The URL can be used to link to this page

Agenda 03/09/2021 Item #17D (Ordinance - Cirrus Pointe RPUD)17.D 03/09/2021 EXECUTIVE SUMMARY This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in Recommendation to approve 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. [This is a companion to Agenda Item 17.C1 [James Sabo, AICP Comprehensive Planning Manager] OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition, render a decision regarding this PUD amendment petition and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject 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 The petitioners are requesting that the Collier County Board of Commissioners 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 amendment. There is a public -private partnership grant of $320,000 related to affordable housing attached to the property. Collier County holds a secured second mortgage on the property for $320,000. The money is discussed in the project history here and the Community and Human Services Division has provided a recommendation. 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. Packet Pg. 1349 17.D 03/09/2021 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.. 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 Amendment: 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. As stated, the applicant proposes to amend the 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. 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 Packet Pg. 1350 17.D 03/09/2021 from the Bayshore Gateway Triangle Redevelopment Overlay of the Future Land Use Element of the GMP. Community and Human Services (Affordable 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. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. Additionally, the CCPC has included a recommendation that if the applicant eliminates the affordable housing density bonus, then $320,000 should be immediately repaid to the affordable housing trust fund. GROWTH MANAGEMENT IMPACT: 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 f9.93-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 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. Packet Pg. 1351 17.D 03/09/2021 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 7' 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. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard petition PUDA-PL20190001364 on January 21, 2021, and there was a motion to approve by Commissioner Schmitt second by Commissioner Homiak with stipulations detailed below. The motion passed unanimously. However, the agenda item is scheduled is under public hearings because there is a recommendation by the CCPC regarding payment of the $320,000 outstanding loan balance. 1. 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. (Note: The condition has been added to the PUD Ordinance in Developer Commitments 5.6.A Planning) 2. The CCPC recommends that the applicant repay the loan of $320,000.00 to the County's Affordable Housing Trust Fund. (Note: The condition has been added to the PUD Ordinance in Developer Commitments 5.1 General) LEGAL CONSIDERATIONS: The applicant is requesting the termination of an affordable housing Packet Pg. 1352 17.D 03/09/2021 agreement to remove the requirement to provide affordable units without repaying the affordable housing loan. Applicant is also asking for 97 bonus units from the Bayshore density pool. This is an amendment to the existing Cirrus Pointe Residential Planned Unit Development (RRPUD), which name is proposed to change to Camden Landings RPUD with this amendment. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. Consider: Conformity of the proposed RPUD with the goals, objectives, and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Packet Pg. 1353 17.D 03/09/2021 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the County? 23. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This is approved Packet Pg. 1354 17.D 03/09/2021 as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) 1. RECOMMENDATION: Staff agrees with the recommendation of the CCPC and recommends approval of petition PL20190001364 Camden Landing PUDA with the CCPC stipulations included in the PUD Ordinance in Developer Commitments Section 5.1 General repayment of $320,000 and Developer Commitments Section 5.6.A payment to the Bayshore CRA. Staff also recommends approval of the termination agreement related to the Affordable Housing Agreement. Prepared by: C. James Sabo, AICP, Comprehensive Planning Manager, Zoning Division ATTACHMENT(S) 1. Final Staff Report Camden Landing.01.08.2021 (PDF) 2. Attachment A Ordinance - 030321 (PDF) 3. Attachment B Proposed Master Plan Camden Landing (PDF) 4. Attachment C FLUE Consistency Review (PDF) 5. Attachment D CRA Minutes 110320 (PDF) 6. [Linked] Attachment E Camden Landing Backup Material (PDF) 7. Attachment F Yovanovich Afford House req.8.17.2020 (PDF) 8. Attachment G BCC Minutes 09_08_2020 R (1) (PDF) 9. Affordable Housing DB Termination Agrmnt 20210114 initialed - Copy (PDF) 10. legal ad backup (PDF) Packet Pg. 1355 03/09/2021 17.D COLLIER COUNTY Board of County Commissioners Item Number: 17.D Doc ID: 14907 Item Summary: This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve 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. [This is a companion to Agenda Item 17.C] [Coordinator James Sabo, AICP Comprehensive Planning Manager] Meeting Date: 03/09/2021 Prepared by: Title: — Zoning Name: James Sabo 02/02/2021 3:58 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 02/02/2021 3:58 PM Approved By: Review: Growth Management Department Zoning Zoning County Attorney's Office Growth Management Department County Attorney's Office Jeanne Marcella Level 1 Reviewer Ray Bellows Additional Reviewer Anita Jenkins Additional Reviewer Heidi Ashton-Cicko Level 2 Attorney of Record Review Thaddeus Cohen Department Head Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Office of Management and Budget Grants Laura Zautcke Additional Reviewer Therese Stanley Additional Reviewer Completed 02/05/2021 1:04 PM Completed 02/08/2021 11:31 AM Completed 02/08/2021 2:50 PM Completed 02/24/2021 4:42 PM Completed 02/25/2021 1:03 PM Completed 02/25/2021 3:39 PM Completed 02/26/2021 12:30 PM Completed 02/26/2021 2:31 PM Completed 03/02/2021 2:10 PM Packet Pg. 1356 17.D 03/09/2021 County Manager's Office Board of County Commissioners Dan Rodriguez Level 4 County Manager Review Mary,lo Brock Meeting Pending Completed 03/03/2021 11:17 AM 03/09/2021 9:00 AM Packet Pg. 1357 17.D.1 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. 1358 17.D.1 a o a goo®o®©®®eon a A 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 ® A 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. 1359 17.D.1 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. 1360 17.D.1 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. 1361 17.D.1 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. 1362 17.D.1 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. 1363 17.D.1 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. 1364 17.D.1 108.0/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. 1365 17.D.1 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. 1366 17.D.1 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. 1367 17.D.1 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. 1368 17.D.1 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. 1369 17.D.1 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. 1370 17.D.1 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. 1371 17.D.1 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. 1372 17.D.1 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. 1373 17.D.2 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 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. [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-01948/1610169/1]161 Camden Landing RPUD \ PL20190001364 1 of 2 3/3/21 Packet Pg. 1374 17. D.2 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 , Deputy Clerk Approved as to form and legality: \J((L 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 [I 9-CPS-0 1948/1610169/1] 161 Camden Landing RPUD \ PL20190001364 2 Of 2 3/3/21 Packet Pg. 1375 17.D.2 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 PROVID4SIONS 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 October 2 2005 March 3, 2021 DATE REVIEWED BY CCPC DATE APPROVED BY BCC hIovember ORDINANCE NUMBER 3 A Words s,, •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page I of 28 Revised March 3, 2021 Packet Pg. 1376 17.D.2 TABLE OF CONTENTS TABLE O 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 0 Q Words t •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page 2 of 28 Revised March 3, 2021 Packet Pg. 1377 17.D.2 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 March 3, 2021 Packet Pg. 1378 17.D.2 ��Oil Np_ ■ - 111.11111.1111 ON _ _ _ _ _ _ _ r ITMITZ 11 1 • IN 0 11 _Slip r • I 1 1 ■ _ . • Requested - 10.89 lolling i roots/acre -1- --_d� M TttUROtS — 9.92 acres v 11 dwelling Units/acre — 109 i9 "fisted dwell'unitsr= 198 Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 4 of 28 Revised March 3, 2021 Packet Pg. 1379 17.D.2 - - - - ciiIII III int-f fa. Qnnfi 110 of III Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 5 of 28 Revised March 3, 2021 Packet Pg. 1380 17.D.2 1.21 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION r r r pa NEW 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 Gerperatien, 13nn�a Street, Suite 300, Naples, Florida 34102. The property is URder pUrGhase GORt byjarnesFields, 1 544 Menteresse LaRe#2,taples, Flerida 34110.KHD Development General Partnership, PO Box 110062, Naples, Florida 34108 1.4 GENERAL DESCRIPTION OF PROPERTY AREA N M A. The subject property is loGated at the Rortheast GOrRer of the M O betw shnr�•iye and Thernass on Drove ( un nnnr�atord CollierCounty), Florida. � V C C L 0 and is proposed to be rezened to RRI Iith the RIVI D R2 Oyerinu Q 1 I 1 1 r f�1i1111TLi7P�<�1 �11 ��r��rr►1 �.rI�Jr► ��_S1i1TLi7PZlsl7ll<L elevation 8.0 foot nlGV-D Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 6 of 28 Revised March 3, 2021 Packet Pg. 1381 17.D.2 NO - - - *1011 WIN- - - -110 11 ■ 1 11 ■ 1 1 1 I ■ - =21 r ■ 0- Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 7 of 28 Revised March 3, 2021 d C f3 J C E CO U co M r O O O O O N J d ti O O N M O M O Q Packet Pg. 1382 17.D.2 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. f _ r _ r _ IN■ r 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 March 3, 2021 Packet Pg. 1383 17.D.2 r � 1 1 r u . 1 11 - - - ... ■ - . r . 0111. W.- 2.42 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The-A_maximum of 408-127 residential dwelling units may be constructed in the total project area. 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 Trianale Redeveloament Overlav of the Future Land Use Element of the Collier Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 9 of 28 Revised March 3, 2021 d C J C E R U co M r O O O O O N J d ti O O N M O M O Q Packet Pg. 1384 17.D.2 .. .. ■ �� -� ■ MI �� .. ■ ■_ Rj MINI ■ .. ■ - ■ - developmeRt order, Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 10 of 28 Revised March 3, 2021 n a a� c =a c J C E CO U co M r O O O O r O N J d ti O O r r N M O M O Q Packet Pg. 1385 17.D.2 Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 11 of 28 Revised March 3, 2021 Packet Pg. 1386 17.D.2 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 RysAgreement tnl--D 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 N No building, structure or part thereof, shall be erected, altered or used, or land o used, in whole or part, for other than the following: o RESIDENTIAL: U A. Permitted Principal Uses and Structures: o Multi -family dwellings (for sale product only, limited to townhouses and 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 ADDeals 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 March 3, 2021 Packet Pg. 1387 17.D.2 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 i R46 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: N J d A. Principal Uses: 0 as 1. Community recreation facilities. Outdoor/indoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, N fitness/spa, parks, playgrounds, pedestrian/bikeways, and passive and/or o 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: 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 March 3, 2021 Packet Pg. 1388 17.D.2 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. Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 14 of 28 Revised March 3, 2021 Packet Pg. 1389 17.D.2 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ILIA NA 9F 11.25' H La 25� 2W 4-9 2-W 22,51 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 March 3, 2021 N M O M O d V C f3 C L A Packet Pg. 1390 17.D.2 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 March 3, 2021 a 0 a a� c =a c J c m E cU U v to CO) r O 0 0 rn r O N J d 0 as N CO) O M O .r a Packet Pg. 1391 17.D.2 1 A minima 1m of p space as des bed in Q .cry--�vv��E��-�per��ac��iuca—n� sixty (60) C1bseGtinn the (`ede 4.07.02G.2. of Land Development 1 shall ale for any, residential li provided on site project. 2. A minimum of 1.81 o�� to be acres preserve areas are required f3 nrn"irdeda<ste emphasiZ t largest ar cihle prevrcr 1 '^ Gen+ig11n11s ',rr9uvcrsur., N.,.,.,rc"e r- +ion '2 (lam n7 of I and lie" pmentCode The ass desumb Cd-tY-I��E«vn-.T.vr. v-rvr the �aT-rcrvcv crr �va�rric 'a �n, nner/de"elnper has total of� 9L�agree?�nt CU ag� �ee These 1.43 U preserve areas. shall GORSOSt Of aGres of retaiRed exiStiRg agres native getatiOR are-asand 0.78 of newly GGrreat a M r TeplaRted Ra-tive veatatiOR areas crate,n,nvvvR eR theRDI In nnas+ 0 IaR i .. 0 N I fl anrJsgapin an,I R1lfferin Rent firemen+s• J d ti I If llIan,-Iseen e buffers a� determined to he nenessar�, � � a�a-Fiett�te wetYA serve " shall he separate from v areas, those preserve areas N M O 7 Lan&GapiRg and buffering shall be pitied C pe Seo+inn n na nn of the Collier i'o11n+" I and Development Code. d v C C n rc h o tecCtY1Standa-rd7 . E L O All 1 1 1 Q infraaStrU ire shall he arnhi+eGtUrally and aesthetrieelly pied. � unified.Cai similarTm�a�}erg an�r+nG�lnr�cthroughout all mot buildings, signs, U n 1 R feRces/walls to be the LandscapiRg ereGted OR all of subject parcels. and StFeetSGape materials shall o he similar in design throughout the su 1jeGtOte. C All be fiRished OR P meta d roofs, shall carports,peaked and 1 E or arnhi+eGt ball, designed shingles /sUgh as Timberline\TTICOTM � V R r-+ Q Words s,, •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 17 of 28 Revised March 3, 2021 Packet Pg. 1392 17.D.2 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. Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 18 of 28 Revised March 3, 2021 Packet Pg. 1393 17.D.2 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 March 3, 2021 Packet Pg. 1394 17.D.2 SECTION V DEVELOPMENT COMMITMENTS 5.21 GENERAL As a condition of Board approval, 30 days after the zoning appeal period closes or 30 days after the Owner prevails in an appeal if an appeal is filed, the Owner shall make a payment of $320,000 to Collier County. This payment shall satisfy the County's request that the proceeds from a prior loan provided to the prior developer for construction of affordable housing units within the protect be repaid if affordable housing units are not constructed within the project. If payment is not received, then the zoning automatically reverts to its current zoning prior to adoption of this 2021 Ordinance. _ r . i-I ■ _..-le -7. H OW.- .111 - - _ r 5.32 Rn, U-D—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. Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 20 of 28 Revised March 3, 2021 Packet Pg. 1395 17.D.2 5.43 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION 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 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 satisfvina all PUD commitments until close-out of the 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 bindina document that needs to be aaaroved for leaal sufficiencv by the County Attorney. After such approval, the Managing Entity will be releasedCD of its obligations upon written approval of the transfer by County staff, and 77 the successor entity shall become the Managing Entity. As Owner and N Developer sell off tracts, the Managing Entity shall provide written notice to 0 County that includes an acknowledgement of the commitments required by o the PUD 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 o monitorina and fulfillment of PUD commitments. Q ■- �. .. ■_ 5.64 WATER MANAGEMENT Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 21 of 28 Revised March 3, 2021 Packet Pg. 1396 17.D.2 - - B. A copy of the cFWMD S irfaGe Water Permit, permit modifiGatciOR, or iier shall he submitted at the time of site development plan applination G. On excavation permit shall he required ke(s) in .��r�--sic vcr urr-vcTcc� aTr c�1�'i accordaRce with the Collier GOURty Code of Laws and OrdiRaRGes and SFVVMD Rules. 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 ilatiens signed and sealed by a Florida prefessional 'r shall be provided at the time of site development plaR submittal. _ _ 1110, �i r 11111 U 1. ■ A. inGhTffeeFGe main en Themasseen Drove shall he preferrer! Words t •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page 22 of 28 Revised March 3, 2021 �1 d C =a c J r- aD E CU U co M O O O O O N J d ti O O N M O M O Q Packet Pg. 1397 17.D.2 5.85 TRAFFIC 11,1111LIUL0,11, _ r Mill 1 . . . .. . . .. . .. .. . . . . . . rei ■ 11 1 1 1 I � . � _ . . � I ■ _JI �Ij _ jjjr _ .. _ 1 . Words t •e'er are deleted words underlined are added. Camden Landing RPUD-PL20190001364 Page 23 of 28 Revised March 3, 2021 a c J C E R U co M r O O O O r O N J d ti O v N M O M O Q Packet Pg. 1398 17.D.2 developmentsi. All iRterRal roads, driveways, alleys, pathways, sidewalks, aPA - operated ma Rtairl.ed by aR eRtity created by the developer. Collier County shall have no responsibility for maintenance of any SUGh facilities. i. if any required turn lane improvement - - the use of existing Geufo r_ Division,rghts of way or easements, compensating Fight of way shall be provideG1 'a K If the sole opinien Of the Collier County Transportatien rnent within a public right of way or easement is determined to be necessary, the cost of such improvernerlt shall be borne by the developer CN arld shall be paid to Collier County before the issuance of the first certificate L. .. jaGeRt developments have not been desigRed to provide shared access or onteMenneGtions with this development. The developer, or assigns, shal4 cm assure that arly such shared access Or 1RterGORReGtion is utilized arld shall M. Thorriasson Drove with a 6 feet wide concrete sidewalk prior to the issuance 0 of the first certificate 1 developerprovided Collier County• • along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. Prior to appreva4-the issuance of op••' r.-..first residential or group housing building permit, the owner shall deed 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 w located at the southwest corner of the subject property to Collier Counta B. The sole point of ingress/egress to the RPUD shall be onto Thomasson Drive. No access shall be allowed on Bayshore Drive. Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 24 of 28 Revised March 3, 2021 Packet Pg. 1399 17.D.2 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 plat approval. D. Prior to the issuance of the first certificate of occupancy for a residential dwellina unit, the owner shall convev to Collier Countv and Collier Countv Water -Sewer District, the lands identified on the Conceptual PUD Master Plan as potential ROW easement for Future public roadway and utility 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 the Impact Fee credit shall be calculated based on the amount of the Road 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. 5.96 PLANNING GA. 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. B. All buildings, lighting, signage, landscaping, and visible architectural infrastructure shall be architecturally and aestheticallv 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, Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 25 of 28 Revised March 3, 2021 Packet Pg. 1400 17.D.2 or architecturally -designed shingles (such as Timberline). The residential buildings shall be concrete or precast concrete construction. C. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. D. The project shall be gated and fenced, and the developer will provide each buildina with secured vehicular and pedestrian entrances. A minimum of one space per unit shall be provided below the units in the secured parking area. E. No parking spaces shall be permitted on the north side of buildings adjacent to the northern PUD boundary. F. Outdoor security cameras shall be provided within the project. G. The pool amenity shall be completed no later than the issuance of the 55th certificate of occupancy for the residential option only. H. Any wall or fence facing Bayshore Road or Thomasson Drive shall be required to have architectural features and finish. I. 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. 5.4-97 ENVIRONMENTAL the Growth MaRagemeRt PlaR be of -- --nrnnc cs,nll- shall set aside as preserves. - - ---rx - . _- - - - ■_ Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 26 of 28 Revised March 3, 2021 pti a J C E CU U M r 0 0 0 as 0 N J d ti O v N M O M 0 a Packet Pg. 1401 17.D.2 mam I I I. I I - � .11r�lT.T.1'!�� .eTi�i�iref�:►�i�:�ii'��ri�ti ri��•r.�� Words t •e'er are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 27 of 28 Revised March 3, 2021 n a a� c =a c J C E R U co M r O O O O r O N J d ti O O N M O M O Q Packet Pg. 1402 17.D.2 A minimum of 25% of the on -site native vegetation must be retained. The native vegetation requirement was established by 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. 5.8 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 aaencv and does not create anv liability on the Dart of the countv 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 5.9 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. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. Words tpHe'� are deleted; words underlined are added. Camden Landing RPUD-PL20190001364 Page 28 of 28 Revised March 3, 2021 a 0 a c J a� E U IV to CO) r O O O CD r 0 N J d 0 as N CO) O M 0 a) U L 0 Q E c.i Y Q r E (i a Packet Pg. 1403 N 0 ti U z W LU 0 w Cl Q LL a Q C wwa two U Q Z r 0E-C W Z c o¢a boo Loac (nand 6uiPuel UOPWeO VM000ISM-ld : L06-PO 6Z£0£0 - 03ueuiPJ0 V 4u8wt43BllV :4u8wt43e;;d Lu O Lo ZONED: RMF-6 m RESIDENTIAL II .6 m a m AVALON ESTATE UNIT NO. 1 (PLAT BOOK 3, PAGE 62) ° W o� z _ J a Z �� [O � O � ^ m z a co W J O W aF- Za Y W z0 LL OOU� Q'WQM CO � W00 a mm Q W z 0 BAYSHORE DRIVE (100' RIGHT OF WAY) af Lu LL 0 LL W in a_Lu �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 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 ❑��LL, J r rn Lu (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> Lu w w Lau 0w 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� I 17.D.2 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. 1405 1 <z �z E f p z n, z 0 � �z ` X0 r dm 22 N*Nz y GG) �� ey c ° Ito 11NQEl1LQPF]} -_6hY3HORE DRIVE (qny VARIES) I.{ANess I� I�r kwwskwrki — 0 N M O M O Cb�C� a� •• O y�aoao a gar r K a m t v I Q Packet Pg. 1406 I t r r 11111111A MIE I k 1 r a xoNrxi gal VMDEVLOPED = SAYSHORE DRVE (RW VARIES) i I . jig I MLDENTiFLL AREA I I � rn a - or. volow r� 2 ` I Packet Pg. 1407 AGREEMENT A DENSITY AMENDED AND RESTAI VCG AFFGRDABLES AND IMPGSIN TIONS ON REAZ THIS AMENDED AND RESTA D-AG of , 2p0$, by ar>;d a en the Collier Junty Board of County Co - issi "Parties," and replaces the prior, on al AareeI This space for recording WORKFORCE HOUSIN OVENANTS AND PROPERTY CEMENT is made as of theyl day James`'J. Fields (the "Developer') and Hers {the "Commission"), collectively, the RECITALS: A. The Developer ns a tract of real property desc i ed in Exhibit "A" attached hereto and incorporate erein (The "Property"). It is the Deve ers intent to construct a maximum of 1D residential units the "Units"} at a density 1t).89 units per gross acre on t Property. The gross acreage of Property is\Develer The number of ordab[e-workforce housing units constructed by l be 32 44 representing 30forty (40) percent of the total numbeUnits a ro d in the development,or 56.4 ercent of the a roved bo Page 1 of 31 4112/06 underlined text is added, „text is deleted E�j 11, 6 4 � A[ I Packet Pg. 1408 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 6re1by 2WdK d, t�Veloper and the Commission i � 4 hereby covenant and agree as follows: {� `- �1i +'V 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 units, not to exce 40 % of the approved residential density as a rdable-workforce housing units, whi Units shall be sold in accordance with the erms and conditions of this Agreement an as specified by the attached Appendi s A & B, Exhibits A, B, & C, and Appendix C, whic Appendices are incorporated b reference herein and which constitute a part of this Agree ent. a. The following provisions shall be applicable to the affordable orkforce and a nits: (1) Defined terms: In the event of a conflict between terms as defined in e C 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, w L-L�� m•� text is delcted Page 2 of 31 i E M U a Packet Pg. 1409 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 Qce en y (h,the event that HUD ceases to publish an established median incohid a resaidl l e +Parties hereto shall mutually agree to another reasonable and c parable ethod of computing adjustments in median income. (3) Eligibility and ualification- W 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, ate workforce, or gap income) in acc dance with this Section; 3) ce ification of eligible Owner by the 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 c E U a Packet Pg. 1410 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 iahown' in Appendix 6, Exhibit A. d by ref e nce herein. lification. 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 31 C d E R U M 0 O O a) 0 N J a O Packet Pg. 1411 17.D.2 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 certificati#ed 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,,ito 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 �� -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 p ro and monitoring report regarding the delivery of affordable -workforce hour 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 E U M 0 0 0 a) 0 N J a 0 rn N M 0 C3 0 U .� C �o E 0 � a °' U cX a c E M U a Page 5 of 31 Packet Pg. 1412 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 for, a Density bonus, in addition to the base residential density`of 3 its per a e, an 4jo4erefore 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 Commission ting through the FiRanoial—AdFniniGtFati Housin and Human Services partment or its successor(s) covenants and agrees to prepare nd make availab to the Developer any general information that it possesses regarding come limi ions and restrictions which are applicable to the affordable workforce ar it. 5. Violations and Enforcement underlined text is added, svuck E#feg# text IS deleted Page 6 of 31 Packet Pg. 1413 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. 1414 \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 �. .-,,�11-f3301 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 slier -«l Ar{rr.ir,ic+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. 1415 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 14-6e1ow.- f w ver, the Parties agree that if Developer transfers or conveys the Property to an❑ a erson of -entity, Developer shall have no further obligation hereunder and any erson 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, wi •`f-� text is deiered Page 9 of 31 P Packet Pg. 1416 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 DevNger 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 C d E U M 0 0 0 a) 0 N J a 0 0 N M 0 o .fi L) c cr M Cr, r- "-0 .o � 4:;' a (v E u_ L) r a C 0) E Packet Pg. 1417 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. 1418 17. D.2 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. 1419 17. D.2 DEVELOPER: Wit sses: J J E--tLd W Witness r r a Pr ted Name Ir i'► b c VC By: V t�f� J C Witness - � Printed Name L Ct STATE OF FLORIDA 0 COUNTY OF COLLIER 0 N J a 1 ^ ^} , Qi The foregoing First Amendm6nt to Agree nt Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Im sin ove iants Ahd Restrictions On Real N M O Q O Property was a nowledged b fore e j� y as' i If v- kr c who 2ersonally kn � to me or has produced s identification. o c� Q WITNESS my han and official seal thi o - - My Commissio/ Expires- 0 underlined text is added. ; text is deleted Page 13 of 31 E r Q Notary P lic a Packet Pg. 1420 17.D.2 EXMBIT 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 - under] ined tSO is added, 6WdeW4hF&nh text is deleted M O d f� 1 h� U * 1 r CK> a JL' C O �? a n d .i+ E C7 s --_l V to rr rr Q C d t v R a Page 14 of 31 Packet Pg. 1421 I 17.D.2 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 L Co 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 a 0 a rn c c �o J C d E to U V to M O O 0 rn 0 N J a 0 rn a Packet Pg. 1422 I 17.D.2 I 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 dchsity'aF�gvy_ tip this de opmerit `3 units/acre. (2) Gross acreage .42 (3) Maximum numbgr of'ziffDr��ti��'-w ' k ree h�caswns'y bonus units allowed in this development pursuant to LDC ecti 18 iiniti. (4) Gross residential density ©fthis d elo ent (includi4ffordable-workforce housing density bonus units - .1'0.89 u . slacre. (5) Percentage of afford-' wor orce housing. its pledged by the developer (as a percent of the total numb its in the develo ient) 39 40 underlined text is added, stmea thFoug text is deleted Page 16 of 31 co p Packet Pg. 1423 1 17. D.2 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 la- _ 1 1 First, choose the houLho4 incom vel•.( , faw, a -Very low, Ieww; workforce. or gap) of the affordable -workforce hau1s.I1ig,'u - (s prople in the development, and the !yp aff-eydable housing units ere of aweiliniz units ilf the development. From this determination. Tabl&A will indicate the maximum numbe ❑f residential dwelling units per ross acre that may Aadded 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 1110th 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 a a aM _ J _ CD M U v M r 0 0 0 as 0 N J O a) T_ N M O O N C+-J, CK> = L O E w s a d s a Page 17 of 31 Packet Pg. 1424 17.D.2 dwelling In no event shall the affordable -workforce housing density bonus grass acre. C co eight (8) �j Gib a t� N M O CO 0 CD L O a d E V m a d E m V a underlined text is added, text is dcicted Page 18 of 31 Packet Pg. 1425 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 — i� C'(_ - Product Income 10% 2.0° °R /a 40% =S�Q% ,i0% 70% 80% 00% 100% (% median)�_ , 81-150% - - Gap MI* ** 1 6 6 6 nla (Gap) j rr fIJ i� 61-80°/fl f Workforce MI* 7 3 _5 $ 8 8 8 8 8 8 51-60% Low MI 3 4 6 8 -8 8 8 8 S 8 - 50% 15 - 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 N M O M O U c �o O aD E U M r r Q c as E s R Q Page 19 of 31 Packet Pg. 1426 1 I 17.D.2 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. $63,300 NUMBER OF \ME 1 2 150% 73,350 80% 39,100 60% 29,340 50% 24,450 35% 17,115 25% 12,225 MEDIAN INCOME 2007 Naples, MSA (Collier County) IN FAMILY 1Drior table delet 3 83,700 4,2.00 44,650 5 50 - 33,480';- 27,900 31A 19,534' ;21,99(r The Florida Housing Finance ( Incentive Loan {SAIL} and the rents given below are based on County's Section 8 Rental Assj Housing Authority. 2 4 5 / 6 r i 4,70p y 113,1 121,500 `55;850- di7' 64,750 41,880 ;246' 48,600 34,900 7,70 40,500 24,430 26,390\ 28,350 A4. .1$, 20,250 DED RE ..'AL` RA'lF'F5 s �,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 30°/6 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 a 0 Packet Pg. 1427 1 I 17.D.2 I 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 �o r>1 r 1 TFI II , ", a 0 a. c c �o J C as E to U co M O O O eA O N J a O M underlined text is added, ugh text is deleted Page 21 of 31 I Packet Pg. 1428 APPENDIX B. EXHIBIT A I'MIMINARY APPLICATION FOR AFFORDABLE -WORKFORCE HOUSINGZNI7 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 I Packet Pg. 1429 I 17.D.2 I Gross Salary: Hourly $ Weekly $ cial Security Number Pre us Employers Name Addres nd Telephone No. Haw 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. 1430 1 17.D.2 APPENDIX B, EXHIBIT B AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant'vame: Co -Tenant's Ntime: 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 iN permanent res housing. I understand that this informativa-j5�, for e determine my qualification to boy an"Affotda that I am not required to sume'hd�Y own capital gains, etc. Wages/Salary Bonuses Tips Commissions Interest Income Trust Fund Income Unempl/utnity Workma Welfare Food St Social S Vie . -and that I have no other assisted Haase -of mputing my annual income to Norkforce,'or' gap housing unit. I understand A. or rights or: claimed property, pensions or A iicaftt Co -Occupant Amount F queincy Amount Frequency -Deceived; of . Received of Pay $ $ $ Social ecurity Disability $ Sup emental SS1 $ Fy1hiiy Assistance $ hild Support $ Veterans Benefits $ Widows Benefits $ underlined text is added. StFUCk thFOL18 text is deleted 9 Q 0 a as �a J _ d E M O O O CD 0 N J a O a) N M O M O (D �a 0 a d E V M a a) E s V 2 a Page 24 of 31 Packet Pg. 1431 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. 1432 I 17.D.2 I APPENDIX B, EXHIBIT C \APPLI ORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICA NT: Present Ei Address: Street I, (Applica on this certification form. Job Title: o a rn City to Zip c hereby authorize the release information requested 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. r"; r � Witness my hand and o Ise 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 c a� E W U OF to co M Eature of Applicant o 0 O rn 0 N J a r- 0 rn as N O 2008. - O .� CD w ctX Notary Public G-1 p -- Q A � F--• E v r r Q C E s v r r.+ Q Packet Pg. 1433 I 17.D.2 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 I Packet Pg. 1434 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. I . Please slate what zoning dirt ` ke proposed y applicant, if any, on the property and the t - acreage of each-, RPL]D-9:92 ~' , 2. Has an application forrez.ouila&1bee _ i copianctiori with the affordable workforce kforce and d gap housing Density bonus? _ X Yes — ` No If yes, state date of application '•1212- and if It ifesi"h s been approved, state the y Ordinance number 45_G~71 3. Gross density of the prop sed develo-p-m- 'Ifl.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 (PUD)? X Yes No. If yes, please stat ame and location of the PUD and any other identifying info ation. Cirrus Point UD located aftd 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, WWelk through text is deleted Page 28 of 31 Packet Pg. 1435 I 17.D.2 I I Total Number of Units in Develonment Type X Owner Unit Rental Occupied Efficiency a One Bedroom a Two Bedroom 0 Three Bedroom 108 Other Bedroom a TOTAL ifl TABLE II NLimber :bf Affordabl -or Housin Units ri<ar iabite dele current table'foilows Total Number o£i �- Proposod Use for Affardahle-W- - 4 ens tX Bone,'Units force Units in Di~ clop ent � t wrier - — t owner Ren Occupied Rental ccu led GAP INCOME 81-150% MI Efficiency 1 Bedroom Z Bedro 3 B room TOTAL 0 _ owner occupied underlined text is added, fig# text is deleted Page 29 of 31 a 0 a at c =a _ �o J d E to U Cl) 0 0 0 rn 0 N J a 0 M Packet Pg. 1436 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. Packet Pg. 1437 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 fans; and any her amenities as applicable. Attach additional pages Exhibit "D" if needed. at S (See attaehed) A DU L'ATTITV Tl J CIRRUS POINTE PUD _ d E PHYSICAL DESC ION OF R E HOUSING UNITS cc v c� There will be a minimum o 44 o kf a Housing Units in the Cirrus Pointe g - PUD. These Affer�l� Workfo a Housing Units ilf be.. comprised of 4-0 44 three -bedroom o c N J 0 o of Madmana �e3 Units. r i c All Af€eedarle Work forge 'Housing Unit. 1 Sol r� as owner -occupied multi -family N units. Each unit will corn'Cstandard ith carpet `- d the.410drs, refrigerator, dishwasher, stove, a o washer/dryer, basic lightinglceili ' ...fan package, ark - athtooms will have ceiling exhaust fans. --___.ram `'•. w ca The three -bedroom units will ve-a�i�!tt�tt7 ter eondit ed area of 1526 square feet. Garage Cri, parking will provide 2 par ' g stalls for each unit and will als ouse storage areas for each unit. G-I o Q The entire community ill consist of up to 108 multi -family h es and the units that are not ,ap ry t designated Workforce Housing Units will be offered a moderately priced multi- 2 a family homes. e community will have the following amenities open t he residents of Cirrus Pointe: po cabana, fountains, sidewalks and gated security. a� �a a 8. Pleas uppiy any other information which would reasonably be needed to address t ' request for ffordable, workforce, anEd Bata housing density bonus for this development. Attach ditional ales if needed. underlined text is added, ogle text is deleted %APLES 557212 , !A Page 31 of 31 Packet Pg. 1438 17. D.2 STATE OF FLORIDA) OF COLLIER) I DWIGHT E. BROCK, Clerk of Courts in and -for he o a Twentieth udicial Circuit, Collier County, Flor' a, do hereby certi that the foregoing is a true a correct a� copy of. E ORDINANCE 2008-38 t�f r M Which was adopted y the Board f County Commissioners O r' 0 N on the 22nd day of July,-- 0`8-, --d ing Regular Session. J a as WITNESS my hand and.t e fcia7 §eal of the Board of ,F County Commissioners of C lier unty, Florida, this 30th o M Q day of July, 2048. o DWIGHT E. B Cx Clerk of Cour aid,-Cie to aigpibf. -_ * a a)Ex-officio E County Commissi.p p s' ry s By: Ann Jennejohn, w a Deputy Clerk Packet Pg. 1439 M ti uapuaeO VM000ISM-ld : L06VO 6uipuel uapuae3 veld as;sew posodoad 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� 17. D.4 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. 1441 17. D.4 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 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. 1442 17. D.4 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. 1443 17. D.4 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. 1444 17.D.5 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 Allegiance. Karen Beatty made a motion to adopt the agenda as amended, Steve 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. 1445 17.D.5 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. 1 6 17.D.5 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 c 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. 1447 17.D.5 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. 1448 17.D.5 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. CRA Directors Report: Ms. Forester highlighted some of the projects within the area. The Mini -Triangle is scheduled to close on November 12; rn 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 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. 1 971 17.D.5 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. 1450 17.D.7 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. 1451 17.D.7 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 cyklawfirrn.com Packet Pg. 1452 September 8, 2020 17.D.8 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. 1453 17.D.8 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. 1454 17.D.8 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. 1455 17.D.8 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. 0 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. 1456 17.D.8 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. 1457 17.D.8 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. 1458 17. D.9 TERMINATION AGREEMENT THIS AGREEMENT, as entered into on the day of , 2 02 1, 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 written above. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk WITNESSES: (1, 1 S;y natu re C'f1rbL -�'iX�' Printed/Typed Name (2) V,- -"� Signature y @ems \ Printed/Typed Nam Approved as to form and legality: HFAC Heidi Ashton-Cicko 1-15-21 Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman KHD DEVELOPMENT GENERAL PARTNERSHIP By: S uatUrc , f Kevin Kin, Printed/Typed Name President Printed/Typed Title [19-CPS-01948/1526959/1]33 3/4/20 Packet Pg. 1459 (i C,9�3 ?) NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider the enactment of County Ordinances. The meeting will commence at 9:00 A.M. The title of the proposed Ordinances are as follows: 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 9.93t ACRES. [PL20190001387] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2005-63, ASAMENDED, 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. [PL20190001364] c Project �. G ' Location 3 d ,s Thomasson DR' A copy of the proposed Ordinances are on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www colliercountvfl cov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey Willig�colliercountvfl aov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT 8 COMPTROLLER By: Teresa Cannon Deputy Clerk (SEAL) ND-GC10585992M - - Z a 9 r m fA Z m N n O 3 m 0 Z m <n 0 m W C D J N O N m a Packet Pg. 1460 Camden Landing RPUDA (PL20190001364) Application and Supporting Documents January 21, 2021 CCPC Hearing wGradyMinor 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.com GradyMinor 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. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com 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 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD 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 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: 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 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. February 1, 2019 Page 4 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING 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 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name 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 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 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 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 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 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ■❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 0 ❑ 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 ❑ 0 Architectural Rendering of proposed structures 1 ❑ 0 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 0 ❑ 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 0 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ 0 List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ 0 ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ 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 Co*er County 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 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.gradyminor.com 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.gradyminor.com 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.gradyminor.com Camden Landing RPUD (PL20190001364) 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 • Nvwxv.gradyminor.com 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.gradyminor.com 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.gradyminor.com 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.com 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 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. 3800 Via Del Rey Bonita Springs, FL 34134 Phone - 239.947.1144 Fax - 239.947.0375 Email - Uumpenhour@gradyminor.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. Cots County 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: L" PL1 D R. DateandTime: Wednesday 6/19/19 1:30-GMPA, 2:30 PUD Assigned Planner: Gil Martinez Engineering Manager (for PPL's and FP's): Project Information ProjectName: Meridian Landings f yt) R PL#: 20190001364 Property ID #: 61840560008 Current Zoning: Project Address:2801 ThomassonDCity: Naples Applicant: Sharon Umpenhour RPUD-BMUD-R2 State: FL Zip: 34112 P. wAyivc- 4awo1,fi AxA � Agent Name: Q.Grady Minor&Associates PBhone: 239-947-1144 oAgent/Firm Address: 3800 via Del Rey City nita Spriiiafse: FL Zip34134 Property Owner: KHD Development Gen Ptnrship Please provide the following, if applicable: i. Total Acreage: 9.95 ii. Proposed # of Residential Units: 127 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 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.colliereov.net/Home/ShowDocument?id=75093. /3r{I /'/i:-'-Jz 7/» / I7�Z�f f"jZ f 1✓1%1ti' 1� '` ) Z 4�lvl T7 C.l T7 r'N �i r�C 7^M 'T— 7Z) vF MA(Ns Atii�) +'AY �--A4n 1-,A(ztce7- i r4:�- F cAc-/-��z�s� - wl.�i� 1 \ i� � �� / V_-� T , / v � � � L(� l - l (-�( iY �l / V i�'��a - ltj ✓� N L>T- vF-- T7 - 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(5�naDlesoov.com Allyson Holland AMHolland(a)naplesgov.com Robin Singer RSinaer6dMaD1esaov.com Erica Martin emartin(a)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 Page JXof 5 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. Prt;,J'AE Ew*a&jAAF-,jf-4t- DA-4A OF W/o or- 41141:va o++ JE � eSE ��-� a� - APphtco, � 54jvles PRKceIE W`1t �'E� . or�w� LlL. ��I AsE Address C01Y�PllANCE W1/ k C C mE (roAl.S #IJcl '1. P16v14j= 1kkt 6J +o kovJ (ire SErv£S 0K) JqJ JACe,Jt-ProPer4,E5 . FAC TOEE F-4l`rmt-n l Pag4 QEv;EvJ om7--1, 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 RMiddletonOa naplesgov.com Allyson Holland AMHollandCcDnaolesgov.com Robin Singer RSingerO�naplesaov.com Erica Martin emartinCcDnaplesoov.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. Aa . Updated 6/12/2019 Page 2'of 5 ClarkeThomas 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 Co ler County Growth Management Division Exceeding Expectations, Every Day.! NOTE: Emall 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.Marti nez@colliercountyfl.gov> Subject: Pre-App PL20190001364 Meridian Landings (PUDA) t�Dt . R L CkN'_,� © 2 J i D �2�u ivc4T� n— M-U� 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 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. 'f Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 l . Provide the EIS fee if PUD or CU. 2� WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of `J 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. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 0 Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide when treated stormwater is being directed into preserves (#5 above). 07 Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8: Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay 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. ® 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 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. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. Oc. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. dd 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) 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. 11 26 Is EAC Review (by CCPC) required? Ta & D&&-v Ed T` E 9z V 1 C 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 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 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 later than one year from the issuance of the first residential certificate of occupancy. 1. 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 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 3.05.07.13-13; 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 I I 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. 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 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: Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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. 3R Updated 7/24/2018 Page I a of 5 Co*:r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes V 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for submittal (not listed on application): Ste- ATT K4 L h IJ o 1 F 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. 33 Updated 6/12/2019 Page I Tof 5 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: 'k- 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." Co*r County 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@colliercountyfl.gov craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Fer Thomas Clarke Operations Coordinator 252-2584 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 L11 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 ❑ 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@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humph ries@colIiercountyfLgov ❑ 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 Gil Martinez Operations Analyst Zoning Principal Planner 252-8243 252-4211 diane.lynch @colIiercountyfLgov gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 1 jack. mckenna@colIiercountyfLgov Updated 6/12/2019 Page 1 4 of 5 Co*.r County 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 rchard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colliercountyfLgov ❑ 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.rosenbIum@coiliercountyfLgov ❑ 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@colliercountyfl.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@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov El Additional Attendee Contact Information: Name Representing Phone Email S 24 W �tv 6Q1f�r►►t u . 3,5 C .O J('k^04 i . r` ��.lh.r �,�, °1�)/iYI?Y1e'C'►�!'x�'Lii 23�1. 3o►I.paiA � ,Af' C r�.�": t Sc L C,�' TAMIJ 5-- Updated 6/12/2019 Page 1 5 of 5 Collier County Growth Management Department PL20190001364 — Meridian Lan Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. P6162 � PRE-APP INFO Assigned Cps Staff: Thomas Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request o Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor.com • Agent to list for PL# D. Wayne Arnold, AICP, Q. Grady Minor & Associates, P.A. Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project. • Owner of property (all owners for all parcels) 61840560008 - KHD Development General Partnership • Confirm Purpose of Pre-App: (Rezone, etc.) PUD-Amendment Pad `F-o 1P -c6 R,E2:a"vEOlcOR� • 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-A— is this a phased development and if so what schedule is being proposed? NO 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 Condom ina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 1 Location: K:\CDES Planning Services\Current\Zoning Staff Information Aofx . Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.coliergov.net Meridian Landing RPUD Location Map a BOTANICAI-PI AAC CIR ".0 rim IN ir Limp Cottage, Grove AVE aw 1 °e t �' r��+ � 1 a a, �•�' p�g;��'`u„ 'A',� -dam o � R �15 Kareri D7 © GradyMinor 340 170 0 340 Feet CMI Engineers • Land Surveyors • Planners • Landscape Architects Coot 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.coIIiercountvfl.p,ov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT 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 Authorizationsigned and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 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. ❑1 ❑ 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 11Z ❑ Electronic copy of all required documents 1IR ❑ 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) ❑ Put❑ Checklist continues on next page February 1, 2019 Page 9 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 Ll 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: ;_AD/Ll; G/L [R City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 ph,0 ❑ 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 K Comprehensive Planning Consistency Review: $2,250.00 Jj Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 All,+❑ 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 CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Z Legal Advertising Fees: q. CCPC: $1,125.00 43 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 Date February 1, 2019 Page 11 of 11 PUD APPLICATION TYPES PUD APPLICATION 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 Strikethrough and Underline) significantly impact adjacent properties; a reduction in fee to be 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 1 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 2.03.067 (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 BD; 8 rnon;Lns) [Note: All processing times are approximate and the fees listed do not include any other applicable fees] Revised: 6/11/15 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 authorizeQ 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. G D velopment G er aitneeirpal D e By: KMK Develop nt Corp, its Partner Kevin King as President of KMK Development Corp 4E. QcJ�+�� arc �1e..t�svcrs�acv� o-� ��ecw�sc Cwc...1.s. The foregoing instrument was sworn to (or affirmed) and subscribed before me on V Aihj6l-c- lc-,'a,Z�`�date) by (name of person providing oath or affirmation), as S' Lzwho is personally known to me OF whe hog piredueed STAMP/SEAL Signature of Notary Public Ke��•��\V -�14113 • L�� c�cs+1�,3 C` CP\08-COA-00115\155 REV 3/24/14 Coder county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 B C. C1LC11Ld9t!UI JUL.11111LC1CJL. Name and Address I % of Ownership N.A. If the property is owned by a CORPORATION, list the officers and stockholders and the ercentaRe oT stocK ownea ov 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 Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coliiereov.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 Cott er County 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) Da Created 9/28/2017 Page 3 of 3 GAY County 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 "a 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 ��wa'�` (�@.� p�-�.. 't-'wuc'-t Page 8 of 11 1NSTR 5541R02 OR 54" PG 550 E-RECORDED 4/18/2018 11:27 AM PAGES 3 Ms IGHT E. ,,to", CLERK Or THE CIRCUIT COURT, COLLIER COUNIT FIOKIDA DOC6,70 S10,500.00 REC S27.00 CONS S11500.000.00 1nh nsl Rl \Ir \r PRl PAXID Iry sw soul tam tar lLa,tinu :nY fLnr.4lr,l y+ix xrac.,,eaace, rr� x.n {rir r H(,a Nua 1.n RMr ha.l l 1r»,orws Nmel ID NO 61840INUX r'on.idrrubn: s I,500,000 ou SPk: IAI, WARRANTY IIEEiI EXHIBIT A THIS SPECIAL WARRANTY DEED madc and csecuicd the _i(p' "fJayof April, 2019, by CIRRUS POIIITE PARTNERS, I.LC, a Florida llmlled liability company, whose mailinll address 1, 90 StRdh Bradshaw Road, ApppJ.µ fL 44703 l"limmor'! ro MID DEYELl4P]tF:\T I;F:NF:RAI.PART\ ERSI NP. a Renenl paTlRersbtp, xhl»e a11Jrn, n P.[ l IilYv I I [rt16:. Napio. Flutrda 141ox -i,rante<y. (Where.nbed f--the wrns"(AwsW'4M'Gnmeas1u We all ftpail s w t6n iwnunrnt and the 11 a , kryl rptnentaifin all as>4Rr-Fiodiy.%yln and Ust s-t— aid —,pm ci WITNESSETIIlhniitlibdraoiix; inilinconddkaliato thestunof51(i.Wandother saluablc con%kknttioxti tcVcf{it Nherrof is hrrcby Jckalaxkdged, lkwisy grams, hatgams, sells, action%. rciwsei, telcasea, tMspy% and confirm% unt6,& firagW. all that certain Eaad 111MAla in CUlbcr County, Florida, vie! -' Lot 103. Napl a Coast. AMTr xk (Wr4wW'l Little Fanns No. 2. "cording to the plat thervxlf, as rm"ded in Plat hark 1, id Page 27-A. of IM Public Record.; of Collier County. Flollda Together with all the icrentents, herediiamenis and appurtenances thereto belonging or in anywise appertaimng- T's have and to Bold, the same in fee simple fore\ a_ SUBJECT to those mnncn set forth on 1-thib t "A" attached betero, the Granmr hcoebs cowilants x idt said Grant" that (itanh,r Is Is%fully waict! of said land in fen simple; that Grantor ha. gad right and lawful uu.hwuy w sell and convey sad land; and that Linnior hereby fully warrllnts the title to .lad land aid r ill defend she same against the lawful claim• of all Ntauns etarming by, lbrwgh, or under the mid (iranloc ..• 04 $499 Pa SS? a'• EXIIIBIT -A- EXCEPTION'S I. General or special taxes and a»essmcnis mquircd tobepad inlbeyear201gandsubsequcnl yvais 2. Restrictions and easements conwncd on the plat of Naplcs Groves and Truck Company's Little Farms No. 2. as rocordcd in Plat 11-1, I, al Page 27-A. otthe Public Records of Collier County, Florida 3 Right -of --Way FAwmcnt m tasor of ('ofhcr County. Filed in Official Records hook 10%0, page 1697. of the Public Records of Collier County. Florida. 4 Final Outer Niiibhi hlnp_UvWcr County Water Xfana4oemmmt Divrwr Numllet Set en Iecotded toOtIrial Rsiwds IAs0F: 2R , Page 976. tad Attercularnt 4nt xtd,d in Official R -cold, IiY W4jr6. pap: 1610. of the Public Reavuds ot( idlitr l'Yxur;y, Flunda 5 Notice of Ens iron utcma] ilrwursa Pc m i flied in Oflleul Records Book 4303. page 2795, of the Public Records of(.olher County. I batiki. 6. Drainaitc. Access atd\fatgcxunoe 14%oritrnt gn eh by(5rtiis Pointe Palmas, I.LC in ra"r of Collier County t staled in Official Reeirds Bnnk 049, page 2304. as affected by Mortgagee.('taken!rtk,Ndedmtfll'tcul Rccnill. Bible 4149. page 2307. as rc-rccord din Oficial Rcc nab; HacY1 JSSO, ruse )W. and Subordination. Consent sod lolnrler of Fawmcm recorded in ORicrglRUcords Hmk 41494Crge 2301. all of the Public Records of Caller 1 aunty, Florida. , Ili (- I V.` 7.. •terms, condition, limilatlons,res0icnonsand covenants asset fonhinOrdinancc.No08.3R which amerded Ordinance No 200"3andappro,esan Amendalard Restated Agreement Aulhoriring AflordablcWorkforce (lousing Density Bonus and Imposing C•o,enantr and Resiriciians o t Real Property riled August 9. 2008, in Official Records Book 43R5, page 392, of the Public Records of CollierCounly, Florida R Utility MCIVICm in favor ofCollicr County by, inue of Orda of Taking recorded in Official Records Book 1462. Page 2269. of the Public Record, Uf CUIlier Courtly, Florida oft 5499 PG 551 IN WITNM WHEREOF, the said Gmntorhas signed and scaled these presents the day AM year first above wntren. Slpnrd, .caled a nd 101-red CIRRUS P(11\IEPP (S, I.LC. In our presence: a Florhla Rml<rd 11 ulpany Pr1.1 Samr:,/M4Ufr'Z r-a J Paul G. Yolmaram, as ATatrager STATF.OFFLORIDA COUNTY OF I l "Lr. 'the forcguing insinlnwot rids aclmw9t�iscJ hlixr nx IhD ._Ad-- day of April. 201 IS. b} Paul Wollnsrons,as\Ialager tarlrttn P(Ntlte Panncm. 114',a Flortdalr nnlliabllnycompany, on ns behalf, a who rs pxaorully known to uM Ut who has produced .tL 1iL1ru", L.LaYsa r o"dentireal '� tis�a � ntea Yt ta\ar r t urxv_S'M'"taYR��. r NOIa • Publlr. Stair nI Florid Printed MY cunrml.don Expires: r 1a 11 INolary Seal] a am's ,.Pwler,ulibrry r.ranor.ar,wr,e waslw erne DYW w., uiaMOpt el", Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ 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 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Meridian Landing Please Return Approved Checklist By: 0 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 Page 2 of 2 Information Folio 61840660008 Acres 9.96 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 32790-0880 Parcel ID No. 61840560008 Consideration: $1,500,000.00 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made and executed the day of April, 2018, by CIRRUS POINTE PARTNERS, LLC, a Florida limited liability company, whose mailing address is 90 South Bradshaw Road " P�IiP6 "Grantor") to KHD DEVELOPMENT GENERAL PARTNERSHIP,a era , whose address is P.O. Box 110062, Naples, Florida 34108 ("GranC"� (Whereverused herein tt�e terdis " " an0 G-ra"i7tte the heirs, legal repre n #VP--A14 ass corporations.) corporations.) 1 l A' sW WITNESSETH tbfi valuable considerations, r whereof is hereby aliens, remises, releases, c ' and confirms un Collier County, Florida, viz: Lot 103, Naples Groves an plat thereof, as recorded in Pla 1 Collier County, Florida. the arties to this instrument and the uccessors and assigns of If the sum of $10.00 and other hereby grants, bargains, sells, all that certain land situate in J617arms 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 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 Print Name: n Name: STATE OF FLORIDA COUNTY OF 0—,§:) The foregoing instrumot. Paul G. Wolmarans, as Mana er on its behalf, ❑ who is USA i MY COMMA EYPiRM B,aed ttxu i By: Paul G. olmarans, as Manager Co w,�-acledged before e GG 107036 of 22, 2021 day of April, 2018, by 6da limited liability company, �r who has produced 1ul)Xic, State of Florid tn�mission Expires: ,�A-- Zz- i.l [Notary Seal] RAWolmarans, PauRCirrus Pointe Partners at Headwaters\Documents\Special Warranty Deed.wpd 4/16/2018 (11:02 am) *** OR 5499 PG 552 *** 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 d County Water Management District Number Seven recorde al Records Bo 2� , age 976, said Agreement amended in Official Records B% o 6, page 1610, of the Pu is R cords of Collier County, Florida. 5. Notice of Envi of the Public P 6. Drainage, Access of Collier County Mortgagee's Consen > Official Records Bo Easement recorded in O Collier County, Florida. in Official Re(5 d d in Official Re IR 5, page 3666, and 0, Book 4303, page 2795, -' Pointe Partners, LLC in favor 9, page 2304, as affected by 1 49, page 2307, as re -recorded in ation, Consent and Joinder of 2301, all of the Public Records of 7. Terms, condition, limitations, restrictions and covenants as set forth in Ordinance No. 08-38 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 (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) 1- - August 14,2019 ©Crady\linor :.1 P4eIofI MLPA-19 Utility Dedication Statement.docx CIO 1':11II11•ris • 1,al1d Sunr\or' • I'lanucrs • Landsrapc \n•hilcrts Q. Grady Minor & Associates, P.A. dr4 3800 Via Del Rey, Bonita Springs, FL 34134 1 239-947-1144 • engineering@gradyminor.com • mm.gradyminor.com 47 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: Envrom�eMR', LLC January 6, 2020 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com 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 Environmental Data for PUDR 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 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 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 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 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 Environmental Data for PUDR 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 7 www.eteflorida.com 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 Environmental Data for PUDR (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 Environmental Data for PUDR 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 iu www.eteflorida.com Environmental Data for PUDR • 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 `f www.eteflorida.com Environmental Data for PUDR (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 `VA www.eteflorida.com Environmental Data for PUDR 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 13 www.eteflorida.com 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 14 www.eteflorida.com Environmental Data for PUDR 1 K 6 C a - SUBJECT PROPERTY L i - f i Neb. RI YyYImMlani, 4, YWa tlw\11R0W m 2 rwWW M%4m�FnniYWA1Y�CannMlwn 6NC PM91 l ��I�n*II��III�Iil�itr�lNVj1 �r • • f • • • ■ f � Su91ed praGerts ■ 61"Sear RelataO Calls lFWC 20162019) - ��•• COLLI ■ �mllhv 1•MHp R�Ws • FWC Black Bear Range Florida (2016) 1 • Black Bear Presence • ■ � now+oan� r" . • co—, _ - M �.�85bR81 Rare • r • 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 15 www.eteflorida.com Environmental Data for PUDR • 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 `r www.eteflorida.com Environmental Data for PUDR 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 17 www.eteflorida.com Environmental Data for PUDR • 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 18 www.eteflorida.com Environmental Data for PUDR Collier County PUDR Pre-App Notes Earth Tech Environmental, LLC www.eteflorida.com r Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: _� r 4 i) R Date anti Time: Wednesday 6/19/19 1 : 30-GMPA, 2 : 30 P Gil Martinez Engineering Manager (for PPL's and FP's): Project Information Project Name: Meridian Landings �y Pq& PL#: 20190001364 Property ID #: 6184 05 60008 Project Address: 2 8 01 Current Zoning: Dr_ Thomasson City: Applicant: Sharon Umpenhour RPUD-BMUD-R2 Naples State: FL Zip: 34112 P. W'gyvc- ,frt tiO4,01AXP, Agent Name: .Grad Minor&Associates Phone: 239-947-1144 Agent/Firm Address: 3800 Via Del Rey citSyonita 5pri FL Zip34134 Property Owner: KHD Development Gen Ptnrship Please provide the fallowing, if applicable: I Total Acreage: 9.95 ii. Proposed # of Residential Units: 127 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 1 1 of 5 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. �y4 AJ L L6 IN C r Lz) Ili (-. 1 a[/( /] r ` r s uF E k G i_ T6 P ttz /AA(?Utcz�, FL-& Ac-aw [' r - IL+' r `7 r u0+2GN ILA = /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 RMiddleton(c naplesoov.com Allyson Holland AMHoHandCc?naplesgov.cam Robin Singer R5in4er( 7a naplesov.corn Erica Martin emartin naplesgov_cam 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. n� Updated 6/12/2019 Page 1 2'of 5 r- Covier 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 farm is included in your pre-app Note - link is https://www.colIiergov.net/Home/ShowDocument?id=75093. l l t 'Eorw�� (C'V1P1$ 4NCE wI A C( mE GDAI-S 6 4*J8 'I - P160,4f- E IO T 61 W PreSErVF--S On] lqACe►Jf- Frope,41F-5 . AE F-4EF %-j Fkt 4 PeuIEvJ z s, ( 7- 3rr - z 5 2 sc)' z 4-'Mnc=h ell 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 RMiddletona.naolesgov.com Allyson Holland AMHollandanaoiesgov.com Robin Singer RSinoer@naolesoov.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. -1i� Updated 6/12/2019 Page J A'of 5 ClarkeThomas 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 CoH.nty Growth Management Division Exceeding Expectations. Every Day? NOTE. Email Address Has Changed 2800 Horseshoe Dr. N Naples, F1 34104 Phone: 239-252-42 l 1 From:OrthRichard Sent: Tuesday, June 18, 2019 8:45 AM To: MartinezGilbert <Gilbert.Martinez@colliercountyfl.gov> Subject: Pre-App PL20190001364 Meridian Landings (PUDA) P�'r _ A tv�' &I� s " �ND,A R' ch,rv� o rzT-Ll 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 RichardOrth@Col IierGov. Net Under Florida Law, e-mail addresses are public records. If you do not want your a -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. -'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. 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. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to Eve (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 0Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. d. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide when treated stormwater is being directed into preserves (45 above). Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay 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 i . 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. 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. IncIude 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. IncIude on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 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. l7. 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. 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.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 IIJJ 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) 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. 26 Is EAC Review (by CCPC) required? To RE D&- toul A4 Fe4Pzv1 9- u J PUD master plan or PPLISDP 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 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 (insertType 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. 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 certificate of occupancy. * Environmental PUDZ-PUDA Checklist (non-1tFMU) Project Name j 1 j 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 7 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 424). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.14.1). 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 3.05.07.13-13; 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 b. 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 0 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 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 l0. PU❑ Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 i l 1f the PU❑ 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. ff 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. 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: Comer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORiDA 34104 (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 ❑Us = 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 ❑istrict, Urban Coastal Fringe Subdistrict within the Bayshore/Gateway Triangle Redevelopment ❑verlay 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 PURR 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: lnfonrration 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 most 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. 3A Updated 7/24/2018 Page I Jof 5 COW er C01414t y M, COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes V 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for submittal (not listed on application): &2. ATT A C��Q_ b po-k'ES 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. 33 Updated 6/12/2019 Page 1,6 of 5 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." Carer CaOunt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Pre -Application Meeting Sign -In Street PL# 2019dd01364 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 Sall Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov Steve Baluch Transportation Planning 252-2361 stephen.baiuch@colliercountyfl.gov Ray Bellows Zonin , Planning Manager 252-2463 raymand.bellows@colIiercountyfl.gov 1 Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercount fl. ov Craig Brown Environmental 5 eciaiist 252-2548 trail .brown@colliercount f. ov Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanava@colliercountyfl.gov Managing Asst. County Heidi Ashton Cicka Attorney 252-8773 heidi,ashton@colliercountyfl.gov +� Thomas Clarke Operations Coordinator 252-2584 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. ov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@coillercountyfl.gov J Paula Fleishman Impact Fee Administration 252-2924 paula.fleishman @colliercount fl.gov Growth Management Deputy J James French Department Head 252-5717 james.french@colliercountyff.gvv Structural/Residential Plan Michael Gibbons Review 252-2426 michael,gibbons@colliercountyfl.gov J Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm. ewirtz@colllercountyfl. ov Nancy Gundlach, AICP, PLA Zonin Division 252-2484 nancy.gundiach@colliercountyfl.gov J 5har Hingson Greater Naples Fire District 774-2800 shin son@gnfire.org John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov —i Erin Jose hitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyf[.gov - Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercounty-fl.gov Diane Lynch Operations Analyst 252-8243 diane.lynch@col liercount I, ov Gil Martinez Zoning Principal Planner 252-421I ilbert.martinet@colliercountyfl.gov Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Jack McKenna, P.E. Engineering Services 1 252-2911 rjack.mckenna@colliercountyfl.gov Updated 6/12/2019 Page 1 4 of 5 Co*'ier County 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@colliercountyfl.gov Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl. ov --1-1 Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov Richard Orth Stormwater Planning 252-5092 richard.orth@colIlercountyfl.gov 1-1 Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov J Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov Todd Riggall North Collier Fire 597-9227 triggaII@northcolIierfire.com Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblurn@coliiercountyfl.gov El 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 r 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 Tearing 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@colliercountyfl.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 l �Or u ' t- ,A, c pie,, r r- 'a" 'IJ,N'01-- Updated 6/12/2019 Page 1 5 of 5 Coder County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20190001364 — Meridian La ndi nIgs P (Pu62 PRE-APP INFO Assigned ❑ps Staff: Thomas Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request o Sharon Umpenhour/239-947-1144/sumpenhour@gradyminor.com ■ Agent to list for PL# D. Wayne Arnold, AICP, Q, Grady Minor & Associates, P.A. Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project. • Owner of property (all owners for all parcels) 61840560008 - KHD Development General Partnership ■ Confirm Purpose of Pre-App: (Rezone, etc.) !� t PkA ro PK[b REza,uE_ P1A-bR • 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 0 Details about Project: PUD;f— is this a phased development and if so what schedule is being proposed? NO lti 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 S, 2017 Location: K:\CDES Panning Servi ces\Cu rre nt\Zon i ng Staff Information Zoriing DMsim • 28M North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.colle-gm.net Meridian Landing RPUD Location Map '� 1 � r 4o; { BOTANICAL PLACE CIR OF 'Rix Yj 41 D' - ' � t �, Suhject•Property ' _ f ' Thomasson DR '{�1L�LP • �- T- AL-,: , 4� Yx _ IF 41 - ` Cottage Grove AVE y � z - �� a� -t. .- k .tom• � �, . j ► ��.4 - r 'l Karen DR �i f .��tM .4: l ' • }I �._.�Sourca. Es•irJ .wi l lobe �,o>� ` -. r�15.iar G •,gr - � ©Grady.Minor 340 170 0 340Feet CIAT I.n.Jnrrrs • Land 3unv%xws • Planners • Landtwow. lrehIWt,Is Co[ Y CAM"ty 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 t❑ 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 CODES REQUIRED RE NOT RED 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 Prope rt❑wnershi p Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 © ❑ Architectural Rendering of proposed structures 1 ❑ El 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 2 [] Historical Survey 1 ❑ ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1Fvt❑ 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) ❑ 117 ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 CAY Coulity COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.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 ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 35" — 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: El Exhibit A: List of Permitted Uses El 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 C Exhibit F: List of Development Commitments If located in RFMU Rural Frin a Mixed Use Receiving -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: [7 City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION ;3� Pre -Application Meeting: $500.00 �" , a 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 u PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre 9 Comprehensive Planning Consistency Review: $2,250.00 '< Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 t,// : 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. a Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net J9 Legal Advertising Fees: ,�k CCPC: $1,125.00 `f) 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 Sri' and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date February 1, 2019 Page 11 of 11 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 8D: 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 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 the transportation and/or environmental issues. (Processing change) time: 20 BID" 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 f) or 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. (Processingtime 20 BD; 8 months PUDZreiNew 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 y official zoning atlas established in LDC Section 10.02.13. an acre. This section provides the submittal requirements for PUD Documents and Master Plans. (Processing time: 20 BD: 8 rnontns) [Note: All processing times are approximate and the fees listed do not include any other applicable fees] Revised: 6111115 Environmental Data for PUDR APPENDIX B Earth Tech Environmental Staff Qualifications Earth Tech Environmental, LLC www.eteflorida.com 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 _ transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. \L19 Envio�rcenta� LLC 239.304.0030 1 www.eteflorida.com 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 Environmental Data for PUDR APPENDIX C Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 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 re�� Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 ��-----�� 239.304.0030 ,LLC www.eteflorida.com July 26, 2019 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 Protected Species Survey 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 9 Protected Species Survey ❖ "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 Protected Species Survey w i b IOU -M s Ti AV"! t.�. ooia�ea from Dar.dam Enpneenp f i r0 j 75 756 300 - �'� --•" r Su61ec[ 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 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 aA +i A e w ` } , a 20=9 RaaldMned fmm ""�. � :i �� came, cwmr Pmann nvc.rs.� JJ t. Suged Propnry GwMary � . •- � obt�ned hom Oendsen Enpneamp • r � - 0 75 150 900 Earth Tech Environmental, LLC Figure 3. FLUCCS Map with Aerial Sudyed Property FLUCCS Mapping 411€2, Pine Ratwmds (2&50% Exotics) 411-E4, Plns Flatwmds(a75% Exotics) 411H-D3 HydrkPine FL-AKods(51-75%Exobnj 510. Canal _ 740, Dlstwbed Lards 814,Roadway www.eteflorida.com A Protected Species Survey 411FFE3 814 N- Suble�I Pmg" bw+i WW I—�L n 0 75 159 ago Feet 411-E2 Figure 4. FLUCCS Map 411-E4 r—ISuGJ2Ct 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 Protected Species Survey 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 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 Protected Species Survey 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 Protected Species Survey 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 Protected Species Survey EIS r • llll zw d iI E Jam} S ri . - .•�� ` A _ MUN - r M �a ♦ �� 1 Y i IF �lI�,.��i11� .� 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 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 Protected Species Survey 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 Protected Species Survey Figure 10. Bald Eagle Information Bald Eagle (Holioeetus 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 Protected Species Survey 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 M Environmental Data for PUDR APPENDIX D Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com d F- F- U � LLIW o w d Z a m a ON _ c� d o 3 o Lu w z = W � O a U 0 a Z O F d 0000 ;x a cA > 2 O J • z d LU W O o z > Z O J • W H z; Q W m Q I J of 0' w U I \ 00 O M Q w (L I J M M I I I J Q M X Q Q W \ Z w p LL I \ \ Z 00 0 W J co I \ of::)LL o I \ _ Z o > w, 4 2 W I I \ Z>( o o w Q Z co U w U) II \ 2QW0iQ U J a M p = Q FO(n�-w oA19ASNs O PP,� 0 =oFZLu 0 LL H� �� a GpeO\OQ f �oZOW Q o O x I- COUNTY BARN RD 1� w M 0- w z Nl'N01sWb7 I w m ¢ dr w W w m > 8 OOO y13�1b7 Q. 1 J m = cQ7 w W ao�WlVd C/) � a w r ¢ o r Z J, 2 o a/ W z 1S 1S N83d ^ cd Lu 0 w H w U U 0 U W m cn Wtl WgE:6 / pxw,depy uopool aallloo\SIJ\s6ulpuel uelpuaW\a3llloo\Slo3foad\s;uownooD Au313\:J _w O Ll w V] u U L N O tJ M W X o W C:) o o U Lo N v co U =z W O O N O O c N C Fx a a @ (6 U J LL LL .6 -0 d C C. a d ri c 2 2 v m 00 � U !C N N V W Ci W W = o 0 r W _ +fir of m y�_ J M M �N Q M x ~ • Q Q woa � K � z 0 0 0 w � M 7 LL a U of —Z OQ >Lumvo .. P Z>(9O— W Q Z M Of O = w o_ m J U a M W W J u) N w '-' p•. -0 Q I- = w w �' o z00 a Qo0m� wa- rA JCUJIgn tnveiope lu: y.5ub u-\or-v iot5Lro JMB TRANSPDRTATI❑N ENGINEERING, I NG. 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 6�j .•� CERTIFICATE OF AUTHORIZATION NO. 27830 49� ftf (PROJECT No. 19071 5) ooausi E5gneaby: r No486 0 _ 19D679D23E47F... JAMES a 6A1¢ P. R I D F orb FLORI A REG. '4p jC99TSNG��,�` DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 2 Table A - Approved vs. Proposed Land Uses 2 Figure 1 - Project Location & Roadway Classification 2.1 MCP 2.2 Project Generated Traffic 3 Table B - Site -Generated Trips 3 Table 1 - Trip Generation Computations 3.1 Existing + Committed Road Network 4 Project Generated Traffic Distribution 4 Area of Significant Impact 4 Figure 2 - Project Traffic Distribution 4.1 Table 2 - Area of Impact/Road Classification 4.2 2019 thru 2023 Project Build -out Traffic Conditions 5 Table 3 - 2019 & 2023 Link Volumes 5.1 Table 4 - 20123 Link Volumes/Capacity Analysis 5.2 Appendix 6 11 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5EO15B2F8 1 �l i 0 0 0 C Z; i v Naples Airport Revised January 29, 2013 JM TRANSPORTATION ENGINEERING, 1NC_ m IPropspect Ave ------- ------ Meridian Landing RPUD July 23, 2019 I I I NORTH Rds ---- ----------- A ----- Rattlesnake Hammock 1 LEGEND 6-LANE WDED ARTERIAL 4-LANE DIVIDED ARTERIAL--------- 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL Project Location & Roadway Classification FIGURE 1 2•C DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 my C] LO y L{] ZONED: RMF-6 x RESIDENTIAL II ^ o a AVALON ESTATE UNIT NO.1 t, o q (PLAT BOOK 3, PAGE 62) r� 6i a a e n o N F 0 W <0 19 WIDE TYPE W LANDSCAPE BUFF 2 CD 4mw n wQ W �r W IL ILL z Z m Q Z-t w nw0 a w I w UJ w?o m { Q❑ a a a m ❑ I a m a m I a Y w ¢-- ¢ I ❑w a w I ❑ ¢ z o ❑ 1VI :; 9 cq 2¢ �xM 'p -� l ' LLz a co Ww , \ ZO o i �zOQ CL" �� Z D �. ¢ m In.mY / �—' CON w 00 mT a ¢ I" O d ' w IL IN b - \ fw �0 3 \ \ II o _ I I Ili is- 6.0' WIDE J LANDSCAPE �I w BUFFER ` ♦ a w g N EASEMENT I CN V 5 IW Of w )♦ I o W O c�i LL \ I I Q wN (' I a W m J z a4 0 (� a ❑�� o O U Q Q m O co * i I 6 d» ILL m z /, i. f, OOZiz O �rq 14 I!; xxaow O LLW O U ¢ W m ¢ [ C7C7wo Z ~ w ��m�Q ~ W i W a F i '♦ Lu 2 Lu 1-- Gll o � I a W fl1 ❑_ (,7 I o z Q Lu w o - ! 0 LLI W ! m �U Q �Z J LaW 2a 20' WIQE TYPE 'Q LANDSGAPE BUFFER' z OO O W O O }- -- -- ¢ IN Q in Q W z 71 w a BAYSHORE DRIVE m a 0 OW RIGHT OF WAY) ❑ w i a J ®a z.a DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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". 3 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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 T = 7.56(X) - 40.86 = Ln(T) = 0.95Ln(X)-0.51 = 23% Enter/ 77% Exit = Ln(T) = 0.89Ln(X)-0.02 = 63% Enter/ 37% Exit = Total Trips Trips Enter/Exit 776 ADT Build Schedule 127 Units 51 vph 12 / 40 vph 63 vph 40 / 23 vph Trip Generation Equation Total Trips Trips Enter/Exit 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 14 / 46 vph 46 / 27 vph 2 / 7 vph 6 / 4 vph 3.1 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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. F DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 Naples Airport ue IPropspect Ave v � • a � a L_� LEGEND e 657 PROJECT TRAFFIC DISTRIBUTION BY PERCENT JMB TRANSPORTATION ENGINEERING, INc. I I I NORTH Radio Rood N.T.S. — — — — — — — — — — — — ---------- s ` Rottlesnake Hammock 3� yy �o Meridian Landing RPUD I PROJECT -GENERATED FIGURE 2 July 23, 201 s TRAFFIC DISTRIBUTION +k DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 c " �O O Ez z �n 0- r L a r N N VJ U a N �+ p O 0 z W Z L v x Y CD a a a r oa 0 z w w x n O Y Y a a a co Si axo� s N a o a Y co a 0. LL1A O Q o�oo L L rl- 0 M W [L I' n N y c w Q v o ` v E � 3 I O co O CD co QM O rW W O �>� o ❑ a a C tt N Cb 111 W t9 n V N u Vj cf� 6 Q m Q p C J O v U N C y C O Ecn cn u p o a 2 r m o a M 0 O EL Z 4, d S F- I^ 0 N N E w Q w 0 0 s a a m r- o 0 m �:Z DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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. 5 «S)nEnvelope ID: mmlmy5msko $A7 &8lA5EO S&R U) W m M —i O � � Z_ J Q co� W _ � � � � � N O N 7t" § \ (a¥ Ix § t k § k ) f > ) 0 I m Q) � 0 k k \ \ \ _ « w w )�\= z m w £ _ t4 )) \ \ \ 7 0 k 0 ( 2 ; 0 / ) S.t DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 M0z 0 - =cn 0 J m ❑ N •3 � � a c 7 O O N, co N U O O 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 m CD-heY L a a co m a Q L ' I z a 0 a z (D 2 Y rn IL a ] 0 z u X a. OI A IL a a y L C 7 0 C M =: c) 0 04 CD 1 o ao IL m a �I m ❑ � o c to 0 o N 2 W rn N a Y R ] a m I r: 0 M cn (4 E a L F.. d N 0 0 CO uO co W co f Q w LO 0 LO W a C O N N fC E 0 .- F O co O 5.2, DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 APPENDIX JCUJIgn tnveiope Iu: ziout) iu4o-oyyu-4ouy-bmtz-p-u-\or-u ioCSLro 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) 7-23 - Zd11 �AME BANKS, P.E. DATE FLORI RE0. No. 4365© DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 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 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 o - n o� ZONED: RMF-6 RESIDENTIAL II s F AVALON ESTATE UNIT NO. 1 s a ¢ (PLAT BOOK 3, PAGE 62) LLI Q o y 70' WIDE TYPE 'A' LANDSCAPE BUFF o wgCl) O w co I Qa0 I a 0 LLIW a u- ZZ?� � m r � w Y a � l � I w za dF 0 U I ou 4 Q m co�� -- :� .:.:I w m ~ a w mef aui r oZp I �V a w� Q co w } `I ;�z m r ds + d I ca `L La zZE wILI � -- �¢0 07 _ LEI N aW g ODO� W Ilw.f no m w.00 Z g mm W C) Q &L. o z Iw C x oi \ no ~Y = ni i � 6.0' WIDE n LANDSCAPE . w - A BUFFER \ �l j a d $ N EASEMENT \ } cv C7 �6 I d Q LLI ' l I (D C) Q ju �Ir Q a s w ♦ \ I w t"S ft w ! a m `\ 4 ♦ ` 1 wQo � r Lull Jgr0nvti o Z) 00 Q ¢a0o1po� (33 O C.)�fl)e 4 Q df 7 LL 07 00Z0z CC g I'r2ow 00 u-w O c;ac�7o¢ C° k c� m w R d Z Q Z w y W W • ` i fz 2 Q g W C) W z cn ¢ Ld w Q o • LLLL •I w O W Fn i' W m 2iU' Q Z UJIW. ' rg LL U� O I-j W Z 20' WIDE TYPE'D' LANDSCAPE SUFFER `L C-)o � LLIZ O C) O ~ m N r Q LLI d Q BAYSHORE DRIVE m ❑ (10D' RIGHT OF WAY)Lo W i Q Fl 1 DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 TABLE 1 TRIP GENERATION COMPUTATIONS Meridian Landing RPUD Proposed Land Uses Land Use Code Land Use Description 220 Multi -Family (Low Rise) Land Use Code Trip Period LUC 220 Daily Traffic (ADT) AM Peak Hour (vph) = PM Peak Hour (vph) = Build Schedule 127 Units Trip Generation Equation T = 7.56(X) - 40.86 Ln(T) = 0.95Ln(X)-0.51= 23% Enter/ 77% Exit = Ln(T) = 0.89Ln(X)-0.02 = 63% Enter/ 37% Exit = Total Trips Trips Enter/Exit 919 AST 60 vph 14 / 46 vph 73 vph 46 / 27 vph DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 ue Naples Airport txchange Avenue in Propspect Ave 3 C LEGEND a 65i , PROJECT TRAFFIC DISTRIBUTION BY PERCENT JMB TRANSPORTATION ENGINEERING, INC. 1I I NORTH + Radio Road NA.S. _1--------------------- ` Rattlesnake Hammock XP 41 ao ` Meridian Landing RPUD PROJECT -GENERATED IFIGURE 2 July 23, 20 1 9 TRAFFIC DISTRIBUTION f y `-i «S)nEnvelope ID: mm1my5msko $A7 &B1a 7S&R \ O O Z � 2 Z m £#/ / ) « G # a 2 )�y y �Rw w m $aq 0 6 � z o CL 2 § �x�=o CL z ƒ IL F- � CL m UL. . \ \ %k a » m LLI a � Lu S § J / 0 CDE / -- © o j > m LU -i(L \ i 0n ir � 0 fL $ 7\a S § w g � . 7 � . a ¥ ® of 2 s k $ § 2 CD= \ ) ( \ 3 < % 6 m v D / } \ e w � • § \ § CD} 2 E » 2 IL a m e «S)nEnvelope ID: mmlmy5msko $A7 &8lA5EO S&R ) a. f I m < I � CL _ > � W E a J f n m § CD J � \] CD f22k e > 7 A � � 2 Z_ \ O § \ / 0«w J M � § a- \ @ u < � � � m ■ / o 0 O § 5 r @ r ( « w > ad co � 0 N 7 J / � 0 a \ / e = G DocuSign Envelope ID: 93D61D43-599D-46D9-BA72-61A5E015B2F8 M O N o a +d O� m G] N ❑ J 0. � c r7 .2 p p a 1 N U O O. � Q Y � d ❑ �a. o 0 Y 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 Q (� m 0 o m ❑ M � c 0 N p °r° o a N N M a Y 7 a v � o � 4 � U! N f4 91 O E w O � >+ [U � m d 7 miQ .�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 MH C G Total Units Current) Allowed b Type: 108 Total Units Proposed by Type: 127 1 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: G t \ \ k � / O ® kII � + 0 M 0 � 0 n q � W © / / / � � k � R - � 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. ,..T71 IT a awn � a '-'• a fit . . •: •: i�,ti y��- • _ <r 'Sjo LA u 3 w_ _� rid u � �.. �.- ,�- •��.�" � j r� ! 1/'�'` ..r�i��l+rr ,•1�'fo ra a"y�,a�'�s�+Y�SI ♦' •�•,�~ �j,,y� - ••� .� mail.• It Ik 10 � 0 pr rj Nf C•a N- r,�1 '� i�' D p. o D, I&UW � C�Co t�itllGutldW�/=�� "' e ti iGradyMinor 41 170 1 340 Feel Landscape Architects 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. 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.com 6�,12g293031 IV � 1 � N �1O`1 M N go 0 �sl8�fl 9L 54174��0 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 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 in accordance with the Cirrus Pointe RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. Page 1 of 2 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 �� d County, Florida, this � day of ot —L C � �-�n ATTEST: Q C. IC�HT,E:-BRC C, C MRK •�11tLt[[strJ:i'�'to, Chafr'■isA' f Approved as to Form and Legal Sufficiency: YQj —M L.cdo-"E 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 This ordinance filed with the llWetary of State's Office the �� - day ofil.�_CZ� and acknowledgeme�n,�4 that filin receiv d thisM day of ��d�7pppp��00��55jjj ey DePuty Page 2 of 2 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 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 m PAGE 1 3 5 9 13 14 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" TABLE I LIST OF EXHIBITS AND TABLES PUD MASTER PLAN PUD WATER MANAGEMENT/UTILITY PLAN LOCATION MAP DEVELOPMENT STANDARDS III 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. 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 function;ng 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 Base Density 4 dwelling units/acre Traffic Congestion Area - 1 dwelling units/acre Affordable Housing Density Bonus +8 dwelling units/acre Maximum Permitted Density 11 dwelling units/acre Requested density = 10.89 dwelling units/acre Maximum permitted units = 9.92 acres x 11 dwelling units/acre = 109 units Requested dwelling units = 108 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. 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. .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. 11.5 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 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". 4 SECTION 11 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. 5 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 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. 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. 8 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. 0 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirrus Pointe RPUD. Ito] 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 additional 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. A L I E F 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. 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. 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. 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). Si ns Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 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 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with 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. 5.3 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. 5.4 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 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. Monitorinq 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 15 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 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. 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 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 corner 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 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. z 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 Aa n`i ° ■ r=61 o ni yy� f z Eto Np $tlS N Iz- U) o m ON t12 4 aiSSii o� N f Y P. N g Z > x �ppl jjpANgQpa{�� 1j�N f. P III UNDEVl0PE0 1 SAYSHORE DRIVE (RNV VAR_ S) _ (IJJWE3) � it �•�(! �. a 1 It 1 v LEI �� I I i l j j _N N � I r I mgmp 1 �DZf�D[mil ! m m j IR I � `2 II �m � �j z I J s iX m ' Z - 1 Zr < I �1 U= Al IN INN '.r t C-3 ZONING UNDEVLOPED ' BAYSNDRE DRIVE (RAN VARIES) (4LANES) m I 1 i RESIDENTIAL AREA � < D m (I rt } v t v +{ I 1 r RESIDENTIAL AREA I I 1--- "—..— Y —1 m $prD �i yQ v►ob�r Q 1 a Z k 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 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 Rev 9,1312003 RECEIVED Page 1 of 30 JUL 2 5 26H ft.;MING SERVICES i.Ee TY.,cNT 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 Aareements. 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 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 LDC §§ 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 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 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 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 The Notice of Violation shall comply with the requirements for such Notices. G. 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 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. Indemnifv. 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 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 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. Preapolication. Developer has executed and submitted to the Page 10 of 30 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 a t form and legal sufficiency: Patrick G. W ite Assistant County Attorney Page 11 of 30 DEVELOPER: Witnesses: Witness Printed Name .J t ttZicrv{ y` 5Tc �Z Witness Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by -.461Cs �t c b5 as &6A;C( I bt k/r tePf2 of C i R ►2c t S �L ►� �) who is personally known to me or has produced as identification. WITNESS my hand and official seal this - I /5r day of _jLkL )� , 2005. : FloW �sl�woaE : 0 .r My Commission Expires: otary 96blic Page 12 of 30 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 APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITSIMONTHLY 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 I Bedroom p 2 Bedroom p 3 Bedroom p Page 14 of 30 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 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 iow) 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 units per gross acre. APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE 80% MI= MODERATE (OWNER -OCCUPIED, 0 1* 1* SINGLE-FAMILY) 60% MI= LOW (OWNER -OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) 50%MI= VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI -FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE1 AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 17 of 30 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 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 Page 18 of 30 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. Page 19 of 30 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 APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO -TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: State Zip Telephone No. Job Title Every 2 Weeks $ Birth Date --- Job Title Job Title Monthly $ Page 20 of 30 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 1. 2. 3. SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 21 of 30 APPENDIX B. EXHIBIT B AFFORDABLE 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 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 Co -Occupant Amount Frequency Amount Frequency Received of Pay 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 $ $ $ S Veterans Benefits $ $ $ S Widows Benefits $ $ $ $ Page 22 of 30 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 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 HOUSING UNIT. Page 23 of 30 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip hereby authorize the release of information requested (Applicant) on this certification form. 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 (notary seal) My Commission Expires: Signature of Applicant as day of 12005. Notary Public Page 24 of 30 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 Annually 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) as 2005. Notary Public 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. Page 25 of 30 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE 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 Administration and Housing Department. All items requested must be provided. A copy must also be provided to the Financial 1. Please state what zoning districts are proposed by the applicant, if any.. on the property and the acreage of each; PUD-9.92 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X I Yes No If yes, state date of application 12-2-04 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 10.89 units/acre. Gross acreage of the proposed development. 9.92 acres. 4. Are affordable 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 PUD located and 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. Page 26 of 30 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 Rental Occupied Rental Occupied MODERATE INCOME 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0— 0 0 0 Page 27 of 30 LOW INCOME 60% MI Efficiency p 0 1 Bedroom 0 0 2 Bedroom 0 0 3 Bedroom 22 22 Other p 0 TOTAL 22_ 22 VERY LOW INCOME 50%M1 Efficiency 0 0 1 Bedroom p 0 2 Bedroom 0 0 3 Bedroom 10 10 Other 0 0 TOTAL _10 10 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square 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 additional pages as Exhibit "D" if needed. (See Attached) 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. Page 29 of 30 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 the 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 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-63 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK h Clerk of Courts ae+.` `. Ex-officio to Board` of County Commission'.'''- By: Ann J nejo 'n, Deputy Clerk 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 AGREEMENT AUTHORIZING THE DEVELOPER TO CONTINUE 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, THAT WILL NOW INCLUDE A MAXIMUM OF 44 AFFORDABLE HOUSING MULTI- FAMILY DWELLING UNITS DESIGNATED AS WORKFORCE 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, Patrick G. Whi James Fields, petitioned the Board4"6unty Commi Affordable Housing Density Bonus m6rrt to r housing units now being deoygnador"dc It vi without changing the total nutb�i�o,dcablAa previously approved as part ofnance No. 2005 NOW THEREFORE BE ,. a (1 0 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: s & Arthur, LLP, representing the previously approved from 32 to 44 affordable low or very low-income, of such development THE BOARD OF COUNTY 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 designated as workforce housing units. The amended and restated Affordable Housing Density Bonus Agreement is approved and is attached hereto as Exhibit "A" and is hereby incorporated into this Ordinance by reference to replace the Affordable Housing Density Bonus Agreement previously approved as an attachment to Ordinance No. 2005-63. no PO warm s� �o O Rf C:) O O W b� �tm tm o� Words stte#t#eegk are deleted; words underlined are added. Page I of 2 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�Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this GG day of 8. Ac ATTEST: DWIGH,T,E. BROCK, Cl 44uil ty Aoornyed -as to1ohn and Hdidi Ashton-Cicko Assistant County Attorney NAPLES/555776 v 01 OF CO�,JNT, "OYWY, COMMISSIONERS a , Chairman 9 Words stmek thfoug are deleted; words underlined are added. Page 2 of 2 This space for recording AMENDED AND RESTATED AGREEMENT AUTHORIZING AFFORDABLE -WORKFORCE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND j" x THIS AMENDED AND GESTATED a � L 4 of , 2608 bI.Jand betw,'-A the Collier C unty Board fbunty Commiss "Parties," and replaces the prior, original AarE � �4ZJZ !T, REALPROPERTY E MEN is made as of the day y ;lay s -'Fields (the "Developer") and e "f '"mission"), collectively, the ers 4 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 32 44 , representing 30 forty (40) percent of the total number of residential Units approved in the developments 56.4 percent of the approved bonus units. Page 1 of 31 4/ 12/06 underlined text is added, text is deleted 0 w 00 C." ry 0 w +_ E�jvj,b i � A 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 of 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 coni x approval and grant of the density bonus of 7.89 units per ac, ' ested by the De per and the benefits conferred .. ;! thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are her' SKno I \p"veloper and the Commission d hereby covenant and agree as `<' 1. Recitals. The`°"above Recitals are e n rect and are incorporated o herein by reference. .�. iN 2. Developer A reements she © peg hereby agrees that he it shall g �, re construct up to _32 44 able units, not to exceed 40 % of the approved c residential density as affordable -workforce housing units, which Units shall be sold in o w 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, S'-��,QC'RthFOUg : text is deleted Page 2 of 31 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 l ® rtici' hed in the Federal Register, as adjusted for family size as shontables aeett�iereto as Appendix A, Exhibit C, Which Exhibit shall be adjus e&fr time to -time in accordance with any adjustments that are authorized by HUD soy [A the event that HUD ceases to publish an established medr i�s�`osaldthe Fries hereto shall mutually agree to another reasondhr sand comparable � t o�dy? of computing adjustments in CD q, median income. s (3) Eligibility and Qual idogory lof Or. Family income eligibility is a w three -step process: 1) submittal of anµ application by a prospective Owner; 2) c� verification of family housing unit provided under the affordable, workforce, and gap o housing density bonus program prior to being qualified at the appropriate level of income (very low, low, FnodeFate workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the 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 underlined text is added, stFUCk threag# text is deleted Page 3 of 31 ap4-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. The DeyelGoer and mission aGknowledge and roe 4haRt enne ov—th r-vrrm•e developer has red all affordable wE)rLfeFGe and clan unitnen4enmAated under this AcireemeRt to approved Urrhaserc the Developer hall no L,ncler he Fern irer%� arrc pFoy*de nreclress and meniterinry revert anri hall ne 1GRger be -liable for eRf.GfGeA4ePA antien � ender thie Agreement UVL (a) Application. A pot f�� 'owl apply to the developer, owner, manager, or agent to qualify as lei workforce e e family for the purpose of owning and occupying an �fforj,able�workforce housing nit pursuant to the affordable- --- - workforce housing densit ' b ra�li g[8iy � I dry Application for affordable - workforce i i workforce housing unit sho) and —Housing and Human %Nices DepartmentT'�s £shi 'in Appendix B, Exhibit A, o attached to this Agreement a " %� �porated by refere . erein. (b) Income Verification ac! q. a J f i Ime, ' o affordable -workforce housing CK>, unit in the development shall be sold whose household income has not been verified G'�l and certified in accordance with this Agreement and LDC § 2.06.05. o (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 through text is deleted Page 4 of 31 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 FminaRGial AdministFation and 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 'form be executed by the potential occupant (including the enr ' usehold) prior to, occupancy of the affordable_ workforce housing unit by/th o u nt �..ln( e certification shall assure that the r potential occupant has ar ap15'rgp e 4i' 4 ncortte which qualifies the potential ki poccu ant as an eligible fa -abl,,04,orkidke housing unit under the affordable -workforce hou nd' density bonus o rarn ",Jhe affordable -workforce o Housing Applicant Income efcation form sh t ks°` provided by the €inaRsial Housing and Huma a e,e sADepartment as shown in Appendix B, o0 Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify o _w occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted o0 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, 4Fa44hf000 text is deleted Page 5 of 31 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 AdMiRiGtFatiGR 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 ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictio lei 4 cable -workforce unit in any building or structure on the Property shatlb occupied by the Dv6'1b�per, any person related to or �.... affiliated with the Developer-, or`,by,a. rR,side-nt-r ah-tiger. 3. Density Bc nu '°' 'fh =`P Cor !r i o'h y 'racknowledges that the Developer has met all re r d dit ,"allfyi D , a ,ophsity bonus, in addition to the base residential densif 3 units per a ,aid , Therefore granted a density o bonus of 7.89 density bon$ ,' s per acre, for#density (total = density bonus .� units per acre X gross acreage) o.w w omits/ac, pursuant to LDC § 2.06.00 u, The Commission further agrees that the Developer may construct thereon, in the G-I aggregate a maximum number of 108 units on the Property provided the Developer w is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the FinanGial AdministFatien 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 underlined text is added, stmek thFOUgh text is deleted Page 6 of 31 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 criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by iy -enforcement as We veq by law. b. Notices of inas. Whenever it is determined iaaT1 `vt�a i n is'Agreement or of LDC § f 2.06.00, that should be e for �r�l�le E ft Board, then a Notice of I.� , Violation shall be issued 81q"d sent by the apprrlafe rtment by certified return - receipt requested U.S. Mall, rhnd-delivery to thon or developer in violation. -� ' C The Notice of Violation shall comply wi� (trq w rements for such Notices. C_" 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 § 0 0 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, St,H L thfaugh text is deleted Page 7 of 31 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. 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 effecti e b i'0 * yi the Parties. 8. Notice. Any notices desired or require 't b given under this Agreement shall be in writing and sh ll thOr-be personally deliv red or shall be sent by mail, postage prepaid, to the P rti °a: roVjh d- s To the Comrn`et ci• Collier aunty PO 3 Housing arid', an Services Department r .sue ,.w t e33( 11- M-Tdmiami Trail, Building H. Suite 211 � -Naples" plorida 34111204 � To the Developer: James J. Fields o 15544 Monterosso Lane #2 0 Naples, Florida 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 FminanGial Administration and Housing and Human Services Department or its designee, shall have the authority to monitor and enforce the Developer's obligations underlined text is added, ;::w44n text is deleted Page 8 of 31 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, restrictPU iops,which shall run with the land and shall be binding upon the �"i r rty and against 4' person then having any ownership interest at any t°neAndtirpm fime�-te ime un -1 this Agreement is terminated ;Y in accordance with Section 4pvirr;�ia�ties agree that if Developer # s transfers or conveys the Pro'01 sor or er i` Developer shall have no further obligation hereund��" d any person se - ' ag 1to" , rce the terms hereof shall Q . look sole)Developers3 ° y to su in interest for theormance of said obligations. w 00 12. Recording. This Agi'eer�'pt sial� corded at County's expense in the official records of Collier County, Florida. CIA 13. Entire Agreement. The Parties hereto agree that this Agreement o 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*FU61(t foug text is deleted Page 9 of 31 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 allot`a�; workforce house bits shall be intermixed with, and not segregated from, the r ariet4te-dweRn4,�units Irn the development. f. The sqp c tr i ti ,�'hd ``design of the affordable,. u., t E i, workforce, and gap housi i � i t �I me, r s �n l rate dwelling units in the tt ti" 4 development. All physical�%ities in the dwe[l ulit,a` described in item number CD seven (7) of the Developer A Is46ion for affordable- force housing Density Bonus shall be the same for market rt s �nts�d 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 0 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, str-uek through text is deleted Page 10 of 31 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 Manag" m �t),p,Jand development regulations of Collier County that are in effed ` t the time of devel6'0*' r Subsequently adopted laws and policies shall apply to/thi"AW,eer6nt' andJ`to, the e4opment to the extent that they are not in conflict with the -rjUMbe(, y�ef of f6-workforce housing units and d sc 5 �;r the amount of affordabt- 'kka�d�t►g c►aty `bonus approved for the development. o 3 20. Affordable-Wor for0e Housing Densityr Lis Develotment Agreement. COO This Agreement is a distinct and ep'a g � e t` from "development agreements" �, as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the .C=> 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 agreements which may be reasonably required in order to effectuate the intent of the underlined text is added, �••^'��, g text is deleted Page 11 of 31 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, Agreement to be executed ATTEST: DW IGHT, IE=,; "13tkOCK,'Cle f� 0610LQ tt. Oslo. caused this First Amendment to day and year fir bbye written. RD(F COU NTY COMMISSIONERS [�ij, FLORIDA k By: ToikHe'no", j 'CHAI ...0 s -k Appr ed as to form and legal sufficiency: Assistant County Attorney • underlined text is added, StFU& thFeugh text is deleted Page 12 of 31 Witness �-) Printed Name PA7F() v Witness j� I Printed Name , STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing First Ameridm` rIt to'; Gap Housing Density B 'And Property was aenow�d',g,ed wh .d DEVELOPER: Al By: C1 C{ l=i 0V-1" ck Q� o n tirl;Ing Affordable, Workforce, and gs 3 ing ovenants4nd Restrictions On Real re °fie t . S as sally,,. i � to me or has produced I I L"fk#CUjjt"j — WITNESS my hand and official seal this-.91N, Notary Public My Commission Expires: f;t REBECCA PARATORE r MY COMMISSION ! DD 417346 3-� EXPIRES: July 4, 2W9 ^- l BMW 7tru Notary Pubic Wftvr hn underlined text is added, SkUek threugh text is deleted Page 13 of 31 0 w 00 ca-11 b O .F— O 61 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 Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida. 9 69�- w 00 O rim O �1 underlined text is added, s�Ftwk t roug}a text is deleted Page 14 of 31 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 AW 3 Bedroom 4 Bedroom TOTAL J WORKFORCE INCOME (61-80% MI) Efficiency 0 1 Bedroom 11E- _— 2 Bedroom 0� 3 Bedroom 44 4 Bedroom 0 TOTAL 0 44 LOW INCOME (51 %-60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 24 underlined text is added, struck ;;—e " text is deleted Page 15 of 31 'lv 0 .s:- w b 0 ..tom 0 00 4 Bedroom TOTAL 0 VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom 2 Bedroom _ 3 Bedroom 4 Bedroom _ TOTAL (1) Base residential dgnsi (2) Gross acreage 9.92 (3) Maximum nurn r of development pur uanl' (4) Gross residential es density bonus units (5) Percentage of afford, percent of the total nu 24 44 R C 89 units/acre workforce housing nits in the deve units/acre. bonus units allowed in this h*,Offordable-workforce housing Jged by the developer (as a /r30 40 %. 0 w 00 0 0 underlined text is added, Neagh text is deleted Page 16 of 31 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- o affordable housing type of a€€ he(owner-eeeupied-er- rental, single family of muki fiH:Rily) and percentage of affordable, workforce, and ap_tqusirig units in the development. To use the affordable -workforce housing density b n-Uk,i g� t Tables A and B, below, shall be used. Tables A and shall be reviewe,�- ''_,updated tn an annual basis by the Board of County Commissioners or its dgsipee. First, choose the gap) of the affordable-% n very low, low —,workforce, or evelopment, and the -tie€ development eempared ff the total number- of dwelling in the -development. F-rem t#is detefminatien, Table B will indieate the fnaximifngufn numbef of residential dwelling units per - Next, determine the percent of that type of affordable -workforce housing unit(s) proposed in the development compared to the total number of dwelline units in the development. From this determination Table A 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 - 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 R 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, struck thFOUg# text is deleted 9- CX> 0 ..tom Page 17 of 31 Where -[miresthan one type of af - r-da .le housing unit (based an level_ of ineeffle an' .nher of hedr, orris shown in Table A) is proposeel for a development, the affordable housing density bonus for- each type shall be ealculated sepafateb, in Table 43. Aftef the affofdable housing density beatis ealeulations for- eaeh t�Te of affer-dable housing unit hame been eempleted in Table B the affordable housing density bentis for- eaeh t�pe of unit shall be added te these fer- the other type(s) te detefmine the maximum affbr-dable housing density bonus available fer- the devel,,.,..,e„* In no event shall the affordable -workforce housing density bonus exceed eight (8) dwelling units per gross acre. I 9 underlined text is added, stFuck tkfeagh text is deleted Page 18 of 31 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 (% median) 10% o - 0 r '/� " 0% 70% 80% 90% 100% 40% 81-150% Gap MI* ** l" 6 6 6 6 n/a (Ga)jrr 61-80% Workforce MI* 3 5 8 8 8 8 8 8 51-60% Low MI 3 6 8 8 8 8 8 8 50% - Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner -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. a w 00 L." underlined text is added, stFUCIE NFeugh text is deleted Page 19 of 31 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 1 1 100 121,500 129,900 138,150 80% 39,100 44,650 f 55;850 4� 64,750 69,250 73,700 60% 29,340 33,480 '' 0 41,880 4�, 0 48,600 51,960 55,260 50% 24,450 27,900 3 ,900 37,7 y40,500 43,300 465050 35% 179115 19,53Q1,� 2,430�6,390 8,350 309310 32,235 25% 12,225 13,95P ' ,1 S, a ..n 4 59,7 2�1,250 21,650 23,025 C RECOMMENDED REAL; RAT>� The Florida Housing Finance Cin,(FHFC) calc�siit to use in the State Apartment Incentive Loan (SAIL) and the Low -too ni1sfax Credit (LIHTC) programs. The rents given below are based on 2001 data m 1 MC1.1"Giflity 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 1prior 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 .W, underlined text is added, ,t-••�'o�R-nhFE)Ug text is deleted Page 20 of 31 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. O W W b 0 underlined text is added, sty. L�hFOUgR text is deleted Page 21 of 31 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: Street City If you have resided at your Street City Name of Previous Landlord 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: State Zer Telephone No. e less than 3`s ` ase state previous address: Telkvhdrie No. Street city`` � State '�� :�Q Telephone No. APPLICANT: `~h. Present Employers Name,W 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, strueli thFOUgh text is deleted Page 22 of 31 Monthly $ 0 w 00 Gross Salary: Hourly $ Social Security Number _ Previous Employers Name _ Address and Telephone No. Weekly $ Every 2 Weeks $ 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: Monthly $ SOCIAL SECURITY How Long Known: How Long Known: underlined text is added, struck thFOUgh text is deleted Page 23 of 31 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 thi..fq�jj s�or refusal of occupancy. I hereby certify that this will housing. A that I have no other assisted I understand that this infomaito,, fps �e �� mpting my annual income to determine my qualification o b� ty n�'a W bip r r a 'housing unit. I understand that I am not required to s' ddC my dw& s 4 or rights o Eplaimed property, pensions or capital gains, etc. ' i Co -Occupant Amount Fruexlcy Amount Frequency R d"a 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, seek thFOUgh text is deleted Page 24 of 31 9 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. -C S underlined text is added, stymelt thFeugb text is deleted Page 25 of 31 APPENDIX B, EXHIBIT C AFFORDABLE -WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Itu Co - 6,A Signature of Applicant STATE OF FLORIDA ) ss COUNTY OF COLLIER) emm. The foregoing was acf nowl c b y Who is personally known toItme r it, as produed as identification. ;.�' Witness my hand and seal this y , 2008. (notary seal) oo Notary Public My Commission Expires: 0 .sue r—� underlined text is added, stfd^L thF@Ugh text is deleted Page 26 of 31 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: $_ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was Who is personally identification. Witness my hand an(f o (notary seal) � a � ,1 My Commission Expires: #' THE CERTIFICATION HERE REQ INCOME TAX RETURN FOR EA, AFFORDABLE -WORKFORCE UNIT. Monthly Annually Supervisor 1q--R Cc, �aefore me by, or has produced as 11: NotaryPublic Y TAKE T iE Fl OF THE MOST RECENT YEAR'S ,... FILED AND WILL OCCUPY THE underlined text is added, stFU& thteUgh text is deleted Page 27 of 31 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 4.. _', 1. Please state what zoning d�fts.are propose l applicant, if any, on the property and the acreage of each; RPUD-9 92. 2. Has an application forrezi e�ttdrjtio with the affordable, workforce and gap housing Density bonus? } kn i X Yes No °p f C:) If yes, state date of application -04 and if th s',J s been approved, state the f o Ordinance number 05-63. - 7,0 t 3. Gross density of the proposed develo' 10.89 units/acre Gross acreage of the proposed development. 9.92 acres o 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 R_PUD, located > 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& thFeUgh text is deleted Page 28 of 31 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 } Number of Affordabl . r r �r , ab x 61 tei fiat ' urrtl er f �#f�i-d��i� +��Units in' y�opment r.� $ ,, Ow er - Rental Oct; 'W-dd, 621 ensitY'ETo 'Units Owner owo ntaln Occupied 0 .sue N N 0 In accordance with LDC Section 2.06.03.D. — All owner occupied underlined text is added, StFUCL thFaugh text is deleted Page 29 of 31 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 I. 51-60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom _ y� Other T E CIA TOTAL 0 VERY LOW INCOME 50% OR LESS MI Efficiency _ 1 Bedroom _ 2 Bedroom _ 3 Bedroom _ Other _ TOTAL 0 _ underlined text is added, sim^L thFOUgh text is deleted Page 30 of 31 w 7. Please provide a physical description of the affordable -workforce units by type of unit (^nn; 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 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 additional pages as Exhibit "D" if needed. (Coo .,ttaehed) APPENDW D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORD,kBLE WORKFORCE HOUSING UNITS There will be a minimum of K�f r � Woo e Housing Units in the Cirrus Pointe PUD. TheseA&e Wo $ e Housing Units f-b comprised of 4-0 44 three -bedroom Ise) Units. All WorkfoI` ,um >albsold.a ij as owner -occupied multi -family units. Each unit will corW�t with carpet.: te�srs, refrigerator, dishwasher, stove, c� washer/dryer, basic lightin oilrang. fan package, and bth doms will have ceiling exhaust fans. The three -bedroom units will havb a �#- 14 r► rr Co ditioned area of 1526 square feet. Garage ��"'> parking will provide 2 parking stalls for each unit and will also house storage areas for each unit. G'I The entire community will consist of up to 108 multi -family homes and the units that are not � [NJ designated A€ferdable Workforce 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. 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gan housing density bonus for this development. Attach additional pages if needed. underlined text is added, stfuslc-tlFeugh text is deleted NAPLESr557212 v IA Page 31 of 31 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 adop ORDINANCEy 2008-38 AL) y theM Board ty Commissioners on the 22nd day of Jxi08 . ... .r' rig R gu .ar Session. WITNESS my p n t f�cia° e qAof the Board of County Commission', of Collier Cnt: Forida, this 30th day of July, 2008 ,11E 0"- DWIGHT E . BROCK Clerk of Courts aM Cler Ex -of f icio to Bo t-v'Qf County Commission6S � y Qc {+ By: Ann Jennejohn, Deputy Clerk CD X- D+ M* 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 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 4 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. h Dated this 5 day of September, 2020. F�A1fK ELOP N R DOBBIN DEVELOPMENT LLC 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 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, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing KHD Development General Partnership (Applicant) will be held on Monday, July 20, 2020, 5:30 pm at the Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 34104 (attendees are required to wear masks). 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 amend the 9.93+/- acre Cirrus Point RPUD (n.k.a. Camden Landing RPUD) to construct a maximum of 127 multi -family dwelling units and to eliminate the previously approved Affordable Housing Density Bonus Agreement. 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 11 �Illlil11111 -�_ rrrrrrrnurrro.rr�v.�, ■ rq� ■ 5_Project �- !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. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com o 33 a a�«"<aaW Smbam Riau g "ng ss as Ras Rss agb ^� aR� aaa a�ambmso-Bass �sgsWa^s6�a ss�s_s'ss"�" s�M a gm pam-a'°a�sm=�<��a "a eaarmaxS��..o$S�.o mm�mmm......mg�s�mmm »>mm »>m m» m w»»»»»>m=�mm»mom»> »m»"m»»wm»»>m�m»m"»m�m�m»mmm - - - --- ose HE Hi- ---- ------ - -- - --- - -- -- ---- -----zzzzz - -- -- - - -- SS�S88°000°SSH°O�SSS_S: S��SS_go6w �SgB _5 �wwwww S TSB S S� �S� S��:S ��S �w �S S��S SAS Sw�SSS oao oao °aaa° aaa°g°a' �aaadaaaaoaao�aooaa°a°aaa'a01aa10as'°aaad3°aaaoa8a°aa°'aa°a8a°ao°HHO z6 666 ��wa3355��3�3ww��3��5�w��53��355w��53��w�3��m�6666 oS000000000Swwwo.S000000000000000000000000000000S000 ��5��°�-.m��a'a�am�mmm�aammmmmS�m�maa'a��mmmmmmmmmmm�'aS��SS�S�mmmaa�mS�mma�Smmm_�mmmmm�m�mm�a'amm�m�S�mm�� 00 0 000000 00> o0 00 �$s`aom��soaamoeo�rsro°o$am$mo'aRo'oonm�os��esoo�oo�m�m��aoo��m�'a��Rsm��Bmm'oa8m��o�"a ��sBWm?��ormsg�r�ma:mW s8`ass88sss`ssuss«sss8asoasssssss`ss>asssss8asa`ssassssassssssssssssssssoss`sssossa�sssssaassssossossso�`sssss"8s'ss88s 88ssss8ssss88ssss88assMsssss88assssssssssasssssssssssssssBMsssssssssssmsssssssasssss�ssssssssssss;ssssssasss8s ssssssssssssssssssssssssss�ssssmmMss$smsssssmmss�ssss$sssssssssss�sssss�ssssssssss�sMss$ssss$s�sss$�sssss�s�ss """""""""""��"""rs�srr��rrraaanrr�aarrs�eerr��srr��srs��arr��snrr��srr��s�rr�ssnrr�ssnr��rar��rrr�sarr a a _ s o s�5 ss W° "dnoga ssp a xx gases 1� mma 11"q �4§ YR4" R'Y RRRdC LLiRR�";op>LL4 �P,RR 4 R44R°V4�m=44�sopyR;�"gLL�gi,R�'R'g NNRN44R do �dAA¢ rvd Abry `u'LLi �'d- fq'n mom """ msm _o��H$$_ _ss`� p �9"aLL mm��Jmmsmm LLLLop- �p=w��w="wwww �__ ��WJwm I ��wqw�w aw�-m�� ww -----z -x w'°w�ow �uw:p��_m p=_- �w«�==�m��=a >z=a�- �=� 88 a co g� as - a t s w #g p� a p3 pp ss--aw=g�aix�a'�3rcy3�arc w8oa o0w5< `Q�arcS $rcaS„� zz rc�"= > a ti- 'xp° `�33y�"ziowm Q o�o a��wa mw- 3__pax=_�o W-�"gQpg� m$_`'p��LL� 3�S aazo°ado p3�ya _3_�_zz o��$aa_z pm FamwaozNS3 ax8_3op____a ycaamgo_ '�ea z8po" = m mER _p88me gss� a. Iz K og g = o w3mI €m oZ. �r iwS ww-w =—z Q -c o ?oN o €� "�w�wp �}i - m�"<w i z>0 zo o�F = �o_ J��&&'o � aH.o8�GGC „w:w0 �� W g� SmLL�°��ao�r��pa �a<masSw�xy$..... ��ao.opw ....sommm..mm.«mms.O....0°oo000S� w� y� 8 f� e��m�d - °w LLsm�`e g�amB��ao° �Bas�m 2 game-�aa ma �LLasm%„woad«w �S&gm°°�tt3aga3x�"&�eLLm�xa�m m� »mmmmmmmn@�mZmm»mmm»»»>_mmWazz Z— »m 2m°°mz » - - -- - ------ ---- - s - - --------- J ---- - -- -- - -- - - - - -- ___________z EaSa�ESamSEaSa000sm�mSmSSSS°SzSSSSmSmmmEmF"<aaaSa=SmaE�z-°SSm,EEESSE S= __-- S088 g88, 08 =8= _ �S _ _ g8�_ Sg8'g3 ,S SSS`g`g8 88888`g«So �88 88� ga »doonao on<aooan� °aaaavaa' 'd'aaaaoa8aaaa'a' �aoaaaa°a'a° �o�moaoamo�o�mzamo�o�o�o�o�o�o�oao�momazamo�o�zamzam^z omao�mzym�ammmmma�ama ammm�6ii6 ua3maaaaammFmmmmmahmoamioauhmo�am° 6oa gmgmamazam°o�om°o�o�°odazamam°o�°w°amo°dzoaZoa°�o�6 000iogummgggo °000Y ��mm �a^$mad$x�$s�ra�om�rs�c�mosg=mrm�"amo`ae$o$WS��Mse"a�soo=o�000��m$a��$emomae��$�mm��o��"soe�=g�aaasao$Wom�m��moo��a ``s"seo=-oae^ss-oes«sosse"a-as`sa"saesesassges-aesaa-"sssoaaa-smaasoo`sasa'ssooss$'aeseseessasase«ae`seass"so�se-oa'soesoaaaas 'sae�a's'sassess`sass"saeaee`s a�ReaaaaaSa$8$aeSs�ss$$`�ssasaa-��'s;seasaasasaaasseaaaasas�ss$eaass�saasssessase'sssseesa�seaa sama$ssassessssees�ases$amme$aase$$msa$e$ass$$ease$aamaeseMMs$$aMee$easmeMMass$ssseses�saes$sesessseaessssessamse$a rrr�s�rrr��rr��rrr��rrm��rr��s�rr�sarrr�ssrr��sarr��ara�ssrra��arra�aarr�sarra��rr��ra��rnae�rrr��rrr��r a$ q > qY� o0o m yq x SS a^-'�$ $$ 'a ^ ". �a�g 7 - R'gi R��$$R`YRRRR° Y FsRwR"""°'RRa �RR�'R� �gRH�"RR`�fR `gi RR R "R`a"�`�YR„'�R �"RRRRR`giRRR%%% iP HI? :4« ��««a N�s�aNN««a�NN�� "�sza` m gg3mgg3o<rJz�-ao°�rc��zzzzzz-o^omzLLz 8m�w3 oe=Ew�z�azwmw�m�oLLzz_wEoz��zzzzz<zzmx�z�.w�zzzzz«zzzzzzz<zz< flm,r£r zz<m�z=E�zN�zmzmzmgJgi""mm mm s m�mEs so=osw m3�3<3J�"J�mzmzmz"z"z w�z�wm°I wNdmzp�E�E z aoo-z«aaoz9zzxxzm o o °° z z � _ a a rcz.z. 5 - lo - ° � ran °m_3m ay � m S. wxxxx 3 i� �p o wg wow w owao �0 5 m z8w. 3g rco wssaEssi� rc rc 33F$o> u� mw�oowna�non 4zn z x yrm o�3rcrcxano �YOa wyyxaawow Dona �uw gs>o __ Z. _ � N o 3§m° w3 Jos" _xs�N o a � w >=< w°sa w - -- �'�� - °°=�=DLL cgs 'a� as °s'a� _ - a°� �ka3 `3mnn °° �» >°a- oo w�oow ��wa< w <$« <gg<a�O 'wa wk<�S wx5$8°xz:�wi=�aw'aa ��mxx�wwmm-oYr�- sm a� ==�o �ii%�x _ °�o a-w�Ny:zoo<'m��s ��=H a===mmpom oo�=gym E waW so a"sas`a m�"sm ^o�sM 'sm w"$�"s�rtm mammno�maMe �� m�� ^saa= ��asa�'=owa"aamz- Ira=_m" m��m ^„ "8m_8�.".� .wp3..88.xd_8_..a» .�=8___88°�aa3. m m _m 0. e�o mmwooFozwE_mo�waSgo�o :x�;x�, xyz4�4< g==omooyx�wx>�"oamz°��>01 �ozw22 wwRawjQQ d O -E >S�°~ z - ��xzzm�°y w"wowa_�.A .ia ez wgw¢w�Fwmzmn poww gkm °��zo 0p�U <.'w2--wz;�wzJ°x00w$��sy..0�oz �Gowomz °towo w��8aSS� yI�_ "zz 000 xr�:Fo » �°°°°ox�wwwyog-� mM. xxxx=x�aoo°wwwwwwwwLL3 =m ss - -- -- - - -- --- ---- --- -- - -- -- - --- -- - - ------ - - ------------------ - x - o o �o a^r4 �o o m8 "ss 8o=g "dn8"•'�"'&'^ vs _o^aS8 w rg w 8 x �5x �a Fda amm ....w `ads m8 m�dm assLLximmrysa� mtLL t� �F«� `aeLLwE„x ��LL�arys �a .............mmm.»mm�mm»m»mmm»>m»n�mm�m»»»mmm mmmmm�mmmmmm»>a «a m n� __ __ _ _ __ ___ ____ ___ __ _ __ __ _ ___ __ _ _ ______ _ a _ ___ _ 10 So zJQ$ oSSSBooSS8800SS8;aS��SEESwswws°«S«m°EES�SSSSS°ESmJEEEE�SEEEEE�wwwm„mcmas�1aa wS��88wwo 88wSw88wwgwwwSSSwwwwggwwwo�08383880000003 �SSwSSwwgwwgwgwwwo:wggwgwwawwwSwrrSSSSSw888SSS�ww Hr50008'.gw a�aa°Oaagy °a°a°°aa°ada8 °aoaa�°dada �aa°�a°°aa°aa°a°aaaaad'a°°a°aaaaaa�a' oao Dada' yga �:N s Ss oSS S SS s sBE��RSs 000ffiffi000000000—;;0Os$°S�°$$$��$°$g00000��00000o3$�9w°��-10. m�mm��mmm<��m�m��mm�mmm��mmmm��mmm�mm��m��mm�mmamammmmmam��m�mmmmmm�ma<��m��mmma ammmm�<mm =oHU2ESEH a"eo`FaHR$ M9$^s"a=aaHEM MRaaUSMa 9Hes"sam"xaaFoxng919§ M9MUA S.e§1-�2g' HxaMa MR9 ma0000g�Hoo ss�ss'ss��ssss�ssssssssssassssssss's��$s�sssss�sssss�ssss�sssssassss��ssssmsssssassssssssss$��000esass a s��ss��M�ss�s�ssa�s��ssss��s�ss��aaammMaaammaaaamMm��sssss��ss�sss�s�a��e�ss�ss��s�m�sasss�s�ssss�a�mseMMMMseM� rrr��rra��Nx�x��xx�xxxrrrxssxr�xxxar��aarr�aaar��amxx��xrrxxa^xrx�sxxrxxaxrrxasxxxxxrx��rr�x�Nrr��xxx��aa�a�aax s a a sm Y $=asp N ��§i �q sgagqqqaaqqqavaqqq a �s asps $ Haa as a a a Y� �4 "gN� aRR4RNRR4R�=R4 "4-�Y R mm mmm mmm =oRR"4 «m"4RoY4R _444�R" R�q"4m4aR44R-R44Rs'�" R""i�LL4Y� v".L$d NSA LLLLA�rvrvN .� N nBr,NaNNN�maA °aaddmdaaa LL3z mm -_ mxaxa�x m mmm mm mm mmmmmmmmmm' d3LL _ H��3333-33w -LL�u3w-3-333w-LLo3w-3-33i wo _ .4w _yy J g 2w8= f- fzzzz>zzzza_= HxpYu'g�w_ LL _ w=<�g—��s__- _gMffiffli=a=x�ow zalla 5�w�aa$ s `.MHs o�sw�� - 5 w "- a 5 - ws d. a R Sw°� <o wS a s" - - -........wwww=�www ms s » a� ° w� 'Fad � s w �x °° °°°° ��w==w ww �= w wP ° � w -- � ao a'z> w 2 a�H ��o « «aa��og�a �=a� apace �$aoo az; �LL55 p wNo �aa�sa i�; _aw os-�ew z-�ewz zka- u�o _ u�p o��Ow��p _ u�ri�°_ - o33rcrcew, _ ��'rcowww,n>rcm -xsyo>xzp _aaw °Fzmxx xyy°cwi°v°iyy°V�yvu.�cwi cwiyo iw m3> _ wwo�rc °000°N oo - ° ww az�azx� x q1. 2<» a"�» "oN=w wok=-io„H=°°wzwwwwwwwwwwwwwww wy °<o« y� gzo=w p<== a 3mm oo �a �a kkko� o mS81 e�€oho s�tm�o;w � LL ww °- &� �� a��° osw-N;iwwo <�y <�o <` m�.o o o =mmm w &°mho ~}wag�mwNN 'a'a pEoo Dos R M� vats"saz"sa�axwaa�w,°^$m` �:33's = sae $ W �5 w a oo F '�� o o'o'o o��.a �r a. aN -mow a awrc °x°opgyz rco w p �1a b a sss s s € wp� 3s �� - =pN; FMHH,s --s� �o sg - p� a - as"a "aaaaaaa aaaa�o�apN;° J �m8= - ,sw - m _ - yz arcrc°�W>"-o� S°zw w w aEw„ - - ag' ��_- -- ww'��w° a5�',�w'a<p=wo��', I - Hwrc_ �hircy5gww�o �ww? m�= - a'a'a -O3�>�f„"-aa>o hywowwo�wwaaaaa °�w "_= m�'J-¢_¢>�3m °�w&ono°FF w�� --�q - yx�NFw��ha�ow_-s�wwwwo<s.��=waaaaww<o F;Sow MzZ owozQ°wwiSmaa aa�a aaaaaaa�aaaaaaaaaaaaaaaaaa Qa "a ��wwWN000 » »>w� ww w3w °z"rcrcrcaaEErc» »w u"'i�sFwwwwswgu ss...w — 9ll33333:............E ................................E:.H..: � ��z�zzzzzzzz00000aaaaaaaaaaaaaaaa �a �m ao - - -- --------- -- -- ----- --- -- - -- ---- - - -- --- -- ----- ---- - - ------ �o sa a= a poi moo o��a gd-� ado fay 888ax�^�b�-.xm� �at��5asa °§ sum^ �53� �mmmmm..»m»m»»»>mmmmm»m».�_°o 99E, S- » m°��»mmm»»�zmm5nm»mm»>eo »mm»»>m»» m�mm»»» 1. - - -- --------- -- -- -----E2.91.9 ---H29 zz� =a�== ---- 9HE - 9. 99E� 4- --- -- ----- ----- -1. ------ ots SSE oo a„w - - - ----- - - ----- - - Aa5S�S�$a'0080808088 �'aa8°`ga�a8°a�a`ga`gd�aaaS° S0S0S0S°0a`ga-S°�a- aS o�a2 8 a�aoQ�aa�o'go��`ga�`g�3S�S�5oaoa�o�a5S8�S� 8°`ga��a�wa5wa3�`ga�SO�S°�a�oi8�`ga�o�S°�S8��a`ga�`ga�"°» oHo°»'°d�a3-:�SaG<a�a�o�a5<a3Sa�<a� M.Z -° ��m '00 8' '°x�8 lz666= 3z3 8�-aa-�aH$$8$oR HHwa�Hwo�H �$$wo$$TSmmmmommmm«aTTQzZ$$Q$mT$S$m$$$Q�$$�$..... $ $8iwa5 wa OTC xsmsaaasma�aaw�o�s�rrs��'so„s0000�e"ao�n�e000�moa��oom« �eea8aom�maosao��m�e00000�a�me�m��s^amao��me�g�� sa`s`s`s`sssssas-s�s0000"sss-sssosss�asssssoosoa"'s sass=s-assossssssss��oosR"s"ssososssss��oo-sssssoss'ssssosss--sssss sss��sssssssssssss`sssssssssss`ssssssssm>;�sssssssss�^asses`sssssssssssss^sssssasssssssosossss`ssssssssssss;ssss`s�sssss ss$�esssssxxs�ssssssssssxsssss$ssssms�eeex$ssss�ssMOMssMsssMmsssssssssmssssMsssss$ssssssssssa$ssssassss�$ssssx$ssss rrsass""��emxx��^�rr��^nrr�^Nrr��^sa�aaaasssss�ssssaassa�nsaassrr�ssssax�xrrrssarsss��s��ssrrxxssxrxxxrax�sxrxxxasx U z o o 4"gos iSSSS _ » 7dd rya a m ma �psss <�� q ^�,d�ss .2 �78�gox°xx �aeOwggoegNmq�gdqq�«rcaq��9RR 4�4�ggau ��a�a,'�R,�q«��ecgggR.n«aq`gi,8�'4'PLL�m�}Q�Rq_«_aye �'ap�gggqRNqR��qryqm6Nq��m«qis m$u Ax AAA'x mmm mm °-9999999_ ��xfmmmmmm'm mmmmmmm� 'mf mm m^ � - �w- aFFgwE��ww�www°www °� w�w wSSE - __ ^g wowwwww�ww0 _oJwwwwwwwwwi www<ww 88 °ago= =wa========ap===== °z N 3>F >a° o h zw 2 = o € °3 �� 3 8 - S o `29 6R Asa s a s w $ t $ e a y 8 �SBz 88 ar v& 6' _ 8m 8 864 8a a-�zz5�< wpRo w w warcrc Vpuu gg$ wwrc33333o ww 88aaozw—w� owa�aa =a &_ urc oz� aao rc kaa ooi a G auuzrczz a�°aa srcarcas wp<�a�p= °��=sk;� s --aw.�¢° "�� -- °�� -go° _ ° J ww wwp8<- 3°Bw - - -ogx�$ pia m`�'�w$a a5E wk� �z- __ irk_ - wi5a a __ - i�dw �x - <�<�kko <�= o$o - o�o$o -Epgo <gs$mm=$$ _�° m�se� N wyaso��w<o$$$m�w=so�wao<omms=xx mawmmm�moo=�ymp ry °°m w 83_ >- m o w 30 s gs°�� 6r xa$ :a$w_e a$"a3�waw_p88E=8 "a�<R <�m�"am =$$"a'a�-P�oa so "aeanm �sa3 3 as as"s w 3�am�aaa=$aa _e"3�8$ $�W JyN=5 zxw 5> $� ° '3 ��arv�l mm �a Wa s $ w w -LL w� >aw„ _ _� w J. °°°°° 's =_° �Joby xrcw a. �rcrc �g �i -Z 9 =�:: °z $m >z a ° ^+ a=5�'�wwu8wq ¢rcrc<$w t'"=$S�waaos i33>n wiz -a d� a0wiiiig-°y„six o3°0yam'�°siomwax Umw'-�55555 ads° ak�iwo'a�=-< -w � w � y� �;°off= � w *��-z3 <w �a °w » =x�w=�w <� y w�,° - £_��m �o:��aaw � owo s9w � �$ _ - '�. o.- sew --a °o "' °�°°o°°°-swk<�=�o 8w- °wwwLL��y- w _�aw Hs�� zsLLos o --- - =�w y 000=osg°oy000 ]§|(§(§§((||§)(§(§§\)(§)§(( !;,!!!!l;;;;l;;l;§i,l;,§;;; ............ ........1�=!.! oeva»xmeu&&er |(\\[[()))$§!))4 )o. . i§!!!| ) |_. ___!:_w�!! !!|!:`|1,,,,;,,!, .: ;•.,;§!,i=!! „ _l.,,� !;!!lz;zl ,(;; ; $\ \..M is §§ ,_.. | ;]\)!! •....:.§lli.�! !,;!lW .1.1 .11..:>':!` 1144;;!!!!l:§!!!!;!!}#�! �8��!lrrrr!!t§i`|!;!!!!!\ !!)!99 ;;;;;,,,!§,,,,,;,,, 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, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing KHD Development General Partnership (Applicant) will be held on Monday, July 20, 2020, 5:30 pm at the Salvation Army Church Chapel, 3170 Estey Ave., Naples, FL 34104 (attendees are required to wear masks). 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 amend the 9.93+/- acre Cirrus Point RPUD (n.k.a. Camden Landing RPUD) to construct a maximum of 127 multi -family dwelling units and to eliminate the previously approved Affordable Housing Density Bonus Agreement. 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. 14 — IF IN 'W i r. i — . � Thnrnas�v�i �� - f T�ilgAa�sioia_� k, — 'LLLL SUBJECT PROPERTY { I.=1 f 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@ gradyminor.com, phone 239-947-1144, fax 239-947-0375. Project information is posted online at www.gradyminor.com/planning. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. ND-GC10446263-01 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. 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 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 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: EMAIL: , f 4ce�'I a} / X/e_ � �'f��,�L <�' i1dD, C ADDRESS: PHONE: /��z �4,x1' � vP PHONE: NAME: S f� v� 5�r t' EMAIL:2.ae , 1^�S�.jv Cov►1CQ5'�• Re i ADDRESS: �s��PHONE: NAME: EMAIL: , ADDRESS: � 3J I �� 4�� PHONE: - NAME: 1\ \ ,._ i rl A - EMAIL: ADDRESS: /-' V A PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 07-20-2020 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 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 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: � EMAIL: ue:r'5:Q Jk4e r co ADDRESS: _nekk rr PHONE: NAME: ADDRESS: r EMAIL: PHONE: 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 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 ADDRESS: PHONE: NAME: Donna McGinnis President and CEO of EMAIL: dmcginnis@naplesgarden.org Botanical Gardens 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 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 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 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 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 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 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 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 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 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. [End of Audio] Duration: 20 minutes Page 9 of 9 V E Q Q • EL "V co �o M � M O V O �O NO iCYI*�� E J c 0 E 0 0 0 L 0 a� Z 0 N O N O N 2ja aiogsAes .d*WAO CL J Q) O Q) Q i Q) I Q� E 0 CL L a rLn V i L' O 4— V) O 06 O O E O U I C L a N N W t c 0 t i U cz- Q) Q) LU O Q C) m I L C W LU Ile m N A J J N E O L w U O W I _O 0 W CL 05 L L C L ia.i U L E i N r � LJ I, ? r �Iwo co om ^" dlr Q / W BAYSHORE DRIVE ij-� kn P. � rJ ' Z fob m lorr 1311 4. �. • -4I 0 66 R f Q) rn� -� -+= U � -- L Q m C) Q) Q) x C: Q) Q) � E Q 0- O 0 C) C) Q) 0 0 = JQ O O H 0 = L V } 0 H W A .E AlJ Q CL J Q) a E V .E N 0 Q 0 L U C) M Ol 102 C3)_0 N Q >1 Fes- -> E c O � Q_ N -i- v� U U- O V) O >1� E O ,_ O Q) X _ x >. Q Q U N O - -� QQ) Q) Q E OU N O O -+' �— N U � vs Q) O` o E Q) O W 0 `3 �Ln C Q V _ QX O E C) 0 Q)Q� -F— N N N p + O _O Qom V) O Q) 0 L Qcl:�-Q Q_w 0 Q-0 U Q N to C11 4 V) O O C C Q) N O * Q)O N U Q)>O O N .N N Q Q O D O j N C * V C L Q)O QN N C -- O "' O 0 N L L O O �* N7C) QOC V) N L v/ N a) 0 .� > op �- O00 cn .IQ �~ - Q) o Q c ,N N N � Q 4 cn p 8 � Q O -D U p C Q) Q) V 4L>o CY y E 17-i :D Q)00V .— Q o75 Q ; C °'� �C:�� _ _� n` V 8 3 : 3 W dF Q) # � p M y p o Q Z EEQ) O O C) N N o CL O D O y a CL L -C Q Q3 a) C Q L m mr C N N L N O 0 4- O C Q) 0 O L Q) O N Q C 0 U Q n E Q N N O EN O ,O 4- O � � � � Q 07 •E O I -IN N O N O O O N 6� O n N > � N Ln � - O Q Ln O O � n ,� � O O Q N Q Q O i ry O cn �� O Q N lJ -0 • — 0 = E 0 'O C a Q 0 CDN O � i O Q N O _O O vi CD O OO u O U O U N - H U o� j2> O �oo o� U 0 -0•� � — � � O O N •� ,� N Ln N N <" O Q U 0 N N O H � •0 C)7 Q- N •� �C)7 E °� cU7 (1) D >•U o� a� U� O i o33QOU o3� CL 0 0 ❑ Ln coo O CV z N � �E oo c� 00 Qz O CL CL z zw ao K� -------- - -- rr I I IL �� I I 'j, Ix � � I I I M I10 I z` I ' � , I a J — — < Ili f 1 I h► � I (S319VA A4U)3AIW 380HSAVS DNINO -3 gdoiA 6 E `�I 's r � Nvl W 6 p Fh f i W pia` w0 gebFe o c Z z a6 w w� O r z z l� p z 6w< 7 qG 9 Z z ag- cab zz QG - Is z a it w o i a l"Ii<.1-M, it w�� N1, 1W� N . 4 it I Q gp g" adgg o,e Zw . w0Fog 1 1 Lias rc •� N� :2 6N8 If] gf 1 o I W F i iz o H yyo% � 6V LLl a C _ { �b 1 c w 1 a g �3�n5 ��9g}(� s lu.� � F ��■s; I U Lei N N Q 0 i ZONED: RMF-8 g RESIDENTIAL I I AVALON ESTATE UNIT NO. 1 i (PLAT BOOK 3. PAGE 62) Wo F vyi w � i3'PflOET1� `8'"GWbSC - B-1{F � UwW O QUe 4 O 22 yW� Q� O Q O 1 a g o10 pm O to 30 Ln =w o � b m Z im ~ _Z W N U -a ] F Y. ((( > Y N s a 08 w Oj� a mW V0 E i z o N Ya `�•; i � w wLU JF m aw_ W, a � °d Y � � 8 o •.• I � � o m D - C 5 m 2,6 a � LU $ " m � U a Q• J �WM g Z a �- Lu of L w . •.4•. •. •.•. •. •. •. •. •.•.• o _ 20' WIDE TYPE 'D. LlWDSCAPE BUFFER U H o 3 W > W to LU ° o 2< a o a 'r Z (700'RIGNT OF WAVI m w J N r- �61 rs r L 4) WPM CL W V c O �iJ r- 4� T Q) X �U }U � m O U O a� 'Ln L, o 'E U F- O)o U o � > 0 O oU 4— O 4) -0 Q -- O O " O Q m O � O 4-U Ln nU �U O .Ln ,Z7i M.In E 0 0 =U Meridian Village GMPA PL20190001387 and Camden Landing PUDA PL20190001364 November 3, 2020 Bayshore CRA Advisory Board Meeting Summary The Bayshore CRA Advisory Board met on the evening of November 3, 2020. Representatives for the Camden Landing RPUD/Meridian Landing GMPA made a short PowerPoint presentation regarding the proposed applications, including a discussion of the proposed density, use of bonus density units, building architecture, building height and proposed landscaping for the project. The applicant made it clear that the intent is to develop for -sale market rate condominium units. 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 • Nvwvv.gradyminor.com CL V E V) LIE ►, oft — co M O O O OI* O N J pas 'O v I 70 Q A 4) O V) m O N O N �a aao�s�CeB -ao CL J Q) O Q) Q i Q) I Q� E 0 CL L a rLn V i L' O 4— V) O 06 O O E O U I C L a N N W t c 0 t i U cz- Q) Q) LU O Q C) m I L C W LU Ile m N A J J N E O L w U O W I _O 0 W CL 05 L L C L ia.i U L E i N r � LJ I, ? r �Iwo co om ^" dlr Q / W BAYSHORE DRIVE ij-� kn P. � rJ ' Z fob m lorr 1311 4. �. • -4I 0 66 R f Q) rn� -� -+= U � -- L Q m C) Q) Q) x C: Q) Q) � E Q 0- O 0 C) C) Q) 0 0 = JQ O O H 0 = L V } 0 H W A .E AlJ Q CL J Q) a E V .E N 0 Q 0 L U C) M Ol 102 C3)_0 N Q >1 Fes- -> E c O � Q_ N -i- v� U U- O V) O >1� E O ,_ O Q) X _ x >. Q Q U N O - -� QQ) Q) Q E OU N O O -+' �— N U � vs Q) O` o E Q) O W 0 `3 �Ln C Q V _ QX O E C) 0 Q)Q� -F— N N N p + O _O Qom V) O Q) 0 L Qcl:�-Q Q_w 0 Q-0 U Q N to C11 4 V) O O C C Q) N O * Q)O N U Q)>O O N .N N Q Q O D O j N C * V C L Q)O QN N C -- O "' O 0 N L L O O �* N7C) QOC V) N L v/ N a) 0 .� > op �- O00 cn .IQ �~ - Q) o Q c ,N N N � Q 4 cn p 8 � Q O -D U p C Q) Q) V 4L>o CY y E 17-i :D Q)00V .— Q o75 Q ; C °'� �C:�� _ _� n` V 8 3 : 3 W dF Q) # � p M y p o Q Z EEQ) O O C) N N o CL O D O y a CL L -C Q Q3 a) C Q L m mr C N N L N O 0 4- O C Q) 0 O L Q) O N Q C 0 U Q n E Q N N O EN O ,O 4- O � � � � Q 07 •E O I -IN N O N O O O N 6� O n N > � N Ln � - O Q Ln O O � n ,� � O O Q N Q Q O i ry O cn �� O Q N lJ -0 • — 0 = E 0 'O C a Q 0 CDN O � i O Q N O _O O vi CD O OO u O U O U N - H U o� j2> O �oo o� U 0 -0•� � — � � O O N •� ,� N Ln N N <" O Q U 0 N N O H � •0 C)7 Q- N •� �C)7 E °� cU7 (1) D >•U o� a� U� O i o33QOU o3� CL 0 0 ❑ Ln coo O CV z N � �E oo c� 00 Qz O CL CL z zw ao K� -------- - -- rr I I IL �� I I 'j, Ix � � I I I M I10 I z` I ' � , I a J — — < Ili f 1 I h► � I (S319VA A4U)3AIW 380HSAVS DNINO -3 gdoiA 6 E `�I 's r � Nvl W 6 p Fh f i W pia` w0 gebFe o c Z z a6 w w� O r z z l� p z 6w< 7 qG 9 Z z ag- cab zz QG - Is z a it w o i a l"Ii<.1-M, it w�� N1, 1W� N . 4 it I Q gp g" adgg o,e Zw . w0Fog 1 1 Lias rc •� N� :2 6N8 If] gf 1 o I W F i iz o H yyo% � 6V LLl a C _ { �b 1 c w 1 a g �3�n5 ��9g}(� s lu.� � F ��■s; I U aaaaa +I+I+I IDVNP N H X WZ N W 0 Q Z w LU _ a Ll o LU w s L) Q a a 2 w > z z w of x F Z w p ~ z 0 U LOU, co W W 7 Q J CL Q a a N N a w LULU W UW E N N(1) W W LU m w U.. apwi rn UU Q� a� uimnU - Z as +I +I LU � Q 0 (D z3 O `�� Uwa' Ha" �_ O c� gm acwi aaW ••�L� W i W Q W a 9 mi am Hoc w d a-1 z 3 �o wgg ri zN W W0p W y�i�Foo ❑ LLl�� U» awl Z O yZ as 5 �aIL wa j �w� wWa Ewa a aO W W >> 0 of d WO a. m OF ZONED: RMF-6 p RESIDENTIAL II 1 AVALESTATE UNIT 1 UT 62) w (PLAT 3, PAGE 82) fZi� Fk n U 15WIDETV `S-E44 )__- -- � 'z 11 j <u m a Ewa t w30 S A° °m 3°rc ° g ° � rca U$ w 0 \ �a w ¢ O� 0 w w lox: W C7 a w H 7- 8 CO ° a o_' ' � m = � z H W W� W g . I 1n u m na w O b .......... ° gi 32 •:•:•:•::•:•.•.�..........so Z, > ZOWIDE TYPE LANDSCAPE BUFF ERA S HO 3 W $ W p) OaCL s � a o � � z== BAYSHORE DRIVE Om W ❑ N (100'RIGHT OF WAY) O li J b N r- M AE A O Q N U 0- 0 i L - L N p O O U U L U ) _O O L N U U O O O O � - _ U � L N '- '- '- '- O N -�- � L O Q) N 0 O Q) Lo CO � � O Lu �l F� lk Ul w c 0 a as u c n 0 0 0 0 0 41 0 Ap cD U T P (/i Q) 0 0) N Q) O Q) 0 L Q 0 Q Q Q) O O O O O; 01 m p m 5-3 O� UOL I U U U m Q) 2 U C) 0 A O 00 U U Q) O Q) O o• O z CN O Q) V) O Q O -Q -A- C X L� Q) � � O OL � O � O O � N QO v � � Q U p a o .O Q h � N Q � Q) ad 2 O � �o O VN CN as N U N V o u oll W W LL LL Q Q U m 4—j O L ca un Ln � t1A 4-) �p a) 0 E E O 73 }' 4J v Q +-+ U O Q N N C6 ate-J v Q a--+ O 4A aJ Q z ro j aJ -0 4 O N U O aA+un aJ Q CL N _0 U Oro N Q cn t]A z- v O N .X 7 4A 0-NO V N LU O Q N 0 0 U O }' =N� �i 00E o E om E;.� M~ o� a_+ N O O � ateJ O O fr6 : u v 0 4-J O � -a N OU O -0 O -0 -0 O ate+ `� ate-+ O 4- 4-J i N 0 aJ 4-1 U to aJ >. a_+ +., (n N Ul N U 4J 'p Ln m cr i cr C bm cr O D- i c- aJ o aJ aJ a aJ v ° E oc 4 = -0 " = oc Ln ._ L _ Q) a > ., O 4-0 — a) N U L _ i O v o N � � L r) 4-J Q0 M }' Ln cn 11A 4-J i U U 'i _0 M +-i In Ln N S a-J S to N (/ Z I Al fV i 1.0 N C Q) O X N N 'c— u Ln O L L D Q O > > 0 v � Q 0 � L �C C) ro 5 U 0- CL m m N a--+ C Q) E L c� El v a, i ° V) c - C) avo Q)a�'va ao Na4' `vsv °ems v svo sv�v��o a `tip — `ti O ••O = O � a O O v� � O QJ vo�oo,a� a � �oaa°off'. U 0j v a o o a S v a- v v v s N v 0z s U �- s v Qj soc ssa,a,°�'�o •� o i .�vss Qj v o� to Qj Qj an i � O CC 'ZZ v �ZZ = is va v Q U � o kn �I O , a, N m � v Ln U C� V) n0 W V) O Q O L 66 hL/) Ld1..J W n� W C— rylo .� co U Q) Q) U L- M Q U 4--j Q •> 0 4-O O4- Q) � qA in u�! 4-j N N c% M O N t% v _ — Lr) O • — tm cn � M .. I.f) "" Q U U 2 O a_ O X (a o In CA co u 'E E •M v / Q UT U 0 � CD - x AN IM I V- ml mw/= MW , 04 tL VI y4— t IP 111. or' M, —_ ■■ f1 s� ■e I■ � ■■ is ■■ ■ �v 2 a a U Q Ln \ s �v v N Ln Ln v O Ln I'll ■A� s..m s� r =MOM jL h F- - I V O N NN Cl!V 00 co co N V V N — I^ a V N N N G�j UWU Q I•' �M � P1 � I'7 W �■. > oc —a, Ln1 viwi N O N O N I, I .. ^ �; en ch 0 m CO m Vz Jd c, ed vse'zsa od zos, ao 30 8 3n ooL IsIawl!IL,lei I & W,0-YAk �.-� 111111 t�.1 ■ ■ I �I vc.Nd vo••vvoc, a:,00-: vocvoc �coocop=oe�oocc=co :o�opoc covcaroai0000nc ��.ov u a W