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CCPC Agenda 01/21/2021
COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 21, 2021 9: 00 AM Edwin Fryer- Chairman Karen Homiak - Vice -Chair Karl Fry- Secretary Christopher Vernon Paul Shea, Environmental Joseph Schmitt, Environmental Robert Klucik, Jr. Thomas Eastman, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC 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 to be based. Collier County Planning Commission Page I Printed 111412021 January 2021 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. December 17, 2020 CCPC Meeting Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised 1. *** Note: This item has been continued from the December 17, 2020 CCPC Meeting to the January 21, 2021 CCPC Meeting, and further continued to the February 4, 2021 CCPC Meeting *** PL20190002416: A Resolution of the Collier County Board of County Commissioners amending the Town of Ave Maria Stewardship Receiving Area (SRA) to revise the SRA town plan and master plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and specifically to: increase the civic uses from 148,500 to 350,000 square feet to accommodate a hospital use to add 40,400 square feet of mini -warehouse in Town Center 3; redesignate 5f acres of services district to Town Center 3; to add Appendix G, deviations to provide for a signage deviation for an off -premises sign outside of the SRA boundary and a maximum lot size deviation for multi -family development; and add a vehicular trip cap based on existing permitted uses. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Coordinator: James Sabo, Principal Planner] Collier County Planning Commission Page 2 Printed 111412021 January 2021 2. PL20190001387 Meridian Landing GMPA - An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element to amend the Bayshore/Gateway Triangle Redevelopment Overlay to allow up to 127 multi -family residential dwelling units in the Camden Landing Residential Planned Unit 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 Bayshore Drive and Thomasson Road, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 9.93f acres. [Companion Item PL201900013641 [Coordinator: Sue Faulkner, Principal Planner] 3. PL20190001364 PUDA- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) to allow a maximum number of 127 residential dwelling units; by changing the name of the RPUD to Camden Landing RPUD; by adding an amenity area; by revising the master plan; by deleting Exhibit B, the water management/utility plan; by deleting Exhibit C, the location map; by removing statement of compliance and revising project development requirements; by adding a parking deviation for recreational amenities and a deviation to reduce the open space requirement; and by deleting and terminating the affordable housing density bonus agreement. The subject property is located within the residential subdistrict 2 of the Bayshore Mixed -Use Overlay zoning district and is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.93+/- acres; and by providing an effective date. [Companion Item P1,20190001387] [Coordinator James Sabo, Principal Planner] B. Noticed 10. New Business A. Legislative and Quasi -Judicial Actions B. Sunshine Law 11. Old Business 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 111412021 5.A 01 /21 /2021 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Item Summary: December 17, 2020 CCPC Meeting Minutes Meeting Date: 01/21/2021 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 01/06/2021 2:04 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 01/06/2021 2:04 PM Approved By: Review: Planning Commission Diane Lynch Review item Growth Management Operations & Regulatory Management Donna Guitard Zoning Ray Bellows Review Item Zoning Anita Jenkins Additional Reviewer Planning Commission Edwin Fryer Meeting Pending Completed 01/06/2021 2:04 PM Review Item Completed Completed 01/08/2021 2:15 PM Completed 01/08/2021 6:02 PM 01 /21 /2021 9:00 AM Packet Pg. 4 5.A.a TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December 17, 2020 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Karen Homiak, Vice Chair Karl Fry Joe Schmitt Paul Shea Robert L. Klucik, Jr. Christopher T. Vernon Tom Eastman, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Anita Jenkins, Planning Director Jeffrey Klatzkow, County Attorney Heidi Ashton-Cicko, Managing Assistant County Attorney Packet Pg. 5 5.A.a PROCEEDINGS CHAIRMAN FRYER: Ladies and gentlemen, good morning, and welcome to the December 17th, 2020, meeting of the Collier County Planning Commission. Will everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Will the secretary please call the roll. COMMISSIONER FRY: Thank you, Mr. Chairman. Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER FRY: Mr. Shea? COMMISSIONER SHEA: Here. COMMISSIONER FRY: I'm here. Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER FRY: Vice Chair Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER FRY: Mr. Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER FRY: Mr. Vernon? COMMISSIONER VERNON: Here. COMMISSIONER FRY: Mr. Klucik? (No response.) COMMISSIONER FRY: Mr. Chairman, we have a quorum of six. CHAIRMAN FRYER: Thank you, Mr. Secretary. COMMISSIONER SCHMITT: Was he going to join us by remote? CHAIRMAN FRYER: I have not heard, so we'll just --we'll have to see. But we have a quorum, so we'll continue. There are addenda to the agenda, as we all know, and my compliments to staff for keeping us on the Planning Commission apprised as soon as you know that there is to be a proposed continuance so that we can be prepared. So thank you, staff, for that. I know Commissioner Schmitt had wanted that, and we all do, really, so -- COMMISSIONER SCHMITT: Thank you. CHAIRMAN FRYER: -- that's a good thing. All right. Two continuances. The first is Heritage Bay PUDA. It's PL2020000191. It's proposed to be continued to January 7 of 2021. And the second is the Town of Ave Maria SRAA, which is PL20190002416. That's proposed to be continued to January 21, 2021. Assuming there is -- yes, Commissioner Schmitt. COMMISSIONER SCHMITT: I heard that the Heritage Bay was continued because their transportation consultant wasn't available for the meeting. But what was the reason -- what happened to Ave Maria? It didn't seem to be that complicated of an issue, and I'm just curious as to what happened. Was it the applicant -- MR. SABO: Good morning. James Sabo, Principal Planner for the county. The applicant had requested an opportunity to return to the neighborhood, the homeowners association, and have an additional meeting to allow residents' input and ask additional questions about the changes to Ave Maria and their amendment. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Any other questions or comments? COMMISSIONER SCHMITT: No. CHAIRMAN FRYER: If not, I would appreciate a motion to -- COMMISSIONER SCHMITT: Thank you. Make a motion to approve the amendment to the agenda as stated. Packet Pg. 6 5.A.a CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER FRY: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. So Heritage Bay will be continued to January 7, Town of Ave Maria to January 21, both of 2021. Let's see. BCC report, recaps. Mr. Bellows. Before you start, Mr. Bellows, I skipped an agenda item. We have two sets of minutes for action this morning. Those are our meetings of November 19 and December 3rd, 2020. Are there any corrections, changes, or additions to either of those minutes? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion that they both be approved as submitted. COMMISSIONER SCHMITT: Motion to approve as submitted. COMMISSIONER HOMIAK: Second. CHAIRMAN FRYER: Is there any further discussion? (No response.) CHAIRMAN SAUNDERS: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: They are approved unanimously. Mr. Bellows. MR. BELLOWS: Good morning. For the record, Ray Bellows. On December 8th, the Board of County Commissioners heard the PUD for the Naples Senior Center. That was approved during their public hearing by a vote of 4-1 with Commissioner McDaniel dissenting. Be happy to answer questions. Other than that, that's all I have. CHAIRMAN FRYER: I might also mention that it was discussed and decided at the Board of County Commissioners' meeting that One Naples will be heard on March 1 and potentially on March 2 as well. They talked about a venue for that, anticipating a large number of people, and it was voted that the venue will be right here. MR. BELLOWS: Yes. CHAIRMAN FRYER: Anything else? Any other questions or comments? (No response.) CHAIRMAN FRYER: Okay. Thank you. ***All right. The first advertised public hearing is the Safety Service Facility, Golden Packet Pg. 7 5.A.a Gate and DeSoto Boulevard CU. It's PL20190002680. And all those wishing to testify in this matter, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Ex parte disclosures from the Planning Commission, starting with Mr. Eastman, please. MR. EASTMAN: None. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Staff materials only. COMMISSIONER FRY: Ditto. CHAIRMAN FRYER: Staff materials, communications with staff, and a very brief communication this morning with Mr. Arnold. COMMISSIONER HOMIAK: Nothing from me. COMMISSIONER SCHMITT: And nothing from me other than staff information. COMMISSIONER VERNON: And no disclosures. CHAIRMAN FRYER: Okay. Thank you. Mr. Arnold, please proceed, sir. MR. ARNOLD: Thank you. For the record, I'm Wayne Arnold with Q. Grady Minor & Associates, certified planner, and I'm here representing Collier County EMS for a new Safety Service Facility that would be a joint facility for fire and EMS. With me today is Jim Banks, our traffic engineer; Mike Delate from our office, who's a professional engineer; Marco Espinar, the ecologist who's working on this; and I'm not sure if our project manager from the county is here, but Tony Barone is the project manager for Collier County from Facilities Management. I have a presentation, and I'm having trouble advancing the screen. MR. BELLOWS: Click the mouse. MR. ARNOLD: There we go. All right. So this property is zoned Estates. It's about -- CHAIRMAN FRYER: Excuse me. For some reason I'm not seeing -- COMMISSIONER SHEA: Every other one has got it up here. CHAIRMAN FRYER: Yeah. On my -- on my county -- (Simultaneous crosstalk.) CHAIRMAN FRYER: Yeah. Well, I can do that. COMMISSIONER HOMIAK: Mine's the same. CHAIRMAN FRYER: Sorry to interrupt. MR. ARNOLD: No, no problem at all. CHAIRMAN FRYER: But if we could get those so that those of us up here can see it on our main county computer screen. Sorry. Please continue. MR. ARNOLD: So the property is about five -and -a -half acres. It's located at the southwest corner of Golden Gate Boulevard and DeSoto, and the property's zoned Estates. It's in a Special Treatment Area because of the wellfield zones out there. That doesn't prohibit the MS station or the septic tank that will be necessary to service the facility. The subject property is heavily wooded. It's -- a lot of exotics on it. It also has some native vegetation that we'll be retaining as part of our project. The conceptual site plan that we've come up with that's part of this conditional use identifies, really, a rectangular building. The county has not designed this facility yet, so the envelope that we've shown is probably larger than the actual building that will be placed there but, nonetheless, we have access on DeSoto and Golden Gate. We've wrapped the preserve on our western boundary to act as an additional buffer to the resident that is located to the west. We've moved the building as close to DeSoto as we can to keep it farther away from that resident, and we've placed some parking, and then, obviously, there will be bay doors that are accessible from both front and rear of that building. We show a water management area and preserve to the south. And there's going to be Packet Pg. 8 5.A.a future right-of-way needs there, so we've reflected that future. It won't be a take from the county itself, but there will be additional right-of-way utilized for improvements at DeSoto and Golden Gate. This is an aerial photo that shows you the overlay and how we're retaining some of the native vegetation that we can as our buffer to the west. (Commissioner Klucik entered the boardroom.) MR. ARNOLD: We held our neighborhood information meeting, and we had a few participants, and I would say all were supportive. I think that this is going to be a needed facility to make sure the level of service remains adequate for this part of Golden Gate Estates and Eastern Collier County. So this will come online sometime late in 2021, is the anticipated date to bring this on board. And, again, as I mentioned, it's a shared facility with the Sheriff and EMS. And while it's not a sheriffs substation, the Sheriffs Office would likely utilize this to do paperwork, et cetera, so they would have some office space in this part of Collier County. This is a copy from the 2019 AUIR that indicates this is one of the facilities that's necessary to maintain the LOS. I thought I'd put this in just so you understand it is a necessary improvement. One of the conditions that you have in there -- we talked about this at the meeting that -- examples of what it would look like, more of a residential scale building. These are some examples of stations that are -- one is Hacienda Lakes. The other two are located -- one at Logan was one of the last ones that I personally worked on, and you can see the scale of those. And the county's probably moving towards something more like Hacienda, they've told us, but they have yet to hire an architect to design the actual building. So with that, I'll conclude my presentation. I think there were letters of support from the Golden Gate Estates Civic Association and, as I said, I don't believe we had any detractors in attendance at our neighborhood meeting, and I'm not aware of any negative comments from the public. CHAIRMAN FRYER: Thank you. No one has signaled at this point. COMMISSIONER FRY: Oh, I did. I signaled. CHAIRMAN FRYER: Commissioner Fry. COMMISSIONER FRY: Good morning, Wayne. MR. ARNOLD: Good morning. COMMISSIONER FRY: Really just two questions. So would the layout, if it did model the Hacienda Lakes version of the EMS fire station, would it have a similar layout as that in terms of the bay doors being at the south end of the building? MR. ARNOLD: I don't even know that. Mike Delate, do you know the answer to that? I don't think we know yet, Mr. Fry. COMMISSIONER FRY: Okay. But some version of that layout where it might be reversed, but -- MR. ARNOLD: It could be reversed. I think from a transportation standpoint, getting the access a little father away from the intersection for those service doors is helpful for the overall traffic flow for that intersection. COMMISSIONER FRY: Was that decision made because the Hacienda Lakes station is more residential looking than the others? MR. ARNOLD: I think it just reflects one of their newer prototypes. The metal roof, less maintenance, things like that. COMMISSIONER FRY: Okay. One last question. In the NIM, there was a question about buffering and noise abatement from the neighbor to the west. Just give us an update on that, and has that been -- has that concern been addressed and, if so, how? MR. ARNOLD: The comment was made not by the neighbor itself but a resident of Golden Gate just asking what we were doing. It requires a Type B buffer, which would be either Packet Pg. 9 5.A.a an opaque hedge or a wall, and I don't think the county has made the determination if a wall will be placed there or not, unless -- Mike Delate, do you have an update on that? (No response.) COMMISSIONER FRY: So that was a conceptual concern, not an actual concern expressed by the neighbor? MR. ARNOLD: That is correct. COMMISSIONER FRY: Okay. Thank you. CHAIRMAN FRYER: I have a question also. And in the interest of the fullest disclosure, I should say that I have been involved in this previously in my role as chairman of the County Emergency Medical Authority and have been thoroughly supportive of it for several years, continue to be very, very supportive of it. It's quite necessary. It's going to enhance the service delivery capability of the county. So all are to be commended on this. I have a couple of questions. I think I know the answer, but just to make a record. First of all, it's my understanding that the county would take title to the ground and the improvements and that it would be leased to Greater Naples; is that correct? MR. ARNOLD: That I don't know. The county does own the property today, and it's anticipated that they will construct the facility. The facility's management department will oversee that. I don't know about the leaseback arrangement with EMS or not, Mr. Fryer. CHAIRMAN FRYER: Okay. For everyone else's benefit, it's typical for county EMS to engage in shared facilities agreements with North Collier and Greater Naples and the City of Naples as well, and also the City of Marco for that matter, where one party owns the property and the other party leases it, and sometimes the owner is the fire district, sometimes it's the county, and then the other party becomes the lessee. But it's always worked very, very well. I was just wondering which case this would be. MR. ARNOLD: Well, in this particular case, the fire district actually owns property farther north on Desoto, and they've made the decision to collocate here just for economies of scale, so... CHAIRMAN FRYER: Okay, thank you. And the other question I have, and I believe I know the answer, but for the record, the Fire Station 76 is depicted as a close example of what this would probably look like. And it's my understanding that the new station would also have two bays only; one for EMS and one for fire suppression. It -- my question is, is there room to put a third bay on there at some future time if necessary? MR. ARNOLD: We don't know whether or not they're going to have two. I think in talking to Chief Butcher previously, I think the answer was there could be two to four depending on whether or not they would put a brush vehicle out here with the fire district, et cetera. So I don't think that decision's been made, but there's adequate room here to put, I think, up to four bays and handle that quite easily. CHAIRMAN FRYER: Good. That's what I wanted to know. Thank you very much. Any other questions or comments from the Planning Commission? COMMISSIONER KLUCIK: Mr. Chairman, I just want to put on the record that I arrived around 9:05? CHAIRMAN FRYER: Thank you. The record will so show. COMMISSIONER KLUCIK: And I have no disclosures for this. No communication other than with staff. CHAIRMAN FRYER: Thank you, Commissioner Klucik. Commissioner Schmitt? COMMISSIONER SCHMITT: Yeah. My only comment -- I'm trying to get to the screen, sorry, where we had a recommendation and you cite the EMS station that will be used, that it be attached as part of the ordinance -- to the ordinance. And I was going to bring that up with staff as well that your -- that it is a matter of record so that it's referred to during the review process. Packet Pg. 10 5.A.a MR. ARNOLD: That's correct, yeah, and we're in agreement with that condition. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Commissioner Fry. COMMISSIONER FRY: Slight clarification, Wayne. Whether there are two, three, or four bays, we can understand that will all fit on the conceptual footprint as shown in the conceptual site plan, correct? MR. ARNOLD: That is correct. COMMISSIONER FRY: Thank you. CHAIRMAN FRYER: Any other questions, comments? COMMISSIONER KLUCIK: Just to get to the -- I guess the basis -- the basic nature of the question, you can build it, and then the idea that you can expand it, is that your -- the nature of your question, that you could put -- build it with two bays, and your question is could you expand it, or can you decide, hey, we need to have four bays and then build it that way? COMMISSIONER FRY: Are you addressing that to me, Robb? COMMISSIONER KLUCIK: Yes. The two of you have mentioned the bays, the number of bays. What is it that you're really getting at? Because to me the answer could be, oh, yeah, we can do as many bays as we need to, but then once you build it, you kind of build it in a way that you really couldn't do more bays. And I just am trying to figure out -- COMMISSIONER FRY: My -- I assumed that Ned's question went to if there was space on the site to have more than two bays if needed, and my question was, if more than two bays were needed, is it still within the footprint shown on the conceptual site plan? And I understand -- COMMISSIONER KLUCIK: In five years you mean add one? COMMISSIONER FRY: Add one, but it's still within that footprint. So they're not expanding into the preserve or the open space in any way. They're still staying within that footprint. That's what I was clarifying. COMMISSIONER KLUCIK: And I guess that's what I want to know is, was the answer -- was the answer to which question? Is it that you can expand even if you build it with fewer bays without having to go back, you know, and have a new footprint and analysis? MR. ARNOLD: For the record, this is Wayne Arnold. I think the EMS and fire have not made a decision yet whether it's going to be two bays or four bays, but as they go through the design, they will design it to accommodate what they think their near -term needs are. COMMISSIONER FRY: To Robb's question, though, if you build it with two and then you needed to add a third and a fourth, would you have to come back before us to do that? MR. ARNOLD: I think as long as we're generally within the footprint shown on the plan, we're fine. COMMISSIONER FRY: Thank you. CHAIRMAN FRYER: Typically, these bays are deep enough or can be made to be deep enough to house two apparatus, one behind the other, one in front of the other, so that you could have four -- potentially four apparatuses, particularly if you had a back bay door as well as a front bay door. So there are ways of configuring this where you could get two apparatuses in -- rather, four and just have it appear from the outside as two. COMMISSIONER FRY: By "apparatus," you mean vehicles? CHAIRMAN FRYER: Well, fire suppression apparatus. COMMISSIONER FRY: Is that like a fire truck? CHAIRMAN FRYER: No. A fire truck is a hook and ladder, a fire pumper, and together they would be called apparatuses. But thank you for asking. COMMISSIONER VERNON: Karl, I think you brought a knife to a gunfight just then. COMMISSIONER FRY: Or less. CHAIRMAN FRYER: Mr. Arnold? MR. ARNOLD: Nothing further from me. CHAIRMAN FRYER: Anything further from the Planning Commission? If not, there Packet Pg. 11 are no members of the public, I was informed by Mr. Frantz, who want to speak on this, and so without objection, we will close the public comment portion of this hearing and turn to our responsibility of deliberation and vote. Would anyone like to have a word about this? COMMISSIONER HOMIAK: Make a motion to approve. CHAIRMAN FRYER: It's been moved to approve. Is there -- COMMISSIONER SCHMITT: Second. CHAIRMAN FRYER: Second. Moved and seconded. Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Those opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. MR. ARNOLD: Thank you. CHAIRMAN FRYER: Thank you, Mr. Arnold. MR. ARNOLD: Thank you. COMMISSIONER FIALA: I would like to request a special meeting to discuss the term "apparatus" in the future. CHAIRMAN FRYER: That will be denied. COMMISSIONER HOMIAK: I can't make it. COMMISSIONER VERNON: Still wielding that knife, aren't you? CHAIRMAN FRYER: ***Okay. Amazingly, we now turnto our last agenda item, which is under new business. It is the comprehensive administrative code amendments. And bear with me one second while I get what I need up in front of me on this. COMMISSIONER FRY: Before we begin, Mr. Chairman, may I ask just a guidance question? CHAIRMAN FRYER: Will it be a serious one, sir? COMMISSIONER FRY: It will, indeed. CHAIRMAN FRYER: Thank you. Proceed. COMMISSIONER FRY: In the overview it mentioned that this type of administrative amendment does not need to come before the Planning Commission. So my question is, in the past, to what level of detail do we generally -- if they don't come before us, do we generally vet these types of things and, I guess, what is expected today? CHAIRMAN FRYER: That's exactly a question that I was going to ask and a suggestion I was going to make. And just to address that, if I may, and then turn it over to Mr. Frantz. The way this came to us this time is not a result of any express language in any legislative document, ordinance, or otherwise. It was remanded to us by the Board of County Commissioners for our input, which I think was a very good thing. And I don't believe that sending it to us was intended to be a one-off. I don't think there's anything particularly unique about this that would trigger a Planning Commission review where the next one might not. So I'm going to suggest at the appropriate time that we add language in here calling for a layer of review on a regular basis of the Planning Commission. Mr. Frantz? MR. FRANTZ: Good morning. Jeremy Frantz, for the record. Packet Pg. 12 I've got a really short presentation, and you've already covered some parts of that, and then we can get to any questions that you have. So just for everyone's awareness, the administrative code as it's currently written was only established in 2013, although that date is looking a lot further away than it used to. And this is the first time that we've really done a comprehensive update like this. You -all have seen administrative code amendments in the past when they are associated with specific LDC amendments. We usually try and take new processes or changed processes, work them all the way through at that time, and bring everything forward at once. But as you mentioned, given that there's no requirement for an admin code change that's not, you know, associated with a specific LDC amendment to come to you -all, we went straight to the Board. They asked us to come back here to you -all. What we're doing with this update is really just trying to bring that 2013 version of the admin code up to date. So we're adding a lot of -- or, rather, we're updating a lot of references, titles, citations. We're correcting processes that have changed over time, bringing the admin code up to speed with how we currently process these applications. There are some things that we've added or changed into the code -- in the admin code that won't look like just little corrections; however, those are changes that are intended to reflect our current process. An example would be the changes to the sign -- the sign templates. Sorry, I lost the word there for a second. We have implemented that. If you are driving around to some of these locations, you'll see that current template being used, but that had not been updated in the admin code yet. So we're doing those kinds of things with this change as well. As we talked about the Board -- we originally took this to the Board back in April due to COVID and trying to get a lot of our private petitions through the process, we've kind of held off on bringing this back to you until now. We do have just a couple of minor changes that we caught after sending it to you -all. In -- I've left off the number there -- J, the primary permits section, there's a number of references to Florida Statutes 250.13. That was a typo. It should have been 205. We'll correct that going forward. And in Chapter 2A, the Comprehensive Plan Amendment section, in, again, a couple of references to Florida Statutes that were incorrect in the application contents, modifying the reference from 163.3163 to 163.3177. And in the criteria section, a reference from 163.3164 to 163.3194. Just correcting those references. Heidi just pointed out to me there's actually a chapter missing in relation to one of our previous LDC amendments. That would have been -- or, sorry, yeah. LDC and admin code amendments that you would have seen in the past. And so that's something that we'll add back in and make sure we've got all the existing -- existing sections somehow. That one dropped off. That's all I have for you. I can take any questions that you have. If you want to walk through the document, we also did provide that memo that kind of explained the changes throughout each chapter so that we can maybe kind of walk through that a little bit faster if you'd like. CHAIRMAN FRYER: Thank you. Commissioner Schmitt. COMMISSIONER SCHMITT: Yeah, one question. Of course, I'm very familiar with all of these procedures. This is an evolution of the departments versus divisions. At one time the subordinate elements were called departments. The -- it was back in my day. It was Community Development Environmental Services Division and then the Building Department, Zoning Department. That has since reversed now, and it's Growth Management Department and divisions. Well, you can argue what is the hierarchy for organizational titles. I only bring that up because you do cite specifically and list the various divisions. I would recommend maybe making that more generic because -- because over time, because of changes in personnel or changes in mission requirements, that you maybe create some Packet Pg. 13 5.A.a more generic language so you won't have to come in and amend it if somebody says, I want to change these sections or teams or some other type of language, because it's very specific. These are -- these are -- you list all of them: The operations -- Regulatory Management Division, Development Review Division, Building Division, Zoning Division, and Code Enforcement. And you cite division rather than just a generic organizational title. I guess Heidi's going to comment. MS. ASHTON-CICKO: Yeah. As you discuss this item, I just want you to know -- CHAIRMAN FRYER: Identify yourself, please, ma'am. MS. ASHTON-CICKO: Heidi Ashton Cicko, Managing Assistant County Attorney. The enacting ordinance does delegate to staff the authority to make the change -- certain changes, and one of them is the changes to the appropriate division or department and so forth. So just -- I wanted you to know that as part of your consideration and direction today. COMMISSIONER SCHMITT: Yeah. So that if, in the future, I don't know, somebody decides to combine Zoning and Code Enforcement, whatever reason, that it would be done -- they wouldn't have to come back and amend this entire code just because you did some reorganizing. MS. ASHTON-CICKO: Staff has delegated the authority to make changes to the code without coming back as to the divisions and departments. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Thank you. Any other questions or comments? Okay. COMMISSIONER VERNON: Yes. CHAIRMAN FRYER: I have a few. Oh, I'm sorry. Commissioner. COMMISSIONER VERNON: Yeah. I don't think I have a button, right? CHAIRMAN FRYER: You don't. Sorry, Commissioner Vernon. COMMISSIONER VERNON: After a year? What do I got to do to get a button here? CHAIRMAN FRYER: Cure COVID, sir. COMMISSIONER SCHMITT: Cure COVID, and you can sit right here. COMMISSIONER VERNON: Cure COVID. It's on its way. I've got two companies working on it right now. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: I guess my question is a very general question, and maybe my fellow commissioners can help answer. I always think about, well, what am I missing here? This seems pretty perfunctory. So why did the Board of County Commissioners delegate it to us to sort of analyze this? What -- what should I be concerned about? You know, if it's just typos -- I know there's more to it, but what is the biggest issue they really wanted us to look at from your understanding, Jeremy, or if you guys want to comment on it? COMMISSIONER KLUCIK: The Board was just being prudent. The Board has a lot of respect for the Planning Commission, and they prefer when staff brings things through the Planning Commission to get filtered here and then go to them rather than the staff going directly to the Board of County Commissioners. It's not just this item. It's everything. COMMISSIONER VERNON: Perfect. Thank you. CHAIRMAN FRYER: It's similar to the AUIR, I think, in that respect. And it's good that the AUIR comes to us every year, but it doesn't -- it doesn't, I don't think, impose a burden upon us to take it to the level of granular detail that, perhaps, the Planning Commission did some years ago. So I think it's a good thing that it comes to us. COMMISSIONER VERNON: You're not seeing anything? CHAIRMAN FRYER: Well, I've got some -- yeah, I have a few comments. I do. COMMISSIONER VERNON: Okay. CHAIRMAN FRYER: Commissioner Fry. COMMISSIONER FRY: I just wanted to ask --and I think because it was remanded to us Packet Pg. 14 5.A.a by the BCC, that implies they would like us to look at it at some level of detail, and I share the -- I guess the question expressed by Commissioner Vernon, not really knowing what to focus on. You provided a memo. Would it make sense on something like this to have Jeremy at least highlight the sections that are most in need of review and confirmation, I guess, the more complex, less perfunctory parts of it? So I'm just throwing that out as a question for how we proceed. I know you have questions, but should we do a little bit more structured review on this one end in the future, is my question. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Mr. Chairman. CHAIRMAN FRYER: Yes, Commissioner Klucik. COMMISSIONER KLUCIK: I mean, we have the chart that has the blue headers. You know, I mean, so that kind of tells us, you know, the precise location and a pretty -- you know, I mean, I don't know. I had the same question, and, you know, and then kind of talking through it with staff, they -- you know, they referenced this, and then it seemed like it was pretty clear to me what the issues are. Is that -- you know, are your questions -- you know, can you point right to here to this chart and then, you can -- that helped you get to where we could ask the specific questions. I appreciated the level of work that you did, and I think we do have a good basis to do our job, which is to review it. CHAIRMAN FRYER: I think, frankly, it might have been a little easier for someone with legal training, document training, to know what to look for and aided by the redlining, which in most cases was helpful, although a couple of cases I'm going to raise. But that's -- I mean, nonetheless, that's a good point, and it certainly -- in the future, if staff identifies something that may rise to a higher level of importance in staffs judgment that you want the Planning Commission to focus its more careful attention to, I think what Commissioner Fry is saying, just flag that for us. That probably would do that. Commissioner Schmitt. COMMISSIONER SCHMITT: Yeah. 1, again, commend the Board. I want to follow up, basically, on your statement, because every one of these procedures are the underpinnings of what we do in our review process. And I think -- I think for that reason, probably, is why the Board said let's have the Planning Commission look at it, because every one of these are elements that we deal with, at least provide the understanding how applications are processed through and end upcoming to us for review. So anyways -- but I don't have any specific comments. I thought everything in here was pretty clear and straightforward but, again, I'm very familiar with the process, so I'll turn it to you -all if you have any questions. CHAIRMAN FRYER: Thank you. I have maybe half a dozen or so, and I'll go through them, but other Planning Commissioners, if I come to a subject that you want to be heard on, please feel free to interrupt me. My first concern arises in -- well, I just have to -- I'll give you the agenda packet page. It's 1538 of 1755. This has to do with insubstantial PUDs. COMMISSIONER KLUCIK: Could you give the reference again. CHAIRMAN FRYER: Page 1538. And I'll state my question while people are looking for this, and it has to do with the relationship or the scope of jurisdiction of the Planning Commission versus the Hearing Examiner, the HEX. And if you look at 10.02.13.E of the Land Development Code, which is not up for amendment right now, it currently assigns to the Planning Commission, exclusively, oversight for insubstantial PUDAs. Now, what we're introducing in the administrative procedures here is that the Hearing Examiner or Planning Commissioner -- Planning Commission, rather, will have jurisdiction based upon something. Now, I'm all for that. I'm not trying to hog jurisdiction and, for something that Packet Pg. 15 5.A.a is truly insubstantial, it really should be heard by the Hearing Examiner rather than be coming to US. My is question, first of all, the conflict that exists with 10.02.13.E -- and, Mr. Frantz, when I met with staff on Tuesday, I raised this to give you a forewarning so that you could take a look at that. So this will create a conflict between an existing Land Development Code provision and a brand-new junior document if we approve this and the Board of County Commissioners does. So it seems to me that should be addressed. But the other question is, going back to the way Mark Strain handled this, as I recall he was conservative and would err on the side of sending something to the Planning Commission if it seemed to him to be controversial or something where a more full and formal hearing should be held by a greater number of recommenders or decision makers, and that seemed to work pretty well. But I don't know that there are really sufficient specific criteria for the Hearing Examiner or staff or us to decide whether an insubstantial PUDA should come to us in the first instance or go to the Hearing Examiner and then directly to the BCC. Do you have an observation on that, Mr. Frantz? MR. FRANTZ: Yeah, sorry. I just wanted to pull up the discussion that's here in the admin code. So I'll try and talk through a couple of those. CHAIRMAN FRYER: Please. MR. FRANTZ: 10.02.13, as you mentioned, doesn't identify the Hearing Examiner there for the PUD insubstantial changes. In the public notice and hearing requirements sections in 10.03.06, it does identify the potentiality for a Hearing Examiner or Planning Commission, so there is some inconsistency in the LDC right now. And up on the screen now you can see that's really the only language we have for when the Hearing Examiner identifies whether they want to, you know, hear -- actually, am I looking in the right place? CHAIRMAN FRYER: The "great concern" language, right, great public interest or concern? MR. FRANTZ: I think that that is -- yeah, I was in the right place. It really only identifies that if the Hearing Examiner recuses or disqualifies themselves or for some other reason doesn't hear a particular case, that it would come to the Planning Commission. So it's really up to the Hearing Examiner to make that call still, although we've had a transition to a new hearing examiner. I don't want to speak for the current Hearing Examiner, although he has, on occasion, shared his perspective that unless -- I'm putting words in his mouth now, so take that for what it is. But my understanding is that unless he -- something is abundantly clear that it shouldn't be heard by him or that he hears something from a particular commissioner, the commissioner of that district say, then he's inclined to just hear all items that come to him. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: Mr. Chairman, when you have -- CHAIRMAN FRYER: Yes. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Okay. So what I read in that -- and, you know, I guess I'm looking to see if that -- if it's an accurate reading -- that middle paragraph, a minor conditional use is, it seems to me that that states that if I just -- you know, if I caught wind of something and I bring it to the Hearing Examiner's attention that I find it controversial and that it should come before us as the Planning Commission, then that would be required, then, at that point because it's just one Planning Commissioner can make that call. CHAIRMAN FRYER: I think one County Commissioner. COMMISSIONER KLUCIK: Oh, it's County Commissioner. COMMISSIONER VERNON: Yeah, I don't think it says that. Packet Pg. 16 5.A.a COMMISSIONER KLUCIK: Okay. Well, that's good. I did misunderstand that, so that's great. CHAIRMAN FRYER: And that's in the case of insubstantial, because when you get to the level that's called minor, that becomes a staff decision. COMMISSIONER VERNON: But I think Mr. Klucik kind of highlighted what I was picking up on, and that is the Planning Commission doesn't seem to have any influence on it. It seems to be the County Commissioners or the Hearing Examiner. So the question to me, the bottom line is, who needs to make this call? If it's a close call or controversial call as to who should hear it, should we give that power -- and we may not have the power to change this, but should the power reside in the Board of County Commissioners, the Hearing Examiner, the staff, which I think should be considered as an option, or with us? CHAIRMAN FRYER: And I agree with that, and that's the main reason why I wanted to raise this. I'm not looking for more work because, believe me, I think we all agree we've got plenty, but -- and I don't mind the Hearing Examiner making the call. But based upon Mr. Frantz's reporting, it sounds like the new Hearing Examiner is looking for a conflict of interest perhaps or something that is so obviously of much greater magnitude than the things he ordinarily hears. And that may be the right standard, but what I want to point out is that that's not the standard that Mark Strain used. Mark erred on the side of caution, I believe. And the County Attorney can correct me if I'm wrong, but it was my sense if Mark felt that a matter was controversial, he would -- he would send it over to the Planning Commission, and I think it worked pretty well. MR. KLATZKOW: This issue does fall under your powers because, at the end of the day, it derives from the LDC, all right. If you want to relook at the issue as to what a hearing examiner does and what you do, that's your prerogative. That's part of the LDC. That's what you do. And you can direct staff on this issue to come back, and then you can have a full discussion on it. The purpose of the administrative code, really, is so that if I'm an applicant, rather than calling up staff and saying, how many copies of this application do I need, what's -- what sign -- what size the sign has to be, it's all there. The administrative code is for stuff that -- I'm not going to say it doesn't really matter, but it's just the nuts and bolts of the operation, not the real legislation. So that this might be worthy just of a separate looking at by the Planning Commission. What do you guys want to look at? What do you think the Hearing Examiner should be doing? COMMISSIONER KLUCIK: Mr. Chairman? COMMISSIONER VERNON: If I could jump in. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Yeah. I was just trying to, I guess, take that a little further and understand who does -- the Hearing Examiner -- we don't know what the Hearing Examiner is looking at, so how would we ever know whether we think we should be looking at it, is part of my point. It seems like an awful lot of power to put into one individual's hands. COMMISSIONER VERNON: Yeah. Can I comment on that? CHAIRMAN FRYER: Yes, please, Commissioner Vernon. COMMISSIONER VERNON: Just sort of my gut instinct is just that we should --if it's a discretionary issue, it almost, in my mind, should be staff, with the power of the Planning Commission, to override that decision. That's just -- because I've got four parties who can make the decision: Board of County Commissioners, hearing officer, this group, or staff. I almost feel like the first blush of it, the staff s probably going to have a better sense than anybody of whether it's going to be controversial, because they're getting the phone calls, et cetera, et cetera. They should probably make that first call. And there should be baseline, like hearing officer hears these, and we hear these. That should exist. But in the middle ground -- in the middle ground, it seems like the staff should give its thought if maybe we should be hearing this or not, and then we have the final decision. Packet Pg. 17 MR. KLATZKOW: If you want, staff can simply, before bringing a matter to the Hearing Examiner, just say, okay, these are the matters that we tend to bring to the Hearing Examiner; you could review them. If you want to hear any of them, you can pull it from the Hearing Examiner; hear it yourself. And those --stuff that you don't want to hear, because they're minor, would just move on to the Hearing Examiner. I mean, I can give you the history of the Hearing Examiner if you want but, you know, it was never meant to supplant the Planning Commission. It was really meant to make things easier for applicants to get through the growth management process. COMMISSIONER VERNON: Yeah. And I'm with the Chairman; I'm not looking for more work. I just want to make sure that we're not putting it, to Paul's point, all -- you know, a little bit concern, all that decision making is in the one hearing examiner. CHAIRMAN FRYER: Thank you. Commissioner Klucik and then Commissioner Schmitt. COMMISSIONER KLUCIK: Okay. Then -- so to go, you know, directly to the page that you referenced, 1538, help me understand. I think the amendment that you're proposing here for this particular page isn't really -- we got into the weeds on something that's sort of related, but this amendment is just making it accurate, because right now -- it either goes before the Hearing Examiner or the Planning Commission, and right now this is inaccurate because it just mentions the Hearing Examiner? CHAIRMAN FRYER: It's a little more nuance than that, I think, Commissioner. 10.02.13.E sends these insubstantial PUDAs directly to us exclusively. And so as it was previously worded where it was going only to the Hearing Examiner, it was a clear conflict. Now it's just an ambiguity, and probably the way of -- I think we all agree, we're not looking for necessarily -- COMMISSIONER KLUCIK: Well, it was almost -- Mr. Chairman, are you saying it was almost -- it's inaccurate as it is now because, actually, it should say Planning Commission, and the Hearing Examiner is kind of something that we have to maybe think through better. CHAIRMAN FRYER: And it may be even more complicated than that because -- COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: -- as Mr. Frantz pointed out, there's another provision in the LDC that does reference the Hearing Examiner. So I think what's needed here -- and I'm going to ask Mr. Frantz a question. Is there any reason why this is a matter of immediacy, or could we -- could we send this back to staff with a recommendation to clean this up and clean the LDC language up in a way that makes sense, or would that result in an unnecessary delay of this getting to the BCC? MR. FRANTZ: I'd suggest maybe asking us to move this forward without this particular change and to bring that back later as a separate item. CHAIRMAN FRYER: Okay. But without the change it's even worse because it's even more in conflict. MR. FRANTZ: Understanding that we'd be coming back to you with a change to rectify that problem. CHAIRMAN FRYER: Okay. Commissioner Schmitt. COMMISSIONER SCHMITT: Yeah. Just to clarify for my fellow colleagues. The Hearing Examiner was really created for items that were pretty much noncontroversial, you know, kind of binary. It's a yes or no. This panel used to be bogged down significantly with boat dock extensions and other type of items that opened the issue to a lot of subjectivity rather than just following the criteria in the code. And as I said, it was a binary decision. Either you get it or you don't. That was the attempt of the Hearing Examiner to take those items that were very simple. An insubstantial change for -- on a Site Development Plan, I guess, or -- MR. EASTMAN: Like a parking lot. COMMISSIONER SCHMITT: Yeah, a park -- those type of issues that were pretty simple. They needed to be publicly advertised, they needed to be public noticed, but they were not Packet Pg. 18 5.A.a items of concern that would be significant to bring in a public meeting like this. It was more for the Hearing Examiner to deal with. That was the idea of the Hearing Examiner, especially to take some of these items from the Board, because those kind of issues would come to us, and the next thing you know, they would springboard right into the Board of County Commissioners when, in fact, there was an attempt to try and take some of those items and just remove them from the Board's agenda that were pretty simple in nature. I guess that's the best way to explain it. CHAIRMAN FRYER: And further to your point, which is well taken, if a matter is heard by the Hearing Examiner, it doesn't automatically go to the Board. The applicant has a right of appeal. COMMISSIONER SCHMITT: Right. CHAIRMAN FRYER: But if something's heard by us, it does automatically go to the Board. On consent, perhaps, but it does not only -- it does not only add to our agenda and time but also adds to the Board's if it comes to us. And I think we all agree that none of us is looking for more work. But if I hear the sense of the Planning Commission, Mr. Frantz, I think -- I think we would like staff to come back with a recommendation perhaps with more specific criteria when something goes to the Hearing Examiner and when something comes to the Planning Commission for us to at least look at and also a proposed amendment to 10.02.13.E which right now directly conflicts with the other section of the LDC you mentioned and the administrative procedures that I'm talking about. MR. KLATZKOW: And keep in mind, I wanted a fail-safe built into the LDC, because there may come a point in time when the Board of County Commissioners decides it no longer wants your Hearing Examiner. And so a lot of this stuff you'll see it's either you or the Hearing Examiner. It's not because it's supposed to go to you but, in case we don't have a hearing examiner, we have somebody to hear it. CHAIRMAN FRYER: As we saw recently. Good point. Commissioner Fry. COMMISSIONER FRY: Am I correct that Mark Strain was the first hearing examiner? MR. KLATZKOW: The hearing examiner was specifically drafted with Mark Strain in mind. COMMISSIONER FRY: So hearing that, we have a pretty substantial change, which I think you've picked up on, which was that we had the same person in the role as hearing examiner and chairman of the Planning Commission. So he would very naturally be a natural fit to make the decision which things were escalated to the Hearing Examiner, but now that's no longer the case. CHAIRMAN FRYER: No longer permitted either. COMMISSIONER FRY: No longer permitted. I mean, I just think that bears more evidence that we really need more of an objective rather than subjective method for deciding what issues come to us versus the Hearing Examiner. CHAIRMAN FRYER: Commissioner Shea and then Mr. Eastman. COMMISSIONER SHEA: So how many cases does the Hearing Examiner actually hear? MR. FRANTZ: I don't have that number off the top of my head, but I could bring that back when we -- COMMISSIONER SHEA: The only reason I say that, I don't see why we can't approve the agenda. In other words, if there's an agenda go to the Hearing Examiner of items, why can't we see it and say we agree or don't agree so at least we have notice and we can look. Because right now we're operating in the dark. We don't know what the Hearing Examiner's doing, and that scares me. MR. FRANTZ: Well, I think that when we come back, as you all -- it sounds like you are on the same page about we could show you what all the different criteria are, all the items that the Hearing Examiner currently hears, and we can talk through those specific items that there's currently flexibility on, and we could get into that in more detail, and we could give you some Packet Pg. 19 5.A.a recommendations as well. CHAIRMAN FRYER: Is that -- yes, Vice Chair. COMMISSIONER HOMIAK: I sometimes look at what goes to the Hearing Examiner, and I have seen a few times where there's things that we have heard not that long ago in a PUD, and they're going there for a change, and sometimes it's something that we specifically put into that PUD as a stipulation. CHAIRMAN FRYER: That's interesting. COMMISSIONER HOMIAK: Square footage of a unit. MR. EASTMAN: Mr. Chair? CHAIRMAN FRYER: Yes, sir, Mr. Eastman. MR. EASTMAN: Just adding to Commissioner Schmitt's points. I agree with everything he said. And my sense was that Mr. Strain was trying to reduce the amount of work that this body had to do and that some of these things that the Hearing Examiner would hear were ministerial, binary, noncontroversial, and that when Mr. Strain found something where even one member of the public raised an objection and he knew that there was some type of controversy, he would bring it to this board. He would transfer it to this board, and that was kind of his level of scrutiny or a filter that he used in determining whether he would hear it at the Hearing Examiner level or elevate it to this board's and everyone's input and analysis. CHAIRMAN FRYER: That's my recollection as well, and I think he had a very good intuition about that and was able to flag things that should be heard by us. The vast majority of things that the Hearing Examiner hears really are noncontroversial and don't need our attention. But I think it sounds to me like the new Hearing Examiner, perhaps, has a different view of the role that may not be 100 percent in sync with how we see our responsibilities. So I believe, once again, it's the consensus of the Planning Commission, Mr. Frantz, that, you know, whether you take forward the rest of the administrative procedures to the BCC now or wait until we've passed on everything -- because I do have some other questions about this. It's entirely staff s -- within staff s purview. My question, though, is, is this a matter of urgency or immediacy, or can it slip for two weeks? MR. FRANTZ: It can slip. CHAIRMAN FRYER: Okay. That's kind of what I thought. All right. Let me -- let me then continue, and, again, invite Planning Commissioners who want to weigh in on anything I raise to feel free to do so. On Page 1538, interestingly, there's a reference to the requirement of a NIM, and in this new language, the Hearing Examiner in his or her discretion would determine whether there's a requirement of the NIM, and the way it's written, that would also, perhaps, be the case if the matter were coming to us, but the Hearing Examiner would be the only person who would be authorized to say we don't need a NIM. I just think that, when you relook at this language, you should relook at that provision as well so that it squares with whatever we ultimately decide we want to do with this. All right. Then I go to Page 1558, which has what almost looks like a definition of comparable -use determination. And I believe such a definition is sorely needed, and I believe that the one under L, where it says "applicability" on that page, is an excellent definition because, as I've said numerous times up here, the fact that two things are comparable, any two things in the universe can be compared to one another no matter how dissimilar they are. So when you say something is comparable, what you really mean, I think, has to do with similarity, compatibility, consistency. And this definition that appears on 1558, comparable -use determination, is -- I believe, hits it right on the bull's eye. Now, on Tuesday we discussed whether this definition should be made wide ranging in the administrative procedures, and staff, I think, very appropriately advised that it should be in the LDC. What I'm saying is that it needs, I think, to be somewhere, because I don't think we're going Packet Pg. 20 5.A.a to -- the phrase "comparable" is so boilerplate in the staff s materials that, without a definition of that word that pins it down more, we run into difficulty that could be taken advantage of by an opportunistic lawyer. And so that's my suggestion that -- that this definition that you've offered under "applicability" on this page is an excellent one, and I believe it should be in the Land Development Code at the appropriate time. All right. Then -- all right. Then Igo to 1589, and this is just a request for how you proceed with us with respect to redlining in the future. Beginning on 1589, we go multiple pages where everything is redlined out. Then that's followed by multiple pages where everything's in blue, has been inserted. Now, a spot check told me that not every single word that was redlined out is really out; it's been repeated. And so it's hard for someone doing what we want to do, which is to see how things have changed specifically, to give us five or six pages of everything redlined out and then five or six pages of stuff inserted in blue. So, for future, I'd appreciate it -- and I certainly would stand corrected by members of the Planning Commission, but I think it would make our job a little bit better if you could be more granular in your redlining somehow. MR. FRANTZ: Sure. And I apologize for the confusion that that might have caused. I think that formatting got a little confusing as well when we were doing that. And so we did try and capture the actual changes in that memo, but -- CHAIRMAN FRYER: I saw it, and that got me over the hump for this one, but it just took a little more time. Thank you. Okay. Now I go to really, I think, the second of two rather significant issues that I want to raise. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead. COMMISSIONER KLUCIK: Just I think it would be fitting at some point -- I don't know if this is a good time, but you're covering a lot. So so far you've raised three items. CHAIRMAN FRYER: I believe -- yes. COMMISSIONER KLUCIK: And I would just say that I think those are all great things that you brought up, and I generally agree, you know, with you on all three of those, and I think it would be good, you know, to maybe -- maybe I'm wrong, but, like, to hear the consensus on at least those three things before we move to the next. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: I concur. COMMISSIONER SHEA: I concur. CHAIRMAN FRYER: Okay. Thank you. All right. Well, we're developing a consensus, Mr. Frantz, that we'll probably want to send this whole thing back rather than bifurcate it, and perhaps put it on our agenda two weeks from now if there's room, and we'll make every effort to close our role in this. Okay. The next thing I have has to do with NIMs themselves. And I would invite everyone's attention to Page 1729 of the agenda packet. And there is -- on that page and the following page, the applicant -- with respect to a transcript of the NIM, the applicant is instructed to provide an audio or video transcript to the staff, and then staff, at our request, has consistently provided that to the Planning Commission because I believe most of us feel that having the exact transcription of the NIM is very, very important in our work. So thanks to staff for forwarding that to us when it comes to you. I don't think anything further needs to be done on that part of it. However, here's what I think needs to be added. I've always interpreted an audio or video transcript to be incomplete unless the speaker is identified in that transcript. So that's why I have consistently, for four years now or over four years, been critical of applicants when they don't require every speaker -- I'm most interested in the applicant's representatives, but Mr. Strain, my predecessor, was also interested in hearing the identities of the members of the public. Packet Pg. 21 But we were at a point at the Planning Commission that we wanted to have an identity, or each person who speaks, before they do so, to identify themselves. And I would ask, respectfully, that staff add that provision in here in the appropriate places so that there's really no question about it; that it's very clearly required that the applicant, as part of their obligation to deliver us a true and complete transcript in some form or other, audio or video, will require people to identify themselves. And I'd ask at this point for the views of the other members of the Planning Commission on that. COMMISSIONER VERNON: The only comment I have is I'm not sure in this day and age whether we even need the word "audio" in there. It seems like video is so easy to do. It's more reliable. If they forget to say their name -- I think it's a great idea if they're required to say their name, but people may forget -- you can see who it is speaking. I used to work -- do a lot of work in a forum where they had the old cassette tapes -- show how old I am -- and it was horrible, for the reasons you stated as well as others. So in 2020, maybe, do we really need to even have the word "audio" in there? It should be a video with sound. CHAIRMAN FRYER: Thoughts of -- Commissioner Schmitt. COMMISSIONER SCHMITT: Yeah, the -- I'll go back to the origin of the NIM. The NIM was created back in the time of Collier County, the perception that the developers were getting away with everything and the public wasn't informed. But understand that the NIM is the applicant's responsibility. It's the applicant's meeting. Staff is in no way, shape, or form supposed to be carrying the water for the applicant. It's not -- they're not even -- they're there only to answer questions and to guide. It's not -- it's not a staff -run operation. It's the applicant and the applicant's responsibility alone, because they are informing the public, and it's to prevent any perception by the public that the staff is a proponent of the proposal. So in that regard, that's how that thing evolved. It was nothing more than an information meeting for the applicant to advise the public of what's going on. I have no argument. In today's day and age, a video is certainly -- you can record it digitally at very little expense. Twenty years ago when we started this -- I think it was probably almost 20-, 18, 19 years ago -- it probably would have been a significantly different expense, so -- but that's -- that was the purpose of the NIM. CHAIRMAN FRYER: Exactly. And to that point, I noticed that staff is proposing to remove the reference to the planner who attends as moderator, and I'm okay with that. I pointed out four years ago to Mike Bosi that it said -- he wasn't aware that the staff planner under the old language was to be the moderator. Well, for the reasons that Commissioner Schmitt mentioned, I think it's good that that concept is going to come out. COMMISSIONER SCHMITT: Yeah. The only reason, on the sign, the staff was identified was so that the public would have a point of contact. CHAIRMAN FRYER: Exactly. COMMISSIONER SCHMITT: To send any comments or objections. But they were not meant to be -- that's a good point. They were not meant to be the moderator. They were only meant to -- well, I guess what other word you could use -- but there just to make sure it was conducted in accordance with the procedures as outlined in either -- back then the LDC, Land Development Code. CHAIRMAN FRYER: And that may be the language we would like in there to replace the moderator language, that they're there -- the way you said it, Commissioner. COMMISSIONER SCHMITT: Just to make sure that they're in compliance with the code. CHAIRMAN FRYER: Yes, yes. I think -- MR. KLATZKOW: A facilitator? Facilitator? CHAIRMAN FRYER: That might be a better word, yeah. COMMISSIONER SCHMITT: That's basically -- they were not -- Packet Pg. 22 5.A.a MR. FRANTZ: That is the language that we're striking. COMMISSIONER SCHMITT: They were not supposed to be -- in any way, shape, or form appear to be supporting a proponent. Just nothing more than to identify, hey, I'm the staff person. You got a complaint, you send the complaint to me so I can make sure that it's distributed properly to the Planning Commissioners or to the County Commissioners. COMMISSIONER KLUCIK: Well, I almost -- you know, since we're reviewing this, I think people don't understand who's there and why, and I think maybe we could even direct the staff to make sure that they announce, you know, this is me. I'm here. This is -- you know, I work for the county. I am not here -- I'm neutral. I'm just here so that I can clarify things, you know, and -- you know, whatever, so that the people that are at the meeting understand that that person is nobody's ally. That person is, you know, theoretically an objective ally of the truth, you know, to just kind of make sure that no one gets misled or they can clarify things, you know, on the fly, and that's really it. So that way -- when you're there and you're a citizen and you don't really understand it and it's new to you, it's confusing and it's intimidating. CHAIRMAN FRYER: Very good point, and I agree completely with it and also the way Commissioner Schmitt expressed it. And so, Mr. Frantz, you're getting all this? Perfect. Commissioner Fry. COMMISSIONER FRY: Personal preference, I really like the written verbatim transcript, because it allows me to reference page numbers and actual comments verbatim in the written record while asking questions. So we've talked about video and audio. I personally don't listen to the audio. I look at the written transcript and the summary, because I can refer to them. So I would just like to be sure that there is a written transcript. I wholeheartedly agree with the assertion that every speaker should be identified by name, and that should be a written requirement in this document. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, sir. COMMISSIONER KLUCIK: I would, you know, say, just as an example, okay, so the SRA item that was, you know, on the agenda for today for Ave Maria, the developer did a good job. They had a -- you know, a really nice, thorough transcript of the NIM. I was at the NIM. I was not on the Planning Commission at the time. But some of the residents noted, you know, in social media conversations about the upcoming hearing that a representation had been made by the applicant or the petitioner, and, you know, having, you know, looked at that more closely, I contacted the applicant, or the petitioner, and reminded them of that, and they, withdrew, you know, temporarily. You know, they chose to ask for a continuance so that they could go ahead and honor the commitment they had made. And it's a perfect example of what the NIM does, you know, for the process. It really is helpful. And, you know, to the petitioner's credit, they didn't even hesitate. As soon as 1, you know, brought it to his attention, you know, he was like, yes, we want to -- we want to go ahead and honor what he said, you know. And I think that this is a perfect example of this particular element is so important, and it helps people feel comfortable or more confident that the process is fair and that they have a chance to have meaningful -- a meaningful chance to get information about what's coming before them so that they can decide how they're going to react and participate. MR. FRANTZ: If I could, I'd kind of like to maybe think through some of the implementation of what format we might actually use, whether that's video, audio, or a transcript. CHAIRMAN FRYER: Yes. MR. FRANTZ: So maybe that's something we could come back to you with a little more detail on what we think might work best. CHAIRMAN FRYER: Yeah. I'm going to weigh in support of Commissioner Fry. I'm willing to listen to audios, and I do it all the time when there's not a written transcript, but my preference is for a written one. And, obviously, video is even better, because you can really get a sense of what's going on at the meeting. Packet Pg. 23 5.A.a So staffs going to re -think this and come back to us with a recommendation. I think that's very good. COMMISSIONER VERNON: And if I could ask a question. Who pays for the transcript? CHAIRMAN FRYER: The applicant. COMMISSIONER VERNON: Okay. Then in that case, I totally agree. I was just trying to keep costs down. But I think a written transcript -- I agree with both of you, a written transcript, and if we want to make it perfect, it's a written transcript plus a video and skip the audio, and then you get both. CHAIRMAN FRYER: Okay. Does anyone disagree with Commissioner Vernon's statement? COMMISSIONER HOMIAK: I prefer written anyways. COMMISSIONER KLUCIK: What if you have an opportunistic lawyer who gives you the video but there's no sound? No, I'm just kidding. CHAIRMAN FRYER: We've seen weirder things. COMMISSIONER HOMIAK: It's a requirement. CHAIRMAN FRYER: Commissioner Klucik, we've seen weirder things come in these days. COMMISSIONER KLUCIK: There's opportunistic lawyers around? Come on. I'm afraid there aren't. COMMISSIONER SHEA: Are there any others? CHAIRMAN FRYER: I tried to think of a reasonably respectful word. That's as close as I could come. COMMISSIONER KLUCIK: Well, I always say 99 percent of the lawyers make the rest of us look bad. CHAIRMAN FRYER: Us. Am I included? MR. EASTMAN: The point is well taken, though. I mean, if you have a transcript and a video, the video could have no audio. I mean, with -- COMMISSIONER KLUCIK: Yeah. Clear audio is kind of a -- we shouldn't have to say it, but maybe we should say it, because, you know, that's what we're looking for. COMMISSIONER VERNON: My point is the written transcript -- as long as the applicant and not the government or the staff s paying for it, the written transcript, I completely agree with Commissioner Fry, is the best. A video is a nice supplement, because sometimes things go on that do not appear in a transcript. MR. EASTMAN: Agreed. And you can get the flavor of it more than just from the written word, just like an email. One question I have is, in the transcript you're supposed to identify who the speaker is, that actual person. Whose responsibility is that? Someone just gets up in the middle of the NIM and they start talking, they don't identify themselves. Is that on the applicant, or is that on the county facilitator? Because that should probably be spelled out. CHAIRMAN FRYER: We're in the process of possibly changing that. Right now in the first instance, it's the responsibility of the applicant, but we've got that word "moderator" in there, which confuses it somewhat. And if we do add a concept that the facilitator, if that's what we call the staff person, is partly responsible for assuring that the applicant requires speakers to identify themselves. That, I think, would be appropriate. COMMISSIONER FRY: In my experience the facilitator is the moderator. In my experience as a consultant, when you facilitate a meeting, you are the moderator. So I prefer to think of staff as a supporting resource, you know, presented as a neutral supporting resource rather than a facilitator or a moderator, but -- MR. FRANTZ: I'd like to come back with some suggested language. Whether it's facilitator or we spell out what the rules are, I think we can make it clearer. Packet Pg. 24 5.A.a CHAIRMAN FRYER: Perfect. MR. EASTMAN: Or they could just be referred to as the county's representative at the meeting. CHAIRMAN FRYER: Yes. Or just county planner. I mean, there are lots of options. But I think the best way, rather than us try to craft this, is to send it back to staff and then ask you to bring it forward. You've -- I think for the most part we're pretty unanimous up here in the things that we would like to see in a redraft of this. And I do not have any further points to raise. Does any other Planning Commissioner wish to make a comment on this draft before we take action? (No response.) CHAIRMAN FRYER: Hearing none, Mr. Frantz, did you have anything further you wanted to say, sir? MR. FRANTZ: I don't think I do. CHAIRMAN FRYER: Okay. So I believe we've -- I'm going to try to tick these off and be sure that we're all on the same page. But that with respect to future amendments to the administrative procedures, that the CCPC be built in as a layer of review before it goes to the BCC. Number two, two points with the HEX: First of all, somehow correct the inconsistency or ambiguity between the LDC and the administrative procedures as to who has what role. And the third point also having to do with the HEX is how do we decide which matters would come to us and which would go to the HEX? It worked better, frankly -- in my opinion, there was not need for specific language on this because I think Mark just had good intuition. He knew when to kick something over to us. Now, of course, the Hearing Examiner is not allowed to sit on the Planning Commission, so there's more distance between us and him. So those first three points. Then the third point dealing with speaker identification -- the fourth point, rather. And then the fifth point, what we call the staff person, facilitator, emphasizes neutrality, planner, and to enforce the Land Development Code or see to it that the administrative procedures and LDC are being followed by the applicant, I think, is the concept. And then, finally, a strong preference for a written concept -- transcript, rather, and -- as between an audio and a video, a preference for video. Did I cover -- did I leave anything out? (No response.) CHAIRMAN FRYER: Then I'd entertain a motion that we ask staff to address those points and come back at the next meeting, if possible, with a revised proposal. MR. FRANTZ: And this one doesn't require any advertising, so if, you know, we move it around, maybe not next meeting, or wherever it fits, that's fine with us. CHAIRMAN FRYER: Okay. The Chair recognizes Ms. Jenkins. MS. JENKINS: Ms. Jenkins, for the record, Division Director. I would caution two weeks to bringing this back. We're going into the holidays, and Jeremy has some time off, so I'd prefer not to put it on the record that we'll bring it back in two weeks. and -- CHAIRMAN FRYER: Do we want to do a date certain at all, or just when you're ready? MS. JENKINS: When we're ready. CHAIRMAN FRYER: That's fine; fine with the Planning Commission? COMMISSIONER SCHMITT: Oh, I think Jamie ought to be working Christmas Eve CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: -- right through New Year's. CHAIRMAN FRYER: As soon as reasonably practical, can we say that? All right. Any further discussion on that? Packet Pg. 25 5.A.a (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Mr. Frantz, thank you very much, sir. MR. FRANTZ: Thank you. CHAIRMAN FRYER: And I've got a couple more things here. COMMISSIONER KLUCIK: I had a couple items I just wanted to mention. CHAIRMAN FRYER: The Vice Chair is saying that there wasn't a motion, and that's entirely possible, and the court reporter agrees. So I'd entertain a motion to that effect, please. COMMISSIONER HOMIAK: The motion is to --whatever you just said. CHAIRMAN FRYER: Yeah. Well, I'll state it. The motion is for staff to return as soon as reasonably practicable -- COMMISSIONER HOMIAK: Oh, okay. CHAIRMAN FRYER: -- to address the six points and offer solutions to these six points that have been raised by the Planning Commission. COMMISSIONER HOMIAK: Okay. That's my motion. COMMISSIONER SCHMITT: Second. CHAIRMAN FRYER: Is there any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: Motion carries unanimously. Thank you, sir. Now, one more thing under new business, if I may, and this has to do with our hoped -for workshop. And I think with the new membership on the Commission and also just a refresher for all concerned, it would be very useful to have a workshop, and I would like to shoot for sometime in the first two months of 2021, and I'd like to ask Ms. Jenkins to weigh in on that, please. MS. JENKINS: Mr. Chair, Ms. Jenkins, for the record. I heard the Planning Commission at the last meeting have several topics, one to understand legislative, quasi-judicial, and the criteria that you look at to review items. As you can see on the schedule, we have one item continued to January 7th. And so if the County Attorney is able to go through those items on January 7th with you, then we could do that, and we could schedule those items for that time rather than waiting till February. You have a very busy February schedule. CHAIRMAN FRYER: I see. So now the one item we have is potentially controversial, Packet Pg. 26 5.A.a though, correct? It's Heritage Bay. MS. JENKINS: Yes. CHAIRMAN FRYER: Yeah. So that could take some time. And I like your suggestion; I just want to be sure that it's understood we may not be able to deal with a full plate of workshop items after we deal with Heritage Bay. But it's certainly worth starting the workshop and maybe, if we can't get it finished, we can decide what to do when we see that's the case. MS. JENKINS: And maybe we could ask the County Attorney how long it would take to go through those items. MR. KLATZKOW: It depends on the questions. CHAIRMAN FRYER: Yeah. MR. KLATZKOW: I mean -- COMMISSIONER KLUCIK: Remember, I'm going to be there. MR. KLATZKOW: Hours and hours and hours. Look -- COMMISSIONER SCHMITT: Wait a minute. Four attorneys now. COMMISSIONER HOMIAK: One hour each. CHAIRMAN FRYER: Let's think of the court reporter now. MR. KLATZKOW: I believe in brevity. I mean, I think the human attention span is only so long. But I will be handing out materials prior to it and then briefly covering them. CHAIRMAN FRYER: Okay. Would it be appropriate to ask the members of the Planning Commission to send, I don't know, either Ms. Jenkins or the County Attorney specific issues that they would like addressed so that we're sure that we don't omit anything? So far all we've got is legislative versus quasi judicial, I think. And I know I've got two or three that I'd like to -- MS. JENKINS: Also, the criteria to review your petitions was asked by Commissioner Vernon. CHAIRMAN FRYER: Yes, yes. MR. KLATZKOW: Well, that's quasi-judicial. By all means, just -- if you can send me a one-way communication as to what you'd want to hear, we'll put something together for you. If you want to do it January 7th, that's plenty of time. CHAIRMAN FRYER: Perfect, thank you. We'll certainly start it, then, on January 7. Maybe complete it. All right. Is there any new business -- any other new business? Ms. Jenkins, is that all you had, or you had more? MS. JENKINS: That's all. COMMISSIONER KLUCIK: I just have my items, but I don't know what they fall under. CHAIRMAN FRYER: Oh, let's do it now, Commissioner Klucik. Thank you. COMMISSIONER KLUCIK: Ms. Jenkins, if you could come up. I just wanted to go ahead and congratulate Anita Jenkins on her promotion. And I also wanted to explain that and thank you and thank Ray Bellows and all of your staff for helping me feel more comfortable with, you know, your processes, your staff, how we operate, to become more knowledgeable, you know, for this. But I definitely wanted to congratulate you on your promotion, and I really have appreciated working with you. (Applause.) CHAIRMAN FRYER: I echo that. Thank you. Thank you. Anything else under -- COMMISSIONER KLUCIK: Yes, yes. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: I also wanted to go ahead and -- Attorney Klatzkow, you have always answered my calls promptly and been very good in helping me -- you know, when I have questions, helping me resolve those and giving me information that I need, and I appreciate that very much, and I just wanted to go ahead and thank you for that out loud. Packet Pg. 27 COMMISSIONER FRY: Robb, is Mr. Klatzkow one of the 1 percent or the 99 percent? COMMISSIONER KLUCIK: Yeah. It's always -- you know, it's always a mystery. There's so many attorneys that we can all like to think that we're in the 1 percent. COMMISSIONER FRY: He's definitely in the 1 percent, I will say. COMMISSIONER KLUCIK: And then I wanted to go ahead and -- you know, I celebrate Christmas and, of course, I celebrate New Years, but I know people celebrate all, you know, various holidays around town. I want to wish everybody a Merry Christmas and a Happy New Year, and I'm sure, you know, everyone has those warm sentiments this time of year, and I just wanted to express those out loud. CHAIRMAN FRYER: Thank you, Commissioner. Anything else? (No response.) CHAIRMAN FRYER: Okay. Anything from anyone else at this point? (No response.) CHAIRMAN FRYER: All right. I would like to add an expression of Happy Holidays and Blessed Seasons Greetings to all, whatever your religion may be, if any; that you will use the time to contemplate and be spiritual, if that's appropriate, and hope you have a wonderful holiday season. Thank you for everything you've done for us in 2020. It's been very greatly appreciated. We're well staffed, we are well served by an excellent group of people, and I just want to say that to everyone. And, without objection, we're adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:18 a.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Packet Pg. 28 9.A.1 01/21/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Item Summary: *** Note: This item has been continued from the December 17, 2020 CCPC Meeting to the January 21, 2021 CCPC Meeting, and further continued to the February 4, 2021 CCPC Meeting *** PL20190002416: A Resolution of the Collier County Board of County Commissioners amending the Town of Ave Maria Stewardship Receiving Area (SRA) to revise the SRA town plan and master plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and specifically to: increase the civic uses from 148,500 to 350,000 square feet to accommodate a hospital use to add 40,400 square feet of mini -warehouse in Town Center 3; redesignate 5f acres of services district to Town Center 3; to add Appendix G, deviations to provide for a signage deviation for an off -premises sign outside of the SRA boundary and a maximum lot size deviation for multi -family development; and add a vehicular trip cap based on existing permitted uses. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Coordinator: James Sabo, Principal Planner] Meeting Date: 01/21/2021 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 01/04/2021 5:44 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 01/04/2021 5:44 PM Approved By: Review: Zoning Diane Lynch Review Item Skipped 12/16/2020 11:07 AM Planning Commission Diane Lynch Review item Skipped 12/16/2020 4:48 PM Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped Public Services Department Diane Lynch Review Item Skipped 12/16/2020 4:48 PM Zoning Diane Lynch Additional Reviewer Skipped 12/16/2020 4:48 PM Zoning Diane Lynch Review Item Skipped 12/16/2020 4:48 PM Planning Commission Edwin Fryer Meeting Pending 01/21/2021 9:00 AM Packet Pg. 29 9.A.2 01/21/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Item Summary: PL20190001387 Meridian Landing GMPA - An Ordinance amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element to amend the Bayshore/Gateway Triangle Redevelopment Overlay to allow up to 127 multi- family residential dwelling units in the Camden Landing Residential Planned Unit 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 Bayshore Drive and Thomasson Road, in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 9.93f acres. [Companion Item PL20190001364] [Coordinator: Sue Faulkner, Principal Planner] Meeting Date: 01/21/2021 Prepared by: Title: Planner, Principal — Zoning Name: Sue Faulkner 01/04/2021 5:01 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 01/04/2021 5:01 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 01/05/2021 5:57 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed Zoning Ray Bellows Review Item Completed 01/06/2021 5:42 PM Zoning Anita Jenkins Additional Reviewer Completed 01/08/2021 6:02 PM Planning Commission Edwin Fryer Meeting Pending 01/21/2021 9:00 AM Packet Pg. 30 9.A.2.a COLLIER COUNTY GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT MERIDIAN LANDINGS PL201900013 87/CPS S-2019-09 RD PROJECT LOCATION (ADOPTION HEARINGS) PROJECT COMPANION: PL20190001364 CCPC: October 1, 2020 BCC: November 10, 2020 Packet Pg. 31 9.A.2.b Co e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: JANUARY 21, 2021 RE: PETITION PL20190001387/ CPSS-2019-09, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT MERIDIAN LANDINGS (Companion to PUDZ-PL20190001364) [ADOPTION HEARING] ELEMENT: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT/OWNER(S): Agents: D. Wayne Arnold, AICP Q Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esquire Coleman, Yovanovich, & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Kevin King KHD Development General Partnership PO Box 110062 Naples, FL 34108 Owners KHD Development General Partnership PO Box 110062 Naples, FL 34108 Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Paget of 8 Packet Pg. 32 9.A.2.b GEOGRAPHIC LOCATION: The subject property comprises ±9.93-acres and is located within the Bayshore/Gateway Triangle Redevelopment Overlay at the northeast corner of Bayshore Drive and Thomasson Road, in Section 14, Township 50 South, Range 25 East. Project o LocationDIN r m �hnmason DR REQUESTED ACTION: The applicant proposes a small-scale (text -only) Comprehensive Plan amendment to allow 127 multi -family residential dwelling units in the Camden Landing Residential Planned Unit Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 2 of 8 Packet Pg. 33 9.A.2.b Development within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element (FLUE). SURROUNDING LAND USE, ZONING, AND FUTURE LAND USE DESIGNATION: Subiect Property: The subject 9.93-acre site is undeveloped and is designated on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) as Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict and is within the B/GTRO. The subject site is zoned RPUD-BMUD-R2 (Residential Planned Unit Development (Cirrus Pointe)-Bayshore Mixed -Use District -Residential 2). The Future Land Use designation of Urban Mixed -Use District is intended to accommodate a variety of residential and non-residential land uses, including mixed -use developments such as Planned Unit Developments (PUDs). The purpose of the Urban Coastal Fringe Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The subject site is surrounded by residential developments to the north, east, and west (across Bayshore Drive). Surrounding Land Uses: North: Immediately to the north of the subject site is land designated by the FLUE as Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict and is within the B/GTRO. The land is zoned as Pinebrook Lakes PUD, an apartment complex developed with 160 units. Further to the north is zoned Botanical Place PUD, a complex developed with 218 multi -family dwelling units. East: Immediately adjacent to the east of the subject site is land designated on the FLUM as Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict and the parcels are developed residential multi -family properties zoned RMF-6 (6 dwelling units per acre). These parcels are not included in the B/GTRO. South: Immediately adjacent to the south is Thomasson Drive. Across Thomasson Drive the FLUE designates this area to the south as Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict and is within the B/GTRO. This area to the south is zoned RMF-6-BMUD-R2, C-5-BMUD-NC, and C-3-BMUD-NC; this zoning will allow for a mixture of residential and commercial uses and is currently developed. Land to the southwest of the subject site (across Thomasson Drive and Bayshore Drive) is designated by the FLUE as Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict, and is within the B/GTRO; zoned and developed as the Naples Botanical Gardens PUD. West: Immediately adjacent to the west the FLUE designates land as Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict and is within the B/GTRO; this previously developed land is zoned RPUD-BMUD-NC Mattamy Homes PUD, which is approved for 276 residential dwelling units. Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 3 of 8 Packet Pg. 34 9.A.2.b STAFF ANALYSIS: Background and Considerations: The FLUE currently designates this undeveloped property as the Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict. The subject site is zoned Cirrus Pointe RPUD. Cirrus Pointe RPUD, previously approved, used affordable housing credits to allow for a maximum of 108 residential multi -family dwelling units (10.89 DU/A). The purpose of this GMPA application is to amend the text in the FLUE's Bayshore/Gateway Triangle Redevelopment Overlay to add Paragraph #13 and amend text in Paragraph 411. Paragraph #13 will allow a maximum of up to 127 market -rate multi -family residential dwelling units (in the Camden Landing RPUD — companion petition rezoning the subject site from Cirrus Pointe RPUD to Camden Landing RPUD), limited to townhouse and condominiums at the subject site. The 127 dwelling units would be achieved through the utilization of 97 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment Overlay and 30 base dwelling units for which the site qualifies. Developing the maximum of 127 dwelling units would result in a density of 12.8 DU/A. No rental apartments shall be permitted. The Bayshore/Gateway Triangle Local Redevelopment Advisory Board has recommended approval of this project with this density. Compatibility: Given the residential nature of this area (adjoining on the northern and eastern boundary of the subject property); the requested residential use and requested companion rezoning the site for Camden Landing RPUD are compatible residential uses. Allowable land uses in Urban, Urban Mixed -Use District, Urban Coastal Fringe Subdistrict such as residential uses, and other uses related to residential land uses are generally allowed in the Urban designation. During the rezone process, each such use shall be reviewed to determine if it will be compatible with existing and approved land uses. The site is bound on the western property line by Bayshore Drive and further west is approved for residential dwelling units; and beyond the subject site's eastern and northern property lines lies developed residential properties. The southern property line abuts Thomasson Drive and across the roadway are commercial properties and further to the south are residential properties; to the southwest lies the Naples Botanical Gardens and then residential properties. Therefore, the surrounding area is largely residential uses. Staff s opinion is that the requested residential uses are compatible with the land to the east, west, and north of the subject site. The requested residential use will create a similar use to the previously approved use on this site (Cirrus Pointe). Justifications for Proposed Amendment: The applicant discussed with the Bayshore CRA Advisory Board what type of housing they would prefer to see at this location (the stated preference for development of the subject vacant property is for market -rate, for sale dwelling units). However, the recently approved amendments to the Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 4 of 8 Packet Pg. 35 9.A.2.b Future Land Use Element of the Growth Management Plan do not make provisions for obtaining additional density for a residential project on a vacant undeveloped land parcel. The CRA has preferred to offer density bonuses to redevelopment as opposed to vacant land. The subject site was previously approved for 108 multi -family dwelling units of affordable housing with Cirrus Pointe RPUD. CRA staff, in support of the recently adopted amendments identified five parcels of land in the Bayshore/Gateway Triangle Redevelopment Area, which might be candidates for use of the density bonus units (there are 388 bonus units available from an agreement with the Naples Botanical Gardens and CRA). The identified properties are presently developed or have previously been developed and are now vacant. CRA Staff did not identify the subject property because of the previous approval of this site for Cirrus Pointe RPUD. The developer that had requested the approval of Cirrus Pointe RPUD is no longer interested in this development; therefore, the subject property is undeveloped, but clearly represents an infill development parcel. The subject property is an ideal location with very good proximity to urban infrastructure including roads, water and sewer. The infill property is within walking distance of many of the area amenities and services such as shopping, dining, public parks and the Naples Botanical Garden that would be especially desirable for market rate residential units. The CRA is supportive of this project building higher density that qualify for density pool credits for two reasons: The CRA would now prefer to see market -rate housing at this location and just six parcels to the north is the future site for the Cultural Arts Village of Bay Shore, currently under development. Market -rate housing should be a successful project with the Arts Village very close by. Identification and Analysis of the Pertinent Small -Scale Comprehensive Plan Amendment Criteria in Florida Statutes Chapter 163.3187: Process for adoption of small-scale comprehensive plan amendment. (1) A small-scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises ±9.93 acres.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. [This amendment includes a site - specific text change only to the Comprehensive Plan.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 5 of 8 Packet Pg. 36 9.A.2.b Commission pursuant to s. 380.05(1). [The subject property is not located within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. [This amendment preserves the internal consistency of the plan and is not a correction, update, or modification of current costs which were set out as part of the comprehensive plan.] Environmental Impacts and Historical and Archaeological Impacts: Collier County Environmental Planning, stated in the review, "The subject property is 9.93 acres The acreage of native vegetation on site has been field verified by staff during review of the Planned Unit Development (PUD) for the project. The project is currently zoned Cirrus Pointe PUD. The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on site will be retained in accordance with the requirements of the existing PUD, CCME Policy 6.1.1 and section 3.05.07 of the LDC." Public Facilities Impacts: Collier County Public Utilities Engineering & Project Management Division, stated in the review, "The project lies within the City of Naples potable water service area and south wastewater service area of the Collier County Water -Sewer District (CCWSD). Wastewater service is readily available via connection to existing infrastructure within adjacent right-of-way. Sufficient wastewater treatment capacity is available. The City of Naples Utilities Department furnished a letter of water service availability on July 15, 2019. Adequate downstream wastewater system capacity must be confirmed at the time of development permit (SDP or 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. 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 utilities acceptance." Transportation Impacts: Collier County Transportation Planning completed the review and approved this petition without any conditions. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM), as required by Land Development Code (LDC) Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 6 of 8 Packet Pg. 37 9.A.2.b Section 10.03.05 A, was duly advertised, noticed, and held on July 20, 2020, 5:30 p.m. at the Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 34104. This NIM was advertised, noticed, and held jointly for this small scale GMP amendment and the companion Planned Unit Development Rezone (PUDR) petition. The applicant's team gave a presentation and then responded to questions. See applicant's NIM notes included in this GMPA packet. A total of approximately 3 members of the public attended in person, 2 members of the public attended virtually plus the CEO of the Botanical Garden, along with approximately 3 members of the applicant's team, 2 County staff and 1 Bayshore CRA staff attended the NIM. The consultant explained that there were two separate applications: a small-scale amendment for the Growth Management Plan (amending the text of the Bayshore/Gateway Triangle Redevelopment Overlay in the Future Land Use Element) and a zoning action for a Planned Unit Development Rezone (rezone to a new PUD from Cirrus Pointe PUD to Camden Landing RPUD). The public asked questions about the project details, especially about intensity increases and the building height for this project. The meeting ended at approximately 5:55 p.m. [synopsis prepared by Sue Faulkner, Principal Planner, Comprehensive Planning Section] PUBLIC CORRESPONDENCE RECEIVED BY STAFF: Comprehensive Planning staff received no correspondence of objection/concem. FINDING AND CONCLUSIONS: • The reason for this GMPA and companion PUDR zoning petition is to allow and permit, a maximum of 127 market -rate multi -family residential dwelling units using 99 density bonus pool credits and rename the RPUD project from Cirrus Pointe to Camden Landing RPUD. • There are no adverse environmental impacts as a result of this petition. • No historic or archaeological sites are affected by this amendment. • There are no public infrastructure concerns as a result of this petition. • The site's uses will create minimal impact on the surrounding area. • The use is generally compatible with surrounding development based upon the high-level review conducted for a GMP amendment. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney's Office on January 4, 2021. The criteria for GMP text amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and 163.3177(6)(a)2, Florida Statutes. [HFAC] Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 7 of 8 Packet Pg. 38 9.A.2.b STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20190001387/CPSS-2019-09 to the Board of County Commissioners with a recommendation to approve (adopt) and transmit to the Florida Department of Economic Opportunity. [REMAINDER OF PAGE INTENTIONALLY BLANK] Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 Page 8 of 8 Packet Pg. 39 9.A.2.c ORDINANCE NO.21- 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 BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY TO ALLOW UP TO 127 MULTI -FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESIDENTIAL PLANNED UNIT 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 BAYSHORE DRIVE AND THOMASSON ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.93f ACRES. [PL20190001387] WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, KHD Development Limited Partnership requested an amendment to the Future Land Use Element; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small -Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and [19-CMP-01063/1591334/1137 PL20190001387/Meridian Landing Words underlined are additions; Words struck through are deletions. Page 1 of 3 12/29/20 * * * * * * * * * * * * are a break in text Packet Pg. 40 9.A.2.c WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text and map amendment are attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [19-CMP-01063/1591334/1]37 PL20190001387/Meridian Landing Words underlined are additions; Words struck through are deletions. Page 2 of 3 12/29/20 * * * * * * * * * * * * are a break in text Packet Pg. 41 9.A.2.c PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: Heidi Ashton-Cicko �v Managing Assistant County Attorney Attachment: Exhibit A —Text [19-CMP-01063/1591334/1137 PL20190001387/Meridian Landing Words underlined are additions; Words struck through are deletions. Page 3 of 3 12/29/20 * * * * * * * * * * * * are a break in text Packet Pg. 42 9.A.2.c EXHIBIT A FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** TEXT BREAK V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** *** *** TEXT BREAK F. Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above and paragraph no. 13 below. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens' sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within the "mini triangle" are not required to utilize this density bonus pool. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 13. The 9.93± acre Camden Landing Residential Planned Unit Development (RPUD) property located on the northeast corner of Bayshore Drive and Thomasson Road in Section 14 Township 50 South Range 25 East and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Maw shall be allowed up to 127 market rate multifamily dwelling units limited to townhouse and condominiums. No rental apartments shall be permitted. The maximum density allowed shall be 12.8 dwelling units per acre for a maximum of 127 dwellingunits nits (achieved through the utilization of 97 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment Overlay and 30 base dwelling units for which the site qualifies). A maximum of ninety- seven (97) density bonus pool units as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If after seven (7) years any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. Page 1 of 1 Words underlined are added; words stFUsk-through are deletions Packet Pg. 43 9.A.2.d Meridian landing Mixed Use Subdistrict GMPA (PL20190001387) Application and Supporting Documents January 21, 2021 CCPC Hearing w GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.e( Packet P j. 44 GradyMinor 9.A.2.d Civil Engineers • Land Surveyors • Planners • Landscape Architects October 7, 2019 Mr. David Weeks Principal Planner Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Growth Management Plan Amendment Application Meridian Landing (GMPA) (PL20190001387), Submittal 1 Dear Mr. Weeks: A Collier County Growth Management Plan Amendment (GMPA) application for properties located on the northeast quadrant of Thomasson Drive and Bayshore Drive is being filed electronically for review. This application proposes to amend the Future Land Use Element to add specific standards for the Meridian Landing RPUD, which will encompass 9.93± acres located on the northeast quadrant of Thomasson Drive and Bayshore Drive. The application proposes to permit through utilization of base density and bonus pool units, a maximum of 127 market -rate for sale multifamily dwelling units. The proposed small-scale amendment modifies the existing text of the Future Land Use Element, Bayshore/Gateway Triangle Redevelopment Overlay to establish specific density and unit allocations for the subject infill parcel. The GMPA is supported with a companion PUD rezone, which establishes the specific development standards for the proposed uses, and a Master Plan for development of the 9.93± acre property. Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: KHD Development General Partnership Richard D. Yovanovich GradyMinor File Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph.239-947-1144 Fax.239-947-0375 EB 0005151 LB 0005151 LC 26000266 www.gradyminor.com Packet Pg. 45 9.A.2.d APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATOIN NUMBER: PL20190001387 PRE -APPLICATION CONFERENCE DATE: DATE SUFFICIENT: DATE RECEIVED: June 19, 2019 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252- 2400. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant Kevin King Company KHD Development General Partnership Address PO Box 110062 City Naples State FL Zip Code 34108 Phone Number (239) 825-7279 Email Address awardebera@headwaters- development.com Name of Agent * D. Wayne Arnold, AICP • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Q. Grady Minor & Associates, P.A. Address 3800 Via Del Rev City Bonita Springs State Florida Zip Code 34134 Phone Number 239-947-1 144 Fax Number 131 . Name of Agent * Richard D. Yovanovich, Esq. • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Coleman, Yovanovich & Koester, P.A. Address 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 C. Name of Owner (s) of Record KHD Development General Partnershi Address PO Box 110062 City Naples State FL Zip Code 34108 Phone Number (239) 825-7279 Email Address gwardebera@headwaters- development.com D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. See Exhibit I.D. Packet Pg. 46 9.A.2.d II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N.A. B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock N.A. C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest N.A. D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership KHD Development General Partnership 100% KM Development Corp, PO Box 110062, Naples, FL 34108 33% Kevin King, Director, President - ??% Justin Ladha, Vice President - ??% Greg Wardeberg, Vice President - ??% Marsha Burke, Secretary - ??% Hatcher Development Corp, PO Box 110062, Naples, FL 34108 33% Paul Hatcher, Director, President - ??% Greg Wardeberg, Vice President - ??% Dobbin Development LLC, 4501 Gulf Shore Blvd. N., Suite 902, Naples, FL 34103 33% Kevin King, Manager - ??% Basil Dobbin, Manager - ??% Packet Pg. 47 9.A.2.d E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address N.A. Date of Contract: Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N.A. G. Date subject property acquired (04/16/2018) leased (): Term of lease yrs./mos If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION Lot 103, Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. B. GENERAL LOCATION Northeast auadrant of Thomasson Drive and Bayshore Drive C. PLANNING COMMUNITY East Naples D. TAZ 288.1 E. SIZE IN ACRES 9.93± F. ZONING Cirrus Pointe RPUD (Ord. 5-63) G. SURROUNDING LAND USE PATTERN Residential, Commercial and School H. FUTURE LAND USE MAP DESIGNATION(S) Urban Designation, Mixed Use District, Urban Coastal Frinqe Subdistrict, Bayshore/Gateway Trianqle Redevelopment Overlav and within the Coastal High Hazard Area IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Traffic Circulation Sub -Element Aviation Sub -Element Sanitary Sewer Sub -Element Solid Waste Sub -Element Capital Improvement Element X Future Land Use Element Recreation/Open Space Mass Transit Sub -Element Potable Water Sub -Element NGWAR Sub -Element Drainage Sub -Element CCME Element Golden Gate Master Plan Packet Pg. 48 9.A.2.d Immokalee Master Plan B. AMEND PAGE (S) 144 OF THE Future Land Use ELEMENT AS FOLLOWS: (Use ST'+,Tto identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM N.A. TO N.A. D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Bayshore/Gateway Triangle Redevelopment Overlay (no page # shown on map). See Exhibit IV.D E. DESCRIBE ADDITINAL CHANGES REQUESTED: N.A. V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I"=400'. At least one copy reduced to 8- 1/2 x 1 1 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A. Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit V.B. Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT- FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. Exhibit V.C. Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference F.A.C. Chapter 163-3177 and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1 . INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-1 1.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Packet Pg. 49 9.A.2.d Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-1 1.006(1)(a)7.a, F.A.C.) Y/N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1) (c), F.S. ? (Reference 9J-1 1.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. N/N Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1 1.007, F.A.C.) Exhibit V.D Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments E. PUBLIC FACILITIES 1 . Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E. Potable Water Exhibit V.E. Sanitary Sewer Exhibit V.E.1 Arterial & Collector Roads; Name specific road and LOS Bayshore Drive Thomasson Drive Exhibit V.E. Drainage Exhibit V.E. Solid Waste Exhibit V.E. Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E. Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). N.A. Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N.A. Traffic Congestion Boundary, if applicable Packet Pg. 50 9.A.2.d Exhibit V.B Coastal Management Boundary, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION N.A. $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Provided $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Exhibit V.G3 Proof of ownership (copy of deed) Exhibit V.G4 Notarized Letter of Authorization if Agent is not the Owner (See attached form) Submitted Electronically 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * If you have held a pre -application meeting and paid the pre -application fee of $250.00 at the meeting, deduct that amount from the above application fee amount when submitting your application. All pre -application fees are included in the total application submittal fee. Otherwise the overage will be applied to future proportionate share advertising costs. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1 "=400' or at a scale as determined during the pre -application meeting. Packet Pg. 51 9.A.2.d LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Signed: Date: Kevin King as of KHD Development General Partnership I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. Signature of Applicant Kevin King as of KHD Development General Partnership STATE OF COUNTY OF Sworn to and subscribed before me this day of 2019 1 Notary Public CHOOSE ONE OF THE FOLLOWING: who is personally known to me, who has produced and did take an Oath did not take and Oath MY COMMISSION EXPIRES: as identification NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of %500.00 and/or maximum of a sixty day jail term." Packet Pg. 52 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit I.D. Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 239.947.0375 fax warnold@gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 fax ryovanovich@cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7t" Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com Environmental: Jeremy Sterk, CEP Earth Tech Environmental, Inc. 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 jeremys@eteflorida.com July 11, 2019 M GradyMinor Page 1 of 1 MLPA-19 Exhibit ID.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, Ft, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.con Packet Pg. 53 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit W.B. Amendment Language Add text on page 144 of the Future Land Use Element V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** Text break F. Bayshore/Gateway Triangle Redevelopment Overlay [beginning page 97] *** *** *** *** *** [beginning page 142] *** *** *** *** *** Text break *** *** *** *** *** 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above and paragraph no. 13 below. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. Projects within the "mini triangle" are not required to utilize this density bonus pool. *** *** *** *** *** Text break *** *** *** *** *** 13. The 9.93± acre Camden Landing Residential Planned Unit Development (RPUD) property located on the northeast corner of Bayshore Drive and Thomasson Road in Section 14, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be allowed up to 127 market rate multifamily dwelling units, limited to townhouse and condominiums. No rental apartments shall be permitted. The maximum density allowed shall be 12.8 dwelling units per acre for a maximum of 127 dwelling units (achieved through the utilization of 97 dwelling units from the existing density bonus pool established within the Bayshore/Gateway Triangle Redevelopment Overlay and 30 base dwelling units for which the site qualifies). A maximum of ninety- seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. November 27, 2019 W GradyMinor Page 1 of 1 MLPA-19 Exhibit IVB Proposed GMP Language-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, Fl, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.co Packet Pg. 54 n Ueiipiaaw LOU000660Z-1d tiV9ti4) do)loe8 OdOO LZOZ LZ Aienuer L8£LOOMOZld £0 :;ugwLl3e;;d Cj O_ �U' Cg U) Qo�oo z ci z m o Wa�a Z �yP J a mp mop j� w dw Y O_ 70 u¢a Zo poNw�S i zw iO R waQ }z LL- d Q a m �mWmm aWpOfLu2 K x w m Q 1' W w> Z W U O r2 O N m H K O Y� J} oo� O Z N w 0 .. u O foi 1 F O O LL N K0: J m Z g 2 w zw Li J a m� W J W ciG20 ioo Fo O w O rn NLL p O a LL z> ai O 2 >mOU IL LL y d'd' F- N 2w LL C9 C1 zz z z F } y y y W zyzxx w>W mN W w �z�zL 0n >O n i i rn0n 0n O a N O O N O Z Q N O N O I Z r w p) o w O 04 j z LLJ ®p O - -i m 74 lf'wt r, ZONED: RMF-6 ++ USE: RESIDENTIAL 1�• V/' Q J p0 O c=i N N � p N _ O LL Z W LL w Y y vw z� . I ! O Q mZ u1 W '' '. I c>v LU � zo FT ma �0 moLu d` a60 Zui Z s ON; N - _ _ - �---___•.. 'ice` BAYSHORE DRIVE ZONED: MATT AMY HOMES RPUD i z USE: RESIDENTIAL O j E m LL w Lu N J r - ►'i ¢IU a "I zoLi Lu 00 z Q �ILL o il�lx d o N M .. r. I i yr ue"PPOw L8£1.000 OZ-1d titi9ti6) do)loe8 OdOO 6ZOZ 6Z Ajenue 18£60006WZ-1d £0 :4u8uay31244V :1/11 N Lo Q o aI a; a w a r 7 C1 f0 a T 46S I T47S I T48S f 585 I T51S I T52S I T53S a�o0 li i o 0 3 �91 $mg- sggs 0011011 JIIE-1a100®10®O =a, 1 1��1f11001111 € � Oo®®��g 1111 �I�LI111�1 a cc rc I /, I r'� AW N ;.c � gwisg uv� �a Ln N = Up �dwQx m ° 0 LL a N Z we ? N Q 'o orc U — CD d IN W h �.'rz I.L U FLLUy W � OFwyWy D � Z J Q F°�� LL o LL ... J >- 0 (3 uj Q z LU H Q E LW i (AmHo'O w zQ g �w Q ^ti Q0m� � Z w=z _jw— w CO q o w 0 =w w r� � m 0 a 0 0 0 0 ue"P!Jaw L8£1.00MOZ-1d : titi9ti6) do)loe8 OdOO 6ZOZ 6Z Ajenue LOU0006M-ld £0 :wOWL13ya y :1110 co N ui �' 11') �a MJ N�Jda A1Nnoo z w qIT A W W Z +I /Q W V a j II W J _ W Q J ct)Z W Of cgmHWO o a w W CD zQ Q � Z d = Z �j LLj w q Q LJ =w W r� m a 114 9.A.2.d r MERIDIAN LANDINGS (F.K.A. CIRRUS POINTE) Environmental Data for PUDR SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division Cater County 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: Envronnwnti 1, LLC January 6, 2020 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Packet Pg. 60 9.A.2.d Environmental Data for PUDR EXHIBITS Figure 1 Location Map Figure 2 FLUCCS Map Figure 3 Site Plan with Preserve Figure 4 Black Bear Map APPENDICES APPENDIX A: Collier County PUDR Pre-App Notes APPENDIX B: Earth Tech Environmental Staff Qualifications APPENDIX C: Protected Species Survey APPENDIX D: Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 61 Environmental Data for PUDR 9.A.2.d INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Planned Unit of Development -Rezone (PUDR) forthe Meridian Landings parcel (formerly known as Cirrus Pointe) (Subject Property). This information is in response to the items in the PUDR Pre -Application Notes as provided by Collier County (see Appendix A). PROPERTY LOCATION The Subject Property consists of a single parcel (Folio # 61840560008). It is located on the northeast corner of the intersection of Thomasson Drive and Bayshore Drive in Collier County. According to the project engineer, the Subject Property totals approximately 9.93 acres. See Figure 1 below for a location map. W A4lAHA�B ■JAG[SO? -Lv r A ORL ■ f�EAftWATER _VAiEyi PETERSBURG i r APE CORM COLLIER `. COUNTY Figure 1. Location Map ENVIRONMENTAL DATA CHECKLIST See pages 5-8 of Collier County Pre-App Notes 2. 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. Please include revision dates on resubmittals. • This Environmental Data Report was prepared by Ecologists from Earth Tech Environmental, LLC. See Appendix B for qualifications. Earth Tech Environmental, LLC 3 www.eteflorida.com Packet Pg. 62 9.A.2.d Environmental Data for PUDR S. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. • See engineer plan set for specifics regarding the stormwater management system. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on the 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. No bald eagles or other listed species were identified on the Subject Property. See Appendix C for Protected Species Survey. 8. Provide a survey for listed plants identified in 3.04.03 • No listed plants were identified on the Subject Property. See Appendix C. 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 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. • N/A; no listed species were identified on the Subject Property. 11. 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. a. Provide descriptions of each FLUCFCS code. Provide calculations for each acreage of native vegetation required to be retained on -site. a. Demonstrate on map. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 63 9.A.2.d Environmental Data for PUDR b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. See Figure 2 and Table 2 below for a FLUCCS Map and corresponding descriptions. The native vegetation requirement was established by Ordinance 05-063 and was calculated as 25% of 7.25 acres = 1.81 acres. See Figure 3 for Site Plan with Preserve. Figure 2. FLUCCS Map TABLE 2. ACREAGE PER FLUCCS COMMUNITY FLUCCS CODE DESCRIPTION ACREAGE UPLANDS/WETLANDS EXISTING NATIVE VEGETATION? 411-E2 Pine Flatwoods (26-50% Exotics) 4.53 UPLANDS Yes 411-E4 Pine Flatwoods (>75% Exotics) 4.31 UPLANDS No 411H-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.14 WETLANDS Yes 510 Canal 0.03 OTHER SURFACE WATERS No 740 Disturbed Lands 0.35 UPLANDS No 814 Roadway 0.56 UPLANDS No Site Total: 9.93 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 64 9.A.2.d Environmental Data for PUDR UPLAND COMMUNITY DESCRIPTIONS FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community makes up the majority of the property and is located in the central, western, and southern areas of the Subject Property. The canopy consists of scattered slash pine (Pinus elliotti) and cabbage palm (Saba) palmetto); exotic vegetation consists of moderate earleaf acacia (Acacia auriculiformis) and melaleuca (Melaleuca quinquenervia). The mid -story is largely absent in this community. The groundcover consists of saw palmetto (Serenoa repens) recruitment, winged sumac (Rhus copallinum), greenbriar (Smilax spp.), grapevine (Vitis rotundifolia), and myrsine (Myrsine cubana); exotic vegetation consists of wedelia (Sphagneticola trilobata) closer to the road and moderate downy rose myrtle (Rhodomyrtus tomentosus). The ground appears to have been recently mowed. FLUCCS 411-E4. Pine Flatwoods (>75% Exotics This community is located along the northern boundary and the eastern third of the property. The canopy consists of live oak (Quercus virginiana) and slash pine; exotic vegetation consists of abundant earleaf acacia, java plum (Syzygium cumini), and Brazilian pepper (Schinus terebinthifolius). Groundcover and mid -story stratum are largely absent in this community. FLUCCS 740, Disturbed Land This community consists of a mowed easement running parallel to the canal near the eastern property line. FLUCCS 814, Roadways This community consists of the right-of-way and associated roadway ditch and sidewalk of Thomasson Drive. WETLAND COMMUNITY DESCRIPTIONS FLUCCS 411H-E3, Hydric Pine Flatwoods (51-75% Exotics) This community consists of a small area located in the southwestern corner of the Subject Property. The canopy consists of cabbage palm; exotic vegetation consists of moderate java plum, earleaf acacia, and melaleuca. Mid -story and ground vegetation consists of ragweed (Ambrosia artemisHfolia), dogfennel (Eupatorium capillifolium), and swamp fern (Telmatolechnum serrulatum); exotic vegetation consists of wedelia. OTHER SURFACE WATERS FLUCCS 510, Canal This community consists of a canal near the eastern property line. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 65 Environmental Data for PUDR 9.A.2.d Figure 3. Site Plon with Preserve 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1(13), if requested. • N/A 19. 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. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on 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. • N/A 24. 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) Earth Tech Environmental, LLC www.eteflorida.com 7 Packet Pg. 66 9.A.2.d Environmental Data for PUDR b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. The Collier County Environmental Reviewer specifically requested that Goals 6 & 7 of the CCME be addressed. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements. (The Policies under this Objective apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.) (XI) = Plan Amendment by Ordinance No. 2017-20 on June 13, 2017 Coastal High Hazard Area Non -Coastal High Hazard Area Residential and Less than 2.5 acres. 10% Less than 5 acres. 10% Mixed Use Development Equal to or greater Equal to or greater than 5 acres and less than 2.5 acres. 25% than 20 acres. 15% Equal to or greater than 20 acres. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the project Industrial District project site. site. only) The following standards and criteria shall apply to the vegetation retention requirements referenced above. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 67 Environmental Data for PUDR 9.A.2.d (1) For the purpose of this Policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this Policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this Policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this Policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. • The proposed development will fall under the category "Residential and Mixed Use" above in a "Coastal High Hazard Area." It is between 5-20 acres, therefore requiring 25% native vegetation to remain. The project is proposing to preserve 1.81 acres. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. (V) Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this Element. e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. • The preserve incorporates the only wetland on the property and meets the appropriate selection criteria. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). State and federal management plans consistent with the Earth Tech Environmental, LLC www.eteflorida.com 9 Packet Pg. 68 Environmental Data for PUDR 9.A.2.d requirements of the LDC will be accepted. • A Preserve Management Plan will be included with the first development order. (8) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. • N/A Policy 6.1.4: Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Petitioners for site plan or plats shall submit and implement plans for invasive exotic plant removal and long-term control. (2) The petitioners for development permits shall prepare and submit native vegetation maintenance plans, which describe specific techniques to prevent re - invasion of the development site by prohibited exotic vegetation of the site in perpetuity. Policy 6.1.6: The minimum native vegetation retention requirements of CCME Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use was approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, RuralAgricultural; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on -site expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/- 360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Earth Tech Environmental, LLC www.eteflorida.com 10 Packet Pg. 69 Environmental Data for PUDR 9.A.2.d • See native vegetation narrative provided under the native vegetation section above. Policy 6.1.8: An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. The County's land development regulations shall establish the criteria for determining the type of proposed development requiring an EIS, including the size and nature of the proposed development, the location of the proposed development in relation to existing environmental characteristics, the degree of site alterations, and other pertinent information. • See this document. Policy 6.2.1: Wetlands identified by the current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. For a proposed project identified on this map series, the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this Element, at the time of Environmental Resource Permitting. • No wetland impacts are occurring onsite, so no mitigation is required. All onsite wetlands will be preserved. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. Policy 7.1.1: Incompatible land uses are directed away from listed species and their habitats by the following mechanisms: (1) Conservation Designation on the Future Land Use Map The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have high wildlife value. The allowed land uses specified in the FLUE's Conservation Designation will accommodate limited residential development and future non-residential development. These limitations help direct many incompatible land uses away from listed species and their habitats contained in this Future Land Use Designation. (Reference FLUE: Future Land Use Designation, Description Section.) Earth Tech Environmental, LLC www.eteflorida.com 11 Packet Pg. 70 Environmental Data for PUDR 9.A.2.d (2) Big Cypress Area of Critical State Concern Overlay (ACSC) The land development regulations contained in the ACSC Overlay district provide standards that facilitate the goal of directing incompatible land uses away from listed species and their habitats. (Reference FLUE: Future Land Use Designation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. (Reference CCME: Objective 1.3.) These areas describe large, intact and relatively unfragmented habitats important for many listed species. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Sending Lands (Transfer of Development Rights): Sending Lands are those lands that have a high degree of environmental value and sensitivity and generally include wetlands, uplands, and habitat for listed species. Due to their high environmental value, Sending Lands are targeted for preservation and conservation either through acquisition or through incentives for private property owners. Privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. Allowable land uses within Sending Lands are specified in the FLUE: Future Land Use Designation, Description Section, B, Rural Fringe Mixed Use District. These limitations help direct many incompatible land uses away from listed species and their habitats. (5) Habitat Stewardship Areas (HSAs) Listed animal and plant species and their habitats shall also be protected through the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. HSAs are privately owned agricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat and help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits resulting in the elimination of incompatible uses and the establishment of protection measures. (Reference FLUE: RLSA Overlay.) (6) All other policies supporting Objective 7.1 of this Element. N/A; no listed species have been identified on the Subject Property. See Appendix C, Protected Species Survey. Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed Earth Tech Environmental, LLC www.eteflorida.com 12 Packet Pg. 71 Environmental Data for PUDR 9.A.2.d away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. • No listed species have been identified on the Subject Property. See Appendix C for Protected Species Survey. (2) Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicates listed species or the protected species identified below are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Management plans for new preserves shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain habitat within the preserve for listed species and those protected species identified below. • N/A (a) Management plans for new preserves shall incorporate proper techniques to protect listed species, and those protected species identified below, and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. (b) For parcels containing gopher tortoises (Gopherus polyphemus), habitat management plans are required and shall give priority to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. • No gopher tortoise burrows or evidence of gopher tortoise were observed on the Subject Property. (c) Habitat preservation plans for the Florida scrub jay (Aphelocoma coerulescens) are required and shall provide for a maintenance program and specify appropriate fire or mechanical protocols to maintain the natural scrub community. Earth Tech Environmental, LLC www.eteflorida.com 13 Packet Pg. 72 9.A.2.d Environmental Data for PUDR • N/A (d) For the bald eagle (Haliaeetus leucocephalus), habitat management plans are required and shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. • N/A (e) For the red -cockaded woodpecker (Picoides borealis), habitat protection plans are required and shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. • No potential red -cockaded woodpecker cavities were observed on the Subject Property. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, management plans are required and shall require that garbage be placed in bear - resistant containers where such containers are available and accepted for use by Collier County, or containers stored in locations not easily accessible to bears. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Based on the latest available information provided by Florida Fish & Wildlife Conservation Commission (FWC), only two black bear related calls have been identified within 1-mile of the Subject Property since 2016. See Figure 4 below. Earth Tech Environmental, LLC www.eteflorida.com 14 Packet Pg. 73 Environmental Data for PUDR 9.A.2.d DAVIS ewo ' i9x t'8 9� a Kp 6 — C a - SUBJECT PROPERTY ■ I i q "a sa Neb. Rl r�wmetloni CrrrOom • • f ■ • ■ 2ft C—R0W rwWW M%4m�FnniYWA1Y�CannMlwn 6NC 0,91 ��I�n*II��III�Ii1�it.�,NVj1 l �r � f Q swian arooarn '' ••Y '� �r• ■ B�arx Bear Ra�81aC Cai[s IFVYC 2016.29161 - - C OLLI ■ FWC Black sear Range Florida (2016) Slack Saar Presence - ■ - ■ = nounoan; � ■ comrcAn M o asbna aam • ■ Figure 4. Black Bear Map (g) For projects located in Priority I and Priority II Panther Habitat areas, management plans are required and shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire -adapted preserved vegetative communities and provide browse for white-tailed deer. • The Subject Property does not fall within any USFWS designated Panther Habitat areas. See Appendix C, Protected Species Survey (Figure 7). (h) In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. Earth Tech Environmental, LLC www.eteflorida.com 15 Packet Pg. 74 Environmental Data for PUDR 9.A.2.d • N/A (i) The Management Plans shall contain a monitoring program for developments greater than 10 acres. • The Subject Property is less than 10 acres. Policy 7.1.3: Listed species within the Rural Lands Stewardship Area (RLSA) shall be protected pursuant to the RLSA Overlay policies within the Future Land Use Element. • N/A Policy 7.1.4: [re -numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] All development shall comply with applicable federal and state permitting requirements regarding listed species protection. • See Appendix C, Protected Species Survey. 26. Is EAC Review (by CCPC) required? • To be determined at First Review. 27. PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Type B or C Landscape Buffer (provide as Buffer commitment): 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. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside the preserve will be conveyed by owner to a homeowner's association or condominium association at the time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certification of occupancy. • See engineer's plan set Environmental PUDZ-PUDA Checklist (non-RFMU) See pages 9-10 of Collier County Pre-App Notes 1. Is the project in the 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 • Yes Earth Tech Environmental, LLC www.eteflorida.com 16 Packet Pg. 75 Environmental Data for PUDR 9.A.2.d 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.I. Application Contents #24). FLUCFCS Overlay -P627 • See Figure 2, FLUCCS Map above. 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 • See engineer's plan set and Figure 3 above. 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and rations permitted to be created on -site or mitigated off - site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-13; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation — P547 • See engineer's plan set. 5. Created and retained preserve areas shall meet the minimum width requirements pre LDC 3.05.07.H.1.b. Preserve Width — P603 • See engineer's plan set. 6. Retained preservation areas shall be selected based on 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 • See Figure 3 above, Site Plan with Preserve. 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site altercations, 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 • See engineer's plan set. 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 Earth Tech Environmental, LLC www.eteflorida.com 17 Packet Pg. 76 Environmental Data for PUDR 9.A.2.d • See Appendix B, Earth Tech Environmental Staff Qualifications. 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 • See PUD Document and Master Plan. 11. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable used 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: C. 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. • See environmental section of the PUD. 12. Site Plan note when Preserve acts as Landscape Buffer — COORDINATE WITH LANDSCAPE REVIEW. They will need to request this note be added if applicable. However, please verify the note provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. 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 the LDC section 3.05.07. • See PUD Master Plan Notes. 13. PUD Document shall identify any listed species found on the 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 no limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to the development of the first phase of the project. • No listed species have been identified on the property. Earth Tech Environmental, LLC www.eteflorida.com 18 Packet Pg. 77 9.A.2.d Environmental Data for PUDR /_IaaaZIIaL4Fe1 Collier County PUDR Pre-App Notes Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 78 Gamier County 9.A.2.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: _� t' 4 i) R Date and Time: Wednesday 6/19/19 1 : 30-GMPA, 2 : 30 Assigned Planner: Gil Martinez 2 Engineering Manager (for PPL's and FP's): =a Project Information 00 Project Name: Meridian Landings LD�4M PO& O o 0 PL#: 20190001364 0 N J Property lD #: 61840560008 Current Zoning: RPUD-BMUD-R2 a D.- Project Address:2801 Thomasson City; Naples State: FL Zip: 34112 Applicant: Sharon Umpenhour a Agent Name: .Grad Minor&Associates03Phone: 239-947-1I44 Bonita 3800 Via Del Rey city: Sprifse,. FL Zip34134 coAgent/FirmAddress: a U Property Owner: KHD Development Gen Ptnrshi12 N O N Please provide the following, if applicable: N L i. Total Acreage: 9 . 95 ii. Proposed # of Residential Units: 127 c ti 0 iii. Proposed Commercial Square Footage: c O iv. For Amendments, indicate the original petition number: o V. If there is an Ordinance or Resolution associated with this project, please indicate the T_ O � a type and number: _ M O� vi. if the project is within a Plat, provide the name and AR#/PL#: r E Updated 6/12/2019 Page 1 1 of 5 Packet Pg. 79 9.A.2.d Collier 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. Lr L E C r r LLJ /] r ` r , �y s u F s [cam t .>J . [' OF L1 L- L- J u - N`� r `7 r uO.< ry N� = /U If site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletonCc nanlesaov.com Allyson Holland AMHollandCo)naplesgov.com Robin Singer R5in4er(-7a naplescov.corn Erica Martin ernartin@naples_qov.co 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 treaded. It is the applicant's responsibility to provide all required data. Updated 6/12/2019 Page I -•Z'of 5 Packet Pg. 80 � GO[[ier COxnty 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 Forth is required for all applications. A copy of this new form is included in your pre-app Note - link is https://www.coIIiergov.net/Home/5howDocument?id=75093. jilmomg.4i PRKQ0 E W1 l t PIEAsf RAdre s5 C l r f}NC� M oA I5 6 4aJA 9, 160t d- E kl 6J �0 S ko �,•J Pre S Ery ES On] R J 1AC0-Jf- Proper41 E!� . o E ED F-41RF - Fq4 Vev+EvJ • - it o nU S - � � ,b, rt � � 4- Fi-n 0,h e i I J 7 If Site Is within the City of Naples Water service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletone.na lesgov.com Allyson Holland AMHolland@naalesgov.com Robin Singer RSinaer@naolesaov.com Erica Martin emartin na les ov.com 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 6/12/2019 -�R Page 12'of 5 Packet Pg. 81 ClarkeThomas 9.A.2.d From: MartinezGilbert Sent: Tuesday, June 18, 2019 8:50 AM To: ClarkeThomas Subject: FW: pre-App PL20190001364 Meridian Landings (PUDA) Tom, Please remind me to place this email as part of the Pre-App comments. Thank You. Gil Martinez Principal Planner 239-252-4211 Collier County Growth Management Division Exceeding Expectations. Every Day? NOTE: Email Address Has Changed 2800 Horseshoe Dr. N Naples, FL 34104 Phone: 239-252-42 l 1 From:OrthRichard Sent: Tuesday, June 18, 2019 &45 AM To: MartinezGilbert <Gilbert.Martinez@colliercountyfl.gov> Subject: pre-App PL20190001364 Meridian Landings (PUDA) bee- s Gilbert ti co I will not be attending this pre -application meeting as it is related to an increase in residential density in a CH HA. Impacts to stormwater were addressed in the previous P U D and is not anticipated with their density increase request. stormwater c comments would be: Please contact Richard Orth (239-252-5092) with any stormwater questions. Rick Orth N J a - Richard Orth, P,G., Sr. Environmental Specialist I c Collier County Growth Management Department Capital Project and Impact Fees Program Management Stormwater Management Section U 2685 South Horseshoe Drive, Ste 103, Naples, FL 34104 r Office 239-252-5092, Cellular 239-634-9024 a R icha rdOrt h@ Col 11 e rGov. Net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public, records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. i Packet Pg. 82 9.A.2.d -A Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Q a 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 c at least two years of ecological or biological professional experience in the State of Florida. Please include J revision dates on resubmittals. C 2 3. identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the d Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP 20 or final plat construction plans. Wetlands must be verified by the South Florida Water Management District 00 (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction r plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify c on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least QM 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality N wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order a 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. r 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis a of potential water quality impacts of the project by evaluating water quality loadings expected from the project M {post development conditions considering the proposed land uses and stormwater management controls} Im compared with water quality loadings of the project area as it exists in its pre -development conditions. The v analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must v demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. v N 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been N met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, 3 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. Provide when treated stormwater is being directed into ti w preserves (45 above). M r O O Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological Q communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or c recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and N Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the ai environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the o 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 f° a 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 Packet Pg. 83 9.A.2.d 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 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation , eration, 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. 1 l . tdeiitify 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. G Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. Demonstrate on map. b Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 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 a a a� �a c M J c =a �L aD 00 M 0 0 0 0 N J a r a Y t� m t� IL c.� t� N O N N c M ti w CO) r 0 0 0 0 N J a i M 0 c aD t a Packet Pg. 84 9.A.2.d 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. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 a (13), if requested. C9 18, Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for c proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of c Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. M c 19. 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. Indicate that the petition is in compliance a with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. M Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat c 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 J identified. a 20. 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. a 21. 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. m 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is v consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee t� Protection Plan not included in 5.05.02. 04 23. 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. 24. 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. 0 Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. 0 Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. DIndicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. 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) Packet Pg. 85 9.A.2.d 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. Is EAC Review (by CCPC) required? To & D!U$4rkl&J4 F449eui l^ W PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in a accordance with LDC sections 4.06.02 and 4.06.05.E. L Supplemental plantings with native plant materials 2 shall be in accordance with LDC section 3.05.07. In order to provide the required (insert TyN B_or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. J Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance ❑f the first residential certificate of occupancy. �a co •L C� C 1. co M r 0 0 0 r 0 N J a r Packet Pg. 86 9.A.2.d Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name j 1 ] Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding LJ properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.43.05-2.03.08; 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 924). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.I }. Preserve Label- P546 4 Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. �LJJ 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 3.05.07.13-13; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.I b. Preserve Width - P603 fi. 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 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 8. Wildlife survey required for sites where an El is not required. when so warranted. (LDC i 0.02.02.A.21) 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 l0. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 i 1 If 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 Ahernate format. IJ'the agent insists on lisling specific uses under Accessory Uses, the following language shall U r be awed for B: a 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. Packet Pg. 87 9.A.2.d D Site Plan note �vlien Preserve acts as Landscape Buffer — COORDINATE W 1TH LAN DSCAPE REV IEW. They will need to request this note be added if applicable. However, please verify the note is provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. 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 a accordance with LDC sections 4.06.02 and 4.06.05.E.I . Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. C9 a� c Do not include this as an Environmental Commitment. if Landscape Review wants to include as a c commitment, it shall go into a Buffer section. J C R l3. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that 2 will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Z 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. r The management plan shall be submitted prior to development of the first phase of the project. c 14. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. N Is there any fill proposed in the preserve? a r Q Additional Comments: Y V m V a c.� t� N O N T_ N 7 C Packet Pg. 88 Coffier County 9.A.2.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 www.colliergay.net (239) 252-2400 Comprehensive Planning: Meridian Landings PUDR (PL20190001354) is the companion to a Small -Scale Growth Management Plan Amendment (PL20190001387). The GMPA will add a new subdistrict to allow higher density residential market rate housing (127 DUs = 10 DUs/A). No longer building affordable housing. The applicant is requesting to use 97 density pool units to reach this higher density. There are adequate density pool units to provide the 97. This Future Land Use Map designates this site as Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay and also within the Coastal High Hazard Area. Currently wooded — so not a redevelopment project Possibly need to work with Dan Summers for mitigation Issue with a grant given to previous developer and never repaid to County. County will send request to City of Naples for a letter of adequate supply concerning the water service and its impact. This PUDR cannot be approved until such time as the SSGMPA has been approved and must reference the Amendment's effective date. Please address FLUE Policies 5.6, and 7.1— 7.4 in the application. Other required documentation for submittal (not listed on application): 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 3A Page 13' of 5 Packet Pg. 89 C( er county 9.A.2.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT wwwxoliiereoy.net Meeting Notes 4 V 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for Submittal (not listed on application): S.2. A`[r a C�,,,_ 6 d o :l 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 6/12/2019 33 Page 1,6 of 5 Packet Pg. 90 9.A.2.d Transportation Planning and PUD Monitoring Pre-App Notes Developer 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 SDPISDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. -� 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." 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." Packet Pg. 91 i Ca er Cnunty 9.A.2.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierggv.net (239) 252-2400 Pre -Application Meeting Sign -In Street PL# 20190001364 Collier County Contact Information: Name Review Discipline Phone Email David Anthony Environmental Review 252-2497 david. ant hon @colliercountyfl. ov GMD Operations and Claudine Auclair Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov Sally Ash kar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 _raymand.bellows@colIiercountyfl.gov .1 Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental 5 eciadst 252-2548 craig.brown@colliercountyff.gov Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanava@colliercountyfl. i Managing Asst. County Heidi Ashton Cicko Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas-clarke@colliercountyfl.gov 1 Jamie Coak Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov Eric Fey, P.E. Utility Plannin 252-1037 eric-fey@colliercountyfl.gov Tim Finn, AICP Zoning Division 252-4312 timothy.finn @coiliercountyfl. ov Sue Faulkner Comprehensive Planning 252-5715 sue.faulk-ner@coillercountyfl.gov Paula Fleishman Impact Fee Administration 252-2924 aula.fleishman@colliercount fl.gcv Growth Management Deputy J lames French Department Head 252-5717 james.french@colliercountyfl.gov Structural/Residential Plan _ Michael Gibbons Review 252-2426 michael.gibbons@colliercountyfl.gov iJ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm. ewirtz@colliercountyfl. ov J Nancy Gundlach, AICP, PLA Zonin Division 252-2484 nancv.f!undiach@colliercountyfl.gov J 5har Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org John Houldsworth Engineering Subdivision 252-5757john.houldswor-th@colliercountyfl.gov Alicia Humphries —Right-Of-Way Permitting 252-2326 1 alicia.humphries@colliercountyfl.gov Erin Jose hitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyf[.gov �I Marcia Kendall Comprehensive PIan nin 252-2387 marcia.kendaII@col liercount fl. ov John Kelly Zoning Senior Planner 252-5719 john.kell @coiliercountyfl, ov Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov Gil Martinez Zonin Principal Planner 252-421I ilbert.martinet@colliercountyfl.gov 171 Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mast roberto@colliercountyfl. c I_I Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercount fLgov Updated 6/12/2019 Page j 4 of 5 Packet Pg. 92 Coder Count 9.A.2.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collie[gov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@coliiercountyfl.gov Michele Mosca, AICP Capital Project Planning 252-2466 michele-mosca@)colliercountyfl.gov ._1 Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov Richard Orth Stormwater Planning 252-5092 richard-orth@colilercountyfl.gov Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov J Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@coiliercountyfl.gov ❑' Todd Riggall North Collier Fire 597-9227 triggali@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblurn@coliiercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael-sawyer@colliercounty-fl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov Chris Scott, AICP Development Review -Zoning 252-2460 chris.scott@colliercountyfl.gov Linda Simmons North Collier Fire 252-2311 Linda.Sirnmons@colliercountyfl.gov Peter 5hawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov Mark Strain Bearing Examiner/CCPC 252-4446 mark.strain@colliercount fl. ov �• Mark Templeton Landscape Review 252-2475 mark.tem leton@colliercountyfi.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ on Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercouqtyfl.gov David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@coliiercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine-willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 ❑aniel.Zunzunegui@colliercountyfl.gov r Additional Attendee Contact Information: Name Representing Phone Email ' a �r t7� h •r+virUt�rr+e��t! 3.p�30 *Anyt- oL, ti I Cd.C) Updated 6/12/2019 Page 1 5 of 5 Packet Pg. 93 9.A.2.d Collier may also send site /e'r County plans or conceptual plans for review in advance if desired. Growth Management Department Zoning Division a PL20190001364 — Meridian Landings mgpAr t%ur]2 PRE-APP INFO a 2 Assigned ❑ps Staff: Thomas Clarke Camden Smith,(Qps Staff) S c STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION J c • Name and Number of who submitted pre-app request a L o Sharon Umpenhour/239-947-1144/sumpenhour@gradyminor.com ti rb ■ Agent to list for PL# M r O D. Wayne Arnold, AICP, Q, Grady Minor & Associates, P.A. o rn r O Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. a "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this to project. • Owner of property (all owners for all parcels) Y 61840560008 - KHD Development General Partnership m U ■ Confirm Purpose of Pre-App: (Rezone, etc.) v P't PkA rO PKb RE2,0,uE(P1A-0R� N O N V_ N • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that 2!1 apply): 3 127 Multi -family dwelling units • Details about Project: PUD;f— is this a phased development and if so what schedule is being proposed? NO 14 Is the proposal for a specific Tract or addition of a Tract/Use? NO REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 239-947-1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountvfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Panning Servi ces\Cu rre nt\Zon i ng Staff Information Zoning Division • 28M North Horseshoe Drive • Naples. Florida 34104.239-252-2400•www.cdie-gm.net Packet Pg. 94 Meridian Landing RPUD Location Map CA 4" Thomasson DR • AV d6ttage, Grove E ���=-- � �-` try, .:. � ��Y����:., � ..�•. Karen OR AL dL © [; [ i{!� 11 ii �,r 340 170 0 340 Feet CMI Larl(l suninor", Packet Pg. 95 9.A.2.d Co[[ Y bounty 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 PLID 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 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ® ❑ Affidavit of Authorization signed and notarized 1 Property Ownership Disclosure Form I 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 ,tQ ❑ Architectural Rendering of proposed structures 1 ❑ ❑ 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 I ❑ 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 February 1, 2019 Page 9 of 11 Packet Pg. 96 9.A.2.d Correr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieroov.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 A" x 11" copy R ❑ 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: E Exhibit A: List of Permitted Uses C Exhibit B: Development Standards C Exhibit C: Master Plan- See Chapter 3 E.1. of the Administrative Code E Exhibit D: Legal Description C Exhibit E: List of Requested LDC Deviations and justification for each C Exhibit F: List of Development Commitments If located in RFMU Rural Fri n a Mixed Use Receivin Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the appiicant 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 (Director) ® Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director Other: .h 61L�- aL [7 City of Naples Utilities other: ASSOCIATED FEES FOR APPLICATION I P� Pre -Application Meeting: $500.00 ?,4,D ❑ PUD Rezone: $10,000,00* plus $25.00 an acre or fraction of an acre V 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 1K Comprehensive Planning Consistency Review: $2,250.00 14 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 N1/1-0 Listed or Protected Species Review (when an EIS is not required): $1,000.00 ,U Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Packet Pg. 97 9.A.2.d Caller County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net F Legal Advertising Fees: ,:3� CCPC: $1,125.00 `% BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX- (239) 252-6358 _1 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 not listed, but 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 51' and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party February 1, 2019 Date Page 11 of 11 a U �a m U d V V N O N r N R 3 C 7 Packet Pg. 98 9.A.2.d PUD APPLICATION TYPES PUD APPLICATION EXPLANATION/CRITERIA FEE TYPE NAME PDI PUD Amendment, LDC Section 10.02.13.E (Adm. Code Ch. 3.G.3) $1,500.00 Insubstantial provides the criteria for determining if a proposed change to an approved PUD Master Plan (or minor text (approved by HEX change) is insubstantial or substantial. A substantial Determination) change requires approval by the BCC via the PUDA process while an insubstantial change only requires HEX approval. (Processing time: 20 BD; 4 months) PMC Minor Change to an LDC Section 10.02.13.E.8 (Adm. Code Ch. 3.G.4) allows $1,000.00 approved PUD minor changes to the PUD Master Plan during its SDP or Master Plan and/or platting process to accommodate topography, vegetation minor text changes and other site conditions not identified at the time of zoning and when said changes are compatible and have (Administrative no external impacts. This process can be used to approval) remove the Affordable Housing Contribution Commitments (Processing time: 10 BD; 1 Month PUDA PUD Amendment LDC Section 10.02,13.E. (Adm. Code Ch. 3.G.2) $6,000.00 indicates that any language change to a PUD Document + $25.00 (Amends Ordinance shall require the same procedure for amending the an acre. and changes are official zoning atlas. A PUDA includes the following: a depicted as change to the development standards that will not (acreage Strrkethrough and significantly impact adjacent properties; a reduction in fee to be Underline) dwelling units or commercial area; a change in charged for ownership, project name or text changes that will not each acre increase the project's intensity or adversely impact affected by the transportation and/or environmental issues. (Processing change) time: 20 BD: 6 months) PUDR PUD to PUD LDC Section 10.02.13 (Adm. Code Ch. 3.G.1 and 2) - $8,000.00 Rezone Major amendments to a PUD Document requires the * $25.00 submittal of a new PUD document. A major amendment an acre. (Repeals Ordinance may include an increase in the number of dwelling units and requires a new or an increase in the approved commercial or (acreage PUD Document to be submitted) nonresidential square footage; an increase in the fee to be charged for intensity of development to include changes in use that entire site) result in increased transportation and/or environmental impacts or adding additional acreage. Also, if the PUD is over 5 years old it is recommended to be brought up to current standards. (Processing time 20 SD; 8 months PUDZ Rezoning, New PUD LDC 2.03.06.0 (Adm. Code Ch. 3.G.1) provides that $10,000.0 PUD districts shall be established by amendment of the 0+ $25.00 (Approved by official zoning atlas established in LDC Section 10.02.13. an acre. Ordinance) This section provides the submittal requirements for PUD Documents and Master Plans. (Processing time: 20 8D: 8 rrontna) [Note: All processing times are approximate and the fees listed do not include any other applicable fees] a a c c c� J c �a �L a� ti 0 M r 0 0 O a� 0 N J a Rt c� a m V a c.� U N 0 N N W c 0 M_ O 0 0 a� 0 N J rL i M O c as E U a r a Revised: 611111 5 Packet Pg. 99 9.A.2.d Environmental Data for PUDR APPENDIX 6 Earth Tech Environmental Staff Qualifications Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 100 9.A.2.d JEREMY STERK, C.E.P. Partner \ Principal Ecologist e: jeremys@eteflorida.com t: 239.304.0030 m: 239.595.4929 Years Experience 25 years Education/Training B.S. Aquatic Biology St. Cloud State University (1994) Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals (FAEP) Mr. Sterk has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, Desoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub -adult lemon sharks. Jeremy's work experience includes: Protected Species Surveys Listed Species Management Plans Vegetation & Habitat Mapping USFWS Section 7 & Section 10 Permitting Water Use Monitoring & Compliance Preserve Management Plans Post Permit Compliance Environmental Land Use Planning Native Vegetation Restoration Plans Incidental Take Permitting Site and Aerial Photography USFWS Bald Eagle Monitor Gopher Tortoise Surveys, Permitting, & Relocations Scrub Jay Surveys Burrowing Owl Surveys Shorebird Surveys Certifications/Credentials Environmental Resource Permitting (ERP) Turbidity Monitoring Wetland & Water Level Monitoring Environmental Impact Statements (EIS) Project Management GIS / GPS Mapping & Exhibits Phase 1 Environmental Site Assessments Phase II Environmental Site Assessments Lake Management Plans Due Diligence Reports Wetland Jurisdictional Determinations Bonneted Bat Surveys Mangrove Assessments & Restorations Hard Bottom & Soft Bottom Benthic Surveys Artificial Reef Deployments Seagrass Surveys Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No. GTA-09-00192) Florida Fish and Wildlife Conservation Commission Burrowing Owl Registered Agent (No. RAG-18-00080) Florida Association of Environmental Professionals — member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 — 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: • Conservation Collier Land Acquisition Advisory Committee, Chairman of the Lands Evaluation and Management Subcommittee. (2009 to 2014). • Collier County Development Services Advisory Committee (DSAC) (2015 to Present). • FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016). Publications �a�� Te�� Sundstrom, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed -sensing _ \LJ transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. Envio�rnent•1, LC 239.304.0030 1 www.eteflorida.com Packet Pg. 101 9.A.2.d Ms. Bobka joined Earth Tech Environmental, LLC (ETE) in 2016 as an Ecologist with more than 8 years of private and public sector experience in the environmental field. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, GIS mapping, Phase I Environmental Site Assessments (ESAs), .� and ERP permitting. w Relevant Experience ld Jennifer has worked as a Naturalist for a non-profit in Collier County, a Manatee Research Intern with Florida Fish & Wildlife Conservation Commission in Palm Beach, and a Field u f Crew Leader for Montana Conservation Corps. Her varied experience spans coastal ` marine shoreline and estuarine habitats to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species, with a special interest in threatened and endangered species. She is also an experienced environmental educator and Certified Interpretive Guide. JENNIFER BOBKA Consulting Manager/Ecologist e: jenniferb@eteflorida.com t: 239.304.0030 m: 406.579.4616 Jennifer's work experience includes: Vegetation and Habitat Mapping Wetland Determinations Bald Eagle Monitoring Monitoring Well Installation Shorebird Surveys GIS Mapping Protected Species Surveys Species Management Plans Submerged Resource Surveys Turbidity Monitoring Seagrass Surveys Preserve Monitoring Phase I ESAs Environmental Resource Permitting (ERP) Natural Resource Management Trail Maintenance Mechanical and Manual Forest Fuel Reduction Small Watercraft Operations Years' Experience Invasive and Exotic Species Mapping Ecological Restoration 8 years Education/Training B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad, Costa Rica (2007) Python Responder The Nature Conservancy (2015) Sawyer Training US Forest Service (2010) Professional Affiliations Florida Native Plant Society (FNPS) Florida Association of Environmental Professionals (FAEP) League of Environmental Educators of Florida (LEEF) Wildfire Assessments Environmental Education & Outreach Relevant Certifications/Credentials Florida Master Naturalist, OF/IFAS, 2019 Nitrox Certified Diver, SCUBAdventures, 2018 Certified Interpretive Guide, National Association of Interpretation, 2016 PADI Open Water SCUBA Diver, SCUBA Outfitters of Naples, 2012 Wilderness First Responder, SOLO Schools, 2009 239.304.0030 1 www.eteflorida.com �aYth ToF6 0 Environmental, LLC Packet Pg. 102 9.A.2.d Environmental Data for PUDR APPENDIX C Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 103 9.A.2.d MERIDIAN LANDINGS (F.K.A. CIRRUS POINTE) Protected Species Survey SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA Prepared For: Headwaters Development LP c/o Greg Wardberg 8699 Purslane Naples, FL 34109 Prepared By: fah reed Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 ���-----��� 239.304.0030 ,LLC www.eteflorida.com July 26, 2019 Packet Pg. 104 9.A.2.d Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................................. 3 2.0 PROPERTY LOCATION................................................................................................................... 3 3.0 SPECIES SURVEY MATERIALS & METHODS...................................................................................3 4.0 EXISTING SITE CONDITIONS..........................................................................................................4 5.0 RESULTS........................................................................................................................................9 6.0 REFERENCES................................................................................................................................16 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect Map & Field Results Figure 6 Florida Bonneted Bat Consultation Area Figure 7 Florida Panther Information Figure 8 Wood Stork Foraging Information Figure 9 Black Bear Information Figure 10 Bald Eagle Information Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 105 Protected Species Survey 9.A.2.d 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for listed species on the property referred to as Meridian Landings (formerly known as Cirrus Pointe) (Subject Property) prior to development. This assessment was conducted by ETE on May 15, 2019 to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. 2.0 PROPERTY LOCATION The Subject Property consists of a single parcel (Folio # 61840560008) and is located on the northeast corner of the intersection of Thomasson Drive and Bayshore Drive in Collier County. According to the project engineer, the Subject Property totals approximately 9.93 acres. See Figure 1 below for a site location map. >3�I=�I��i� �■IZ� i�1 r� tn, COUNTY ' Figure 1. Site Location Map 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is as follows: Existing vegetation communities or land -uses on the subject site are delineated on a recent aerial map (Collier County 2019) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 3 & 4). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: Earth Tech Environmental, LLC www.eteflorida.com 3 Packet Pg. 106 Protected Species Survey 9.A.2.d ❖ "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", December 2018. ❖ "Notes on Florida's Endangered and Threatened Plants", Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community (see Figure 5). If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non -listed species are then recorded, which are flagged in the field and marked by GPS. Based on the habitat types found on the Subject Property (see Table 3), particular attention was paid to the presence or absence of listed plant species such as wild pine, twisted air plants, and butterfly orchids. The presence and absence of listed animal species such as gopher tortoise, Big Cypress fox squirrel, and Florida bonneted bat were also considered. Approximately eight (8) man-hours were logged on the Subject Property during this species survey (see Table 1). TABLE 1. FIELD TIME SPENT ON SUBJECT PROPERTY START END NO. MAN DATE TASK TIME TIME ECOLOGISTS HOURS May 15, 2019 9:00 am 1:00 pm 2 8.0 Species Survey Fieldwork 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the low 80's. Cloud cover was overcast with light rain showers. The Subject Property is vacant and vegetated, containing primarily upland communities and one small, isolated wetland community. The mid -story vegetation is largely absent throughout the property and appears to have been recently mowed. Large amounts of exotic vegetation are present throughout the property. The property is surrounded by development on all sides, with Thomasson Drive forming the southern property boundary and Bayshore Drive forming the western property line. See Figure 2 below for an aerial map. The Subject Property has the following surrounding land uses: North Residential East Canal/Residential South Thomasson Drive/Residential West Bayshore Drive/Construction Earth Tech Environmental, LLC www.eteflorida.com 4 Packet Pg. 107 9.A.2.d Protected Species Survey 3 i w i •jj� ' '! �'+�w y ��� �Siry 4:.... :Mir :fit f}�• Y . i TTT R " ooia�ea from Dar.dam Enpneenp f i 0 j 75 756 300 } -� N 't Su6jec[ Property Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the FLUCCS maps below (Figures 3 and 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council's (FLEPPC) list of invasive species contains Category 1 species that may be found on the Subject Property. Category 1 species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesar weed, and air potato. Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figure 3. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy, sub -canopy, and/or groundcover. E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com 5 Packet Pg. 108 9.A.2.d Protected Species Survey TABLE 2. ACREAGE PER FLUCCS COMMUNITY FLUCCS CODE DESCRIPTION ACREAGE 411-E2 Pine Flatwoods (26-50% Exotics) 4.53 411-E4 Pine Flatwoods (>75% Exotics) 4.32 411H-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.14 510 Canal 0.03 740 Disturbed Lands 0.35 814 Roadway 0.56 Site Total: 9.93 ��. , { g p i 4 .4� 20=9 RaaldMned hwn came, Cwmy Pmpeny nvc.rs.� t. Suged P.P" owMe.y obt�ned hom Oendsen Enpneamp Earth Tech Environmental, LLC (<j, j.?-A' :-•.�Lq,� •.�''411-F4 �a NSA -tl AV FLUCCS Mapping • ✓f, 411€2, Pine Ffatwoods (26.50% Exotics) • _ 4ll-E4, Plne Flatwmds[ai5%Rxotcsi 4 R-D3 Hydrk Pine FL -Moods (51-75% Exot w 510. canal n � Tao, olattieed panda 814, Roadway Figure 3. FLUCCS Map with Aerial www.eteflorida.com 6 Packet Pg. 109 Protected Species Survey 9.A.2.d 411FFE3 814 N- SuH^�t PAY bw+i WW I—�L n 0 75 159 ago Feet 411-E2 Figure 4. FLUCCS Map 411-E4 r—ISutlJ2Ct F'Olwty FLUCCS Mapping 411-E2, Pine Rawmads (26.50% Exolica) 411-E4, Plne Ratwnods (>76% Exotics) -_ 411 H•E3. Hyddc Plns Flamoods t57.7535 Exoticsi _ 51a.cana _ 740. ❑oStWpeO Land% eta, koaavay FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community makes up the majority of the property and is located in the central, western, and southern areas of the Subject Property. The canopy consists of scattered slash pine (Pinus elliotti) and cabbage palm (Saba) palmetto); exotic vegetation consists of moderate earleaf acacia (Acacia auriculiformis) and melaleuca (Melaleuca quinquenervia). The mid -story is largely absent in this community. The groundcover consists of saw palmetto (Serenoa repens) recruitment, winged sumac (Rhus copallinum), greenbriar (Smilax spp.), grapevine (Vitis rotundifolia), and myrsine (Myrsine cubana); exotic vegetation consists of wedelia (Sphagneticola trilobata) closer to the road and moderate downy rose myrtle (Rhodomyrtus tomentosus). The ground appears to have been recently mowed. FLUCCS 411-E4. Pine Flatwoods (>75% Exotics This community is located along the northern boundary and the eastern third of the property. The canopy consists of live oak (Quercus virginiana) and slash pine; exotic vegetation consists of abundant earleaf acacia, java plum (Syzygium cumini), and Brazilian pepper (Schinus terebinthifolius). Groundcover and mid -story stratum are largely absent in this community. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 110 Protected Species Survey 9.A.2.d FLUCCS 411H-E3, Hydric Pine Flatwoods (51-75% Exotics) This community consists of a small area located in the southwestern corner of the Subject Property. The canopy consists of cabbage palm; exotic vegetation consists of moderate java plum, earleaf acacia, and melaleuca. Mid -story and ground vegetation consists of ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), and swamp fern (Blechnum serrulatum); exotic vegetation consists of wedelia. FLUCCS 510, Canal This community consists of a canal near the eastern property line. FLUCCS 740, Disturbed Land This community consists of a mowed easement running parallel to the canal near the eastern property line. FLUCCS 814, Roadways This community consists of the right-of-way and associated roadway ditch and sidewalk of Thomasson Drive. The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 3. TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS CATEGORY FLUCCS POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC OR FDACS FWS 411 & 411H Bald Eagle Haliaeetus leucocephalus SSC SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Common Wild Pine Tillandsia fasciculata E - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia integrifolia C Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T Red -Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T Southeastern American Kestrel Falco sparverius paulus T Twisted Air Plant Tillandsia flexuosa T 510 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T Little Blue Heron Egretta caerulea T Reddish Egret Egretta rufescens T Roseate Spoonbill Ajaia ajaja T Tricolored Heron Egretta tricolor T 740 Burrowing Owl Speotyto cunicularia T Gopher Tortoise Gopherus polyphemus T Earth Tech Environmental, LLC www.eteflorida.com 8 Packet Pg. 111 9.A.2.d Protected Species Survey 814 1 NONE I - I - - Abbreviations Agencies: Status: FDACS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 5 below for transect and field results. Figure 5. Transect Map & Field Results Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 112 Protected Species Survey 9.A.2.d TABLE 4. ANIMALS AND PLANTS OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS BIRDS Black Vulture Coragyps atratus DV N - MAMMALS Nine -Banded Armadillo Dasypus novemcinctus OH N - REPTILES Brown Anole Anolis sagrei DV N - AMPHIBIANS NONE - - - PLANTS NONE - - - - * = protected species Abbreviations Observations: C = Cavity DB = Day Bed DV = Direct Visual HV = Heard Vocalization(s) MT = Marked Tree Observations: N = Nest OH = Observed Hole/Burrow OT = Observed Tracks R = Remains S = Scat No listed species were observed on the Subject Property. Status: CE = Commercially Exploited FE = Federally Endangered FT = Federally Threatened SSC = Species of Special Concern ST = State Threatened The site does have community types in which protected species could reside. During permitting, the following listed species concerns may be raised by the agencies: Earth Tech Environmental, LLC www.eteflorida.com 10 Packet Pg. 113 Protected Species Survey 9.A.2.d Figure 6. Florida Bonneted Bat Consultation Area Florida Bonneted Bat (Eumops floridana) The Subject Property falls within the USFWS Florida Bonneted Bat Consultation Area (see Figure 6 above), though it is out of the Bonneted Bat Focal Area. During the species survey, no potential bonneted bat cavities were observed. Consultation with USFWS for Florida bonneted bat will likely not be required. See Figure 6 above. Earth Tech Environmental, LLC www.eteflorida.com 11 Packet Pg. 114 Protected Species Survey 9.A.2.d �J�_�i � �r�+l:fi _ t■ilk :. - �.,.e.,�r _ _- .�.,,. tz- - r �a ♦ �� 1 Y i r/fI��E Jr E Figure 7. Florida Panther Information Florida Panther (Felis concolor The Subject Property does not fall within the USFWS Florida panther habitat zones or consultation areas. See Figure 7 for Florida panther information as it relates to the Subject Property. Consultation with the USFWS will likely not be necessary for Florida panther. Earth Tech Environmental, LLC www.eteflorida.com 12 Packet Pg. 115 9.A.2.d Protected Species Survey �■ •• �' . ~`jrr � � :l!l:��� � � fir' �j � �- r ICI MEN RINI 4° ► w e Figure 8. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property does not fall within the core foraging area (estimated at 18.6 miles) of any wood stork colonies in Collier County (see Figure 8). Earth Tech Environmental, LLC www.eteflorida.com 13 Packet Pg. 116 Protected Species Survey 9.A.2.d Figure 9. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) Based on the latest available information provided by Florida Fish & Wildlife Conservation Commission (FWC), two black bear related calls have been identified within 1-mile of the Subject Property since 2016. Earth Tech Environmental, LLC www.eteflorida.com 14 Packet Pg. 117 Protected Species Survey 9.A.2.d Figure 10. Bald Eagle Information Bald Eagle (Haliaeetus leucocephalus) There are no recorded bald eagle nests within a half mile of the Subject Property. Consultation with USFWS or FWC will likely not be necessary for bald eagle. Earth Tech Environmental, LLC www.eteflorida.com 15 Packet Pg. 118 Protected Species Survey 9.A.2.d 6.0 REFERENCES Ashton, Ray E. and Patricia S. "The Natural History and Management for the Gopher Tortoise." Krieger Publishing Company. Malabar, Florida. 2008. Collier County Property Appraiser. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -Scale Development in Florida." Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppi/10.3996/062015-JFWM-055/suppl file/062015-Ifwm- 055.s2. odf?code=ufws-site "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2018. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanuall999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Weaver, Richard E. and Anderson, Patti J. "Notes on Florida's Endangered and Threatened Plants." Bureau of Entomology, Nematology and Plant Pathology — Botany Section. Contribution No. 38, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorid a.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- EntomologV-Nematology-Plant-Pathology/Botany/Florid a-s-Endangered-Plants Earth Tech Environmental, LLC www.eteflorida.com 16 Packet Pg. 119 9.A.2.d Environmental Data for PUDR APPENDIX D Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 120 N d ue"P!JGw L8£1.00MOZ-1d : titi9ti6) dnjoe8 OdOO 6ZOZ 6Z Ajenue LOU0006M-ld £0 :WOWyDY244V v N M U J J M M N Q M X F Q Q Z pLL w _ Z Oo O w J co D LL o — Z O >wU) ;2 Z>(Do 0 w Q Z co U W OW a M p FJ O��� �Q O 2 O — w J — Z LL Z0w QoOxl— wmaw Wtl 6V98:6 / pxw,depy uopool a9llloO\SIJ\s6ulpuel uelpuaW\2i31110o\S1o3f021d\s;uownooa nu313\:J _w L ue"P!JGw L8£1.00MOZ-1d titi9ti6) do)loe8 OdOO 6ZOZ 6Z Ajenue LOU0006M-ld £0 :wOWL13ya y 0 o w •• ~i U Lo ro - f - • x V 4� a W w n .,.f o O 1 N y IL 0 o m n _S•: - _ _ - O O C C m m v iLL LL 6 0 > n C m (D > ) m Q, C,i c cca�i w w w U 0 o 2 3 V 7 V rLL W . { _ O rl�? 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P Z>(9O- W Q Z M K „. _N_O = w LL J d M LL WU J N W =< w W . flc, � � w�oom� ma� m i N rA a w rr s y � In M � Z` a w �_ m aQ�W U O Li U as m 5 T O E Lo c o w r a` 0 0 .� U 3bOHS7ld8� i ._4rF-� �� o ° = m y N CO 0 O Z � o _ ue"P!JGw L8£1.00MOZ-1d titi9ti6) do)loe8 OdOO 6ZOZ 6Z Ajenue LOU0006M-ld £0 :wOWL13ya y M N Q a 0 (1) U i N a (n coa 1 °' = z U) U) a x � 00 00 v LO Z N 0 m fA y U Q J `o M M ~ Wit. r Z a a 1 W w z O o O w J Cl)O �Z)woU >wzv0 Z>Oo- 4p i waZMOf =<-� o U LU LL 2 ' a w w O ~ Z ZO� ao0 4 ---- - ------- m ,0000nc00000: tog! . � w t O N o. �a �Lu V U o oafoa ;..4 a, 0 U a0i d U � �o�jc ! 1 -- O N O Z�U�i O O WH LO:L£:6 / pxw ue!d 9l!s\sio\s6u!puel ue!pualry\2!3!110o\siogroHd\s;uewnood nu313\:`J 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit V.D Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments The amendment proposes to amend the Future Land Use Element to add specific standards for the concurrently reviewed Camden Landing RPUD, which will encompass 9.93± acres located on the northeast quadrant of Thomasson Drive and Bayshore Drive. The application proposes to permit through utilization of base density and bonus pool units, a maximum of 127 market -rate for sale multifamily dwelling units. The proposed small-scale amendment modifies the existing text of the Future Land Use Element, Bayshore/Gateway Triangle Redevelopment Overlay to establish specific density and unit allocations for the subject infill parcel. Under Chapter 163 F.S., local governments are authorized to adopt and amend their comprehensive plans. Staff has requested that the applicant address three sections from Chapter 163. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709. The project is provided potable water service by the City of Naples. No capacity issues exist or are anticipated in the service area. Chapter 163.3177 (6) (a) 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. November 26, 2019 W GradyMinor Page 1 of 4 MLPA-19 Exhibit VD Plan Consistency Ch163 Criteria-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, F1, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradymiiior,.coni Packet Pg. 124 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit V.D Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments The 9.93± acre small-scale amendment and accompanying Camden Landing RPUD proposes to construct 127 market -rate for sale multifamily dwellings on the property. The property is a vacant infill parcel, which previously received zoning approval for a 127-unit affordable housing project via an affordable housing bonus unit agreement. Collier County's seasonal and permanent populations continue to increase, and demand for market rate housing in close proximity to downtown and other employment centers continue to increase. The property is located in the Bayshore/Gateway Community Redevelopment Area and has been designated for residential development on the Future Land Use Map, as well as the redevelopment zoning overlay. Development of this infill project furthers several goals, objectives and policies of the of the Collier County Growth Management Plan by developing infill parcels before designating more land for urban development; thereby, discouraging urban sprawl. The site has access to two collector roadways, and the parcel is adjacent to lands that Collier County needs for future right- of-way improvements at the intersection of Bayshore Drive and Thomasson Drive. The CRA has encouraged the owner of this property to develop market -rate dwelling units, which is proposed in this application. Chapter 163.3177 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Accompanying the small-scale amendment is a map exhibit (W.D., Proposed FLU Map), which is a revision to the existing Bayshore / Gateway Triangle Redevelopment Overlay Map. The site is undeveloped and the applicant's consulting team has not identified any soil, topography or natural resource constraints for development. The 9.93± acres of land represents the entirety of the vacant land in the vicinity of the project site. Potable water is available from the City of Naples, and wastewater service will be provided by Collier County. 163.3184 Process for adoption of comprehensive plan or plan amendment. November 26, 2019 W GradyMinor Page 2 of a MLPA-19 Exhibit VD Plan Consistency Ch163 Criteria-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, F1, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradymiiior,.coni Packet Pg. 125 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit V.D Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments This section of the statute outlines the process and authority for agency review of plan amendments. The applicant understands that regional and state reviewing agencies will be responsible for review of any comprehensive plan amendments per the requirements of Chapter 163.3184 F.S. The applicant's experts are of the opinion that there are no regional or state impacts associated with the application. Project Justification Under the recently amended density provisions for the Bayshore and Gateway Triangle Redevelopment Area, the site cannot qualify for 127 dwelling units without use of the affordable housing density bonus pool units. 127 dwelling units has been determined by the property owner to be the minimum number of units necessary to deliver a market rate for -sale multi -family development, with a positive return on the investment. The amended plan text will rely on the use of the density bonus pool units to obtain the difference between the base number of dwelling units and the requested 127 dwelling units. Should the proposed amendment not be approved, the property owner would develop the property consistent with the approved zoning, which authorizes development of affordable housing units. After discussions with the Bayshore CRA Advisory Board and area representatives, the stated preference for development of the subject vacant property is for market -rate, for -sale dwelling units. However, the recently approved amendments to the Future Land Use Element of the Growth Management Plan do not make provisions for obtaining additional density for a residential project on a vacant undeveloped land parcel. Staff, in support of the recently adopted amendments identified five parcels of land in the Bayshore Drive and Gateway Triangle Redevelopment Area, which might be candidates for use of the density bonus units. The identified properties are presently developed or have previously been developed and are now vacant. Staff did not identify the subject property as a site that might benefit from the use of the density pool units. The subject property is undeveloped, but clearly represents an infill development parcel. Under the standard density provisions in the Future Land Use Element of the Growth Management Plan, the subject property can qualify for only a maximum density of 3 dwelling units per acre, without the use of density bonus pool units. While other density incentives are permitted elsewhere in the Future Land Use Element, the provisions are not applicable to the subject property because the land is vacant and located within the CHHA. In reviewing aerial photographs of the Bayshore redevelopment area, it appears that the subject property and possibly a few other parcels south of the terminus of Bayshore Drive remain undeveloped. The subject property is in an ideal location with very good proximity to urban infrastructure including roads, water and sewer. The infill property is within walking distance of many of the November 26, 2019 W GradyMinor Page 3 of 4 MLPA-19 Exhibit VD Plan Consistency Ch163 Criteria-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, F1, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradymiiior,.coni Packet Pg. 126 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit V.D Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments area amenities and services such as shopping, dining public parks and the Naples Botanical Garden. November 26, 2019 M GradyMinor Page 4 of 4 MLPA-19 Exhibit VD Plan Consistency Ch163 Criteria-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, F1, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gratlymiiior,.coni Packet Pg. 127 9.A.2.d Meridian Landing GMPA (PL2O19O0O1387) Exhibit V.E. Public Facilities Level of Service Analysis Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The subject Growth Management Plan Amendment proposes to permit a maximum of 127 multi- family dwelling units on the 9.93± acre property. It is expected that this project will commence development in 2021 with anticipated buildout in 2026. Potable Water The property is located within the City of Naples potable water service area. The City of Naples has existing designed plant capacity of approximately 30 mgd. Raw water demand in 2019 was projected at 14.5 mgd (Aug.) and by 2026 the demand city wide is projected to be 20.16 mgd. The proposed 127-unit multi -family project will not create any LOS issues in the 5-year planning horizon. This Project will have no impact on the potable water system and capacity is available in the City of Naples. Water Demand: Multi -family: 127 units x 300 gpd/unit x 1.7 persons/unit = 64,770 gpd 127 units x 300 gpd/unit x 1.7 persons/unit x 1.5 max. month 97,155 gpd Naples LOS: 300 gpcd Permitted Capacity: 30 mgd 2019 Demand (projected): 18.41 mgd Data Source: City of Naples Comprehensive Plan, potable water level of service standard, 2016 Sanitary Sewer The subject project is located within the urban boundary and standards for Sanitary Sewer are established in the Capital Improvement Element of the Collier County Growth Management Plan. The property is located in the Collier County Sewer District south service area, which will begin diverting flows to the north County reclamation facility in 2021. The combined net required treatment capacity is projected to be 40.9 mgd, while the combined permitted/operational capacity will be 42.73 mgd. No projected LOS issues are anticipated in the system through 2031. This Project will have negligible impact on the Collier County Regional Sewer System. January 17, 2020 W GradyMinor Page 1 of 4 MLPA-19 Exhibit VE-revl.docx Ciall Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, Ft, 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.con Packet Pg. 128 9.A.2.d Meridian Landing GMPA (PL2O19OOO1387) Exhibit V.E. Public Facilities Level of Service Analysis Sewer Demand: Multi -family: 127 units x 100 gpd/unit x 2.5* persons/unit = 31,750 gpd South Area LOS: 100 gpcd Required Capacity: 40.9 mgd (combined with North County) Operational Capacity: 42.73 mgd Data Source: Collier County AUIR and Collier County Water Sewer District Utilities Standards Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussions of the project's impact on level of service for arterial and collector roadways within the project's radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74-50, 90-10, 2001-27, and LDC Ordinance 2004-41, as may be amended. The single project within the proposed subdistrict has previously been issued a surface water management permit by the South Florida Water Management District which has established criteria for the volume of water stored on site as well as the quality of the water which may be discharged from the site. This permit will be revised for the proposed plans consistent with the County LOS standards. Solid Waste The development within the subdistrict is The adopted LOS for solid waste is two years of lined cell capacity at the previous 3-year average tons per year disposal rate. There are no current capacity issues, and none are anticipated through the year 2065. The proposed 127-unit multi -family residential project is anticipated to have an average residency of 2.4 persons per household, which would result in a total population of 305 residents within the community. At the County's adopted disposal standard of .52 tons per capita, the multi -family project will generate 159 tons of solid waste per year. Capacity is available to meet this generation standard. The calculation for the solid waste generation is: January 17, 2020 W GradyiNlinor Page 2 of 4 MLPA-19 Exhibit VE-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, F1, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.cor packet Pg. 129 9.A.2.d Meridian Landing GMPA (PL2O19OOO1387) Exhibit V.E. Public Facilities Level of Service Analysis 127 MF units x 2.4 persons per unit = 305 population x .52 tons/capita = 159 tons/year LOS Standard: 2 years of lined cell capacity at previous 3-year average tons per year capita disposal rate. Available Capacity as of July 2019: 18,062,901 tons Surplus Capacity as of July 2026: 11,719,547 tons Source: Collier County 2019 AUIR Parks: Community and Regional The project is currently approved for 108 multi -family residential dwelling units. The 2018 AUIR identifies that the County is meeting the established LOS standard of 1.2 acres of community parks per 1,000 residents and 2.7 acres of regional parks per 1,000 residents and has a land surplus in each category. No deficits in park acreage are projected in the 5-year growth projections in the AUIR, and payment of impact fees for parks is collected by Collier County to increase available park acreage. The calculation for park demands: Existing —108 units Community Parks: 1.2 acres x .31 (305/1000) _ .37 acres Regional Parks: 2.7 acres x .31 (305/1000) _ .84 acres Proposed — 127 units Community Parks: 1.2 acres x .31 (305/1000) _ .37 acres Regional Parks: 2.7 acres x .31 (305/1000) _ .84 acres No adverse impacts to Community or Regional Parks result from the creation of the subdistrict. Crhnnic The proposed project lies within the following School Attendance Zones: Avalon Elementary Manatee Middle Lely High January 17, 2020 W Gradyillinor Page 3 of 4 MLPA-19 Exhibit VE-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.cor Packet Pg. 130 9.A.2.d Meridian Landing GMPA (PL20190001387) Exhibit V.E. Public Facilities Level of Service Analysis Impact fees will be paid for each dwelling unit. The companion PUD has submitted a school concurrency application and no noted capacity issues have been identified. Fire Control and EMS The proposed project lies within the East Naples Fire District. The East Naples Fire and Rescue District Station 22 is located less than half a mile from the project entrance. The site was previously approved for 108 multi -family dwelling units. Estimated impact fees for EMS are $10,191.96 based on 127 total dwelling units. Fire would be determined at time of SDP based on the square footage per building (values based on 2012 Collier County Impact Fee Schedule). Greater Naples Fire Rescue - Station #22 4375 Bayshore Dr, Naples, FL 34112 Collier County Sheriff's Office — Collier County Government Center 3347 Tamiami Trail E, Naples, FL 34112 January 17, 2020 M GradyMinor Page 4 of 4 MLPA-19 Exhibit VE-revl.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, Ft, 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.con Packet Pg. 131 ue"P!JGw L8£1.000 OZ-1d titi9ti6) do)loe8 OdOO 6ZOZ 6Z Ajenue LOU0006M-ld £0 :4ugwLl3e44V _0 Q- � - - N Cl) Q E� _.E a O _ i o � I m "za x N Li,l V fC ak o L 1 O J co o U c J _ Q J d Q :E zN H W Q U W W N LLJ Q m U U W = < \U X J W U W W J � m (� W O � W D d �— Zc�� o _ L J _ o � UZ r c -_ d c• � E � Uy ® T nN J o . N K I ? C g w 'a LU L L V LPL W CLLLi 3 mO - o a m o� m a c7ap =o LTV LIL Z O � � N Z Q � Z w Z N o r z '"z w w Ol N w 3 Q H Z N WQ �ww K UH z w� O Y W W N d� W m a w u=im 3 a= w3 3n ® � m * o O I Q + 9.A.2.d Sharon Umpenhour From: Denise M. King <dmking@naplesgov.com> Sent: Monday, July 15, 2019 8:32 AM To: Sharon Umpenhour Subject: RE: Meridian Landing RPUD - 2801 Thomasson - Ltr of Availability Attachments: Ltr Availability - 2801 Thomasson.pdf Good morning; Please note, the proposed improvements must be submitted to the City of Naples Utilities Department for review and approval (water only), concurrently with County development permitting. See attached letter of availability per your request. Please feel free to contact me with any questions. Thank you, Denise King f�k.=_ Utility Permits Coordinator t - ;;T,,� Utilities Department 295 Riverside Circle — Naples FL 34102 }dmking@naplesgov.com PHONE:239-213-5051 FAX:239-213-5010 From: Sharon Umpenhour <SUmpenhour@gradyminor.com> Sent: Friday, July 12, 2019 10:24 AM To: Denise M. King <dmking@naplesgov.com> Subject: Meridian Landing RPUD CAUTION: This email originated from outside of the City of Naples e-mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Denise, Please provide us with a Letter of Availability of potable water for the below project: Proposed 127 MF dwelling units 2801 Thomasson Drive Folio No. 61840560008 Packet Pg. 133 9.A.2.d �34- Eli it 40, .. m Planned Unit D-evelopment �w Q ifi�aFlT1d�14fk a Name CIRRUS POINTE 0 I Statues ACTIVE c Petition PIED-2004- PUD number —J �.... A KA I7 .•m : - ORD Number 05�63 Clerk Of Courts DacumPrxt 5eamh CCy 00 �!L O �' - O N J Please let us know if you need any additional information. a- 77 0 v Regards, 3 Sharon Umpenhour 00 Senior Planning Technician a- U U N �1 (}� f N Q. Grady Minor and Associates, P.A. 3800 Via Del Rey c Bonita Springs, FL 34134 Phone - 239.947.1144 w Fax - 239.947.0375 Email - sumpenhour@gradvminor.com 0 o Web - httu://www.gradvminor.com 0 0 N J a M O DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified "plan of record" along with actual project site conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages E caused by receiving this email. V R 2 Packet Pg. 134 DcuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d I JMB TRANSPDRTATI❑N ENGINEERING, No. TRAFF-IC/TRANSPIARTATIDN ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Meridian Landing RPUD (Bayshore Drive & Thomasson Drive, Collier County, Florida) July 24, 2019 Revised November 21, 2019 County TIS Review Fees TIS Methodology Review Fee = <$500.00 TIS (Minor Study) Review Fee =$750.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FI-ORIDA 341 1 9 `PMES n.• CERTIFICATE OF AUTHORIZATION NO. 27830 ,J 49, � ftf (PROJECT NO. 19071 5) ooausigneaby: X��tl No4�6,.LS1/GWIhSE519D679D23E47F... rC (Tl,� " G V JAMES a 6A1¢ F'. R I D P orb FLORI A REG. ;C'1 Packet Pg. 135 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d TABLE OF CONTENTS Conclusions 2 Methodology 2 a. Scope of Project 2 c� Table A - Approved vs. Proposed Land Uses 2 J Figure 1 - Project Location & Roadway Classification 2.1 c 2 :a MCP 2.2 L ti 00 M Project Generated Traffic 3 0 0 0 rn Table B - Site -Generated Trips 3 0 N J d Table 1 - Trip Generation Computations 3.1 Existing + Committed Road Network 4 Project Generated Traffic Distribution 4 Q. m Area of Significant Impact 4 t� a c) Figure 2 - Project Traffic Distribution 4.1 Table 2 - Area of Impact/Road Classification 4.2 N O N 2019 thru 2023 Project Build -out Traffic Conditions 5 3 Table 3 - 2019 & 2023 Link Volumes 5.1 c ti 00 M Table 4 - 20123 Link Volumes/Capacity Analysis 5.2 r 0 a� Appendix 6 N J a 1 M O r C N E L V f� a+ Q Packet Pg. 136 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d Conclusions Based upon the findings of this report, it was determined that the proposed zoning amendment, which will increase the number of multi -family dwelling units from 108 to 127 (19 more) dwelling units, will not have a significant or negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed residential land use. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Methodology On July 23, 2019, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the zoning application. A copy of the TIS methodology has been provided in the appendix (refer to pages M1 thru M10). Scope of Project Meridian Landing RPUD is a proposed multi -family project that was previously approved for 109 dwelling units. It is proposed to amend the zoning in order to construct a total of 127 multi -family units (i.e., 19 additional dwelling units). The site is located on the northeast corner of Bayshore Drive and Thomasson Drive, within Collier County, Florida. The project will have one full access on Thomasson Drive. For additional site development details refer to the plans prepared by Grady Minor & Associates. Table A Annroved vs. Proposed Land Uses Land Use Approved Proposed Net Change Multi -Family 108 d.u.'s 127d.u.'s + 19 d.u.'s 2 Packet Pg. 137 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5EO15B2F8 9.A.2.d Naples Airport m IPropspect Ave ------- ------ v Revised January 29, 2013 JM TRANSPORTATION ENGINEERING, 1NC_ Meridian Landing RPUD July 23, 2019 I I I NORTH Rood d ---- -----------s----- Rattlesnake Hammock 1 LEGEND 6-LANE WDED ARTERIAL 4-LANE DIVIDED ARTERIAL •-------- 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL Project Location & Roadway Classification FIGURE 'I a a c� a� c c J C R ti 00 M_ O O O rn 0 N J a r CL 3 i V R m U d V U N O N N R c ti O M r O O O 01 O N J a I M O r c a� E V M Q 2•1 Packet Pg. 138 Sigr UBIIPiJGW LOU000660Z-1d : bb9t,�) dnNoe8 3d33 4ZOZ LZ AJenuer LM000640Z-1d £0 .;uauay311241V N o i{7 a; ZONED: RMF-6 X RESIDENTIAL II ^ AVALON ESTATE UNIT No.1 = (PLAT BOOK 3, PAGE 62) a ~ m F n o N w 19 WIDE TYPE W LANDSCAPE BUFF 4mw n w Q W �r W IL LL I z Z m ¢ nw0 a w iLL UJ w Z 0 { Q❑ a LL ❑am ❑ I am a m� a z I Y w ¢-- ¢ I ❑W a LLJ [[ \ I ❑ o iI `1 cq 0 14 III � I� LL o � a z� w 0 00 T / E C7 - / Iw 0rr Od P - a w >o � la � \ 10 O m� I f Ili la- IJ � CQ N \ iw N rE V ` \ Q Q a 5 w )♦ I W o W O c�i LL \ \ I I Q N (' m I w a-6 d W w - �J J 2 - N 0- n O U QQ 0CD °' O p co Oa)> LL m LL LL � I!; FL FL xxaow O LL LL, O i U a m Q fI. / - II - C7C7wo0 F Z Q ~ w 01 m Ir Q ~ Lu a F i '♦ W 2E2 Lu Gll o � I a W fl1 ❑_ (,7 I o z Q Lu Lu Lu W ! m 0 2U Q Z J L&W a 20' WIDE TYPE 'D LANDSCAPE BUFFER' To OO W O O }- -- -- ¢ 0 Q Lo Q LZjJ z 5 71 w 4 BAYSHORE DRIVE m 0 L OW RIGHT OF WAY) ❑ w i J ®a z O m s m � ❑ zM m Y G O w a 0 I--¢ �z0Q 0 ❑ U �O at ul Q m LU a mm W a z 0 N 6.0' WIDE LANDSCAPE BUFFER EASEMENT 1 z.a DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 9th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Multi - Family" (LUC 220) was most appropriate in estimating the project traffic. Table 1 provides a detail of the estimated total trips. Table B provides a summary of the results. Table B Site -Generated Trips Generated Daily AM Peak PM Peak Hour Land Use (ADT) Hour (vph) (vph) Approved Land Use 776 51 63 (108 multi -family) Proposed Land Use 919 60 73 (127 multi -family) Net Increase 143 9 10 The report concludes that the project will generate less than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 100 trips". Packet Pg. 140 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d Approved Land Uses Land Use Code Land Use Description 220 Multi -Family Land Use Code Trip Period LUC 220 Daily Traffic (ADT) = AM Peak Hour (vph) = PM Peak Hour (vph) = Proposed Land Uses Land Use Code Land Use Description 220 Multi -Family Land Use Code Trip Period LUC 220 Daily Traffic (ADT) _ TABLE 1 TRIP GENERATION COMPUTATIONS Meridian Landing RPUD Build Schedule 108 Units Trip Generation Equation Total Trips T = 7.56(X) - 40.86 = 776 ADT Ln(T) = 0.95Ln(X)-0.51 = 51 vph 23% Enter/ 77% Exit = Ln(T) = 0.89Ln(X)-0.02 = 63 vph 63% Enter/ 37% Exit = Build Schedule 127 Units Trip Generation Equation Total Trips T = 7.56(X) - 40.86 = 919 ADT AM Peak Hour (vph) = Ln(T) = 0.95Ln(X)-0.51 = 60 vph 23% Enter/ 77% Exit = PM Peak Hour (vph) = Ln(T) = 0.89Ln(X)-0.02 = 73 vph 63% Enter/ 37% Exit = Net Increase Daily Traffic (ADT) = 144 ADT AM Peak Hour (vph) = 9 vph PM Peak Flour (vph) = 10 vph a a c� c �a c J C Trips Enter/Exit L ti 0 M 12 / 40 vph c 0 O rn 40 / 23 vph c N J d r Q M M U d V U Trips Enter/Exit c N r N i-1' 14 / 46 vph c 46 / 27 vph � M r O O O 6D O N J a 2 / 7 vph MI 6 / 4 vph r c a� E t Q 3.1 Packet Pg. 141 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d Existing + Committed Road Network Table 2 describe the E + C road network. As shown, there are no significant 5-year committed roadway improvements within the project's area of impact. The two principal arterials that will provide immediate access to the site are Bayshore Drive and Thomasson Drive. Bayshore Drive is classified as a four -lane divided arterial and Thomasson Drive is a two lane collector. The posted speed limit along Thomasson Drive is 30 MPH. Table 2 provides a detail of the surrounding E + C road network and their respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area, demographics, and business opportunities, as well as growth trends for the surrounding areas. Figure 2 provides a detail of the traffic distributions based on a percentage basis and Table 2 depicts the expected net new AM and PM traffic distributions for peak hour peak direction and non -peak direction. The traffic assignments were agreed to with staff during the pre-app meeting. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. As shown, Bayshore Drive and Thomasson Drive were considered to be impacted by the project. 4 Packet Pg. 142 Sigr �._.._ _._ _ ue"PPOW L8£LOOMOZ-1d ttgtq) dnj0eg OdOO LZOZ 4Z Aienuer L8£LOOMOZld £O :;uauay0ellV N it O O r z z a m �I rn M IL a � r a c,4 cv VJ U a N �+ p O 0 z W Z L Q v x C CD a a r oa 0 z w w x n a a a Q wxo� CV � o EL s M a 0. LL1A O U Fi Q o�oo 0 rl- M W [L I' n N W y a w Q v o m °' aE CD o �3tco CD o < U 0 > ,� W O ��� w of ❑ a a �N w W t9 n V N u Vj cf� 6 Q m Q 0 C J 0 v U N C y c O 0cn cn u p o a 2 m r I- m m � a M 0 O EL Z 4, d S F- I^ 0 N N CD Q w E 0 0 s a a m r- o 0 m + DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d 2019 thru 2023 Project Build -out Traffic Conditions In order to establish 2019 thru 2023 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2019 Collier County AUIR Report. Using the annual growth rate, the 2023 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2019 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips 'Y' 2023 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2023 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2019 thru 2023 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. Packet Pg. 145 &)r . . . _ ,� ,� �_ , „ �.� .-- ue PPOW L@ELOOMOZ d:tt 9 L dnj,ee odoo LZ z 4z Aienuer L8 LOOM OZ d O ]uemt4,e■� V to w � ■ a \ a 2 k ) / 7 / o = : § / % k \ k " ; t > 2 ƒ m ƒ � > W ) \ \ § r 0 k CD§ / \ > o � m § � ƒ Z_ \ 2 \ \ \ k « _LU w w M � _ )�\= z O k ) / \ \ \ N � � � 0 N � 7 \ � k � ( 2 ; Sigr �._.._ _._ _ ue"PPOW L8£LOOMOZ-1d : ttgtq) dnjoeg OdOO LZOZ 4Z Aienuer L8£LOOMOZld £O :;uauay3ellV N o a s t o! in ❑ N 0 p J a a O o V M O = U Co N (C O a Y 20� d' 0 d N d U O O m a � IL J Q Z Q U Q a a U W � J W0 J � m � J a 0 w CM N O N _ L o a Y L 0 a > w 7 0 i n O x CD -he Y L a > m a Q L ' I z a 0 a z m 2 Y rn IL M ] 0 z u y L a a a y L C Z 0 C M 0 o ao X J 4 IL on a �I no❑ o v � o c M 0 oN 2 W rn N a Y R ] a m I r: 0 Vl cn co L a L F.. d N W > C O N N fC E 0 .- F O co O 5.2, DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d APPENDIX a t0 r Q 3 Y V R m U d U U r N O N r N 2-11 3 C ti O M r O O O 6D r O N J a I M O r C N L V f� a+ Q Packet Pg. 148 locuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d I JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERvICE"..,' TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT For Meridian Landing RPUD (Bayshore Drive & Thomasson Drive, Collier County, Florida) July 23, 2019 County TIS Review Fees TIS Methodology Review Fee = $500, 00 TIS (Minor Study) Review Fee=$750.00 Prepared by: NMv TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 113 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJEOT NO. 19071 5) 14ZZAF 7-23 - Zd11 �AME BANKS, P.E. DATE FLORI RE0. No. 4365© Packet Pg. 149 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d APPENDIX A 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. Date:7-23-2019 Time: Location: Collier Copgt y Government Offices(North Horseshoe Drive People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) 4) Study Preparer• Preparer's Name and Title: James M, Banks, P.E., President Organization: JMB Transportation Engineering, Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewer(s): Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Meridian Landing RPUD Location: Northeast corner of Bayshore Drive & Thomasson Drive Land Use Type: Multi -Family ITE Code 4: LUC 220 Proposed number of development units: Existing is 108 m-f . Pro osed is 127 m-f Other: Description: Zoning: RPUD Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached MsersVames M. Banks1De5kfop1PR0JECT511 Coker Covaiyh790715 MeaidianIJOeOh dak)gyRepod..doc Packet Pg. 150 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d Study Type: Major Study Study Area: Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2023 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE.Trip Generation Manual 10th Edition Table 1 Reductions in Trip Generation Rates: Pass -by trips: Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2023 per Collier County's 5-year CIE. Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table I Trip distribution method: Based upon manual assignment (See Table 2 & Figure 2) Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested trips method, whichever is greater. CAUsesUames M. BankZIOOSMMPROJECTal Collier Coenghf967f5 tvEend[anlhAethada[ogyReporfdoc 3 Packet Pg. 151 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study —No Fee Minor Study - $750.00 X Major Study - $15 00.00 Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant ClVmUsmes M. Hanks1Dwkwp1PR0JECTa1 CalGer CwnhA I90715 MerrdianWlalhodUo�yRaporf.dw M4 Packet Pg. 152 Sigr UBIIPIJGW LOU0006W-ld : bb9t,�) dnjoe8 3d33 4ZOZ LZ Aienuer LM0006W-ld £0 :;u8uay3Y211V Q ZONED: RMF-6 M o RESIDENTIAL II Fl- AVALON ESTATE UNIT NO. 1 w 3 ¢ (PLAT BOOK 3, PAGE 62) LLI I- Z a o UW CO Q Ch W Q U W IL U zzn ¢v 0 W Z O 4 Q m �a0 s m � ❑ J� n zm w �0W g<aa zoa OB�m w W ¢ 0] LL+mY Z 00 a ¢mm 0 ¢ z z 0 N 6.0' WIDE LANDSCAPE BUFFER EASEMENT TTL/ of LL LL p LL wm LLw LL I ♦ I w U aN z I I _ I m co LL La haw � z w c- N LLI \ LL LG \ I \ \ Q [ U? n - w a o o Lu ...... .... . ......... W. (20' WDE,TYPE'D' LANDSCAPE 6U'FFER� BAYSHORE DRIVE (10D' RIGHT OF WAY) LL O U � z W j Q m WU u) W c) � 00 W () z �r ON Q LLI O 0 It < LLI [If C o � LL. Y cr O p (6 O LL W z w g Lu LLJ U) a Q L¢ii w F 3 LL, J LL Q W O z> LLI QD Oo- z z a 0 u LLI J t DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.2.d TABLE 1 TRIP GENERATION COMPUTATIONS Meridian Landing RPUD Proposed Land Uses a a Land Use c� Code Land Use Description Build Schedule c 220 Multi -Family (Low Rise) 127 Units J Land Use C T Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit L LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 919 AST ti 00 AM Peak Hour (vph) = Ln(T) = 0.95Ln(X)-0.51= 60 vph 14 / 46 vph c 23% Enter/ 77% Exit = rn PM Peak Hour (vph) = Ln(T) = 0.89Ln(X)-0.02 = 73 vph 46 / 27 vph o 63% Enter/ 37% Exit = a m v r Q 3 Y V R m U d V U N O N r N i'_' R 3 C ti O M r O O O 6D O N J IL M O a+ C N E L V f� a+ Q I I i (0 1 Packet Pg. 154 Docu: f-1 Packet Pg. 155 &)r . . . _ ,� ,� �_ , „ �.� .-- ue PPOW L@ELOOMOZ d:tt 9 L dnj,ee odoo LZ z 4z Aienuer L8 LOOM OZ d O ]uemt4,e■� V to LO w /f0 O / ƒ2z Z IL m _ «G # a)E y 7 IL — — )�y y �Rw w m $aq 0 6 � z o CL 2 § �x�=o CL z IL ƒ F- ( D C . EL m a a > UL. . %k\ \ < a a » m LLI Lu S § J / D CDE / (n -- co coo j > �(L LU ir \ i n 0 fL $ 7\O S § w g � . 7 � . a ¥ ® of 2 s k $ § 2 CD= \ ) ( \ 3 < M 6 m v D / } \ e w � • § § .0 CD} 2 E » 2 IL a m e &)r . . . _ ,� ,� �_ , „ �.� .-- ue PPOW L@ELOOMOZ d:tt 9 L dnj,ee odoo LZ z 4z Aienuer L8 LOOM OZ d O ]uemt4,e■� V wLO � ■ a \ IL � CL _ > � W E 7 J f n) D J � \]ff22k e > 7 A � � 2 Z_ \ o § \ / 0w J § \ @ u M < � � � m ■ / o 0 O § 5 r @ r ( « w > ad co � 0 N 7 J / � 0 a \ / e = G Sigr �._.._ _._ _ uelIPPOW L8£LOOMOZ-1d ttgtq) dnjOeg OdOO LZOZ 4Z Aienuer L8£LOOMOZ-1d £O :;uauayOellV co N o o pr m it � Q N - JI C d ++ j D �C � �, O C1 M O NO a d a V O O N a , c o 0 a N M _ a Y (L N 4 N N f4 E O 0 r d 7 n C CA 0 P 0 r 0 co 0 m1Q 9.A.2.d Meridian Landing GMPA (PL20190001387) FEMA 2011 ❑ A AE AH JW VE ❑X FT XJ`00 Exhibit Vs Flood Zone v v a a� c c J C R �L C� C i` 0 M O 0 70)�"�oTHOWSSON DR 0) T— O N J a- Subject Property — Flood Zones AE (7) Y m m U ar Layer FIRMette FFNIA Legend a aalanammannea..1,�e�..n..n.nakxe.nn.lnk,.,�,l.,m� V NNwMuI Bre Fbee EkuLm IBEF7 wRI, RFEv Nepnn...u.e..w. ,r,la r (V - - - - - - ^ _ - - - - - _ HexARNsae�s RyWebry Rmeway tl.z%remnnlLnane m¢Naarn.�� N I LTr�l.-1 Fsa aereHe � ,3r , �wn� Inn�°a�;ltlrenl� N nn n� tAnnre Mk =o.., t` NZ weoa�neRl,x onnm � OTHERAR— �+��L,� " FLQON HLLRN vee rlafmakeu mme my Luwr..no !�I{ L•'R/1 TES RYE L t � � m `�� ` fHecLra LOMRe � ■ __ , -mT Zone A£ OTHER 8RFL5 —_- prea olllMHermNM £bee Xeaq zea<o 00 IEL7F;Y , illl tevce. wre. er +t GFN ERat - ��ooewnl�ln Sewer e 00 srRucTURFs ' T creel rnarre 0 rn 0 I!nCn•k 1• Ij,I IN It) _ - fRoom umn T 0 ORR__„onl�stm N FE r,Re _ ymop p c Fe.rum J � a �relpma..Mla�e l m nlFluleemm�ll.k M _ �.`� - '1 i - MAP PANFIS llnmeppe¢ 0 4 ���k�.>,�nnme�.akana�mwmaml � m nun�onuwapmpn�rynuueeesn ,aelleaan e� 150S R25E 523 Im FFINA's sm,mmubrme ux of G - - el&ralr®oe maqull nnolvae as eezulnM oerw_ attueetyu ntlerczn eompoes wm FLlxA'n meernap reay nem Me is m nve,¢Inkrmeuonn ELi m� � (ELY6 FadL nexp rteo onHr 6 zmvnue x<-.s��w, c�nlnl o p Q neng o�ettaweInlormekuo m., Mange prune - eemme superueeeegnaw aMn aerrme- - rn maR lmeg nvaaeme ore olmme or me menwrg mep � _ _ � k ennwk 9kePPenx eezemaPlmn6ery nmernne leeen. � IegRmtl mep aeapm Oale tanmunly ltlenr Rals r�kt 1 �6. DDD - _.. mace l,ra n�meaer�l.eann¢•xoe,,,P to rxamr a zap Soo i'mo i•Soo 2.mo °� alr rvem July 16, 2019 m GradyMinor Page 1 of 1 MLPA-19 Exhibit VF.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.co Packet Pg. 159 National Flood Haz INSTR 5541882 OR 5499 PG 550 E-RECORDED 4/18/2018 11:27 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $10,500.00 REC $27.00 CONS $1,500,000.00 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Jere F. Daniels, Jr., Esquire Winderweedle, Haines, Ward & Woodman, P.A. Post Office Box 880 Winter Park, FL 32790-0890 Parcel ID No. 61840560008 Consideration: $1,500,000.00 EXHIBIT V.G.3 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed the _ 7%ay of April 2018 by CIRRUS POINTE PARTNERS, address is 90 South Bradshaw Road,...: GENERAL PARTNERSHIP, 4,F Naples, Florida 34108 (Wherever used herein the heirs, legal repre corporations.) a Florida limited liability company, whose mailing � k� 027g3,("Grantor") to KHD DEVELOPMENT WITNESSETH tt the tdr,� and i valuable considerations, re. whereof is hereby aliens, remises, releases, co and confirms un N Collier County, Florida, viz Lot 103, Naples Groves acid plat thereof, as recorded in Plat`Bool�, Collier County, Florida. whose address is P.O. Box 110062, include a,11 thearties to this instrument and s.�=the successors and assigns of 11f the sum of $10.00 and other hereby grants, bargains, sells, all that certain land situate in I& Farms No. 2, according to the 27-A, of the Public Records of Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. SUBJECT to those matters set forth on Exhibit "A" attached hereto, the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; and that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantor. OR 5499 PG 551 9.A.2.d IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered CIRRUS POINTE P S, LLC, in our presence: a Florida limited li mpany STATE OF FLORIDA COUNTY OF The foregoing Paul G. Wolmarans, as on(�its behalf, ❑ j By: Paul G. olmarans, as Manager � t A ON istrumht w acicnoavledged before me vlanaer oCiuOmte'ar1is, LLC, who a' is � a day of April, 2018, by )rida li ited liability company, �r who has produced 6RIDGE 4. ltSA SRO, js 03 MY COMMI, G 22 2021 OTIREs; Nb u>7iic, State of Florid Tnn,wom Prints Name: Lcj>c�, y$dfimission Expires: --.:Lz- al [Notary Seal] R:\Wolmarans, Paul\Cirrus Pointe Partners st Headwaters\Documents\Special Warranty Deed.wpd 4/16/2018 (11:02 am) *** OR 5499 PG 552 *** 9.A.2.d EXHIBIT "A" EXCEPTIONS 1. General or special taxes and assessments required to be paid in the year 2018 and subsequent years. 2. Restrictions and easements contained on the plat of Naples Groves and Truck Company's Little Farms No. 2, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. 3. Right -of -Way Easement in favor of Collier County, filed in Official Records Book 1090, page 1697, of the Public Records of Collier County, Florida. 4. Final Order Establishing -, ,County Water Management District Number Seven recorded-j' rd-al Records Bo�k,2� ,1?age 976, said Agreement amended in Official Records Bpolc 86, page 1610, of the Pu is R''gcords of Collier County, Florida. 5. Notice of En of the Public 6. Drainage, Access *rid-) of Collier County Mortgagee's Consen Official Records Bob Easement recorded in C Collier County, Florida in Official Re& Td d in Official Recce# i, page 3666, and Book 4303, page 2795, i Pointe Partners, LLC in favor 4 9, page 2304, as affected by t 49, page 2307, as re -recorded in nation, Consent and Joinder of 2301, all of the Public Records of 7. Terms, condition, limitations, restrictions and covenants as set forth in Ordinance No. 08-3 8 which amended Ordinance No. 2005-63 and approves an Amended and Restated Agreement Authorizing Affordable -Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property filed August 8, 2008, in Official Records Book 4385, page 392, of the Public Records of Collier County, Florida. 8. Utility easement in favor of Collier County by virtue of Order of Taking recorded in Official Records Book 1462, Page 2268, of the Public Records of Collier County, Florida. 9.A.2.d EXHIBIT V.G.4 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20190001364 and PL20190001387 1 Kevin King (print name), as President (title, if applicable)of KMK Development Corp, General Partner of KHD Development General PartnurOip (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQ applicant=contract purchaserF7and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorfzB C Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. e If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the faVstatci in it are true. �Zz, D velopment G er artne pDAe By: KMK Develop nt Corp, its ffafleral Partner Kevin King as President of KMK Development Corp 5TA'TE. OF Fi:91r.B_a. aR VAtI-A�Vc'&\%A The foregoing instrument was sworn to (or affirmed) and subscribed before me on Au��a� b;t\)``date) by z— A(name of person providing oath or affirmation), as Qce�C�q,�le ads kCM a�... (. who is personally known to me OF who has redue 4- STAMP/SEAL Signature of Rotary Public \V CP\08-COA-00115\155 REV 3/24/14 . ti 00 M O O O CD r O N J IL i M O E t Q Packet Pg. 163 9.A.2.d LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting Q property identified in this Application. c� KHD Development General Partnership a> B KMK Development Corp,ts General Partner = Y� p p- J / Signed: Date: Z` cc K vi ng as Presi n K evelopment Corp L a� I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. r00i 0 0 0 KHD Development General Partnership c By: KMK Development Corp, its General Partner � a K vin Cing as Pre d of ' K Development Corp CU _ U (U Sworn to and subscribed before me this �� day of 2019 N by V-t i n, � N MY COMMISSION EXPIRES: Q`�e l ��-�''�c� N Notary Public-r...�e� `��V� C�+.�V¢. ctF lw� cw�.., 1•w1.*►i N CU CHOOSE ONE OF THE FOLLOWING: ✓ who is personally known to me, 00 who has produced as identification and 0 o rn did take an Oath o did not take and Oath -J a NOTICE - BE AWARE THAT: "' c _ Florida Statute Section 837.06 - False Official Law states that: E "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of %500.00 and/or maximum of a sixty day jail term." a 7 Packet Pg. 164 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST 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) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Fol OTHER PUDR and GMPA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2 Plat Book 1, at Page 27-A (S14, T50 S, R25 E) FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 61840560008 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 2801 Thomasson Drive • 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) Cirrus Pointe RPUD PROPOSED PROJECT NAME (if applicable) Meridian Landing RPUD (Not approved at this time.) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Rev. 6/9/2017 1 Packet Pg. 165 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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) Meridian Landing Please Return Approved Checklist By: [�] Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour as Planning Technician for Q. Grady Minor & Assoc, P.A. Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.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 61840560008 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 07/03/2019 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Packet Pg. 166 9.A.2.d Information Folio 61840660008 Acres 9.96 Packet Pg. 167 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 4.1 4 w5er&Qo- e 23 ) 252-2400 ., 5G r Assigned Planner: Sue Faulkner Engineering Manager (for PPI.'s and FP's): Project Name: Meridian Landings Small Scale GMPA PL #: PL20190001387 Property ID #: 61840560008 Current Zoning: RPUD-BMUD-R2 Project Address: 2801 Thomason Dr. City: Navies State: FL Zip: Applicant: KHD Development Gen. Partnership Agent Name: Wayne Arnold Phone: 239-947-1144_ext 1230 Agent/Firm Address: Grady Minor/3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Property Owner: KHD Development Please provide the following, if applicable: i. Total Acreage: 9.45 (Property Appraiser lists 9.95 acres) ii. Proposed # of Residential Units: 127 ill. Proposed Commercial Square Footage: 0 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: #08-38 Cirrus Pointe vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/24/2018 Page 1 1 9.A.2.d Packet Pg. 168 9.A.2.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT N PL S, FLORIDA34104 (239)252 -2400 Comprehensive Planning: Meridian Landings Small -Scale Growth Management Plan Amendment - SSGMPA (PL20190001387) is the companion to a PUDR (PL20190001364). The GMPA will add a new subdistrict to allow higher density residential market rate housing (127 DUs =10 DUs/A). No longer building affordable housing. The applicant is requesting to use 97 density pool units to reach this higher density. There are adequate density pool units to provide the 97. The development is likely to be 4 stories over parking. The Future Land Use Map designates this site as Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay and also within the Coastal High Hazard Area. Currently undeveloped and wooded — so this is not a redevelopment project, Site lies within City of Naples Water Service, so County will send request to City of Naples for a letter of adequate supply concerning the water service and its impact. Compliance with Conservation and Coastal Management Element (CCME) Policy 12.1.2, esp. as it pertains to "Increases in densities [shall] provide appropriate mitigation to reduce the impacts of hurricane evacuation times"; Discuss mitigation strategies with Director of the Bureau of Emergency Services (Dan Summers), provide results of/outcomes from these discussions with application materials. This may not be applicable as the density increase is proposed via use of density pool units, which have already been accounted for. Refer to B/GTRO paragraph no. 9 for provisions regarding density calculations. May need to revise the overlay to cross reference the subject site. • Provide proper data & analysis for the introduction and increase to residential density, If project is proposed for solely for market rate rental apartments, make sure data & analysis supports this. Please follow the GMPA information sheets given to you at the pre-app meeting. Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the F re --Application Meeting is based an the best available data at the time of the roeeting and may not frilly inform the applicant of issues that could arise during the process. The Admioistrative Code and t..DC dictates the regulations which all applications must satisfy. Any checklist's provided of required Updated 7/24/2018 Page Packet Pg. 169 9.A.2.d co nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT T MAPLES, FLORIDA 34104 wvv.cq� li�rp, y,net �239� 252-2400 dictates the regulations which all applications must satist;y. Any checklists provided of required data for an application may riot fully outfine what is needed, If is the applicant's responsibility to provide all required data. Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david_anthony@colliercountyfl.gov ❑ Summer Araque Environmental Review 252-6290 summer.brownaraque@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov eidi 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 Impact Fee Administration 252-2924 paula.fleishman@colliercountyfl.gov ❑ .lames French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundiach@colliercountyfl.gov ❑ Shar Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org ❑ John Houldsworth Engineering Subdivision 252-5757 John.hould.sworth@colliercountyfl.gov ❑ Jodi Hughes Transportation Pathways 252-5744 jodi.hughes@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Updated 7/24/2018 Page j 3 Packet Pg. 170 c Coffier County 9.A.2.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT EN`f ww.c0er�10v,nw°t 2800 NORTH HORSESHOE DRIVE N!APL S, FLORIDA 34104 (239) 252-2400 ❑ Gil Martinez Zoning Principal Planner 252-4211 giibert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@coiliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@coIliercountyfi.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ 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 stefanle.nawrocki@coiliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandy.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Daniel Roman, P.E. Engineering Utilities 252-2538 daniel.roman@coillercountyfl.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 1 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 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@coliiercountyfl.gov [�F 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 I Development Review -Zoning 252-5748_.I_christine.willoughby@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email .w e � ge�* u�� dim — 6 . ti�..iai`:�,rau�.".(.�� C�aIP��.- ii?��"�,;��t�c: d �lela�� �t•�a"�Siaa �`- U�c,,o,�,' ;:. (' <' y9i1G-� f ��'-�� ;��. Updated 7/24/2018 Page 1 4 ti w M O 0 0 rn 0 N J a M O r c a� t V Packet Pg. 171 9.A.2.d AFFIDAVIT OF COMPLIANCE Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a. Cirrus Pointe) RPUD Amendment 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, an of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. Sharo penhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this July b, 2020 by Sharon Um enhour as Senior Planning Technician for Q. Grady Minor & Associates P.A., who is personally known to me. CABIN J. DWYER =. • �: MY COMMiSSION # GG 982357 :_�: (Signature Of tart' Pub11C�=''Fosdyc EXPIRES: May 14, 2024 Bonded Thru Notary Public Underwriters Carin J. Dwyer Printed Name of Notary Packet Pg. 172 GradyMinor 9A2 d Civil Engineers • Land Surveyors • Planners • Landscape Architects NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a. Cirrus Pointe) RPUD Amendment A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, as P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing KHD 0 Development General Partnership (Applicant) will be held on Monday, July 20, 2020, 5:30 pm at the c Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 34104 (attendees are required to wear La masks). J c KHD Development General Partnership has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan (GMP) Amendment and a Residential Planned Unit Development (RPUD) Amendment. The GMP amendment proposes to revise the Future Land Use Element's (FLUE's) Bayshore/Gateway Triangle Redevelopment Overlay to enable the development of 127 market rate residential 00 dwelling units, using 97 units from the Density Bonus Pool. The companion RPUD amendment proposes to cl amend the 9.93+/- acre Cirrus Point RPUD (n.k.a. Camden Landing RPUD) to construct a maximum of 127 0 multi -family dwelling units and to eliminate the previously approved Affordable Housing Density Bonus rn r Agreement. N J a - The subject property is comprised of approximately 9.93± acres, located on the northeast corner of the intersection Thomasson Drive and Bayshore Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida. � � ■r ■1111■111� � ■ �' � � .°•�.��'��,.�.�� �• ,■ I■nulw�l■1■' ■ ■1■Irl■uunl�♦ .•.�� M= ummulunll>• iii� ■ _■ rrruumnrrrrrrrl� ` �j += �■ rrrrrrrrrrnrrErrrr�, ■ ■�1 ■ _-Project �Illlil11111 -�_ rrrrrrrnurrro.rr�v.�, ■ rq� �- !i' S rrarnrnurr�.rrrrrri. �� �% � 11 • � ■1 rum {r_.�� • ■.■`.. �■ rirrrr a`�� . - � . - . . +. .�lermuritiiiufrrirr�p S � rilir r r iiii rrniir iislu�l � � ��•�% � � � . � �Illlllllllllllllllllr a �Ilrlllllllllrlllll■r -CIIIIIIIIIIIIIIIIIIII 11131 :IIIIIII■1■IIIIIIIIIIII Location Map -unuulnlnml° ��I ������ If you are unable to attend the meeting or have questions or comments, please contact Sharon Umpenhour at Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134, sumpenhour(aD_gradyminor.com, phone 239-947-1144, fax 239-947-0375. Project information is posted online at www.gradVminor.com/planning. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Q. Grady Minor & Associates, P.A. 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U N N o v N o N o n f N a Iv M O N C a O N 0 0 0 0 N N N O r r N N�x N O N a C7aaaaa a,�a,�a,�a,�aUv��v��a� a,�ZNaZ th , - I QUJO " X x JJJJ 3 -JJJJJ O� IL�LLLLLLLL�LLLLLLLLLL�IL IL IL IL IILQLLoxILF m mmmm Z m m mmmammmmLLLLmmmm�Umo W F W W W W o W W W W W x W W W W Ld Ld W W D W J� W o a zaaaaZaaaaa�aaaa>>aaya0ma� z°zzzzWzzzzzmzzzzmmzzmzwwza x o0 ~ ik ik O K K z m U U Z W F 0 w gg C w LLLL w Z f W J J f f LL 0 K U U W W F _ ¢ ¢ U J H H Z o a mm OUw x o 0 ~ u u 0 Z O m m m _ U U > > FF O a U ' 11 11 W W N W aorno wiV(r (r (r¢O �¢O UwF>o> 3a r mQ gN gN aN wwwOwOowWO xM oQ MWN¢ N z 3w02�ozzzzWEQ:20W0wgw owwwwz¢ F-Io¢N<wW mm mi»i 2 0002 aV zzzz N 4 z Q Q Q Q a f f W 0 0 0 0= F 0 0 W 0' of J xxxxU K W W} 4 O¢U Z O¢ J J J J U m ~ m m W Z wm 0 fw �00WWW ZJJJJm K �UUO (9 ROQ W O� Z Q Qwoo o x x x x Y LL W. Z W W W W- U m> 0 O W W 0 K K W 2 0 0 0 Q W IzzZZ5W Z w' O O W- 4�Q W f N R w x K LL' Q m m U F}}}} M m Z W Y N N J¢ W Z�' 2 z QLL }X�gw ¢ w LL¢ Z LL, LL, Q 7 0 0 0 Q Q W W W- F x Q J LL MF-� Ww.wooLj Ljdo oo mzZNzokw W ¢Q wm}5c�c�mLLKKKK z0000��3om W zc��J w w w x W W � LL---- 0 0 0 0 u7 u7 }} N N N N N N N N NEIGHBORHOOD INFORMATION M Petitions PL20190001387 Meridian Landings (GMP 9.A.2.d PL20190001364, Camden Landing (f.k.a. Cirrus Pointe) RPUD Amendment A Neighborhood Information Meeting hosted by D. Wayne Arnold, Al of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, E as of Coleman, Yovanovich & Koester, P.A., representing KHD Development G ral Partnership (Applicant) will be held on Monday, July 20, 2020, 5:30 0 at the Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 04 (attendees are required to wear masks). J KHD Development General Partnership has submitted formal applicati r- to Collier County, seeking approval of a Small -Scale Growth Managemer an (GMP) Amendment and a Residential Planned Unit Development (I '�, D) Amendment. The GMP amendment proposes to revise the Future Lan se Element's (FLUE's) Bayshore/Gateway Triangle Redevelopment Over M to enable the development of 127 market rate residential dwelling units, c'1g 97 units from the Density Bonus Pool. The companion RPUD amen o nt proposes to amend the 9.93+/- acre Cirrus Point RPUD (n.k.a. Cc c an Landing RPUD) to construct a maximum of 127 multi -family dwellinc its and to eliminate the previously approved Affordable Housing Density a us Agreement. The subject property is comprised of approximately 9.93± acres, local an the northeast corner of the intersection Thomasson Drive and BayshorE " ve in Section 14, Township 50 South, Range 25 East, Collier County, Floric D_ U JR1 A J iWHI HMxL'•u V I•. ;4 U O N = N � C . yp � +e #r pmassar� DR f 1r 00 G '. SUBJECT C �= PRQPER TY fix I N J I c If you are unable to attend the meeting or have questions or comn m E Is, please contact Sharon Umpenhour at 0. Grady Minor and Assoc 5 ,s, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134, sumpenl a ^@ _gradyminor.com, phone 239-947-1144, fax 239-947-0375. P.-pact information is posted online at www.gradyminor.com/planning. The Neighborhood Information Meeting is for informational Packet Pg. 179 of a public hearing. No-GC10446263-01 9.A.2.d From: Sharon Umpenhour To: Shirlev.Garcia(c colliercountvfl.aov Subject: Camden Landing RPUD - Bayshore and Thomasson Date: Wednesday, July 01, 2020 4:30:00 PM Attachments: ND-GCI0446263-01.Ddf Good afternoon Shirley, I wanted to provide you with a copy of the ad for our July 20, 2020 Neighborhood Information Meeting, which will post in the Friday, July 3, 2020 edition of the Naples Daily News. Letters will be sent to adjacent property owners also. Regards, Sharon Umpenhour Senior Planning Technician GradyMinor Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone - 239.947.1144 Fax - 239.947.0375 Email - sumpenhourQgradyminor.com Web - http://www.gradyminor.com DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified "plan of record" along with actual project site conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. Packet Pg. 180 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 PLEASE PRINT CLEARLY 'Mease be advLsed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, a e-mail addresses, phone numbers and certain home addresses are public records once received by a government 2 agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of c checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. J NAME: 'C} �f`I�G� EMAIL: 6'flf%�l%L�o��i1dD,CQ/7' C m - ADDRESS: PHONE: 0 M O NAME: S EMAIL: S6 Re (-OVA Ct t ei e r ft�� 5��' •fi.�� a ADDRESS: �s��PHONE: N J d NAME: �J ( ,/ EMAIL: /) � ADDRESS: I PHONE: - r 3 �c NAME: EMAIL: f m ADDRESS: PHONE: � v N O N NAME: EMAIL: N ADDRESS: PHONE: c ti NAME: EMAIL: M r O ADDRESS: PHONE: c as 0 N J NAME: EMAIL: a I M ADDRESS: PHONE: O c a� E NAME: EMAIL: Q ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 181 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001304, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 PLEASE PRINT CLEARLY ***PLease be ndv�_"O*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, a e-mail addresses, phone numbers and certain home addresses are public records once received by a government 2 agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of c checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. J NAME: L,l °L G�tL e i EMAIL: Sit ': Gc` U,&4 e r 6 co �rl ADDRESS: PHONE: / 00 M NAME: - r �` EMAIL: O O � rn ADDRESS: PHONE: N J d NAME: EMAIL: v ADDRESS: PHONE: r Q. NAME: EMAIL: m U d ADDRESS: PHONE: v U N O N NAME: EMAIL: N ADDRESS: PHONE: c ti NAME: EMAIL: M r ADDRESS: PHONE: O c as 0 N J NAME: EMAIL: a I M ADDRESS: PHONE: O c a� E NAME: EMAIL: Q ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 182 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 REMOTE ACCESS PARTICIPANT LIST a a NAME: Michael Sherman EMAIL: msherman48@gmail.com C9 ADDRESS: PHONE: NAME: Donna McGinnis President and CEO of Botanical Gardens EMAIL: dmcginnis@naplesgarden.org ADDRESS: PHONE: NAME: Mike Brewer EMAIL: Unknown ADDRESS: PHONE: Unknown NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 183 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Wayne Arnold: Good evening, everybody. I'm Wayne Arnold. We're gonna go ahead and start our neighborhood information meeting. And we're here to hold a neighborhood information meeting for the Meridian Landing, small scale Plan Amendment and the Camden Landing residential planning unit development. These are for properties that affect properties that are the northeast corner of Bayshore and Thomasson Drive. Many of you are familiar with that location, obviously, and this is an existent PUD known as Cirrus Point and we're modifying the name and making some other provisions to change the density. We're going to go through a short presentation to discuss that. We do have people listening remotely on telephone so it will be important to try not to talk over one another. We have another microphone set up so when we get to the Q&A portion people can come and ask questions. I'm trying to one record it and two make sure that the people on the phone can hear us as well. I wanna make a few introductions. We have Michael King and Greg Wardeberg both from the applicants. They're with, um, the head waters development and KHD development. Rich Yovanovich is our land use counsel. You know Rich. And Sharon Umpenhour is here, and she is recording the meeting and taking notes for us. Um, from the county and are visiting with us tonight is James Sabo from the zoning department and Sue Faulkner from our comprehensive planning department and they're here to answer any questions you might have ask specifically of staff but this will be our meeting. We're gonna go ahead with a short presentation to kind of go ahead and tell you a little bit about the modifications we're making to the project. Tony, if you could advance that to the next slide, please, number three. Sharon Umpenhour: We're on slide number three if you have a copy of the presentation. Wayne: Thank you. This is a location map. Highlighted in the center, we have the Camden Landing. This is the vacant property. Some of you who live in the area I'm sure have [speaking in background] seen the construction equipment stationed on site. Sharon: Yeah, that's fine. Thank you. Wayne: And that's, um, going to be part of the road improvements that are taking place on Thompson Drive. Across the street from us is Mattamy Homes project that is under construction. North of us is the Abaco Bay project and north of that is Botanical Place. And then of course Del's is immediately south of us and across the Page 1 of 9 Packet Pg. 184 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM street caddy corner is the botanical gardens. So, I think we're all pretty familiar with the location of the project. Tony, if you could advance the next slide, number four. This again is another inset showing you the property that's, um, it shows a closer up of the property itself. Part of this vegetation is gonna remain as our preserve and I'll go through the master plan in just a moment. Um, next slide, please Tony. So, again, we're modifying the future land development of the comprehensive plan to the Bayshore overlay to make provisions for our increase in density. We're proposing to go from the existing 108 dwelling units to 127 dwelling units. The existing approval that allows 108 dwelling units is, partly through an affordable housing density bonus and it requires us to build affordable housing. The project that is proposed before you today with 127 units would be all market rate units. Next slide, please? This is the actual language but I'm not gonna read through all of it but it talks about the 127 market rate units on the 9.93-acre project. One of the overlays I mentioned, and it has several provisions for density increases and none of those apply to this specific piece of property which is why we need to do the modification to the comprehensive plan to allow the density that we're seeking. We're also modifying the master plan. We're adding new development standards and we have couple of deviations that we've added to the project. Next slide, Tony. This is our density calculation. To get to the 127 units, we're utilizing the base density calculations available to us and then we're also proposing to utilize 97 of those bonus units that are available to projects in the Bayshore corridor. The language, we're modifying in the comprehensive plan talks about this site utilizing up to those 97 units to achieve the total 127 units. Next slide, Tony. This is the comprehensive plan language and I know it's difficult to read on the screen. Again, we're modifying two sections of the comprehensive plan to add provisions for the use of the bonus units to achieve the 127 units on this site for market rate housing. Next slide. We have two deviations. One is a minor deviation we're asking for related to parking in the clubhouse. We don't believe this site given its size and compactness needs all the parking that the county would tell us we need for clubhouse facilities since it's going to be largely a pool and a small cabana with bathrooms. So, Page 2 of 9 Packet Pg. 185 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM we've asked for deviation from that parking standard. We're also asking for an open space deviation which is not very typical for projects but in residential projects, Collier County can have 60% open space. But we're talking to Collier County about dedicating right-of-way that they need for the Thomasson improvements. And with that loss of acreage, we go below 60% open space that we would otherwise achieve. So, we've asked for deviation from that standard to allow us the 54% open space from the required 60%. Next slide. The approved master plan, this north is up on the screen it shows you a preserve area on the plan and a large area with the development envelope. Next slide, please. On this one, we've added more detail to the proposed master plan. It shows you the conceptual building locations. We've made the preserve a lot more legible in terms of its location and we're showing you the internal circulation as well as our clubhouse amenity which is labeled AA on that plan. Again, this is 9.93 acres, 127 units. We're proposing these units will be four stories over parking. Next slide, please. The applicant has been working with a local architect and landscape architect. This is the conceptual rendering of the master plan. It just shows you some of the landscaping and preservation area in place, how this looks from the aerial perspective. And the next slide, Tony, shows you a couple of renderings that highlight the entrance to the project and you can see the four story over parking buildings. And, um, that's our short presentation of what we're proposing. Rich, if I didn't leave anything out in terms of the presentation? We're happy to open it up to questions and try to answer them. Sharon: I would take the people on the phone first and — Wayne: And I was just gonna ... For those folks that are on the telephone, if you have any questions, if you'd let me know we'd be happy to take you first. Michael Sherman: How tall are the structures? Wayne: The structures are four stories over parking. We have specific development standards in our development table. It's a PUD document. They would be 61 feet zoned height which is sort of the average building height. We've asked for the actual building height which is the highest peak point of the building is 71 feet. Michael: Thank you. Page 3 of 9 Packet Pg. 186 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Wayne: And that was, you said Michael Sherman just so I can get that noted for the record. Thank you. Michael: That's okay. Can I add one more question? Do you know the height of Botanical place? Wayne: Yeah, I think I have that written down. Can you give me one moment? Let me find my note sheet on that and I'll be happy to tell you. Michael: Sure. Wayne: Maybe we could take another question while I'm looking for my sheet. I've got all of those numbers written down. Any other questions from anybody on the phone? Okay. Anybody in the audience? Come on up. If you don't mind coming forward. Um, this is Mike Sherman again. Go ahead. Michael: Yeah. I had one more question about the parking. I'm not sure I understood, where it [inaudible]. How many parking spaces do you have per unit? Wayne: I believe we're providing two parking spaces per unit for the, units themselves. Most of those are underneath the building and there are some surface level parking on site. Michael: Thank you. And what is the, what is the variation of the amenity? Wayne: The variation for the amenity, the counties got a formula based on square footage of the pool area etcetera. We believe it's only necessary to provide for handicap parking and a couple of drop off spaces given the proximity to the clubhouse and all the units. It's not an amenity where everybody would have to drive there. So, we don't wanna provide additional parking and take away further from the open space in the project. Michael: Okay. Looks great. Wayne: Okay. And I'm gonna come back to you on the height for Botanical place as soon as I can my note sheet, okay? Michael: Yep. Wayne: All right. Thank you. Page 4 of 9 Packet Pg. 187 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM [inaudible — crosstalk] [00:09:45] Michael: On the approach, um, cost of the units from marketing steps? Wayne: Um, I could tell you that the price for the units are not yet determined. They are going to be market rate. Greg Wardeberg here can certainly try to address that and tell you what they think the price points are possibly at the base mark but I think we all realize it's a changing market and, um, what it is today may not be what it will be when it comes out of the ground in another many months. So, Greg, do you wanna take a shot at that? Greg Wardeberg: Yeah. So, we've, um, we've worked on that and what we're starting with right now is we have four different sized plans and our smallest plan would be in the $350,000 range and our largest plan would be roughly about $700,000 is where we're at right now. If that helps with your thoughts there. Michael: I was wondering the plan for the sizes. Greg: They start at — Wayne: We're talking about another question, Greg? Greg: Yeah. He's wondering what size the units are now and so the smallest unit is 1500 square feet and the largest unit is 2400 square feet. Those are both under air so they balconies and those are approximates as well. Michael: Okay. Cool. Wayne: And, again, I have the Botanical Place information in front of me now so let me go ahead and tell you a height for those. For the multifamily buildings, they allow a height of 50 feet and four stories. That was written in the PUD document. I don't know what their actual height is that's been constructed but the PUD allows it to be 50 feet and four stories so I'm assuming that a four-story maximum height not to exceed 50 feet. So, I would have said that this is an older document so that is the height for Botanical Place that's built. Michael: Okay. Thank you. Wayne: Okay. I'm gonna move on to one of the speakers here in the audience that's got a question. If you wanna come back up, sir. Just if you could please state your name. Page 5 of 9 Packet Pg. 188 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Al Schuntzer: Al Schuntzer, Canal Street. The question I have is are you gonna be bringing this back from the CRA board or the [inaudible] [00:12:04] the recommendations? Wayne: Just so it's clear for everybody listening, the question was are we gonna be bringing this back before the CRA board for their approval or disapproval before we move forward. Mr. Wardeberg made a presentation I think that was maybe on March second to the CRA advisory board. It was early in March that meeting. Al: Yeah. It was probably, that was originally there wasn't a [inaudible]. Wayne: There was a vote taken at that meeting. I wasn't in attendance, but Greg was. I don't know the reports of the status of that meeting, but I do believe that there was a vote taken by the CRA advisory board in support of the project. Debra Forester: I have the minutes from that meeting if you — Wayne: Deb we can't hear you back there. So, if you don't mind Debra: It could be because I have a mask on. Wayne: It could be, and you can take it off if you feel comfortable doing that. Debra: It's Debra Forester. I have the, um, minutes from that meeting. I think they were signed because I noticed, and I didn't see an actual vote from the board. Um, it does talk about having a meeting, the neighborhood information meeting. So, I think that's Mr. Schuntzer was wondering if after this meeting and all of the comments that you receive of staff if you would be coming back to the CRA board for a vote. There were a couple of items, um, in that changed to your PUD document such as the removal of the fair share for the roundabout. And I think the heights for the building as well was discussed at the meeting. Um, some folks have raised that issue. So... Wayne: Debra, if you could let us know your schedule for an upcoming CRA advisory board meeting, that would be helpful to us. Debra: So right now our next meeting is not scheduled until that first Tuesday in October. I don't know what your schedule is. There is an opportunity, of course, to have a special meeting which we Page 6 of 9 Packet Pg. 189 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM might have in September for another issue. So, um, again, I'm not sure when you're planning on going forward to the planning commission if you want. Wayne: Okay. Thank you, Debra. Any other questions from the folks? Yes. Come on forward. Al: Al Schuntzer again, Canal Street. In reference to your density increases to, 127 from 108 and going market rate with without any kind of affordable housing criteria and having minimal amount of amenity spaces so that you're requesting less parking plus the open space from the previous plan that I see. It's gotten cut quite a bit back on, from the front corner. And I guess there's gonna be no give way give back on the planning [inaudible] [00:14:51 ] participation in land to get the [inaudible] properly placed down there. So, those seem to be things that need to be worked through to work with the planning commission to see if it really fits at five stories with that type of density. Um, the other, the other concern that I have is storm water and, I don't see in your plan there that you went through, any retention ponds and such like that. And if you were going to do your runoff into that Lake Kelly ditch that's next to your property there if that's where the storm water is gonna go and where the [inaudible] ponds gonna be on this particular plot. If you could address that. Wayne: Okay. The question just to make sure everybody heard was regarding two things. One was the water management and the other was right of way related to the roundabout the county is discussing. I will try to adress the water management. And it's proposed on this site we would be treating the water that comes off the parking areas and building and then discharging it to the preserve areas that are around the perimeter of the site. I believe it ultimately discharges into the ditch but it's after we treat the water and pull back according to water management district criteria for that. And then according to the plan whether we did 108 units or 127 units we're proposing, with regard to the right of way, the language that Debra referenced that we took out was staff had requested that we donate that for the [inaudible]. I think our comeback to that was there needs to be some consideration given to the cost for that right of way whether it's impacting credits or some other amount to be determined. But it wasn't a giveaway direct to the county. So, we're still working through that. Page 7 of 9 Packet Pg. 190 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Al: But you're getting the density units. Wayne: Well, hang on. Let me make sure the comment you just made was but we're getting the density units. That is correct. And we've also heard from the CRA advisory board and others in the community that they didn't want affordable housing on this site. So, we're trying to deliver a market -rate product that responds to what the wishes for the neighborhood are. Rich, do you need to add anything else to that? Other questions and comments? Anybody on the phone have any other questions or comments? So, going back to the comment that was regarding the upcoming Planning Commission. We don't have hearing dates established for the project and we will be working toward the planning commission and ultimately the county commission. I'll have to discuss with our team about the CRA advisory board meeting. It doesn't seem like that would conflict with our public hearing schedule that's otherwise there. So, chances are we'll be back before the CRA advisory board at least to tell them where we are in the project at that time. So, if there are no other questions or comments, I guess we'll adjourn the meeting. You have another comment? Yes, sir. Come on up. Al: Yeah. Al Schuntzer, again. If you could be specific on what the deviations are that you want to the land development and what kind of deviations to the general the growth management plan, what you're asking for there. Because from what I understood, you just said is that the units behind it, the apartments behind it were at 50 feet and you're looking to go to 71 feet which doesn't really fit in. Is that part of growth management plan? Are you asking for a deviation from that in the growth management? Wayne: The, the question relates to the building heights largely and there is nothing in the comprehensive plan that limits our building heights and it's not a deviation from the code each planned development can establish its own building heights. The heights we've established will, allow our client to achieve a very I think standard for today's modern condominium type buildings. Units that have, you know, probably clear 10-foot ceiling height inside and you're got mechanicals in between each floor. So, you're probably dealing with anywhere between 11 and 12 feet per floor over parking. That's how we get to the 61 feet for our zoning height. Actual height is a different measurement that the county employs. Most of the other PUDs in this area don't have actual height but the county now uses an actual height which establishes sort of a maximum height from the road crown nearest your site to the very Page 8 of 9 Packet Pg. 191 9.A.2.d Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM tip top of the apartment building. Al: So, that's from ground 71 feet? Wayne: Yes, it is, sir. Al: And then road crown is around eight feet? Wayne: I don't know the actual elevation of that, sir. For me, it's easier to ... I think of it as four stories over parking and what our actual height is gonna be. Any other questions or comments? Are we adjourned? All right. Thank you. Have good night, everybody. I appreciate everybody participating. 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"I §B) �§» mad \} boa BJ§ CMM C3 � a � � � 0 CL 0 � 0 k § _emEm« U» m_ OF _» k k Q. pe 2LLJ H§ 2§ » \ƒ � E® § a)g/ 2 \ CL / k ag ¥ zz LLJ z E §§ § � >¢ $ � E ± } O!S ± ( ( z $ k { k / u ( z \ § k 2 § k 3 LLJ § 6 IXE £ $ E R a Lu & 2 L (D } Q ± a u (1) u El �t-"o • 41 Nod • 11 • i c O 0 E O LJ r� W, NOTICE OF PUBLIC HEARI Notice is hereby given that a public hearing will be held by the Collier County Pla 9d a A.2.e on (CCPC) at 9:00 A.M., January 21, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL., to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 8f AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE LAND USE ELEMENT TO AMEND THE BAYS H 0 RE/GATEWAY TRIANGLE REDEVELOPMENT OVER ALLOW UP T0127 MULTI -FAMILY RESIDENTIAL DWELLING UNITS IN THE CAMDEN LANDING RESI PLANNED UNIT DEVELOPMENT, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE A[ AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PF IS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON ROAD, IN 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.93:t [PL201900013871 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDAAN ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNI DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UI CHANGING THE NAME OF THE RPUD TO CAMDEN LANDING RPUD; BY ADDING AN AMENITY A REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY P DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND F PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECRE, AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETI TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROF LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED -USE OVERLAY DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SEC' TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/- ACR BY PROVIDING AN EFFECTIVE DATE. [PL201900013641 All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE; made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Gov Center, 3299 Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled hearing comments must be filed with the Zoning Division, Zoning Services Section, prior to January 21, As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the pi have the opportunity to provide public comments remotely, as well as in person, during this pro Individuals who would like to participate remotely, should register any time after the agenda is p the County website which is 6 days before the meeting through the link provided on the front pal County website at www.colliercountyfl.aov. Individuals who register will receive an email in ad the public hearing detailing how they can participate remotely in this meeting. For additional inf( about the meeting, please call Thomas Clarke at (239) 252-2526 or email to CCPCRemotePartici CollierCountyFL.gov. AS IRE TO IAL ON iTY ON ES. Q a NG NIT = BY BY J BY = NG f° IAL 2 ND (D'IS 2 NG Fl- coo 14, 0 ND 0 0 rn r 0 N J a- Iq 0 r` 0 N W LO _o U C9 p be Z ent Vten m� I. c mill ng. on E the U of r ion Q 1@ Any person who decides to appeal any decision of the Collier County Planning Commission 1 ;ed a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatir ord of the proceedings is made, which record includes the testimony and evidence upon which thl eal is based. If you are a person with a disability who needs any accommodation in order to participate his proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please coi the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, N, 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 Off ign Collier County Planning Commission I Packet Pg. 208 Edwin Fryer, Chairman ND-GC10562407-01 9.A.2.f (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 SHARON UMPENHOUR 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 Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing IA.& Cirrus Pointe) - RPM) -Amendment. 3800 Via Del Rey 4GATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician for Q. Grady Minor & Associates, P.A. T NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 4th day of January , 2021, by Sharon Umpenhour, personally known to me @F who pr-edueed asidentn;eatan and who d-idMid not take an oath. !!' "= CABIN J. DW'YER MY COMMISSION # GG 9V— 7 ' EXPIRES: May 14, 2024 "'•?oK si°` gor" T1W Notuy Pubk lln� My Commission Expires: (Stamp with serial number) r Signature of Notar ublic Carin J. Dwyer Printed Name of Notary Public i Q Rev. 3/4/2015 Packet Pg. 209 .. � AK Packet Pg. 210 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 PLEASE PRINT CLEARLY 'Mease be advLsed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government Q agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of 0 checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: G�C� %(' C} �f`I EMAIL: 6'/lf%�l%L c ADDRESS: PHONE: NAME: EMAIL; v� 5� 2.ae . r`� �r5�j�ov�ca5'f• Re 0 Q 0 a1 ADDRESS: �s��PHONE: 0 N J NAME: EMAIL: d , ADDRESS: I PHONE: - co NAME: EMAIL, f to M ADDRESS: PHONE: 0 M V_ NAME: EMAIL: c N ADDRESS: PHONE: J a 0 N O N O NAME: EMAIL: N 21 ADDRESS: PHONE: z I m NAME: EMAIL: o c ADDRESS: PHONE: c� a NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 211 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001304, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 PLEASE PRINT CLEARLY ***PLease be ndv�_"o*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government Q agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of 0 checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. 'a l NAME: EMAIL: Sj to G:Q UA4 e r co flC'l-cam �J we'Gt_rrL �rl e i c� ADDRESS: cxpnkk rr PHONE: 0 NAME: _ EMAIL: M C� I C� 0 ADDRESS: PHONE: 0 N J NAME: EMAIL: d ADDRESS: PHONE: T to NAME: EMAIL: ADDRESS: PHONE: c 0 M NAME: EMAIL: c N ADDRESS: PHONE: J a 0 N O N O NAME: EMAIL: N 21 ADDRESS: PHONE: z i m NAME: EMAIL: o c ADDRESS: PHONE: c� Q NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 212 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 REMOTE ACCESS PARTICIPANT LIST NAME: Michael Sherman EMAIL: msherman48@gmail.com Q a ADDRESS: PHONE: NAME: Donna McGinnis President and CEO of Botanical Gardens EMAIL: dmcginnis@naplesgarden.org ADDRESS: PHONE: NAME: Mike Brewer EMAIL: Unknown ADDRESS: PHONE: Unknown NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 213 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Wayne Arnold: Good evening, everybody. I'm Wayne Arnold. We're gonna go ahead and start our neighborhood information meeting. And we're here to hold a neighborhood information meeting for the Meridian Landing, small scale Plan Amendment and the Camden Landing residential planning unit development. These are for properties that affect properties that are the northeast corner of Bayshore and Thomasson Drive. Many of you are familiar with that location, obviously, and this is an existent PUD known as Cirrus Point and we're modifying the name and making some other provisions to change the density. We're going to go through a short presentation to discuss that. We do have people listening remotely on telephone so it will be important to try not to talk over one another. We have another microphone set up so when we get to the Q&A portion people can come and ask questions. I'm trying to one record it and two make sure that the people on the phone can hear us as well. I wanna make a few introductions. We have Michael King and Greg Wardeberg both from the applicants. They're with, um, the head waters development and KHD development. Rich Yovanovich is our land use counsel. You know Rich. And Sharon Umpenhour is here, and she is recording the meeting and taking notes for us. Um, from the county and are visiting with us tonight is James Sabo from the zoning department and Sue Faulkner from our comprehensive planning department and they're here to answer any questions you might have ask specifically of staff but this will be our meeting. We're gonna go ahead with a short presentation to kind of go ahead and tell you a little bit about the modifications we're making to the project. Tony, if you could advance that to the next slide, please, number three. Sharon Umpenhour: We're on slide number three if you have a copy of the presentation. Wayne: Thank you. This is a location map. Highlighted in the center, we have the Camden Landing. This is the vacant property. Some of you who live in the area I'm sure have [speaking in background] seen the construction equipment stationed on site. Sharon: Yeah, that's fine. Thank you. Wayne: And that's, um, going to be part of the road improvements that are taking place on Thompson Drive. Across the street from us is Mattamy Homes project that is under construction. North of us is the Abaco Bay project and north of that is Botanical Place. And then of course Del's is immediately south of us and across the Page 1 of 9 Packet Pg. 214 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM street caddy corner is the botanical gardens. So, I think we're all pretty familiar with the location of the project. Tony, if you could advance the next slide, number four. This again is another inset showing you the property that's, um, it shows a closer up of the property itself. Part of this vegetation is gonna remain as our preserve and I'll go through the master plan in just a moment. Um, next slide, please Tony. So, again, we're modifying the future land development of the comprehensive plan to the Bayshore overlay to make provisions for our increase in density. We're proposing to go from the existing 108 dwelling units to 127 dwelling units. The existing approval that allows 108 dwelling units is, partly through an affordable housing density bonus and it requires us to build affordable housing. The project that is proposed before you today with 127 units would be all market rate units. Next slide, please? This is the actual language but I'm not gonna read through all of it but it talks about the 127 market rate units on the 9.93-acre project. One of the overlays I mentioned, and it has several provisions for density increases and none of those apply to this specific piece of property which is why we need to do the modification to the comprehensive plan to allow the density that we're seeking. We're also modifying the master plan. We're adding new development standards and we have couple of deviations that we've added to the project. Next slide, Tony. This is our density calculation. To get to the 127 units, we're utilizing the base density calculations available to us and then we're also proposing to utilize 97 of those bonus units that are available to projects in the Bayshore corridor. The language, we're modifying in the comprehensive plan talks about this site utilizing up to those 97 units to achieve the total 127 units. Next slide, Tony. This is the comprehensive plan language and I know it's difficult to read on the screen. Again, we're modifying two sections of the comprehensive plan to add provisions for the use of the bonus units to achieve the 127 units on this site for market rate housing. Next slide. We have two deviations. One is a minor deviation we're asking for related to parking in the clubhouse. We don't believe this site given its size and compactness needs all the parking that the county would tell us we need for clubhouse facilities since it's going to be largely a pool and a small cabana with bathrooms. So, Page 2 of 9 Packet Pg. 215 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM we've asked for deviation from that parking standard. We're also asking for an open space deviation which is not very typical for projects but in residential projects, Collier County can have 60% open space. But we're talking to Collier County about dedicating right-of-way that they need for the Thomasson improvements. And with that loss of acreage, we go below 60% open space that we would otherwise achieve. So, we've asked for deviation from that standard to allow us the 54% open space from the required 60%. Next slide. The approved master plan, this north is up on the screen it shows you a preserve area on the plan and a large area with the development envelope. Next slide, please. On this one, we've added more detail to the proposed master plan. It shows you the conceptual building locations. We've made the preserve a lot more legible in terms of its location and we're showing you the internal circulation as well as our clubhouse amenity which is labeled AA on that plan. Again, this is 9.93 acres, 127 units. We're proposing these units will be four stories over parking. Next slide, please. The applicant has been working with a local architect and landscape architect. This is the conceptual rendering of the master plan. It just shows you some of the landscaping and preservation area in place, how this looks from the aerial perspective. And the next slide, Tony, shows you a couple of renderings that highlight the entrance to the project and you can see the four story over parking buildings. And, um, that's our short presentation of what we're proposing. Rich, if I didn't leave anything out in terms of the presentation? We're happy to open it up to questions and try to answer them. Sharon: I would take the people on the phone first and — Wayne: And I was just gonna ... For those folks that are on the telephone, if you have any questions, if you'd let me know we'd be happy to take you first. Michael Sherman: How tall are the structures? Wayne: The structures are four stories over parking. We have specific development standards in our development table. It's a PUD document. They would be 61 feet zoned height which is sort of the average building height. We've asked for the actual building height which is the highest peak point of the building is 71 feet. Michael: Thank you. Page 3 of 9 Packet Pg. 216 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Wayne: And that was, you said Michael Sherman just so I can get that noted for the record. Thank you. Michael: That's okay. Can I add one more question? Do you know the height of Botanical place? Wayne: Yeah, I think I have that written down. Can you give me one moment? Let me find my note sheet on that and I'll be happy to tell you. Michael: Sure. Wayne: Maybe we could take another question while I'm looking for my sheet. I've got all of those numbers written down. Any other questions from anybody on the phone? Okay. Anybody in the audience? Come on up. If you don't mind coming forward. Um, this is Mike Sherman again. Go ahead. Michael: Yeah. I had one more question about the parking. I'm not sure I understood, where it [inaudible]. How many parking spaces do you have per unit? Wayne: I believe we're providing two parking spaces per unit for the, units themselves. Most of those are underneath the building and there are some surface level parking on site. Michael: Thank you. And what is the, what is the variation of the amenity? Wayne: The variation for the amenity, the counties got a formula based on square footage of the pool area etcetera. We believe it's only necessary to provide for handicap parking and a couple of drop off spaces given the proximity to the clubhouse and all the units. It's not an amenity where everybody would have to drive there. So, we don't wanna provide additional parking and take away further from the open space in the project. Michael: Okay. Looks great. Wayne: Okay. And I'm gonna come back to you on the height for Botanical place as soon as I can my note sheet, okay? Michael: Yep. Wayne: All right. Thank you. Page 4 of 9 Packet Pg. 217 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM [inaudible — crosstalk] [00:09:45] Michael: On the approach, um, cost of the units from marketing steps? Wayne: Um, I could tell you that the price for the units are not yet determined. They are going to be market rate. Greg Wardeberg here can certainly try to address that and tell you what they think the price points are possibly at the base mark but I think we all realize it's a changing market and, um, what it is today may not be what it will be when it comes out of the ground in another many months. So, Greg, do you wanna take a shot at that? Greg Wardeberg: Yeah. So, we've, um, we've worked on that and what we're starting with right now is we have four different sized plans and our smallest plan would be in the $350,000 range and our largest plan would be roughly about $700,000 is where we're at right now. If that helps with your thoughts there. Michael: I was wondering the plan for the sizes. Greg: They start at — Wayne: We're talking about another question, Greg? Greg: Yeah. He's wondering what size the units are now and so the smallest unit is 1500 square feet and the largest unit is 2400 square feet. Those are both under air so they balconies and those are approximates as well. Michael: Okay. Cool. Wayne: And, again, I have the Botanical Place information in front of me now so let me go ahead and tell you a height for those. For the multifamily buildings, they allow a height of 50 feet and four stories. That was written in the PUD document. I don't know what their actual height is that's been constructed but the PUD allows it to be 50 feet and four stories so I'm assuming that a four-story maximum height not to exceed 50 feet. So, I would have said that this is an older document so that is the height for Botanical Place that's built. Michael: Okay. Thank you. Wayne: Okay. I'm gonna move on to one of the speakers here in the audience that's got a question. If you wanna come back up, sir. Just if you could please state your name. Page 5 of 9 Packet Pg. 218 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Al Schuntzer: Al Schuntzer, Canal Street. The question I have is are you gonna be bringing this back from the CRA board or the [inaudible] [00:12:04] the recommendations? Wayne: Just so it's clear for everybody listening, the question was are we gonna be bringing this back before the CRA board for their approval or disapproval before we move forward. Mr. Wardeberg made a presentation I think that was maybe on March second to the CRA advisory board. It was early in March that meeting. Al: Yeah. It was probably, that was originally there wasn't a [inaudible]. Wayne: There was a vote taken at that meeting. I wasn't in attendance, but Greg was. I don't know the reports of the status of that meeting, but I do believe that there was a vote taken by the CRA advisory board in support of the project. Debra Forester: I have the minutes from that meeting if you — Wayne: Deb we can't hear you back there. So, if you don't mind Debra: It could be because I have a mask on. Wayne: It could be, and you can take it off if you feel comfortable doing that. Debra: It's Debra Forester. I have the, um, minutes from that meeting. I think they were signed because I noticed, and I didn't see an actual vote from the board. Um, it does talk about having a meeting, the neighborhood information meeting. So, I think that's Mr. Schuntzer was wondering if after this meeting and all of the comments that you receive of staff if you would be coming back to the CRA board for a vote. There were a couple of items, um, in that changed to your PUD document such as the removal of the fair share for the roundabout. And I think the heights for the building as well was discussed at the meeting. Um, some folks have raised that issue. So... Wayne: Debra, if you could let us know your schedule for an upcoming CRA advisory board meeting, that would be helpful to us. Debra: So right now our next meeting is not scheduled until that first Tuesday in October. I don't know what your schedule is. There is an opportunity, of course, to have a special meeting which we Page 6 of 9 Packet Pg. 219 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM might have in September for another issue. So, um, again, I'm not sure when you're planning on going forward to the planning commission if you want. Wayne: Okay. Thank you, Debra. Any other questions from the folks? Yes. Come on forward. Al: Al Schuntzer again, Canal Street. In reference to your density increases to, 127 from 108 and going market rate with without any kind of affordable housing criteria and having minimal amount of amenity spaces so that you're requesting less parking plus the open space from the previous plan that I see. It's gotten cut quite a bit back on, from the front corner. And I guess there's gonna be no give way give back on the planning [inaudible] [00:14:51 ] participation in land to get the [inaudible] properly placed down there. So, those seem to be things that need to be worked through to work with the planning commission to see if it really fits at five stories with that type of density. Um, the other, the other concern that I have is storm water and, I don't see in your plan there that you went through, any retention ponds and such like that. And if you were going to do your runoff into that Lake Kelly ditch that's next to your property there if that's where the storm water is gonna go and where the [inaudible] ponds gonna be on this particular plot. If you could address that. Wayne: Okay. The question just to make sure everybody heard was regarding two things. One was the water management and the other was right of way related to the roundabout the county is discussing. I will try to adress the water management. And it's proposed on this site we would be treating the water that comes off the parking areas and building and then discharging it to the preserve areas that are around the perimeter of the site. I believe it ultimately discharges into the ditch but it's after we treat the water and pull back according to water management district criteria for that. And then according to the plan whether we did 108 units or 127 units we're proposing, with regard to the right of way, the language that Debra referenced that we took out was staff had requested that we donate that for the [inaudible]. I think our comeback to that was there needs to be some consideration given to the cost for that right of way whether it's impacting credits or some other amount to be determined. But it wasn't a giveaway direct to the county. So, we're still working through that. Page 7 of 9 Packet Pg. 220 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Al: But you're getting the density units. Wayne: Well, hang on. Let me make sure the comment you just made was but we're getting the density units. That is correct. And we've also heard from the CRA advisory board and others in the community that they didn't want affordable housing on this site. So, we're trying to deliver a market -rate product that responds to what the wishes for the neighborhood are. Rich, do you need to add anything else to that? Other questions and comments? Anybody on the phone have any other questions or comments? So, going back to the comment that was regarding the upcoming Planning Commission. We don't have hearing dates established for the project and we will be working toward the planning commission and ultimately the county commission. I'll have to discuss with our team about the CRA advisory board meeting. It doesn't seem like that would conflict with our public hearing schedule that's otherwise there. So, chances are we'll be back before the CRA advisory board at least to tell them where we are in the project at that time. So, if there are no other questions or comments, I guess we'll adjourn the meeting. You have another comment? Yes, sir. Come on up. Al: Yeah. Al Schuntzer, again. If you could be specific on what the deviations are that you want to the land development and what kind of deviations to the general the growth management plan, what you're asking for there. Because from what I understood, you just said is that the units behind it, the apartments behind it were at 50 feet and you're looking to go to 71 feet which doesn't really fit in. Is that part of growth management plan? Are you asking for a deviation from that in the growth management? Wayne: The, the question relates to the building heights largely and there is nothing in the comprehensive plan that limits our building heights and it's not a deviation from the code each planned development can establish its own building heights. The heights we've established will, allow our client to achieve a very I think standard for today's modern condominium type buildings. Units that have, you know, probably clear 10-foot ceiling height inside and you're got mechanicals in between each floor. So, you're probably dealing with anywhere between 11 and 12 feet per floor over parking. That's how we get to the 61 feet for our zoning height. Actual height is a different measurement that the county employs. Most of the other PUDs in this area don't have actual height but the county now uses an actual height which establishes sort of a maximum height from the road crown nearest your site to the very Page 8 of 9 Packet Pg. 221 9.A.2.g Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM tip top of the apartment building. Al: So, that's from ground 71 feet? Wayne: Yes, it is, sir. Al: And then road crown is around eight feet? Wayne: I don't know the actual elevation of that, sir. For me, it's easier to ... I think of it as four stories over parking and what our actual height is gonna be. Any other questions or comments? Are we adjourned? All right. Thank you. Have good night, everybody. I appreciate everybody participating. 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Name: Kevin King Signature*: ❑✓ Applicant ❑ Legal Counsel to Applicant Date: Z / 712- e > Zo * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 238 9.A.3 01/21/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.3 Item Summary: PL20190001364 PUDA- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) to allow a maximum number of 127 residential dwelling units; by changing the name of the RPUD to Camden Landing RPUD; by adding an amenity area; by revising the master plan; by deleting Exhibit B, the water management/utility plan; by deleting Exhibit C, the location map; by removing statement of compliance and revising project development requirements; by adding a parking deviation for recreational amenities and a deviation to reduce the open space requirement; and by deleting and terminating the affordable housing density bonus agreement. The subject property is located within the residential subdistrict 2 of the Bayshore Mixed -Use Overlay zoning district and is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.93+/- acres; and by providing an effective date. [Companion Item PL20190001387] [Coordinator James Sabo, Principal Planner] Meeting Date: 01/21/2021 Prepared by: Title: — Zoning Name: James Sabo 12/23/2020 3:58 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 12/23/2020 3:58 PM Approved By: Review: Zoning Ray Bellows Review Item Completed 01/05/2021 11:17 AM Planning Commission Diane Lynch Review item Completed 01/05/2021 5:55 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed Public Services Department Diane Lynch Review Item Skipped 01/05/2021 5:57 PM Zoning Diane Lynch Review Item Skipped 01/05/2021 5:56 PM Zoning Anita Jenkins Additional Reviewer Completed 01/08/2021 6:01 PM Planning Commission Edwin Fryer Meeting Pending 01/21/2021 9:00 AM Packet Pg. 239 9.A.3.a ier County . %-..� _ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 21, 2021 SUBJECT: PUDA PL20190001364 CAMDEN LANDING (CIRRUS POINTE) PUD COMPANION PL20190001387/GMPA CPSS 2019-09 PROPERTY OWNERS/APPLICANT/AGENT: Owners: KHD Development General Partnership PO Box 110062 Naples, FL 34108 Applicant: KHD Development General Partnership PO Box 110062 Naples, FL 34108 REQUESTED ACTION: Agent: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North Suite 300 Naples, FL 34103 The petitioners are requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 2005-63, the Cirrus Pointe Planned Unit Development (RPUD). The applicant proposes to amend the 9.93 acre Cirrus Pointe RPUD to construct a maximum of 127 multiple -family units and change the PUD name from Cirrus Pointe to Camden Landing. An amenity area is proposed on the master plan. Two deviations are proposed; one for parking and one for open space. The applicant proposes to terminate the Affordable Housing Density Bonus Agreement approved as part of the Cirrus Pointe PUD. GEOGRAPHIC LOCATION: The subject property consists of 9.93 acres and is located at the northeast corner of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County (see location map, page 2). The proposed 2020 Master Plan document is included as Attachment B. PUDA-PL20190001364; Camden Landing PUDA Revised: January 8, 2021 Page 1 of 16 Packet Pg. 240 9.A.3.a a o a goo®o®©®®eon a P F LL a x Q y� a s = = _o�aaaoaa P Taa a a = • • Q a a ® a m 7 A Q SR t O G o¢ ¢m�s (� ° 0• C [Dv em ® og m w a s g y® LL m O S v m❑ 2 0 C] N m Li 2 a s 5 P W S q a m @ q O P w'wi R P m ❑ 0 0 ¢ C a o Oq ®e ® x may. ¢ V a 0 0 toLU a Q2 Q Q A® A 9 U) ws � m O a O = zo rc A, I Ap.kgyu r� r Guam p , e Z a F 0 R ti1 1100 W I,j.l..l Pao, I!n') 0 U �'I ."PlA 0 ♦L NO fift-11 i'I k:1p 1611.' 11(1 uulmuwoQU J..) is•l ! unicxl a DR 1 L61 - - .I.. 1111111% 11nA _ o U }d(I MISA6j1 ,�., Y 21[I •lallil4 lR}� C - e PUDA-PL20190001364; Camden Landing PUDA Revised: January 8, 2021 0 N co r 0 0 0 r d CZl J a nL' W z O a.f 0 J Page 2 of 16 Packet Pg. 241 9.A.3.a PURPOSE/DESCRIPTION OF PROJECT: Background: The Cirrus Pointe PUD ordinance was approved on November 15, 2005 as an affordable housing project. The PUD was subsequently ammended on July 22, 2008 to modify the Affordable Housing Density Bonus Agreement. The amendment included a loan to the Cirrus Pointe developer James Fields for him to acquire the property and develop affordable housing at the site. Mr. Fields acquired the property at the onset of the Great Recession and then lost it as economic conditions worsened. The property was acquired by Cirrus Pointe Partners, LLC. The new owners submitted an application for PUD amendment in 2013 and the request was to convert affordable housing multi -family to market rate multi -family. The name of the project was Solstice. In 2013, the Solstice project developer met with the Bayshore CRA Advisory Board and local residents who appeared to support the change to market rate residential products. At the December 19, 2013 CCPC meeting, the new developer presented a GMP Amendment and PUD Amendment to implement the market rate project. The CCPC recommended approval for the GMP and PUD amendments. Just before the BCC considered action on the recommendation for market rate multi -family residential, the County Clerk raised the issue of loan repayment by Mr. Fields or his successors. Consequently, the BCC would not consider action on either the GMP or PUD amendments until the loan to Mr. Fields was repaid. From 2013 to 2017, there were requests for public hearings and consideration of the market rate multi -family project and no public hearings were held. The GMP and PUD Amendments were withdrawn by the applicant in July of 2017. The property was then acquired by KHD Development and the new applicant is requesting GMP and PUD amendments to convert the affordable housing project to market rate multi -family residential. Based on the prior Board direction, the County Attorney Office and the County Managers Office informed the Zoning Division that the affordable housing loan money (to Mr. Fields) would have to be repaid to the County, or the BCC would have to waive the requirement for repayment before the Cirrus Pointe GMP and PUD amendment applications could be advertised for public hearings. On September 8, 2020, Rich Yovanovich presented a public petition on behalf of KHD Development to the BCC. He requested the BCC to allow KHD Development to set a public hearing date at the CCCP for their GMP Amendment and PUD Amendment applications. Mr. Yovanovich also stated that he and KHD Development would address the repayment of the grant proceeds when both petitions are under final consideration by the BCC. At the September 8, 2020 BCC meeting, the Board authorized the public hearing process to proceed prior to remibursement of the affordable housing loan of $320,000 and the motion passed unanimously. The public petition request from Rich Yovanovich and the 9/8/2020 BCC minutes are included as attachments F and G. Proposed PUD Amendments: The subject property is zoned Cirrus Pointe RPUD described as Ordinance 2005-63. The site is in the Bayshore Drive Mixed -Use Overlay (BMUD) as well. The applicant proposes to amend the PUDA-PL20190001364; Camden Landing PUDA Page 3 of 16 Revised: January 8, 2021 Packet Pg. 242 9.A.3.a PUD to increase the maximum number of residential units from 108 to 127 total. Also, they propose to increase the density from 10.89 DU/A to 12.8 DU/A. The total number of dwelling units at 127 is calcualted at 30 base units and 97 density bonus units from the Bayshore/Gateway Triangle Overlay density bonus pool. The PUD document language proposes that bonus density units that are not utilized after 7 years will expire and not be available unless reauthorized by the Board of Zoning Appeals. Two deviations are proposed and detailed in the Deviation Seciton below. The Development Standards have been amended and updated as follows: Minimum Floor Area per unit is 1,000 square feet. Principal Structure Maximum Zoned Height is 61 feet; Maximum Zoned Height Amenity/Rec 25 feet Maximum Actual Height is 71 feet; Maximum Actual Height Amenity/Rec 30 feet Accessory Structure Maximum Zoned Height is 35 feet; Maximum Zoned Height Amenity/Rec 25 feet Maximum Actual Height is 40 feet; Maximum Actual Height Amenity/Rec 30 feet PUD boundary setbacks Increased from 25 feet and 15 feet to to 50 feet and 25 feet. Density Bonus Pool The applicant is seeking a maximum of 97 units from the Density Bonus Pool that would be available from the Bayshore Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the GMP. SURROUNDING LAND USE AND ZONING: North: Residential, zoned Pinebrook Lakes PUD South: Commercial and Residential, zoned C-5 and RMF-6 East: Residential, zoned RMF-6 West: Residential, zoned Mattamy Homes PUD PUDA-PL20190001364; Camden Landing PUDA Page 4 of 16 Revised: January 8, 2021 Packet Pg. 243 9.A.3.a Aerial Map (County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located at the northeast corner of the intersection of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, and Range 25 East. The ±9.93-acre subject site is identified as Urban Designation, Urban Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) and within the Coastal High Hazard Area (CHHA) in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject site is zoned Cirrus Pointe RPUD via Ordinance #05-63 and amended via Ordinance #08-38. The intent of the B/GTRO is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and PUDA-PL20190001364; Camden Landing PUDA Page 5 of 16 Revised: January 8, 2021 Packet Pg. 244 9.A.3.a neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. The B/GTRO encourages development and redevelopment. One means of doing so is through a density bonus incentive. The prior zoning of the Botanical Gardens PUD site would have allowed 388 dwelling units. Those units were placed into a density bonus pool that may be allocated by the Board of County Commissioners on a project by project basis, either for a mixed -use project or a residential -only project. The subject petition relies upon this density pool, in part, to achieve the requested density of 12.8 DU/A (127 DUs). The petition is relying on 30 DUs from a base density of 3 DU/A (9.93A * 3 DU/A = 29.79 DU/A = 30 DUs) and is requesting 97 units from the B/GTRO density bonus units for a total of 127 DUs. Future Land Use Element (FLUE): The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. The existing Cirrus Pointe RPUD was approved for 108 Units (108 DUs 9.92 acres = 10.887 DU/A = 10.9 DU/A) by utilizing an affordable housing bonus density agreement (Ord. #08-38). The current request is for 127 dwelling units (DUs), which equals 12.8 DU/Acre (127 DUs - 9.93 acres = 12.789 DU/A = 12.8 DU/A). In order to develop a density of 12.8 DU/A for market -rate housing, the applicant stated they will need to use both base density and the maximum number of density bonus pool units allowed in the B/GTRO, as proposed to be amended by the companion GMP amendment petition (PL20190000387/CPSS 2019-9), as shown below: Urban Coastal Fringe Subdistrict may have a maximum base of 4 DU/A and then reduced by 1 DU/A for being within the Coastal High Hazard Area (3DU*9.93A) = 29.79 DUs 30 DUs Using the maximum number of Density Bonus Pool Units in B/GTRO via GMPA + 97 DUs = 127 DUs The companion GMPA that is currently under review proposes language for a new paragraph #13 in the Bayshore/Gateway Triangle Redevelopment Overlay that will allow a maximum of 127 dwelling units. The GMPA proposed text also states that the 97 residential density bonus units shall expire and be returned to the bonus density pool unless a Site Development Plan has been issued and remains active for the development by the 7th year of approval of the PUD or the BCC approves an extension of the residential density bonus units to a certain date. The Growth Management Plan Consistency Review memo is included as Attachment C. CONCLUSION: The staff finds the subject petition may only be deemed consistent with the Future Land Use Element of the Growth Management Plan if the companion GMP amendment petition is adopted and goes into effect. PUDA-PL20190001364; Camden Landing PUDA Page 6 of 16 Revised: January 8, 2021 Packet Pg. 245 9.A.3.a Transportation Element: In evaluating this project, staff reviewed the applicant's November 21, 2019 Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the applicable 2020 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 five 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' significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 73 PM peak hour, 2-way trips on the adjacent roadway segments of Thomasson Drive and Bayshore Drive. This represents an additional +/- 10 PM peak hour, 2- way trips for the proposed development of 127 multi -family dwelling units. The approved PUD currently allows 108 multi -family dwelling units that will generate approximately +/- 63 PM peak hour, 2-way trips. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link 2020 AUIR Current Peak 2020 LOS Hour Peak Remaining Direction Capacity Volume/Peak Direction PUDA-PL20190001364; Camden Landing PUDA Page 7 of 16 Revised: January 8, 2021 Packet Pg. 246 9.A.3.a 108.0/Thomasson Drive 7.0/Bayshore Drive Bayshore Drive to D 800/East 140 US 41 (Tamiami Trail) US 41 (Tamiami B 1,800/South 1,036 Trail) to Thomasson Drive Based on the TIS and the 2020 AUIR, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). 1.81 acres of native vegetation required to be retained for the PUD was approved in accordance with Ordinance 05-63 (25% of 7.25 acres of native vegetation). A minimum of 1.81 acres (25%) of the existing native vegetation onsite shall be placed under preservation and dedicated to Collier County. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.13.5, Planning Commission Recommendation (referred to as the "PUD Findings"), and Section 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The PUD preserve requirement is 1.81 acres (25% of 7.25 acres). The proposed PUD Master Plan provides 1.81 acres of preserve, which meets the minimum 25 percent native vegetation preservation requirement in accordance with LDC section 3.05.07. No listed species were observed on the property. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Landscape Review: The Landscape staff has reviewed the proposed amendment and finds that the buffers labeled on the Master Plan are consistent with the LDC provisions. School District: At this time there is existing or planned capacity within the next 5 years for the PUDA-PL20190001364; Camden Landing PUDA Page 8 of 16 Revised: January 8, 2021 Packet Pg. 247 9.A.3.a purposed development at the elementary, middle and high school levels. At the time of site plan or plat the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or adjacent concurrency service areas. 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 City of Naples potable water service area and south wastewater service area of the Collier County Water -Sewer District (CCWSD). Wastewater service is readily available via connection to existing infrastructure within adjacent right-of-way. Sufficient wastewater treatment capacity is available. The City of Naples Utilities Department furnished a letter of water service availability on July 15, 2019. Adequate downstream wastewater system capacity must be confirmed at the time of development permit (SDP or 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. 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 utilities acceptance. Zoning Services Review: The most significant changes proposed to the former Cirrus Pointe PUD, now Camden Landing PUD is the is the increase in number of units from 108 to 127 dwelling units and the increase in height from 40 feet to 71 feet actual height. There are two deviations requested and they are reasonable based on the proposed PUD amendments. From a land use perspective, the project site will function very similar to what was previously approved. Bayshore CRA Board: CRA Staff provided the following information for the Camden Landing petition as part of the record: On November 3, the CRA Advisory Board was presented information from CRA staff and the Camden Landing agents regarding the PUDA and GMPA. The Camden Landing agents committed to providing enhanced landscape buffers along the frontage to soften the impacts of the taller buildings along the streetscape. Additionally, the Camden Landing agents indicated the following commitment from the current PUD will stand: The developer to pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. The CRA Advisory Board voted in favor (5-2) to support the project as presented with no recommended changes. The CRA Board minutes from 11/3/2020 are included as Attachment D. PUDA-PL20190001364; Camden Landing PUDA Page 9 of 16 Revised: January 8, 2021 Packet Pg. 248 9.A.3.a Community and Human Services LAffordable Housing) Review: Community and Human Services has reviewed the PUD petition as is related to Affordable Housing. The requested termination of the existing Affordable Housing Density Bonus Agreement on this project will result in the elimination of the proposed 44 owner -occupied affordable units slated to be sold to households at the 80% of median income (Workforce Housing) level, making the development 100% market - rate housing. Collier County also assisted in the purchase of this property with a grant of $320,000.00 in exchange for the construction of at least 32 affordable units built in the project. The grant is secured by a second mortgage recorded on the property that is payable to the County should the 32 affordable units fail to be built. If it is the developer's intent not to include at least 32 affordable units in the project, then the $320,000.00 should be immediately repaid to the County's Affordable Housing Trust Fund. 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 in addition to the findings in LDC Section 10.02.08": (Zoning Division staff responses in non -bold) 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. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The Public Utilities Division further states that an 8" sewer is stubbed to the southern PUD boundary from the 24" trunk line sewer along Thomasson Drive, and there is adequate wastewater treatment capacity to serve the proposed PUD. Refer to the July 15, 2019 letter from the City of Naples Utilities Department concerning water service availability. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney's Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the GMP. They have found the proposed amendment to be consistent with the GMP, if the amendment is approved. PUDA-PL20190001364; Camden Landing PUDA Page 10 of 16 Revised: January 8, 2021 Packet Pg. 249 9.A.3.a 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed changes to the PUD Document do not affect the landscaping standards of the originally approved PUD. Additionally, the Development Review Division has reviewed the proposed amendment and finds that the buffers labeled on the Master Plan are consistent with the LDC provisions. Landscape Review Staff is of the opinion that the proposed project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is one deviation related to open space as submitted. The deviation is reasonable. Compliance with approved standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to, plat plans or site development plans. The Public Utilities Division further states that the CCWSD has sufficient treatment capacity for wastewater service to the project. Conveyance capacity must be confirmed at the time of development permit application. Refer to the July 15, 2019 letter from the City of Naples Utilities Department concerning water service availability. Transportation Planning staff finds the roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at 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 plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including City water and County 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 a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. Proposed future development for the Cirrus Pointe/Camden Landing PUD is required to comply with the LDC and any other applicable codes. The applicant is seeking two deviations and that request is covered in the deviation section of the report. PUDA-PL20190001364; Camden Landing PUDA Page 11 of 16 Revised: January 8, 2021 Packet Pg. 250 9.A.3.a Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners ... shall show that the Planning Commission has studied and considered the proposed change in relation to the following when applicable." (Zoning Division staff responses in non -bold): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined that if the Small Scale GMPA is adopted, the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed land use pattern will remain similar and proposed amendments will not negatively affect the surrounding land -use patterns. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned PUD and would remain that way. It would not be an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The application does not include boundary changes to the PUD. It includes changes to Areas within the PUD boundary. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request; however, that complies with the provisions of the LDC as the applicant seeks changes to the PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment will not adversely affect 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. Transportation Planning staff finds the roadway infrastructure has adequate capacity to PUDA-PL20190001364; Camden Landing PUDA Page 12 of 16 Revised: January 8, 2021 Packet Pg. 251 9.A.3.a serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of 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. It is not anticipated that the PUD Amendment request will create drainage problems in the area as the site is already developed. Stormwater best management practices, treatment, and storage for this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). If necessary, County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Amendment for Camden Landing is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Immediately adjacent property is developed. The amendments to the Camden Landing PUD are not likely to deter development activity for surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed PUD Amendment complies with the GMP and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 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 amending the former Cirrus Pointe PUD. PUDA-PL20190001364; Camden Landing PUDA Page 13 of 16 Revised: January 8, 2021 Packet Pg. 252 9.A.3.a 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is that the proposed amendments are not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the GMP and the LDC. The Zoning Division staff does not review other sites related to 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. The property has not yet been developed and site alteration is required. Any future construction proposed would be required to meet development standards applied during the SDP and plat 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the GMP and they find it to be consistent, if the amendment is approved. The concurrency review for APF is determined at the time of SDP review. 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. DEVIATION DISCUSSION: The petitioner is seeking two deviations. Proposed Deviation #1 (Parking Space Requirements) Deviation #1 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi -family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to instead allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. PUDA-PL20190001364; Camden Landing PUDA Page 14 of 16 Revised: January 8, 2021 Packet Pg. 253 9.A.3.a Petitioner's Justification: This deviation is warranted given the central location of the recreational amenity to all of the dwelling units. The buildings have been arranged so that all buildings are within 400' of the amenity, which will consist of a swimming pool with restrooms. No clubhouse or other recreational amenity will be provided at the centralized amenity. Providing one parking space for short term use of residents to drop off items at the pool will be sufficient parking for this small-scale amenity given the close proximity to all units within the complex. Sidewalks are provided throughout the project which provides safe and convenient pedestrian access to the recreational amenity. Staff Analysis and Recommendation: The deviation is reasonable and justifiable; staff sees no detrimental effect if this deviation request is approved. Proposed Deviation #2 (Open Space Requirements) Deviation #2 seeks relief from LDC Section 4.02.0l.B.1., Open space requirements, which requires in residential developments, at least 60 percent of the gross area shall be devoted to usable open space, to instead allow the RPUD to provide 54% usable open space. Petitioner's Justification: The site would meet minimum 60% usable open space; however, with County ROW dedication for Thomasson Drive improvements as depicted on the Conceptual PUD Master Plan, the site cannot achieve the 60% open space standard. The requested 54% is the resulting usable open space after the ROW take/dedication. Staff Analysis and Recommendation: The deviation is reasonable and justifiable; staff sees no detrimental effect if this deviation request is approved. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on Monday, July 20, 2020, at 5:30 pm at the Monday, July 20, 2020, 5:30 pm at the Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 34104. For further information, please see the NIM Summary, included as Attachment E backup materials. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on January 5, 2021. RECOMMENDATION: The Zoning Division staff recommends the CCPC forward petition PUDA-PL20190001364 Camden Landing PUDA to the Board of County Commissioners with a recommendation of approval subject to the following stipulations: PUDA-PL20190001364; Camden Landing PUDA Page 15 of 16 Revised: January 8, 2021 Packet Pg. 254 9.A.3.a The developer to pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. 2. If the applicant does not include at least 32 affordable units in the Camden Landing project, the CCPC should make a recommendation on the repayment of $320,000.00 to the County's Affordable Housing Trust Fund. Attachments: A) Proposed PUD Ordinance B) Master Plan Camden Landing PUD C) FLUE Consistency Review D) CRA Board Correspondence E) Back up material F) Public Petition Yovanovich 8/17/2020 G) BCC minutes 9/8/2020 PUDA-PL20190001364; Camden Landing PUDA Page 16 of 16 Revised: January 8, 2021 Packet Pg. 255 9.A.3.b ORDINANCE NO.21- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, AS AMENDED, THE CIRRUS POINTE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO ALLOW A MAXIMUM NUMBER OF 127 RESIDENTIAL DWELLING UNITS; BY CHANGING THE NAME OF THE RPUD TO CAMDEN LANDINGS RPUD; BY ADDING AN AMENITY AREA; BY REVISING THE MASTER PLAN; BY DELETING EXHIBIT B, THE WATER MANAGEMENT/UTILITY PLAN; BY DELETING EXHIBIT C, THE LOCATION MAP; BY REMOVING STATEMENT OF COMPLIANCE AND REVISING PROJECT DEVELOPMENT REQUIREMENTS; BY ADDING A PARKING DEVIATION FOR RECREATIONAL AMENITIES AND A DEVIATION TO REDUCE THE OPEN SPACE REQUIREMENT; AND BY DELETING AND TERMINATING THE AFFORDABLE HOUSING DENSITY BONUS AGREEMENT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE RESIDENTIAL SUBDISTRICT 2 OF THE BAYSHORE MIXED -USE OVERLAY ZONING DISTRICT AND IS LOCATED NORTHEAST OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.93+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190001364] WHEREAS, on November 15, 2005, by Ordinance No. 05-63, the Board of County Commissioners created the Cirrus Pointe Residential PUD, which was subsequently amended by Ordinance No. 08-38; and WHEREAS, RHD Development General Partnership, represented by Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the RPUD and terminate the affordable housing agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibit "A" to Ordinance No. 2005-63, as amended, is hereby amended and replaced with the RPUD Document attached hereto as Exhibit "A" and incorporated herein by reference. [19-CPS-01948/1593756/1] 115 Camden Landings RPUD \ PL20190001364 I Of 2 1/8/21 Packet Pg. 256 9.A.3.b 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. 21 - becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2021. ATTEST: CRYSTAL K. KINZEL, CLERK am , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairman Attachment: Exhibit A - RPUD Document including revised Master Plan [19-CPS-01948/1593756/1] 115 Camden Landings RPUD \ PL20190001364 2 of 2 1/8/21 Packet Pg. 257 9.A.3.b CAMDEN LANDING RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINT€CAMDEN LANDING RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 3 KHD Development General Partnership PO Box 110062 Naples, Florida, 34108 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 AMENDED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS. FLORIDA 34134 and RICHARD D. YOVANOVICH GOO D €TTE--,-COLEMAN, YOVANOVICH & jOHNSONKOESTER, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED OGtober 29 2005 January 8, 2021 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November ORDINANCE NUMBER 2^�3 Words s,, •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page l of 28 Revised 01 /08/2021 Packet Pg. 258 9.A.3.b TABLE OF CONTENTS TABLE CONTENTS H LIST OF EXHIBITS AND TABLES Q STATEMENT OF COMPLIANCE i- SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 35 SECTION II PROJECT DEVELOPMENT REQUIREMENTS -57 SECTION III RESIDENTIAL AREAS PLAN 911 SECTION IV PRESERVE AREAS PLAN 4317 SECTION V DEVELOPMENT COMMITMENTS 4-418 a 0 a a� J C d E U M O 0 0 rn 0 N J a 0 0 LO r r N 0 O O V C R C L O a r r- d E w r a r- E r a Words t •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page 2 of 28 Revised 01 /08/2021 Packet Pg. 259 9.A.3.b LIST OF EXHIBITS AND TABLES EXHIBIT "A" PiD-MASTER PLAN EXHIBIT "B" P ID WATER nn NAGEMENTtl ITII ITv MASTER PLAN NOTES EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 3 of 28 Revised 01/08/2021 Packet Pg. 260 9.A.3.b ■_ ..111.. ■ 1118 �. �_ ■6WAM VA IN Mob11 IN. " 1 • Ul Requested - 10.89 lolling i roots/acre -1- --_d� IM Ttt S— 9.92 acres v 11 dwelling Units/acre — 109 u "fisted dwell'unitsr= 198 Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 4 of 28 Revised 01 /08/2021 O O LCl r r N O O O Packet Pg. 261 9.A.3.b 00 00 LO r r r N 00 O r O a Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 5 of 28 Revised 01/08/2021 Packet Pg. 262 9.A.3.b 1.21 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION r r r pa MEN Mom r LEGAL DESCRIPTION The subject property being 9.932± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.32 PROPERTY OWNERSHIP The subject property is owned by K.I,T,-C., I„L., a Florida Gernnratien, 13nn�a & J Street, Suite 300, Naples, Florida 34102. The property is URder pUrGhase GORt a by jarnes Fields, 1 544 Menteresse LaRe#2,tpes, Fle 3� a 4KHD 00 tn Development General Partnership, PO Box 110062, Naples, Florida 34108 NNN01I!JullvMMMSY NIRM9ral01ralMRIRTMIRPJRirAVAR M aw aD Florida. c c and is to be rezoned to RRI Iith the L BM D R2 Oyerinu O proposed Natural grOURd elevatiOR varies from 1.64 feet NGVD withiR the eastern draiRage area to 7.26 feet NGVD along the westeFR nrnnerty lino The site is typiGally abn� it �-r��vc �r�. T-rc.�n�rt�-rsZ�T Try--u-pvcrc 4 to 5 feet NGVD with the aveFage elevatiE)R being apprp)d -Ately 4. 7 feet NGVD. The entire Site is IOFiateed within FEMA Flom! 7nn�E" and the site is base flnni! elevation 8.0 feet nlGV-D Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 6 of 28 Revised 01 /08/2021 Packet Pg. 263 9.A.3.b NO - - - - - - —110 11 ■ 1 11 ■ 1 1 1 I ■ _ I Ills I I I I_ ■ . .. • Ii! Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 7 of 28 Revised 01 /08/2021 O O LC1 r r N O O O Packet Pg. 264 9.A.3.b SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.21 GENERAL A. Regulations for development of the Girr„s POiRt Camden Landing RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. 2.3 DESCRIPTION OF PROjECT PLAN AND PROPOSED LAND USES Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 8 of 28 Revised 01 /08/2021 Packet Pg. 265 9.A.3.b ■ �� rWIN VNIMMOMM" � 1 1 r u r 1 11 � r IR additiOR to the various areas and speGifiG items shOWR OR Exhibit N G. J "A"�aGreasements as TcGessaary (utility, private semi _pi iblin c}n�"-111 d be established withiR or alORg the various traGts as may be ReGessary. O O LO Exhibit "A" arntiGipated t� be GOmprised of the anl'GWnvwrngaarreas and applicable acreage- r r AREA ACREAGE fV O RRRCRR` \�TRGA 1 Q1 Anrec O LAKES 0.41 Acres FDRAINIAGE EASERNIT 0.39 Ate? V C RIGHT OF WAY EASEMENT 0.21 Acre-s � C -QEVEZZp11YI 0PMENT ATTRRA 7.11 Acres � �f �YTTT L TOTAL SITE AREA 9.92 Acres O a r 2.42 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES E The-A_maximum of 408-127 residential dwelling units may be constructed in the 2 total project area. This is based on a gross acreage of 9.932 acres and a maximum a of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier E County Growth Management Plan. ARY proieGt with a-dens+fiy ef more-thaR 3.0 r dwelling units/per acre must he developed in annerdanne with an apprn�ieil < developed ca Q Affordable Housing Density Bonus Agreement (AI-DB) Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 9 of 28 Revised 01 /08/2021 Packet Pg. 266 9.A.3.b .. .. ■ �� I -� ■ MI RIM- - q-q- M M 0. -- . . ■ 1112 S.. Rj MINI ■ .. MXAM ■ - Mg ■ - developmeRt order, Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 10 of 28 Revised 01 /08/2021 O O LC1 r r r N O O r O V C R C L O a r r- d E M w r a r- 0 E r a Packet Pg. 267 9.A.3.b r r N O O r O N V C R C L Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 11 of 28 Revised 01/08/2021 Packet Pg. 268 9.A.3.b SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A". RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The-A_maximum of 408-127 residential dwelling units may be constructed in the total project area equaling 30 base units and 97 units from the Bayshore/Gateway Triangle Redevelopment Overlay density bonus pool, as limited herein. This is based on a gross acreage of 9.932 acres and a maximum of 10.8912.8 dwelling units/per acre, consistent with the Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Manaaement Plan. ARV Drmect with a deRs+fiV of more than 3.0 dwefli^,T,a s/Der DeRSity Rl Rys Agreement (Al --ID If after seven years the bonus units have not been utilized, the bonus units shall expire and not be available unless reauthorized by the Board of Zoning Appeals. 3.3 PERMITTED USES r r No building, structure or part thereof, shall be erected, altered or used, or land Cq used, in whole or part, for other than the following: o RESIDENTIAL: c c A. Permitted Principal Uses and Structures: 0 1. Multi -family dwellings (for sale product only, limited to townhouses and a condominiums) 2. Any other principal use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zonina Appeals or the Hearina Examiner. B. Permitted Accessory Uses and Structures: G stomar,i Accessory uses and structures customarily associated with the Drinciaal uses Dermitted in this RPUD. includina but not limited to garages, carports, swimming pools, spas, open space or passive park, dog park screen enclosures and utility buildin SiRcudiRg carports, garages and utility b ildirirvc Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 12 of 28 Revised 01 /08/2021 Packet Pg. 269 9.A.3.b 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing dOGkc walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing.Tern nerani sales trailer and model UnitS 4. Gatehouses and access control structures. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or the Hearing Examiner. AMENITY AREA: J a A. Principal Uses: 00 LO 1* 1. Community recreation facilities. Outdoor/indoor recreation facilities. such as a 77 community swimming pool, tennis/pickle ball courts and basketball courts, r fitness/spa, parks, playgrounds, pedestrian/bikeways, and passive and/or CN active water features intended to serve residents and guests. o 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. o B. Accessory Uses: a 1. Model homes and model home centers includina sales trailers and offices for project administration, construction, sales and marketing. 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this RPUD as determined by the Board of Zoning Appeals or Hearing Examiner. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the GiFFUG PeinteCamden Landing RPUD Subdistrict. Standards not specifically set Words trHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 13 of 28 Revised 01/08/2021 Packet Pg. 270 9.A.3.b forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. O O r r r N O O r O a Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 14 of 28 Revised 01/08/2021 Packet Pg. 271 9.A.3.b TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ILIA NA 9F 11.25' H La 40' er 3 habo to ct,-{-.'-- vvcT T�7 Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 15 of 28 Revised 01 /08/2021 Packet Pg. 272 9.A.3.b STANDARDS MULTI -FAMILY AMENITY AREA AND ACCESSORY USES THAT ARE RECREATION PRINCIPAL STRUCTURE Minimum Floor Area (per Unit) 1,000 SF N/A Minimum Lot Area N/A N/A Minimum Lot Width N/A N/A Minimum Lot Depth N/A N/A Maximum Height Zoned Actual 61 feet 71 feet 25 feet 30 feet Minimum Distance Between Structures *1 20 feet N/A SETBACKS (MINIMUM) *2 Side Yard 10 feet '/2 BH PUD Boundary West, North and East South 50 feet 25 feet 75 feet 25 feet Preserve 25 feet 25 feet ACCESSORY STRUCTURE*3,4 Maximum Height Zoned Actual 35 feet 40 feet 25 feet 30 feet SETBACKS (MINIMUM) *2 Side Yard 10 Feet 10 feet PUD Boundary West, North and East South 50 feet 25 feet 75 feet 25 feet Preserve 10 feet 10 feet BH — Building Height (zoned height) LBT — Landscape Buffer Tract LMT — Lake Maintenance Tract *1 — The minimum distance between buildinas may be reduced to 0' with a shared wall. However. the orincioal structures shall maintain a 20' minimum separation. *2 — No structures may be located within the county drainage access and maintenance easement shown on the master plan. *3 — LBTs and LMTs will be platted as separate tracts or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT, the setback may be reduced to 5 feet for principal structures and zero feet for accessory structures. *4 — Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the proiect's entrance features are permitted within the "R" and "AX designated areas abutting the proiect's entrance, or within the private roadway as depicted on the RPUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 16 of 28 Revised 01/08/2021 00 w r N O O r O Q Packet Pg. 273 9.A.3.b Q -- - -- ---- — - ---- - -- - —------- ---- --- -- - -- - - -- ■_ • - .. ■ �� a 00 w I If landSGape buffers a�determined to be neGess LO aar }te r�i.Tw wetland � �t--pres� areas, they shall separate frern thnse eserve areas r p. N O 7 Lan&GapiRg and buffering shall be n�apT Q Sention n na nn of the Collier County Land Development Code , V E. /\rl hoteci1 Standafd.7 ral L All buildings, lighting, landsGaping O signage, and visible arGhiteGtural inf�aJtrUire shell he arnhitenti irally and aestetiGaIly erica unified.Cai r C d E simil materials a—and GGvIOrS throughoutallf the buildings, SigRS, and V fences/walls to be the R ereGted StFe�� shall materials on all of also he similar subject in design throughout and it the s, bjeGt r Q in All for be finished meta, C roofs, exGept carports, shall peaked and -tile e y or arnhitent, irally designed shingles /s, Gh as Timberline\ E t V R ns r F. Sig Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 17 of 28 Revised 01 /08/2021 Packet Pg. 274 9.A.3.b B. Deviations: 1. Deviation 1: Relief from LDC Section 4.05.04.G. Parkina Saace Requirements, which requires that small-scale recreational amenities within multi -family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. 2. Deviation 2: Relief from LDC Section 4.02.01.B.1., Open space requirements, which requires in residential developments, at least 60 percent of the gross area shall be devoted to usable open space to instead allow the RPUD to arovide 54% usable oxen space. r r N O O r O N V C R C L Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 18 of 28 Revised 01/08/2021 Packet Pg. 275 9.A.3.b SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted fOG�a Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures as allowed by Section 3.05.07.H.1.h.ii of tha i nrr, 4. Native preserves and wildlife sanntuarie- . Words trHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 19 of 28 Revised 01/08/2021 Packet Pg. 276 9.A.3.b SECTION V DEVELOPMENT COMMITMENTS .�iE�r��a:�i■. .�:rr_�nt�:Etr�r�rr_�:r_rn . -- ■ .. ■ . ■ . ■ . 5.31 RPUD-MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, 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 Subsection 10.02.13E. 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 insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.42 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 20 of 28 Revised 01 /08/2021 Packet Pg. 277 9.A.3.b A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. C. One entitv (hereinafter the Manaaina Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be o responsible for satisfying all PUD commitments until close-out of the a PUD. At the time of this PUD approval, the Managing Entity is KHD Development General Partnership, PO Box 110062, Naples, Florida 34108. 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 L) 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 0 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 J the Commitments throuah the Manaaina Entitv. but the Manaaina Entitv a shall not be relieved of its responsibility under this Section. When the PUD 00 is closed -out, then the Managing Entity is no longer responsible for the I monitoring and fulfillment of PUD commitments. 77 r r 5.5 ENGINEER14G N CO O A. This projeGt shall be required to meet all GOURty QrdiRaRGes OR effeGt at tome final /Gons ments are submitted fer development approval � rrnTc-rrrrarcvn�t�F.�G'Ft��Irn�..ra�rrrrcc crr�-a-pprvva-r. � R C B. Design and GonStGtionn of all improvements shall be subient to Gomplianne � 0 code, a See}inn 10.02.04, Ci ibdiVision Design and Layout and Cct'nn 10.02.03, r C Site Development Plans y E t V 5.63 WATER MANAGEMENT w A. If appIiGable, exiSt+ng or preposed eassemetttJ for rvr Comecr GOUrnrtcy y stermwater fanilitieS shall be maintained free of landsrGapino berms or any E M other koRd of obstaGles that would impede adequate aGGess by maiRtenaRGe V R rGrews and equipment. r Q R. A GOPY f the SFWMD S irfene Water Permit, permit medifiGatien, or waiver shall be submitted at the tome of site developmeRt plaR applicatiOR. Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 21 of 28 Revised 01 /08/2021 Packet Pg. 278 9.A.3.b DA. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. B. No blasting shall be permitted. E. Ctermwater GaIG nations signed and sealed by a Flerida nrefessional eRgiReer shall be provided at the time of site developmeRt plan submittal. - r WINNER - - ■ - - ■ ■ O.T. 5.84 TRAFFIC ■ - r • - r ■ 11 11 11 11 ■ ■ - 1 I ■ 1 r - Words t •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page 22 of 28 Revised 01 /08/2021 O O LC1 r r N O O O Packet Pg. 279 9.A.3.b . ........... .. ■ �� - - - - - - - - -, .BININIELVA& MI- ■%ITO1rM. C r. W. .06 WIM ■_ all . - - - --- 111,11111 01 .. ... Collier .i de-1-nor , it- S UGGeescJnar in title, er assignee Words t •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page 23 of 28 Revised 01 /08/2021 Packet Pg. 280 9.A.3.b nz IUMMEM rr 11 V I Q I I I 1111111 ILI �k, M rV M-1 UTWr_rr_�r.�:�: NA. The develoaer has Drovided Collier Countv with a riaht-of-wav easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. Prior to approva4-the issuance of the site developmeRt ^'--.-first residential or group housing building permit, the owner shall cleed eve.convey the area of the right-of-way easement to Collier County in fee simple free and clear of all encumbrances and at no cost to the County. tThe right-of-way easement is located at the southwest corner of the subject property to Collier COURty B. The sole point of ingress/egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. C. The RPUD shall be limited to a maximum of 73 p.m. peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of aDDlication for SDP/SDPA or subdivision Dlat aDDroval. D. Prior to the issuance of the first certificate of occupancy for a residential dwelling unit, the owner shall convey to Collier County and Collier County Water -Sewer District, the lands identified on the Conceptual PUD Master Plan as Dotential ROW easement for Future Dublic roadwav and utilitv Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 24 of 28 Revised 01 /08/2021 Packet Pg. 281 9.A.3.b improvements. The Developer shall receive Road Impact Fee credits for the conveyance, equal to the fair market value of the property being conveyed to the County. The credit for the Road Impact Fees identified in this PUD shall run with the land identified in Section 1.1 and shall be reduced by the entire amount of the Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or are no longer available, or have been assigned as permitted by County impact fee procedures. The foregoing reduction in o the Impact Fee credit shall be calculated based on the amount of the Road a Impact Fees in effect at the time the Building Permit is applied for. The credit applies to Road Impact Fees and shall not apply to any other type of Public Facility Impact Fee. 5.95 PLANNING B. The developer to 00 shall GORStrUGt a SWOMMORg pool and cabaRa prior 00 the fire} residential in the nrnient renei�iinn nertifinate of nnni inannY LO unit G. The developer shall the 3 of the GOctc as determined r pay y r N O wn the northern half of Drove Fight of way nlnnry the O projeGte shall he me to I I Bayshere MSTprior to approval of the ad � V payment nroient's development plan C site A. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of a similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject r site. All roofs, except for carports, shall be peaked and finished in tile, metal, a or architecturally -designed shingles (such as Timberline). The residential buildings shall be concrete or precast concrete construction. E B. A homeowner's association or similar entity will be established and will be a responsible for maintenance of common elements. C. The project shall be gated and fenced, and the developer will provide each building with secured vehicular and pedestrian entrances. A minimum of Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 25 of 28 Revised 01 /08/2021 Packet Pg. 282 9.A.3.b one space per unit shall be provided below the units in the secured parkin area. D. No parking spaces shall be permitted on the north side of buildings adjacent to the northern PUD boundary. E. Outdoor security cameras shall be provided within the project. The pool amenity shall be completed no later than the issuance of the 55tn certificate of occupancy for the residential option only. G. Any wall or fence facing Bayshore Road or Thomasson Drive shall be required to have architectural features and finish. H. A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP. are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years from the effective date of Ordinance 21- , any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. 5.4-96 ENVIRONMENTAL 1 WIN r -,P%'PP MON,- - ■_ HOW 11" Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 26 of 28 Revised 01 /08/2021 00 00 r r N O O O Packet Pg. 283 9.A.3.b LIM �T-Tl�f�T . NO!! � .�ir.�r_rn�i . �rsrrrefrr_r.■:���nn:��srrr A minimum of 25% of the on -site native veaetation must be retained. The native vegetation requirement was established bV Ordinance 05-063 and was calculated as 25% of 7.25 acres which is 1.81 acres. A minimum of 1.81 acres of preserve area is required to be provided on -site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 27 of 28 Revised 01 /08/2021 O O LCl r r r N O O r O Packet Pg. 284 9.A.3.b 5.7 MISCELLANEOUS A. 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 aermit if the applicant fails to obtain reauisite 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. o a B. All other applicable state or federal permits must be obtained before commencement of the development. J 5.8 LANDSCAPING 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. Suaalemental alantinas with native slant materials shall be in accordance with LDC Section 3.05.07. 00 Go tn r r r N O O r O a Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 28 of 28 Revised 01/08/2021 Packet Pg. 285 ai a z w5� U W c aQ( Ld W < (7 LLI [ U az �w� AFC W Z 0 Q [ hoc u'a� wand 6uiPue-1 UOPW83 MW006W-ld : 899t,0 (6)MOW - BOUBuiPJO V WOWy3844d :4u8wt43elly � C) �L a ZONED: RMF-6 m RESIDENTIAL II .6 u m a m AVALON ESTATE UNIT NO. 1 (PLAT BOOK 3, PAGE 62) ° W o� z _ J a _=- Z �� [O � O � ^ 0 Z W co W J O W aF- Za Y W ZO LL OOU� Q'WQM CO � W00 a mm Q W z 0 BAYSHORE DRIVE (100' RIGHT OF WAY) af w LL 0 LL W in aW �LL W Q oU) �z �a J N Q_ Q m F CD Z LL W w W W z 0 U Z � J CO U CO C)f L6 W U � 00 wU z O a 0 z O m 0 a _ a � W J W Z a Q O_ > Z w F ~ w U) a z C W Fn a � Of o Q Lu Z w ❑��LL, J r rn w (D a a 0 rn _o Y O O m H z w 7i w U) a w LL O H 2 (D a 0 0 Q0 a N N d W w U L1 O m aw v wE � Y O = O 0 O� LL O z Z z Lu w w 2 2 7> LLi w w aLJ w L a O� � J J ~ �a J W Z Lu 0 O z in 0 N 0 z N ti aQ � 2 m� wQ o 2 cn w w ti rl� W 00 N Cb a d .Y v IC a I 9.A.3.b I SITE SUMMARY TOTAL SITE AREA: 9.93± ACRE DEVELOPMENT AREA: 6.71± AC. (68%) PRESERVE: 1.81± AC. (18%) UTILITY, DRAINAGE, ACCESS AND MAINTENANCE EASEMENT: 0.41± AC. (4%) ROW EASEMENT (BOOK 1090, PAGE 1697): 0.21± AC. (2%) POTENTIAL ROW EASEMENT AND UTILITY IMPROVEMENTS 0.79± AC. (8%) MAXIMUM DWELLING UNITS: 127 (12.78 DU/AC X 9.93 ACRES) PRESERVE: REQUIRED PROVIDED OPEN SPACE:O REQUIRED PROVIDED DEVIATIONS: 1.81± ACRES (7.25± ACRES NATIVE VEGETATION X 0.25) 1.81± ACRES 60% 54 % 1❑ PARKING SPACE REQUIREMENT ❑2 OPEN SPACE REQUIREMENT (APPLIES TO ENTIRE PUD) NnTFS 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. 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. GradyMinor 0 Q. C1,01 llinnr anal As�Oddl.es, PA 111 M �h nrl �� FIorIJa 31191 Civil Engineers Land Surveyors . Planners Landscape Architects Ce _ of Auth. N:13 0006161 Ce . of Auth. Lo 0006161 13usmn LC 26000266 13mita Springs: 239.947A 144 w a iv. GraidyWnor. com Fort Myers: 239.690.4380 CAMDEN LANDING RPUD EXHIBIT B MASTER PLAN NOTES REVISED: 11/05/2020 SCALE: 'OD CODE DATE LPA FILE OE-E19 Packet Pg. 287 9.A.3.b g�s <z �z E f0 Zz o � ZZ `� r Orm" N *N z y �� ey c ° Ito MT I 41 �s l 1r 11NQEl1LQPF]} —_6hY3HORE DRIVE (qny VARIES) I.{ANess I� �rur kw�are ww� m AL i I r MAW a J C d <.i co M 0 0 0 as CO N J d 00 00 LO N 00 CD C b IV CD °��<i t •• (� y� C"aNy� O gar a d s r I Q Packet Pg. 288 9.A.3.b I t r r 11111111A MIE I k 1 r a xoNrxi VMDEvLaPm = SAYSHORE wVE (WW VARIES) i I . jig I MLDENTiF-LAREA I I � rn a — or wasoff— M r� 2 ` I :; :; 5 ILA a Packet Pg. 289 9.A.3.b AGREEMENT A DENSITY AMENDED AND RESTAI VCG AFFGRDABLES AND IMPGSIN TIONS ON REAZ THIS AMENDED AND RESTAXI of , 2008,. by and be! the Collier Ju nty Board of County Cori "Parties," This space for recording WORKFORCE HOUSIN OVENANTS AND PROPERTY 7-AG EMENT is made as of the (Jay en James`'. Fields (the "Developer') and nissi ers (the "Commission"), collectively, the RECITALS: A. The D/evepens a tract of real property desc i ed in Exhibit "A" attached hereto and incoin {The "Property"�. It is the Deve ers intent to construct a maximum ofntial units (the "Units") at a density 10.89 units per gross acre on . The gross acreage of Property is 9. acres. The numb/ofordable-workforce housing units constructed by Develd\er32 esenting 38forty (44) percent of the total number of residea ro development, or 56.4 percent of the approved bonus units. Page 1 of 31 4112/06 underlined text is added, „text is deleted shall be Units i a ts� c =a c R J C E U M 0 0 0 0 N J a 00 00 LO N C700 0 o 00 M by o r- w m E bz-� = U a aD a E�j vt r 6 4 � A[ I Packet Pg. 290 9.A.3.b B. In order to construct the Units, the Developer must obtain a density bon fro the Commission for the Property as provided for in the Collier County Affor ble Housi Density Bonus Ordinance No. 90-89, now codified by Ordinance 0 41, as Land De Iopment Code (LDC) § 2.06.00 of seq. , which density bonus n only be granted by t Commission and utilized by the Developer in accordanc with the strict limitations and a livability of said provisions. C. The mmission is willing to grant a density bo s to the Developer authorizing the constru ion of 78 bonus Units on the P perty, if the Developer agrees to construct afforda e workforce and gap Units a pecified in this Agreement. NOW, THEREFORE, in onsideralio6 'af the a roval and grant of the density bonus of 7.89 units per acre re ested by the ❑ eloper and the benefits conferred thereby on the Property, and for other ood and aluabid�consideration, the receipt and sufficiency of which are 6reby WdKinp - d, t�Veloper and the Commission i 4 hereby covenant and agree as follows: {� `- 1. Recitals. The above R itals are ue and correct and are incorporated herein by reference. 2. Developer A ree eats. The Developer ereby agrees that he it shall construct up to _42 44 ordable units, not to exce 40 % of the approved residential density as a rdable-workforce housing units, whi Units shall be sold in /it ith the erms and conditions of this Agreement an as specified by the endi s A & B, Exhibits A, B, & C, and Appendix C, whic Appendices are b reference herein and which constitute a part of this Agree ent. The following provisions shall be applicable to the affordable orkforce : Defined terms: In the event of a conflict between terms as defined in edinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the underlined text is added, w L-L�� m•� text is delcted Page 2 of 31 N 00 c o � o CDC o c: -• a r �c E C-.rM U fC r Q Packet Pg. 291 9.A.3.b pplicability of LDC § 2.06.�4 "Phasing" sha#I mean; �a3 the phased construction b ings or structures in separate and distinct stages as shown on a PUD master an, subdi i ion master plan or site development plan; or (b) in developments wher based construct n is not depicted on a PUD master plan, subdivision master an or site developmen Ian, the construction of buildings or structures in a clearl defined series of starts and fini es that are separate and distinct within the develo ent. (2) Media Income. For the purposes of this Agreeme , the median income of the area as define y the U.S. Department of Housing nd Urban Development (HUD) shall be the then c ent median income for the Ales Metropolitan Statistical Area, established periodicall by HUD and' publish in the Federal Register, as adjusted for family size as shown the tables att ed hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted fro time to ti a in accordance with any adjustments that are authorized by HUD or`any',oce envy (h'fhe event that HUD ceases to l publish an established median incoind a resaidl 6 +Parties hereto shall mutually agree to another reasonable and c parable ethod of computing adjustments in median income. (3) Eligibility and ualification-^.of Owner. Family income eligibility is a three -step process: 1) s mittal of an application by a prospective Owner; 2) verification of family ho ing unit provided under the afford le workforce and a housing density bo s program prior to being qualified at the ppropriate level of income (very low low, t& workforce, orgap income) in acc dance with this Section; 3) ce ification of eligible Owner by the PiRaRGial A Housing and Huma ervices Department. e Developer shall be responsible for qualifying Owners by ac pting app ' ations, verifying income and obtaining income certification for all affords el OF rkforce and gap units in the subject development. All applications, forms and othe documentation required by this Agreement shall be provided to undertined text is added, ^•„ text is deleted Page 3 of 31 0 a at c �a J C U Cl) 0 0 0 0 0 N J a t" 00 N 00 0 CX C c.a Ca C co E U fC r 2 W a Packet Pg. 292 9.A.3.b Housing and Human Services Department. Qualification by the Developer of a pe ans as an eligible Owner family shall be subject to review and approv in accor nce with the monitoring and enforcement program in LDC §§ 2.0 5 and 2.06.06, spectively. (a) Application. A otential manager. or agent to qualify ash low owning and occupying an affordable- I workforce housing density bq'iptip prvgra ff rr � workforce housing unit shall be provide( aR ---Housing and Human Ser/inrpon attached to this Agreement an(b) Income Verifica unit in the development sh be sold w and certified in accorda e with this AgrE (c) Income erification. The I the potenti/ootential nt (including the en income (ine entire household return fort occupants tinclud rvner stall ply to the developer, owner, j eorkforc ' income family for the purpose of )rce using unit pursuant to the affordable_ er F�Iilp-�ary Application for affordable_ Y men as Sh(jwn' in Appendix 6, Exhibit A. d by ref e nce herein. 1i fiGation. affordable -workforce housing ae household i ome has not been verified lent and LDC § 2. 05, veloper shall obtain w en verification from household) to verify all ular sources of Fhe most recent year's fede I income tax i the entire hnt mehnfrll may ha t t_ d fnr tha /coe of income verification, attached to the affordable -workforce housing a licant Verification form, including a statement to release information, occNThe n of the return, and a signature block with the date of application. verification shall be valid for up to one hundred eighty (180) days prior to occupancy. underlined text is added, text is deleted Page 4 of 39 0 a M C =a c R J C E U m M r O 0 O O 0 N J a 00 00 N o c w � ao � cs, C o " a o c.. a m E �M U M a aD E �a r Q Packet Pg. 293 9.A.3.b expiration of the 180 day period, the information may be verbally updated th\bepro rces for an additional 30 days, provided it has been documented the png the original verification. After this time, a new verification f must bThe affordable -workforce housing Applicant Income Ved ation form shed to the Housing and man Services Department as \ own in Appendix B, Exhibit B, attached to th/ Agreement and incorporated by refe%ertification, herein. (d) IncoUpon receipt /Ince ry Application for an affordable -workforce hou g unit and Applicaification form, the Developer shall require that a inco.rne certificatited by the potential occu ant p (including the entire usehold} prior of the affordable - workforce housing unit by the occu nt. Inc e certification shall assure that the potential occupant has an appropriate h s old Inc Me which qualifies the potential occupant as an eligible family,,to occupy a ardable-workforce housing unit under the affordable -workforce housiKg' densi bonus rogram. The affordable -workforce Housing Applicant Incom/anuman(!�ervices ation form sh be provided by the RanG4 Housing Depa ent as shown in Appendix B, Exhibit C, is attached t❑ thisent and is incorporate reference herein. Random spection of files containing require ocumentation to verify occupancy in accord ce with this Agreement and LDC § 2.06.0 may be conducted by the �� kHi- �-Housing and Human Services partment upon reasonable (4Z Annual Progress and Monitoring_ Report. The Developer shall vide the Housing and Human Services Department an nual 7ts and monitoring report regarding the delivery of affordable -workforce hou, g oughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required underkintd text is added, 4"K*4hFe+ text is deicted c U CD Cl) 0 0 0 0 0 N J a 00 00 N 00 � o o c ,-Czt o r Q � M CX> U fC r Q W E r a Page 5 of 31 Packet Pg. 294 9.A.3.b o insure compliance with LDC § 2.06.00, or subsequent amendments thereto. T re rt shall be filed on or before September 30 of each year and the report sh be subml d by the Developer to the FiRanrial Administration and Housing an uman Services epartment. Failure to complete and submit the monitoring r ort to the Housing and Human Services Department ithin sixty (60) days from the\year. result in a penalty of up to fifty dollar ($50.00) per day unless a writtto exceed thirty (30) clays is reque ed prior to expiration of the sixty (6ion deadline. No more than ❑ such extension may be granted in a s(5) s 'ctions. No affordable ❑rkforce unit in any building or structure on the Property shall be ccupied by the eveloper, any person related to or affiliated with the Developer, or byWa r ident m ager. I Density Bonus. Thie C sion hereby acknowledges that the Developer has met all required conditio t ualify �� ; a Density bonus, in addition to the base residential density`of 3 its per a e, an d:)ierefore granted a density bonus of 7.89 density bonus u s per acre, for otat density (total = density bonus units per acre X gross acreag of unit ac, pursuant to LDC § 2.06.00 The Commission further rees that the Developer ma construct thereon, in the aggregate a maximum mber of 108 units on the Propert rovided the Developer is able to secure buil ng permit(s) from Collier County_ 4. Co mission A regiment. During the term of this greement, the Co/to ing through the € oial—AdFniniGtFati Housin and Human Sement or its successor(s) covenants and agrees to prepare nd make avaDeveloper any general information that it possesses regarding come limiestrictions which are applicable to the affordable workforce or it. 5. Violations and Enforcement underlined text is added, svuck E#feg# text IS deleted Page 6 of 31 N 00 w ao � o n � w m kj=3k E U a tv E �a r a Packet Pg. 295 9.A.3.b Violations. It shall be a violation of this Agreement and LDC occupy, or attempt to sell or occupy, an affordable -workforce ho ing \nioder the affordable -workforce housing density bonus program a ept as itted by the terms of this Agreement; or to knowingly a false or ation with respect to any information required or re ested by the and Human Services Departm t or by any other ien and Housin\.Noticeof persons pursuanority which is delegated to them by C § 2.06.00. Collier County or its del have full power to enforce the rms of this Agreement. The method of efor a breach or violation oft Agreement shall be at the option of the Coc inal enforcement pur ant to the provisions of Section 125.69, Florida Sy civi nforcement as owed by law. b.of Violat n for C e Enforcement Board Proceedings. Whenever it is determined that there i a tolation Qf this Agreement or of LDC § 2,06,00, that should be enforced before ode Enforcement Board, then a Notice of Violation shall be issued grid sent b the app riate depdrtment by certified return- receipt requested U.S. Mail, or h d-delivery to t person or developer in violation. w The Notice of Violation shall co ply with the requireme s for such Notices. ov E- -' c. Certifi a of Occupancy, In the eve that the Developer fails to c� maintain the affordable- orkforce units in accordance with t ' Agreement or LDC § � a c� 2.06.00, as amende , at the option of the Commission, building rmits or certificates of occupancy, a applicable, may be withheld for any future pla ed or otherwise approved unit cated or to be located upon the Property until the entire oject is in full complianc ith this Agreement and with LDC § 2.06.00, as amended. Assignment by Commission. The Commission may assign all o art of its igations under this Agreement to any other public agency having jurisdiction er Property provided that it gives the Developer thirty (30) days advance written notic thereof. The Developer may not assign, delegate or otherwise transfer all or part of its underlined text is added. s•-��e text is deleted F Page 7 of 31 Packet Pg. 296 9.A.3.b \expresswritt tions, or promises under this Agreement to any successor in interest to t out the express written consent of the Commission, which consent m be any reason whatsoever. Any attempt to assign the duties, oblig ons, or er this Agreement to any successor in interest to the Propert ithout the consent of the Commission as required by this Section all tie void ab 7. Sever flit . If any section, phrase, sente is for any reason held i alid or unconstitutional by an} such portion shall be dee d a separate, distinct, anc other provisions shall remain a ctive and binding on t e or po on of this Agreement ourt f competent jurisdiction, ependent provision, and all Parties. S. Notice. Any notices sired or requir to be given under this Agreement shall be in writing and shall either person delivered or shall be sent by mail, postage prepaid, to the Parties at-tfieloll i addresses:, To the Commission: Collier unty Fin;n6al Mi^ictra*i Housing a Human Services Department �. .-,,_�/-f33a1 East Ta mi Trail Building H Suite 211 Naples, Florida 3 111294 To the Dev per: James J. Fields 15544 Monterosso Lan Naples, Florida 34110 to: /Partyy change the address to which notices are to be sent by tifying the such new address in the manner set forth above.Authorit to Monitor. The Parties hereto acknowledge that the llier -«l �r{c+rn4i.+rti .r,aHousing and Human Services Department or,ll have the authority to monitor and enforce the Developer's obligations underlined text is added, 54-U�� [ext is deleted Page S of 31 Packet Pg. 297 9.A.3.b r. 10. Indemnify. The Developer hereby agrees to protect, defend, inde nify and h d Collier County and its officers, employees, and agents harmless f m and against a and all claims, penalties, damages, fosses and expenses, ofessional fees, includi , without limitation, reasonable attorney's fees and all c is of litigation and judgments icing out of any claim, willful misconduct or neg ' ent act, error or omission, or liability f any kind made by Developer, its agents r employees, arising out of or incidental to th erformance of this Agreement 11. Covenants. a Developer agrees that all f its obligations hereunder shall constitute covenants, res 'ctions, and conditions ich shall run with the land and shall be binding upon the Pro rty and again every person then having any ownership interest at any time and fr time to me until this Agreement is terminated in accordance with Section I4-6 e[ow.- f w ver, the Parties agree that if Developer transfers or conveys the Property to an a erson or_entio, Developer shall have no further obligation hereunder and any rson se ing !to enforce the terms hereof shall f , look solely to Developer's success in interest for t --performance of said obligations. 12. Recording. This reemepf slam ��e reeo ed at County's expense in the official records of Collier Co ty, Florida- 13. Entire A ement. The Parties hereto afire that this Agreement constitutes the entir greement between the Parties. hereto and hall inure to and be binding upon thei espective heirs, successors, and assigns. 14, rmination, Each affordable workforce or gap housin nit shall be restricted remain and be maintained as the required affordable workforc and gap housin s provided in the LDC §2.06.04_ 15. Modification. This Agreement shall be modified or amended only by e itten agreement of both Parties. 16. Discrimination, underlined text is added, - •`f-� text is deiered Page 9 of 31 o 00 �d o 0 c� " .. o a �r R'J E M U a E M �a r a Packet Pg. 298 9.A.3.b a. The Developer agrees that neither it nor its agents sh di riminate against any owner or potential owner because of said owners race, for, religio sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains th ffordable_ workforce h sing unit, it must advertise, sell, and maintain the s e in a non- discriminatory m ner and shall make available any relevant inform on to any person who is interested in rchasing such affordable -workforce housin unit. C. Th Developer agrees to be responsibl or payment of any real estate commissions and es for which it is fiable in he purchase and sale of affordable -workforce units. e. The affordata -workforce hou ng' units shall be intermixed with, and not segregated from, the markeik , to dweili units in the development. f. The {sg4areNotag ` c str Cti n and design of the affordable, workforce, and gap housing units shall b h same as market rate dwelling units in the development. All physical 'affne'nities i the dwe g units, as' described in item number seven (7) of the Developer Applic ion for affordab workforce housing Density Bonus shall be the same for mar t rate unjts��kI04_- a rdable-workforce units. For developments where cons ction takes place in more t n one phase, all physical amenities as described n item number seven (7) of the veloper Application for Affordable-Workforc ousing Density Bonus shall be the same i oth the market rate units and the aff fiable-workforce units in each phase. Units in a bsequent phase may contain d' erent amenities than units in a previous phase so long as he amenities for market to units and affordableworkforce, and gal) units are the same thin each phase d provided that in no event may a market rate unit or affordable -work fo a unit in a phase contain physical amenities less than those described in the Devel er plication. 17. Phasing. The percentage of affordable -workforce housing units to which underlined text is added, srr•^�,—,;,K- HO text is deleted Page 10 of 31 0 a c J U M r 0 0 0 0 0 N J a 0 0 N C o wry r O Packet Pg. 299 9.A.3.b has committed for the total development shall be maintained in ea all be constructed as part of each phase of the development o the loper commits to 39 40 percent affordable -workforce housin nits for \proj, ith 30 40 percent of the units in each phase consisting ❑ affordable -Di losure. The developer shall not disclose to pers s, other than the potential buyer or I der of the particular afford a bie-wo rkfo rce ousing unit or units, which units in the devel ment are designated as affordable- rkforce housing units. 19. Consistency. This Agreement and autho ed development shall be consistent with the Growth nagement Plan and I d development regulations of Collier County that are in effect at. a time of devei ment. Subsequently adopted laws and policies shall apply to this Agre ent an o the development to the extent that they are not in conflict with the numpeir, f affordable -workforce housing units and the amount of affordable -workforce ou ng density, bonus approved for the development. r �' 20. Affordable-Workforc Housinq Densi Bonus Development A regiment_ This Agreement is a distinct a separa#eg(eement m "development agreements" cxD' as defined by Section 163. 0, Fla. Stat., as amended. 21. Prea lic on. Developer has executed d submitted to the a Development Servic Department the Developer Application for ordable-Workforce Housing Density nus, a copy of which is attached to this Agreeme as Appendix C and incorpora d by reference herein. 22. Governing Law. This Agreement shall be governed by and c strued in accord ce with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in r ordable form if necessary, any and all documents, certificates, instruments, an agreements which may be reasonably required in order to effectuate the intent of the underiinrd text is added, �,.��-eftgh text is defeted Page 11 of 31 Packet Pg. 300 9.A.3.b ent. Such documents shall include but not be limited to any docu ested by the Developer to exhibit that this Agreement has termin nce with the provisions of paragraph 14 above. in IN WITNESS WHERE0F\ie Partlpi=hereto #gave/used this First Amendment to Agreement to be executed as oft day and year �. ATTEST: BOAR DWIGHT-E�',$ROCK,'Clerlk O ' E 4. r. . 4 p Clerk By: To �ett�st �r to Cilia o o � as lKform and legal sufficiency: my Attorney underlined text is added, swHelk lWeug# text is deleted Page 12 of 31 r fi t aboye written. r OF COUNTY COMMISSIONERS WOUNTy, FLORIDA Henning, CHAIRMAN 0 ■ Packet Pg. 301 9.A.3.b DEVELOPER: Wit sses: B: Witness rr it a Pri ted Name L 17 a� ll VC By: Witness Printed Name L %T �� v-QAiau'u E M STATE OF FLORIDA g COUNTY OF COLLIER }} �r1'%� o �-- c N J a 00 00 Ln The foregoing First Amendm6nt to Agree nt Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Im sin ove iants Ahd Restrictions On Real 00 Q O Property was a nowledged b fore e , _by as _ _ o i If vlt� j , who Rersonally kn � to me or has produced "ter", U� s identification. o c� WITNESS my ban and official seal thi o - - a My Commissio/ Expires: 0�eoca>< E 11 PAMT ;. FAY COFA� IWON ! 6R 417346 s EXPIRES: July 4, M underlined text is added. ; text is deleted Page 13 of 31 r C Y J `_' — �1 7 V Notary P lic a E U r a Packet Pg. 302 9.A.3.b EXQBIT A LEGAL DESCRIPTION All Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, accords to the plat thereof, as recorded in PIat Book 1, at Page 27-A, of the Public Records of Collier CVtv. Florida_ r� under] ined tSO is added, 6WdeW4hF&nh text is deleted V � ItfE ci�t� CK> CIA n C7 �l Page 14 of 31 Packet Pg. 303 I 9.A.3.b I APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE -WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency 1 Bedroom 2 Bedroom [ �Y� `f 3 Bedroom 4 Bedroom TOTAL } rl J) WORKFORCE INCOME { (61-80% MI) �C� U Efficiency 0 1 Bedrooms, 2 Bedroom 0 3 Bedroom 44 4 Bedroom 0 TOTAL 0 44 LOW INCO E (51 %-60°/ I ) E ciency 1 Bedroom 2 Bedroom 3 Bedroom underlined text is added, somuck ; 4eu : text is deleted Page 15 of 31 t. 0 a rn c �a c M J c aD E �o U cfl M O O O as 0 N J a 0 0 0 Packet Pg. 304 9.A.3.b 4 Bedroom TOTAL VERY L W INCOME (50% OR SS MI) Effici Cy i Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 0 24 4-1 $C� (l) Base residential defisity'afEpNi� (2) Gross acreage .92 . (3) Maximum numbgr of'aiffDrd bI+ development pursuant to LD,C (4) Gross residential density ©fthis density bonus units) - .110.89 ur (5) Percentage of afford s -wor + percent of the total nilmb it ih this deA,. opme'rit 3 units/acre. W. ' k ree h1cruw ns y bonus units allowed in this !ctt 16.60.. 78 iiniti. E ela ent (includi4� ffordable-workforce housing slacre. -cc housing. its pledged by the developer (as a in the develo ient) 39 40 underlined text is added, stmea thFoug text is deleted Page 16 of 31 Packet Pg. 305 9.A.3.b APPENDIX A, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM L C § 2.46.03, provides for calculation of a density bonus for developer pledging to construct a ordable-workforce units within their development. included in thi xhibit B are instructions and the tables with which to calculate the density bonus for a articular project. Exhibit C con ins the current median income and acceptable rents for wand very low, workforce, and ga income households in Collier County. The affordable orkforce housing density bonus rating system all be used to determine the amount of the affo , ble-workforce housing density bonuses ich may be granted for a development based on hou hold income level,, and percentage of affordable wor ree and --housing unit n the development- To use the affordable -workforce housing den ty'boniis�-r�ih�ogteui, tiles A and B, below, shall be used. Tables A arA 13, shall be reviewW d updated if neces ry on an annual basis by the Board of County Commissioners or its designee. ; r Ia- = 1 1 First, choose the houLho4 incom vel•.( , faw, a -very low, Iew; workforce. or gap) of the affordable -workforce ha�sl ig�'u (s propp�e in the development, and - applicable) to be.._ : a�a, as _Shw in Td e A. ' number- of bedr-eems reposed fee- the 7' Mlable --nidql ;A ef bedroems is she" in :Pablo '-. �. 07 Cat ~� ;n Table A, leeate idential dwelling units per- <7:> Next determine apercent of that type of w no riluxmtmunumne of resiaenuai owenin units per ross acre that may b dded to the base density. These dditional residential dwelling units per gross acre are the max um affordable - workforce ho ing density bonus (AWHDB) available to that development. Dev opments with percentage f affordable -workforce housing units which fall in between the percenta s shown on Table R shall receive an affordable -workforce housing density bonus equal the Lowe f the two percen es it lies between plus 111 ath of a residential dwelling unit per gross acre r each addi ' nal percentage of affordable -workforce housing rental units in the development. For ex pie, a development which has 24% of its total residential dwelling units as afforda e- rkforce housing units, and which has an affordable housing density bonus rating of "four" w eceive an affordable -workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added, su*Gk4hf000 text is deleted t. 0 a a� c �a J aD E �a U M r 0 0 0 0 0 N J a 0 0 LO N 0 0 O tv V C M C O Q C aD E s to Q d E M a Page 17 of 31 Packet Pg. 306 9.A.3.b dwelling In no event shall the affordable -workforce housing density bonus grass acre. R CO eight (8) �jj6 Gib y � �1 Fs i 0 a a� _ =a _ J _ d E m U v M 0 0 0 CO tV J a 00 00 to v N CO 0 0 L 0 Q E L V Q _ d E t <.i underlined text is added, text is dcicted N Page 18 of 31 Packet Pg. 307 APPENDIX A, EXHIBIT B AFFORDABLE-WORKEORCE. HOUSING DENSITY BONUS RATING SYSTEM Please calCA�our density bonus in the space provided below. Attach a necessary. TABLE A. AFFORDABLE -WORKFORCE rY BONUS RATING Inrior table deleted. rA ional pages if MAXIMUM ALLOW LE DENSITY BONUS BY PERCIT OF DEVELOPMENT DESIGNATE AS AFFORDABLE-WORKF CE HOUSING Household \20"-'10% — � �'�- Product Income /a 40% =S�Q% ,60% 70% 80% 90% 100% (%median ,R 81-150% - - Gap MI* ** 1 6 6 6 nla (Gap) rr 61-80°/fl Workforce MI* 7 3 _5 8 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 -8 8 8 8 S 8 - 50% 115 - Very Low or less 4 7 8 8 8 8 8 8 MI "Owner-occu/Awable **May only bunction with at least 10% at or below 80% Total MaximuDensity = Base Density + Affordable -Workforce ousing Density Bonus. In no event shum gross density allowed exceed 16 units per acre. underlined text is added. SIFNA ihmugh text is deleted 0 Z 0 a a� c �a J _ m E U M 0 0 0 rn 0 N J a 00 00 LO N O O O a� _ M c =a L 0 a c m E �a a r _ as E U �a w r a Page 19 of 31 Packet Pg. 308 1 I 9.A.3.b I APPENDIX A, EXHIBIT C ME AND RENT LEVELS FOR THE LOW AND MODERATE IN Pursuant hapter 74, Section 74-402 (a){ 1); Collier County Code of Laws and Ordin 411he e, moderate i me is 61 % to 80% of the median income, low income is 51 % to 60% median inco and very low income is less than 50% of the median income. $63,300 NUMBER OF \ME 1 2 150% 73,350 80% 39,100 60% 29,340 50% 24,450 35% 17,115 25% 12,225 MEDIAN INCOME 2007 Naples, MSA (Collier County) IN FAMILY lnrivr table delet 3 83,700 4,2.00 44,650 5 50-- 33,480';- 27,900 31A 19,534' ;21,99(r The Florida Housing Finance ( Incentive Loan {SAIL} and the rents given below are based on County's Section 8 Rental Assj Housing Authority. 2 4 5 / 6 r i 4,70p y 113,1 121,500 `55;850- di7' 64,750 41,880 ;246' 48,600 34,900 7,70 40,500 24,430 26,390\ 28,350 A4. .1$, 20,250 DED RE Alr RA'I'F5 �,r�ion.FHFC} calculat. ~Y �tnca1ti0 Rental'goUsi-ng 1 data from 1- a-FC.- Utility c .e Program which is administ 7 129,900 69,250 51,960 43,300 30,310 21,650 8 138,150 73,700 55,260 46,050 32,235 23,025 s to use in the State Apartment Credit (LIHTC) programs_ The is are provided from the : by the Collier County NG COSTS BASED ON 30016 FAMILY IN rior table deleted, current table follows] O DROOM NIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOU BEDRO M UNIT 150% $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 600 $785 $942 $1,089 $1,215 /o $654 $785 $907 $1,012 5% $458 $549 $635 S708 25% $327 $392 $453 $506 underlined text is added, Wig# text is deleted Page 20 of 39 -, 0 a. a� c �a J _ d E U M 0 0 0 0 N J IL 00 00 N 00 0 0 c M c �a 0 a c d E �a a r _ as E U �a w r a Packet Pg. 309 9.A.3.b TION Naples an oast Collier Cou Immokalee and Everglades Blvd. Golden Gate of UTILITY ALLOWANCES ONE BIR TWO BIR THREE BIR FOUR BIR UNIT UNIT UNIT UNIT 71.00 91.00 128.00 1 67.00 106.00 1ZENET 173.00 96.00 144.00 1211.00 ICT UTILITIES TO CALCULRENTS. "N�1�60 C�yol� r 1 TFI II , ", a 0 a. a� c �a J _ d E U M O O O CA O N J IL 00 00 LO underlined text is added, ugh text is deleted Page 21 of 31 Packet Pg. 310 APPENDIX B. EXHIBIT A I'MIMINARY APPLICATION FOR AFFORDABLE -WORKFORCE HOUSINGZNII ired: Date Oc\Address: Date of Application: Amt. O/Sec.De sit: Your N Race/National Origin: HandicNo Co-Ten Race/National Origin: HandicNo Present treet City State Zip Telephone No. Name of Landlord How Long a is Address: Landlord's Address: Street City State,- Tel one No. If you have resided at your present: e S' iess an 3 Viease state previous address: t �, r Street City ;' \atie— Tel hope No. Name of Previous Landlord t- Street City \ State Telephone No. APPLICANT: Present Employers Name �f ilk Address and Telephone No. How long with Present E dyer: Job Title Gross Salary: Hourly Weekly $ Every 2 Weeks $ Monthly $ Social Security Nu er Birth Date Previous Emplo rs Name Address and lephone No. How ]on ith Previous Employer Job Title CO-T ANT. Pre nt Employers Name ddress and Telephone No. How long with Present Employer: Job Title underlined text is added, fig# text is deleted Page 22 of 31 Packet Pg. 311 1 9.A.3.b Gross Salary: Hourly $ Weekly $ cial Security Number Pre us Employers Name Addres nd Telephone No. How long th Previous Employer 1. 2. 3. 1. Name: 2. Name: Address: Every 2 Weeks $ Monthly $ Birth Date Job Title BIRTH DATE SEX ACE i� C'06 i �tE C11 Underlined text is added. s .atekffife��-r^ug ; teat is deleted Page 23 of 31 How Long Known: How Lang Known: Packet Pg. 312 9.A.3.b APPENDIX B, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant' ame:_ Co -Tenant's e:: Present Address: Social Security Number Social Security Number StreN City State Zip lephone No. I hereby make applie on for a single family unit at I hereby declare and revN all of my sources of income. I am aware that to leave ou omit or fail to report my assets or fobs of income from pensions, stocks, bonds, real property nt, sale or ownership is a fra uient act punishable by law. am i Knowingly falsifying informatio on this fors 6ause- for ref al of occupancy. I hereby certify that this will be . permanent reside - ei-and that I have no other assisted hauling. %', _ I understand that this informatio -i5, for determine my qualification to bgy an''AffaXda that I am not required to sume'hd�}r`owr capital gains, etc. N Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unempl/utnity Workma Welfare Food St Social S e `p ase - mpe�ting my annual income to W. workforce 'or' a `housing unit. I understand or rights or: claimed property, pensions or A icaftt Co -Occupant Amount F queAcy Amount Frequency -Received. of � !-E i- . $ $ $ Social ecurity Disability $ Sup emental SSI $ Fy1hiiy Assistance $ hild Support $ Veterans Benefits $ Widows Benefits $ underlined text is added. StFUCk thFOL18 text is deleted Page 24 of 31 Received of Pay Packet Pg. 313 Union Pension $ $ $ $ If -Employment Business, S nt Partner, etc. $ $ $ $ Priv Insurance Pension $ $ $ $ TOTAL NUAL INCOME $ $ THE VERIFI . TION HERE REQUESTED MAY TAKE THE FORM OF THE OST RECENT YEAR'S INCO TAX RETURN FOR EACH OCCUPANT WHO HAS F D AND WILL OCCUPY THE RDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST EXECUTED FOR EACH OCCUPANT OF HOUSEHOLD WHO CONTRIBUTED TO T ANNUAL HOUSEHOLD INCOME. FA RE TO REPORT ALL SOURCES OF HOUSEHO INCOME WILL RESULT IN DISQUA ICATION FOR TENANCY IN AFFORDABLE, WORKF CE, OR GAP HOUSING UNIT. X�,R Co underlined text is added, S� L Faugh text is deleted Page 25 of 31 I Packet Pg. 314 I 9.A.3.b I APPENDIX B, EXHIBIT C \APPLI ORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICA NT: Present Ei Address: Street I, (Applica on this certification form. a Job Title: a rn c City to Zip M hereby authorize the release information requested r- R Co .s. STATE OF FLORIDA ) ss ' COUNTY OF COLLIER} The foregoing was ackno Wgc ,b Who is personally known to' e IF as s u e iden#i iication. Witness my hand and o- 1 se is y+n {notary sea]) My Commission Expires: underlined text is added, suuek-t#F;e w g h rem is deleted Page 25 of 31 cfl M Eature of Applicant c 0 rn 0 N J a DD Do rn as N 2008.00 CD 0 r tX �a Notary Public A a E t v R a r E U r a Packet Pg. 315 I 9.A.3.b I MPLOYER CERTIFICATION App - ant's Gross Annual Income or Rate or Pay: S Number f Hours Worked (Weekly): . Frequency of Pay: Amount of uses, Tips, or other Compensation Received: $_ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknow �:6re fficby. t- Who is personally knowri to z or has produced identification. ` Witness my hand andd' off" is (notary seal) My Commission Expires: THE CERTIFICATION HERE REQ E.. MAY TAKE NTHE.� INCOME TALC RETURN FOR EAC AFFORDABLE -WORKFORCE 1JNIT. S / - Monthly Annually Supervisor FM9 ME 5Notary Public 0 OF THE MOST RECENT YEAR'S ,FILED AND WILL OCCUPY THE underlined text is added. siro 0i ih Feugh text is deleted Page 27 of 31 Packet Pg. 316 1 9.A.3.b APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE-WORKFOR HOUSING DENSITY BONUS Pursuant to L § 2.06.01 please complete this form and submit it w' any accompanying documentation to t Community Development & Environmental Serv' es Division, 2800 North Horseshoe Drive, Nap , Florida 34104. A copy must also be p vided to the Collier County Housing and Human Servic Department. All items requested must be pro i ed. - 1. Please state what zoning diet . ,ts ark proposed by t applicant, if any, on the property and the acreage of each; P.PL]D492 2. Has an application fort rezpp}ia ems_ ques d in, conjunction with the affordable workforce kforce and d gap housing Density bonus? X Yes No � If yes, state date of application 12-2- and if the equsst`his been approved, state the Ordinance number 05-63. t 3. Gross density of the prop sed develop-trienr -- I0.89 its/acre Gross acreage of the oposed development. 9.92 acre 4, Are affordable-w force housing density bonus units sought in njunction with an application for a pi d unit development (PLTD)? X Yes No. If yes, please stat ame and location of the PUD and any other identifying info ation. Cirrus Point UD located and at the northeast corner of the intersection hetwee Thnmacsnn 5. ame of applicant .lames J. Fields Name of land developer if not the same as Applicant: NIA 6. Please complete the following tables as they apply to the proposed development, underlined text is added, 9....h ; text is deleted Page 28 of 31 Packet Pg. 317 I Total Number of Units in Develonment Type X Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL ifl TABLE lI NLimber :bf Affordabl -or Housin Units ri<ar iaUie del e current table'foilows Total Number o£i �- Proposod Use for Affardah]e-W- - 4 ens tX BonLr,'Units ford Units in Di~ clop ent � .n t , wrier - — t owner Ren Occupied Rental ccu led GAP INCOME 81-150% Ml Efficiency 1 Bedroom Z Bedro 3 B room TOTAL 0 _ owner occupied underlined text is added, fig# text is deleted Page 29 of 31 Packet Pg. 318 WORKFORCE INCOME -80% MI Efficiency 1 edroom 2 Bed om 3 Bedroo Other TOTAL LOW INCOME 5l -60% MI Efficiency l Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedro 2 B room 44 In accordance with y�F C0Cjf�T J 44 AU r►� A C1� 0 Other _ TOTAL 0 underlined text is added, stmelk ;hreugh tcxt is deleted Page 30 of 31 0 ection 2. 011 Packet Pg. 319 9.A.3.b Please provide a physical description of the affordable -workforce units by type of unit ( , very low income, low income, workforce income, gap income) and by number of rooms. Inc de in your description, for example, the square footage of each type of unit, or coverings used t ughout the unit (carpeting, tile, vinyl flooring); window treatments; a lances provided a 0 such as wa erldryer, dishwasher, stove, refrigerator; bathroom amenities, s h as ceiling exhaust a a� c fans; and any her amenities as applicable. Attach additional pages Exhibit "D" if needed. (See attaehed) A DU L'ATTITV Tl C d CIRRUS POINTE PUD E M U PHYSICAL DESC ION OF AFFORDA WO ORCE HOUSING UNITS M There will be a minimum o 40Workfale Housing Units in the Cirrus Pointe o PUD. These AfferdablWorkfo a Housing Units ilf be.. comprised of 4-0 44 three -bedroom N J a U fh- i ...,. F..,.,. ...., ■ono! ..t 71 R...7:.. v. .. i .i ---------- 00 00 LO jAeOffle3 Units. v v All Af€eedab1 Workforce'Hous�g [ n.lf. i A, Sol r as owner -occupied multi -family ` + 00 units. Each unit will comt.st4ndard ith carpet - d the �fl0drs, refrigerator, dishwasher, stove, CD, c washer/dryer, basic lightinglceiti ...fan package, ark - atfitooms will have ceiling exhaust fans. .� CD The three -bedroom units will ve-a�i�#!, MIA-k—ondit ed area of 1526 square feet. Garage parking will provide 2 par ' g stalls for each unit and will als ouse storage areas for each unit. G-i o -- a The entire community ill consist of up to 108 multi -family h es and the units that are not E designated Workforce Housing Units will be offered a moderately priced multi- a r family homes. e community will have the following amenities open t he residents of Cirrus a Pointe: po cabana, fountains, sidewalks and gated security. s 8. Pleas uPp Y i an other information which would reasonably be needed to address t ' request for a Y ffordable, workforce, anEd Bata housing density bonus for this development. Attach ditional if needed. underlined text is added, ogle text is deleted %APLES 557212 , IA Page 31 of 31 Packet Pg. 320 9.A.3.b STATE OF FLORIDA) OF COLLIER) Q I DWIGHT E. BROCK, Clerk of Courts in and for he 0 a Twentieth udicial Circuit, Collier County, Flor' a, do a� c hereby certi that the foregoing is a true a correct J c aD copy of: E U ORDINANCE 2008-38 �f � ,1R C(— o Which was adopted y the Board f County Commissioners a) o N J on the 22nd day of July,-- 0`8-, --d in R' ular Session. 9119 a rf 0 000 LO WITNESS my hand and.t e fcia7 §eal of the Board of ,f County Commissioners of C lier unty, Florida, this 30th N o p o J day of July, 2448. � O DWIGHT E. B CK IMP c' o Clerk of Cour ail Clerks_ c _ Ex-officio to are= -_ a '� °' E County CommissiD ry �� •; � . of . . E By: Ann Jennejohn, Deputy Clerk a Packet Pg. 321 uepuaeO VM000ISM-ld : 889V0 6uipuel uepuae3 veld ae;sew pesodoad 8 4u8wtj3elly :4u8wLj3e}}d 'A O u ZONED: RMF-6 m RESIDENTIAL II .6 m a AVALON ESTATE UNIT NO. 1 ° z (PLAT BOOK 3, PAGE 62) _ W o� J a cf) U)W�Z � U W Cl a Q C L W a �Wo U Q Z r 0�C W Z c o¢a boo ulac [O � O � ^ D z a co YQ Ow O U YWOa 005 m Q'WQM CO w�00 a mm Q W z 0 BAYSHORE DRIVE (100' RIGHT OF WAY) O 00 0 CL a af W LL 0 LL W in aw �LL w Q oU) �z �a J N Q_ 0 Q m F CD Z LL W w W W� z 0 U Z � J CO U CO C)f L6 w U � O O w U z O a 0 Z O co 0 a _ a � w J w Z a Q O_ > Z w F ~ w U) a z C W Fn a � Of o Q Lu Z w ❑��W J r rn w a a 0 rn _o Y O O m H z w 7i w U) a w LL O H 2 c� a oa Q0 a N N d W w U L1 O m aw v wE � Y O = O 0 O� LL O z Z z Lu w w 2 2 7> LLi w w aLJ w L a O� � J J ~ �a J �7- w Z H 0 O z in 0 N 0 z N L ti aQ 0 2 m� wQ o 2 cn w w ti rl� 9.A.3.d C�o�er CoH-nty Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: James Sabo, AICP, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner Zoning Division, Comprehensive Planning Section Date: November 22, 2019 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDR - PL20190001364 - REV 1 PETITION NAME: Meridian Landing Planned Unit Development Rezone (PUDR) REQUEST: The petitioner is requesting to amend the Cirrus Pointe Residential Planned Unit Development (RPUD) to construct 127 market -rate multi -family residential dwelling units and rename the RPUD project to Meridian Landing RPUD. LOCATION: The subject property is located at the northeast corner of the intersection of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, and Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The f9.33-acre subject site is identified as Urban Designation, Urban Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) and within the Coastal High Hazard Area (CHHA) in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject site is zoned Cirrus Pointe RPUD via Ordinance #05-63 and amended via Ordinance #08-38. The intent of the B/GTRO is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. The B/GTRO encourages development and redevelopment. One means of doing so is through a density bonus incentive. The prior zoning of the Botanical Gardens PUD site would have allowed 388 dwelling units. Those units were placed into a density bonus pool that may be allocated by the Board of County Commissioners on a project by project basis, either for a mixed use project or a residential -only project. The subject petition relies upon this density pool, in part, to achieve the requested density of 12.8 DU/A (127 DUs). The petition is relying on 30 DUs from a base density of 3 DU/A (9.93A * 3 DU/A = 29.79 DU/A = 30 DUs) and is requesting 97 units from the B/GTRO density bonus units for a total of 127 DUs. Page 1 of 4 3 Packet Pg. 323 9.A.3.d The provisions for residential -only projects and for density calculations are provided below, with staff analysis following in [bold]. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport -Pulling Road (west side only) or US 41 East, may be allowed to redevelop as a residential -only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units — 25% of the 388 total density pool units available. [The subject site has frontage on Bayshore Drive; this petition proposes a density at 12.8 DU/A, which is greater than the allowable density under this criterion (8 DU/A); this petition requests 97 units from the density bonus pool.] The 97-unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 3 88 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. [The project request is for PUD zoning.] b. Project site shall be a minimum of three acres. [The subject site comprises +9.33 acres.] c. Project shall constitute redevelopment of the site. [The site has never been developed, this project does not constitute redevelopment.] d. All residential units shall be market rate units. [Inasmuch as this petition does not seek the density bonus for provision of affordable -workforce housing, a component of the density rating system in the FLUE, and there is no mention in the petition of state or federal subsidies, the project will be developed with market rate units.] Staff finds that the proposed Meridian Landing RPUD does not qualify to utilize density Co - bonus pool units under criteria a through d above. 3 m The Future Land Use Element states: The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. The existing N Cirrus Pointe RPUD was approved for 108 Units (108 DUs - 9.92 acres = 10.887 DU/A = 10.9 DU/A) by utilizing an affordable housing bonus density agreement (Ord. #08-38). The current request is for 127 v dwelling units (DUs), which equals 12.8 DU/Acre (127 DUs - 9.33 acres = 12.789 DU/A = 12.8 DU/A). w In order to develop a density of 12.8 DU/A for market -rate housing, the applicant stated they will need to J use both base density and the maximum number of density bonus pool units allowed in the B/GTRO, as proposed to be amended by the companion GMP amendment petition (PL20190000387/CPSS 2019-9), as v shown below: Urban Coastal Fringe Subdistrict may have a maximum base of 4 DU/A and then reduced by 1 DU/A for being within the Coastal High Hazard Area (3DU*9.93A) = 29.79 DUs 30 DUs Using the maximum number of Density Bonus Pool Units in B/GTRO via GMPA + 97 DUs = 127 DUs The companion GMPA that is currently under review proposes language for a new paragraph #13 in the Bayshore/Gateway Triangle Redevelopment Overlay that will allow a maximum of 127 dwelling units. The proposed language for the GMPA is more restrictive than the proposed language for the RPUD. The GMPA will limit multi -family dwelling units to townhouses and condominiums with no rental apartments permitted. Staff recommends adding these DU types and the rental prohibition to the RPUD. Page 2 of 4 Packet Pg. 324 9.A.3.d The GMPA proposed text also states that the 97 residential density bonus units shall be null and void and returned to the bonus density pool unless a Site Development Plan has been issued ad remains active for the development by the 5' year of approval of the PUD or the BCC approves an extension of the residential density bonus units to a certain date. Please see stipulation #3 at the end of this review. Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis [in bold]. Because there is a finite supply of density bonus pool units (388 total, and about 97 density bonus units have been previously utilized, yielding about 291 remaining units) to award as an incentive for development/redevelopment, careful consideration should be given to each request to use the density bonus pool. Staff does not find the proposed project meets the criteria in the B/GTRO to qualify to utilize 97 density bonus units and therefore agrees that an GMP amendment to add paragraph #13 is necessary to qualify the applicant to request the density bonus units. Policy 5.3 in the Future Land Use Element states, in part, "All rezonings must be consistent with the Growth Management Plan." [See analysis above.] 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 to perform the compatibility analysis.] Objective 7 of the FLUE states: "Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the County, where applicable, and as follows: " 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 Master Plan, Exhibit `A', shows one ingress/egress point on Thomasson Drive, a major collector as identified in the Transportation Element of the GMP.] 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', the Master Plan, shows a drive that travels east -west across the entire project acreage, providing internal circulation within the project.] 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. [Exhibit `A' shows no interconnections with adjoining neighborhoods or developments; Thomasson Drive abuts the subject site to the south and Bayshore Drive abuts the subject site to the west. All properties to the east and north have been developed previously. Staff believes interconnections not feasible.] 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. [Section IV: The Preserve Areas Plan mentions passive recreational areas, hiking, and nature trails and boardwalks will be permitted uses. No deviation has been proposed from providing sidewalks as required by the Land Development Code. The "Usable Open Space Requirement" on the Master Page 3 of 4 3 Packet Pg. 325 9.A.3.d Plan states that the required 60% open space is being reduced to 54% due to the Collier County right-of-way easement along a portion of Thomasson Drive for intersection improvements. Although not specifically mentioned in the PUD, amenities such as club houses frequently serve as a site for civic uses such as community meetings and polling places.] Please note the Meridian Landing PUDR petition is contingent upon approval of the companion Growth Management Plan small-scale amendment (GMPA) petition PL-20190001387/CPSS-2019-9. Informational Comment: This RPUD rezone may only be deemed consistent contingent upon the companion GMP amendment petition being adopted and in effect. Informational Comment: The RPUD rezone ordinance effective date must be linked to the effective date of the companion GMPA petition. Notes on PUDR Documents PUD Strike Through and Underline Document: • Section I. Legal Description — states acreage as 9.92 — other documents refer to 9.93 acres. Please make consistent. • III. Residential Areas Plan, Section 3.2 Maximum Dwelling Units, the number of acres is also shown as 9.92. Please make consistent. PETITION ON CITYVIEW CONCLUSION This rezone petition may not be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan until inconsistencies between the GMPA and the PUDR have been rectified and stipulations have been met. STIPULATIONS 1. Limit MFDUs to those specified in GMPA and prohibit rental apartments. 2. Revise III. Residential Areas Plan, Section 3.2 Maximum Dwelling Units, there is reference to being consistent with the Bayshore/Thomasson Drive Subdistrict of the FLUE of the GMP; replace with the B/GTRO. 3. Revise V. Development Commitments, Section 5.6 Planning, to the same language used in Mattamy Homes and Courthouse Shadows PUDs (though 5 years is acceptable rather than 7 years). cc: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section Page 4 of 4 3 Packet Pg. 326 9.A.3.e Bayshore Gateway Triangle CRA . Bayshore Beautification MSTU Halden)an Creek MSTU Agenda item 4a-- November 3 2020 MeetinjZ Minutes BAYS HOREIGATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE NOVEMBER 3, 2020 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board a was called to order by Chairman, Maurice Gutierrez at 6:05 p.m. c I. Roll Call: Advisory Board Members Present: Maurice Gutierrez, Steve Main, Al Schantzen, Karen Beatty, Steve Rigsbee. Virtual Attendance: Dwight Oakley and Michael Sherman. Camille Kielty and Larry Ingram had an excused absence. Steve Main made a motion to approve virtual attendance for both Advisory E cc Board Members, second by Karen Beatty. Passed Unanimously. U CRA Staff Present: Debrah Forester, CRA. Director; Tami Scott, Project M r Manager; Ellen Summers, Principal Redevelopment Specialist; and Shirley c Garcia, Operations Coordinator. 0 II. Pledge of Allegiance a III. Adoption of Agenda: Maurice Gutierrez amended Agenda to add Pledge of 00 Allegiance. Karen Beatty made a motion to adopt the agenda as amended, Steve co Main seconded the motion. Motion passed unanimously. IV. Approval of Minutes: AL Schantzen made a motion to approve the minutes, M Steve Rigsbee seconded the motion. Motion passed unanimously. o V. Community / Business - Presentations y a. Bayshore Wine Venue- Bob Mulhere, President/CEO of Hole Montes gave a presentation on the new development from Rebecca Maddox on Bayshore Drive across from Celebration Food Truck Park. This venue will be a gourmet retail wine market; open to the public, with a private membership club for wine v aficionados with temperature -controlled wine vaults, and a world class celebrity chef inspired kitchen. They will be seeking an Alcohol Distance a Waiver due to Celebration Park being within 500 ft. of their new project. E Applicants are trying to be sensitive in the timing of the project because the County is requiring a left turn lane that would remove a large part of the a existing median. The applicant understands the CRA is preparing an access management plan for Bayshore that may include a roundabout in this area. The developer wants to work with the CRA and the Bayshore Beautification MSTU to consider installing a roundabout instead of the required turn lane, if 2 that is the direction of the Board and the access management plan is approved a by the County Transportation Department. This option is being discussed now to avoid doing work to the intersection only to end up re -working based on the Bayshore Beautification MSTU direction. Steve Rigsbee had some concerns with having an additional roundabout so close to US41 and it might be an issue with the traffic flow in general. Mr. Mulhere said this is only a preliminary drawing and is not a done deal. Maurice Gutierrez asked if the vacant lot next Packet Pg. 327 9.A.3.e Bayshore Gateway Triangle CRA .Bayshore Beautification MSTU Haldeman Creek MSTU to this proposed project had a shared access into the development, Mr. Mulhere said yes, they will have a shared access into the development. Karen Beatty wanted to express her support for anything that helps slow the traffic down. Al Schantzen asked about the project holding events as there is residential behind the new project. Mr. Schantzen asks the applicants to be sensitive about the noise to prevent disrupting the neighboring properties and Mr. Mulhere answered they will adhere to the noise ordinance the same as they do now with their other projects. Mr. Schantzen also asked if they felt they had enough parking to be able to accommodate the project, Mr. Mulhere stated they have slightly more spaces than required and they have the parking lot across the street at the Food Truck Park. Mr. Mulhere stated they would be back when there is additional information to share and go over with both Boards. VI. Old Business: a. Camden Landings- Debrah Forester, CRA Director, gave a brief description of the development and noted that CRA staff will also provide a review of the project after the presentation. Wayne Arnold, Grady Minor Planning Director, was in attendance along with Michael King, Greg Waterbury and Rich Yovanovich. Mr. Arnold provided a brief summary about the project: The project was previously approved for 108 units with an affordable housing component and they are requesting an amendment to the PUD for 127 for sale market rate condos which includes the bonus density units that the M comprehensive plan allows to incentivize developers. They will be asking for o 2 minor deviations: one is for the open space requirement, since they will be N giving a portion of the property away to Collier County for the Thomasson Drive improvement project they will be needing a smaller area for the open space requirement; the second deviation is for a reduction in required amenity center parking spaces. The applicants are requesting 4 stories above parking v with a maximum height of 7111. The landscaping will be in the front of Bayshore Drive and Thomasson Drive, and the access will be on Thomasson Drive, a) Al Schantzen asked who gives density bonus units and what will the developer give for those. Ms. Summers indicated the development is allowed the bonus density units and nothing is required to be given at this time. Ms. Forester did state they had a meeting with the developer and asked for some contribution and Ms. Summers' presentation will address that question. Ms. Summers provided a brief summary of the discussions with the developer. She mentioned that an existing developer commitment was to provide an easement to the county and that commitment will remain. An additional developer commitment requires a 113 cost share of the Thomasson Drive project which equates to about $160,000. CRA Staff also asked for monetary contributions for the bonus density pool units, consistent with proposed Packet Pg. 3 8771 9.A.3.e Bayshore Gateway Triangle CRA *Bayshore Beautification MST U Haldeman Creek MSTU regulatory changes, which equated to 13% of their total engineers' opinion of probable cost, the contribution would be allocated to future capital projects and to the future public art fund. Ms. Summers provided architectural renderings of similar developments for a comparison to the proposed height of the Camden Landing buildings and compared the proposed height to developments in the surrounding area. Donna Fiala mentioned how this project came to be within the Bayshore District and how the developer met with her and the CRA staff. The developer attended the CRA Board meeting and stated they were not interested in affordable housing and they were very interested in building a for sale product for teachers, police officers and firemen. They wanted to use the amenities in the area instead of building amenities onsite, they were very interested in selling to younger families. Ms. Forester asked to see if the CRA Board wanted to support the project as o proposed or support it with comments or conditions. Rich Yovanovich wanted 04 to briefly provide the history of the affordable housing component and how a- long they have been trying to get that component off the property with the CRA 00 Advisory Board's full support to remove the affordable component and have a v for -sale product. The applicants recently received direction by the BCC to proceed to public hearing with the market rate condos, with price points M between $300,000 to $700,000, which is a high risk to bring these price points o in this area. Mr. Yovanovich wanted to clarify that the developer will not agree N to all the monetary requests by the CRA Staff and wanted the Advisory Board know that before they vote on the project tonight and hope that they do not follow staffs direction in regards to the request. a Karen Beatty asked how they will determine their market rate price and what are they comparing their prices to? Mr. Yovanovich said they are setting the market they are not comparing it with anything in the area. Ms. Beatty asked E what the rental policies will be in regard to how many times they can rent in a year. However, Mr. Yovanovich said they have not given much thought to 2 what the HOA's policy would be. Mr. Gutierrez asked if there was a way to a have the buildings closest to Bayshore Drive have a step back from the height, but Mr. Yovanovich said they would not be able to bring down any building E heights. However, they believe with all the enhanced landscaping that it will buffer the size of the buildings to not overwhelm the pedestrians on the street. 2 Commissioner Taylor wanted to clarify that the BCC told the developer to go ahead with the rezone application but at no time did the BCC say the money owed for the affordable housing component was waived. Mr. Sherman asked if some of the buildings could be smaller. Mr. Yovanovich said that it will be visually attractive to the community and they do not have room to change any Packet Pg. 3 9771 9.A.3.e VIP" . Bayshore Gateway Triangle CRA .Bayshore Beautification MSTU Haldeman Creels MSTU of the sizes or else this would not make financial sense for the developer to proceed with the project. Steve Main wanted to say 71 feet and 4 stories is really not that bad, this is a lot of risk and this corner has sat vacant and no one is willing to come in and invest. Maurice Gutierrez noted that there are not a lot of large vacant properties in the area so there are no worries that a lot of these projects will be corning in and overpowering the area. Ms. Forester asked Mr. Yovanovich to confirm that the 1/3 contribution to the improvements to Thomasson Drive and the enhanced landscaping would be part of the PUD. Mr. Yovanovich confirmed both would be included. Steve Main made a motion to approve the project with a stipulation that it will not cc exceed the height of 71 ft., Maurice Gutierrez second the motion. Motion v passed 5-2 M b. Best Popcorn Company- Ellen Summers provided a Grant Extension request o and a waiver on the required construction start date, as the applicants made a Q good faith effort to move the project along. Karen Beatty made a motion to 0 approve, seconded by Steve Main. Motion passed unanimously. a c. Regulatory Changes- Ms. Forester reminded the Advisory Board about the CRA special meeting on November 12th to discuss proposed regulatory o changes. She mentioned that comments received from the October 29th property owners meeting will be included in the agenda materials for their c review. Steve Main stated he would not be a the November 12 meeting but M wanted to recommend that staff mention all the uses that are permitted along with the few items tha they cannot do, so the property owners don't get as upset N as they did in the first meeting. He also wanted staff to make the regulatory changes not as restrictive because if the owners want to improve their property under the new rules, it would make it impossible to continue the business and a he felt the changes discourage from improving the properties in the Triangle. U d. CRA Parking Lot- Tami Scott gave a brief summary of the project and named o the selected contractor: Fort Construction. The project is expected to be completed and operational by next season. °' E e. Sabal Bay PUD- Ellen Summers presented the 2 stipulations that County Transportation Staff proposed: the first stipulation related to traffic calming, to expire the earlier of: 2 years after buildout of Tract R9 or turnover to the a HOA; the second stipulation related to Tract R9 being included within the Bayshore Beautification Municipal Service Taxing Unit (MSTU), also to E expire 2 years after buildout of Tract R9. Staff recommends the Advisory Board make a recommendation on both of those stipulations or they could a just leave them as written. After much discussion the motion was made by Maurice Gutierrez that they could support this project if they could amend those stipulations to leave the Tract R9 in the MSTU boundary in perpetuity and remove any expirations that were written in stipulations 1 and 2. Steve Main seconded the motion. Motion passed unanimously. Packet Pg. 330 9.A.3.e VII. Vill. Bayshore Gateway Triangle CRA .Bayshore Bealitification MSTU Haldeman Creek MSTU f. Stormwater Update — Ms. Forester reviewed the areas of concern and priorities identified by the Stormwater Subcommittee. Areas identified include Becca, Pine and Weeks; Gateway Triangle was divided into four quadrants: Quadrant 4 was the top priority. Staff would coordinate with Stormwater Department to hire a consultant to start the design process and move along with the project. Funds are available in the Capital Project Fund. Maurice Gutierrez made a motion to approve the next phases for the stormwater projects, seconded by Karen Beatty. Motion passed unanimously. New Business - a. New 2021 Calendar and Joint Workshop —Karen Beatty made a motion to r approve the 2021 calendar and Joint Workshop with the Bayshore o Beautification MSTU, Steve Main seconded the motion. Motion passed unanimously. N Staff Report• a- a a. CRA Directors Report: Ms. Forester highlighted some of the projects CO within the area. The Mini -Triangle is scheduled to close on November 12; CO Del's Acquisition is scheduled to close on November 201h and tenants will receive a notice to vacate within 60 days of closing. The Public Arts Plan N will be on the BCC agenda on January 26th. Staff is getting the coasters and o posters printed and will distribute to the restaurants and businesses along Bayshore Drive later in the month in order to get feedback from the community on whether a shuttle service would be warranted on Bayshore drive. Al Schantzen asked if there are monitoring wells needed on Del's property and Ms. Forester stated the findings were very minimal and no wells are needed. b. Project Manager Report: Tami Scott highlighted a few of the projects on o her report: c aD • Fire Suppression Phase TH. The bids have been completed and the E contractor - Andrew Site Work was the lowest bidder. This will go before the Board on 11/10, this project is another partnership with the a City of Naples and needs to be completed by April 30, 2021. • Thomasson Drive - The project is on schedule and she provided updates E on the entire schedule to date. This project was broken down into 3 phases and they are finishing up phase 2. The roundabout should start in January 2021 and final completion by March. a • The Bridge area continues to have small improvements implemented to refresh the area in the short-term. Christmas decorations will be installed in November with a live bromeliad Christmas tree. c. Private Development Update- Ellen Summers, provided updates on the new developments submitted into the County. Packet Pg. 331771 9.A.3.e Bayshore Gateway Triangle CRA •Baysbore Beatitification MSTU Haldeman Creek MSTU d. Maintenance Report: Ms. Forester provided the current maintenance report. She mentioned staff will have a new contract with a vendor to complete small projects if needed and a vendor to conduct paver repairs if needed. e. Financial Report: Ms. Forester provided the current financial report. IX. Other A enc 's: a. Collier County Code Enforcement: Mr. Johnson noted his report included in the agenda packet and asked if anyone had any questions? Steve Rigsbee wanted to thank Code Enforcement for keeping the graffiti off of the Hookah Lounge and asked about the tree hanging on the electric pole that is leaning and unsafe. Al Schantzen thanked John Johnson for addressing the property on Republic and the illegal clearing that was done but his concerns is the drainage behind the property due to the silt flowing into the drainage now that the whole property is cleared there is no filter to catch all the silt. Maurice Gutierrez asked about the boat yard. Mr. Johnson stated he had addressed the issue with Mr. Oreek, the owner, and he should no longer being using the lot to store cranes and other equipment. He will monitor to make sure they stay in compliance. Ms. Beatty asked about the vacant lot on Coco that was cleared is starting to grow back and Mr. Johnson said he would contact the owner in Germany to clean up and mow. b. Collier County Sheriffs Office: No Representative attended. X. Communications and Correspondence: Triangle Development Article - attachment was provided if anyone had any questions. XI. Public Comments: None XIL Staff Comments: Ms. Forester informed the Board of the dedication ceremony for Donna Fiala Eagle Lakes Community Center if anyone was interested in attending. XIII. Advisory Board General Communications: Ms. Beatty asked for a crime report status like we used to get before in the past from the Sheriff's Office, Ms. Forester said she would check into getting the status report. XIV. Next Meeting Date: a. December 1, 2020 @ 6pm XV. Adjournment— The meeting adjourned at 8:25 p.m. y - _ 11ai man Maurice Gutierrez O N M O r a� c 2 a U Packet Pg. 332 9.A.3.f Camden Landing RPUDA (PL20190001364) Application and Supporting Documents January 21, 2021 CCPC Hearing w GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.c( Packet Pg. 333 GradyMinor 9.A.3.f Civil Engineers • Land Surveyors • Planners • Landscape Architects October 7, 2019 Mr. Gilbert Martinez, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing, Meridian Landing RPUD — PL20190001364, Submittal 1 Dear Mr. Martinez: A Collier County application for Public Hearing for a Planned Unit Development (PUD) Rezone for properties located at the northeast quadrant of Thomasson Drive and Bayshore Drive is being filed electronically for review. This application proposes to amend the 9.93+/- acre Cirrus Point RPUD to construct a maximum of 127 multi -family dwelling units. A companion Growth Management Plan Amendment (PL20190001387) will be filed simultaneously to address density requirements for the property. The PUD name is proposed to be changed to Meridian Landing RPUD and the PUD document has been updated to the latest format for PUD's. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. City of Naples Utility Letter of Availability 5. Pre -application meeting notes 6. Affidavit of Authorization 7. Property Ownership Disclosure Form 8. Covenant of Unified Control 9. Addressing Checklist 10. Warranty Deed(s) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph.239-947-1144 Fax.239-947-0375 EB 0005151 LB 0005151 LC 26000266 www.gradyminor.com Packet Pg. 334 9.A.3.f Mr. Gilbert Martinez, AICP RE: Collier County Application for Public Hearing, Meridian Landing RPUD — PL20190001364, Submittal 1 October 7, 2019 Page 2 of 2 11. Aerial Location Map 12. Utility Dedication Statement 13. Environmental Data 14. Traffic Impact Statement 15. School Concurrency Analysis 16. Deviation Justification 17. Original PUD Document 18. Revised PUD Document (Strikethrough/underline) 19. Ordinance 08-38 Bonus Density Agreement Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: KHD Development General Partnership Richard D. Yovanovich GradyMinor File Packet Pg. 335 CoAr County 9.A.3.f 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 of 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. APPLICANT CONTACT INFORMATION Name of Property Owner(s): KHD Development General Partnership Name of Applicant if different than owner: Address: PO Box 110062 City: Naples Telephone: 239-825-7279 Cell: State: FL ZIP: 34108 E-Mail Address: 9wardeberg@headwaters-development.com Fax: Name of Agent: D. Wayne Arnold, AICP / Richard D. Yovanovich, Esq. Firm: Q. Grady Minor & Associates, P.A / Coleman, Yovanovich & Koester, P.A. Address: 3800 Via Del Rey / 4001 TamiamCity: State:FL ZIP: i Trail North, Suite 300 Bonita Springs / Naples 34134 / 34103 Telephone: 947-1144 / 435-3535 Cell: Fax: E-Mail Address: warnold@gradyminor.com / ryovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. February 1, 2019 Page 1 of 11 Packet Pg. 336 9.A.3.f CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: Cirrus Pointe RPUD (BMUD) Zoning district(s) to the Camden Landing RPUD zoning district(s). Present Use of the Property: Undeveloped residential Proposed Use (or range of uses) of the property: Multi -family dwelling units Original PUD Name: Cirrus Pointe RPUD Ordinance No.: 05-63 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 /5�25 Lot: 103 Block: NA Subdivision: Naples Groves & Truck Company's Little Farms No. 2 Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, Plat Book 1, at Page 27-A Metes &Bounds Description: Plat Book: 1 Size of Property: Page #: 27-A Property I.D. Number: 61840560008 ft. x ft. = Total Sq. Ft. Acres: 9•93+/- Address/ General Location of Subject Property: 2801 Thomasson Drive, Northeast quadrant of Bayshore Dr. and Thomasson Dr. PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑■ Residential ❑Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial February 1, 2019 Page 2 of 11 Packet Pg. 337 Coder County 9.A.3.f 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 Pinebrook Lake PUD Multi -family residential S C-5 (BMUD-NC) and RMF-6 (BMUD-R2) Convenience store and vacant and developed residential E RMF-6 (BMUD-R2) Residential W Mattamy Homes RPUD (BMUD-NC) 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: N�NAN.A Lot: N.A Block: N.A Subdivision: N.A Plat Book: N.A Page #: N.A Property I.D. Number: N.A Metes & Bounds Description: N.A 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/]ndex.aspx?page=774. Name of Homeowner Association: Abaco Bay Condominium Association, Inc. Mailing Address: 8825 Tamiami Trail East City: Naples State: FL Zip: 34113 Name of Homeowner Association: Botanical Place Condominium Association, Inc. Mailing Address: 2335 Tamiami Trail N., #402 City: Naples State: FL Zip: 34103 Name of Homeowner Association: M Mailing Address: City: State: ZIP: Q r c a� Name of Homeowner Association: E Mailing Address: City: State: ZIP: a a Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 Packet Pg. 338 9.A.3.f Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA 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. February 1, 2019 Page 4 of 11 Packet Pg. 339 9.A.3.f CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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 OF 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. February 1, 2019 Page 5 of 11 Packet Pg. 340 9.A.3.f CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name ofApplicant(s): KHD Development General Partnership Address: PO Box 110062 city: Naples State: FL Telephone: 239-825-7279 Cell: Fax: E-Mail Address: 9wardeberg@headwaters-development.com Address of Subject Property (If available): 2801 Thomasson Drive city: Naples State: FL ZIP: 34112 ROPERTY INFORMATION ZIP: 34108 25 Section/Township/Range:14 50 f_y � Lot: 103 Block: N.A. Subdivision: Naples Groves & Truck Company's Little Farms No. 2 Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, Plat Book 1, at Page 27-A Metes &Bounds Description: Plat Book: 1 Page #: 27-A Property I.D. Number: 61840560008 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System ❑ b. City Utility System x❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 127 MF dwelling units Peak and Average Daily Demands: A. Water -Peak: 60,008 GPD Average Daily: 44,450 GPD B. Sewer -Peak: 42,863 GPD Average Daily: 31,750 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: N.A. February 1, 2019 Page 6 of 11 Packet Pg. 341 9.A.3.f Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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. See Utility Dedication Statement document included with Submittal #1 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. February 1, 2019 Page 7 of 11 Packet Pg. 342 Co*er Count y 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Property I.D. Number 61840560008 2801 Thomasson Drive (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant 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 delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute 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 issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this who is personally known to me or has produced Owner Printed Name day of 201_ by as identification. Notary Public (Name typed, printed or stamped) February 1, 2019 Page 8 of 11 Packet Pg. 343 CoAr County 9.A.3.f 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.colliercountvfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED 01 REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 0 ❑ 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 0 ❑ List Identifying Owner and all parties of corporation 1 ❑ 0 Signed and sealed Boundary Survey 1 ❑ El Architectural Rendering of proposed structures 1 ❑ X❑ 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 x❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 0 ❑ 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. ❑ ❑ 0 Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 0 ❑ School Impact Analysis Application, if applicable 1 0 ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ x❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 Packet Pg. 344 CoAr County 9.A.3.f 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 ❑ 0 ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 0 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *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 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: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION 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 PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 <X> 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 X Transportation Review Fees: X Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Packet Pg. 345 Co*er County 9.A.3.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 not listed, but 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 5' and subsequent re -submittal will be accessed at 20% of the original fee. '-E)- 6-�- 01 /20/2020 Signature of Petitioner or Agent D. Wayne Arnold, AICP Printed named of signing party Date February 1, 2019 Page 11 of 11 Packet Pg. 346 9.A.3.f Camden Landing RPUD (PL20190001364) Evaluation Criteria 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. 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. The Camden Landing Residential Planned Unit Development (RPUD) is a 9.93± acre property located on the northeast corner of the intersection Thomasson Drive and Bayshore Drive and zoned PUD (BMUD-R2). This amendment proposes up to 127 market -rate multifamily residential dwelling units. A companion Growth Management Plan Amendment has been submitted which proposes to amend the FLUE Bayshore/Gateway Triangle Redevelopment Overlay in order to provide for development of the site with market rate housing at a density of 12.8 du/ac through use of base density and bonus pool units. 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 Camden Landing is an undeveloped residential PUD, which has been previously approved for 108 units by utilizing an affordable housing bonus density agreement. The proposed revised PUD provides preserves, buffers and development standards, which are suitable for the site. Infrastructure is in place to serve the existing and proposed uses. The applicant is working with Collier County to provide ROW necessary for Thomasson Drive improvements, which have been designed and approved by the CRA. 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 countyattorney. The applicant controls all 9.93± acres of land included in the PUD. 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.) May 13, 2020 W GradyMinor Page 1 of 7 MLPA-19 Evaluation Criteria-rev2.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 347 9.A.3.f Camden Landing RPUD (PL20190001364) Evaluation Criteria The Camden Landing RPUD is located in the Urban Designation, Mixed Use District, Urban Coastal Fringe Subdistrict, Bayshore/Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the Collier County Growth Management Plan. The list of permitted uses within the PUD is being modified to eliminate the affordable housing bonus unit agreement and proposes market -rate residential dwelling units consistent with the companion small-scale plan amendment, along with appropriate development standards. Uses are consistent with the Collier County Growth Management Plan. FUTURE LAND USE ELEMENT The project is located within the Bayshore/Gateway Triangle Redevelopment Overlay (BGTRO). The PUD rezone is accompanied with a small-scale comprehensive plan amendment, which proposes to permit a maximum of 127 multifamily residential dwelling units on 9.93± acres. The property plans to utilize up to 97 units from the density pool, in addition to the base density of 3 dwelling units per acre. The density calculations are as follows: BGTRO (base density) 9.93 ac x 3 du/ac = 30 units Bonus Pool Units 97 units Total 127 units The PUD as proposed is consistent with the Future Land Use Element as revised by the companion small scale GMP amendment. Policy 5.5 of the FLUE discourages urban sprawl, by confining urban levels of development to the urban designated areas of the County. The subject site is within the urban boundary and is an infill property. Urban services are available to the site and adequate capacities exist for water, sewer and transportation. Policy 5.6 of the FLUE requires that new projects are compatible with and complimentary to surrounding land uses. The proposed residential development is compatible with nearby commercial and multifamily residential dwellings nearby. The conceptual PUD master plan has been designed to insure compatibility with the residential communities located to the north and east of this project. The PUD will provide buffers meeting the minimum landscape buffer requirements between residential dwellings as required by the Land Development Code, which have been determined to provide a compatible relationship with adjacent projects. Appropriate development standards have been included in the PUD. May 13, 2020 W GradyMinor Page 2 of 7 MLPA-19 Evaluation Criteria-rev2.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 348 9.A.3.f Camden Landing RPUD (PL20190001364) Evaluation Criteria Objective 7 and the implementing objectives and policies of the FLUE promote smart growth initiatives and connectivity. The subject PUD application will be a residential planned community. The project has existing County roadways to the south and west. To the north is an existing Abaco Bay residential rental apartment complex. To the east is a Collier County drainage easement. Due to the physical constraints to the west, south and east, no interconnections are possible in these areas. There is no opportunity to interconnect to the apartment complex to the north given their existing site improvements and the Camden Landing preserve area that will be provided along the interface of the two properties. Further, there is an existing sidewalk on Bayshore Drive and Thomasson Drive which will provide pedestrian connectivity to other nearby properties in the vicinity of the project. The site is within the City of Naples Water District and the Collier County Sewer District and the development proposed will be served by the City of Naples and Collier County. There is potable water and wastewater capacity available to serve the project. Therefore, the project is consistent with the Sanitary Sewer and Potable Water Elements of the Growth Management Plan. Conservation and Coastal Management Element (CCM Policy 6.1.1 requires projects to retain a portion of on -site native vegetation. For residential projects greater than 2.5 acres located within the Coastal High Hazard Area (CHHA), 25% of the existing native vegetation is to be retained or mitigated through off -site preservation or payment in lieu of. The native vegetation requirement was established by Ordinance 05-063 and was calculated as 25% of 7.25 acres which is 1.81 acres. The PUD identifies a preservation area meeting the minimum of 1.81 acres of retained native vegetation. CCME Policy 12.1.2 requires land use plan amendments in the Category 1 hurricane vulnerability zone to provide appropriate mitigation to reduce impacts of hurricane evacuation times. A portion of the subject property is located within the Category 1 storm surge area as determined by the Hurricane Evacuation Study prepared by the Southwest Florida Regional Planning Council. The applicant will coordinate with the County's Emergency Management staff to determine appropriate mitigation. For similar small-scale amendments, mitigation has typically been payment toward additional emergency cots, generators, etc., which the applicant is willing to do. CCME Policy 12.2.6 indicates that the County shall require all new sanitary sewer facilities located in the Coastal High Hazard Area be flood -proofed and designed to reduce leakage to the extent practical. The applicant will coordinate with Public Utilities staff to determine May 13, 2020 W GradyMinor Page 3 of 7 MLPA-19 Evaluation Criteria-rev2.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 349 9.A.3.f Camden Landing RPUD (PL2O19OOO1364) Evaluation Criteria whether new sanitary sewer facilities will be required to serve this PUD, and appropriate flood proofing applicable for those facilities. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The RPUD, as proposed, is consistent with the companion small-scale plan amendment, which proposes to permit up to 127 market -rate multifamily residential dwelling units on the property. 2. The existing land use pattern. The subject property is located at the intersection of two Collier County collector roadways. The properties located to the east, west and north are zoned for multifamily residential development. Properties to the south are zoned commercial. Buffers are proposed consistent with the LDC to insure compatibility of uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Rezoning the existing RPUD to RPUD does not result in creation of an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries are not illogically drawn and comprise all of the property under the unified control of the applicant. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The property is currently zoned Cirrus Pointe RPUD, which does not permit the proposed market rate residential project at the density necessary to achieve an economically viable May 13, 2020 W GradyMinor Page 4 of 7 MLPA-19 Evaluation Criteria-rev2.docx Civil Engincers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyniinor.co Packet Pg. 350 9.A.3.f Camden Landing RPUD (PL20190001364) Evaluation Criteria project at market rate prices. The PUD amendment is necessary to add the residential development option. 6. Whether the proposed change will adversely influence living conditions in the neighborhood The RPUD document includes development standards to ensure that it is compatible with the immediately surrounding properties. The RPUD master plan identifies appropriate buffers and open spaces, which will further insure that the development of the 127 residences will have no adverse impacts to the neighborhood. Access to the project will be from Thomasson Drive. 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. A traffic impact analysis has been submitted in support of the proposed PUD amendment. No level of service issues have been identified. The character of traffic will not be discernably different than that historically permitted for the subject property. The applicant is also working with Collier County to assist in providing the ROW on Thomasson Drive necessary to allow the CRA to construct the roundabout approved by the BCC and CRA Advisory Board. 8. Whether the proposed change will create a drainage problem. The project will be required to obtain an Environmental Resource Permit (ERP) through the South Florida Water Management District. The ERP review evaluates historic surface water flows and controls the off -site discharge of stormwater from the site. The project will have internal water management facilities including detention areas to control the drainage for the project. No drainage issues will result from this project. The Project is an infill project located in the Bayshore Gateway Redevelopment Area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the proposed building setbacks, and buffering, there will be no reduction in light or air for adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. The RPUD rezone proposes to establish a market rate residential development in lieu of the previously approved affordable housing project. The uses are controlled by development May 13, 2020 © Gradyivlinor Page 5 of 7 MLPA-19 Evaluation Criteria-rev2.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 351 9.A.3.f Camden Landing RPUD (PL20190001364) Evaluation Criteria standards in the RPUD document, which provide setbacks from adjacent properties. Market - rate multifamily development subject to the RPUD standards will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. A PUD permitting multifamily dwelling exists today. The small increase of 19 units in the permitted number of dwelling units will not deter improvement to nearby existing properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The RPUD rezone is a companion to a small-scale growth management plan amendment. This process does not grant a special privilege to a property owner and the process is consistent with the process outlined in Chapter 163, F.S. for amendments to growth management plan. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning requires development of affordable housing units on the parcel. The CRA has expressed a desire to establish a greater number of market rate dwellings in the area of this project. The proposed PUD will permit only for sale multifamily dwelling units. The PUD must be amended in order to permit the market rate for sale product. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed RPUD amendment is in scale with the needs of the neighborhood and Collier County. The County has a demand for more market rate multifamily dwelling units. The central location and proximity to the Collier County government complex, nearby parks and schools make this an ideal location for additional dwelling units. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the county for residential uses; however, this site has existing infrastructure including roads, water, and sewer available to serve the project, and represents infill development, which is encouraged. The applicant has analyzed the residential market as part of their overall market analysis and concludes that there is demand for the proposed market -rate for sale residential dwellings. May 13, 2020 © GradyMinor Page 6 of 7 MLPA-19 Evaluation Criteria-rev2.docx Chill Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyrninor.co Packet Pg. 352 9.A.3.f Camden Landing RPUD (PL20190001364) Evaluation Criteria 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The subject property is undeveloped and will require site improvements similar to that required under the existing PUD zoning. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 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. The project is consistent with the proposed small-scale Growth Management Plan and it is compatible with surrounding development. May 13, 2020 M GradyMinor Page 7 of 7 MLPA-19 Evaluation Criteria-rev2.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.co Packet Pg. 353 9.A.3.f Sharon Umpenhour From: Denise M. King <dmking@naplesgov.com> Sent: Monday, July 15, 2019 8:32 AM To: Sharon Umpenhour Subject: RE: Meridian Landing RPUD - 2801 Thomasson - Ltr of Availability Attachments: Ltr Availability - 2801 Thomasson.pdf Good morning; Please note, the proposed improvements must be submitted to the City of Naples Utilities Department for review and approval (water only), concurrently with County development permitting. See attached letter of availability per your request. Please feel free to contact me with any questions. Thank you, Denise King Utility Permits Coordinator �:— Utilities Department 295 Riverside Circle — Naples FL 34102 ""'• �* dmking@naplesgov.com .ter/ PHONE:239-213-5051 FAX:239-213-5010 From: Sharon Umpenhour <SUmpenhour@gradyminor.com> Sent: Friday, July 12, 2019 10:24 AM To: Denise M. King <dmking@naplesgov.com> Subject: Meridian Landing RPUD CAUTION: This email originated from outside of the City of Naples e-mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Denise, Please provide us with a Letter of Availability of potable water for the below project: Proposed 127 MF dwelling units 2801 Thomasson Drive Folio No. 61840560008 Packet Pg. 354 9.A.3.f Please let us know if you need any additional information. Regards, Sharon Umpenhour Senior Planning Technician radyMi or Q. Grady Minor and Associates, P.A. J 3800 Via Del Rey Bonita Springs, FL 34134 E Phone - 239.947.1144 v Fax - 239.947.0375 w Email - Uumpenhour@gradyminor.com Web - http://www.gradyminor.com E E t �a r r Q DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named above and may C contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file/data is for 4) informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified 'plan of record" along with actual project site conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages V caused by receiving this email.CU CU Q Packet Pg. 355 CoWer County 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PL1 1) k Date and Time: Wednesday 6/19/19 1 : 30-GMPA, 2 : 30 P Assigned Planner: Gil Martinez Engineering Manager (for PPL's and FP's): Project Information Project Name: Meridian Landings .iP� Pot) PL#: 20190001364 Property ID #: 61840560008 Current Zoning: RPUD-BMUD-R2 Project Address:2801 ThomassonDCity: Naples State: FL Zip: 34112 Applicant: Sharon Umpenhour 0,WAyivE 4/LNO4j31AXA Agent Name: Q.Grady Minor&Associates Pghone: 239-947-1144 oAgent/Firm Address: 3800 Via Del Rey City nita Spri#se: FL ZIp34134 Property Owner: KHD Development Gen Ptnrship Please provide the following, if applicable: i. Total Acreage: 9.95 ii. Proposed # of Residential Units: 12 7 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: _ vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 6/12/2019 Page I 1 of 5 Packet Pg. 356 9.A.3.f Cofer 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. L/g�L^ i3`i� —il�7 o,-/ -RA iI c— Vi. rlc,i 17 L - W cu/0. >e T'D f 2oV2 L=- A N U ` - el F ,4 Z ti' -I hLl AM- 12.OLJ. AL c r/�Z&-IL� 3? -/ tE (mac-77 0NS OF cx t5T7N G .1_ 0- 1-1&J 41)F0/Z1C'6 MAW-s -PAY MA(ZK.e--r- PI cct� FcA, Ac-cqu c.st - t vN . C �4 A �.�r- / c=A SE(�-c� CZ F C AAA) C4' - OF AAI/ > - L) t>(� /)OT- L . A-i cA ram- ANY r -1 T N CIO 1--11NL t T-/" ( A) If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(aDnaplesgov.com Allyson Holland AMHollandla.naplesgov.com Robin Singer RSinger(a0aplesgov.com Erica Martin emartinnaplesgov.com 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 6/12/2019 Page 1 ;2'of 5 Packet Pg. 357 9.A.3.f Co er 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. 6� SPec OF 2.s31c (i��,.��:yt� iv,,r e�iE��1- aP�tce� NN E&E Wl 1 .JF--� PlEASE Address c01VIP114tvcE WJk C'c OE Goes 6 08 rl. Pi60►dE Ikki 6J +o � kl2W 2re SErv£S ofJ Ad )Ace,Jf PrOPer41F-5 . E_ TO8E D FAErr-*4 Pa94 Qrzy►EvJ a-, L 4:17? c:h eil i If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletonanaplesoov.com Allyson Holland AMHolland()naplesaov.com Robin Singer RSin er naplesgov.com Erica Martin emartin .naplesoov.com 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 6/12/2019 JB . Page 1 ,Yof 5 Packet Pg. 358 ClarkeThomas 9.A.3.f From: MartinezGilbert Sent: Tuesday, June 18, 2019 8:50 AM To: ClarkeThomas Subject: FW: Pre-App PL20190001364 Meridian Landings (PUDA) Tom, Please remind me to place this email as part of the Pre-App comments. Thank You Gil Martinez Principal Planner 239-252-4211 Collier County Growth Management Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 Horseshoe Dr. N Naples, FL 34104 Phone:239-252-4211 From: OrthRichard Sent: Tuesday, June 18, 2019 8:45 AM To: MartinezGilbert <Gilbert.Martinez@colliercountyfl.gov> Subject: Pre-App PL20190001364 Meridian Landings (PUDA) �n DeA (` i CkA s o 2:r� Si D:2�uWA-TV — IL4 &T-. Gilbert I will not be attending this pre -application meeting as it is related to an increase in residential density in a CHHA. Impacts to stormwater were addressed in the previous PUD and is not anticipated with their density increase request. Stormwater comments would be: Please contact Richard Orth (239-252-5092) with any stormwater questions. Rick Orth Richard Orth, P.G., Sr. Environmental Specialist Collier County Growth Management Department Capital Project and Impact Fees Program Management Stormwater Management Section 2685 South Horseshoe Drive, Ste 103, Naples, FL 34104 Office 239-252-5092, Cellular 239-634-9024 RichardOrth@CollierGov.Net Q Q Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public, records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. i Packet Pg. 359 9.A.3.f Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. �2 WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of G Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with a 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. Please include a revision dates on resubmittals. J _ 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the d £ 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 m (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 c on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least CR 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality N wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order a approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be mm reviewed and accepted by County staff, consistent with State regulation. 00 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis T " of potential water quality impacts of the project by evaluating water quality loadings expected from the project d (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 2 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. 0 Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been m = met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, c� J _ 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. Provide when treated stormwater is being directed into preserves (#5 above). v w 07 Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological m communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or E 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 a 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 E or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. 0 Additional survey time may be required if listed species are discovered a 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 Packet Pg. 360 9.A.3.f 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 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 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. 11. 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. oa Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. Demonstrate on map. b Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 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 Q Q Packet Pg. 361 9.A.3.f 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. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. p 18. 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. J 19. 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 E WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Indicate that the petition is incompliance U with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. to M Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat CS construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site r plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones N identified. a 00 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and 00 quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- m ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is Y consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. m 23. 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. J c 3The 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) v The following to be determined at preapplication meeting:UJ (Choose those that apply) E s a. Provide overall description of project with respect to environmental and water management issues. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the a GMP. c.c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and m LDC. s Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design Gd n um compensates for wetland impacts. Q DIndicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. 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) Packet Pg. 362 9.A.3.f 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. ll 26 Is EAC Review (by CCPC) required? TO& DC4 *1-vE4 F►ES� Pzv11r W PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in a 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 order to provide the required (insert Type B or C) a buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. c Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no 3 later than one year from the issuance of the first residential certificate of occupancy. d E Co U to M O O O Cn O N J IL ao w In T Packet Pg. 363 9.A.3.f Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding lJ 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 �4 Provide 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. Ld-e). Preserve Calculation - P547 5. 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 OPrinciple 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 8. 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 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 11 If 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. Packet Pg. 364 9.A.3.f (D�Site Plan note when Preserve acts as Landscape Buffer — COORDINATE WITH LANDSCAPE REVIEW. They will need to request this note be added if applicable. However, please verify the note is provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. 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. Do not include this as an Environmental Commitment. If Landscape Review wants to include as a commitment, it shall go into a Buffer section. 13. 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. 14. 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: Packet Pg. 365 Cofer County 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Comprehensive Planning: Meridian Landings PUDR (PL20190001364) is the companion to a Small -Scale Growth Management Plan Amendment (PL20190001387). The GMPA will add a new subdistrict to allow higher density residential market rate housing (127 DUs =10 DUs/A). No longer building affordable housing. The applicant is requesting to use 97 density pool units to reach this higher density. There are adequate density pool units to provide the 97. This Future Land Use Map designates this site as Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay and also within the Coastal High Hazard Area. _ Currently wooded — so not a redevelopment project Possibly need to work with Dan Summers for mitigation Issue with a grant given to previous developer and never repaid to County. County will send request to City of Naples for a letter of adequate supply concerning the water service and its impact. This PUDR cannot be approved until such time as the SSGMPA has been approved and must reference the Amendment's effective date. _ Please address FLUE Policies 5.6, and 7.1— 7.4 in the application. Other required documentation for submittal (not listed on application): 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 3A Page 1 3' of 5 Packet Pg. 366 Co er County 9.A.3.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes V. 4 k,u 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for submittal (not listed on application): - C S-0, ATT A, L ti .Q. b N o 1 E S 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 6/12/2019 33 Page I T of 5 Packet Pg. 367 9.A.3.f Transportation Planning and PUD Monitoring Pre-App Notes Developer 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." Use Codes Provide both ITE and SIC use codes in the TIS. 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." 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." Packet Pg. 368 - .� Co er County 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20190001364 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david.anthony@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard Craig Brown PUD Monitoring Environmental Specialist 252-5782 252-2548 laurie.beard @colIiercountyfLgov craig.brown @colliercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov Heidi Ashton Cicko Thomas Clarke Managing Asst. County Attorney Operations Coordinator 252-8773 252-2584 heidi.ashton@colliercountyfl.gov thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov 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 Impact Fee Administration 252-2924 paula.fleishman@colliercountyfl.gov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov El Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, 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@coiliercountyfLgov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Diane Lynch Q� Gil Martinez Operations Analyst Zoning Principal Planner 252-8243 252-4211 diane.lynch@colliercountyfl.gov 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 Updated 6/12/2019 Page 1 4 of 5 Packet Pg. 369 Co er County 9.A.3.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov Richard Orth Stormwater Planning 252-5092 1 rchard.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 ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 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 ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Camden Smith Zoning Operations Manager 252-1042 camden.smith@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 ❑ on Walsh, P.E. Building Review 252-2962 jonathan.walsh@coiliercountyfLgov David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Dan iel.Zunzunegui@col liercountyfLgov Li Additional Attendee Contact Information: Name Representing Phone Email o✓ 1"Y �/�00ld ,1 3i-153� 1 i` _` j(zn�;.�,t� i�r" t.a' .,.',a�.„� �' ,� �F�Viv1?rrttl�►G�°>�i.! WWI. TAM!, l Sep L C.� Updated 6/12/2019 Page 1 5 of 5 Packet Pg. 370 9.A.3.f Applicant/Agent may also send site �o i er e014"ty plans or conceptual plans for •� review in advance if desired. Growth Management Department Zoning Division PL20190001364 — Meridian Landings (P1LMYLP"btZ PRE-APP INFO o Assigned Clips Staff: Thomas Clarke a Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION _ • Name and Number of who submitted pre-app request _ m o Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor.com U • Agent to list for PL# D. Wayne Arnold, AICP, Q. Grady Minor & Associates, P.A. r O c Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. r O N J a - "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this 00 project. v 77 • Owner of property (all owners for all parcels) •L 61840560008 - KHD Development General Partnership m a • Confirm Purpose of Pre-App: (Rezone, etc.) a PUD--A-mendm,ent pit d Ta 1? 14 Ib 1Z, E2.orvE OIA O (2\ r, m • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that �a _ apply): J _ 127 Multi -family dwelling units a� E • Details about Project: R U PUD-A— is this a phased development and if so what schedule is being proposed? NO w Is the proposal for a specific Tract or addition of a Tract/Use? NO E t REQUIRED Supplemental Information provided by: f° Sharon Umpenhour Q Senior Planning Technician m sumpenhour@gradyminor.com E 239-947-1144 L) w r Q Cancellation/Reschedule Requests: Contact Danny Condomina -Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information ®r, Zoning Division • 2800 North Horseshoe Drive - Naples, Florida 34104.239-252-2400 • wwwcolliergov.net Packet Pg. 371 Meridian Landing RPUD Location Map " BOTANICAL PLACE CIR , w.+W 0 ,h i „ -^ ) O M pip +f ry � �wn�aaavn vim t 7 fie. ft Cottage Grove AVE" L�J, Sk a r p yg, b:. .41 s Source: EsrlijV,a,Gioue, 5 W,' Y, © GradyNlinor Civil Engineers • Land Surveyors • Planners • Landscape Architects 340 170 0 340 Feet Packet Pg. 372 9.A.3.f Co*-r 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 NO REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 [A ❑ Affidavit of Authorization, signed and notarized 1 1 Property Ownership Disclosure Form 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 Q ❑ Architectural Rendering of proposed structures 1 ❑ ❑ 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 of previous surveys. 1 ®- El 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) ❑ rl;�;t ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 Packet Pg. 373 9.A.3.f Costlier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-63S8 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 ❑ 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: ❑ 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 ❑ 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 (Director) ® Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director Other: D%1..F_ ctz City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 P1+6) ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre V PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 Jj Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 N/#E] Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Packet Pg. 374 9.A.3.f Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net S Legal Advertising Fees: CCPC: $1,125.00 BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ❑ 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 not listed, but 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 51h and subsequent re -submittal will be accessed at 2O% of the original fee. Signature of Petitioner or Agent Printed named of signing party February 1, 2019 Date Page 11 of 11 Packet Pg. 375 9.A.3.f PUD APPLICATION TYPES PUD APPLICATION X L TI / T FEE TYPE. NAME PDI PUD Amendment, LDC Section 10.02.13.E (Adm. Code Ch. 3.G.3) $1,500.00 Insubstantial provides the criteria for determining if a proposed change to an approved PUD Master Plan (or minor text (Approved by HEX change) is insubstantial or substantial. A substantial Determination) change requires approval by the BCC via the PUDA process while an insubstantial change only requires HEX approval. (Processing time: 20 BD; 4 months) PMC Minor Change to an LDC Section 10.02.13.E.8 (Adm. Code Ch. 3.G.4) allows $1,000.00 approved PUD minor changes to the PUD Master Plan during its SDP or Master Plan and/or platting process to accommodate topography, vegetation minor text changes and other site conditions not identified at the time of zoning and when said changes are compatible and have (Administrative no external impacts. This process can be used to approval) remove the Affordable Housing Contribution Commitments (Processing time: 10 BD; 1Month) PUDA PUD Amendment LDC Section 10.02.13.E. (Adm. Code Ch. 3.G.2) $6,000.00 indicates that any language change to a PUD Document + $25.00 (Amends Ordinance shall require the same procedure for amending the an acre. and changes are official zoning atlas. A PUDA includes the following: a depicted as change to the development standards that will not (acreage strikethrough and significantly impact adjacent properties; a reduction in fee to be Underline) dwelling units or commercial area; a change in charged for ownership, project name or text changes that will not each acre increase the project's intensity or adversely impact affected by transportation and/or environmental issues. (Processing the change) time: 20 BD; 6 months) PUDR PUD to PUD LDC Section 10.02.13 (Adm. Code Ch. 3.G.1 and 2) - $8,000.00 Rezone Major amendments to a PUD Document requires the + $25.00 submittal of a new PUD document. A major amendment an acre. (Repeals Ordinance may include an increase in the number of dwelling units and requires a new or an increase in the approved commercial or (acreage PUD Document to be submitted) nonresidential square footage; an increase in the fee to be charged for intensity of development to include changes in use that entire site) result in increased transportation and/or environmental impacts or adding additional acreage. Also, if the PUD is over 5 years old it is recommended to be brought up to current standards. (Processing time: 20 BD; 8 months PUDZ Rezoning, New PUD LDC 2.03.06.0 (Adm. Code Ch. 3.G.1) provides that $10,000.0 PUD districts shall be established by amendment of the 0+ $25.00 (Approved by official zoning atlas established in LDC Section 10.02.13. an acre. Ordinance) This section provides the submittal requirements for PUD Documents and Master Plans. (Processing time: 20 D; 8 s rrscnr hs% [Note: All processing times are approximate and the fees listed do not include any other applicable fees] a Q Revised: 6/11/15 Packet Pg. 376 9.A.3.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20190001364 and PL20190001387 1 Kevin King (print name), as President (title, If applicable) of KMK Development Corp, General Partner of KHD Development General Pannersn:p (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the faVstatd init are true. 4., G D velopment G er artne tp D e By: KMK Develop nt Corp, its eral Partner Kevin King as President of KMK Development Corp W The foregoing instrument was sworn to (or affirmed) and subscribed before me on 6l-c- `�date) by E (name of person providing oath or affirmation), as Lzwho is personally known to me OF whe hog piredueed�K Q r H = STAMP/SEAL Signature of Notary Public s CP\08-COA-00115\155 CJM t•� �L .�c� �J�S L�Q�n" REV 3/24/14 Packet Pg. 377 Coth ev County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.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 percentage of such interest: Name and Address N.A. of Ownershi b. If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage of stocK ownea by eacn: Name and Address I % of Ownership N.A. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and % of Ownership N.A. Created 9/28/2017 Page 1 of 3 Packet Pg. 378 Corer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 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 KHD Development General Partnership, PO Box 110062, Naples, FL 100 KMK Development Corp, PO Box 110062, Naples, FL 34108 33% Kevin King, Director, President Justin Ladha, Vice President Greg Wardeberg, Vice President Marsha Burke, Secretary Hatcher Development Corp, PO Box 110062, Naples, FL 33% 34108 Paul Hatcher, Director, President Greg Wardeberg, Vice President Dobbin Development LLC, 4501 Gulf Shore Blvd. N., Suite 33% 902, Naples, FL 34103 Kevin King, Manager Basil Dobbin, Manager 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, includingthe officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of N.A. Name and Address Created 9/28/2017 Page 2 of 3 Packet Pg. 379 Cott er County 9.A.3.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net g. Date subject property acquired 04 2018 ❑ Leased: Term of lease_ years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or 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 publichearing. 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 KHD Development General Partnership By: KMK De elopment Corp, its General Partner R , gen %Owner Sig to e Kevin Kevin Kine as President of KMK Development Corp Agent/Owner Name (please print) Created 9/28/2017 Da Page 3 of 3 Packet Pg. 380 GAY County 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Property I.D. Number 61840560008 2801 Thomasson Drive (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Residential planned unit development (RPUD) zoning. We hereby designate Q. Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant 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 delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute 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 issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. KHD Development General Partnership By: KMK Develo ment Corp, its General Partner ,�AiDxWas Presid t K D pment Corp Sworn to (or affirmed) and subscribed befor me this (a� day of 2019 by who is personally known to me o. Notary Public (Name typed, printed or stamped) July 30, 2018 't-'wuc' -t PPacket Pg. 381 9.A.3.f 1NSTR 5541882 OR 5499 PG 550 E-RECORDEU 4/18/2018 11t27 AM PAGES 3 MIGHT E. ,,to", CLERK Or THE CIRCUIT COURT, COLLIER fooXIY rlmtinA DOC6,70 S10,500.00 REC S27.00 CONS S11500.000.00 itit, Rl,I tsi rAl rAaIO IIV .1". all, ll inn[ 91ILa11,9170 :tt4 fW,.41,,1,y+its M n,nrr,erak, ll� a+r, A Maan.P.\ aar,"Rat *asn wIr lrA.11 Utlta■■a Parcel If N0 61114046000s cuntld M-1 S 1, 500,000 Oil SY : JAI. WARRANTY PEED EXHIBIT A THIS SPECIAL WARRANTV DEED made and CICCUIcd the _i(p' "fJayof April, 2019. by CIRRUS POINTE PARTNERS, 1.1k. a Florida limited Ilablilly company, whose mailing addrcsc Is 90 South Brad,baw Road, ApppkA IiL 12jU3 I`luamnr-t s. kill) DEVELOPMENT GENERAL PARTS ERSI IIP. a Ftler#diI general p■rtarrslltp, sQ—c addtcs, it P.O. fins, 110062. Napier. Frond, 3110g rt;Tmwj7y (%'here.nused lsv— she remo"tAwAar'sirs'GnnreasInclude all MepVl w 16n imtnuncnt and sIse Ilex., krill orrrnenlau,q and ay4m of iodlvlhsads, and the taarn.un sod .spars of cor,Ya'-I WITNESSETII ihaifdiodrauiir. stun of51i.01) and other ,aluable con,idtrat]ons. retch t whereof is hercb}• fckn.sxltdgnl, h.rcby grams. hxgAOt,. Wilt. alirtit. renl1w 1, rcli:4 c css tspy% and confirm* unt6.6he I iraotee, all lhall certain tamd 4,nuile in Collar County. Florida. vrr - Lot 103. Naples Cricket and Truck C-a rnplio t.utk Farms No. 2, "cording to the plat thereof, as r"Wded InPIAI tMtok 1, It Page 27-A, of the Pulak Records of Collier County. Flollde Together with all the iencntents, hereduamcnis and appurlertances thereto belonging or in anyisisc appertaining - To Ra,•e mad to hold, she same in fee simple rule, ere SUBJECT to those motieh set forth on I.ttubir "A" attached ticteio, the Grantor hcreby cotenants %ids said Grantee thatGnsntor Is lawfully Wired of said land in fin simple; that (kaniw hat Seined right aced lawful uuiltwuy to sell and convey said land; and that tonsillar hereby fully warronis the title io stud lead oral well defend the same againsl the la%•ful claim• of all pctsom, etaiming by, lbruugh, or under the said Airalllor. " OR $499 PG 552 "' EXHIBIT 'A - EXCEPTIONS I. General or special taxes and asxssmcnssnyuinvl Lobepaid insheyrar2018aridiubscqucm yens 2. Restricoons and casements convened ern the plat of Naples (irov" and Truck Compan)h Little Farms No, Las re corded in Plat Bonk I, at Page 27-A, of the Public Records of Collier County, Florida 3 Right -of -Way FAWmcnt m favor of Collier County, filed in Official Records Book lows, page 1697. of the Public Records of Collier County. Florida. 4 Final Order F,lablishsni; 4pdCLhti n¢ Lulljcr (ounLy Winer Main,pament OI\n h Nombet Scv en iveVrdednfyi!nt.. t4l Records Lk" 2Rj, Page 976. said Alpsrmt mattsend,d inOlYicial Records Mi ltm. PAW 1610. of the Public knwdtcl C011B Yl'rwll) Flunda 5 Notice of Ent irunoicmal Rcrsurca Permit Bind in OOkvl Records Book 4303. page 2795, of the Public Records afCaikcr wanly. I bend+. 6. Drainage. Aceessarld %fatlsamciftelw%orricta girMby(lrrus Pointe Partncn, LLC in favor of Collier County tpAtsdrd in Official Rccvtds Book 4349. page 2304. as affected by Mangagee i('oatent Worded sn011icut Retards itrslti,049, page 2307. as re-rccard d in Uficial Records f"o .4350. page U". Aral SUbardllutNin, Consent and lolnder of 14sciTurmt recordist in OBi`clgl Recordt Rrial. AIMI.Yge 2301. all of the Public Records of collier ('-only. Florida, 1 f l 1 11r,, 7, Terms, condition, limilations,rci icnonsandcovenantsassetforthinOrdinanceNo08.1R which amended Ordinance No 2005-63 and aMo,es an Amended and Restated Agrcenuni Auihoriring AflmdablcWorkrorcc (lousing Density Bonus and Imposing Ccocroni, And Resiriciinns ost Real Property riled August g. 2008. in Official Records Book 43R5, page 392, of the Public Records ofCollicrCounty, Florida R Utility e$en111m in faVnr of Collier County by \ inue of Onkt of Taking recorded in Official Records [look 1462, Page 2269. of the Public Records of Collier Court), Florida OR 5499 PG S51 IN WITNESS WHEREOF, the said Gmntorhas signed and scaled these presents Ihc, a,;.! yr.lr 11 +.. shirr %rttten. xl!;ncd. 11.1 land diflild CIRRUS POI�.: I.I.C. In our presence: // a Florldn limiy, i.�f�r' r.�f By::PriRl Vamr:,•=/-L l PAURUAy[er �f 1 .Ert..ir� rat■ 7taar.,, STATF.OFFLORIDA COUNTY OF I l li 4L f i rf 'I ho foregoing insinmwnt was Rclrxs%Wg,d ticlitrr nc I[M April 2Dl s, Paul G. {1tultnarunt,As\(.Auger ssfCsrnn Pquite PAlsnrR. 114',a F!ondah rinfliabilitywmpaf on rtt behalf, a who is rcraorlally kou" ;e Rn Orwho has po due :ram tnuhnuliealton. wo Nola Public, Slnfr of Fwtil printco %mme: ,] _'• . +lei` N, Cunnol,dnn Expires;., 41 it INolary Seal] A ,ns.,rvs.. Pwlcrm.lb,aa r«.....raw>+..r.":cvw".",.•sxnr+v.,,>.,v aw my u INAO pt sun a C c6 J C d M U C9 M O O O O O N J a 00 00 to Packet Pg. 382 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST 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) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Fol OTHER PUDR and GMPA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2 Plat Book 1, at Page 27-A (S14, T50 S, R25 E) FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 61840560008 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 2801 Thomasson Drive • 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) Cirrus Pointe RPUD PROPOSED PROJECT NAME (if applicable) Meridian Landing RPUD (Not approved at this time.) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Rev. 6/9/2017 1 Packet Pg. 383 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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) Meridian Landing Please Return Approved Checklist By: [�] Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour as Planning Technician for Q. Grady Minor & Assoc, P.A. Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.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 61840560008 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 07/03/2019 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Packet Pg. 384 9.A.3.f Information Folio 61840660008 Acres 9.96 Packet Pg. 385 INSTR 5541882 OR 5499 PG 550 E-RECORDED 4/18/2018 11:27 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $10,500.00 REC $27.00 CONS $1,500,000.00 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Jere F. Daniels, Jr., Esquire Winderweedle, Haines, Ward & Woodman, P.A. Post Office Box 880 Winter Park, FL 32790-0890 Parcel ID No. 61840560008 Consideration: $1,500,000.00 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed the _ 7%ay of April 2018 by CIRRUS POINTE PARTNERS, address is 90 South Bradshaw Road,...: GENERAL PARTNERSHIP, 4,1F Naples, Florida 34108 ("Granted" (Wherever used herein the heirs, legal repre corporations.) a Florida limited liability company, whose mailing � k� 027g3,("Grantor") to KHD DEVELOPMENT WITNESSETH tt the tdr,� and i valuable considerations, re. whereof is hereby aliens, remises, releases, co and confirms un N Collier County, Florida, viz Lot 103, Naples Groves acid plat thereof, as recorded in Plat`Bool�, Collier County, Florida. whose address is P.O. Box 110062, include a,11 thearties to this instrument and �al, =,the successors and assigns of 11f the sum of $10.00 and other hereby grants, bargains, sells, all that certain land situate in I& Farms No. 2, according to the 27-A, of the Public Records of Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. SUBJECT to those matters set forth on Exhibit "A" attached hereto, the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; and that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantor. OR 5499 PG 551 9.A.3.f IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered CIRRUS POINTE P S, LLC, in our presence: a Florida limited li mpany STATE OF FLORIDA COUNTY OF The foregoing Paul G. Wolmarans, as on(�its behalf, ❑ j By: Paul G. olmarans, as Manager � t A ON istrumht w acicnoavledged before me vlanaer oCiuOmte'ar1is, LLC, who a' is � a day of April, 2018, by )rida li ited liability company, �r who has produced 6RIDGE 4. ltSA SRO, js 03 MY COMMI, G 22 2021 OTIREs; Nb u>7iic, State of Florid Tnn,wom Prints Name: Lcj>c�, y$dfimission Expires: --.:Lz- al [Notary Seal] R:\Wolmarans, Paul\Cirrus Pointe Partners st Headwaters\Documents\Special Warranty Deed.wpd 4/16/2018 (11:02 am) *** OR 5499 PG 552 *** 9.A.3.f EXHIBIT "A" EXCEPTIONS 1. General or special taxes and assessments required to be paid in the year 2018 and subsequent years. 2. Restrictions and easements contained on the plat of Naples Groves and Truck Company's Little Farms No. 2, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. 3. Right -of -Way Easement in favor of Collier County, filed in Official Records Book 1090, page 1697, of the Public Records of Collier County, Florida. 4. Final Order Establishing -, ,County Water Management District Number Seven recorded-j' rd-al Records Bo�k,2� ,1?age 976, said Agreement amended in Official Records Bpolc 86, page 1610, of the Pu is R''gcords of Collier County, Florida. 5. Notice of En of the Public 6. Drainage, Access *rid-) of Collier County Mortgagee's Consen Official Records Bob Easement recorded in C Collier County, Florida in Official Re& Td d in Official Recce# i, page 3666, and Book 4303, page 2795, i Pointe Partners, LLC in favor 4 9, page 2304, as affected by t 49, page 2307, as re -recorded in nation, Consent and Joinder of 2301, all of the Public Records of 7. Terms, condition, limitations, restrictions and covenants as set forth in Ordinance No. 08-3 8 which amended Ordinance No. 2005-63 and approves an Amended and Restated Agreement Authorizing Affordable -Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property filed August 8, 2008, in Official Records Book 4385, page 392, of the Public Records of Collier County, Florida. 8. Utility easement in favor of Collier County by virtue of Order of Taking recorded in Official Records Book 1462, Page 2268, of the Public Records of Collier County, Florida. Meridian Landing RPUD Location Map wwwwIr �� 4• ' r BOTANICAL PLACE CIR `I © GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Ka 9.A.3.f W E S 340 170 0 Packet Pg. 389 9.A.3.f Meridian Landing RPUD (PL20190001364) Collier County Utility Dedication Statement Dated: August 14, 2019 The developer agrees to dedicate the 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. The developer also agrees 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. The developer agrees to dedicate the appropriate utility easements for serving the water and sewer systems. of KHD Development General Partnership Province of Newfoundland and Labrador Canada Sworn to (or affirmed) and subscribed before me this kK'O—' _day of 12019 by Kevin King as President of KMK Development Corp, General Partner of KHD Development General Partnership who is personally known to me Notary Public Name typed, (printed or stamped) August 14, 2019 © Crady.�linor �..� P.r,,,7e i of l MLPA-19 Utility Dedication Statement.docx CIO I;m lOrcls • 1,al1d Sunr\or' • I'lanucrs • Landsralw \n•hilcrts Q � Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 1 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Packet Pg. 390 9.A.3.f r MERIDIAN LANDINGS (F.K.A. CIRRUS POINTE) Environmental Data for PUDR SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division Cater County 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: Envronnwnti 1, LLC January 6, 2020 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Packet Pg. 391 9.A.3.f Environmental Data for PUDR EXHIBITS Figure 1 Location Map Figure 2 FLUCCS Map Figure 3 Site Plan with Preserve Figure 4 Black Bear Map APPENDICES APPENDIX A: Collier County PUDR Pre-App Notes APPENDIX B: Earth Tech Environmental Staff Qualifications APPENDIX C: Protected Species Survey APPENDIX D: Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 392 Environmental Data for PUDR 9.A.3.f INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Planned Unit of Development -Rezone (PUDR) forthe Meridian Landings parcel (formerly known as Cirrus Pointe) (Subject Property). This information is in response to the items in the PUDR Pre -Application Notes as provided by Collier County (see Appendix A). PROPERTY LOCATION The Subject Property consists of a single parcel (Folio # 61840560008). It is located on the northeast corner of the intersection of Thomasson Drive and Bayshore Drive in Collier County. According to the project engineer, the Subject Property totals approximately 9.93 acres. See Figure 1 below for a location map. S T.4CfANAS9EE Figure 1. Location Map ENVIRONMENTAL DATA CHECKLIST See pages 5-8 of Collier County Pre-App Notes 2. 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. Please include revision dates on resubmittals. • This Environmental Data Report was prepared by Ecologists from Earth Tech Environmental, LLC. See Appendix B for qualifications. Earth Tech Environmental, LLC 3 www.eteflorida.com Packet Pg. 393 9.A.3.f Environmental Data for PUDR S. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. • See engineer plan set for specifics regarding the stormwater management system. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on the 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. No bald eagles or other listed species were identified on the Subject Property. See Appendix C for Protected Species Survey. 8. Provide a survey for listed plants identified in 3.04.03 • No listed plants were identified on the Subject Property. See Appendix C. 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 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. • N/A; no listed species were identified on the Subject Property. 11. 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. a. Provide descriptions of each FLUCFCS code. Provide calculations for each acreage of native vegetation required to be retained on -site. a. Demonstrate on map. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 394 9.A.3.f Environmental Data for PUDR b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. See Figure 2 and Table 2 below for a FLUCCS Map and corresponding descriptions. The native vegetation requirement was established by Ordinance 05-063 and was calculated as 25% of 7.25 acres = 1.81 acres. See Figure 3 for Site Plan with Preserve. Figure 2. FLUCCS Map TABLE 2. ACREAGE PER FLUCCS COMMUNITY FLUCCS CODE DESCRIPTION ACREAGE UPLANDS/WETLANDS EXISTING NATIVE VEGETATION? 411-E2 Pine Flatwoods (26-50% Exotics) 4.53 UPLANDS Yes 411-E4 Pine Flatwoods (>75% Exotics) 4.31 UPLANDS No 411H-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.14 WETLANDS Yes 510 Canal 0.03 OTHER SURFACE WATERS No 740 Disturbed Lands 0.35 UPLANDS No 814 Roadway 0.56 UPLANDS No Site Total: 9.93 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 395 9.A.3.f Environmental Data for PUDR UPLAND COMMUNITY DESCRIPTIONS FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community makes up the majority of the property and is located in the central, western, and southern areas of the Subject Property. The canopy consists of scattered slash pine (Pinus elliotti) and cabbage palm (Saba) palmetto); exotic vegetation consists of moderate earleaf acacia (Acacia auriculiformis) and melaleuca (Melaleuca quinquenervia). The mid -story is largely absent in this community. The groundcover consists of saw palmetto (Serenoa repens) recruitment, winged sumac (Rhus copallinum), greenbriar (Smilax spp.), grapevine (Vitis rotundifolia), and myrsine (Myrsine cubana); exotic vegetation consists of wedelia (Sphagneticola trilobata) closer to the road and moderate downy rose myrtle (Rhodomyrtus tomentosus). The ground appears to have been recently mowed. FLUCCS 411-E4. Pine Flatwoods (>75% Exotics This community is located along the northern boundary and the eastern third of the property. The canopy consists of live oak (Quercus virginiana) and slash pine; exotic vegetation consists of abundant earleaf acacia, java plum (Syzygium cumini), and Brazilian pepper (Schinus terebinthifolius). Groundcover and mid -story stratum are largely absent in this community. FLUCCS 740, Disturbed Land This community consists of a mowed easement running parallel to the canal near the eastern property line. FLUCCS 814, Roadways This community consists of the right-of-way and associated roadway ditch and sidewalk of Thomasson Drive. WETLAND COMMUNITY DESCRIPTIONS FLUCCS 411H-E3, Hydric Pine Flatwoods (51-75% Exotics) This community consists of a small area located in the southwestern corner of the Subject Property. The canopy consists of cabbage palm; exotic vegetation consists of moderate java plum, earleaf acacia, and melaleuca. Mid -story and ground vegetation consists of ragweed (Ambrosia artemisHfolia), dogfennel (Eupatorium capillifolium), and swamp fern (Telmatolechnum serrulatum); exotic vegetation consists of wedelia. OTHER SURFACE WATERS FLUCCS 510, Canal This community consists of a canal near the eastern property line. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 396 Environmental Data for PUDR 9.A.3.f Figure 3. Site Plon with Preserve 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1(13), if requested. • N/A 19. 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. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on 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. • N/A 24. 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) Earth Tech Environmental, LLC www.eteflorida.com 7 Packet Pg. 397 9.A.3.f Environmental Data for PUDR b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. The Collier County Environmental Reviewer specifically requested that Goals 6 & 7 of the CCME be addressed. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements. (The Policies under this Objective apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.) (XI) = Plan Amendment by Ordinance No. 2017-20 on June 13, 2017 Coastal High Hazard Area Non -Coastal High Hazard Area Residential and Less than 2.5 acres. 10% Less than 5 acres. 10% Mixed Use Development Equal to or greater Equal to or greater than 5 acres and less than 2.5 acres. 25% than 20 acres. 15% Equal to or greater than 20 acres. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the project Industrial District project site. site. only) The following standards and criteria shall apply to the vegetation retention requirements referenced above. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 398 Environmental Data for PUDR 9.A.3.f (1) For the purpose of this Policy, "native vegetation" is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species. The vegetation retention requirements specified in this Policy are calculated based on the amount of "native vegetation" that conforms to this definition. (2) The preservation of native vegetation shall include canopy, under -story and ground cover emphasizing the largest contiguous area possible, which may include connection to offsite preserves. The purpose for identifying the largest contiguous area is to provide for a core area that has the greatest potential for wildlife habitat by reducing the interface between the preserve area and development which decreases the conflicts from other land uses. Criteria for determining the dimensional standards of the preserve are to be set out in the Land Development Code. (3) Areas that fulfill the native vegetation retention standards and criteria of this Policy shall be set aside as preserve areas. On -site and off -site preserve areas shall be protected by a permanent conservation mechanism to prohibit further development, consistent with the requirements of this Policy. The type of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve area size, type of development approval, and other factors, as set forth in the County's land development regulations. • The proposed development will fall under the category "Residential and Mixed Use" above in a "Coastal High Hazard Area." It is between 5-20 acres, therefore requiring 25% native vegetation to remain. The project is proposing to preserve 1.81 acres. (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: a. (V) Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the continued use of the site by listed species or the movement through the site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this Element. e. Dry Prairie, Pine Flatwoods, and f. All other native habitats. • The preserve incorporates the only wetland on the property and meets the appropriate selection criteria. (6) A management plan shall be submitted for preserve areas identified by specific criteria in the land development regulations to identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable), and maintenance of permitted facilities. If applicable, a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i). State and federal management plans consistent with the Earth Tech Environmental, LLC www.eteflorida.com 9 Packet Pg. 399 Environmental Data for PUDR 9.A.3.f requirements of the LDC will be accepted. • A Preserve Management Plan will be included with the first development order. (8) Should the amount of wetland vegetation exceed the minimum vegetation requirements as specified herein, retention of wetland vegetation having significant habitat or hydrologic value is encouraged. Increased preservation shall be fostered through incentives including, but not limited to: clustered development, reduced development standards such as open space, setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant habitat or hydrologic value is determined by wetland function, not the size of the wetland. • N/A Policy 6.1.4: Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Petitioners for site plan or plats shall submit and implement plans for invasive exotic plant removal and long-term control. (2) The petitioners for development permits shall prepare and submit native vegetation maintenance plans, which describe specific techniques to prevent re - invasion of the development site by prohibited exotic vegetation of the site in perpetuity. Policy 6.1.6: The minimum native vegetation retention requirements of CCME Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use was approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, RuralAgricultural; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on -site expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/- 360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Earth Tech Environmental, LLC www.eteflorida.com 10 Packet Pg. 400 Environmental Data for PUDR 9.A.3.f • See native vegetation narrative provided under the native vegetation section above. Policy 6.1.8: An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as specified in the County's land development regulations, is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. The County's land development regulations shall establish the criteria for determining the type of proposed development requiring an EIS, including the size and nature of the proposed development, the location of the proposed development in relation to existing environmental characteristics, the degree of site alterations, and other pertinent information. • See this document. Policy 6.2.1: Wetlands identified by the current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. For a proposed project identified on this map series, the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this Element, at the time of Environmental Resource Permitting. • No wetland impacts are occurring onsite, so no mitigation is required. All onsite wetlands will be preserved. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. Policy 7.1.1: Incompatible land uses are directed away from listed species and their habitats by the following mechanisms: (1) Conservation Designation on the Future Land Use Map The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have high wildlife value. The allowed land uses specified in the FLUE's Conservation Designation will accommodate limited residential development and future non-residential development. These limitations help direct many incompatible land uses away from listed species and their habitats contained in this Future Land Use Designation. (Reference FLUE: Future Land Use Designation, Description Section.) Earth Tech Environmental, LLC www.eteflorida.com 11 Packet Pg. 401 Environmental Data for PUDR 9.A.3.f (2) Big Cypress Area of Critical State Concern Overlay (ACSC) The land development regulations contained in the ACSC Overlay district provide standards that facilitate the goal of directing incompatible land uses away from listed species and their habitats. (Reference FLUE: Future Land Use Designation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. (Reference CCME: Objective 1.3.) These areas describe large, intact and relatively unfragmented habitats important for many listed species. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements.) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. (4) Sending Lands (Transfer of Development Rights): Sending Lands are those lands that have a high degree of environmental value and sensitivity and generally include wetlands, uplands, and habitat for listed species. Due to their high environmental value, Sending Lands are targeted for preservation and conservation either through acquisition or through incentives for private property owners. Privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. Allowable land uses within Sending Lands are specified in the FLUE: Future Land Use Designation, Description Section, B, Rural Fringe Mixed Use District. These limitations help direct many incompatible land uses away from listed species and their habitats. (5) Habitat Stewardship Areas (HSAs) Listed animal and plant species and their habitats shall also be protected through the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. HSAs are privately owned agricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat and help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits resulting in the elimination of incompatible uses and the establishment of protection measures. (Reference FLUE: RLSA Overlay.) (6) All other policies supporting Objective 7.1 of this Element. N/A; no listed species have been identified on the Subject Property. See Appendix C, Protected Species Survey. Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed Earth Tech Environmental, LLC www.eteflorida.com 12 Packet Pg. 402 Environmental Data for PUDR 9.A.3.f away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. • No listed species have been identified on the Subject Property. See Appendix C for Protected Species Survey. (2) Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicates listed species or the protected species identified below are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Management plans for new preserves shall also outline a public awareness program to educate residents about the on -site preserve and the need to maintain habitat within the preserve for listed species and those protected species identified below. • N/A (a) Management plans for new preserves shall incorporate proper techniques to protect listed species, and those protected species identified below, and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. (b) For parcels containing gopher tortoises (Gopherus polyphemus), habitat management plans are required and shall give priority to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. • No gopher tortoise burrows or evidence of gopher tortoise were observed on the Subject Property. (c) Habitat preservation plans for the Florida scrub jay (Aphelocoma coerulescens) are required and shall provide for a maintenance program and specify appropriate fire or mechanical protocols to maintain the natural scrub community. Earth Tech Environmental, LLC www.eteflorida.com 13 Packet Pg. 403 9.A.3.f Environmental Data for PUDR • N/A (d) For the bald eagle (Haliaeetus leucocephalus), habitat management plans are required and shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. • N/A (e) For the red -cockaded woodpecker (Picoides borealis), habitat protection plans are required and shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on -site disturbance and compensate or mitigate for impacts that remain. • No potential red -cockaded woodpecker cavities were observed on the Subject Property. (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, management plans are required and shall require that garbage be placed in bear - resistant containers where such containers are available and accepted for use by Collier County, or containers stored in locations not easily accessible to bears. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Based on the latest available information provided by Florida Fish & Wildlife Conservation Commission (FWC), only two black bear related calls have been identified within 1-mile of the Subject Property since 2016. See Figure 4 below. Earth Tech Environmental, LLC www.eteflorida.com 14 Packet Pg. 404 Environmental Data for PUDR 9.A.3.f DAVIS ewo ' i9x t'8 9� a Kp 6 — C a - � SUBJECT PROPERTY • I i q "a sa Neb. Rl r�wmetloni CrrrOom • • f ■ • ■ 2ft C—R0W rwWW M%4m�FnniYWA1Y�CannMlwn 6NC 0,91 ��I�n*II��III�Ia�r1r�1MVj1 l �r � f 0swanaoparty ••Y dbS ■ 61" Bear RelalaO Ca¢y IFWC 2016.29161 - - COLLI ■ 16 r.Mae w" • ■ FWC Black sear Range Florida (2016) Slack Saar Presence - ■ - ■ = nounoan; � ■ comrcAn M o asbna aam • ■ Figure 4. Black Bear Map (g) For projects located in Priority I and Priority II Panther Habitat areas, management plans are required and shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire -adapted preserved vegetative communities and provide browse for white-tailed deer. • The Subject Property does not fall within any USFWS designated Panther Habitat areas. See Appendix C, Protected Species Survey (Figure 7). (h) In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. Earth Tech Environmental, LLC www.eteflorida.com 15 Packet Pg. 405 Environmental Data for PUDR 9.A.3.f • N/A (i) The Management Plans shall contain a monitoring program for developments greater than 10 acres. • The Subject Property is less than 10 acres. Policy 7.1.3: Listed species within the Rural Lands Stewardship Area (RLSA) shall be protected pursuant to the RLSA Overlay policies within the Future Land Use Element. • N/A Policy 7.1.4: [re -numbered to reflect merger of Ordinance No. 2002-32 and 2002-54] All development shall comply with applicable federal and state permitting requirements regarding listed species protection. • See Appendix C, Protected Species Survey. 26. Is EAC Review (by CCPC) required? • To be determined at First Review. 27. PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Type B or C Landscape Buffer (provide as Buffer commitment): 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. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside the preserve will be conveyed by owner to a homeowner's association or condominium association at the time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certification of occupancy. • See engineer's plan set Environmental PUDZ-PUDA Checklist (non-RFMU) See pages 9-10 of Collier County Pre-App Notes 1. Is the project in the 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 • Yes Earth Tech Environmental, LLC www.eteflorida.com 16 Packet Pg. 406 Environmental Data for PUDR 9.A.3.f 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.I. Application Contents #24). FLUCFCS Overlay -P627 • See Figure 2, FLUCCS Map above. 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 • See engineer's plan set and Figure 3 above. 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and rations permitted to be created on -site or mitigated off - site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-13; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation — P547 • See engineer's plan set. 5. Created and retained preserve areas shall meet the minimum width requirements pre LDC 3.05.07.H.1.b. Preserve Width — P603 • See engineer's plan set. 6. Retained preservation areas shall be selected based on 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 • See Figure 3 above, Site Plan with Preserve. 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site altercations, 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 • See engineer's plan set. 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 Earth Tech Environmental, LLC www.eteflorida.com 17 Packet Pg. 407 Environmental Data for PUDR 9.A.3.f • See Appendix B, Earth Tech Environmental Staff Qualifications. 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 • See PUD Document and Master Plan. 11. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable used 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: C. 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. • See environmental section of the PUD. 12. Site Plan note when Preserve acts as Landscape Buffer — COORDINATE WITH LANDSCAPE REVIEW. They will need to request this note be added if applicable. However, please verify the note provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. 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 the LDC section 3.05.07. • See PUD Master Plan Notes. 13. PUD Document shall identify any listed species found on the 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 no limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to the development of the first phase of the project. • No listed species have been identified on the property. Earth Tech Environmental, LLC www.eteflorida.com 18 Packet Pg. 408 9.A.3.f Environmental Data for PUDR /_IaaaZIIaL4Fe1 Collier County PUDR Pre-App Notes Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 409 Coffier County 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: _ t' 4 I) R Date and Time: Wednesday 6/19/19 1 : 30-GMPA, 2 : 30 Gil Martinez Engineering Manager (for PPL's and FP's): Project Information Project Name: Meridian Landings LD�4M Py& PL#: 20190001364 Property lD #: 61840560008 Current Zoning: Project Address:2801 ThomassonDcity: Naples Applicant: Sharon Umpenhour RPUD-BMUD-R2 State: FL Zip: 34112 r� wA yw� k�a�� � �/cP, Agent Name: .Grad Minor&AssociatesA 3Phone: 239-947-1I44 Agent/FirmAddress: 3800 Via Del Rey City°•nita Sprifse,. FL Zip34134 Property Owner: KHD Development Gen Ptnrshi12 Please provide the fallowing, if applicable: i. Total Acreage: 9.95 ii. Proposed # of Residential Units: 127 iii. Proposed Commercial Square Footage: iv. V. Vi. For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 6/12/2019 Page 1 1 of 5 Packet Pg. 410 9.A.3.f Collier 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. Lr L E C r r LLJ /] r ` r , �y s u F S 6 tcG I t .>J . [ Lc-' OF L1 - L- J u r `7 r uO.< ry N� = /U If site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletonCc nanlesaov.com Allyson Holland AMHollandCo)naplesgov.com Robin Singer R5in4er(-7a naplesQov.corn Erica Martin ernartin@naples_qov.co 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 treaded. It is the applicant's responsibility to provide all required data. Updated 6/12/2019 Page I -•Z'of 5 Packet Pg. 411 r Coder 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 Forth is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.coIIiergov.net/Home/5howDocument?id=75093. jilmomg.44Li Oa Y ilk F' ' ,`�, A,A-%jF-- V e j A�,tivO- �44e S PIEAsf Ajdre sS Cca•► r�Ne� m oAi5 6 4aJA 9 160. - E kl 6J �0 S ko J Pre S ErvES On) RJ IACt Jf- Rape,4,F-S . o E ED F-4EF - Fq4 Vev+EvJ • - Q i11 one S- L 4-Fi n 0,h e i I J 7 If Site Is within the City of Naples water service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletone.na lesgov.com Allyson Holland AMHolland@naalesgov.com Robin Singer RSinaer@naolesaov.com Erica Martin emartin na les ov.com 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 6/12/2019 -�R Page 12'of 5 Packet Pg. 412 ClarkeThomas 9.A.3.f From: MartinezGilbert Sent: Tuesday, June 18, 2019 8:50 AM To: ClarkeThomas Subject: FW: pre-App PL20190001364 Meridian Landings (PUDA) Tom, Please remind me to place this email as part of the Pre-App comments. Thank You. Gil Martinez Principal Planner 239-252-4211 Collier County Growth Management Division Exceeding Expectations. Every Day? NOTE. Email Address Has Changed 2800 Horseshoe Dr. N Naples, FL 34104 Phone: 239-252-42 l 1 From:OrthRichard Sent: Tuesday, June 18, 2019 &45 AM To: MartinezGilbert <Gilbert.Martinez@colliercountyfl.gov> Subject: pre-App PL20190001364 Meridian Landings (PUDA) bee- s Gilbert I will not be attending this pre -application meeting as it is related to an increase in residential density in a CH HA. Impacts to stormwater were addressed in the previous P U D and is not anticipated with their density increase request. Stormwater comments would be: Please contact Richard Orth (239-252-5092) with any stormwater questions. Rick Orth Richard Orth, P,G., Sr. Environmental Specialist Collier County Growth Management Department Capital Project and Impact Fees Program Management Stormwater Management Section 2685 South Horseshoe Drive, Ste 103, Naples, FL 34104 Office 239-252-5092, Cellular 239-634-9024 R icha rdOrt h@ Col 11 e rGov. Net Q Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public, records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. i Packet Pg. 413 9.A.3.f -A Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Q 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 S at least two years of ecological or biological professional experience in the State of Florida. Please include a revision dates on resubmittals. J c 3. identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the d E Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP tj or final plat construction plans. Wetlands must be verified by the South Florida Water Management Districtto or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction (SFWMD) plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify o on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least R 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality N wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order a 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. 00 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis T 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 2 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. ( 5. 1 0 Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been CU I met. c 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, J provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction E plans, include this information on the site plans. Provide when treated stormwater is being directed into preserves (45 above). v w Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological m communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or E 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 a 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 E 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 a 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 Packet Pg. 414 9.A.3.f 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 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 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. 1 l . tdeiitify 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. G Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. Demonstrate on map. b Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 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 Q 0 IL a� _ =a c c� J _ d E c� c� to M_ O O O an 0 N J IL ao w un T d a c� m c J _ N E M U W c m E a c m E a Packet Pg. 415 9.A.3.f 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. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18, 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. 19. 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. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 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. 20. 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. 21. 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. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. 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. 24. 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. 0 Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. 0 Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. DIndicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. 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) a 0 a a� c c� J _ m M U v to M O 0 0 M 0 N J a 00 w LO w c d E s 0 cc a _ m s V M Q Packet Pg. 416 9.A.3.f 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. Is EAC Review (by CCPC) required? To & D!U$4rkl&J4 F449eui l^ W PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in a accordance with LDC sections 4.06.02 and 4.06.05.E. L Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required (insert- Ty B_or C) a buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no -1 later than one year from the issuance of the first residential certificate of occupancy. d E M U c� M O O O Cn O N J IL ao w to T Packet Pg. 417 9.A.3.f Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name j 1 ] Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding LJ properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.43.05-2.03.08; 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 924). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.I }. Preserve Label- P546 4 Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. �LJJ 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 3.05.07.13-13; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.I b. Preserve Width - P603 fi. 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 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 8. Wildlife survey required for sites where an El is not required. when so warranted. (LDC i 0.02.02.A.21) 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 l0. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 i 1 If 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 Ahernate format. IJ'the agent insists on lisling specific uses under Accessory Uses, the following language shall be awed for B: Q 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. Packet Pg. 418 9.A.3.f D Site Plan note �vlien Preserve acts as Landscape Buffer — COORDINATE W 1TH LAN DSCAPE REV IEW. They will need to request this note be added if applicable. However, please verify the note is provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. 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.I . Supplemental plantings with native plant o materials shall be in accordance with LDC section 3.05.07. a 0 Do not include this as an Environmental Commitment. if Landscape Review wants to include as a E commitment, it shall go into a Buffer section. J C d l3. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that E will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 v 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. o 0 0 as 14. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. N Is there any fill proposed in the preserve? a ao w to T Additional Comments: `° Packet Pg. 419 Coffier County 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 www.colliergay.net (239) 252-2400 Comprehensive Planning: Meridian Landings PUDR (PL20190001354) is the companion to a Small -Scale Growth Management Plan Amendment (PL20190001387). The GMPA will add a new subdistrict to allow higher density residential market rate housing (127 DUs = 10 DUs/A). No longer building affordable housing. The applicant is requesting to use 97 density pool units to reach this higher density. There are adequate density pool units to provide the 97. This Future Land Use Map designates this site as Urban, Urban Mixed Use District, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment Overlay and also within the Coastal High Hazard Area. Currently wooded — so not a redevelopment project Possibly need to work with Dan Summers for mitigation Issue with a grant given to previous developer and never repaid to County. County will send request to City of Naples for a letter of adequate supply concerning the water service and its impact. This PUDR cannot be approved until such time as the SSGMPA has been approved and must reference the Amendment's effective date. Please address FLUE Policies 5.6, and 7.1— 7.4 in the application. Other required documentation for submittal (not listed on application): 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 3A Page 13' of 5 Packet Pg. 420 C( er county 9.A.3.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT wwwxoliiereoy.net Meeting Notes 4 V 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for Submittal (not listed on application): S.2. A`[r a C�,,,_ 6 d o :l 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 6/12/2019 33 Page 1,6 of 5 Packet Pg. 421 9.A.3.f Transportation Planning and PUD Monitoring Pre-App Notes Developer 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 SDPISDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. -� 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." 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." Packet Pg. 422 i Ca er Cnunty 9.A.3.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierggv.net (239) 252-2400 Pre -Application Meeting Sign -In Street PL# 20190001364 Collier County Contact Information: Name Review Discipline Phone Email David Anthony Environmental Review 252-2497 david. ant hon @colliercountyfl. ov GMD Operations and Claudine Auclair Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov Sally Ash kar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 _raymand.bellows@colIiercountyfl.gov .1 Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental 5 eciadst 252-2548 craig.brown@colliercountyff.gov Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanava@colliercountyfl. i Managing Asst. County Heidi Ashton Cicko Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas-clarke@colliercountyfl.gov 1 Jamie Coak Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov Eric Fey, P.E. Utility Plannin 252-1037 eric-fey@colliercountyfl.gov Tim Finn, AICP Zoning Division 252-4312 timothy.finn @coiliercountyfl. ov Sue Faulkner Comprehensive Planning 252-5715 sue.faulk-ner@coillercountyfl.gov Paula Fleishman Impact Fee Administration 252-2924 aula.fleishman@colliercount fl.gcv Growth Management Deputy J lames French Department Head 252-5717 james.french@colliercountyfl.gov Structural/Residential Plan _ Michael Gibbons Review 252-2426 michael.gibbons@colliercountyfl.gov iJ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm. ewirtz@colliercountyfl. ov J Nancy Gundlach, AICP, PLA Zonin Division 252-2484 nancv.f!undiach@colliercountyfl.gov J 5har Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org John Houldsworth Engineering Subdivision 252-5757john.houldswor-th@colliercountyfl.gov Alicia Humphries —Right-Of-Way Permitting 252-2326 1 alicia.humphries@colliercountyfl.gov Erin Jose hitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyf[.gov �I Marcia Kendall Comprehensive PIan nin 252-2387 marcia.kendaII@col liercount fl. ov John Kelly Zoning Senior Planner 252-5719 john.kell @coiliercountyfl, ov Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov Gil Martinez Zonin Principal Planner 252-421I ilbert.martinet@colliercountyfl.gov 171 Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mast roberto@colliercountyfl. c I_I Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercount fLgov Updated 6/12/2019 Page j 4 of 5 Packet Pg. 423 Coder Count 9.A.3.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collie[gov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@coliiercountyfl.gov Michele Mosca, AICP Capital Project Planning 252-2466 michele-mosca@)colliercountyfl.gov ._1 Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov Richard Orth Stormwater Planning 252-5092 richard-orth@colilercountyfl.gov Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov J Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@coiliercountyfl.gov ❑' Todd Riggall North Collier Fire 597-9227 triggali@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblurn@coliiercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael-sawyer@colliercounty-fl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov Chris Scott, AICP Development Review -Zoning 252-2460 chris.scott@colliercountyfl.gov Linda Simmons North Collier Fire 252-2311 Linda.Sirnmons@colliercountyfl.gov Peter 5hawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov Mark Strain Bearing Examiner/CCPC 252-4446 mark.strain@colliercount fl. ov �• Mark Templeton Landscape Review 252-2475 mark.tem leton@colliercountyfi.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ on Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercouqtyfl.gov David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@coliiercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine-willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 ❑aniel.Zunzunegui@colliercountyfl.gov r Additional Attendee Contact Information: Name Representing Phone Email ' W- e2-s W !d ," . L) Q,I,t� ��r t7� � h •r+virUt�rr'+e.���t! 3�.p�3a � t- �, ti I �✓1 C l CiCrl"ft Cd.C) Updated 6/12/2019 Page 1 5 of 5 Packet Pg. 424 9.A.3.f Applicant/Agent may also send site Collier County plans or conceptual plans for review in advance if desired. Growth Management Department Zoning Division PL20190001364 — Meridian Landin P (Pi 62 PRE-APP INFO o Assigned ❑ps Staff: Thomas Clarke a Camden Smith,(Qps Staff) �a c STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION c m • Name and Number of who submitted pre-app request o Sharon Umpenhour/239-947-1144/sumpenhour@gradyminor.com v co ■ Agent to list for PL# M 0 D. Wayne Arnold, AICP, Q. Grady Minor & Associates, P.A. c rn r O Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. N J d "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this 0 0 project. LO • Owner of property (all owners for all parcels) L 61840560008 - KHD Development General Partnership c ■ Confirm Purpose of Pre-App: (Rezone, etc.) t PL,A rU ��� REzoE�Q1c1]R 7 • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 127 Multi -family dwelling units • Details about Project: PUD;f— is this a phased development and if so what schedule is being proposed? NO i4 Is the proposal for a specific Tract or addition of a Tract/Use? NO REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 239-947-1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountvfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Panning Servi ces\Cu rre nt\Zon i ng Staff Information Za ing Division • 28M North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • ~..cdiergm.net Packet Pg. 425 1 140 lk M I Meridian Landing RPUD Location Map Thomasson DR 4k %�,iT Cottage, Grove AVE .11 t 0 %J Ifn 414 A! arenDR TV. GradyN11nor 340 170 0 340 Feet (T61T I'tivirwers • Land Surw%or,; - Planners - Umdscape \Rfilcos I I Packet Pg. 426 9.A.3.f Co[[ Y bounty 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 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ® ❑ Affidavit of Authorization signed and notarized 1 Property Ownership Disclosure Form I 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 ,tQ ❑ Architectural Rendering of proposed structures 1 ❑ ❑ 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. © D ❑ 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 I ❑ 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 February 1, 2019 Page 9 of 11 Packet Pg. 427 9.A.3.f Correr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieroov.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 A" x 11" copy R ❑ 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: E Exhibit A: List of Permitted Uses C Exhibit 8: Development Standards C Exhibit C: Master Plan- See Chapter 3 E.1. of the Administrative Code E Exhibit D: Legal Description C Exhibit E: List of Requested LDC Deviations and justification for each C Exhibit F: List of Development Commitments If located in RFMU Rural Fri n a Mixed Use Receivin Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the appiicant 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 (Director) ® Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director Other: .h 61L�- aL [7 City of Naples Utilities other: ASSOCIATED FEES FOR APPLICATION l P� Pre -Application Meeting: $500.00 ?,4,D ❑ PUD Rezone: $10,000,00* plus $25.00 an acre or fraction of an acre V 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 1K Comprehensive Planning Consistency Review: $2,250.00 14 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 N1/1-0 Listed or Protected Species Review (when an EIS is not required): $1,000.00 ,U Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Packet Pg. 428 9.A.3.f Caller County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net F Legal Advertising Fees: ,:3� CCPC: $1,125.00 `% BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX- (239) 252-6358 _1 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 not listed, but 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 51' and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party February 1, 2019 Date Page 11 of 11 Packet Pg. 429 9.A.3.f PUD APPLICATION TYPES PUD APPLICATION EXPLANATION/CRITERIA FEE TYPE NAME PDI PUD Amendment, LDC Section 10.02.13.E (Adm. Code Ch. 3.G.3) $1,500.00 Insubstantial provides the criteria for determining if a proposed change to an approved PUD Master Plan (or minor text (approved by HEX change) is insubstantial or substantial. A substantial Determination) change requires approval by the BCC via the PUDA process while an insubstantial change only requires HEX approval. (Processing time: 20 BD; 4 months) PMC Minor Change to an LDC Section 10.02.13.E.8 (Adm. Code Ch. 3.G.4) allows $1,000.00 approved PUD minor changes to the PUD Master Plan during its SDP or Master Plan and/or platting process to accommodate topography, vegetation minor text changes and other site conditions not identified at the time of zoning and when said changes are compatible and have (Administrative no external impacts. This process can be used to approval) remove the Affordable Housing Contribution Commitments (P rocess ing time: 10 BD; 1 Month PUDA PUD Amendment LDC Section 10.02,13.E. (Adm. Code Ch. 3.G.2) $6,000.00 indicates that any language change to a PUD Document + $25.00 (Amends Ordinance shall require the same procedure for amending the an acre. and changes are official zoning atlas. A PUDA includes the following: a depicted as change to the development standards that will not (acreage strrkethrough and significantly impact adjacent properties; a reduction in fee to be Underline) dwelling units or commercial area; a change in charged for ownership, project name or text changes that will not each acre increase the project's intensity or adversely impact affected by the transportation and/or environmental issues. (Processing change) time: 20 BD: 6 months PUDR PUD to PUD LDC Section 10.02.13 (Adm. Code Ch. 3.G.1 and 2) - $8,000.00 Rezone Major amendments to a PUD Document requires the * $25.00 submittal of a new PUD document. A major amendment an acre. (Repeals Ordinance may include an increase in the number of dwelling units and requires a new or an increase in the approved commercial or (acreage PUD Document to be submitted) nonresidential square footage; an increase in the fee to be charged for intensity of development to include changes in use that entire site) result in increased transportation and/or environmental impacts or adding additional acreage. Also, if the PUD is over 5 years old it is recommended to be brought up to current standards. (Processin time: 20 SD; 8 months PUDZ Rezoning, New PUD LDC 2.03.06.0 (Adm. Code Ch. 3.G.1) provides that $10,000.0 PUD districts shall be established by amendment of the 0+ $25.00 (Approved by official zoning atlas established in LDC Section 10.02.13. an acre. Ordinance) This section provides the submittal requirements for PUD Documents and Master Plans. (Processing time: 20 8D: 8 rrontna) [Note: All processing times are approximate and the fees listed do not include any other applicable fees] a 0 rL c c ca J c m E U v c� M 0 0 0 a� 0 N J rL 00 00 In �a CU a Y V M m a� c c �a J c a� E c� U w c as E �a a c as Q Revised: 611111 5 Packet Pg. 430 9.A.3.f Environmental Data for PUDR APPENDIX B Earth Tech Environmental Staff Qualifications Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 431 9.A.3.f JEREMY STERK, C.E.P. Partner \ Principal Ecologist e: jeremys@eteflorida.com t: 239.304.0030 m: 239.595.4929 Years Experience 25 years Education/Training B.S. Aquatic Biology St. Cloud State University (1994) Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals (FAEP) Mr. Sterk has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, Desoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub -adult lemon sharks. Jeremy's work experience includes: Protected Species Surveys Listed Species Management Plans Vegetation & Habitat Mapping USFWS Section 7 & Section 10 Permitting Water Use Monitoring & Compliance Preserve Management Plans Post Permit Compliance Environmental Land Use Planning Native Vegetation Restoration Plans Incidental Take Permitting Site and Aerial Photography USFWS Bald Eagle Monitor Gopher Tortoise Surveys, Permitting, & Relocations Scrub Jay Surveys Burrowing Owl Surveys Shorebird Surveys Certifications/Credentials Environmental Resource Permitting (ERP) Turbidity Monitoring Wetland & Water Level Monitoring Environmental Impact Statements (EIS) Project Management GIS / GPS Mapping & Exhibits Phase 1 Environmental Site Assessments Phase II Environmental Site Assessments Lake Management Plans Due Diligence Reports Wetland Jurisdictional Determinations Bonneted Bat Surveys Mangrove Assessments & Restorations Hard Bottom & Soft Bottom Benthic Surveys Artificial Reef Deployments Seagrass Surveys Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No. GTA-09-00192) Florida Fish and Wildlife Conservation Commission Burrowing Owl Registered Agent (No. RAG-18-00080) Florida Association of Environmental Professionals — member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 — 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: • Conservation Collier Land Acquisition Advisory Committee, Chairman of the Lands Evaluation and Management Subcommittee. (2009 to 2014). • Collier County Development Services Advisory Committee (DSAC) (2015 to Present). • FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016). Publications �a�� Te�� Sundstrom, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed -sensing _ \LJ transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. Envio�rnent•1, LC 239.304.0030 1 www.eteflorida.com Packet Pg. 432 9.A.3.f Ms. Bobka joined Earth Tech Environmental, LLC (ETE) in 2016 as an Ecologist with more than 8 years of private and public sector experience in the environmental field. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, GIS mapping, Phase I Environmental Site Assessments (ESAs), .� and ERP permitting. w Relevant Experience ld Jennifer has worked as a Naturalist for a non-profit in Collier County, a Manatee Research Intern with Florida Fish & Wildlife Conservation Commission in Palm Beach, and a Field u f Crew Leader for Montana Conservation Corps. Her varied experience spans coastal ` marine shoreline and estuarine habitats to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species, with a special interest in threatened and endangered species. She is also an experienced environmental educator and Certified Interpretive Guide. JENNIFER BOBKA Consulting Manager/Ecologist e: jenniferb@eteflorida.com t: 239.304.0030 m: 406.579.4616 Jennifer's work experience includes: Vegetation and Habitat Mapping Wetland Determinations Bald Eagle Monitoring Monitoring Well Installation Shorebird Surveys GIS Mapping Protected Species Surveys Species Management Plans Submerged Resource Surveys Turbidity Monitoring Seagrass Surveys Preserve Monitoring Phase I ESAs Environmental Resource Permitting (ERP) Natural Resource Management Trail Maintenance Mechanical and Manual Forest Fuel Reduction Small Watercraft Operations Years' Experience Invasive and Exotic Species Mapping Ecological Restoration 8 years Education/Training B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad, Costa Rica (2007) Python Responder The Nature Conservancy (2015) Sawyer Training US Forest Service (2010) Professional Affiliations Florida Native Plant Society (FNPS) Florida Association of Environmental Professionals (FAEP) League of Environmental Educators of Florida (LEEF) Wildfire Assessments Environmental Education & Outreach Relevant Certifications/Credentials Florida Master Naturalist, OF/IFAS, 2019 Nitrox Certified Diver, SCUBAdventures, 2018 Certified Interpretive Guide, National Association of Interpretation, 2016 PADI Open Water SCUBA Diver, SCUBA Outfitters of Naples, 2012 Wilderness First Responder, SOLO Schools, 2009 239.304.0030 1 www.eteflorida.com �aYth ToF6 0 Environmental, LLC Packet Pg. 433 9.A.3.f Environmental Data for PUDR APPENDIX C Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 434 9.A.3.f MERIDIAN LANDINGS (F.K.A. CIRRUS POINTE) Protected Species Survey SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA Prepared For: Headwaters Development LP c/o Greg Wardberg 8699 Purslane Naples, FL 34109 Prepared By: Safi reed Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 ,LLC www.eteflorida.com July 26, 2019 Packet Pg. 435 9.A.3.f Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................................. 3 2.0 PROPERTY LOCATION................................................................................................................... 3 3.0 SPECIES SURVEY MATERIALS & METHODS...................................................................................3 4.0 EXISTING SITE CONDITIONS..........................................................................................................4 5.0 RESULTS........................................................................................................................................9 6.0 REFERENCES................................................................................................................................16 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect Map & Field Results Figure 6 Florida Bonneted Bat Consultation Area Figure 7 Florida Panther Information Figure 8 Wood Stork Foraging Information Figure 9 Black Bear Information Figure 10 Bald Eagle Information Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 436 Protected Species Survey 9.A.3.f 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for listed species on the property referred to as Meridian Landings (formerly known as Cirrus Pointe) (Subject Property) prior to development. This assessment was conducted by ETE on May 15, 2019 to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. 2.0 PROPERTY LOCATION The Subject Property consists of a single parcel (Folio # 61840560008) and is located on the northeast corner of the intersection of Thomasson Drive and Bayshore Drive in Collier County. According to the project engineer, the Subject Property totals approximately 9.93 acres. See Figure 1 below for a site location map. >3�I=�I��i� �■IZ� i�1 r� tn, COUNTY ' Figure 1. Site Location Map 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is as follows: Existing vegetation communities or land -uses on the subject site are delineated on a recent aerial map (Collier County 2019) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 3 & 4). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: Earth Tech Environmental, LLC www.eteflorida.com 3 Packet Pg. 437 Protected Species Survey 9.A.3.f ❖ "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", December 2018. ❖ "Notes on Florida's Endangered and Threatened Plants", Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community (see Figure 5). If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non -listed species are then recorded, which are flagged in the field and marked by GPS. Based on the habitat types found on the Subject Property (see Table 3), particular attention was paid to the presence or absence of listed plant species such as wild pine, twisted air plants, and butterfly orchids. The presence and absence of listed animal species such as gopher tortoise, Big Cypress fox squirrel, and Florida bonneted bat were also considered. Approximately eight (8) man-hours were logged on the Subject Property during this species survey (see Table 1). TABLE 1. FIELD TIME SPENT ON SUBJECT PROPERTY START END NO. MAN DATE TASK TIME TIME ECOLOGISTS HOURS May 15, 2019 9:00 am 1:00 pm 2 8.0 Species Survey Fieldwork 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the low 80's. Cloud cover was overcast with light rain showers. The Subject Property is vacant and vegetated, containing primarily upland communities and one small, isolated wetland community. The mid -story vegetation is largely absent throughout the property and appears to have been recently mowed. Large amounts of exotic vegetation are present throughout the property. The property is surrounded by development on all sides, with Thomasson Drive forming the southern property boundary and Bayshore Drive forming the western property line. See Figure 2 below for an aerial map. The Subject Property has the following surrounding land uses: North Residential East Canal/Residential South Thomasson Drive/Residential West Bayshore Drive/Construction Earth Tech Environmental, LLC www.eteflorida.com 4 Packet Pg. 438 9.A.3.f Protected Species Survey 3 i w i 4, •jj� V ooma from ow dam ErpneenQ ! i 0 j 75 756 MO Subject Property Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the FLUCCS maps below (Figures 3 and 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council's (FLEPPC) list of invasive species contains Category 1 species that may be found on the Subject Property. Category 1 species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesar weed, and air potato. Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figure 3. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy, sub -canopy, and/or groundcover. E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com 5 Packet Pg. 439 9.A.3.f Protected Species Survey TABLE 2. ACREAGE PER FLUCCS COMMUNITY FLUCCS CODE DESCRIPTION ACREAGE 411-E2 Pine Flatwoods (26-50% Exotics) 4.53 411-E4 Pine Flatwoods (>75% Exotics) 4.32 411H-E3 Hydric Pine Flatwoods (51-75% Exotics) 0.14 510 Canal 0.03 740 Disturbed Lands 0.35 814 Roadway 0.56 Site Total: 9.93 ��. , { g p i 4 .4� 20=9 RaaldMned hwn came, Cwmy Pmpeny nvc.rs.� t. Suged P.P" owMe.y obt�ned hom Oendsen Enpneamp Earth Tech Environmental, LLC (<j, j.?-A' :-•.�Lq,� •.�''411-F4 �a NSA -tl AV FLUCCS Mapping • ✓f, 411€2, Pine Ffatwoods (26.50% Exotics) • _ 4ll-E4, Plne Flatwmds[ai5%Rxotcsi 4 R-D3 Hydrk Pine FL -Moods (51-75% Exot w 510. canal n � Tao, olattieed panda 814, Roadway Figure 3. FLUCCS Map with Aerial www.eteflorida.com 6 Packet Pg. 440 Protected Species Survey 9.A.3.f 411FFE3 814 N- SuH^�t PAY bw+i WW I—�L n 0 75 159 ago Feet 411-E2 Figure 4. FLUCCS Map 411-E4 r—ISutlJ2Ct F'Olwty FLUCCS Mapping 411-E2, Pine Rawmads (26.50% Exolica) 411-E4, Plne Ratwnods (>76% Exotics) -_ 411 H•E3. Hyddc Plns Flamoods t57.7535 Exoticsi _ 51a.cana _ 740. ❑oStWpeO Land% eta, koaavay FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community makes up the majority of the property and is located in the central, western, and southern areas of the Subject Property. The canopy consists of scattered slash pine (Pinus elliotti) and cabbage palm (Saba) palmetto); exotic vegetation consists of moderate earleaf acacia (Acacia auriculiformis) and melaleuca (Melaleuca quinquenervia). The mid -story is largely absent in this community. The groundcover consists of saw palmetto (Serenoa repens) recruitment, winged sumac (Rhus copallinum), greenbriar (Smilax spp.), grapevine (Vitis rotundifolia), and myrsine (Myrsine cubana); exotic vegetation consists of wedelia (Sphagneticola trilobata) closer to the road and moderate downy rose myrtle (Rhodomyrtus tomentosus). The ground appears to have been recently mowed. FLUCCS 411-E4. Pine Flatwoods (>75% Exotics This community is located along the northern boundary and the eastern third of the property. The canopy consists of live oak (Quercus virginiana) and slash pine; exotic vegetation consists of abundant earleaf acacia, java plum (Syzygium cumini), and Brazilian pepper (Schinus terebinthifolius). Groundcover and mid -story stratum are largely absent in this community. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 441 Protected Species Survey 9.A.3.f FLUCCS 411H-E3, Hydric Pine Flatwoods (51-75% Exotics) This community consists of a small area located in the southwestern corner of the Subject Property. The canopy consists of cabbage palm; exotic vegetation consists of moderate java plum, earleaf acacia, and melaleuca. Mid -story and ground vegetation consists of ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), and swamp fern (Blechnum serrulatum); exotic vegetation consists of wedelia. FLUCCS 510, Canal This community consists of a canal near the eastern property line. FLUCCS 740, Disturbed Land This community consists of a mowed easement running parallel to the canal near the eastern property line. FLUCCS 814, Roadways This community consists of the right-of-way and associated roadway ditch and sidewalk of Thomasson Drive. The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 3. TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS CATEGORY FLUCCS POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC OR FDACS FWS 411 & 411H Bald Eagle Haliaeetus leucocephalus SSC SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Common Wild Pine Tillandsia fasciculata E - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia integrifolia C Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T Red -Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T Southeastern American Kestrel Falco sparverius paulus T Twisted Air Plant Tillandsia flexuosa T 510 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T Little Blue Heron Egretta caerulea T Reddish Egret Egretta rufescens T Roseate Spoonbill Ajaia ajaja T Tricolored Heron Egretta tricolor T 740 Burrowing Owl Speotyto cunicularia T Gopher Tortoise Gopherus polyphemus T Earth Tech Environmental, LLC www.eteflorida.com 8 Packet Pg. 442 9.A.3.f Protected Species Survey 814 1 NONE I - I - - Abbreviations Agencies: Status: FDACS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 5 below for transect and field results. Figure 5. Transect Map & Field Results Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 443 Protected Species Survey 9.A.3.f TABLE 4. ANIMALS AND PLANTS OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS BIRDS Black Vulture Coragyps atratus DV N - MAMMALS Nine -Banded Armadillo Dasypus novemcinctus OH N - REPTILES Brown Anole Anolis sagrei DV N - AMPHIBIANS NONE - - - PLANTS NONE - - - - * = protected species Abbreviations Observations: C = Cavity DB = Day Bed DV = Direct Visual HV = Heard Vocalization(s) MT = Marked Tree Observations: N = Nest OH = Observed Hole/Burrow OT = Observed Tracks R = Remains S = Scat No listed species were observed on the Subject Property. Status: CE = Commercially Exploited FE = Federally Endangered FT = Federally Threatened SSC = Species of Special Concern ST = State Threatened The site does have community types in which protected species could reside. During permitting, the following listed species concerns may be raised by the agencies: Earth Tech Environmental, LLC www.eteflorida.com 10 Packet Pg. 444 Protected Species Survey 9.A.3.f Figure 6. Florida Bonneted Bat Consultation Area Florida Bonneted Bat (Eumops floridana) The Subject Property falls within the USFWS Florida Bonneted Bat Consultation Area (see Figure 6 above), though it is out of the Bonneted Bat Focal Area. During the species survey, no potential bonneted bat cavities were observed. Consultation with USFWS for Florida bonneted bat will likely not be required. See Figure 6 above. Earth Tech Environmental, LLC www.eteflorida.com 11 Packet Pg. 445 Protected Species Survey 9.A.3.f �J�_�i � �r�+l:fi _ t■ilk :. - �.,.e.,�r _ _- .�.,,. tz- - r �a ♦ �� 1 Y i r/fI��E Jr E Figure 7. Florida Panther Information Florida Panther (Felis concolor The Subject Property does not fall within the USFWS Florida panther habitat zones or consultation areas. See Figure 7 for Florida panther information as it relates to the Subject Property. Consultation with the USFWS will likely not be necessary for Florida panther. Earth Tech Environmental, LLC www.eteflorida.com 12 Packet Pg. 446 9.A.3.f Protected Species Survey MMEM �■ •• �' . ~`jrr � � :l!l:��� � � fir' �j � �- 5� Yr 4° ► w i p .. e Figure 8. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property does not fall within the core foraging area (estimated at 18.6 miles) of any wood stork colonies in Collier County (see Figure 8). Earth Tech Environmental, LLC www.eteflorida.com 13 Packet Pg. 447 Protected Species Survey 9.A.3.f Figure 9. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) Based on the latest available information provided by Florida Fish & Wildlife Conservation Commission (FWC), two black bear related calls have been identified within 1-mile of the Subject Property since 2016. Earth Tech Environmental, LLC www.eteflorida.com 14 Packet Pg. 448 Protected Species Survey 9.A.3.f Figure 10. Bald Eagle Information Bald Eagle (Holiaeetus leucocepholus) There are no recorded bald eagle nests within a half mile of the Subject Property. Consultation with USFWS or FWC will likely not be necessary for bald eagle. Earth Tech Environmental, LLC www.eteflorida.com 15 Packet Pg. 449 Protected Species Survey 9.A.3.f 6.0 REFERENCES Ashton, Ray E. and Patricia S. "The Natural History and Management for the Gopher Tortoise." Krieger Publishing Company. Malabar, Florida. 2008. Collier County Property Appraiser. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -Scale Development in Florida." Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppi/10.3996/062015-JFWM-055/suppl file/062015-Ifwm- 055.s2. odf?code=ufws-site "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2018. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanuall999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Weaver, Richard E. and Anderson, Patti J. "Notes on Florida's Endangered and Threatened Plants." Bureau of Entomology, Nematology and Plant Pathology — Botany Section. Contribution No. 38, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorid a.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- EntomologV-Nematology-Plant-Pathology/Botany/Florid a-s-Endangered-Plants Earth Tech Environmental, LLC www.eteflorida.com 16 Packet Pg. 450 9.A.3.f Environmental Data for PUDR APPENDIX D Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 451 CM Q 6uipuel uapuae3 -Pg£600MOZ1d : 889-PO leije;eW dmpe8 6ulpuel uepwe3 3;uewLjo844d :;u8wt43e;;v a N M U J J M M N Q M X F Q Q Z pLL w _ Z O o O w J co D LL o — Z O >wU) ;2 Z>(Do 0 w Q Z co U W OW a M 0 FJ O��� �Q O 2 O — w J — Z LL Z0w CoOxl— wmaw N LO a m m a Wtl 6V98:6 / pxw,depy uopool a9llloO\SIJ\s6ulpuel uelpuaW\2i31110o\S1o3f021d\s;uownooa nu313\:J 6uipu8l uapuae3 -P9£600MOZ1d 889-PO leije;eW dmpe8 6uipuel uepwe3 3;uewLjo8;4d :;u8wt43e;;v M ri LO • .ii -- - U .-• � O W w x ° d W x W N a o U ff. 3 U = z { ,A o o w m m v k' LL LL CIO C• rS c cc U !C N V W W W = w 3N O O a _w M. { _ O rl �? 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OwJIU F: �o of �o o� C I wZ��¢ > SAWN1 wU)vo oZ>O �: ., w ¢ Z M O �o o� ULU mLL w 0 o ! 1 ilk- �I■ F O �F t 2oQww Z Z 0 77 ■I�- d■ _ QoOS �l jo of Q ■� 4 WE o_ ■ I-� �_� �m r ■ ■ s �F'� � o o f ■ o old G� t ■�■■■qi■■■■■��� o r �0000ncoc000: � � �, °w ` � . • IIIIIIIIIII �I IIIIIIIIIIIIIII �� Illllllllllllllilllllllllliiii IIII IIII c � N N a � C U o • a �Q�cw LL U r O ► m d a� � I U N 2i4 32iOHS.lbB y Q- �. r O N o U) E Z�UN O WH LO:L£:6 / pxw ue!d 9l!s\sio\s6u!puel ue!puavry\2!3!110o\siogroHd\s;uawnood nu313\:E) DcuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f I JMB TRANSPDRTATI❑N ENGINEERING, No. TRAFF-IC/TRANSPIARTATIDN ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Meridian Landing RPUD (Bayshore Drive & Thomasson Drive, Collier County, Florida) July 24, 2019 Revised November 21, 2019 County TIS Review Fees TIS Methodology Review Fee = <$500.00 TIS (Minor Study) Review Fee =$750.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FI-ORIDA 341 1 9 `PMES n.• CERTIFICATE OF AUTHORIZATION NO. 27830 ,J 49, � ftf (PROJECT NO. 19071 5) ooausigneaby: X��tl No4�6,.LS1/GWIhSE519D679D23E47F... rC (Tl,� " G V JAMESa 6A1¢ F'. RI D P orA FLORI A REG. ,C/99 1 Packet Pg. 455 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f TABLE OF CONTENTS Conclusions 2 Methodology 2 Q 0 Scope of Project 2 a a� c Table A - Approved vs. Proposed Land Uses 2 J Figure 1 - Project Location & Roadway Classification 2.1 C E MCP 2.2 v Project Generated Traffic 3 M c 0 0 as Table B - Site -Generated Trips 3 0 Table 1 - Trip Generation Computations 3.1 N J a Existing + Committed Road Network 4 00 00 LO Project Generated Traffic Distribution 4 L a� Area of Significant Impact 4 Q. Figure 2 - Project Traffic Distribution 4.1 Y m Table 2 - Area of Impact/Road Classification 4.2 2019 thru 2023 Project Build -out Traffic Conditions 5 c c Table 3 - 2019 & 2023 Link Volumes 5.1 m eEv U W Table 4 - 20123 Link Volumes/Capacity Analysis 5.2 a� E Appendix 6 U r r Q 1 c as E a Packet Pg. 456 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f Conclusions Based upon the findings of this report, it was determined that the proposed zoning amendment, which will increase the number of multi -family dwelling units from 108 to 127 (19 more) dwelling units, will not have a significant or negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed residential land use. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Methodology On July 23, 2019, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the zoning application. A copy of the TIS methodology has been provided in the appendix (refer to pages M1 thru M10). Scope of Project Meridian Landing RPUD is a proposed multi -family project that was previously approved for 109 dwelling units. It is proposed to amend the zoning in order to construct a total of 127 multi -family units (i.e., 19 additional dwelling units). The site is located on the northeast corner of Bayshore Drive and Thomasson Drive, within Collier County, Florida. The project will have one full access on Thomasson Drive. For additional site development details refer to the plans prepared by Grady Minor & Associates. Table A Annroved vs. Proposed Land Uses Land Use Approved Proposed Net Change Multi -Family 108 d.u.'s 127d.u.'s + 19 d.u.'s 2 Packet Pg. 457 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5EO15B2F8 9.A.3.f Naples Airport m IPropspect Ave ------- ------ v Revised January 29, 2013 JM TRANSPORTATION ENGINEERING, 1NC_ Meridian Landing RPUD July 23, 2019 I I I NORTH Rood ds ---- ---------------- Rattlesnake Hammock 1 LEGEND 6-LANE WDED ARTERIAL 4-LANE DIVIDED ARTERIAL •-------- 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL Project Location & Roadway Classification FIGURE 'I i Q 2•1 Packet Pg. 458 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f o w `Q vW0 w 4a(D wQ 0wa V zZ�° ¢z� n 0 w z 0 n¢m boa Sao Z O m 0 m � ❑ ZM a �m Y G O w ¢ ❑ ¢ J z Z LL O 0 ❑ U m � L Q m LU Q p Z v0 a mm a ¢ w z O N 6.0' WIDE LANDSCAPE BUFFER EASEMENT ZONED: RMF-6 RESIDENTIAL AVALON ESTATE UNIT NO.1 (PLAT BOOK 3, PAGE 62) i � \ I m Q Q J `20' WIDE,TYPE.'D' LANDSCAPE BUFFER a w LL LL Q D w LLw �LL 060 ❑ �1 0 o w a w a-6� Z Q 0 } } 0 C W z > OOZ0Z xx�ow m U) m Q BAYSHORE DRIVE m (100' RIGHT OF WAY) ❑ _ z.a Q s; C7 Ci= d Li rn D LL 00 L tl OL L ca z w i 2 w� Lu w o c II �rrqq�g! #�3 w r C LLI o _I a UW ow � a IL z UJ C �C Y w Ld< J � C � V M 0 0 0 CD T �xn $ 0 N "o Ln �s d ® " m %a W C d t t.1 m a N J < w w Q t w U Q Z r u- ¢2 Q a 0 zLu o a O_ c�uJ o Q LO Q Lu 5 0 w 4 z 0 0 1 m Lq ®a Packet Pg. 459 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 9th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Multi - Family" (LUC 220) was most appropriate in estimating the project traffic. Table 1 provides a detail of the estimated total trips. Table B provides a summary of the results. Table B Site -Generated Trips Generated Daily AM Peak PM Peak Hour Land Use (ADT) Hour (vph) (vph) Approved Land Use 776 51 63 (108 multi -family) Proposed Land Use 919 60 73 (127 multi -family) Net Increase 143 9 10 The report concludes that the project will generate less than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 100 trips". Packet Pg. 460 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f Approved Land Uses Land Use Code Land Use Description 220 Multi -Family Land Use Code Trip Period LUC 220 Daily Traffic (ADT) = AM Peak Hour (vph) = PM Peak Hour (vph) = Proposed Land Uses Land Use Code Land Use Description 220 Multi -Family Land Use Code Trip Period LUC 220 Daily Traffic (ADT) _ TABLE 1 TRIP GENERATION COMPUTATIONS Meridian Landing RPUD Build Schedule 108 Units Trip Generation Equation Total Trips T = 7.56(X) - 40.86 = 776 ADT Ln(T) = 0.95Ln(X)-0.51 = 51 vph 23% Enter/ 77% Exit = Ln(T) = 0.89Ln(X)-0.02 = 63 vph 63% Enter/ 37% Exit = Build Schedule 127 Units Trip Generation Equation Total Trips T = 7.56(X) - 40.86 = 919 ADT AM Peak Hour (vph) = Ln(T) = 0.95Ln(X)-0.51 = 60 vph 23% Enter/ 77% Exit = PM Peak Hour (vph) = Ln(T) = 0.89Ln(X)-0.02 = 73 vph 63% Enter/ 37% Exit = Net Increase Daily Traffic (ADT) = 144 ADT AM Peak Hour (vph) = 9 vph PM Peak Flour (vph) = 10 vph a 0 a c c J c a� Trips Enter/Exit I E U m 12 / 40 vph c 0 0 40 / 23 vph c N J a 0 0 LO M L a� M Q. Y V c� Trips Enter/Exit m a� c �a c 14 / 46 vph m 46 / 27 vph v w c m E U a 2 / 7 vph Q 6 / 4 vph a� E t c� Q 3.1 Packet Pg. 461 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f Existing + Committed Road Network Table 2 describe the E + C road network. As shown, there are no significant 5-year committed roadway improvements within the project's area of impact. The two principal arterials that will provide immediate access to the site are Bayshore Drive and Thomasson Drive. Bayshore Drive is classified as a four -lane divided arterial and Thomasson Drive is a two lane collector. The posted speed limit along Thomasson Drive is 30 MPH. Table 2 provides a detail of the surrounding E + C road network and their respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area, demographics, and business opportunities, as well as growth trends for the surrounding areas. Figure 2 provides a detail of the traffic distributions based on a percentage basis and Table 2 depicts the expected net new AM and PM traffic distributions for peak hour peak direction and non -peak direction. The traffic assignments were agreed to with staff during the pre-app meeting. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. As shown, Bayshore Drive and Thomasson Drive were considered to be impacted by the project. 4 Packet Pg. 462 «S)nEnvelope ID: mmlmy5msko $A7 &8lA5EO S&R /k0 O IE2 Z £— n 2t/ / §moo m k / / CL/G a k @ t � � m $ ■ 0 6 z 5 § \ / � � � \ z ■ Q 0- � co � 0-a R � o U � Q ��§ m = # CD C*4 m a. ' IL 00 O/k/ ¥LO 77❑0 $ ~ 0 ® � � e C14 e u o $ - \ k R o CD \ < U � W / _ � � C E t § � a � LU w w q 0 § 2 . \ / a � • 2 w $ ƒ /a E ) ) j § a % \ 2 8 ƒ \ 7 a. / \ \ E 7 ' 0 a m w / � 2 Packet Pg. 464 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f 2019 thru 2023 Project Build -out Traffic Conditions In order to establish 2019 thru 2023 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2019 Collier County AUIR Report. Using the annual growth rate, the 2023 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2019 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips 'Y' 2023 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2023 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2019 thru 2023 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. Packet Pg. 465 «S)nEnvelope ID: mmlmy5msko $A7 &8lA5EO S&R 9A3: { § �.0CL � *" 2 t J] q. a c 2= r o 2 (L = 7 ~ CL ^ Q < > m / ƒ 2 5 § 2 \ / > � � � 7 k W e �b7 � o k ¥ J ID r 04 j CD / \ IL o m / > § LO � ƒ � Z_ \ 2 \ \ \ k <Lu M � 2 _j m �° LL Q 0 � � E O k ) / \ � L 2 N = E 0 v CD w o k N E ZT u / a / Q o 0 \ k a E 2 / / j 2 2 > k § § } E / / R / / Packet Pg. 466 «S)nEnvelope ID: mmlmy5m*ko 3A7 &8lA5EO S&R R/§ n § 'af 0 m ❑ � } % a ] / : n q o I o =« § f / co f § o �) IL _ ƒ x aAc — \ ) a > (L n ) } A = E C f - § ° 0 5 �) a. ' \ J ¢ E < E k z u z m / } ¢ f % co S o U z 2 /Ids * / Q 04 0 } § {IL a- w 6- > 00 00 _ = S \ Q CD � 0 ® ° W ~ k 6 J � It a Q ƒa.A= Li Q q )) ) m -m \ \ _ N ) f k ' k ❑ � 0 ❑ 2 O �0\� / \ / LU Df § 2 � \ \ \ E cn @ j E 2 / k I-- ; ƒ� 6 % k f E / / k Packet P 4 7 g. DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f APPENDIX Q Packet Pg. 468 locuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f I JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERvICE"..,' TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT For Meridian Landing RPUD (Bayshore Drive & Thomasson Drive, Collier County, Florida) July 23, 2019 County TIS Review Fees TIS Methodology Review Fee = $500, 00 TIS (Minor Study) Review Fee=$750.00 Prepared by: NMv TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 113 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJEOT NO. 19071 5) 14ZZAF 7-23 - Zd11 �AME BANKS, P.E. DATE FLORI RE0. No. 4365© Packet Pg. 469 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f APPENDIX A 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. Date:7-23-2019 Time: Location: Collier Copgt y Government Offices(North Horseshoe Drive People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) 4) Study Preparer• Preparer's Name and Title: James M, Banks, P.E., President Organization: JMB Transportation Engineering, Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewer(s): Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Meridian Landing RPUD Location: Northeast corner of Bayshore Drive & Thomasson Drive Land Use Type: Multi -Family ITE Code 4: LUC 220 Proposed number of development units: Existing is 108 m-f . Pro osed is 127 m-f Other: Description: Zoning: RPUD Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached MsersVames M. Banks1De5kfop1PR0JECT511 Coker Covaiyh790715 MeaidianIJOeOh dak)gyRepod..doc Packet Pg. 470 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f Study Type: Major Study Study Area: Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2023 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE.Trip Generation Manual 10th Edition Table 1 Reductions in Trip Generation Rates: Pass -by trips: Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2023 per Collier County's 5-year CIE. Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table I Trip distribution method: Based upon manual assignment (See Table 2 & Figure 2) Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested trips method, whichever is greater. CAUsesUames M. BankZIOOSMMPROJECTal Collier Coenghf967f5 tvEend[anlhAethada[ogyReporfdoc 3 Packet Pg. 471 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study —No Fee Minor Study - $750.00 X Major Study - $15 00.00 Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant ClVmUsmes M. Hanks1Dwkwp1PR0JECTa1 CalGer CwnhA I90715 MerrdianWlalhodUo�yRaporf.dw M4 Packet Pg. 472 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f U) Z jF U)wro Q (W m Q Q wo �j W ¢ �Wa U zzn <a 0 wz0 4 Q m Q 0 m � ❑ n� n zm JU- 0w g�za zoa ODU� W W a m a.mY Z 00 a ¢mm w¢ w z 0 N ZONED: RMF-6 RESIDENTIAL AVALON ESTATE UNIT NO. 1 (PLAT BOOK 3, PAGE 62) Trl / L w LL LL p wm aw a I a Co ❑ ¢ I I _ I 1I C? z / LL❑ w LLI w c- N 6.0' WIDE ~— J LANDSCAPE • l BUFFER \ \ EASEMENT LLI LL LG a [[ U? n - ¢CL i w o �. Lijt20' WDE,TYPE'D' LANDSCAPE BU'FFER� BAYSHORE DRIVE (10D' RIGHT OF WAY) - Q LO X N O y? i �Wo� a e J a o � � z z n � a LOLI J Q Lu Q f Q r- < Lu [If o � LL. Y Cr O p a) O u- w z w w� CO 0 Q LLd w 3: F 3 ul LL Q W O z> uJ O0- � a (L Z EL m o' � a = ui tC w) <J � C V co M O 0 0 CD r- m o sxa 4 a 00 m 00 m" o Ln y �L G a - Q 22 Y - cc tm "C C Cz 4 A J C7 g N on g � C o t13 V W d t tt a C N Lu LL � a Z a O� P Z a Lu oa i Q Packet Pg. 473 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f TABLE 1 TRIP GENERATION COMPUTATIONS Meridian Landing RPUD Proposed Land Uses a Land Use Code Land Use Description Build Schedule c 220 Multi -Family (Low Rise) 127 Units c J Land Use a� Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit E LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 919 AST M m AM Peak Hour (vph) = Ln(T) = 0.95Ln(X)-0.51= 60 vph 14 / 46 vph r 23% Enter/ 77% Exit = 0 c PM Peak Hour (vph) = Ln(T) = 0.89Ln(X)-0.02 = 73 vph o 46 / 27 vph04 63% Enter/ 37% Exit = IL 00 00 LO v �L C� G Q Y V m C1 C C R J C d E R U W C d E L v R r r Q C N E t v cC Q I I i (0 1 Packet Pg. 474 Docu: '� Packet Pg. 475 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E0151321`8 c " O O Ez z in ♦r U o 0 N a) E a _- ++ L a o U9 i41 Y a d O C dl z LLI 0 CL Z L w p L a a 0 z p d Y a H =o CL Q Y s M a a a a LL �. 0 _ G1 w H o 0 Q p cq G3 a a 0 , LO N W Fes^ Lu Q o u E J to0 00 o 0 U 0Ye> W J Q. 0 dir d Y 0- a cu o n C 'K uj W � N 11 L U5 j Z, ZD C O O t Q 0 O_ � G � C P U) Q1 W O O G o tn O Y L F-- (0 m ❑ N 47 0 � C N tl1 Q1 0 O t IL a m r 0 CZ! o ti 9.A.3.f Packet Pg. 476 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 9.A.3.f w y � a � O C .o d Y R IL 4 a •c N s r o U a W g L 0 c o a c y O C4 2 o Y +0 v CD 0 p M oo ca J c N R a 0 u� > a a m 0. Z J L a O COp �] 0 0 Q N N a 0 J m O ao0 ua a a M N o N N Q ' CQ a!) ad co O N v � U o $ o � m � 4 E O c L cu V Packet Pg. 477 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 M O N o a +d O� m G] N ❑ J 0. � c r7 .2 p M O U p a c9 cp 1 N U O O. � Q Y � d ❑ �a. o 0 a. Y s m S 3 M O O = o ° o X J r d to a o Z z Q } U � CD S Y rn o U z Q u U ` oaYLN T LU a a � D o J M = o 0 a rn O m ❑ LLI > C ° Q J J a a m Q z_ a w H J -Idm AI c a 3 O C Q Y N 16 Q Y > ❑ tut (� m Q 0 o m ❑ M � c 0 N o a (V N M 'o s > a Y a d 7 m1Q 9.A.3.f Packet Pg. 478 9.A.3.f .�gict School q � � o ZCollier Cou�'� 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): ✓School Capacity Review ❑ Exemption Letter OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Meridian Landing RPUD Project Information: Municipality: Collier county Parcel ID#: (attach separate sheet for multiple parcels): 61840560008 Location/Address of subject property: 2801 Thomasson Drive Closest Major Intersection: Thomasson Drive and Bayshore Drive Owner/Contract Purchaser Name(s) II. Ownership/Agent Information: KHD Development General Partnership (Attach location map) Agent/Contact Person: D. Wayne Arnold, AICP (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone#: 239-947-1144 Fax: Email `^'arnold@gradyminor.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. Owner or Authorized Agent Signature III. Develooment Information July 17, 2019 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Residential Proposed Land Use Designation: Residential Current Zoning: Cirrus Point RPUD Proposed Zoning: Meridian Landing RPUD Project Acreage: Unit Type: SF MF C MH G Total Units Current) Allowed b Type: 108 Total Units Proposed by Type: 127 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: i a Packet Pg. 479 9 Aa: w t \ \ k � / O ® kII / U S � + 0 M 0 � 0 n q � W © / / / � � k � R - ƒ k U U � Packet Pg. 480 9.A.3.f Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. a c c J c as E M U M 0 0 0 as 0 N J a 00 00 LO v r �L Q. Y V m a� c c J C as E M U w c a� E U r r Q c a� E a Packet Pg. 481 Meridian Landing RPUD Location Map 9.A.3.f w E 9 mGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects 340 170 0 Packet Pg. 482 9.A.3.f Meridian Landing RPUD (PL2O19OOO1364) Deviation Justification 1. Deviation 1 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi -family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. Justification: This deviation is warranted given the central location of the recreational amenity to all of the dwelling units. The buildings have been arranged so that all buildings are within 400' of the amenity, which will consist of a swimming pool with restrooms. No clubhouse or other recreational amenity will be provided at the centralized amenity. Providing one parking space for short term use of residents to drop off items at the pool will be sufficient parking for this small-scale amenity given the close proximity to all units within the complex. Sidewalks are provided throughout the project which provides safe and convenient pedestrian access to the recreational amenity. 2. Deviation 2 seeks relief from LDC Section 4.02.01.13.1., Open space requirements, which requires in residential developments, at least 60 percent of the gross area shall be devoted to usable open space to instead allow the RPUD to provide 54% usable open space. Justification: The site would meet minimum 60% usable open space; however, with County ROW dedication for Thomasson Drive improvements as depicted on the Conceptual PUD Master Plan, the site cannot achieve the 60% open space standard. The requested 54% is the resulting usable open space after the ROW take/dedication. n a a� _ _ J _ a� E U M 0 0 0 rn 0 N J a co 00 LO 77 R �L a� a m a� _ ra J _ m E M U W C d E L t, R Q r _ E t v R Q August 20, 2019 W Gradyh4inor Page 1 of 1 MLPA-19 Deviation Justificotion.docx nccrs • Land Survcyors • IIIanncrs • la Rdsca pc rlrchUcts Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminoi,.com • www.gradyminor.c° Packet Pg. 483 9.A.3.f q%293031\ IV 2 M N C-A V� v O �� O 56 ORDINANCE NO.05 - 63 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF-6 ZONING DISTRICT WITH BMUD-R2 OVERLAY TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD-R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW-INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing James Fields, petitioned the Board of County Commissioners, in Petition Number PUDZ-2004-AR-6906, 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 25 East, Collier County, Florida, is changed from the RMF-6 Zoning District with BMUD-R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning District with BMUD-R2 Overlay for a project to be known as the Cirrus Pointe RPUD, to allow for a multi -family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable a 0 a c c J c m E U co M T 0 0 0 0 N J a co 00 LO 9.A.3.f SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /-') day of C A,,1 44, 2005. ATTEST: '= IC�IiT E: BR , C RK ��►ttf((srt�;i to., o ChaIran s Approved as to Form and Legal Sufficiency: MarjoridM. Student -Stirling Assistant County Attorney PUDZ-2004-A R-6906/KD/sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: _ W. FRED W. COYLE, CHAI AN W 9.A.3.f CIRRUS POINTE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B-1 NAPLES, FLORIDA 34105 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2. 2004 DATE REVISED October 29, 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005-63 Packet Pg. 486 9.A.3.f TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS mr PAGE 1 3 5 9 13 14 a 0 a J C d U M T 0 0 0 T 0 N J a 00 00 Lo •L m r a m Co a� c =a c J C E R U W .r C E s v R a r s w r a Packet Pg. 487 9.A.3.f LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS n Packet Pg. 488 9.A.3.f STATEMENT OF COMPLIANCE the development of approximately 9.92± acres of property in Collier County, as a Manned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. �. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units/per acre density bonus, pursuant to the companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Project Within the Urban Coastal Fringe Subdistrict w Base Density 4 dwelling units/acre E Traffic Congestion Area - 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre a Maximum Permitted Density 11 dwelling units/acre Requested density = 10.89 dwelling units/acre a� E Maximum permitted units = 9.92 acres x 11 dwelling units/acre = 109 units a Requested dwelling units = 108 Packet Pg. 489 9.A.3.f 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development .Code. Packet Pg. 490 9.A.3.f SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Cirrus Pointe Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.3 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF-6 Zoning with BMUD-R2 Overlay and is proposed to be rezoned to RPUD with the BMUD-R2 Overlay. .5 PHYSICAL DESCRIPTION The project site is primarily located within the Coastal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is a Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet 3 Packet Pg. 491 9.A.3.f NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on -site lake/natural vegetation areas prior to discharge into the drainage easement along the eastern property boundary. The water management system will be permitted by Collier County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #7 — Immokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the mid -story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi -family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance". Packet Pg. 492 9.A.3.f SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Cirrus Pointe RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD-R2 Overlay District. 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 time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Cirrus Pointe RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. s Packet Pg. 493 9.A.3.f 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", PUD Master Plan and the water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configurations and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.41 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT-OF-WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 6 Packet Pg. 494 9.A.3.f 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, 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 Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order,. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. Packet Pg. 495 9.A.3.f 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. Packet Pg. 496 9.A.3.f SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre. Any project with a density of more than 3.0 dwelling units/per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi -family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 9 Packet Pg. 497 9.A.3.f 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirrus Pointe RPUD. io Packet Pg. 498 9.A.3.f TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1-Story 2-Story 3-Story and 4-Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1-Story and 2-Story Homes 3-Story and 4-Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main/Principal 1-Story 2-Story 3-Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI -FAMILY NA NA 15' (2) 7.5' 10, 11.25' 20' 10, 15' 25' (3) 10, 25' 10, 20' 15' 20' 22.5' 10, 40' or 3 habitable stories over parking 15' Minimum Floor Area 1526 Sq. Ft. Garage/Storage Area Below building parking for 2 cars and additioi storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi -family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5-foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. 11 a Packet Pg. 499 9.A.3.f B. Off -Street Parking and Loading Requirements: Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07.02G.2. of the Land Development Code, shall be provided on -site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be provided on -site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. The owner/developer has agreed to provide a total of 2.21 acres of preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and 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 fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally -designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 Packet Pg. 500 9.A.3.f SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 13 Packet Pg. 501 9.A.3.f 5.1 PURPOSE 5.2 5.3 M SECTION V DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. 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 RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, 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 Subsection 10.02.13E. 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 insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. 14 Packet Pg. 502 9.A.3.f A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90-10, as amended. 5.7 UTILITIES W1 Packet Pg. 503 9.A.3.f A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water/Sewer District and is subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity" from the City of Naples. C. Although the site is entirely within the Collier County Water/Sewer District, potable water is served by the City of Naples. Even though the site contains a 4-inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4-inch force main, connection to either the 12-inch force main on Bayshore Drive or 12-inch force main on Thomasson Drive shall be preferred. 5.8 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no 16 Packet Pg. 504 9.A.3.f additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site -related improvements (as opposed to system -related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County — Ordinance 01-13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights -of -way or public easements shall require a right-of-way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are 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. H. 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 Collier County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights -of -way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, 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 17 Packet Pg. 505 9.A.3.f and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants. M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6-foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. N. Prior to approval of the site development plan, the owner shall deed over the right-of-way easement located at the southwest comer of the subject property to Collier County. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. C. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right-of-way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation/preservation areas shall be designated' as preserves on all construction plans and, if the project is platted, shall be recorded on the 18 Packet Pg. 506 9.A.3.f plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Buffers and setbacks shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. 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 Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. E. A Preserve Area 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. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to Environmental Services Staff for review and approval prior to site development plan approval. 19 Packet Pg. 507 9.A.3.f All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10-foot setback. J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 20 w Packet Pg. 508 609 •6d 40M3 d r----- m 0 I co co n CD r a� m c v D R. N rz Li f W 1 = ;1 a. i W I 1 1 (q IL 1 1 f j l if . it f fl y fll , 1 f I t7 W qg �i --- -------------------------- (s3Nvrr) (S31VVA WH) 3M21a 3WHSAVB 1 1 C-WOVaC3Nn DNMZ C-0 UN m V I� ol i� git .> gig 1 3 a) 0 v 2 z� T F= < W O if z Ife� o a 00, Z z W Zpand -Z Z i ; o a gZ �tS N 111d W 451 g Jaa> U) 0 f7 W VO' LL LL � W '0a 2z 0L5 'F)d 40M3 d m a) � A rs Co C* I v D (83NY") (SMUVA WN) MHO 3aONSAV8 UMNOZ t o I 120) Z Uu W �$ Wo } zQ T I w 0 O Zz z .' z 2 I a_ z# zv n ON W .4.4f i p'j 9.A.3.f Prepared by: Patrick G. White Ass't. Collier County Att'y. 3301 Tamiami Trial East Naples, FL 34112 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of 2005, by and - between James J. Fields (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable Units constructed by Developer shall be 32 , representing 30 percent of the total number of residential Units in the development B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable RECEIVED Rev 9l3/2003 Page 1 of 30 U1L 2 5 200S PL INNING SEiti Packet Pg. 511 9.A.3.f Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 78 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 32 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site Page 2 of 30 Packet Pg. 512 9.A.3.f development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three -step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in ADC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and Page 3 of 30 Packet Pg. 513 9.A.3.f occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible Page 4 of 30 Packet Pg. 514 9.A.3.f family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = Page 5 of 30 Packet Pg. 515 9.A.3.f density bonus units per acre X gross acreage) of 11.89 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - receipt requested U.S. Mail, or hand -delivery to the person or developer in violation. Page 6 of 30 Packet Pg. 516 9.A.3.f The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severabiiity. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: Page 7 of 30 Packet Pg. 517 9.A.3.f To the Commission:. Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, FL 34110 With copy to: Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants, The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. Page 8 of 30 Packet Pg. 518 9.A.3.f 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.06.04 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin; familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes Page 9 of 30 Packet Pg. 519 9.A.3.f place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 30 percent affordable housing units for this project, with 30 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Page 10 of 30 Packet Pg. 520 9.A.3.f Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved apt orm and legal sufficiency: Patrick G Assistant County Attorney Page 11 of 30 Packet Pg. 521 9.A.3.f DEVELOPER: Witnesses: LM- Witness , / Printed Name l �,'//'�,,h L. �Yo e c r "J c an-wt ; ` 5-rc�Z Witness Printed Name. STATE OF FLORIDA ) COUNTY OF COLLIER ) B: The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by _rants I �- arc b5 as ftc& .Q bt Vc cEP€'2 of C i a ►2c.ti s �d ►�' P�;) who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of L k L 2005. S................. My Commission Expires: 31IclJ-2-004& C otary blic a J a� E U co M 0 0 0 rn 0 N J a 00 00 LO �L a m ZM r- J C M U W E U a a� a Page 12 of 30 Packet Pg. 522 9.A.3.f EXHIBIT A LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." Page 13 of 30 Packet Pg. 523 9.A.3.f APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency p 1 Bedroom p 2 Bedroom p 3 Bedroom 21 4 Bedroom p TOTAL 0 21 VERY LOW INCOME (50% MI) Efficiency p 1 Bedroom p 2 Bedroom p 3 Bedroom 11 4 Bedroom p TOTAL 0 11 VERY -VERY LOW INCOME (25%-50% MI) Efficiency p 1 Bedroom p 2 Bedroom p 3 Bedroom p a 0 a c J d E cu U M O 0 0 rn 0 N J d O 00 W) �L d a M a 3 U cu m c �a J C E M U w c m E �a a a� U 2 Q Page 14 of 30 Packet Pg. 524 9.A.3.f 4 Bedroom 0 TOTAL 0 0 (1) Base residential density allowed in this development 3 units/acre. (2) Gross acreage 9.92 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including affordable housing density bonus units) 10.89 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 30 %. Page 15 of 30 Packet Pg. 525 9.A.3.f APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner -occupied or rental, single-family or multi -family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner -occupied or rental, single-family or multi -family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B. and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B. the affordable housing density bonus for each type of unit shall be added to those for the other tvpe(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling Page 16 of 30 Packet Pg. 526 9.A.3.f units per gross acre. APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM a 0 Please calculate your density bonus in the space provided below. Attach additional pages if a necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT a� E OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 _ MORE M o 80% MI= MODERATE (OWNER -OCCUPIED, 0 1* 1* 0 0 o SINGLE-FAMILY) 60% MI= LOW (OWNER -OCCUPIED OR RENTAL 2 3 4 00 00 SINGLE-FAMILY OR MULTI- FAMILY) •L 50%MI= VERY LOW (OWNER OCCUPIED OR a� RENTAL, SINGLE-FAMILY OR MULTI -FAMILY) 3 4 5 m *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS J (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) E AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS v DENSITY BONUS RATING w c E 10% 20% 30% 40% 1 0 0 1 2 a 2 0 1 2 3 2 3 4 5 s 4 3 4 5 7 w 5 4 5 7 8 a Page 17 of 30 Packet Pg. 527 9.A.3.f APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 80% 39,100 44,650 50,250 55,850 60,300 64,750 69.250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32.235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low -Income Rental Housing Tax Credit (LiHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 1$1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 215% $327 $392 $453 $506 Page 18 of 30 Packet Pg. 528 9.A.3.f LOCATION Naples and Coastal Collier County Immokalee and East of UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 71.00 91.00 128.00 156.00 Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. a 0 a a� J c E R U M O O O O O N J a 00 w LO T �L C� G Q Y V fC m a9 C C fC J C d E m U W C d E t v r Q C E t v R a Page 19 of 30 Packet Pg. 529 9.A.3.f APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired Your Name: Co -Tenant Name Present Address: Street Name of Landlord Landlord's Address: Date of Application: Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes — No _ Race/National Origin: Handicap: Yes — No City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date --- Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Page 20 of 30 Packet Pg. 530 9.A.3.f Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address:_ 2. Name: Address: SOCIAL SECURITY How Long Known: How Long Known: Page 21 of 30 Packet Pg. 531 9.A.3.f APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co -Tenant's Name:: Social Security Number Present Address: Street City State Zip I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Amount Frequency Received of Pay Co -Occupant Amount Frequency Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ Commissions $ $ $ $ Interest Income $ $ $ Trust Fund Income $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ Widows Benefits $ $ $ $ Page 22 of 30 Packet Pg. 532 9.A.3.f Union Pension $ $ $ $ Self -Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ a 0 TOTAL ANNUAL INCOME $ $ a c THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT c YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. c a� THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO v CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. c 0 rn 0 N J a o w M T 2 �L C� G Q c,> co W J C d E R U W C E s Q Page 23 of 30 Packet Pg. 533 9.A.3.f APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Street I, (Applicant) on this certification form. Job Title: City State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this day of (notary seal) My Commission Expires: as 2005. Notary Public Page 24 of 30 Packet Pg. 534 9.A.3.f EMPLOYER CERTIFICATION Applicant's Gross Annual income or Rate or Pay: $ Number of Hours Worked (Weekly): Frequency of Fay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by _ Who is personally known to me or has produced identification. Witness my hand and official seal this day of (notary seal) Annually as 2005. 1VOiary YUb11C My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. i a c J C d E U M r O O O 0 N J IL 00 00 CU Q. Y V m �a c cU J C d E V W C d E L v R r r Q C N E t v cC Q Page 25 of 30 Packet Pg. 535 9.A.3.f APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS a Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanvinj documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial Administration and Housing Department. E U All items requested must be provided. r 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the r CD acreage of each; _ PUD-9.92 N J a co co LO 2. Has an application for rezoning been requested in conjunction with the affordable housing Z Density bonus? •L a� r X Yes No a If ves, state date of application 12-2-04 pp and if the request has been m approved, state the Ordinance number �a 3. Gross density of the proposed development. 10.89 units/acre. Gross acreage of the proposed development. 9.92 acres. a E 4. Are affordable housing density bonus units sought in conjunction with an application for a U w planned unit development (PUD)? X Yes No. _ E If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe PUD located and the northeast corner of the intersection between Thomasson Drive and a r a� ayshore Drive. E s 5. Name of applicant James J. Fields r a Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development Page 26 of 30 Packet Pg. 536 9.A.3.f TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner MODERATE INCOME Rental Occupied Rental Occupied 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0_ 0 0 0 a c J C d E M U M T" 0 0 0 M 0 N J a 00 w LO T a m am c J a� E M U w c m E a r a� E s a Page 27 of 30 Packet Pg. 537 9.A.3.f LOW INCOME 60% MI Efficiency 0 0 a a 1 Bedroom 0 0 c to 2 Bedroom 0 0 d E 3 Bedroom 22 22 Q Other 0 0 0 0 0 TOTAL 22_ 22 0 N J a. VERY LOW INCOME 00 00 50%MI Efficiency 0 0 L d 1 Bedroom 0 0 a m 2 Bedroom 0 0 3 Bedroom 10 10 J c a� Other 0 0 E U TOTAL 1_ p10 C d E a a 7. Please provide a physical description of the affordable units by type of unit (moderate, low, I very low income) and by number of bedrooms. Include in your description, for example, the square Q footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments, appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach Page 28 of 30 Packet Pg. 538 9.A.3.f additional pages as Exhibit "D" if needed. (See Attached) a 0 8. Please supply any other information which would reasonably be needed to address this request fol an affordable housing density bonus for this development. Attach additional pages if needed. Page 29 of 30 Packet Pg. 539 9.A.3.f APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE HOUSING UNITS There will be a minimum of 32 Affordable Housing Units constructed in the Cirrus Pointe PUD. These Affordable Housing Units will be comprised of 10 three -bedroom Very Low Income (50% of Median Income) and 22 three -bedroom Low Income (60% of Median Income) Units. All Affordable Housing Units will be sold to owners as owner -occupied multi -family units. Each unit will come standard with carpet and tile floors, refrigerator, dishwasher, stove, washer/dryer, basic lighting/ceiling fan package, and bathrooms will have ceiling exhaust fans. The three -bedroom units will have a minimum air-conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house additional storage areas for each unit. The entire community will consist of up to 108 multi -family homes and the units that are not designated Affordable Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. Page 30 of 30 Packet Pg. 540 9.A.3.f STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Q 0 Twentieth Judicial Circuit, Collier County, Florida, do ai c hereby certify that the foregoing is a true and correct J copy of: d E ORDINANCE 2005-63 M v co M O O Which was adopted by the Board of County Commissioners O N J the 15th day of November, 2005, during Regular Session. a.on 00 00 Ln v WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th L d day of November, 2005. a ' U m a� c c DWIGHT E. BROCK -j Clerk of Courts an Ex-officio to Board of `�''- E County Commission'=. UA UA r W E y By: Ann J nejo n, � Deputy Clerk a r c as E r Q Packet Pg. 541 9.A.3.f 01 ORDINANCE NO. 08- 38 AN ORDINANCE AMENDING ORDINANCE NO. 2005-63, TO REFLECT CONSIDERATION AND APPROVAL OF AN AMENDED AND RESTATED AFFORDABLE HOUSING DENSITY BONUS b AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE TO y y ° -- =; Q UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE � o 0 AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) � a. IN THE DEVELOPMENT OF THIS PROJECT, THAT WILL NOW bO INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI- y d = FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE _J HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF o a BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, E TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN gftd o� r EFFECTIVE DATE. ,v ly O o O a � O WHEREAS, Patrick G. White, fir e �V ' Morris & Arthur, LLP, representing N LLn _ o a • James Fields, petitioned the Board b ounty Commission t6 amend the previously approved ' Affordable Housing Density g y on 00 is �eem6nt-"-t�r��ect a r'�vis on from 32 to 44 affordable .1 n' b housing units now being design td`d, i WoT opc ou nT r 'Oad pf low or very low-income, �' e without changing the total nuto,4�46pablus (lgr Ihcensity of such development o a r w previously approved as part of\,Onance No. 2005 6310�, NOW THEREFORE BE k THE BOARD OF COUNTY J ......,„....,.,..,...,m. A V COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: bd „ 1 E LU SECTION ONE: o E That Ordinance 2005-63 is amended and revised to reflect that development of this project will be for qualified residents that will include a maximum of 44 affordable housing units Q designated as workforce housing units. The amended and restated Affordable Housing Density s Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated a into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement previously approved as an attachment to Ordinance No. 2005-63. Words stmek thFoug are deleted; words underlined are added. Page 1 of 2 Packet Pg. 542 9.A.3.f SECTION TWO: All other provisions of Ordinance Number 2005-63 are unchanged by this Ordinance and shall remain in full force and effect, specifically including all portions of the Cirrus Pointe Residential Planned Unit Development Regulations and Supporting Master Plan, which are unaffected by this Ordinance or its attached Exhibit "A." SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DU:TY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ®08. . ATTEST: f .$OARD OF C Y COMMISSIONERS DWiGH'T E. BROCK, CLERK C"'_0LTEiO Y, F RIDA 1 f'41 R.t e € r I a v� Apprayed -as to ofm and legal ¢iif ici6cy, Assistant County Attorney NAPLES/555776 v.01 , Chairman a 0 a �a �a J as c� M O 0 0 rn 0 N J IL co 00 LO a 2 a C � 00 84 c c J Ca � E Words s4uetcfreugare deleted; words underlined are added. Page 2 of 2 Packet Pg. 543 9.A.3.f This space for recording AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS.AN.DIMPOSING COVENANTS AND RESTRIg1 N REAL. PROPERTY THIS AMENDED AND 2EST�,,REEMENT is made as of the day R of , 2b08� bar d betw0 nE :Jams Melds (the "Developer") and the Collier C unty Board c urity C0nim"6 isslo prs t -e " mission"), collectively, the It 7 "Parties," and replaces the 6rj, ,original Agreem`6m' In IttS("irety. TA A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct a maximum of 108 residential units (the "Units") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable -workforce housing units constructed by Developer shall be 82 44 , representing 30 forty (40) percent of the total number of residential Units approved in the development, 56.4 percent of the approved bonus units. Page 1 of 31 4l12/06 underlined text is added, stfuck thFOU911 text is deleted Q 0 D a a� =a �a J _ d E l4 V M O 0 0 0 N J IL 00 00 _LO �a 2 2 E,q i i t 6, V ![ I Packet Pg. 544 9.A.3.f B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 78 bonus Units on the Property, if the Developer agrees to construct affordable, workforce, and gap Units as specified in this Agreement. NOW, THEREFORE, in cgrt i ,o 4:approval and grant of the density �� . bonus of 7.89 units per acre requested by the De&%�,Jope� and the benefits conferred thereby on the Property, and fgotheood and valuabcosideration, the receipt and sufficiency of which are ;der $ n sled �-VeloOer and the Commission hereby covenant and a r 1. Recitals. Thy above Recitals are,,,,,, e bnrd erect and are incorporated herein by reference. 2. Developer AgreemOnts:'oper hereby agrees that he it shall construct up to _32 44 affordable units, not to exceed 40 % of the approved residential density as affordable -workforce housing units, which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable, workforce and gap Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the underlined text is added, "F� : text is deleted Page 2of31 a 0 D a J E U Cl) O O O rn 0 N J a 00 00 LO M at ca 5 Q. a .m a� c� c � � J � C . E M �U c �w c � CD E M U w r a E a Packet Pg. 545 9.A.3.f applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by--,-- y rd plhed in the Federal Register, as adjusted for family size as shown on the tables attached he as Appendix A, Exhibit C, which Exhibit shall be adjusted fro tiMe to time in ac ordance with any adjustments that are authorized by HUD o y icsoei`y ('"the went that HUD ceases to publish an established m agree to another reason6,6yand comparab median income. 1 (3) Eligibility and Qua es hereto shall mutually mputing adjustments in Family income eligibility is a three -step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low, low, fnedeFate workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the FinanGial AdministFatien and Housing and Human Services Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable., workforce, and gap units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to FinanGial Administration underlined text is added, StFUA tkFeagh text is deleted Page 3 of 31 Packet Pg. 546 9.A.3.f and -Housing and Human Services Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A manager, or agent to qual owning and occupying an workforce housing densit t workforce housing unit shim poteft al oW r , 4 Nall apply to the developer, owner, ,a low, workforce e family for the purpose of ; a e vorkforc�housing °unit"pursuant to the affordable_ ry Application for affordable - and --Housing and Human ces DepartmenfS!'�as shown dri Appendix B, Exhibit A, attached to this Agreement a iieprporated by refer a herein. (b) Income Verification ani-jiGerlficati©n. No affordable -workforce housing unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the affordable -workforce housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. underlined text is added, stFuck thFough text is deleted a 0 D a a� _ M J _ d E M U ca M O O O O O N J a 00 00 LO 2 Q. C U m c C c J E � U W E r a _ a) E U El Page 4 of 31 Packet Pg. 547 9.A.3.f Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable -workforce housing Applicant Income Verification form shall be provided to the Housing and Human Services Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable -workforce housing unit and Applicant Income Verification form, the Developer shall require that an i occupant (including the en)�� workforce housing unit by/thy � potential occupant has an a occupant as an eligible fam`t�`t sehold) prior affordable -workforce housir►`b '., density bonus Housing Applicant Income eftfication form Adminmstratften Housing and e ce be executed by the potential pancy of the affordable_ n shall assure that the qualifies the potential housing unit under the i. The affordable -workforce provided by the €inan 1 nt as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Housing and Human Services Department upon reasonable notice. (4) Annual Progress and Monitoring ReportThe Developer shall provide the Housing and Human Services Department an annual progress and monitoring report regarding the delivery of affordable -workforce housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required underlined text is added, st+ael thfeagh text is deleted Page 5 of 31 a 0 a a� c J C E U Cl) O 0 0 rn 0 N J CO CO LO M Ca 5 Q. � Cu a� «� V J C cE M C U LU E M U w a C a) E a Packet Pg. 548 9.A.3.f to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the FiRaRGial AdministratiOR and Housing and Human Services Department. Failure to complete and submit the monitoring report to the Housing and Human Services Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) structure on the Property sha•II b'e".16 affiliated with the Developer, or by.a 3. nu No bffot iatle-workforce unit in any building or ied by the Developer, any person related to or acknowledges that the Developer has met all re t � 4 t alify fo , al I e6sity bonus, in addition to x the base residential density of 3 units per a'41k� d is therefore granted a density bonus of 7.89 density bonus ungs per acre, for a.-tl,density (total = density bonus units per acre X gross acreage) oaf units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the FiRaRGial AdministratiOR and Housing and Human Services Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable, workforce, or gap Unit. 5. Violations and Enforcement a 0 D a _ J _ E M U M O O 0 0 N J a. CO 00 LO 2 a _ E U EI underlined text is added, stmek tThrough text is deleted Page 6 of 31 Packet Pg. 549 9.A.3.f a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable -workforce housing unit provided under the affordable -workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Human Services Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by crimin rfft>eqtr;suant to the provisions of Section �o,. 125.69, Florida Statutes, or bi, enforcement as � by law. b. Notice( of,,,, Enorcement Board Proceedings. ra �t4p6 a i a i n c this ",Agreement or of LDC § Whenever it is determined 1h'6ti� 2.06.00, that should be e 0 for c�btore th Pade Enforperit Board, then a Notice of �M. Violation shall be issued al,`sent by the appr is Ae department by certified return- c3 receipt requested U.S. Mail, or „hand -delivery to th arson or developer in violation. - - A The Notice of Violation shall corn iiuiremr nts for such Notices. CX> C. Certificate of Occupancy. In the event that the Developer fails to c� maintain the affordable -workforce units in accordance with this Agreement or LDC § O O 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its underlined text is added, stFuek through text is deleted Page 7 of 31 a 0 a _ J _ a� E M U M O 0 0 0 0 N J a 0 0 LO Q. U M tM _ J _ E U W E U r a _ E U Ef Packet Pg. 550 9.A.3.f duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab 1111f1o. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effe 8. Notice. Any noti `f shall be in writing and shall either_ postage prepaid, to the P4rtigO` To the Commission: To the Developer: With copy to: e Parties. red or require:d�tO--fie given under this Agreement Oemnafly, delivered.; or shall be sent by mail, Collier CdU y i ' Housing an dman Services Department hoe Drive Suite 110 tiM ( 1, East Tamiami Trail. Buildina H. Suite ape Florida 34111204 James J. Fields 15544 Monterosso Lane #2 Naples, Florida 34110 1 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Housing and Human Services Department or its designee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added, strata 44fough text is deleted a 0 D a _ J _ m E M U M O 0 0 0 N J a 00 00 LO d Q C U m Ef Page 8 of 31 Packet Pg. 551 9.A.3.f hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restricljiei o . c " which shall run with the land and shall be binding upon the rty and agairist person then having any ownership interest at any tyme,ancf.ftime until thf Agreement is terminated in accordance with Section r, irties agree that if Developer transfers or conveys the l'r �c- i thet p rsorl', e9Pty Developer shall have no further obligation hereunder arhd any person se,' pg,to,�' *rce the terms hereof shall look solely to Developer's su o.r in interest for the 6Tf6rmance of said obligations. 12. Recording. This Agreeed at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties. hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable workforce, or gap housing unit shall be restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. underlined text is added, S<FUE'i through th-oug; text is deleted Page 9 of 31 a 0 a _ J _ E M U M O 0 0 0 0 N J a 0 0 LO 2 a c� m ., m c c c J G = _ m c E c n w E r a _ E U EI Packet Pg. 552 9.A.3.f a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable - workforce housing unit, it must advertise: sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable -workforce housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable -workforce units e. The and not segregated from, the f. The workforce, and gap housi V W-workforce housit nits shall be intermixed with, development. Design of the affordable., t rate dwelling units in the development. All physical amenities in the dwe m. wits, as described in item number p 41 seven (7) of the Developer Application for affordable �irkforce housing Density Bonus 'A. shall be the same for market rats ern is hd affordable -workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable -Workforce Housing Density Bonus shall be the same in both the market rate units and the affordable -workforce units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce, and gap units are the same within each phase and provided that in no event may a market rate unit or affordable -workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable -workforce housing units to which underlined text is added, sty iF f(e text is deleted Page 10 of 31 Packet Pg. 553 9.A.3.f the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 30 40 percent affordable -workforce housing units for this project, with 30 40 percent of the units in each phase consisting of affordable - workforce units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable -workforce housing unit or units, which units in the development are designated as affordable -workforce housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Man$3g r ent Plan a,7, �,Iand development regulations of Collier County that are in effect,a`fi'tf a time of develo en Subsequently adopted laws and policies shall apply to thi they are not in conflict the amount of afforda development. 20. Affordable -Work ner7t''and to the development to the extent that y,aff rdtle-workforce housing units and �11g dra�itybOnus approved for the t This Agreement is a distinct and seofato gr rari from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable -Workforce Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and a 0 a _ J _ E M U M O O 0 0 0 N J a 00 00 Ln Q. CD U m at:. _ w 00 = J J -- E o (� .tom o W _ E r a _ E U a agreements which may be reasonably required in order to effectuate the intent of the underlined text is added, � ^'gig; text is deleted Page 11 of 31 Packet Pg. 554 9.A.3.f Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, th Agreement to be executed a ATTEST: DW IGHT-E; ',13t,�OCK, `CleAtuA r <c ,. t oil#. fi. day and year caused this First Amendment to written. COUNTY COMMISSIONERS F L 0 R I D A Ie k By: To� nl lrig�'CHAI A N � Appr ed as to form and legal sufficiency: J, A go Assistant County Attorney underlined text is added, struek thFeugh text is deleted Page 12 of 31 0 a 0 D a. a� _ J _ d E M U M r O O O O O N J a. co 00 Ln 2 a 3 O Y to .sue c w� O> Lr J `b = Q .. M E O � r� L% O W C..n rr _ d E t t� w a E s r r a Packet Pg. 555 9.A.3.f Witnesses: Witness T V''�''// Priated NamePA- 1- 1 R1 (T Witness Pt IPrinted Name _" t STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing First Amend Gap Housing Density Property was a no, vft�Lr- &� 11: DEVELOPER: 0 - a B a, �e frt' By: C1 M 0 �R C N a. 00 00 Ln I .b rI Iq 77 n (to g e r�en AutFipriz�n� Affordable, Workforce, and And Imposing , nant$r nd Restrictions On Real O c�i Iced bgfore e ' S as rt. fit m rs,Personally k"to, me or has produced w 7, oo c as identi#icatibn � WITNESS my hand and official seal thi day o - • E My Commission Expires: REXFCCA PARATOK .} MY COMMISSION t DID 417346 EXPIRES. July 4, 2009 Bonded Thu Noley Pubic Undwrriten underlined text is added, f:uek through text is deleted o � b.u-' �7� o w a� ;_ Notary Public r a E t U cC i Page 13 of 31 Packet Pg. 556 9.A.3.f EXHIBIT A LEGAL DESCRIPTION All of Lot 103, NAPLES GROVES AND TRUCK COMPANY'S LITTLE FARMS NO. 2, according to the plat thereof, as recorded in PIat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. underlined text is added, s#eagtext is deleted Page 14 of 31 � u O w 0C .�A 0 CL 3 V M m J _ G1 R U w w m E s to Q r d E s to w r Q Packet Pg. 557 9.A.3.f APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE -WORKFORCE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family GAP INCOME (81-150% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL WORKFORCE INCOMEt (61-80% MI) Efficiency _ 0 I Bedroom 2 Bedroom 0 3 Bedroom 44 4 Bedroom 0 TOTAL 0 44 LOW INCOME (51 %-60% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom _24 underlined text is added, struck t4euo text is deleted Page 15 of 31 a D a as _ J _ a� E U 0 M 0 0 0 rn 0 N J a 00 00 Ln r 2 a c_he to c�. « c V J El :, Packet Pg. 558 9.A.3.f 4 Bedroom TOTAL VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 0 24 2 Bedroom _ 3 Bedroom 4 Bedroom _ TOTAL (1) Base residential de;nsi (2) Gross acreage .92 (3) Maximum number of development pur uan� (4) Gross residential den� ,s density bonus unit (5) Percentage of afford.41 percent of the total niu 44 89 units/acre. :workforce housin;iug nits in the deve underlined text is added, StFUCk thFeUgh text is deleted Page 16 of 31 units/acre. bonus units allowed in this )rdable-workforce housing fged by the developer (as a 30 40 %. a 0 �a a a n Y C:> V M CD .sue _ w CX> ra Lr J Cagy � E o R �P C) o W tf.7 +r _ d E L C1 R w Q _ d E s v r-� r.+ Q Packet Pg. 559 9.A.3.f APPENDIX A, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable -workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low, workforce, and gap income households in Collier County. The affordable -workforce housing density bonus rating system shall be used to determine the amount of the affordable -workforce housing density bonuses which may be granted for a development based on household income level, number- er• o a .-dable h�••���� type ef-af€ he�rs�g its-(owner-oee�ed erental, ��lyr os '* T) and �r percentage of affordable, workforce, and. -ap housing units in the development. To use the affordable -workforce housing density bin i 111dti r 1, Fables A and below, shall be used. Tables A and shall be reviewea updated if nedes,�On an annual basis by the Board of County Commissioners or its dgsinee. First, choose the household incomleve(rrtedli=at� to v, e'--very low, leiworkforce, or "aa ) of the affordable-work)'orco hoUi 11 g£�uli)(as)�*p i e ,iii the development, and !be in Table B, and detefmine the pee-r-ecant. Aeff of affordable housing unit proposed in t development Eempared ff the -total --number- of dui=a'�nis in the -development. Freft#is determinatinn Table 13 will ndieate the maximifn8um numbef f residential dwelling gross aer-e that may be added to the base densily, Next, determine the percent of that type of affordable -workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination Table A will indicate the maximum number of residential dwelling units per acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable - workforce housing density bonus (AWHDB) available to that development. Developments with percentages of affordable -workforce housing units which fall in between the percentages shown on Table 13 A shall receive an affordable -workforce housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable -workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable - workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable -workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. underlined text is added, stwslc-thFeUgh text is deleted Page 17 of 31 Q 0 D a as _ J _ a� E M U _M O 0 0 O 0 N J a co 00 LO 2 Packet Pg. 560 9.A.3.f Where more than one type of affordable housing unit (based on level_ of ineeme uiiu „,her of bedr-o nis shown in Table A) is proposeel for- a development, the affordable housing density bonus for each type shall be ealeulated separately in Table 13. Aftef the affordable housing density bonus ealeulatiofis for- eaeh type of aff4dable housing unit have been eempleted in Table B the aff-or-dable housing density, bonus for- eaeh type of unit shall be added to these for- the other type(s) te detemiine the maximum affordable housing density bonus available f0f: the developme In no event shall the affordable -workforce housing density bonus exceed eight (8) dwelling units per gross acre. underlined text is added, siruck thFOUgh text is deleted ON •L M U m m C J C d U W C U E t U co r Q C d E t U t6 Ef Page 18 of 31 Packet Pg. 561 9.A.3.f APPENDIX A, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS RATING (prior table deleted, current table follows] MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE -WORKFORCE HOUSING Household _ § c Product Income 10% 206 o Jo 40% 0% 70% 80% 90% 100% (% median 81-150%� a p MI * * * I '6 6 6 6 n/a (Gap) I Workforce 61-80% MI* 3 5 8 8 1 8 8 8 8 51-60% c"r Low MI 3 6 8 8 8 8 8 50% F Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Uwner-occupied only **May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable -Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. underlined text is added, stFUA thFough text is deleted a 0 D IL a� J _ d E M U le ca M 0 0 0 0 0 N J a 0 0 0 2 a C U M M C' CX V J El Page 19 of 31 Packet Pg. 562 9.A.3.f APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. $63,300 MEDIAN INCOME 2007 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY [prior table deleted, current table follows] 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,2 �14,�Q`1 100 121,500 129,900 138,150 80% 39,100 44,650 0 SS;BS� 0 64,750 69,250 73,700 60% 29,340 33,480 y:, 0 41,880 4�,� 6"` 48,600 51,960 55,260 50% 24,450 27,900 3 ,400 --- - 4,900 37,7 v40,500 43,300 46,050 35% 17,115 19,53 ;�1,�24,30 6,390 11 8,350 30,310 32,235 25% 12,225 13,95P ,15, 2)0,250 21,650 23,025 2 RI✓VIMENDED RENAL` RATES The Florida Housing Finance Co (FHFC) calcu tsnt to use in the State Apartment Incentive Loan (SAIL) and the Low-toi' na `Tax Credit (LIHTC) programs. The rents given below are based on 2001 data1iorm'FfWC."- ility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME jprior table deleted, current table followsl ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 150% $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 underlined text is added, stFuek thfough text is deleted Page 20 of 31 a 0 D a as _ =c J d E M U I* ILO CD 0 0 M 0 N J IL 00 00 LO Packet Pg. 563 9.A.3.f UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. /C5/ underlined text is added, struck thFOUgh text is deleted Page 21 of 31 Q 0 D a as =a �a J as E M O 0 0 rn 0 N J IL 0 0 Packet Pg. 564 9.A.3.f APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE -WORKFORCE HOUSING UNIT Date Occupancy Desired: Your Name: Co -Tenant Name Present Address: Street Name of Landlord _ Landlord's Address: Date of Application: Amt. Of Sec. Deposit:_ Race/National Origin: Handicap: Yes No Race/National Origin: Handicap: Yes No City State Zip Telephone No. How Long at this Address: Street City State Telephone No. If you have resided at your present. de less than° s ase state previous address: Street City MaTel hone No. Name of Previous Landlord 3 i Street City State .`'Telephone No. APPLICANT: Present Employers Name . Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title underlined text is added, s#aea'thFeugb text is deleted Page 22 of 31 Monthly $ a 0 2 a 3 n V m w 00 C C." J Packet Pg. 565 9.A.3.f Gross Salary: Hourly $ Social Security Number Previous Employers Name Address and Telephone No. Weekly $ Every 2 Weeks $ Monthly $ Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 2. _ 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address:_ 2. Name: Address: s 3 a Ek i �' lt-, A underlined text is added, stFUCk thFOUgh text is deleted SOCIAL SECURITY How Long Known: How Long Known: Page 23 of 31 Packet Pg. 566 9.A.3.f APPENDIX B, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co -Tenant's Name: : Social Security Number Social Security Number Present Address: Street City State I hereby make application for a single family unit at _ I hereby declare and reveal all of my sources of income. Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this. -.form s-d e,ffor refusal of occupancy. I hereby certify that this will housing. that I have no other assisted I understand that this informajio.,t i. f e ur qse -oaf, mp ttmg my annual income to determine my qualification o b y �n�fo d b , v drl c�c °or, gaps housing unit. I understand that I am not required to su ' d West or rights oikpj timed property, pensions or capital gains, etc.'" " j A�ttt Co -Occupant Amount Freuency Amount Frequency Received of Pay Wages/Salary Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ underlined text is added, StFUGk thF@Ugh text is deleted Page 24 of 31 Q 0 D a a� _ =c J _ d E M U I* to M 0 0 0 rn 0 N J IL co 00 LO Packet Pg. 567 9.A.3.f Union Pension $ $ $ $ Self -Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. e ,h underlined text is added, struck thFOUgh text is deleted Page 25 of 31 a 0 D a a� =a �a J d E t� M 0 0 0 rn r O N J IL 0 0 0 �a •L w �a a 3 0 FCC w 00 J rd = � d E n R ~' W 00 _ d E L 0 w Q _ d E s V r-� r.+ Q Packet Pg. 568 9.A.3.f APPENDIX B, EXHIBIT C AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Street I, (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was ac)lcnc Who is personally known to �me identification. r VrA Witness my hand and (notary seal) My Commission Expires: Job Title: City State Zip hereby authorize the release of information requested ��. C Signature of Applicant {�i -'off' as l seal this (of/ 2008 Y C .� Notary Public underlined text is added, stweI-threUgh text is deleted Page 26 of 31 Q D a a� _ J _ a� E U M r O O O O O N J a co 00 Ln •L as 2 E s r Packet Pg. 569 9.A.3.f EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledg Who is personally known'tp,irit identification. Witness my hand an' off` i (notary seal) ; My Commission Expires: 44 '� THE CERTIFICATION HERE REQ`I INCOME TAX RETURN FOR EACH AFFORDABLE -WORKFORCE UNIT. Supervisor .� . ( 4l before me by,. or has produced m Annually as f►11: Notary Public j Y TAKE THE"',,"'(M OF THE MOST RECENT YEAR'S FILED AND WILL OCCUPY THE underlined text is added, str-uek text is deleted Page 27 of 31 a D a a� ITS J _ d E U M r O O O O N J a 00 00 a 2 Packet Pg. 570 9.A.3.f APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Human Services Department. All items requested must be provided. .. 1. Please state what zoning diaf'. are proposed' acreage of each; RPUD-902 -- 2. Has an application licant, if any, on the property and the with the affordable, workforce and gM housing Density bonus? it1 i X Yes, No � If yes, state date of application -04 and if the n $f l�s been approved, state the " 'r Ordinance number 05-63. ::mow 3. Gross density of the proposed develop end �� 10.89 units/acre Gross acreage of the proposed development. 9.92 acres 4. Are affordable -workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe RPUD, located a at the northeast corner of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant: N/A 6. Please complete the following tables as they apply to the proposed development. underlined text is added, stFU& thFOUgh text is deleted a D a. a� _ J _ d E U M 0 0 0 rn 0 N J a. 00 00 Ln •L as a 2 &-I= _ 9 Q -- '0 El ,� Page 28 of 31 Packet Pg. 571 9.A.3.f TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL TABLE II GAP INCOME 81-150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 108 0 -` -09 Number!of Affor, bl - "r `ors u i Uni s r' r>tab `'dill to 'c`' r0n t se}follbws T t I umI g of Pro os d iIJ or t'idbfie-Ur1Z- lenstt nits Units fix aUnitsRn ` to Rental Owner �- 4ental Occupied 0 In accordance with LDC Section 2.06.03.D. — All owner occupied underlined text is added, ��^'��, thF@Ugh text is deleted Page 29 of 31 Q 0 D a a� _ J _ G1 E M U M 0 0 0 rn 0 N J a co 00 LO v Packet Pg. 572 9.A.3.f WORKFORCE INCOME 61-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other 44 44 TOTAL 44 In accordance with LDC Section 2.06.03.D. — All owner occupied LOW INCOME , 51-60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom _ Other"_T� . :,; TOTAL 0� VERY LOW INCOME 50% OR LESS MI Efficiency _ 1 Bedroom _ 2 Bedroom _ 3 Bedroom _ Other _ TOTAL 0 _ underlined text is added, stmek thFOUgh text is deleted Page 30 of 31 a 0 D a a� _ J _ a� E M U 0 M r O 0 0 rn O N J a 00 00 2 CL � m w za co = CJ J Q M o E N Ci C� W w a� s a E s a Packet Pg. 573 9.A.3.f 7. Please provide a physical description of the affordable -workforce units by type of unit (moderate, low-, very low income, low income, workforce income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings o used throughout the unit (carpeting, the vinyl flooring); window treatments; appliances provided a � such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust r_ J fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. 0 lCoo err , L,o al A DDI RTTITY Tl lE4 :.i CIRRUS POINTE PUD M 0 PHYSICAL DESCRIPTION OF AFFORDABLE WORKFORCE HOUSING UNITS 0 rn There will be a minimum of or rce Housing Units in the Cirrus Pointe PUD. These A��le Wd iCe Housing Units �li-b comprised of 4-0 44 three-bedroom00 00 LO -A, Ineeme ineeme3 Units. All Affordable Workforcd �,a� l b .soldAo.bwrl`O-t as owner -occupied multi -family a units. Each unit will co a standard with carpets the,jos, refrigerator, dishwasher, stove, c washer/dryer, basic lightinila fan package, and bhroms will have ceiling exhaust fans. _ g�e , C-A The three -bedroom units will haviirroditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. c _. E The entire community will consist of up to 108 multi -family homes and the units that are not c� w designated Af€e e Workforce Housing Units will be offered as moderately priced multi- E family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool/cabana, fountains, sidewalks and gated security. a E 8. Please supply any other information which would reasonably be needed to address this request for 0 r an affordable, workforce, and gap housing density bonus for this development. Attach additional a pages if needed. underlined text is added, stftek thFOUgh text is deleted NAPLES.557212 v I Page 31 of 31 Packet Pg. 574 9.A.3.f 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: Which was on the 22nd day o WITNESS my County Commissi day of July, 2008. ;NANCE 2008-38 iy the Board" ng t� cfF�cia e of Collier C4, nty, 'F 4u" u ty Commissioners ar Session. f the Board of ida, this 30th DWIGHT E. BROCK �'� Clerk of Courts aii6 -Cler Ex-officio to BdarOv"bf County CommissiAn6o "' y aut�' r , ♦ . By: Ann Jennejohn, Deputy Clerk Q 0 D a a� _ J _ m E M U M r O O O rn 0 N J a co co LO v 2 a � 3 O 0 70 w Packet Pg. 575 9.A.3.f TERMINATION AGREEMENT THIS AGREEMENT. as entered into on the day of , 2020, between KHD DEVELOPMENT GENERAL PARTNERSHIP (hereinafter referred to as the "OWNER"), and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "COUNTY"). WHEREAS, James J. Fields and the COUNTY entered into an Agreement authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property in 2005 (hereinafter "Agreement"), a copy of which is attached to Ordinance No. 08-38 and recorded in Official Records Book 4385, Page 394 of the public records of Collier County: and WHEREAS, KHD DEVELOPMENT GENERAL PARTNERSHIP, as successor to James J. Fields, has petitioned the County to terminate the Agreement. NOW. THEREFORE, the parties hereto agree as follows: The Agreement is hereby terminated upon the effective date of the Camden Landings Residential Planned Unit Development. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the date and year last written below. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL. CLERK OF COLLIER COUNTY, FLORIDA Deputy Clerk WITNESSES: 13 Burt L. Saunders. Chairman KHD DEVELOPMENT GENERAL PARTNERSHIP 111 By: Sinn ture Printe&Typed Name (2) Signature -rakme- VA a P/ Printed'Typed Name Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney l 14-CPS-01448I1 6959 1133 3420 Packet Pg. 576 9.A.3.f RESOLUTION OF KHD DEVELOPMENT GENERAL PARTNERSHIP, a Florida general partnership Pursuant to the general partnership agreement, as amended, of KHD Development General Partnership and all applicable laws permitting such action to be so taken, the undersigned, and each of them, together constituting all of the general partners cf the Partnership. hereby consent in writing to the adoption of the following resolutions: WHEREAS by way of a general partnership agreement (hereinafter referred to as the "General Partnership Agreement") made and entered into as of the 10th day of April, 2018 by and between KMK Development Corp (hereinafter referred to as "KMK Development"), Hatcher Development Corp (hereinafter referred to as "Hatcher Development") and Dobbin Development LLC (hereinafter referred to as "Dobbin Development"), the parties entered into and formed a partnership with the name KHD Development General Partnership, a Florida general partnership (hereinafter referred to as "KHD Development");, AND WHEREAS by way of a general partnership agreement amendment (hereinafter referred to as the "Amendment") made as of the 24th day of June, 2020 between KMK Development, Hatcher Development, Dobbin Development and KHD Development, the parties therein amended the General Partnership Agreement, as set forth therein; AND WHEREAS by virtue of the General Partnership Agreement and the Amendment, KMK Development and Dobbin Development are all of the general partners of KHD Development, AND WHEREAS KHD Development has submitted all required documentation to amend an existing Planned Unit Development, Cirrus Pointe and rename the project Camden Landing. The rezoning documents will be brought before the Collier County Planning Commission and the Board of County Commissioners for approval AND WHEREAS Kevin King is President of KMK Development; RESOLVED: KMK Development and Dobbin Development, as the general partners of KHD Development, hereby confirm that the aforesaid recitals are true and correct and, without limiting the generality of the foregoing, that Kevin King is President of KMK Development; RESOLVED: That Kevin King is hereby authorized, empowered and directed to execute and deliver for and on behalf of KHD Development all rezoning documents as required; RESOLVED: That Kevin King is hereby authorized, directed and empowered to execute and deliver for and on behalf of KHD Development all such other agreements, documents and instruments (collectively, hereinafter referred to as the "Related Documents"), and to take such further and other action, as Kevin King may consider necessary or desirable in order to endorse KHD Development's obligations; and RESOLVED: That this resolution may be executed in any number of counterparts with the same effect as if all managers had signed the same document. All counterparts shall be construed together and shall constitute one and the same resolution. A Packet Pg. 577 9.A.3.f facsimile or PDF copy of this resolution signed by a general partner of KHD Development or the signature in electronic format of a general partner of KHD Development shall constitute the valid and binding signature of such general partner with the same effect as if it were an original signature endorsed on this resolution. ti Dated this 5 day of September, 2020. KMK DEVELOPMENT OR DOBBIN DEVELOPMENT LLC Packet Pg. 578 9.A.3.f AFFIDAVIT OF COMPLIANCE Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a. Cirrus Pointe) RPUD Amendment 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, an of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. Sharo penhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this July b, 2020 by Sharon Um enhour as Senior Planning Technician for Q. Grady Minor & Associates P.A., who is personally known to me. CABIN J. DWYER =. • �: MY COMMiSSION # GG 982357 :_�: (Signature Of tart' Pub11C�=''Fosdyc EXPIRES: May 14, 2024 Bonded Thru Notary Public Underwriters Carin J. Dwyer Printed Name of Notary Packet Pg. 579 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a. Cirrus Pointe) RPUD Amendment A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, Q P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing KHD a Development General Partnership (Applicant) will be held on Monday, July 20, 2020, 5:30 pm at the a - Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 34104 (attendees are required to wear = masks). c J KHD Development General Partnership has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan (GMP) Amendment and a Residential Planned Unit Development (RPUD) Amendment. The GMP amendment proposes to revise the Future Land Use Element's (FLUE's) Bayshore/Gateway Triangle Redevelopment Overlay to enable the development of 127 market rate residential dwelling units, using 97 units from the Density Bonus Pool. The companion RPUD amendment proposes to Mo amend the 9.93+/- acre Cirrus Point RPUD (n.k.a. Camden Landing RPUD) to construct a maximum of 127 c multi -family dwelling units and to eliminate the previously approved Affordable Housing Density Bonus Agreement. N J The subject property is comprised of approximately 9.93± acres, located on the northeast corner of the • a - intersection Thomasson Drive and Bayshore Drive in Section 14, Township 50 South, Range 25 East, Collier o County, Florida. � � ■r ■1111■111� � ■ �' � � .°•�.��'��,.�.�� �• ,■ I■nulw�l■1■' ■ ■1■Irl■uunl�♦ .•.�� M= ummulunll>• iii� ■ _■ rrruumnrrrrrrrl� ` �j += �■ rrrrrrrrrrnrrErrrr�, ■ ■�1 ■ _-Project �Illlil11111 -�_ rrrrrrrnurrro.rr�v.�, ■ rq� �- !i' S rrarnrnurr�.rrrrrri. �� �% � 11 • � ■1 rum {r_.�� ■.■`.. �■ rirrrr a`�� . - � . - . . +. .�lermuritiiiufrrirr�p S � rilir r r iiii rrniir iislu�l � � ��•�% � � � . � �Illlllllllllllllllllr a �Ilrlllllllllrlllll■r -CIIIIIIIIIIIIIIIIIIII 11131 :IIIIIII■1■IIIIIIIIIIII Location Map -unuulnlnml° ��I ������ If you are unable to attend the meeting or have questions or comments, please contact Sharon Umpenhour at Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134, sumpenhour(aD_gradyminor.com, phone 239-947-1144, fax 239-947-0375. Project information is posted online at www.gradVminor.com/planning. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Q. Grady Minor & Associates, P.A. 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Z W W W W- U m> 0 O W W 0 K K W 2 0 0 0 Q W IzzZZ5W Z w' O O W- 4�Q W f N R w x K LL' Q m m U F}}}} M m Z W Y N N J¢ W Z�' 2 z QLL }X�gw ¢ w LL¢ Z LL, LL, Q 7 0 0 0 Q Q W W W- F x Q J LL MF-� Ww.wooLj Ljdo oo mzZNzokw W ¢Q wm}5c�c�mLLKKKK z0000��3om W zc��J w w w x W W � LL---- 0 0 0 0 u7 u7 }} N N N N N N N N NEIGHBORHOOD INFORMATION M Petitions PL20190001387 Meridian Landings (GMP 9.A.3.f PL20190001364, Camden Landing (f.k.a. Cirrus Pointe) RPUD Amendment A Neighborhood Information Meeting hosted by D. Wayne Arnold, Al of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, E a of Coleman, Yovanovich & Koester, P.A., representing KHD Development G 0 ral Partnership (Applicant) will be held on Monday, July 20, 2020, 5:30 a- at the Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL c 34 (attendees are required to wear masks). KHD Development General Partnership has submitted formal applicati �a to Collier County, seeking approval of a Small -Scale Growth Managemer an (GMP) Amendment and a Residential Planned Unit Development (I E D) Amendment. The GMP amendment proposes to revise the Future Lar c) se Element's (FLUE's) Bayshore/Gateway Triangle Redevelopment Over to enable the development of 127 market rate residential dwelling units, o 11g 97 units from the Density Bonus Pool. The companion RPUD amen c nt proposes to amend the 9.93+/- acre Cirrus Point RPUD (n.k.a. C, r' an Landing RPUD) to construct a maximum of 127 multi -family dwellinc J its and to eliminate the previously approved Affordable Housing Density a. us Agreement. 00 The subject property is comprised of approximately 9.93± acres, local 00 an the northeast corner of the intersection Thomasson Drive and BayshorE V ve in Section 14, Township 50 South, Range 25 East, Collier County, Floric — WHIHM I'; r 4 3 .Y - v - J 1p' rhiprnas"n maffsom LNLu -� — SUBJECT PROPERTY U _ 7 E tv r E If you are unable to attend the meeting or have questions or comn Is, please contact Sharon Umpenhour at 0. Grady Minor and Assoc rs, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134, sumpenl a @ _gradyminor.com, phone 239-947-1144, fax 239-947-0375. P.-pact information is posted online at www.gradyminor.com/planning. The Neighborhood Information Meeting is for informational Packet Pg. 586 of a public hearing. No-GC10446263-01 9.A.3.f From: Sharon Umpenhour To: Shirley.Garcia(ccbcolliercountyfl.gov Subject: Camden Landing RPUD - Bayshore and Thomasson Date: Wednesday, July 01, 2020 4:30:00 PM Attachments: ND-GCI0446263-01.Ddf Good afternoon Shirley, I wanted to provide you with a copy of the ad for our July 20, 2020 Neighborhood Information Meeting, which will post in the Friday, July 3, 2020 edition of the Naples Daily News. Letters will be sent to adjacent property owners also. Regards, Sharon Umpenhour Senior Planning Technician GradyMinor Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone - 239.947.1144 Fax - 239.947.0375 Email - sumpenhourQgradyminor.com Web - http://www.gradyminor.com DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is intended only for the addressee(s) named above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file/data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic file/data with the approved and certified "plan of record" along with actual project site conditions. Q. Grady Minor & Associates, P.A. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. Packet Pg. 587 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 PLEASE PRINT CLEARLY 'Mease be advLsed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government p agency. If you do not want your e-mail address, phone number or home address released if the county receives a a public records request, you can refrain from including such information on this sheet. You have the option of a) checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. J NAME: 'C} �f`I�G� EMAIL: 6'flf%�l%L�o��i1dD,CQ/7' ADDRESS: PHONE: m M T NAME: EMAIL: �r56-e (-OVA -t5t- Re �1 ADDRESS: �s��PHONE: N J a NAME: EMAIL: 00 00 LO ADDRESS: I PHONE: - — � �L i NAME: EMAIL: f Y � 1 ADDRESS: PHONE: m a� c NAME: EMAIL: c ADDRESS: PHONE: J m NAME: EMAIL: v w ADDRESS: PHONE: c m E U NAME: EMAIL: Q ADDRESS: PHONE: a� E c� NAME: EMAIL: a ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 588 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001304, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 PLEASE PRINT CLEARLY ***PLease be ndv�_"o*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government p agency. If you do not want your e-mail address, phone number or home address released if the county receives a a public records request, you can refrain from including such information on this sheet. You have the option of a� checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. l NAME: °L EMAIL: Sj to G:Q UA4 e � 6 co ll'ie cam J a L,l Gt_rrL �rl e i c� E ADDRESS: r'� } PHONE: oL g'�i1' M NAME: �` EMAIL: T c rL���p o$ ADDRESS: PHONE: o N J a NAME: EMAIL: 00 00 v ADDRESS: PHONE: v 2 �L NAME: EMAIL: Q. ADDRESS: PHONE: c� m a� c NAME: EMAIL: c ADDRESS: PHONE: J c m E NAME: EMAIL: v w ADDRESS: PHONE: c m E U NAME: EMAIL: Q ADDRESS: PHONE: c a� E c� NAME: EMAIL: Q ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 589 NEIGHBORHOOD INFORMATION MEETING 9•A.3.f Petitions PL20190001387 Meridian Landings (GMPA) and PL20190001364, Camden Landing (f.k.a Cirrus Pointe) RPUD Amendment July 20, 2020 REMOTE ACCESS PARTICIPANT LIST a NAME: Michael Sherman EMAIL: msherman48@gmail.com ADDRESS: PHONE: NAME: Donna McGinnis President and CEO of Botanical Gardens EMAIL: dmcginnis@naplesgarden.org ADDRESS: PHONE: NAME: Mike Brewer EMAIL: Unknown ADDRESS: PHONE: Unknown NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 Packet Pg. 590 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Wayne Arnold: Good evening, everybody. I'm Wayne Arnold. We're gonna go ahead and start our neighborhood information meeting. And we're here to hold a neighborhood information meeting for the Meridian Landing, small scale Plan Amendment and the Camden Landing residential planning unit development. These are for properties that affect properties that are the northeast corner of Bayshore and Thomasson Drive. Many of you are familiar with that location, obviously, and this is an existent PUD known as Cirrus Point and we're modifying the name and making some other provisions to change the density. We're going to go through a short presentation to discuss that. We do have people listening remotely on telephone so it will be important to try not to talk over one another. We have another microphone set up so when we get to the Q&A portion people can come and ask questions. I'm trying to one record it and two make sure that the people on the phone can hear us as well. I wanna make a few introductions. We have Michael King and Greg Wardeberg both from the applicants. They're with, um, the head waters development and KHD development. Rich Yovanovich is our land use counsel. You know Rich. And Sharon Umpenhour is here, and she is recording the meeting and taking notes for us. Um, from the county and are visiting with us tonight is James Sabo from the zoning department and Sue Faulkner from our comprehensive planning department and they're here to answer any questions you might have ask specifically of staff but this will be our meeting. We're gonna go ahead with a short presentation to kind of go ahead and tell you a little bit about the modifications we're making to the project. Tony, if you could advance that to the next slide, please, number three. Sharon Umpenhour: We're on slide number three if you have a copy of the presentation. Wayne: Thank you. This is a location map. Highlighted in the center, we have the Camden Landing. This is the vacant property. Some of you who live in the area I'm sure have [speaking in background] seen the construction equipment stationed on site. Sharon: Yeah, that's fine. Thank you. Wayne: And that's, um, going to be part of the road improvements that are taking place on Thompson Drive. Across the street from us is Mattamy Homes project that is under construction. North of us is the Abaco Bay project and north of that is Botanical Place. And then of course Del's is immediately south of us and across the Page 1 of 9 Packet Pg. 591 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM street caddy corner is the botanical gardens. So, I think we're all pretty familiar with the location of the project. Tony, if you could advance the next slide, number four. This again is another inset showing you the property that's, um, it shows a closer up of the property itself. Part of this vegetation is gonna remain as our preserve and I'll go through the master plan in just a moment. Um, next slide, please Tony. So, again, we're modifying the future land development of the comprehensive plan to the Bayshore overlay to make provisions for our increase in density. We're proposing to go from the existing 108 dwelling units to 127 dwelling units. The existing approval that allows 108 dwelling units is, partly through an affordable housing density bonus and it requires us to build affordable housing. The project that is proposed before you today with 127 units would be all market rate units. Next slide, please? This is the actual language but I'm not gonna read through all of it but it talks about the 127 market rate units on the 9.93-acre project. One of the overlays I mentioned, and it has several provisions for density increases and none of those apply to this specific piece of property which is why we need to do the modification to the comprehensive plan to allow the density that we're seeking. We're also modifying the master plan. We're adding new development standards and we have couple of deviations that we've added to the project. Next slide, Tony. This is our density calculation. To get to the 127 units, we're utilizing the base density calculations available to us and then we're also proposing to utilize 97 of those bonus units that are available to projects in the Bayshore corridor. The language, we're modifying in the comprehensive plan talks about this site utilizing up to those 97 units to achieve the total 127 units. Next slide, Tony. This is the comprehensive plan language and I know it's difficult to read on the screen. Again, we're modifying two sections of the comprehensive plan to add provisions for the use of the bonus units to achieve the 127 units on this site for market rate housing. Next slide. We have two deviations. One is a minor deviation we're asking for related to parking in the clubhouse. We don't believe this site given its size and compactness needs all the parking that the county would tell us we need for clubhouse facilities since it's going to be largely a pool and a small cabana with bathrooms. So, Page 2 of 9 Packet Pg. 592 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM we've asked for deviation from that parking standard. We're also asking for an open space deviation which is not very typical for projects but in residential projects, Collier County can have 60% open space. But we're talking to Collier County about dedicating right-of-way that they need for the Thomasson improvements. And with that loss of acreage, we go below 60% open space that we would otherwise achieve. So, we've asked for deviation from that standard to allow us the 54% open space from the required 60%. Next slide. The approved master plan, this north is up on the screen it shows you a preserve area on the plan and a large area with the development envelope. Next slide, please. On this one, we've added more detail to the proposed master plan. It shows you the conceptual building locations. We've made the preserve a lot more legible in terms of its location and we're showing you the internal circulation as well as our clubhouse amenity which is labeled AA on that plan. Again, this is 9.93 acres, 127 units. We're proposing these units will be four stories over parking. Next slide, please. The applicant has been working with a local architect and landscape architect. This is the conceptual rendering of the master plan. It just shows you some of the landscaping and preservation area in place, how this looks from the aerial perspective. And the next slide, Tony, shows you a couple of renderings that highlight the entrance to the project and you can see the four story over parking buildings. And, um, that's our short presentation of what we're proposing. Rich, if I didn't leave anything out in terms of the presentation? We're happy to open it up to questions and try to answer them. Sharon: I would take the people on the phone first and — Wayne: And I was just gonna ... For those folks that are on the telephone, if you have any questions, if you'd let me know we'd be happy to take you first. Michael Sherman: How tall are the structures? Wayne: The structures are four stories over parking. We have specific development standards in our development table. It's a PUD document. They would be 61 feet zoned height which is sort of the average building height. We've asked for the actual building height which is the highest peak point of the building is 71 feet. Michael: Thank you. Page 3 of 9 Packet Pg. 593 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Wayne: And that was, you said Michael Sherman just so I can get that noted for the record. Thank you. Michael: That's okay. Can I add one more question? Do you know the height of Botanical place? Wayne: Yeah, I think I have that written down. Can you give me one moment? Let me find my note sheet on that and I'll be happy to tell you. Michael: Sure. Wayne: Maybe we could take another question while I'm looking for my sheet. I've got all of those numbers written down. Any other questions from anybody on the phone? Okay. Anybody in the audience? Come on up. If you don't mind coming forward. Um, this is Mike Sherman again. Go ahead. Michael: Yeah. I had one more question about the parking. I'm not sure I understood, where it [inaudible]. How many parking spaces do you have per unit? Wayne: I believe we're providing two parking spaces per unit for the, units themselves. Most of those are underneath the building and there are some surface level parking on site. Michael: Thank you. And what is the, what is the variation of the amenity? Wayne: The variation for the amenity, the counties got a formula based on square footage of the pool area etcetera. We believe it's only necessary to provide for handicap parking and a couple of drop off spaces given the proximity to the clubhouse and all the units. It's not an amenity where everybody would have to drive there. So, we don't wanna provide additional parking and take away further from the open space in the project. Michael: Okay. Looks great. Wayne: Okay. And I'm gonna come back to you on the height for Botanical place as soon as I can my note sheet, okay? Michael: Yep. Wayne: All right. Thank you. Page 4 of 9 Packet Pg. 594 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM [inaudible — crosstalk] [00:09:45] Michael: On the approach, um, cost of the units from marketing steps? Wayne: Um, I could tell you that the price for the units are not yet determined. They are going to be market rate. Greg Wardeberg here can certainly try to address that and tell you what they think the price points are possibly at the base mark but I think we all realize it's a changing market and, um, what it is today may not be what it will be when it comes out of the ground in another many months. So, Greg, do you wanna take a shot at that? Greg Wardeberg: Yeah. So, we've, um, we've worked on that and what we're starting with right now is we have four different sized plans and our smallest plan would be in the $350,000 range and our largest plan would be roughly about $700,000 is where we're at right now. If that helps with your thoughts there. Michael: I was wondering the plan for the sizes. Greg: They start at — Wayne: We're talking about another question, Greg? Greg: Yeah. He's wondering what size the units are now and so the smallest unit is 1500 square feet and the largest unit is 2400 square feet. Those are both under air so they balconies and those are approximates as well. Michael: Okay. Cool. Wayne: And, again, I have the Botanical Place information in front of me now so let me go ahead and tell you a height for those. For the multifamily buildings, they allow a height of 50 feet and four stories. That was written in the PUD document. I don't know what their actual height is that's been constructed but the PUD allows it to be 50 feet and four stories so I'm assuming that a four-story maximum height not to exceed 50 feet. So, I would have said that this is an older document so that is the height for Botanical Place that's built. Michael: Okay. Thank you. Wayne: Okay. I'm gonna move on to one of the speakers here in the audience that's got a question. If you wanna come back up, sir. Just if you could please state your name. Page 5 of 9 Packet Pg. 595 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Al Schuntzer: Al Schuntzer, Canal Street. The question I have is are you gonna be bringing this back from the CRA board or the [inaudible] [00:12:04] the recommendations? Wayne: Just so it's clear for everybody listening, the question was are we gonna be bringing this back before the CRA board for their approval or disapproval before we move forward. Mr. Wardeberg made a presentation I think that was maybe on March second to the CRA advisory board. It was early in March that meeting. Al: Yeah. It was probably, that was originally there wasn't a [inaudible]. Wayne: There was a vote taken at that meeting. I wasn't in attendance, but Greg was. I don't know the reports of the status of that meeting, but I do believe that there was a vote taken by the CRA advisory board in support of the project. Debra Forester: I have the minutes from that meeting if you — Wayne: Deb we can't hear you back there. So, if you don't mind Debra: It could be because I have a mask on. Wayne: It could be, and you can take it off if you feel comfortable doing that. Debra: It's Debra Forester. I have the, um, minutes from that meeting. I think they were signed because I noticed, and I didn't see an actual vote from the board. Um, it does talk about having a meeting, the neighborhood information meeting. So, I think that's Mr. Schuntzer was wondering if after this meeting and all of the comments that you receive of staff if you would be coming back to the CRA board for a vote. There were a couple of items, um, in that changed to your PUD document such as the removal of the fair share for the roundabout. And I think the heights for the building as well was discussed at the meeting. Um, some folks have raised that issue. So... Wayne: Debra, if you could let us know your schedule for an upcoming CRA advisory board meeting, that would be helpful to us. Debra: So right now our next meeting is not scheduled until that first Tuesday in October. I don't know what your schedule is. There is an opportunity, of course, to have a special meeting which we Page 6 of 9 Packet Pg. 596 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM might have in September for another issue. So, um, again, I'm not sure when you're planning on going forward to the planning commission if you want. Wayne: Okay. Thank you, Debra. Any other questions from the folks? Yes. Come on forward. Al: Al Schuntzer again, Canal Street. In reference to your density increases to, 127 from 108 and going market rate with without any kind of affordable housing criteria and having minimal amount of amenity spaces so that you're requesting less parking plus the open space from the previous plan that I see. It's gotten cut quite a bit back on, from the front corner. And I guess there's gonna be no give way give back on the planning [inaudible] [00:14:51 ] participation in land to get the [inaudible] properly placed down there. So, those seem to be things that need to be worked through to work with the planning commission to see if it really fits at five stories with that type of density. Um, the other, the other concern that I have is storm water and, I don't see in your plan there that you went through, any retention ponds and such like that. And if you were going to do your runoff into that Lake Kelly ditch that's next to your property there if that's where the storm water is gonna go and where the [inaudible] ponds gonna be on this particular plot. If you could address that. Wayne: Okay. The question just to make sure everybody heard was regarding two things. One was the water management and the other was right of way related to the roundabout the county is discussing. I will try to adress the water management. And it's proposed on this site we would be treating the water that comes off the parking areas and building and then discharging it to the preserve areas that are around the perimeter of the site. I believe it ultimately discharges into the ditch but it's after we treat the water and pull back according to water management district criteria for that. And then according to the plan whether we did 108 units or 127 units we're proposing, with regard to the right of way, the language that Debra referenced that we took out was staff had requested that we donate that for the [inaudible]. I think our comeback to that was there needs to be some consideration given to the cost for that right of way whether it's impacting credits or some other amount to be determined. But it wasn't a giveaway direct to the county. So, we're still working through that. Page 7 of 9 Packet Pg. 597 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM Al: But you're getting the density units. Wayne: Well, hang on. Let me make sure the comment you just made was but we're getting the density units. That is correct. And we've also heard from the CRA advisory board and others in the community that they didn't want affordable housing on this site. So, we're trying to deliver a market -rate product that responds to what the wishes for the neighborhood are. Rich, do you need to add anything else to that? Other questions and comments? Anybody on the phone have any other questions or comments? So, going back to the comment that was regarding the upcoming Planning Commission. We don't have hearing dates established for the project and we will be working toward the planning commission and ultimately the county commission. I'll have to discuss with our team about the CRA advisory board meeting. It doesn't seem like that would conflict with our public hearing schedule that's otherwise there. So, chances are we'll be back before the CRA advisory board at least to tell them where we are in the project at that time. So, if there are no other questions or comments, I guess we'll adjourn the meeting. You have another comment? Yes, sir. Come on up. Al: Yeah. Al Schuntzer, again. If you could be specific on what the deviations are that you want to the land development and what kind of deviations to the general the growth management plan, what you're asking for there. Because from what I understood, you just said is that the units behind it, the apartments behind it were at 50 feet and you're looking to go to 71 feet which doesn't really fit in. Is that part of growth management plan? Are you asking for a deviation from that in the growth management? Wayne: The, the question relates to the building heights largely and there is nothing in the comprehensive plan that limits our building heights and it's not a deviation from the code each planned development can establish its own building heights. The heights we've established will, allow our client to achieve a very I think standard for today's modern condominium type buildings. Units that have, you know, probably clear 10-foot ceiling height inside and you're got mechanicals in between each floor. So, you're probably dealing with anywhere between 11 and 12 feet per floor over parking. That's how we get to the 61 feet for our zoning height. Actual height is a different measurement that the county employs. Most of the other PUDs in this area don't have actual height but the county now uses an actual height which establishes sort of a maximum height from the road crown nearest your site to the very Page 8 of 9 Packet Pg. 598 9.A.3.f Transcript Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 July 20, 2020 NIM tip top of the apartment building. Al: So, that's from ground 71 feet? Wayne: Yes, it is, sir. Al: And then road crown is around eight feet? Wayne: I don't know the actual elevation of that, sir. For me, it's easier to ... I think of it as four stories over parking and what our actual height is gonna be. Any other questions or comments? Are we adjourned? All right. Thank you. Have good night, everybody. I appreciate everybody participating. 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Staff made a presentation regarding the applications and discussed their requested modifications to the project which included requests to reduce project density, lower the building height by one living floor, pay monies for use of the bonus density units and make additional payments toward a public art fund. Members of the Advisory Board asked questions of the applicant regarding surrounding building heights. A member also questioned whether the buildings could be reduced in height and whether the applicant would agree to pay for the use of the bonus density units. Mr. Yovanovich, representing the applicant, indicated that in order to develop the market rate residential project in lieu of the currently approved affordable housing project, the Developer cannot agree to lower density or building height. Commissioner Donna Fiala was the sole public speaker for this item and her comments reflected support for the market rate option to further the intent to improve the Bayshore area. Members of the Advisory Board discussed the proposed building height and density and by a vote of 5-2 approved the project as proposed by the Developer with agreement that enhanced landscaping would be provided as depicted in the presentation images. November5, 2020 © GradyMinor Page 1 of 1 Meeting Summary Nov 3 2020 CRA PL2019-1387 and 1364.docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.co Packet Pg. 615 LJ .fir jp L 4.1p Lufl, Z _j LU cod BAYSHOREDJ?ivi � - -4-f- - Ma ipp-49� tau 0 0 0 ii -4 LLI. "NOT. 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V. 2 t 3Aa f a Y W Q O F mom 0i u "W"I'mm r 16 I_ P-pra- I_ z _ N 11 Ln v �i O Li P7 v J Of 11WI, WA 1 9.A.3.g CYK COI.EMAN 1 YOVANOVICH 1 KOESTER August 17, 2020 Mr. Leo E. Ochs, Jr., County Manager Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 T:239.435.3535 1 F:239.435.1218 Ezncril: zyovanovich cyklawfii coin RE: Public Petition Request - Cirrus Pointe PUD k/n/a Camden Landing PUD PL20190001364 Dear Mr. Ochs, The Cirrus Pointe PUD was original adopted on November 15, 2005. Cirrus Pointe was an affordable housing project. It was amended on July 22, 2008 to modify the Affordable Housing Density Bonus Agreement. The County apparently loaned money to Jim Fields, as the Developer of Cirrus Pointe, to acquire the property and to develop it as affordable housing. Mr. Fields acquired the property, however, his plans to develop the project hit a snag due to the great recession. Mr. Fields ultimately lost the property and the property was acquired by Cirrus Pointe Partners, LLC. The new owner of the property applied for an amendment to the PUD. That application occurred in 2013. The request was to convert the prior approved affordable housing multi -family project to a market rate multi -family project. The project was renamed Solstice. The Developer for the market rate project met with the CRA Advisory Board as well as residents of the area. The CRA Advisory Board and residents of the area supported the conversion of the project from an affordable housing project to a market rate project. The residents felt that a market rate project was in keeping with the Bayshore Overlay and the CRA goals and objectives. The Developer went to the Collier County Planning Commission ("CCPC") on December 19, 2013. The CCPC considered both the GMP Amendment as well as the PUD Amendment that would implement the proposed market rate project. The CCPC unanimously recommended approval of both the GMP and the PUD Amendments. Shortly before the scheduled Board of County Commission ("BCC") hearing at which this matter was to be considered, the County Clerk raised an issue with the monies loaned to Mr. Fields. Ultimately, the BCC refused to consider the proposed GMP Amendment and PUD Amendment unless the monies loaned to Mr. Fields were re -paid. At that time, the new Developer had agreed to re -pay the loan proceeds if the GMP and PUD Amendments were approved. The new Developer was concerned that it would re -pay the affordable housing loan proceeds and the BCC would ultimately deny the GMP Amendment and the PUD Amendment and it would be required to build an affordable housing project for which the prior owner cyklawfirm.com Packet Pg. 6 9771 Camden Landing PUD August 20, 2020 Page 2 of 2 received the loan proceeds. After several years of requesting public hearings and being denied that opportunity, the GMP Amendment and PUD Amendment were withdrawn at your Staff s requested on July 18, 2017. Since that time, the property has been acquired by KHD Development General Partnership and Kevin King is the applicant. The current owner of the property is again applying for a GMP Amendment and a PUD Amendment to convert the affordable housing project to a market rate project. Again, the property owner has met with the CRA Advisory Board and the local residents and it appears that the community again supports the conversion of the property to a market rate project. We are finalizing the review of the Petitions by your Staff. However, we have again been again told that we cannot have a hearing in front of the CCPC or the BCC , unless the loan proceeds are repair or the BCC waives the requirement that the loan proceeds be re -paid. We are again requesting that we be allowed to present both the GMP Amendment and the PUD Amendment Petitions to the CCPC and the BCC. The re -payment of the loan proceeds, which were the legal obligation of Mr. Fields and his company, can be addressed during the CCPC and BCC hearings. It would be inequitable and unfair to require the current property to re -pay a loan obligation of a prior individual and still be required to provide affordable housing. I have been be advised by your office that I must request a public petition before the BCC to discuss this matter and discuss my clients ability to proceed with a public hearing on its' GMP Amendment and PUD Amendment requests. We would like this matter scheduled before the BCC as soon as possible so that we can bring this matter to conclusion. If you have any questions regarding this matter, please feel free to call me. Sincerely, 4LL� Richard D. Yovanovich, Esq. cc: Greg Wardeberg 9.A.3.g cyklawfirrn.com Packet Pg. 6 0771 9.A.3.h September 8, 2020 Hispanic Vote, and the Council of Hispanic Business Professionals. So those are the proclamations and the groups that we're honoring this morning, sir. CHAIRMAN SAUNDERS : Thank you very much. COMMISSIONER TAYLOR: Just a minor correction, unless my ears are deceiving me. I think it's 16H3, sir. I think you said 16144. So that's the Hispanic Heritage Month, and that's just for the record. MR. OCHS: Okay. 16H4 is the -- COMMISSIONER TAYLOR: No. It's 16H3, at least in my -- CHAIRMAN SAUNDERS : We approved them, so we're okay on that. MR. OCHS: You're right. You're right, Commissioner. COMMISSIONER TAYLOR: For recordkeeping. MR. OOHS: It's H1, 2, 3, and not 2, 3, and 4. CHAIRMAN SAUNDERS: All right. We'll move on to public petitions. Item #6A A REQUEST FROM RICHARD YOVANOVICH REGARDING PUBLIC PETITION FOR CIRRUS POINTE PUD AKA/CAMDEN LANDING PUD PL20190001364 — MOTION TO BRING BACK AS A REGULAR AGENDA ITEM — APPROVED MR. OCHS: Yes, sir. Item 6A is a public petition request from Richard Yovanovich regarding Cirrus Pointe PUD, also known as the Camden Landing PUD. CHAIRMAN SAUNDERS : And, Mr. Yovanovich, I believe you're limited to 10 minutes. Is that the -- MR. MILLER: Yes. Page 11 Packet Pg. 651 9.A.3.h September 8, 2020 MR. YOVANOVICH: Hopefully I won't need all that time. CHAIRMAN SAUNDERS : All right. Thank you. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich. Thank you for allowing me to appear today on your public petition portion of your agenda. The Cirrus Pointe PUD was originally adopted in 2005. It's at the corner of Thomasson Drive and Bayshore Drive. It was originally approved as an affordable housing density bonus project. In approximately 2013, we came through with an amendment to the PUD to convert it to a market -rate project. The original project was marketed as an affordable housing project through your Collier Housing Development Corporation. The Great Recession hit. There were no presales for any of the affordable housing units. The original developer of the property, Jim Fields, basically lost the property in the Great Recession. Another entity bought the property and pursued a market -rate project. We had multiple meetings with the CRA Advisory Board as well as the residents, and everybody was in support of converting to a market -rate project. We went to the Planning Commission in December of 2013. We received unanimous recommendation of approval to go to a market -rate project. I think we were even on the summary agenda to get approved, and we were pulled. We were pulled based upon some comments from the then Clerk of Courts claiming that there was a loan made to the Collier Housing Development Corporation to acquire the property back in, roughly, two thousand and, I want to say, five or six, right around that time frame. And there was a question of whether or not that grant money should be repaid prior to any hearings on converting the project to a market -rate project. The developer at the time had no issues with repaying the grant -- the grant amount was $320,000 -- however didn't want to Page 12 Packet Pg. 652 9.A.3.h September 8, 2020 repay the grant and then be unsuccessful in his request to convert to a market -rate project. The grant was made for an affordable housing project. If the amendment wasn't authorized, he would then be required to provide the affordable housing. There was approximately a four-year stalemate between not being able to have a hearing on that PUD amendment and, ultimately, the petition was withdrawn because we couldn't get a hearing. The property has, again, changed hands. Kevin King's entity has purchased the property, has, again, initiated the process of converting this to a market -rate project. We've had several meetings with the CRA Advisory Board and the residents, and I think the general consensus is that a market -rate project is really what the people want to see happen on the corner of this project -- or on this project. The problem we're having is there was old action taken by the prior board saying there will be no public hearings on this matter until the grant proceeds are repaid. Again, we're prepared to address the grant proceeds being repaid as part of the PUD amendment process; however, like the prior developer, it made no sense to repay those monies if you're going to get denied and still have to do affordable housing. So I've been directed to come to the Board and ask the Board to go ahead and authorize the petitions to go through the normal public petition process, which is to go to the Planning Commission and then ultimately come to you -all for final consideration on the PUD amendment. And that's my request today is that you allow us to have our hearing in front of the Planning Commission and, ultimately, the Board of County Commissioners meeting, and we will address the grant proceeds, obviously, as part of that process when we ultimately get to the Board of County Commissioners. Page 13 Packet Pg. 653 9.A.3.h September 8, 2020 CHAIRMAN SAUNDERS: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: And I certainly don't have an issue with him bringing it forward. I just don't want to get caught in a position where we're authorizing going forward on some presumption that there's an approval without going through the public process. MR. YOVANOVICH: We understand that we, ultimately, may be unsuccessful in the PUD amendment, and then the current PUD would stand. COMMISSIONER McDANIEL: All right. Mr. Chair, do you o want a motion on that, sir? N CHAIRMAN SAUNDERS: We have some more discussion. a. Commissioner Fiala. °00 ° COMMISSIONER FIALA: Yeah, I was just going to make a r motion to approve. CHAIRMAN SAUNDERS: All right. N 0 N COMMISSIONER McDANIEL: Second. 00 0 CHAIRMAN SAUNDERS: All right. We have a motion and o U) a second. What we're -- the motion, then, is to authorize the public hearing 2 process to proceed prior to the reimbursement of the $300,000 m whatever the number was. �? MR. YOVANOVICH: Right. E CHAIRMAN SAUNDERS: Which actually gives a real chicken -and -egg problem. So, I appreciate you being one of the first to bring us one of those. E So, we have a motion and a second. Commissioner Solis. a COMMISSIONER SOLIS: Yeah, I just -- I had a comment, and it is a chicken -and -the -egg problem, although it wasn't when the Page 14 Packet Pg. 654 9.A.3.h September 8, 2020 loan was made. I mean, I understand that this thing needs to move forward. But I just want to reiterate, I think what Commissioner McDaniel was saying, this is not we'll pay you back if we get our zoning, right? MR. YOVANOVICH: No, no. COMMISSIONER SOLIS: Okay. MR. YOVANOVICH: If I just can, real briefly, for the record. The zoning was approved in 2005. There was nothing to do with this loan or related to the original zoning. The actual grant wasn't made until, like, 2006 or '7. So there never was a tie to the grant and the original zoning. COMMISSIONER SOLIS: Right, but there is now. MR. YOVANOVICH: It's your call whether or not the grant is ever repaid. But, no, we're not tying one to the other, but we certainly shouldn't be required to repay a grant for affordable housing if we're required to provide affordable housing. CHAIRMAN SAUNDERS : And you have had conversations with the CRA folks concerning their particular desires on this? MR. YOVANOVICH: On multiple occasions I've had, yes. CHAIRMAN SAUNDERS : And they prefer the market rate? MR. YOVANOVICH: From, basically, day one. And, in fact, this project predated the available extra units from the Botanical Gardens site. Had those units been available in 2005, we would have never done the affordable housing density program in the first place. CHAIRMAN SAUNDERS : All right. We have a motion and a second. Any further discussion? COMMISSIONER FIALA: I was going to say something -- CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: -- but I don't know that that's -- now, after your comments, I think I could let it ride. But it Page 15 Packet Pg. 655 9.A.3.h September 8, 2020 did go before the Planning Commission when it changed to extremely low affordable housing and the Planning Commission voted 7-0 to deny because they said there's so much in that area already, they don't feel that you could add still more to an area that's already oversaturated. COMMISSIONER McDANIEL: Well -- and that was on the low income -- COMMISSIONER FIALA: income. It was called extremely low COMMISSIONER McDANIEL: Well -- and the density bonuses that traveled along with that, so... CHAIRMAN SAUNDERS: All right. We have a motion and second. Any further discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. U CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. E MR. YOVANOVICH: Thank you. a Item #7 E PUBLIC COMMENTS AND GENERAL TOPICS NOT ON THE a CURRENT OR FUTURE AGENDA Page 16 Packet Pg. 656 10.A 01/21/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 10.A Item Summary: Legislative and Quasi -Judicial Actions Meeting Date: 01/21/2021 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 01/07/2021 4:14 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 01/07/2021 4:14 PM Approved By: Review: Planning Commission Diane Lynch Review item Planning Commission Edwin Fryer Meeting Pending Completed 01/07/2021 4:14 PM 01/21/2021 9:00 AM Packet Pg. 657 (suoi;od Ieioipnr-!sent)pue ani;elsi6a-1 : 999ti�) ;uiod .aannod uoisslwwOO fuiuueld :;uauayoe;;d co LO CD a m m a (suoi;od Ieioipnr-!sent)pue ani;elsi6a-1 : 999ti�) ;uiod .aannod uoisslwwOO fuiuueld :;uauayoe;;d V) a) u C cd C L 0 C cd N J a) O L. 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')5-354- WHEREAS, government in Florida is conducted in the sun- shine pursuant to Chapter 286, Florida Statutes; and WHEREAS, the public should be able to voice its opinions to local elected public_ officials; and WHEREAS, elected and public officials are presumed to perform their duties in a lawful and proper manner; and WHEREAS, quasi-judicial decision -making must be based on competent, substantial evidence of record; and WHEREAS, local elected public officials have been obstructed or impeded from the fair and effective discharge of their sworn duties anti responsibilities due to expansive inter- pretations of Ten incyr v. D_ade County, a decision rendered by the Third District Court of Appeal; and WHEREAS, Section 5, Article I of the Florida Constitution gives the people the right peaceably to assemble, to instruct their representatives, and to petition for redress of griev- ances. NOW, THEREFORE, 13E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AUTHORITY Pursuant to Subsection 236.0115, Florida Statutes, Collier County has the authority to enact this Resolution which removes the presumption of prejudice from ex parte communications with local officials by establishing the process set forth herein to disclose such communications. SECTION TWO: DEFINITION As used in this Section, the term "local public Official" means any elected or appointed public official holding a county -1- ba�x (100 191 10.A.b r a Packet Pg. 680 J U N 2 0 1995 office who recommends or takes quasi-judicial action as a member of such board or commission. SECTION THREE: ACCESS PERMITTED 1. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by the board or commission on which the local public official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex-parte communications with local public officials. ra) The substance of any ex-parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if tiie subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. (b) A local public official may read a written communi- cation from any person. However a written communication that relates to quasi-judicial action pending before the local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record of the board or commission before final action on the matter. (c) Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi- judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. (d) Disclosure made pursuant to paragraphs (a), (b) and (c) must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opin- -2-- 10.A. b N C O v Q R .0 O N R O U' C to R 2 N J 00 to ti M LO a) C O r O U) a> C E s R a Packet Pg. 681 JUN 2 01M ions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute cr respond to the communication. SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354 Resolution No. 95-354 is hereby repealed in its entirety. This Resolution adopted this ? t day of June, 1995, after motion, second and majority vote favoring same. ATTEST.''... DWIGHT E.'BROCK, Clerk Approved as to form and legal sufficiency: Kenneth B. Cuyl County Attorne mmdiw!13735 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By : L .BETTYE t1 TTHEWS, Chairman 3 - toax (100 F. 193 10.A. b Packet Pg. 682 12/30/2020 Collier County, FL Code of Ordinances 10.A.c Sec. 250-33. - Planning commissions. (a) Establishment and composition. The governing bodies of municipalities and Collier County are hereby authorized to establish one or more planning commissions for Collier County, to have jurisdiction respectively over certain geographic areas of Collier County which shall be specifically described by the resolution or other official action establishing the planning commissions, and appoint members thereto who reside in the respective districts, and are electors therein. Planning commissions shall have not less than five, nor more than ten members, and none of such members shall be in the pay of the county or municipality or elected officer -holders of any of the jurisdictions served. (b) Terms of office, removal from office, vacancies. Terms of office of planning commission members 0 shall be for not less than two nor more than four years and not more than a minority of such a members' terms shall expire in any one year. (1) Any member of a planning commission maybe removed from office by four -fifths vote of the full membership of the appointing governing body, but such member shall be entitled to a �a cY public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date upon which the vote is taken. (2) Whenever a vacancy occurs on a planning commission which reduces the membership of the N planning commission below five, the governing body shall fill such vacancy for the remainder _J of the term. No meetings of a planning commission shall be held when the membership is Go less than five. r (c) Officers, rules of procedure, employees, salaries and expenses. Planning commissions shall elect N a a chairman and a vice-chairman from among the members. Terms of all offices shall be for one �a year, with eligibility for reelection. a U) (1) Planning commissions shall by majority vote of the entire membership adopt rules of procedure for the transaction of business, and shall keep a record of resolutions, N transactions, findings and determinations. Planning commissions may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as U may be deemed necessary. All such records shall be public records. c (2) Planning commissions may, subject to the approval of the governing body concerned and c within the financial limitations set by appropriations made or other funds available, employ r Q such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expenditures as are necessary to conduct the work of the planning commission and effectuate its purposes. (3) Members of a planning commission may receive salary and such travel and other expenses while on official business for the commission as are made available by the governing body for these purposes. (d) Appropriations, fees and other income. The governing body for the area is hereby authorized and Packet Pg. 683 12/30/2020 Collier County, FL Code of Ordinances 10.A.0 empowered to make appropriations for conduct of the work of the planning commission. (e) Schedule of fees. The governing body is authorized and empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor. (Laws of Fla. ch. 67-1246, § 5) Code references —Boards, commissions, committees and authorities, § 2-816 et seq.; planning, ch. 106. Land development code reference —Planning commission, div. 5.2. Sec. 250-34. - Functions, powers and duties. c 0 The functions, powers and duties of planning commission shall be, in general: r Q (1) To acquire and maintain in current form such basic information and materials as are .2 necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such basic information and materials may include maps andCY 3 photographs of man made or natural physical features of the area concerned, statistics on past trends and present conditions with respect to population, property values, economic c base, land use and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the area and '5 its various parts. J (2) To prepare, and from time to time recommend amendment and revisions to, a �o Go r comprehensive and coordinated general plan for meeting present requirements and such y future requirements as may be foreseen. a (3) To prepare and recommend principles and policies for guiding the development of the area. �a (4) To prepare and recommend ordinances designed to promote orderly development along the a U) lines indicated by official principles and policies and the comprehensive plan. 0 N (5) To keep the governing body and the general public informed and advised on matters relating L d to planning. v (6) To conduct such public hearings as may be required to gather information necessary for the r drafting, establishment and maintenance of the various components of the comprehensive plan, and such additional public hearings as are specified under the provisions of this Act or Q may be required by ordinance. (7) In addition, a planning commission may make, cause to be made, or obtain special studies on the location, condition and adequacy of specific facilities of the area. These may include, but are not limited to, studies on housing, commercial and industrial facilities, parks, playgrounds, beaches and other recreational facilities, schools, public buildings, public and private utilities, traffic, transportation and parking. (8) To perform any other duties which may be lawfully assigned to it. Packet Pg. 684 12/30/2020 Collier County, FL Code of Ordinances 10.A.0 (Laws of Fla. ch. 67-1246, § 6; Laws of Fla. ch. 2001-344, § 1) Sec. 250-35. - Comprehensive plan —Generally. (a) Preparation. When basic information for a planning area has been brought together, the planning commission for that area shall prepare a comprehensive general plan for the physical development of the area, based on existing and anticipated needs, showing existing and proposed improvements in the area, stating the principles according to which future development should proceed and the manner in which such development should be controlled. The comprehensive plan may also include a long-range financial program for public improvements. The plan shall be prepared with the general purpose of guiding and c ° U accomplishing a coordinated, adjusted and harmonious development of the area which will, in Q accordance with existing and future needs, best promote public health, safety, order, comfort, convenience, appearance and the general welfare, as well as efficiency and economy in the ° ? process of development. The comprehensive plan may consist of a number of functional 3 cY components, and need not be embodied in a single document. (b) Approval. The planning commission shall approve the comprehensive plan, either as a whole or in part, as substantial portions, corresponding generally with functional or geographic N classifications, are completed. A public hearing or hearings, with due public notice, shall be held J before approval of the comprehensive plan or a portion or portions thereof. (1) The approval of the plan or a portion thereof shall be by resolution carried by the affirmative Go r vote of a majority of the full membership of the planning commission. The resolution shall refer expressly to the maps, descriptive material, and other matters intended by the planning a commission to form the whole or part of the plan, the action taken shall be recorded on the �a approved plan or parts thereof by the identifying signature of the chairman of the a U) commission, together with the date of such action, and a copy of the plan or part thereof 0 N shall be promptly forwarded to the governing body for its action. L a (c) Adoption. The governing body may by appropriate official action formally adopt a comprehensive ° v plan either as a whole or as substantial portions, corresponding generally with functional or r geographic classifications, are received from the planning commission. E (Laws of Fla. ch. 67-1246, § 7) Q Sec. 250-36. - Same —Review and amendment. (a) So often as is desirable and necessary, the comprehensive plan or the completed parts thereof shall be reviewed by the planning commission to determine whether changes in the amount, kind or direction of development of the area, or other reasons, make it beneficial to make additions or amendments. (b) If the governing body desires an amendment or addition to the comprehensive plan, it may, on Packet Pg. 685 12/30/2020 Collier County, FL Code of Ordinances 10.A.0 its own motion, direct the planning commission to initiate consideration of and prepare recommendations on such amendment, and the planning commission shall do so within a reasonable time as established by the governing body. (c) The procedure for adding to or amending the comprehensive plan shall be the same as the procedure for its original adoption and approval. (Laws of Fla. ch. 67-1246, § 8) Packet Pg. 686 12/30/2020 Collier County, FL Code of Ordinances 10.A.d Sec. 2-1156. - Establishment; Powers and Duties. There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194; B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof, C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the c 0 text of the Collier County GMP and the LDC; Q E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the .2 future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; .N M G. To make its special knowledge and expertise available upon reasonable written request and ' CY authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to I 2A govern the Planning Commission's proceedings; J I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67- 1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been 00 or may be amended; and J. To sit as the County's Environmental Advisory Council and exercise all powers and duties under N J Ordinance 2009-32, as amended from time to time. o (Ord. No. 2009-29, § 1; Ord. No. 2013-50, § 1; Ord. No. 2016-20, § 1) Sec. 2-1157. - Membership. A. Qualifications. 1. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. With respect to the five County Commission District members, although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shall be made so as to provide the Planning Commission with the needed technical, professional, business, and/or administrative expertise to accomplish the duties and functions of the Planning Commission. 3. The two at -large environmental members are expected to provide the Planning Commission with technical expertise on environmental matters, and shall demonstrate evidence of expertise in 1 or more of the following areas related to environmental protection and natural resources management: air Packet Pg. 687 12/30/2020 Collier County, FL Code of Ordinances 10.A.d quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC, with a Board preference for one of these members with an expertise in biology and/or wildlife management, and the other with an expertise in water and/or hydrology. 4. The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 5. A representative of the school district, appointed by the school board, shall serve as a non -voting 0 member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Q Commission meetings at which GIMP amendments and rezoning that would, if approved, increase 3 residential density of the property that is the subject of the application being considered. B. Appointment. The Planning Commission shall be composed of 7 members to be appointed by the BCC, 0 0 together with the representative of the school district. Of these seven members, there shall be one member CY from each of the five County Commission Districts, and two at -large environmental members. Planning Commission Candidates for the five County Commission District seats must be nominated by the m Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive 0 N a simple majority vote of the Board of County Commissioners. The two at large members can be nominated M � by any Commissioner, but must receive a four -fifths vote of the BCC for appointment or reappointment. to C. Term. Terms of office of Planning Commission members shall be for not less than two nor more than four to years and not more than a minority of such members' terms shall expire in any one year. Appointments to fill 3 any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. No M meetings of a Planning Commission shall be held when the membership is less than five. 0 D. Removal from office. m 0 U 1. Any member of the Planning Commission may be removed from office by a four- fifths vote of the BCC, `LO but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in N writing within 30 days of the date on which the vote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings m without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. a E. Officers. The membership of the Planning Commission shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for 1 year, with eligibility for reelection. (Ord. No. 2009-29, § 1; Ord. No. 2009-35, § 1; Ord. No. 2013-50, § 1) Sec. 2-1158. - Quorum and Voting. The presence of 4 or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least 4 members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to Packet Pg. 688 12/30/2020 Collier County, FL Code of Ordinances 10.A.d the BCC. (Ord. No. 2009-29, § 1; Ord. No. 2013-50, § 1) Sec. 2-1159. - Rules of Procedure. (a) The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. (b) The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. c (Ord. No. 2009-29, § 1) ° U Q Sec. 2-1160. - Compensation. 2 =a ° The members of the Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC. 0 CY (Ord. No. 2009-29, § 1) m Sec. 2-1161. - Meetings. N (a) In order to provide convenience and promote public participation, meetings of the Planning Commission —J shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient 10 concern to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, to make such determination at 1 of its regularly scheduled meetings well enough in advance to allow sufficient 3 time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCC. ° (b) All meetings and hearings of the Planning Commission shall be open to the public. m ° U (Ord. No. 2009-29, § 1) LO r N Sec. 2-1162. - Staff. m E The community development services division shall be the professional staff of the Planning Commission. ca (Ord. No. 2009-29, § 1) Q Sec. 2-1163. - Appeals. As to any land development petition or application upon which the Planning Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final action to the Board of County Commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Board of County Packet Pg. 689 12/30/2020 Collier County, FL Code of Ordinances 10.A.d Commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Development Services Director within 30 days of the date of final action by the Planning Commission and shall be noticed for hearing with the Board of County Commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the Planning Commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. (Ord. No. 2009-29, § 1) Sec. 2-1164. - Repeal of Ordinance. Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as set out herein. Concurrent with the effective date of this Ordinance, Section 8.03.00 (Planning Commission) of the Collier County Land Development Code is hereby repealed in its entirety. (Ord. No. 2009-29, §§ 1, 2) Packet Pg. 690 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.e Select Year: 2020 v Go The 202o Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.3174 Local planning agency.- (1) The governing body of each local government, individually or in combination as provided in s. 163.3171, shall designate and by ordinance establish a "local planning agency," unless the agency is otherwise established by law. Notwithstanding any special act to the contrary, all local planning agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in each municipality and county shall include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency or equivalent agency to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. However, this subsection does not prevent the governing body of the local government from granting voting status to the school board member. The governing body may designate itself as the local planning agency pursuant to this subsection with the addition of a nonvoting school board representative. All local planning agencies shall provide opportunities for involvement by applicable community college boards, which may be accomplished by formal representation, membership on technical advisory committees, or other appropriate means. The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to be held after public notice and shall make recommendations to the governing body regarding the adoption or amendment of the plan. The agency may be a local planning commission, the planning department of the local government, or other instrumentality, including a countywide planning entity established by special act or a council of local government officials created pursuant to s. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the county or planning area; however: (a) If a joint planning entity is in existence on the effective date of this act which authorizes the governing bodies to adopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency for those local governments until such time as the authority of the joint planning entity is modified by law. (b) In the case of chartered counties, the planning responsibility between the county and the several municipalities therein shall be as stipulated in the charter. (2) Nothing in this act shall prevent the governing body of a local government that participates in creating a local planning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Any such governing body which continues or creates its own local planning agency may designate which local planning agency functions, powers, and duties will be performed by each such local planning agency. (3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purposes and activities authorized by this act, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; however, acceptance of loans must be approved by the governing bodies involved. (4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall: www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3174.html I Packet Pg. 691 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.e (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The governing body in cooperation with the local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shall be the responsibility of the local planning agency. (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including the periodic evaluation and appraisal of the comprehensive plan required by s. 163.3191. (c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof, when the local planning agency is serving as the land development regulation commission or the local government requires review by both the local planning agency and the land development regulation commission. (d) Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general or special law. (5) All meetings of the local planning agency shall be public meetings, and agency records shall be public records. History.—s. 6, ch. 75-257; s. 1, ch. 77-223; s. 5, ch. 85-55; s. 2, ch. 92-129; s. 9, ch. 95-310; s. 9, ch. 95-341; s. 1, ch. 2002-296; s. 10, ch. 2011-139; s. 2, ch. 2012-99. Copyright © 1995-2020 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3174.html I Packet Pg. 692 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f Select Year: 2020 v Go The 202o Florida Statutes Title VI Chapter 70 View Entire CIVIL PRACTICE AND RELIEF FROM BURDENS ON REAL PROPERTY Chapter PROCEDURE RIGHTS CHAPTER 70 RELIEF FROM BURDENS ON REAL PROPERTY RIGHTS 70.001 Private property rights protection. 70.002 Property Owner Bill of Rights. 70.20 Balancing of interests. 70.45 Governmental exactions. 70.51 Land use and environmental dispute resolution. 70.80 Construction of ss. 70.001, 70.45, and 70.51. 70.001 Private property rights protection.— (1) This act may be cited as the "Bert J. Harris, Jr., Private Property Rights Protection Act." The Legislature recognizes that some laws, regulations, and ordinances of the state and political entities in the state, as applied, may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution. The Legislature determines that there is an important state interest in protecting the interests of private property owners from such inordinate burdens. Therefore, it is the intent of the Legislature that, as a separate and distinct cause of action from the law of takings, the Legislature herein provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property. (2) When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government, as provided in this section. (3) For purposes of this section: (a) The existence of a "vested right" is to be determined by applying the principles of equitable estoppel or substantive due process under the common law or by applying the statutory law of this state. (b) The term "existing use" means: 1. An actual, present use or activity on the real property, including periods of inactivity which are normally associated with, or are incidental to, the nature or type of use; or 2. Activity or such reasonably foreseeable, nonspeculative land uses which are suitable for the subject real property and compatible with adjacent land uses and which have created an existing fair market value in the property greater than the fair market value of the actual, present use or activity on the real property. (c) The term "governmental entity" includes an agency of the state, a regional or a local government created by the State Constitution or by general or special act, any county or municipality, or any other entity that independently exercises governmental authority. The term does not include the United States or any of its agencies, or an agency of the state, a regional or a local government created by the State Constitution or by general or special act, any county or municipality, or any other entity that independently exercises governmental www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 693 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f authority, when exercising the powers of the United States or any of its agencies through a formal delegation of federal authority. (d) The term "action of a governmental entity" means a specific action of a governmental entity which affects real property, including action on an application or permit. (e) The terms "inordinate burden" and "inordinately burdened": 1. Mean that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment -backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. 2. Do not include temporary impacts to real property; impacts to real property occasioned by governmental y abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private o property; or impacts to real property caused by an action of a governmental entity taken to grant relief to a U a property owner under this section. However, a temporary impact on development, as defined in s. 380.04, that is R in effect for longer than 1 year may, depending upon the circumstances, constitute an "inordinate burden" as provided in this paragraph. In determining whether reasonable, investment -backed expectations are inordinately burdened, consideration may be given to the factual circumstances leading to the time elapsed between enactment of the law or regulation and its first application to the subject property. (f) The term "property owner" means the person who holds legal title to the real property that is the subject of and directly impacted by the action of a governmental entity. The term does not include a governmental entity. (g) The term "real property" means land and includes any appurtenances and improvements to the land, including any other relevant real property in which the property owner has a relevant interest. The term includes only parcels that are the subject of and directly impacted by the action of a governmental entity. (4)(a) Not less than 150 days prior to filing an action under this section against a governmental entity, a property owner who seeks compensation under this section must present the claim in writing to the head of the governmental entity, except that if the property is classified as agricultural pursuant to s. 193.461, the notice period is 90 days. The property owner must submit, along with the claim, a bona fide, valid appraisal that supports the claim and demonstrates the loss in fair market value to the real property. If the action of government is the culmination of a process that involves more than one governmental entity, or if a complete resolution of all relevant issues, in the view of the property owner or in the view of a governmental entity to whom a claim is presented, requires the active participation of more than one governmental entity, the property owner shall present the claim as provided in this section to each of the governmental entities. (b) The governmental entity shall provide written notice of the claim to all parties to any administrative action that gave rise to the claim, and to owners of real property contiguous to the owner's property at the addresses listed on the most recent county tax rolls. Within 15 days after the claim is presented, the governmental entity shall report the claim in writing to the Department of Legal Affairs, and shall provide the department with the name, address, and telephone number of the employee of the governmental entity from whom additional information may be obtained about the claim during the pendency of the claim and any subsequent judicial action. (c) During the 90-day-notice period or the 150-day-notice period, unless extended by agreement of the parties, the governmental entity shall make a written settlement offer to effectuate: 1. An adjustment of land development or permit standards or other provisions controlling the development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. 3. The transfer of developmental rights. 4. Land swaps or exchanges. 5. Mitigation, including payments in lieu of onsite mitigation. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.htmI Packet Pg. 694 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f 6. Location on the least sensitive portion of the property. 7. Conditioning the amount of development or use permitted. 8. A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development. 9. Issuance of the development order, a variance, special exception, or other extraordinary relief. 10. Purchase of the real property, or an interest therein, by an appropriate governmental entity or payment of compensation. 11. No changes to the action of the governmental entity. If the property owner accepts a settlement offer, either before or after filing an action, the governmental entity may implement the settlement offer by appropriate development agreement; by issuing a variance, special exception, or other extraordinary relief; or by other appropriate method, subject to paragraph (d). (d)1. When a governmental entity enters into a settlement agreement under this section which would have the effect of a modification, variance, or a special exception to the application of a rule, regulation, or ordinance as it would otherwise apply to the subject real property, the relief granted shall protect the public interest served by the regulations at issue and be the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property. 2. When a governmental entity enters into a settlement agreement under this section which would have the effect of contravening the application of a statute as it would otherwise apply to the subject real property, the governmental entity and the property owner shall jointly file an action in the circuit court where the real property is located for approval of the settlement agreement by the court to ensure that the relief granted protects the public interest served by the statute at issue and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property. This paragraph applies to any settlement reached between a property owner and a governmental entity regardless of when the settlement agreement was entered so long as the agreement fully resolves all claims asserted under this section. (5)(a) During the 90-day-notice period or the 150-day-notice period, unless a settlement offer is accepted by the property owner, each of the governmental entities provided notice pursuant to paragraph (4)(a) shall issue a written statement of allowable uses identifying the allowable uses to which the subject property may be put. The failure of the governmental entity to issue a statement of allowable uses during the applicable 90-day-notice period or 150-day-notice period shall be deemed a denial for purposes of allowing a property owner to file an action in the circuit court under this section. If a written statement of allowable uses is issued, it constitutes the last prerequisite to judicial review for the purposes of the judicial proceeding created by this section, notwithstanding the availability of other administrative remedies. (b) If the property owner rejects the settlement offer and the statement of allowable uses of the governmental entity or entities, the property owner may file a claim for compensation in the circuit court, a copy of which shall be served contemporaneously on the head of each of the governmental entities that made a settlement offer and a statement of allowable uses that was rejected by the property owner. Actions under this section shall be brought only in the county where the real property is located. (6)(a) The circuit court shall determine whether an existing use of the real property or a vested right to a specific use of the real property existed and, if so, whether, considering the settlement offer and statement of allowable uses, the governmental entity or entities have inordinately burdened the real property. If the actions of more than one governmental entity, considering any settlement offers and statement of allowable uses, are responsible for the action that imposed the inordinate burden on the real property of the property owner, the court shall determine the percentage of responsibility each such governmental entity bears with respect to the inordinate burden. A governmental entity may take an interlocutory appeal of the court's determination that the action of the governmental entity has resulted in an inordinate burden. An interlocutory appeal does not automatically stay the proceedings; however, the court may stay the proceedings during the pendency of the www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 695 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f interlocutory appeal. If the governmental entity does not prevail in the interlocutory appeal, the court shall award to the prevailing property owner the costs and a reasonable attorney fee incurred by the property owner in the interlocutory appeal. (b) Following its determination of the percentage of responsibility of each governmental entity, and following the resolution of any interlocutory appeal, the court shall impanel a jury to determine the total amount of compensation to the property owner for the loss in value due to the inordinate burden to the real property. The award of compensation shall be determined by calculating the difference in the fair market value of the real property, as it existed at the time of the governmental action at issue, as though the owner had the ability to attain the reasonable investment -backed expectation or was not left with uses that are unreasonable, whichever the case may be, and the fair market value of the real property, as it existed at the time of the governmental action at issue, as inordinately burdened, considering the settlement offer together with the statement of allowable uses, of the governmental entity or entities. In determining the award of compensation, consideration may not be given to business damages relative to any development, activity, or use that the action of the governmental entity or entities, considering the settlement offer together with the statement of allowable uses has restricted, limited, or prohibited. The award of compensation shall include a reasonable award of prejudgment interest from the date the claim was presented to the governmental entity or entities as provided in subsection (4). (c)1. In any action filed pursuant to this section, the property owner is entitled to recover reasonable costs and attorney fees incurred by the property owner, from the governmental entity or entities, according to their proportionate share as determined by the court, from the date of the filing of the circuit court action, if the property owner prevails in the action and the court determines that the settlement offer, including the statement of allowable uses, of the governmental entity or entities did not constitute a bona fide offer to the property owner which reasonably would have resolved the claim, based upon the knowledge available to the governmental entity or entities and the property owner during the 90-day-notice period or the 150-day-notice period. 2. In any action filed pursuant to this section, the governmental entity or entities are entitled to recover reasonable costs and attorney fees incurred by the governmental entity or entities from the date of the filing of the circuit court action, if the governmental entity or entities prevail in the action and the court determines that the property owner did not accept a bona fide settlement offer, including the statement of allowable uses, which reasonably would have resolved the claim fairly to the property owner if the settlement offer had been accepted by the property owner, based upon the knowledge available to the governmental entity or entities and the property owner during the 90-day-notice period or the 150-day-notice period. 3. The determination of total reasonable costs and attorney fees pursuant to this paragraph shall be made by the court and not by the jury. Any proposed settlement offer or any proposed decision, except for the final written settlement offer or the final written statement of allowable uses, and any negotiations or rejections in regard to the formulation either of the settlement offer or the statement of allowable uses, are inadmissible in the subsequent proceeding established by this section except for the purposes of the determination pursuant to this paragraph. (d) Within 15 days after the execution of any settlement pursuant to this section, or the issuance of any judgment pursuant to this section, the governmental entity shall provide a copy of the settlement or judgment to the Department of Legal Affairs. (7)(a) The circuit court may enter any orders necessary to effectuate the purposes of this section and to make final determinations to effectuate relief available under this section. (b) An award or payment of compensation pursuant to this section shall operate to grant to and vest in any governmental entity by whom compensation is paid the right, title, and interest in rights of use for which the compensation has been paid, which rights may become transferable development rights to be held, sold, or otherwise disposed of by the governmental entity. When there is an award of compensation, the court shall determine the form and the recipient of the right, title, and interest, as well as the terms of their acquisition. (8) This section does not supplant methods agreed to by the parties and lawfully available for arbitration, mediation, or other forms of alternative dispute resolution, and governmental entities are encouraged www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 696 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f such methods to augment or facilitate the processes and actions contemplated by this section. (9) This section provides a cause of action for governmental actions that may not rise to the level of a taking under the State Constitution or the United States Constitution. This section may not necessarily be construed under the case law regarding takings if the governmental action does not rise to the level of a taking. The provisions of this section are cumulative, and do not abrogate any other remedy lawfully available, including any remedy lawfully available for governmental actions that rise to the level of a taking. However, a governmental entity shall not be liable for compensation for an action of a governmental entity applicable to, or for the loss in value to, a subject real property more than once. (10)(a) This section does not apply to any actions taken by a governmental entity which relate to the operation, maintenance, or expansion of transportation facilities, and this section does not affect existing law regarding eminent domain relating to transportation. (b) This section does not apply to any actions taken by a county with respect to the adoption of a Flood Insurance Rate Map issued by the Federal Emergency Management Agency for the purpose of participating in the National Flood Insurance Program, unless such adoption incorrectly applies an aspect of the Flood Insurance Rate Map to the property in such a way as to, but not limited to, incorrectly assess the elevation of the property. (11) A cause of action may not be commenced under this section if the claim is presented more than 1 year after a law or regulation is first applied by the governmental entity to the property at issue. (a) For purposes of determining when this 1-year claim period accrues: 1. A law or regulation is first applied upon enactment and notice as provided for in this subparagraph if the impact of the law or regulation on the real property is clear and unequivocal in its terms and notice is provided by mail to the affected property owner or registered agent at the address referenced in the jurisdiction's most current ad valorem tax records. The fact that the law or regulation could be modified, varied, or altered under any other process or procedure does not preclude the impact of the law or regulation on a property from being clear or unequivocal pursuant to this subparagraph. Any notice under this subparagraph shall be provided after the enactment of the law or regulation and shall inform the property owner or registered agent that the law or regulation may impact the property owner's existing property rights and that the property owner may have only 1 year from receipt of the notice to pursue any rights established under this section. 2. Otherwise, the law or regulation is first applied to the property when there is a formal denial of a written request for development or variance. (b) If an owner seeks relief from the governmental action through lawfully available administrative or judicial proceedings, the time for bringing an action under this section is tolled until the conclusion of such proceedings. (12) No cause of action exists under this section as to the application of any law enacted on or before May 11, 1995, or as to the application of any rule, regulation, or ordinance adopted, or formally noticed for adoption, on or before that date. A subsequent amendment to any such law, rule, regulation, or ordinance gives rise to a cause of action under this section only to the extent that the application of the amendatory language imposes an inordinate burden apart from the law, rule, regulation, or ordinance being amended. (13) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or political subdivisions, waives sovereign immunity for causes of action based upon the application of any law, regulation, or ordinance subject to this section, but only to the extent specified in this section. History.—s. 1, ch. 95-181; s. 1, ch. 2006-255; s. 1, ch. 2011-191; s. 2, ch. 2012-94; s. 1, ch. 2015-142. 70.002 Property Owner Bill of Rights. —Each county property appraiser office shall provide on its website a Property Owner Bill of Rights. The purpose of the bill of rights is to identify certain existing rights afforded to property owners but is not a comprehensive guide. The Property Owner Bill of Rights does not create a civil cause of action. The Property Owner Bill of Rights must state: PROPERTY OWNER BILL OF RIGHTS www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 697 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f This Bill of Rights does not represent all of your rights under Florida law regarding your property and should not be viewed as a comprehensive guide to property rights. This document does not create a civil cause of action and neither expands nor limits any rights or remedies provided under any other law. This document does not replace the need to seek legal advice in matters relating to property law. Laws relating to your rights are found in the State Constitution, Florida Statutes, local ordinances, and court decisions. Your rights and protections include: 1. The right to acquire, possess, and protect your property. 2. The right to use and enjoy your property. 3. The right to exclude others from your property. 4. The right to dispose of your property. 5. The right to due process. 6. The right to just compensation for property taken for a public purpose. 7. The right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affects your property. History.—s. 3, ch. 2019-155. 70.20 Balancing of interests. —It is a policy of this state to encourage municipalities, counties, and other governmental entities and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals without the expenditure of public funds while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication. (1) Municipalities, counties, and all other governmental entities are specifically empowered to enter into relocation and reconstruction agreements on whatever terms are agreeable to the sign owner and the municipality, county, or other governmental entity involved and to provide for relocation and reconstruction of signs by agreement, ordinance, or resolution. As used in this section, a "relocation and reconstruction agreement" means a consensual, contractual agreement between a sign owner and a municipality, county, or other governmental entity for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed. (2) Except as otherwise provided in this section, no municipality, county, or other governmental entity may remove, or cause to be removed, any lawfully erected sign located along any portion of the interstate, federal -aid primary or other highway system, or any other road without first paying just compensation for such removal as determined by agreement between the parties or through eminent domain proceedings. Except as otherwise provided in this section, no municipality, county, or other governmental entity may cause in any way the alteration of any lawfully erected sign located along any portion of the interstate, federal -aid primary or other highway system, or any other road without first paying just compensation for such alteration as determined by agreement between the parties or through eminent domain proceedings. The provisions of this section shall not apply to any ordinance the validity, constitutionality, and enforceability of which the owner has by written agreement waived all right to challenge. (3) In the event that a municipality, county, or other governmental entity undertakes a public project or public goal requiring alteration or removal of any lawfully erected sign, the municipality, county, or other governmental entity shall notify the owner of the affected sign in writing of the public project or goal and of the intention of the municipality, county, or other governmental entity to seek such alteration or removal. Within 30 days after receipt of the notice, the owner of the sign and the municipality, county, or other governmental entity shall attempt to meet for purposes of negotiating and executing a relocation and reconstruction agreement as provided for in subsection (1). (4) If the parties fail to enter into a relocation and reconstruction agreement within 120 days after the initial notification by the municipality, county, or other governmental entity, either party may request mandatory nonbinding arbitration to resolve the disagreements between the parties. Each party shall select an arbitrator, and the individuals so selected shall choose a third arbitrator. The three arbitrators shall constitute the panel that shall arbitrate the dispute between the parties and, at the conclusion of the proceedings, shall present to the parties a www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 698 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f proposed relocation and reconstruction agreement that the panel believes equitably balances the rights, interests, obligations, and reasonable expectations of the parties. If the municipality, county, or other governmental entity and the sign owner accept the proposed relocation and reconstruction agreement, the municipality, county, or other governmental entity and the sign owner shall each pay its respective costs of arbitration and shall pay one- half of the costs of the arbitration panel, unless the parties otherwise agree. (5) If the parties do not enter into a relocation and reconstruction agreement, the municipality, county, or other governmental entity may proceed with the public project or purpose and the alteration or removal of the sign only after first paying just compensation for such alteration or removal as determined by agreement between the parties or through eminent domain proceedings. (6) The requirement by a municipality, county, or other governmental entity that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a development order constitutes a compelled removal that is prohibited without prior payment of just compensation under subsection (2). This subsection shall not apply when the owner of the land on which the sign is located is seeking to have the property redesignated on the future land use map of the applicable comprehensive plan for exclusively single- family residential use. (7) The requirement by a municipality, county, or other governmental entity that a lawfully erected sign be altered or removed from the premises upon which it is located incident to the voluntary acquisition of such property by a municipality, county, or other governmental entity constitutes a compelled removal that is prohibited without payment of just compensation under subsection (2). (8) Nothing in this section shall prevent a municipality, county, or other governmental entity from acquiring a lawfully erected sign through eminent domain or from prospectively regulating the placement, size, height, or other aspects of new signs within such entity's jurisdiction, including the prohibition of new signs, unless otherwise authorized pursuant to this section. Nothing in this section shall impair any ordinance or provision of any ordinance not inconsistent with this section, including a provision that creates a ban or partial ban on new signs, nor shall this section create any new rights for any party other than the owner of a sign, the owner of the land upon which it is located, or a municipality, county, or other governmental entity as expressed in this section. (9) This section applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. (10) This section shall not apply to any actions taken by the Department of Transportation that relate to the operation, maintenance, or expansion of transportation facilities, and this section shall not affect existing law regarding eminent domain relating to the Department of Transportation. (11) Nothing in this section shall impair or affect any written agreement existing prior to the effective date of this act, including, but not limited to, any settlement agreements reliant upon the legality or enforceability of local ordinances. The provisions of this section shall not apply to any signs that are required to be removed by a date certain in areas designated by local ordinance as view corridors if the local ordinance creating the view corridors was enacted in part to effectuate a consensual agreement between the local government and two or more sign owners prior to the effective date of this act, nor shall the provisions of this section apply to any signs that are the subject of an ordinance providing an amortization period, which period has expired, and which ordinance is the subject of judicial proceedings that were commenced on or before January 1, 2001, nor shall this section apply to any municipality with an ordinance that prohibits billboards and has two or fewer billboards located within its current boundaries or its future annexed properties. (12) Subsection (6) shall not apply when the development order permits construction of a replacement sign that cannot be erected without the removal of the lawfully erected sign being replaced. History.—s. 1, ch. 2002-13; s. 10, ch. 2005-2. 70.45 Governmental exactions.— (1) As used in this section, the term: www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 699 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f (a) "Damages" means, in addition to the right to injunctive relief, the reduction in fair market value of the real property or the amount of the fee or infrastructure cost that exceeds what would be permitted under this section. (b) "Governmental entity" has the same meaning as provided in s. 70.001(3)(c). (c) "Prohibited exaction" means any condition imposed by a governmental entity on a property owner's proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate. (d) "Property owner" has the same meaning as provided in s. 70.001(3)(f). (e) "Real property" has the same meaning as provided in s. 70.001(3)(g). (2) In addition to other remedies available in law or equity, a property owner may bring an action in a court of competent jurisdiction under this section to recover damages caused by a prohibited exaction. Such action may not be brought until a prohibited exaction is actually imposed or required in writing as a final condition of approval for the requested use of real property. The right to bring an action under this section may not be waived. This section does not apply to impact fees adopted under s. 163.31801 or non -ad valorem assessments as defined in s. 197.3632. (3) At least 90 days before filing an action under this section, but no later than 180 days after imposition of the prohibited exaction, the property owner shall provide to the relevant governmental entity written notice of the proposed action. This written notice shall identify the exaction that the property owner believes is prohibited, briefly explain why the property owner believes the exaction is prohibited, and provide an estimate of the damages. Upon receipt of the written notice: (a) The governmental entity shall review the notice of claim and respond in writing to the property owner by identifying the basis for the exaction and explaining why the governmental entity maintains that the exaction is proportionate to the harm created by the proposed use of real property, or by proposing to remove all or a portion of the exaction. (b) The written response may not be used against the governmental entity in subsequent litigation other than for purposes of assessing attorney fees and costs under subsection (5). (4) For each claim filed under this section, the governmental entity has the burden of proving that the exaction has an essential nexus to a legitimate public purpose and is roughly proportionate to the impacts of the proposed use that the governmental entity is seeking to avoid, minimize, or mitigate. The property owner has the burden of proving damages that result from a prohibited exaction. (5) The court may award attorney fees and costs to the prevailing party; however, if the court determines that the exaction which is the subject of the claim lacks an essential nexus to a legitimate public purpose, the court shall award attorney fees and costs to the property owner. (6) To ensure that courts may assess damages for claims filed under this section in accordance with s. 13, Art. X of the State Constitution, the state, for itself and its agencies or political subdivisions, waives sovereign immunity for causes of action based upon the application of this section. Such waiver is limited only to actions brought under this section. (7) This section applies to any prohibited exaction imposed or required in writing on or after October 1, 2015, as a final condition of approval for the requested use of real property. History.—s. 2, ch. 2015-142. 70.51 Land use and environmental dispute resolution.— (1) This section may be cited as the "Florida Land Use and Environmental Dispute Resolution Act." (2) As used in this section, the term: (a) "Development order" means any order, or notice of proposed state or regional governmental agency action, which is or will have the effect of granting, denying, or granting with conditions an application for a development permit, and includes the rezoning of a specific parcel. Actions by the state or a local government on comprehensive plan amendments are not development orders. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 700 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f (b) "Development permit" means any building permit, zoning permit, subdivision approval, certification, special exception, variance, or any other similar action of local government, as well as any permit authorized to be issued under state law by state, regional, or local government which has the effect of authorizing the development of real property including, but not limited to, programs implementing chapters 125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403. (c) "Special magistrate" means a person selected by the parties to perform the duties prescribed in this section. The special magistrate must be a resident of the state and possess experience and expertise in mediation and at least one of the following disciplines and a working familiarity with the others: land use and environmental permitting, land planning, land economics, local and state government organization and powers, and the law governing the same. (d) "Owner" means a person with a legal or equitable interest in real property who filed an application for a development permit for the property at the state, regional, or local level and who received a development order, or who holds legal title to real property that is subject to an enforcement action of a governmental entity. (e) "Proposed use of the property" means the proposal filed by the owner to develop his or her real property. (f) "Governmental entity" includes an agency of the state, a regional or a local government created by the State Constitution or by general or special act, any county or municipality, or any other entity that independently exercises governmental authority. The term does not include the United States or any of its agencies. (g) "Land" or "real property" means land and includes any appurtenances and improvements to the land, including any other relevant real property in which the owner had a relevant interest. (3) Any owner who believes that a development order, either separately or in conjunction with other development orders, or an enforcement action of a governmental entity, is unreasonable or unfairly burdens the use of the owner's real property, may apply within 30 days after receipt of the order or notice of the governmental action for relief under this section. (4) To initiate a proceeding under this section, an owner must file a request for relief with the elected or appointed head of the governmental entity that issued the development order or orders, or that initiated the enforcement action. The head of the governmental entity may not charge the owner for the request for relief and must forward the request for relief to the special magistrate who is mutually agreed upon by the owner and the governmental entity within 10 days after receipt of the request. (5) The governmental entity with whom a request has been filed shall also serve a copy of the request for relief by United States mail or by hand delivery to: (a) Owners of real property contiguous to the owner's property at the address on the latest county tax roll. (b) Any substantially affected party who submitted oral or written testimony, sworn or unsworn, of a substantive nature which stated with particularity objections to or support for any development order at issue or enforcement action at issue. Notice under this paragraph is required only if that party indicated a desire to receive notice of any subsequent special magistrate proceedings occurring on the development order or enforcement action. Each governmental entity must maintain in its files relating to particular development orders a mailing list of persons who have presented oral or written testimony and who have requested notice. (6) The request for relief must contain: (a) A brief statement of the owner's proposed use of the property. (b) A summary of the development order or description of the enforcement action. A copy of the development order or the documentation of an enforcement action at issue must be attached to the request. (c) A brief statement of the impact of the development order or enforcement action on the ability of the owner to achieve the proposed use of the property. (d) A certificate of service showing the parties, including the governmental entity, served. (7) The special magistrate may require other information in the interest of gaining a complete understanding of the request for relief. (8) The special magistrate may conduct a hearing on whether the request for relief should be dismissed for failing to include the information required in subsection (6). If the special magistrate dismisses the case, the www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 701 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f special magistrate shall allow the owner to amend the request and refile. Failure to file an adequate amended request within the time specified shall result in a dismissal with prejudice as to this proceeding. (9) By requesting relief under this section, the owner consents to grant the special magistrate and the parties reasonable access to the real property with advance notice at a time and in a manner acceptable to the owner of the real property. (10)(a) Before initiating a special magistrate proceeding to review a local development order or local enforcement action, the owner must exhaust all nonjudicial local government administrative appeals if the appeals take no longer than 4 months. Once nonjudicial local administrative appeals are exhausted and the development order or enforcement action is final, or within 4 months after issuance of the development order or notice of the enforcement action if the owner has pursued local administrative appeals even if the appeals have not been concluded, the owner may initiate a proceeding under this section. Initiation of a proceeding tolls the time for seeking judicial review of a local government development order or enforcement action until the special magistrate's recommendation is acted upon by the local government. Election by the owner to file for judicial review of a local government development order or enforcement action prior to initiating a proceeding under this section waives any right to a special magistrate proceeding. (b) If an owner requests special magistrate relief from a development order or enforcement action issued by a state or regional agency, the time for challenging agency action under ss. 120.569 and 120.57 is tolled. If an owner chooses to bring a proceeding under ss. 120.569 and 120.57 before initiating a special magistrate proceeding, then the owner waives any right to a special magistrate proceeding unless all parties consent to proceeding to mediation. (11) The initial party to the proceeding is the governmental entity that issues the development order to the owner or that is taking the enforcement action. In those instances when the development order or enforcement action is the culmination of a process involving more than one governmental entity or when a complete resolution of all relevant issues would require the active participation of more than one governmental entity, the special magistrate may, upon application of a party, join those governmental entities as parties to the proceeding if it will assist in effecting the purposes of this section, and those governmental entities so joined shall actively participate in the procedure. (12) Within 21 days after receipt of the request for relief, any owner of land contiguous to the owner's property and any substantially affected person who submitted oral or written testimony, sworn or unsworn, of a substantive nature which stated with particularity objections to or support for the development order or enforcement action at issue may request to participate in the proceeding. Those persons may be permitted to participate in the hearing but shall not be granted party or intervenor status. The participation of such persons is limited to addressing issues raised regarding alternatives, variances, and other types of adjustment to the development order or enforcement action which may impact their substantial interests, including denial of the development order or application of an enforcement action. (13) Each party must make efforts to assure that those persons qualified by training or experience necessary to address issues raised by the request or by the special magistrate and further qualified to address alternatives, variances, and other types of modifications to the development order or enforcement action are present at the hearing. (14) The special magistrate may subpoena any nonparty witnesses in the state whom the special magistrate believes will aid in the disposition of the matter. (15)(a) The special magistrate shall hold a hearing within 45 days after his or her receipt of the request for relief unless a different date is agreed to by all the parties. The hearing must be held in the county in which the property is located. (b) The special magistrate must provide notice of the place, date, and time of the hearing to all parties and any other persons who have requested such notice at least 40 days prior to the hearing. (16)(a) Fifteen days following the filing of a request for relief, the governmental entity that issued the development order or that is taking the enforcement action shall file a response to the request for relief with the special magistrate together with a copy to the owner. The response must set forth in reasonable detail the ansition www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 702 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f of the governmental entity regarding the matters alleged by the owner. The response must include a brief statement explaining the public purpose of the regulations on which the development order or enforcement action is based. (b) Any governmental entity that is added by the special magistrate as a party must file a response to the request for relief prior to the hearing but not later than 15 days following its admission. (c) Any party may incorporate in the response to the request for relief a request to be dropped from the proceeding. The request to be dropped must set forth facts and circumstances relevant to aid the special magistrate in ruling on the request. All requests to be dropped must be disposed of prior to conducting any hearings on the merits of the request for relief. (17) In all respects, the hearing must be informal and open to the public and does not require the use of an attorney. The hearing must operate at the direction and under the supervision of the special magistrate. The object of the hearing is to focus attention on the impact of the governmental action giving rise to the request for relief and to explore alternatives to the development order or enforcement action and other regulatory efforts by the governmental entities in order to recommend relief, when appropriate, to the owner. (a) The first responsibility of the special magistrate is to facilitate a resolution of the conflict between the owner and governmental entities to the end that some modification of the owner's proposed use of the property or adjustment in the development order or enforcement action or regulatory efforts by one or more of the governmental parties may be reached. Accordingly, the special magistrate shall act as a facilitator or mediator between the parties in an effort to effect a mutually acceptable solution. The parties shall be represented at the mediation by persons with authority to bind their respective parties to a solution, or by persons with authority to recommend a solution directly to the persons with authority to bind their respective parties to a solution. (b) If an acceptable solution is not reached by the parties after the special magistrate's attempt at mediation, the special magistrate shall consider the facts and circumstances set forth in the request for relief and any responses and any other information produced at the hearing in order to determine whether the action by the governmental entity or entities is unreasonable or unfairly burdens the real property. (c) In conducting the hearing, the special magistrate may hear from all parties and witnesses that are necessary to an understanding of the matter. The special magistrate shall weigh all information offered at the hearing. (18) The circumstances to be examined in determining whether the development order or enforcement action, or the development order or enforcement action in conjunction with regulatory efforts of other governmental parties, is unreasonable or unfairly burdens use of the property may include, but are not limited to: (a) The history of the real property, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was initially used. (b) The history or development and use of the real property, including what was developed on the property and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public. (c) The history of environmental protection and land use controls and other regulations, including how and when the land was classified, how use was proscribed, and what changes in classifications occurred. (d) The present nature and extent of the real property, including its natural and altered characteristics. (e) The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law. (f) The public purpose sought to be achieved by the development order or enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development orders or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the property. (g) Uses authorized for and restrictions placed on similar property. (h) Any other information determined relevant by the special magistrate. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.htmI Packet Pg. 703 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f (19) Within 14 days after the conclusion of the hearing, the special magistrate shall prepare and file with at parties a written recommendation. (a) If the special magistrate finds that the development order at issue, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is not unreasonable or does not unfairly burden the use of the owner's property, the special magistrate must recommend that the development order or enforcement action remain undisturbed and the proceeding shall end, subject to the owner's retention of all other available remedies. (b) If the special magistrate finds that the development order or enforcement action, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is unreasonable or unfairly burdens use of the owner's property, the special magistrate, with the owner's consent to proceed, may recommend one or more alternatives that protect the public interest served by the development order or enforcement action and regulations at issue but allow for reduced restraints on the use of the owner's real y property, including, but not limited to: o 1. An adjustment of land development or permit standards or other provisions controlling the development or U a use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. 3. The transfer of development rights. 4. Land swaps or exchanges. 5. Mitigation, including payments in lieu of onsite mitigation. CY 6. Location on the least sensitive portion of the property. c 7. Conditioning the amount of development or use permitted. 8. A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development. A 9. Issuance of the development order, a variance, special exception, or other extraordinary relief, including —J withdrawal of the enforcement action. cfl 10. Purchase of the real property, or an interest therein, by an appropriate governmental entity. 00 � (c) This subsection does not prohibit the owner and governmental entity from entering into an agreement as to the permissible use of the property prior to the special magistrate entering a recommendation. An agreement for a permissible use must be incorporated in the special magistrate's recommendation. (20) The special magistrate's recommendation is a public record under chapter 119. However, actions or statements of all participants to the special magistrate proceeding are evidence of an offer to compromise and inadmissible in any proceeding, judicial or administrative. (21) Within 45 days after receipt of the special magistrate's recommendation, the governmental entity responsible for the development order or enforcement action and other governmental entities participating in the proceeding must consult among themselves and each governmental entity must: (a) Accept the recommendation of the special magistrate as submitted and proceed to implement it by development agreement, when appropriate, or by other method, in the ordinary course and consistent with the rules and procedures of that governmental entity. However, the decision of the governmental entity to accept the recommendation of the special magistrate with respect to granting a modification, variance, or special exception to the application of statutes, rules, regulations, or ordinances as they would otherwise apply to the subject property does not require an owner to duplicate previous processes in which the owner has participated in order to effectuate the granting of the modification, variance, or special exception; (b) Modify the recommendation as submitted by the special magistrate and proceed to implement it by development agreement, when appropriate, or by other method, in the ordinary course and consistent with the rules and procedures of that governmental entity; or (c) Reject the recommendation as submitted by the special magistrate. Failure to act within 45 days is a rejection unless the period is extended by agreement of the owner and issuer of the development order or enforcement action. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 704 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.f (22) If a governmental entity accepts the special magistrate's recommendation or modifies it and the owner rejects the acceptance or modification, or if a governmental entity rejects the special magistrate's recommendation, the governmental entity must issue a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property. (23) The procedure established by this section may not continue longer than 165 days, unless the period is extended by agreement of the parties. A decision describing available uses constitutes the last prerequisite to judicial action and the matter is ripe or final for subsequent judicial proceedings unless the owner initiates a proceeding under ss. 120.569 and 120.57. If the owner brings a proceeding under ss. 120.569 and 120.57, the matter is ripe when the proceeding culminates in a final order whether further appeal is available or not. (24) The procedure created by this section is not itself, nor does it create, a judicial cause of action. Once the governmental entity acts on the special magistrate's recommendation, the owner may elect to file suit in a court of competent jurisdiction. Invoking the procedures of this section is not a condition precedent to filing a civil action. (25) Regardless of the action the governmental entity takes on the special magistrate's recommendation, a recommendation that the development order or enforcement action, or the development order or enforcement action in combination with other governmental regulatory actions, is unreasonable or unfairly burdens use of the owner's real property may serve as an indication of sufficient hardship to support modification, variances, or special exceptions to the application of statutes, rules, regulations, or ordinances to the subject property. (26) A special magistrate's recommendation under this section constitutes data in support of, and a support document for, a comprehensive plan or comprehensive plan amendment, but is not, in and of itself, diapositive of a determination of compliance with chapter 163. (27) The special magistrate shall send a copy of the recommendation in each case to the Department of Legal Affairs. Each governmental entity, within 15 days after its action on the special magistrate's recommendation, shall notify the Department of Legal Affairs in writing as to what action the governmental entity took on the special magistrate's recommendation. (28) Each governmental entity may establish procedural guidelines to govern the conduct of proceedings authorized by this section, which must include, but are not limited to, payment of special magistrate fees and expenses, including the costs of providing notice and effecting service of the request for relief under this section, which shall be borne equally by the governmental entities and the owner. (29) This section shall be liberally construed to effect fully its obvious purposes and intent, and governmental entities shall direct all available resources and authorities to effect fully the obvious purposes and intent of this section in resolving disputes. Governmental entities are encouraged to expedite notice and time -related provisions to implement resolution of disputes under this section. The procedure established by this section may be used to resolve disputes in pending judicial proceedings, with the agreement of the parties to the judicial proceedings, and subject to the approval of the court in which the judicial proceedings are pending. The provisions of this section are cumulative, and do not supplant other methods agreed to by the parties and lawfully available for arbitration, mediation, or other forms of alternative dispute resolution. (30) This section applies only to development orders issued, modified, or amended, or to enforcement actions issued, on or after October 1, 1995. History.—s. 2, ch. 95-181; s. 7, ch. 96-410; s. 25, ch. 97-96; s. 58, ch. 2004-11; s. 1, ch. 2011-139. 70.80 Construction of ss. 70.001, 70.45, and 70.51.—It is the express declaration of the Legislature that ss. 70.001, 70.45, and 70.51 have separate and distinct bases, objectives, applications, and processes. It is therefore the intent of the Legislature that ss. 70.001, 70.45, and 70.51 are not to be construed in pari materia. History.—s. 3, ch. 95-181; s. 3, ch. 2015-142. Copyright © 1995-2020 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html I Packet Pg. 705 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.g Select Year: 2020 v Go The 202o Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.3180 Concurrency.— (1) Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency requirement on a statewide basis. Additional public facilities and services may not be made subject to concurrency on a statewide basis without approval by the Legislature; however, any local government may extend the concurrency requirement so that it applies to additional public facilities within its jurisdiction. (a) If concurrency is applied to other public facilities, the local government comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service, to guide its application. In order for a local government to rescind any optional concurrency provisions, a comprehensive plan amendment is required. An amendment rescinding optional concurrency issues shall be processed under the expedited state review process in s. 163.3184(3), but the amendment is not subject to state review and is not required to be transmitted to the reviewing agencies for comments, except that the local government shall transmit the amendment to any local government or government agency that has filed a request with the governing body and, for municipal amendments, the amendment shall be transmitted to the county in which the municipality is located. For informational purposes only, a copy of the adopted amendment shall be provided to the state land planning agency. A copy of the adopted amendment shall also be provided to the Department of Transportation if the amendment rescinds transportation concurrency and to the Department of Education if the amendment rescinds school concurrency. (b) The local government comprehensive plan must demonstrate, for required or optional concurrency requirements, that the levels of service adopted can be reasonably met. Infrastructure needed to ensure that adopted level -of -service standards are achieved and maintained for the 5-year period of the capital improvement schedule must be identified pursuant to the requirements of s. 163.3177(3). The comprehensive plan must include principles, guidelines, standards, and strategies for the establishment of a concurrency management system. 1(2) Consistent with public health and safety, sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the local government of a certificate of occupancy or its functional equivalent. Prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. A local government may meet the concurrency requirement for sanitary sewer through the use of onsite sewage treatment and disposal systems approved by the Department of Health to serve new development. (3) Governmental entities that are not responsible for providing, financing, operating, or regulating public facilities needed to serve development may not establish binding level -of -service standards on governmental entities that do bear those responsibilities. (4) The concurrency requirement as implemented in local comprehensive plans applies to state and other public facilities and development to the same extent that it applies to all other facilities and development, as provided by law. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3180.html I Packet Pg. 706 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.g (5)(a) If concurrency is applied to transportation facilities, the local government comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service to guide its application. (b) Local governments shall use professionally accepted studies to evaluate the appropriate levels of service. Local governments should consider the number of facilities that will be necessary to meet level -of -service demands when determining the appropriate levels of service. The schedule of facilities that are necessary to meet the adopted level of service shall be reflected in the capital improvement element. (c) Local governments shall use professionally accepted techniques for measuring levels of service when evaluating potential impacts of a proposed development. (d) The premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level of service standard. A comprehensive plan that imposes transportation concurrency shall contain appropriate amendments to the capital improvements element of the comprehensive plan, consistent with the c G requirements of s. 163.3177(3). The capital improvements element shall identify facilities necessary to meet r a adopted levels of service during a 5-year period. .2 (e) If a local government applies transportation concurrency in its jurisdiction, it is encouraged to develop �a policy guidelines and techniques to address potential negative impacts on future development: 1. In urban infill and redevelopment, and urban service areas. 2. With special part-time demands on the transportation system. 3. With de minimis impacts. 4. On community desired types of development, such as redevelopment, or job creation projects. (f) Local governments are encouraged to develop tools and techniques to complement the application of a transportation concurrency such as: a, 1. Adoption of long-term strategies to facilitate development patterns that support multimodal solutions, a� _J including urban design, and appropriate land use mixes, including intensity and density. m Go 2. Adoption of an areawide level of service not dependent on any single road segment function. 3. Exempting or discounting impacts of locally desired development, such as development in urban areas, o redevelopment, job creation, and mixed use on the transportation system. `r° 4. Assigning secondary priority to vehicle mobility and primary priority to ensuring a safe, comfortable, and M attractive pedestrian environment, with convenient interconnection to transit. 5. Establishing multimodal level of service standards that rely primarily on nonvehicular modes of r transportation where existing or planned community design will provide adequate level of mobility. U) 6. Reducing impact fees or local access fees to promote development within urban areas, multimodal U transportation districts, and a balance of mixed -use development in certain areas or districts, or for affordable or c L workforce housing. L (g) Local governments are encouraged to coordinate with adjacent local governments for the purpose of using common methodologies for measuring impacts on transportation facilities. �o (h)1. Local governments that continue to implement a transportation concurrency system, whether in the form c adopted into the comprehensive plan before the effective date of the Community Planning Act, chapter 2011-139, M Laws of Florida, or as subsequently modified, must: Q a. Consult with the Department of Transportation when proposed plan amendments affect facilities on the strategic intermodal system. b. Exempt public transit facilities from concurrency. For the purposes of this sub -subparagraph, public transit facilities include transit stations and terminals; transit station parking; park -and -ride lots; intermodal public transit connection or transfer facilities; fixed bus, guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities, and hangars for the assembly, manufacture, maintenance, or storage of aircraft. As used in this sub -subparagraph, the terms "terminals" and "transit facilities" do not include seaports or commercial or residential development constructed in conjunction with a public transit facility. c. Allow an applicant for a development -of -regional -impact development order, development agreement, rezoning, or other land use development permit to satisfy the transportation concurrency requirements nf thin local www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3180.html I Packet Pg. 707 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.g comprehensive plan, the local government's concurrency management system, and s. 380.06, when applicable, it: (1) The applicant in good faith offers to enter into a binding agreement to pay for or construct its proportionate share of required improvements in a manner consistent with this subsection. (11) The proportionate -share contribution or construction is sufficient to accomplish one or more mobility improvements that will benefit a regionally significant transportation facility. A local government may accept contributions from multiple applicants for a planned improvement if it maintains contributions in a separate account designated for that purpose. d. Provide the basis upon which the landowners will be assessed a proportionate share of the cost addressing the transportation impacts resulting from a proposed development. 2. An applicant shall not be held responsible for the additional cost of reducing or eliminating deficiencies. When an applicant contributes or constructs its proportionate share pursuant to this paragraph, a local government may not require payment or construction of transportation facilities whose costs would be greater than a development's proportionate share of the improvements necessary to mitigate the development's impacts. a. The proportionate -share contribution shall be calculated based upon the number of trips from the proposed development expected to reach roadways during the peak hour from the stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain or achieve the adopted level of service, multiplied by the construction cost, at the time of development payment, of the improvement necessary to maintain or achieve the adopted level of service. b. In using the proportionate -share formula provided in this subparagraph, the applicant, in its traffic analysis, shall identify those roads or facilities that have a transportation deficiency in accordance with the transportation deficiency as defined in subparagraph 4. The proportionate -share formula provided in this subparagraph shall be applied only to those facilities that are determined to be significantly impacted by the project traffic under review. If any road is determined to be transportation deficient without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate -share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate -share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. c. When the provisions of subparagraph 1. and this subparagraph have been satisfied for a particular stage or phase of development, all transportation impacts from that stage or phase for which mitigation was required and provided shall be deemed fully mitigated in any transportation analysis for a subsequent stage or phase of development. Trips from a previous stage or phase that did not result in impacts for which mitigation was required or provided may be cumulatively analyzed with trips from a subsequent stage or phase to determine whether an impact requires mitigation for the subsequent stage or phase. d. In projecting the number of trips to be generated by the development under review, any trips assigned to a toll -financed facility shall be eliminated from the analysis. e. The applicant shall receive a credit on a dollar -for -dollar basis for impact fees, mobility fees, and other transportation concurrency mitigation requirements paid or payable in the future for the project. The credit shall be reduced up to 20 percent by the percentage share that the project's traffic represents of the added capacity of the selected improvement, or by the amount specified by local ordinance, whichever yields the greater credit. 3. This subsection does not require a local government to approve a development that, for reasons other than transportation impacts, is not qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. 4. As used in this subsection, the term "transportation deficiency" means a facility or facilities on which the adopted level -of -service standard is exceeded by the existing, committed, and vested trips, plus additional projected background trips from any source other than the development project under review, and trips that are forecast by established traffic standards, including traffic modeling, consistent with the University of Florida's www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3180.html I Packet Pg. 708 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.g Bureau of Economic and Business Research medium population projections. Additional projected background trips are to be coincident with the particular stage or phase of development under review. (i) If a local government elects to repeal transportation concurrency, it is encouraged to adopt an alternative mobility funding system that uses one or more of the tools and techniques identified in paragraph (f). Any alternative mobility funding system adopted may not be used to deny, time, or phase an application for site plan approval, plat approval, final subdivision approval, building permits, or the functional equivalent of such approvals provided that the developer agrees to pay for the development's identified transportation impacts via the funding mechanism implemented by the local government. The revenue from the funding mechanism used in the alternative system must be used to implement the needs of the local government's plan which serves as the basis for the fee imposed. A mobility fee -based funding system must comply with s. 163.31801 governing impact fees. An alternative system that is not mobility fee -based shall not be applied in a manner that imposes upon new development any responsibility for funding an existing transportation deficiency as defined in paragraph (h). (6)(a) Local governments that apply concurrency to public education facilities shall include principles, guidelines, standards, and strategies, including adopted levels of service, in their comprehensive plans and interlocal agreements. The choice of one or more municipalities to not adopt school concurrency and enter into the interlocal agreement does not preclude implementation of school concurrency within other jurisdictions of the school district if the county and one or more municipalities have adopted school concurrency into their comprehensive plan and interlocal agreement that represents at least 80 percent of the total countywide population. All local government provisions included in comprehensive plans regarding school concurrency within a county must be consistent with each other and the requirements of this part. (b) Local governments and school boards imposing school concurrency shall exercise authority in conjunction with each other to establish jointly adequate level -of -service standards necessary to implement the adopted local government comprehensive plan, based on data and analysis. (c) Public school level -of -service standards shall be included and adopted into the capital improvements element of the local comprehensive plan and shall apply districtwide to all schools of the same type. Types of schools may include elementary, middle, and high schools as well as special purpose facilities such as magnet schools. (d) Local governments and school boards may utilize tiered level -of -service standards to allow time to achieve an adequate and desirable level of service as circumstances warrant. (e) A school district that includes relocatable facilities in its inventory of student stations shall include the capacity of such relocatable facilities as provided in s. 1013.35(2)(b)2.f., provided the relocatable facilities were purchased after 1998 and the relocatable facilities meet the standards for long-term use pursuant to s. 1013.20. (f)1. In order to balance competing interests, preserve the constitutional concept of uniformity, and avoid disruption of existing educational and growth management processes, local governments are encouraged, if they elect to adopt school concurrency, to apply school concurrency to development on a districtwide basis so that a concurrency determination for a specific development will be based upon the availability of school capacity districtwide. 2. If a local government elects to apply school concurrency on a less than districtwide basis, by using school attendance zones or concurrency service areas: a. Local governments and school boards shall have the burden to demonstrate that the utilization of school capacity is maximized to the greatest extent possible in the comprehensive plan and amendment, taking into account transportation costs and court -approved desegregation plans, as well as other factors. In addition, in order to achieve concurrency within the service area boundaries selected by local governments and school boards, the service area boundaries, together with the standards for establishing those boundaries, shall be identified and included as supporting data and analysis for the comprehensive plan. b. Where school capacity is available on a districtwide basis but school concurrency is applied on a less than districtwide basis in the form of concurrency service areas, if the adopted level -of -service standard cannot be met in a particular service area as applied to an application for a development permit and if the needed capacity for the particular service area is available in one or more contiguous service areas, as adopted by the local www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3180.html I Packet Pg. 709 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.g government, then the local government may not deny an application for site plan or final subdivision approval or the functional equivalent for a development or phase of a development on the basis of school concurrency, and if issued, development impacts shall be subtracted from the contiguous service area's capacity totals. Students from the development may not be required to go to the adjacent service area unless the school board rezones the area in which the development occurs. (g) The premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level -of -service standard. A comprehensive plan that imposes school concurrency shall contain appropriate amendments to the capital improvements element of the comprehensive plan, consistent with the requirements of s. 163.3177(3). The capital improvements element shall identify facilities necessary to meet adopted levels of service during a 5-year period consistent with the school board's educational facilities plan. (h)1. In order to limit the liability of local governments, a local government may allow a landowner to proceed with development of a specific parcel of land notwithstanding a failure of the development to satisfy school concurrency, if all the following factors are shown to exist: a. The proposed development would be consistent with the future land use designation for the specific property and with pertinent portions of the adopted local plan, as determined by the local government. b. The local government's capital improvements element and the school board's educational facilities plan provide for school facilities adequate to serve the proposed development, and the local government or school board has not implemented that element or the project includes a plan that demonstrates that the capital facilities needed as a result of the project can be reasonably provided. c. The local government and school board have provided a means by which the landowner will be assessed a proportionate share of the cost of providing the school facilities necessary to serve the proposed development. 2. If a local government applies school concurrency, it may not deny an application for site plan, final subdivision approval, or the functional equivalent for a development or phase of a development authorizing residential development for failure to achieve and maintain the level -of -service standard for public school capacity in a local school concurrency management system where adequate school facilities will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval, or the functional equivalent. School concurrency is satisfied if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the property, including, but not limited to, the options described in sub -subparagraph a. Options for proportionate - share mitigation of impacts on public school facilities must be established in the comprehensive plan and the interlocal agreement pursuant to s. 163.31777. a. Appropriate mitigation options include the contribution of land; the construction, expansion, or payment for land acquisition or construction of a public school facility; the construction of a charter school that complies with the requirements of s. 1002.33(18); or the creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits. Such options must include execution by the applicant and the local government of a development agreement that constitutes a legally binding commitment to pay proportionate -share mitigation for the additional residential units approved by the local government in a development order and actually developed on the property, taking into account residential density allowed on the property prior to the plan amendment that increased the overall residential density. The district school board must be a party to such an agreement. As a condition of its entry into such a development agreement, the local government may require the landowner to agree to continuing renewal of the agreement upon its expiration. b. If the interlocal agreement and the local government comprehensive plan authorize a contribution of land; the construction, expansion, or payment for land acquisition; the construction or expansion of a public school facility, or a portion thereof; or the construction of a charter school that complies with the requirements of s. 1002.33(18), as proportionate -share mitigation, the local government shall credit such a contribution, construction, expansion, or payment toward any other impact fee or exaction imposed by local ordinance for public educational facilities, on a dollar -for -dollar basis at fair market value. The credit must be based on the total impact fee assessed and not on the impact fee for any particular type of school. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3180.html I Packet Pg. 710 12/30/2020 Statutes & Constitution :View Statutes : Online Sunshine 10.A.g c. Any proportionate -share mitigation must be directed by the school board toward a school capacity improvement identified in the 5-year school board educational facilities plan that satisfies the demands created by the development in accordance with a binding developer's agreement. 3. This paragraph does not limit the authority of a local government to deny a development permit or its functional equivalent pursuant to its home rule regulatory powers, except as provided in this part. (i) When establishing concurrency requirements for public schools, a local government must enter into an interlocal agreement that satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of this subsection. The interlocal agreement shall acknowledge both the school board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders. The interlocal agreement shall meet the following requirements: 1. Establish the mechanisms for coordinating the development, adoption, and amendment of each local c G government's school concurrency related provisions of the comprehensive plan with each other and the plans of r a the school board to ensure a uniform districtwide school concurrency system. .2 2. Specify uniform, districtwide level -of -service standards for public schools of the same type and the process �a for modifying the adopted level -of -service standards. 3. Define the geographic application of school concurrency. If school concurrency is to be applied on a less than 3 districtwide basis in the form of concurrency service areas, the agreement shall establish criteria and standards for the establishment and modification of school concurrency service areas. The agreement shall ensure maximum utilization of school capacity, taking into account transportation costs and court -approved desegregation plans, as well as other factors. a 4. Establish a uniform districtwide procedure for implementing school concurrency which provides for: T) a, a. The evaluation of development applications for compliance with school concurrency requirements, including a� information provided by the school board on affected schools, impact on levels of service, and programmed Go improvements for affected schools and any options to provide sufficient capacity; b. An opportunity for the school board to review and comment on the effect of comprehensive plan o amendments and rezonings on the public school facilities plan; and `r° c. The monitoring and evaluation of the school concurrency system. M 5. A process and uniform methodology for determining proportionate -share mitigation pursuant to paragraph (h). (j) This subsection does not limit the authority of a local government to grant or deny a development permit or r U) its functional equivalent prior to the implementation of school concurrency. U History.—s. 8, ch. 93-206; s. 12, ch. 95-341; s. 3, ch. 96-416; s. 1, ch. 97-253; s. 5, ch. 98-176; s. 4, ch. 99-378; s. 2, ch. 2002-13; s. 6, L ch. 2002-296; s. 5, ch. 2005-290; s. 11, ch. 2005-291; s. 18, ch. 2006-1; s. 3, ch. 2006-220; s. 3, ch. 2006-252; s. 11, ch. 2007-196; s. 2, ch. 3 2007-198• s. 3 ch. 2007-204• s. 5 ch. 2009-85• s. 4 ch. 2009-96• s. 17 ch. 2010-5• s. 1 ch. 2010-33• s. 4 ch. 2011-14• s. 15 ch. 2011- v 139; s. 7, ch. 2012-99; s. 1, ch. 2013-78; s. 4, ch. 2019-165; s. 28, ch. 2020-150. U 1Note.—Section 28, ch. 2020-150, amended subsection (2), effective July 1, 2021, to read: r (2) Consistent with public health and safety, sanitary sewer, solid waste, drainage, adequate water supplies, and potable water c m facilities shall be in place and available to serve new development no later than the issuance by the local government of a certificate of t occupancy or its functional equivalent. Prior to approval of a building permit or its functional equivalent, the local government shall U consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available r Q no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. A local government may meet the concurrency requirement for sanitary sewer through the use of onsite sewage treatment and disposal systems approved by the Department of Environmental Protection to serve new development. Copyright © 1995-2020 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0163/Sections/0163.3180.html I Packet Pg. 711 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h ABCS OF LOCAL LAND USE AND ZONING DECISIONS M Vol. 84, No.1 January 2010 Pg 20 m Gary K. Hunter, Jr. and Douglas M. Smith .2 F Environmental & Land Use Law N R This article targets the general practitioner who is called either to assist clients in seeking local government development approvals or in opposing such approvals. Often times, attorneys are approached on the eve of a critical public hearing to urge support for or object to a development order. Many times, clients wait until the last minute to seek legal counsel to assist in what they perceive as a local political matter. What clients J may not anticipate are the vagaries of local collegial boards or the impact of well - 00 to organized or invested opposition. They may also discount the expense and uncertainty of litigation that may result from a development order being issued or denied. The purpose of this article is to arm the general practitioner with the tools demanded by this unique legal arena. The emphasis is on prevention because the outcome is often a dictated by the presentation of evidence in the local government proceeding. y a� Expectations Associated with Local Government Boards m Securing land use approvals begins long before an application is filed or reviewed by staff. In advance of applying for local development orders, applicants and their lawyers L ,° must familiarize themselves with the filing processes, procedures, and substantive standards applicable to the application. Processes among local governments vary; one o must be familiar with the relevant government's standards before proceeding with a particular project. Once advised on the process, the lawyer should ensure that staff properly reviews the application. This review may entail analysis of staff work product and notices throughout the process to ensure completeness with both procedural and substantive criteria. Counsel should also scrutinize the work product of retained consultants as they may not appreciate the need for strict compliance with the legal requirements. Any errors in the review process ultimately harm the client, not the local government. When dealing with staff, the attorney must remember that ethics, credibility, and m integrity are paramount. While clients may become frustrated with the development a review process, it is important that the attorney and client interact with local c E government staff honestly and with proper decorum. Threatening a lawsuit or suggesting that one will go over a reviewer's head is rarely appropriate and, more oftell a than not, unproductive. In addition, an attorney seeking a land use approval must I Packet Pg. 712 https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h remember that he or she may be called in the future to work with staff on a different development, and the attorney's dealings with staff on other projects may impact his or her ability to achieve a client's goals. Being professional with staff at all times benefits the attorney's current and future clients. • Types of Proceeding: Know the Pules — There are two] general types of land use approval proceedings before a local government: quasi -legislative and quasi-judicial.2 Quasi -legislative decisions are generally described as those in which the loca government is tasked with formulating policy rather than applying specific rules to a particular situation.3 A local government's approval or denial of an issue in its quasi - legislative capacity is typically subject to a fairly debatable standard of review.4 Fairly debatable means that the government's action must be upheld if reasonable minds could differ as to the propriety of the decision reached.5 Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid.6 Quasi-judicial decisions involve the application of policy to a specific development application.7 Quasi-judicial hearings are to be conducted with more formality than a legislative public hearing and are akin to informal trials. Quasi-judicial decisions are subject to a certiorari standard of review on appeal. The distinction between the two types of proceedings impacts the process that the applicant is due, the relative discretion the local government has in approving or denying the requested action, and the proper method for appealing an adverse decision. Know What Process is Due — Understanding whether a decision is quasi-judicial or quasi -legislative is critical, as procedural due process rights are enhanced in quasi- judicial proceedings and the standards of review differ substantially. For example, quasi - legislative hearings require little process. Indeed, allowing only 10 minutes for members of the public to speak on quasi -legislative matters comports with due process.8 Moreover, limitations on ex parte communications with the decisionmakers that apply to quasi-judicial hearings do not apply to legislative determinations. There is no right in quasi -legislative hearings to cross-examine witnesses.9 contrast, in quasi-judicial hearings, parties are entitled as a matter of due process to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision that is based on a correct application of the law and competent E a https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ Packet Pg. 713 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h substantial evidence in the record.10 Recent case law provides that limiting parties to only eight minutes to present positions regarding a zoning resolution violates procedural due process under the circumstances of that case.» In quasi-judicial proceedings, participants must be careful to avoid contacting the members of the deciding panel prior to the hearing to urge a particular outcome.12 If ex parte contacts have been made (which is more often than not the case), they must be disclosed at the quasi-judicial hearing or they are presumed prejudicial to the outcome ; and will likely result in a finding of a violation of procedural due process.13 The y presumption can only be overcome if the local government — not the applicant — demonstrates that the contact was not prejudicial following a multi -factor, fact -intensive 00 analysis.14 to • Know the Applicable Legal Burden — The discretion afforded decisions on quasi - legislative matters is broad, and decisions need only satisfy the "fairly debatable" standard. Given this broad discretion, only decisions that are arbitrary and capricious or M a illegal are subject to serious legal challenge.15 y a� Quasi-judicial decisions are more involved. It is beyond the scope of this article to � y p m describe the myriad criteria that may apply to a particular application. The general rule, :2 however, requires the applicant (not local government staff) to demonstrate compliance L ,° with the local government's code of ordinances, land development regulations, and a� comprehensive plan. For example, to obtain a site -specific rezoning, the applicant must demonstrate that the rezoning is consistent with the local government's comprehensive plan and all procedural requirements of the zoning ordinance; if the initial burden is met, the burden shifts to the local government to demonstrate that maintaining the existing zoning on the property serves a legitimate public purpose or that the decision denying the rezoning is not arbitrary, discriminatory, or unreasonable.16 A similar burden shifting scheme applies to site plan and plat approvals, special exceptions, and variances (although the relevant tests differ).17 At a minimum, once the applicant makes a prima facie showing of entitlement to a development order, the burden shifts to the local government to justify denial of the order for proper reasons that are based on competent substantial evidence in the record. The applicant bears the initial burden of presenting competent substantial evidence to support its development application. Thus, if local government staff omits a substantive item in its review, the applicant must be prepared to supplement the record with https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ I Packet Pg. 714 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h competent evidence or risk legal challenge to an issued development order. Most Florida local governments are blessed with capable planning and legal staff; nonetheless, applicants should avoid ceding responsibility for ensuring compliance with @ the land development code and comprehensive plan to the local government. U Similarly, third parties challenging the issuance of a development order must be prepared to establish noncompliance through competent evidence, including witness testimony at the quasi-judicial hearing. The failure to raise an issue before the local government prevents them from raising additional issues on appeal. y • Making the Case on the Record — In preparing for a hearing before a local board, one J must be prepared to establish a record demonstrating entitlement to the development permit sought, including submitting competent substantial evidence as proof. If an appeal is anticipated, the lawyer should ensure that the record is transcribed at the M hearing or, at a minimum, the proceedings are recorded such that they can be .y transcribed at a later date. The lawyer must ensure that the record contains all a information necessary to defend (or defeat) the development order on appeal, as the y record is generally fixed in certiorari proceedings. In other words, if evidence on an issue being appealed was not presented at the hearing before the local government, the L m evidence does not exist as far as the appeal is concerned.18 L U_ In proceedings before the local board, the applicant typically addresses whether the requested development order complies with the land development code and comprehensive plan. It is also critical to make objections on the record to procedural or 0 y substantive deficiencies — as the failure to raise proper objections can result in the U a issues being waived for purposes of appeal.19 Making the case on the record in a quasi-judicial proceeding can lead to awkward interactions with collegial boards. Given the judicial nature of the proceeding, it is incumbent on counsel to ensure that testimony and evidence provided is competent and substantia1.20 Establishing that opposing evidence is neither competent nor substantial may require thorough cross-examination of staff and witnesses. Although awkward and often uncomfortable, creation and thorough development of the record is necessary if further appellate proceedings are to offer hope for success. That does not mean, however, that the lawyer should feel free to treat the local government forum like a circuit courtroom. Courtroom theatrics and aggressive treatment of witnesses are likely to solidify a board vote against one's client. a https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ Packet Pg. 715 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h In addition, any party challenging the issuance of a development order must establish its standing on the record. Indeed, a third party challenging the development order must establish standing in the first instance before it will have standing to pursue a petition for writ of certiorari with a circuit court.21 Third parties and special interest groups must be vigilant in establishing standing under the "special injury" test set forth in Renard v. Dade County, 261 So. 2d 832 (Fla. 1972).22 That test requires the party c challenging a development order to show special damages peculiar to the party which differ in kind (as opposed to degree) to the damages suffered by the community as a whole.23 Moreover, if the challenger is a special interest group, it must demonstrate that a substantial number of its members are similarly affected.24 This evidence must be J included in the record before the local government or it will not be considered on a to petition for writ of certiorari.25 It's Not Over'Til It's Rendered —The local administrative process is not complete until the order is "rendered" in writing and filed with the clerk. statute, all denials of development permits must be in writing.26 Recent case law leaves little question that the time for appeal commences upon the local government's filing of the written order (either in the form of a denial or an issuance).27 Appeals • Choosing Which Way to Go — Adversely affected parties have several avenues of appeal. Which route to take depends largely upon whether the local tribunal was acting in a quasi -legislative or quasi-judicial capacity and, if the latter, what was the underlying reasoning for the rendered decision. Preliminarily, if the local tribunal acted in a quasi -legislative capacity, the standard of review is usually "fairly debatable," and the avenue of appeal is typically a declaratory judgment action in circuit court.28 contrast, if the local tribunal was acting in a quasi- judicial capacity, dual appellate options exist: a petition for writ of certiorari to the circuit court or a complaint for declaratory judgment pursuant to F.S. §163.3215 (2008), also filed in circuit court. Further, if quasi-judicial, the reasons underlying the local tribunal's decision impact the method of appeal. A decision based on code compliance is appealable by filing a petition for writ of certiorari. A decision based on consistency or inconsistency with the comprehensive plan may only be challenged by filing a declaratory judgment action Z under F.S. §163.3215. Moreover, many local government decisions are premised on Q https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ Packet Pg. 716 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h noncompliance with the comprehensive plan and land development code, which may necessitate the filing of a petition for writ of certiorari and a complaint for declaratory judgment under F.S. §163.3215, if all appealable issues are to be addressed. @ Additionally, issues regarding the constitutionality of a local ordinance are not appealable by petition for writ of certiorari; such claims must be pursued as a declaratory judgment action.29 Similarly, issues regarding vested rights, equitable estoppel, and waiver may not be germane to the development order being requested. If ; so, such issues are inappropriate for consideration by petition for writ of certiorari.30 y Other avenues of appeal may be available.31 J 00 Finally, nonprevailing applicants often seek to invoke federal civil rights law under 42 U.S.C. §1983 (2006), in part to take advantage of attorneys' fees shifting under 42 U.S.C. §1988. However, such claims are extremely limited in Florida and usually do not succeed.32 .y R 3 a • Timing ofAppeal —The petition for writ of certiorari must be filed within 30 days of > rendition of the order by the local government. "Rendition" is defined as the date the order being challenged is signed and filed with the city or county clerk.33 Similarly, m lawsuits under F.S. §163.3215 must be filed within 30 days of rendition of the challenged :2 L o rd e r.34 _ Lawyers should familiarize themselves with the local land use code as it may provide alternative procedures for appealing a local land use decision, including special U magistrate proceedings pursuant to F.S. §70.51. These proceedings may provide more o cost-effective alternatives than circuit court litigation; in addition, requirements S r_ regarding exhaustion of administrative remedies may be implicated. N If circuit court is the proper venue, the practitioner must bear in mind that the filing of a complaint or a petition for writ of certiorari requires much more preparation than the filing of a notice of appeal. Writ petitions are, in essence, opening appellate briefs which must cite record evidence, cases, and arguments demonstrating a violation of procedural due process, the essential requirements of law, or a decision lacking competent substantial evidence as support.35 Preparing the petition is typically far more time intensive than filing a notice of appeal. Likewise, while not as involved as writ petitions, complaints under F.S. §163.3215 must identify all inconsistencies between the challenged land use decision and the local comprehensive plan. Either option requires adequate lead time for preparation. https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ I Packet Pg. 717 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h • Standards of Review— Under Florida law, local land use decisions made in the context of a quasi-judicial hearing are appealable as a matter of right to circuit court.36 Certiorari review is limited in nature. The standard of review before the circuit court is as follows:1) whether procedural due process was afforded, 2) whether the local tribunal observed the essential requirements of law, and 3) whether the local government's decision was ch based on competent substantial evidence. To be legally sufficient, the petition must c demonstrate a preliminary basis for relief, i.e., the local tribunal's decision failed to comply with one of the above requirements.37 If the petition fails to meet this standard, it is subject to summary dismissal.38 a) J In contrast to writ petitions, cases brought under F.S. §163.3215 are subject to a "strict to to le scrutiny" standard of review. The circuit court, in a de novo proceeding, must evaluate whether the development order issued strictly complies with the local government's adopted comprehensive plan.39 Cases brought under this section are much more involved than the aforementioned certiorari proceeding. As with any other civil proceeding, the parties are entitled to discovery, and the case is tried in a full bench trial The matter is not limited to record evidence before the lower tribuna1.40 • Proceedings and Remedy— Perhaps the most striking distinction between writs of certiorari and complaints for declaratory judgment are the procedures applicable to the cases and the available remedies. Petitions for writ of certiorari are appellate in nature. The case is pursued under the Florida Rules of Appellate Procedure.41 Once the circuit court issues an order to show cause, appellate briefing timelines specified in Fla. R. App. P. 9.100 control. Such matters are typically resolved after an "appellate" type hearing before a circuit court judge (or in some judicial circuits, a panel of judges). In a writ of certiorari proceeding, the circuit court's sole remedy is to issue the writ and remand the matter to the lower tribunal for further consideration (subject to the legal direction of the court).42 In other words, the reward for prevailing on a petition for writ of certiorari is a second proceeding before the local tribunal that initially rendered the adverse decision. The circuit court cannot enter any judgment on the merits as to the underlying case or direct the lower tribunal to enter a particular order.43 contrast, complaints invoking equitable jurisdiction under F.S. §163.3215 offer equitable remedies.44 Such lawsuits can be broader than the statute may suggest at first glance F.S. §163.3215 specifies that the section is the exclusive method "for an aggrieved or adversely affected party to appeal and challenge the consistency of a development a order with a comprehensive plan adopted under this part." "Aggrieved or adversely A https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ I Packet Pg. 718 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h affected" parties are defined as persons or local governments "which will suffer an adverse effect to an interest protected or furthered by the comprehensive plan."45 Due to recent statutory amendments, the definition of "adversely affected party" specifically includes the developer/applicant for a development order. As construed by the courts, the broad definition of "adversely affected party" opens the courthouse doors to a broad class of potential plaintiffs seeking de novo review of issued development orders.46 c However, the sole issue that may be litigated in such cases is consistency (or inconsistency) with the comprehensive plan. As noted, complaints under F.S. §163.3215 invoke the equitable jurisdiction of the court. Available remedies include declaratory and injunctive relief. Under appropriate circumstances, courts may order the removal of structures built pursuant to illegally issued development orders.47 While an order of removal may seem unlikely, the mere potential of that remedy should sufficiently encourage developers to allow legal challenges to reach a conclusion before expending resources on the subject project. Under such circumstances, the risk and expense of delay are typically borne entirely by the developer. The delay and attendant expense only fortify the importance of ensuring compliance with the local code and comprehensive plan in the first instance. Conclusion Navigating local land use approvals can be harrowing. Understanding the local land development process as well as the legal burdens will go far in securing a client's objectives. Preparation and knowledge in the area is paramount to success. Most critical is identifying the relevant legal standards and procedures by reviewing the local government's land development code and comprehensive plan. Thereafter, direct efforts toward culling competent substantial evidence to justify one's decision or refute the opponent's position. Local land use appeals are rarely "slam dunks," but such cases typically improve with considerable reflection and case adjustment before the matter is presented to the local tribunal. Waiting to establish the legally required showing until the hearing on the requested development order or an appeal thereafter may prove devastating to one's case. A third type of approval is an administratively issued development order such as a a building permit. Such approvals are based on an executive decision concerning code a� compliance, and they are typically issued without a hearing. The determination concerning code compliance is typically made following a staff review process, and the a https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ Packet Pg. 719 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h ultimate development order is usually issued by the appropriate local government official. Since these approvals do not entail public hearings before the local government, this article focuses on the quasi-judicial and legislative approvals only. @ 2 Practitioners should be aware that whether a decision is quasi-judicial versus quasi- N legislative is a matter of law that is not impacted by the nomenclature selected by the local government. D.R. Horton v. Peyton, 959 So. 2d 390,400 (Fla. 1st D.C.A. 2007). It is the character of the proceeding that controls. Bd. of County Comm'rs v. Snyder, 627 So. 2d ; 474 (FIa.1993). y a� 3 Snyder, 627 So. 2d at 474. (distinguishing between quasi -legislative and quasi-judicial J to proceedings). The classic quasi -legislative decisions in land use are amendments to to comprehensive plans, general zonings or rezonings, adoption of land development M regulations, decisions on developer agreements, issuance of debt instruments, and decisions to enter into proportionate fair share agreements. :y M 41d. An atypical standard and procedure is applicable to the review of comprehensive plan amendment approvals (as opposed to denials), which are subject to review under a specific administrative scheme set forth in Fla. Stat. §163.3184 (2008). m �a 5 Coastal Dev. of N. Fla., Inc. v. City of Jacksonville Beach, 788 So. 2d 204, 205 n.l (Fla. o U_ 2001); Martin County v. Yusem, 690 So. 2d 1288,1295 (Fla.1997). 6 City of Miami Beach v. 8707 Collins Ave., 77 So. 2d 428, 430 (FIa. 1954). o 7 Snyder, 627 So. 2d at 474. Common development orders that are considered in the context of a quasi-judicial hearing are site -specific rezoning, site plan approvals, variances, special exceptions, and voluntary annexations. 8 See, e.g., Reed v. Cal. Coastal Zone Conservation Comm'n, 55 Cal. App. 3d 889 (Cal. Ct. App.1975); see also Hadley v. Dep't ofAdmin., 411 So. 2d 184 (Fla.1982) (noting "[t]here is.. . no single, unchanging test which may be applied to determine whether requirements of procedural due process have been met"). 9 Coral Reef Nurseries, Inc. v. Babcock Co., 410 So. 2d 648, 652-53 (Fla. 3d D.C.A.1982) 10 Jennings v. Dade County, 589 So. 2d 1337,1340 (Fla. 5th D.C.A.1991). » Hernandez -Canton v. Miami City Comm'n, 971 So. 2d 829,832 (Fla. 3d D.C.A. 2007). Q https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ Packet Pg. 720 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h 12 Jennings, 589 So. 2d at 1340; Vizcayans, Inc. v. City of Miami, IS Fla. L. Weekly Supp. 657 (Fla. llth Cir. Ct. May 7, 2008). 13 See Fla. Stat. §286.0115. 2 14 Jennings, 589 So. 2d at 1340. 3 c� 1s Bd. of County Comm'rs v. Casa Dev., Ltd., 332 So. 2d 651, 654 (Fla. 2d D.C.A.1976). a� 16 Snyder, 627 So. 2d at 476. y 17 See Broward County v. G.B.V. International, Ltd., 787 So. 2d 838, 842 (Fla. 2001) (site a� J plan and plat approval standard); Premier Developers III Assocs. v. City of Fort 00 Lauderdale, 920 So. 2d 852, 854 (Fla. 4th D.C.A. 2006) (site plan approval standard); Metro. Dade County v. Section 77 Prop. Corp., 719 So. 2d 1204,1205 (Fla. 3d D.C.A.1998) (special exception standard); Bd. of County Comm'rs v. Webber, 658 So. 2d 1069,1073 (Fla. 2d D.C.A.1995) (variance standard). M a 18 See City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla.1982). 19 Valdez v. Miami Dade County Bd. of County Comm'rs, No. 07-304 AP (Fla. llth Cir. Ct. L Mar. 31, 2008). In that case, one of the commissioners on the Miami -Dade County Board o of County Commissioners made inappropriate comments during a hearing concerning U_ an application for a boundary change or a use variance. Id. The court concluded that procedural due process requirements had not been violated because Mr. Valdez failed to object to the commissioner's comments during the hearing. Id. While the hearing was o informal, Mr. Valdez was required to object to any procedural irregularities to preserve S r_ his right to raise the issue on appeal. Id. N 20 Vaillant, 419 So. 2d at 624. 21 The same is not true of a declaratory judgment action brought under Fla. Stat. §163.3215. Save the Homosassa Piver Alliance, Inc. v. Citrus County, 2 So. 3d 329 (Fla. 5th D.C.A. 2008). However, the only issue in such a proceeding is the consistency (or inconsistency) of the development order with the comprehensive plan. Issues relating to code compliance are not the proper subject of a declaratory judgment action under this section. 22 As noted herein, a more liberal standard applies to comprehensive plan consistency challenges under Fla. Stat. §163.3215. A https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ I Packet Pg. 721 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h 23 City of Fort Myers v. Splitt, 988 So. 2d 28,32 (Fla. 2d D.C.A. 2008) (distinguishing between standing under Fla. Stat. §163.3215, and standing to bring a petition for writ of certiorari). 24 See Fla. Home Builders Ass'n v. Dep't of Labor and Employment Sec., 412 So. 2d 351, 353-54 (Fla.1982); af., Dunlap v. Orange County, 971 So. 2d 171,175 (Fla. 5th D.C.A. 2007) (confirming that evidence of standing need not be established before the local tribunal for an adversely affected party to bring a lawsuit under Fla. Stat. §163.3215). 25 Splitt, 988 So. 2d at 28. 26 See Fla. Stat. §§125.022 and 166.033; see also Fla. Stat. §163.3215(3). 27 See 5220 Biscayne Blvd., LLC v. Stebbins, 937 So. 2d 1189,1190 (Fla. 3d D.C.A. 2006). 28 As noted in endnote 4, proceedings related to comprehensive plan amendments are an exception to the rule. Approved comprehensive plan amendments are subject to appeal administratively under Fla. Stat. Ch.120, before the Department of Community Affairs or Division of Administrative Hearings. Fla. Stat. §163.3184. The appropriate forum and relative standard of review varies upon whether the comprehensive plan amendment is a small-scale or large-scale amendment and whether the Florida Department of Community Affairs found the amendment "in compliance." contrast, a decision denying a comprehensive plan amendment is appealed by filing a declaratory judgment action in circuit court; the standard of review in the proceeding is "fairly debatable." 29 Miami -Dade County v. Omnipoint Holdings, Inc., 863 So. 2d 195 (Fla. 2003). 30 Palazzo Los Olas Group, LLC v. City of Fort Lauderdale, 966 So. 2d 497, 501 (Fla. 4th D.C.A. 2007). 31 Id. 32 McKinney v. Pate, 20 F.3d 1550 (Fla. llth Cir.1994); Villas of Lake Jackson, Ltd. v. Leon County,121 F.3d 610 (Fla. llth Cir.1997); Paedae v. Escambia County, 709 So. 2d 575 (Fla 1st D.C.A.1998). 33 Fla. Stat. §163.3215(3); Fla. R. App. P. 9.020(h); 5220 Biscayne Boulevard, LLC, 937 So. 2d 1189. 34 5220 Biscayne Boulevard, LLC, 937 So. 2d 1189. https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ Packet Pg. 722 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 10.A.h 3s See Fla. R. App. P. 9.100(g) (listing the general requirements for the petition). 36 Saadeh v. City of Jacksonville, 969 So. 2d 1079,1082 (Fla. 1st D.C.A. 2007) (citing Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089,1092 (Fla. 2000)). 37 Fla. R. App. P. 9.100(h). See generally Fine v. City of Coral Gables, 958 So. 2d 433 (Fla. 3d D.C.A. 2007). 38 Recent case law supports the proposition that the writ petition may be dismissed without leave to amend and without oral argument if it does not demonstrate, on its face, a preliminary basis entitling the petitioner to relief. Fine, 958 So. 2d 433. As such, great care should be used in preparing the petition. 39 "Strict scrutiny" in the land use context has been described as a process whereby the circuit court makes a detailed examination of a statute, rule, or order of a tribunal for exact compliance with or adherence to a standard or norm. Snyder, 627 So. 2d 474. 40 Fla. Stat. §163.3194(4)(a). 41 In Concerned Citizens of Bayshore Comm., Inc. v. Lee County, 923 So. 2d 521 (Fla. 2d D.C.A. 2005), the Second District concluded that Fla. R. Civ. P.1.630 applies to common law petition for writ of certiorari proceedings. This conclusion appears unsupported in light of a 1996 amendment to Fla. R. App. P. 9.100 clarifying that petitions for writ of certiorari that are appellate in nature are governed by the appellate rules, not Fla. R. Civ P.1.630. See generally Fla. R. App. P. 9.100 comm. notes 1996 Amendment. 42 Clay County v. Kendale Land Dev., Inc., 969 So. 2d 1177,1181 (Fla. 1st D.C.A. 2007) 43 Id.; Broward County v. G.B.V. Intl., Ltd., 787 So. 2d 838, 844 and n.18 (Fla. 2001). 44 See Pinecrest Lakes, Inc. v. Shidel, 795 So. 2d 191 (Fla. 4th D.C.A. 2001). 4s Fla. Stat. §163.3215(2). The definition specifies that "the alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons." Id. However, in Save the Homosassa River Alliance, 2 So. 3d 329, the court broadly construed this language to allow plaintiffs with a generalized interest in environmental issues impacting the Homosassa River to proceed under Fla. Stat. §163.3215, because their interests were alleged to be adversely impacted and because the stated environmental interest was greater than a generalized interest in the community at large. Id. at 340. A https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/ I Packet Pg. 723 12/23/2020 ABCs of Local Land Use and Zoning Decisions — The Florida Bar 46 1d. at 345 (Pleus, J., dissenting). 10.A. h 47 See Pinecrest Lakes, Inc., 795 So. 2d 191. Gary K. Hunter, Jr., and Douglas M. Smith are shareholders with Hopping Green & Sams, P.A., in Tallahassee. Mr. Hunter is immediate past chair of the Environmental and Land Use Law Section of the Bar. He received both his undergraduate (BBA) and law degrees, cum laude, from the University of Georgia. His practice concentrates on land use entitlements, land use litigation, property rights litigation, and representation of clients before the Florida Legislature. Mr. Smith received his undergraduate degree from California State University, Chico, and his J.D. degree, with great distinction, from University of the Pacific, McGeorge School of Law, where he served as an articles and comment editor of the law review. His practice concentrates on land use entitlements, land use litigation, and real estate disputes. This column is submitted on behalf of the Environmental and Land Use Law Section, Paul H. Chipok, chair, and Gary K. 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