NEWS Homicide victim moved to Fla. shortly before his death Jake Allen Naples Daily News USA TODAY NETWORK - FLORIDA When Sergio Hostins moved from Maine to Saraso- ta in April of 2018, he planned to visit his aunt often. They talked on the phone every other day, and Hos- tins told Teresa Clam, 66, of West Palm Beach, he was looking forward to only being a few hours in the car away. However, Hostins, 55, was killed by a man he was having a relationship with — about six months after he moved to Florida. "Sergio was very friendly," Giani said. "He liked to help friends and he helped his family a lot in Brazil. He worked here and all he thought about was his family back in Brazil." Hostins moved to the U.S. as a child and worked at an Italian restaurant in Maine for 22 years. Then he accepted a job near Sarasota that was opening under the same ownership. "He used to do everything," Giani said. "He would do plumbing, he was a good painter, he was a good waiter, he was a good electrician. He did it all at the restaurant:' Hostins often sent money to his mother and other family he left behind in Brazil, Giani said. "He was such a good person," she said. "He was a very happy person, Sergio. He was al- ways making jokes' On Tuesday, a jury found Daniel Da- venport, 31, of Sarasota, guilty of sec- ond-degree murder. Davenport killed Hostins in October 2018, stole his car and credit cards then Davenport dumped his carpet -wrapped body at a home in Naples Park, prosecutors said during the trial. The jury also found Davenport guilty of grand theft of a motor vehicle, 10 counts of fraudulent use of per- sonal identification information and unlawful posses- sion of four or fewer identities. Davenport was arrested in Orlando after eluding authorities for more than a week. He and Hostins met on a social media app for gay men, called Grindr, in September 2018 and developed a relationship. The last time Giani talked with her nephew it seemed like he knew he was in danger, she said. A few days before Hostins' body was discovered at Sergio Hostins, is pictured inside the Italian restaurant he worked at near Sarasota. Hostins was killed about six months after he moved down to Florida from Maine. COURTESY OF TERESA GIANI the home in the 700 block of 102nd Avenue North, he called Giani and asked for her address. Hostins told Giant he needed it so authorities would know to contact her in case something bad happened to him. Hostins was at the Department of Motor Vehicles and didn't have time to explain what was going on. He told her he would tail her back later, Giant said. "I gave the address to him, and those were the last words I heard from him," Glen! said. Hostins told a different family member he was fighting with his boyfriend, who kept asking him for money, Giani said. "What happened to Sergio with this guy, it was just for money," Giani said. "He just wanted more and more money and then Sergio told him to get out because he needed money to pay his own bills:' It was hard for Gianito sit inthe Sarasota courtroom for more than a week so close to her nephew's killer, she said. "There was a lot, a lot of evidence," Giani said. "They had so much evidence to prove he was guilty." Twelfth Judicial Circuit Court Judge Stephen Walk- er deferred Davenport's sentencing, pending a pre - sentence investigation. Everyone, from Hostins' family to his boss loved him, Giani said. 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Breakthrough report reveals how to treat your knee pain NATURALLY, without t` painkillers Or surgery S'r -•� S4 f�,llfor y,mr ML .drruhlGlrfitr it fiNliletl htne 4410 Summer Rate $38 des Green Fee antl Gan Quail Run Golf Club 1 Forest Lakes Blvd Naples, FL 34105 239-261-3930 Rupk . . ,. .rr, . ------------------ 1 DINNER PLUS 1 GLASS OF WINE $14.99 ` $4 COCKTAILS ; BA R $6 APPETIZERS I 3PM-8PM SEAFOOD -STEAKS -PASTA NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by Waldrop Engineering, P.A. on behalf of Vanderbilt Way Apartments, LLC at the following time and location: Monday, June 3, 2019, at 5:30 p.m. Greater Naples Fire Rescue District Headquarters 14575 Collier Blvd, Naples, FL 34119 Please be advised that Vanderbilt Way Apartments, LLC has filed two (2) concurrent applications (PI20180003366 R PL20180003372) with Collier County. These applications are seeking approval of: (1) a PUD amendment forthe Vanderbilt Commons Mixed Use Planned Unit Development (MPUD) to remove the requirement to provide commercial uses on the first floor of the mixed -use building on Lots 5 and 6, and add one (1) deviation relating to building perimeter plantings; AND (2) a Growth Management Plan amendment (GMPA) to allow residential uses on the first floor of buildings on Lots 5 and 6. The GMPA does not request to increase density or intensity and no changes made affect any other portion of the MPUD. The existing MPUD consists of 14.49+/- acres and is generally located immediately north of Vanderbilt Beach Road, approximately 1A of a mile west of Collier Boulevard in unincorporated Collier County, Florida. E eeuewe r® 3 mo®,aeuo,m I navM I`ROJrR Locano WE VALUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: Waldrop Engineering, P.A. c/o Lindsay Robin 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 (239) 405-7777, ext. 2232 OR lindsay.robin@waldropengineering.com 'Please note that Greater Naples Fire Rescue District does not sponsor or endorse this program. HAMMOCK PARK CPUD PUDA CCPC PACKAGE PL20180002813 NEIGHBORHOOD INFORMATION MEETING SYNOPSIS IAIENGINEERING PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE Memorandum To: Nancy Gundlach, PLA, AICP & Sue Faulkner From: Lindsay Robin cc: David Torres, Wilton Land Company, LLC BONITA SPRINGS Tampa Orlando Sarasota 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 P. (239) 405-7777 f. (239) 405-7899 Richard Yovanovich, Esq., Coleman, Yovanovich & Koester Date: June 27, 2019 Subject: Hammock Park PUDA & GMPA (PL20180002904 & PL20180002813) Neighborhood Information Meeting Synopsis Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, June 19, 2019. The meeting was held at 5:30 p.m. at the South Regional Library at 8065 Lely Cultural Pkwy., Naples, Florida 34113. The sign -in sheet is attached as Exhibit "A" and demonstrates 11 residents were in attendance. Handouts were distributed providing the project overview and development regulations. The handouts are attached as Exhibit "B". Alexis Crespo (Agent) conducted the meeting with introductions of the consultant team and Staff, and an overview of the proposed GMPA and PUD amendment applications, including the location of the 19-acre subject property and the request to add a maximum of 265 multi -family (apartment) dwelling units, with a maximum of 148,500 square feet of commercial as an option for development. She also outlined the amendment processes and opportunities to provide input at public hearings. David Torres, the Applicant, also spoke about the project and provided input on details relating to the surrounding residential developments in proximity to the subject area, and the market demand to create a mixed -use project on this intersection. Following the Consultant's presentation, the meeting was opened up to the attendees to make comments and ask the consultant team questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. The Applicant's representatives' responses are shown in bold. 1 of 3 Question/Comment 1: You've only reduced the commercial by a few thousand square feet. How does that equate to 265 multi -family units? Response: The reduction of commercial does equate to the same number of trips as 265 multi -family units. Commercial uses produce significantly more trips than residential uses. [the project traffic engineer provided further explanation on the traffic study]. It was also pointed out that in reality, you will not be able to fit all of the residential and commercial on the property. Question/Comment 2: Will the residential element of this development be similar to residential developments the owner has constructed previously? Response: It will use similar building designs, but with updated exteriors and facades. Question/Comment 3: What type of consumer and income groups are you trying to attract? Will this be apartments or condominiums? Response: There were some zoning commitments relating to "Essential Service Provider" Housing that were attached to our previous residential developments on Lord's Way that will not be committed to in this project. Question/Comment 4: So, you're thinking apartments versus condominiums? Response: Apartments. Even though the code defines multi -family as multi- family regardless of the use. Question/Comment 5: Is there enough demand for commercial uses such as restaurants? Response: There's currently not enough demand in the area yet. Adding apartments will create more demand. Question/Comment 6: Commissioner Fiala commented on the commercial branding that real estate agents are using to brand their developments in this area of Collier County as "South Naples". She noted the residents are proud of the East Naples area and would like to keep that naming intact. Response: We recognize the conditions out here. A lot of it goes back to large companies signing leases, and they are looking at the numbers. Being on the east side can hurt us because we are on the fringe. 2of3 Question/Comment 7: What is the business "success" factor that would entice national restaurant brands to come to the area? Is the success rate of certain restaurants factored in? ➢ Response: Absolutely, and it speaks well all the success on US 41, particularly the national chains like Outback and Carrabas. Sue Faulkner asked the Applicant to clarify if the dwelling units proposed are rental or "for sale" multi -family units. Alexis clarified that the zoning limits the multi -family units to rental apartments. There were no further questions or comments. Ms. Crespo thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. The meeting concluded at approximately 6:30 p.m. The meeting was recorded per the CD attached as Exhibit "C". 3 of 3 W V _Z W w 5 0 O O O m rr V W Z Y M Z O N a deo c u E u C O O O .c 2 a L c :. c o.o O L a+ a� o o` w E a c c 0 r = a) a > c L c O o r f0 a 3 O IA L �EY3 L C ' U.3 c cu c a 0 r c 0o c c c �C L O u W ' L C o0 n =; CL a d E 0 w aW c a f0 E JL-- a u ` `! L a a r > O a bo � � r :E0S. r CL" Q a a 3 u �2a O u T o u tA L 3 t0 u O c O o n O u 7 o u `J O. >• a0-. u m c � O a a of f0 L r IA IA w c O " of = u O O a C � a at•. O f0 L t E c w L � a c a a ` L t H u N N L a W V Q F- V t V , l� H�1 1t 3 Q 9),j (ACL LA IF z �j 2 -�L Z 1 EXHIBIT "B" I , ' , BONITA SPRINGS Tampa Orlando Sarasota AIENGINEERING 26100 Bonita Grande Dr, Suite 305, Bonita Springs, FL 34135 PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE P. (239) 405-7777 F. (239) 405-7899 Hammock Park MPUD - PL20180002813 & PL20180002804 Neighborhood Information Meeting Wednesday, June 19, 2019 5:30 p.m. PROJECT INFORMATION SHEET Project Size: 19+/- Acres Future Land Use: Urban Residential Fringe Subdistrict, Mixed Use Activity Center Current Zoning: Commercial Planned Unit Development (CPUD) Proposed Zoning: Mixed -Use Planned Unit Development (MPUD) Approved Density/Intensity/Uses: 160,000 sq. ft. commercial uses Proposed Density/Intensity/Uses: 265 multi -family dwelling units and up to 148,500 sq. ft. of commercial uses Project Requests: (PL20180002804) a Growth Management Plan Amendment (GMPA) for a site -specific text amendment to the Future Land Use Element, Mixed Use Activity Center #7, to allow up to 265 multi -family dwelling units within the Hammock Park project, along with the permitted commercial uses - (PL20180002813) PUD Amendment to the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD) to add a maximum of 265 multi- family dwelling units as a permitted use; reduce the maximum intensity of non- residential uses from 160,000 sq. ft. to 148,500 sq. ft.; and to change the name of the CPUD from Hammock Park Commerce Centre CPUD to Hammock Park Mixed Use Planned Unit Development (MPUD). IAIENGINEERING PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE BONITA SPRINGS Tampa Orlando Sarasota Hammock Park MPUD PERMITTED USES AND STRUCTURES 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 p. (239) 405-7777 f. (239) 405-7899 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. Permitted Principal Uses and Structures 1. Amusement and recreation services, Indoor only (Groups 7911- 7941, 7991, 7993, 7997, 7999) 2. Apparel and accessory stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 3. Automotive repair, services and parking (Groups 7514, 7542) All uses are prohibited within 500 feet from the easterly right-of-way line of C.R. 951. 4. Auto and home supply stores (Group 5531) 5. Building construction - general contractors (groups 1521-1542). 6. Building materials, hardware, garden supply (Groups 5231, 5251, 5261) 7. Business services (Groups 7311, 7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) 8. Communications (Groups 4832, 4833) 9. Construction - special trade contractors (Groups 1711-1793, 1796, 1799) 10. Depository institutions (Groups 6011-6099) 11. Eating and drinking places (Groups 5812, 5813 except contract feeding, food service and industrial feeding) 12. Engineering, accounting and management (Groups 8711-8721, 8741, 8742, 8748) 13. Food stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 14. Funeral service and crematories (Group 7261) 15. Gasoline service stations (5541 subject to the provisions of the LDC) 16. General merchandise stores (Groups 5311, 5331, 5399) 17. Hardware stores (5251) 18. Health services (Groups 8011-8059) 19. Home furniture, furnishings, and equipment stores (Groups 5712, 5713, 5714, 5719,5722,5731,5734,5735,5736) 20. Hospitals (Group 8062) 21. Hotels and motels (Group 7011) 22. Insurance agents, brokers and service (Group 6411) 23. Membership organizations (Groups 8641, 8661) 24. Miscellaneous repair services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approval of County Manager, or his designee, who shall be guided by the objective of allowing uses that are compatible with existing development.) All uses are prohibited within 500 feet of the easterly right -of- way line of C.R. 951. 25. Miscellaneous retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 26. Motion pictures (Groups 7832-7833) 27. Museum, art galleries (Group 8412) 28. Multi-familv rental dwellina units. 296. Non -depository credit institutions (Groups 6141, 6159, 6162, 6163) 2-930. Offices (All Groups) 310. Personal services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 324. Restaurants (AllGroups) 323. Real estate (Groups 6531, 6541, 6552) 3-34.Social services (Group 8351) 345.United States Postal Service (Group 4311) 356. Veterinarian's office (Group 0742, except no outside kenneling) 367. Any other use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses may be permitted subject to the procedures set forth in the LDC, as amended. DEVELOPMENT STANDARDS (COMMERCIAL) A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than ten (10) feet. 3. Rear yard: Twenty (20) feet. 4. Preserve: Twenty-five (25) feet D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum floor area of principal structure: Seven hundred (700) square feet per building on the ground floor. F. Landscaping and off-street parking shall be in accordance with the LDC, as amended. G. Maximum height: Fifty (50) feet. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and similar use of materials and colors on all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual landscape plan for the entire site shall be submitted concurrent with the first application for site development plan approval. J. Outside storage or display of merchandise is prohibited unless it is ancillary to a permitted use and screened from view from adjacent public roadways. Outside storage may be approved by the County Manager, or his designee, as part of the approval of an SDP. K. The FP&L easement may be used for ancillary uses such as parking, storage, service drives, and water management, provided written authorization for those uses is obtained from FP&L and submitted with the application for SDP. L. The two accessory tower structures described in Deviation 3 shall have a minimum PUD perimeter setback of ten (10) feet, and a maximum actual height of thirty (30) feet for the southern tower and maximum actual height of fifteen (15) feet for the northern most tower.? DEVELOPMENT STANDARDS (RESIDENTIAL) PRINCIPAL STRUCTURES MULTI -FAMILY Min. Lot Area 1 acre Min. Lot Width N/A Min. Lot Depth N/A Front Yard 10 feet Side Yard 5 feet Min. Lake Maintenance Easement Tract Setback 0 feet Min. Setback from FPL Easement 0 feet Min. PUD Boundary Setback, excluding boundary 25 feet abutting FPL Easement Min. Distance Between Buildings 20 feet Rear Yard 10 feet Preserve 25 feet MAXIMUM HEIGHT Actual Zoned 60 feet 50 feet ACCESSORY STRUCTURES Front Yard SPS Side Yard SPS Rear Yard 5 feet Preserve 10 feet MAXIMUM HEIGHT Actual Zoned SPS SPS Footnotes: (1) Front setback is measured from the edge of pavement or back of curb except for public roads. (2) Approved in HEX decision 2016-42. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines. or between structures. Condominium. and/or homeowners' association boundaries shall not be utilized for determining development standards VANI HAMMOCK PARK CPUD PUDA SIGN POST AFFIDAVIT & PHOTOS CCPC PACKAGE PL20180002813 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED PftCX1 C' V ' CA-1yo WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20180002804 & PL20180002813 28100 BONITA GRANDE DR. #305 SIGNATURE OF APPLIC T OR AGENT STREET OR P.O. BOX ALEXIS V. CRESPO NAME (TYPED OR PRINTED) BONITA SPRINGS, FL, 34135 CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this I[ Vl^ day of Vlrto�--C4n , 20Z::� by R WX:1 S V • Cres, personally known._td me or who produced as identification and who did/did not take an oath. Oignature of Notary Public iCC�, �_- Linn Printed Name of Notary Public My Commission Expires: (Stamp with serial number) JESSICA K LINN ��y1Y A4B�i Rev.3/4l2015 �� State of Florida -Notary Public _• •c Commission # G+G 170813 %�+��;.�' My Commission Expires April 16, 2 222 vrR r2'PUBLIC HEARING NOTICE` HAMMOCK PARK GROWTH MANAGEMENT PLAN AMENDMENT Petition No- GIYIPA PL20180002804/CP-2018-08 HAMMOCK PARK MPUD REZONE PLANNED UNIT DEVELOPMENT AMENDMENT Petition No. 20180002813 CCPC: April 16, 2020 - 9.00 a.m. BCC: May 26, 2020 - 9:00 a.m. Collier County Government Center 3299 East Tamiami Trail, Naples, FL 34112 Nancy Gundlach, AICP, PLA: 239-252-24B4 Sue Faulkner::239-252-5713 PUBLIC HEARING N®Tffi HAMMOCK PARK GROWTH MANAGEMENT PLAN AMENDMENT Petition No. GNIPA-PL20180002804/CP-2018-OB HAMMOCK PARK MPUD REZONE PLANNED UNIT DEVELOPMENT AMENDMENT Petition No. 20180002813 CCPC: April 16, 2020 - 9:00 a_m BCC: May 26, 2020 - 9.00 a-m. Collier County Government Center 3299 East Tamiami Trail. Naples, FL 34112 Nancy Gundlach, AICP, PLA: 239-252-2484 Sue Faulkner:4.239-252-5115 PU HAMMOCK PARK GROWTH MANAGEMENT PLAN AMENDMENT Petition No. GMPA-PL20180002804/CP-2018-08 wae, a HAMMOCK PARK MPUD REZONE PLANNED UNIT DEVELOPMENT AMENDMENT Petition No. 20180002813 CCPC: AUGUST 6, 2020 - 9:00 a.m. BCC: OCTOBER 13, 2020 - 9.00 a.m. Collier County Government Center 3299 East Tamiami Trail, Naples, EL 34112 Nancy Gundlach, AICP, PLA: 239-252-2484 Sue Faulkner-.239-252-5715