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Agenda 09/28/2021 Item #17B (Ordinance - PL2021000093)    Proposed Agenda Changes Board of County Commissioners Meeting September 28, 2021 Continue Item 17C to the October 12, 2021 BCC Meeting: A Resolution of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan amendments for increased residential density; amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to use Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, to increase density on Receiving Lands located along Immokalee Road, increase density on Receiving Lands for affordable housing, add Transfer of Development Rights Credits, add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement Overlay; and furthermore directing transmittal of the amendments to the Florida Department of Economic Opportunity. [PL20200002234] (District 1, District 3, District 5) (Staff’s Request) Continue Item 16F7 to the October 12, 2021 BCC Meeting: Recommendation to approve and authorize the Chairman to sign the Extension and Amendment of the Agreement with The Partnership for Collier’s Future Economy, Inc. (“Partnership”) in continued support of the established public-private partnership designed to advance the County’s economic development efforts. (All Districts) (Commissioner Taylor’s Request) Move Item 16B1 to Item 11D: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRA), approve a resolution renaming the Bayshore Gateway Triangle Site Improvement Grant Program to Single Family Improvement Grant Program and updating eligible activities and process; and placing the remaining residential grant programs in the Bayshore Gateway Triangle Community Redevelopment Area on hold until further notice. (District 4) (Commissioner Solis’ Request) Move Item 17B to Item 9C: 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 Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established 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 a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Soluna RPUD, to allow construction of up to 108 dwelling units on property located southwest of the intersection of Tree Farm Road and Massey Street, in Section 35, Township 48 South, Range 26 East, consisting of 18.5± acres; and by providing an effective date. [PL20210000093] (District 5) (Staff’s Request) Note:     Time Certain Items: 10/4/2021 12:58 PM 09/28/2021 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 Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established 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 a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Soluna RPUD, to allow construction of up to 108 dwelling units on property located southwest of the intersection of Tree Farm Road and Massey Street, in Section 35, Township 48 South, Range 26 East, consisting of 18.5f acres; and by providing an effective date. [PL20210000093] OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition, render a decision regarding this rezoning 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 is located southwest of the intersection of Tree Farm Road and Massey Street on, in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 18.5+/- acres. The petitioner is requesting that the Board of County Commissioners (BCC) consider an application to rezone property from a Rural Agriculture (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Soluna RPUD, to allow construction of up to [approximately] 108 dwelling units. The subject property is comprised of one parcel owned by Sun Broadcasting, Inc. This petition seeks to rezone the property to RPUD to allow for the development of up to [approximately] 108 dwelling units at 6.0 (DU/AC) for a project to be known as Soluna RPUD. FISCAL IMPACT: The PUD Rezone (PUDZ) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The 18.5-acre subject site is Urban Designation, Urban Mixed -Use District, Urban Residential Subdistrict on Future Land Use Map of the Growth Management Plan (GMP). The applicant is proposing [approximately] 108 DUs (all townhomes) with a density rate of approximately 6 DU/A. They wish to utilize Residential Infill; including purchasing a total of 11 TDRs from a sending area to increase the density to 6 DU/A. The density would be calculated as follows: Packet Pg. 1735 09/28/2021 4 DU/A base (4DUs x 18.5 = 74 DUs) CCPC recommended a maximum of [approximately] 108 DUs =108-74 = 34 additional units are requested with residential infill density bonus +3 DU/A residential infill used for 34 units = 11.3 + 11.3 + 11.3 = 33.9 rounded would be 34; 22.6 DUs (rounded would be 23 DUs) would be density bonus and 11.3 DUs (rounded to 11 DUs) would need to be purchased and transferred from sending lands. The applicant is requesting a total of [approximately] 108 DUs, which is well under the maximum of 130 DUs at a density rate of 108/18.5 = 5.838 DUs/A. rounded to 6 DU/A total units per acre Staff has found this project consistent with the Future Land Use Element of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's February 23, 2021 and the April 8, 2021 supplemental update Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 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's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed 130 residential dwelling unit development will generate a projected total of +/- 75 PM peak hour, 2-way trips on the adjacent roadway segments of Collier Boulevard and The trips generated by this development will occur on the following adjacent roadway network links using the current 2020 AUIR: Roadway/Link # Link 2020 Current Peak Hour Projected 2020 AUIR Peak Direction P.M Peak Remaining LOS Volume/Peak Hour/Peak Capacity Packet Pg. 1736 09/28/2021 Direction Direction Project Traffic (1) Collier Boulevard/30.1 Immokalee Road D 3,000/North 30/NB 603 to Vanderbilt Beach Road Immokalee Road/44.0 Collier Boulevard D 3,300/East 3/EB 95 (2) to Wilson ' Source for P.M. Peak Hour/Peak Direction Project Traffic is February 23, 2021; Traffic Impact Statement provided by the petitioner. 2 Projected deficiencies for segments 44.0 are due to projected background traffic from trip bank not caused by this development. Staff notes the section of Immokalee Road noted above will benefit from the extension of Vanderbilt Beach Road that should improve capacity on the noted projected trip bank deficiencies. Therefore, based on the TIS provided by the applicant, and the 2020 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. At the August 19, 2021 CCPC meeting, the density was reduced from 130 dwelling units to [approximately] 108 dwelling units at 6.0 DU/AC. Transportation staff notes that this reduction remains consistent with the GMP and recommends approval. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 9.44 acres of native vegetation. A minimum of 1.42 (15%) acres of native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-PL20210000093 on August 19, 2021, and by a vote of 7 to 0 recommended to forward this petition to the Board with a recommendation of approval with required changes to the PUD as explained below. The CCPC approval was unanimous. There are letters of opposition with this petition. As such, this petition will be placed on Regular Agenda. The required changes and additions to be added to the PUD by the CCPC include: Reduce density to [approximately] 108 dwelling units at 6.0 DU/AC Add a landscaping development commitment - At start of construction, the developer will plant mature trees no less than 16 feet in height on the western boundary of the PUD as part of the required 15 foot landscape buffer in the area that abuts single family homes in the abutting residential community currently known as the Canopy development. The trees will be staggered in relation to the trees in the landscape buffer on the abutting Canopy residential community. The developer will also install a decorative fence along the entire western property line that will tie into the existing fence on the abutting Canopy residential community. Add a miscellaneous development commitment - Developer will install screens such as decorative fences or shrubs no less than three -feet high around the air conditioning units for all residences in the first row of buildings closest to, and constructed along, the western side of the Packet Pg. 1737 09/28/2021 PUD abutting the Canopy residential community The change was accepted by staff, and this revision were added to the Ordinance. LEGAL CONSIDERATIONS: This is a site specific rezone from a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Soluna RPUD. 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 (BCC), 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. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with 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. 1738 09/28/2021 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 BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the attached Ordinance and recommends that the Board approve the applicant's request to rezone to the RPUD zoning district. Packet Pg. 1739 09/28/2021 Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report - Soluna RPUD (PDF) 2. Attachment A - Revised Proposed Ordinance 8-23-21 (PDF) 3. Attachment B - Development Standards Comparison Table (PDF) 4. Attachment C - Opposition Letters flat (PDF) 5. [Linked] Attachment D - Application -Backup Materials (PDF) 6. Attachment E - Hybrid Meeting Waiver (PDF) 7. Attachment F - Advertising Hearing Sign (PDF) 8. legal ad - agenda ID 17587 (PDF) Packet Pg. 1740 17.B 09/28/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.13 Doe ID: 17587 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 Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established 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 a Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Soluna RPUD, to allow construction of up to 108 dwelling units on property located southwest of the intersection of Tree Farm Road and Massey Street, in Section 35, Township 48 South, Range 26 East, consisting of 18.5f acres; and by providing an effective date. [PL20210000093] Meeting Date: 09/28/2021 Prepared by: Title: — Zoning Name: Tim Finn 08/24/2021 4:32 PM Submitted by: Title: — Zoning Name: Mike Bosi 08/24/2021 4:32 PM Approved By: Review: Zoning Zoning Growth Management Department Mike Bosi Zoning Director Review Ray Bellows Additional Reviewer Lissett DeLaRosa Growth Management Department Growth Management Department Trinity Scott Transportation Growth Management Department James C French Growth Management County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 08/25/2021 8:16 AM Completed 08/25/2021 5:24 PM Completed 08/27/2021 1:58 PM Skipped 08/27/2021 11:32 AM Completed 09/02/2021 10:30 AM Completed 09/10/2021 4:50 PM Completed 09/13/2021 8:40 AM Completed 09/13/2021 10:33 AM Completed 09/15/2021 12:49 PM Completed 09/21/2021 12:05 PM 09/28/2021 9:00 AM Packet Pg. 1741 17.B.a Coifie- r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 19, 2021 SUBJECT: PUDZ-PL20210000093; SOLUNA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) Owner: Sun Broadcasting, Inc. 2824 Palm Beach Boulevard Fort Myers, FL 33916 REQUESTED ACTION: Contract Purchaser: D.R. Horton 10541 Six Mile Cypress Fort Myers, FL 33966 Agent: Kenrick S. Gallander, AICP RWA, Inc. 6610 Willow Park Naples, FL 34109 The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from a Rural Agriculture (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Soluna RPUD, to allow construction of up to 130 dwelling units. The subject property is comprised of one parcel owned by Sun Broadcasting, Inc. GEOGRAPHIC LOCATION: The subject property is located southwest of the intersection of Tree Farm Road and Massey Street on, in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 18.5+/- acres (see location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone the property to RPUD to allow for the development of up to 130 dwelling units at 7.0 (DU/AC) for a project to be known as Soluna RPUD. PUDZ-PL20210000093 Soluna RPUD Revised: August 2, 2021 Page 1 of 16 0 IL W M c 0 U) ti 00 Packet Pg. 1742 17.B.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of Soluna RPUD: North: Tree Farm Road, a two-lane local road, and then developed residential, with a current zoning designation of Warm Springs RPUD (3.52 DU/AC), which is approved for single and multi -family residential units East: Massey Street, a two-lane local road, and then developed with single family residential, with a zoning designation of Rural Agricultural (A) zoning district within a Rural Fringe Mixed Use Overlay -Receiving Lands South: Developed residential, with a current zoning designation of Vanderbilt Country Club PUD (2.5 DU/AC), which is approved for single and multi -family residential units West: Developed residential, with a current zoning designation of Buttonwood Preserve RPUD (4.0 DU/AC), which is approved for single and multi -family residential units Collier County Property Appraiser PUDZ-PL20210000093 Soluna RPUD Page 3 of 16 Revised: August 2, 2021 Packet Pg. 1744 17.B.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The 18.5-acre subject site is Urban Designation, Urban Mixed -Use District, Urban Residential Subdistrict on Future Land Use Map of the Growth Management Plan (GMP). The applicant is proposing 130 DUs (all townhomes) with a density rate of approximately 7 DU/A. They wish to utilize Residential Infill; including purchasing a total of 19 TDRs from a sending area to increase the density to 7DU/A. The density would be calculated as follows: 4 DU/A base +3 DU/A residential infill 7 DU/A total units per acre 18.5 acres x 7 DU/A = 129.5 DUs; rounded is 130 DUs Staff has found this project consistent with the Future Land Use Element of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's February 23, 2021 and the April 8, 2021 supplemental update Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 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's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed 130 residential dwelling unit development will generate a projected total of +/- 75 PM peak hour, 2-way trips on PUDZ-PL20210000093 Soluna RPUD Page 4 of 16 Revised: August 2, 2021 Packet Pg. 1745 17.B.a the adjacent roadway segments of Collier Boulevard and The trips generated by this development will occur on the following adjacent roadway network links using the current 2020 AUIR: Roadway/Link # Link 2020 Current Peak Projected 2020 AUIR Hour Peak P.M Peak Remaining LOS Direction Hour/Peak Capacity Volume/Peak Direction Direction Project Traffic 1 Collier Immokalee D 3,000/North 30/NB 603 Boulevard/30.1 Road to Vanderbilt Beach Road Immokalee Collier D 3,300/East 3/EB 95 (2) Road/44.0 Boulevard to Wilson Source for P.M. Peak Hour/Peak Direction Project Traffic is February 23, 2021; Traffic Impact Statement provided by the petitioner. 2. Projected deficiencies for segments 44.0 are due to projected background traffic from trip bank not caused by this development. Staff notes the section of Immokalee Road noted above will benefit from the extension of Vanderbilt Beach Road that should improve capacity on the noted projected trip bank deficiencies. Therefore, based on the TIS provided by the applicant, and the 2020 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 9.44 acres of native vegetation. A minimum of 1.42 (15%) acres of native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. STAFF ANALYSIS: Applications to rezone to or to amend RPUDs shall be in the form of a RPUD Master Plan of development, along with a list of permitted and accessory uses and a development standards table. The RPUD application shall also include a list of developer commitments and any proposed deviations from the LDC. 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.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission PUDZ-PL20210000093 Soluna RPUD Page 5 of 16 Revised: August 2, 2021 Packet Pg. 1746 17.B.a Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for its recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The minimum PUD preserve requirement is 1.42 acres (15% of 9.44 acres); the applicant has provided 3.90 acres of preserve onsite. An updated listed species survey was conducted in February 2021. Three gopher tortoise (Gopherus polyphemus) burrows were identified within the project site. Prior to relocation, a relocation permit must be obtained from the Florida Fish and Wildlife Conservation Commission (FWC). The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bat (Eumops floridanus). Five cavity trees were observed onsite with the potential to contain bonneted bat; however, no evidence was found indicating the trees were being utilized. FWC wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Additionally, stiff -leaved wild pine (Tillandsia fasciculata) and Florida butterfly orchid (Encyclia tampensis), listed as Less Rare Plants in the LDC, were observed onsite and will be protected in accordance with LDC 3.04.03. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontage on Tree Farm Road. Sufficient water and wastewater treatment capacities are available. Emer,aency Management Review: Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: The buffers labeled on the Master Plan are in accordance with the Land Development Code. Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Parks and Recreation Review: Parks and Recreation staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Affordable Housing Review: Affordable housing is not proposed for this project. School District: At this time, there is sufficient capacity within the elementary and middle concurrency service areas and in an adjacent high school concurrency service area of the proposed development. At the time of SDP or platting, the project will be evaluated for school concurrency. PUDZ-PL20210000093 Soluna RPUD Page 6 of 16 Revised: August 2, 2021 Packet Pg. 1747 17.B.a Zoning Services Review: As previously mentioned in the Surrounding Land Uses and Zoning portion of the staff report, to the north, Warm Springs RPUD has a density of 3.52 DU/AC, to the east, the residential properties within the Rural Agricultural (A) zoning district has a density of 1 du/5acres, to the south, Vanderbilt Country Club PUD has a density of 2.5 DU/AC, and to the west, Buttonwood Preserve RPUD has a density of 4.0 DU/AC. This petition proposes a density of 7.0 DU/AC, which is compatible to the surrounding properties. Even though Soluna RPUD is proposing more dwelling units per acre than what is allowed in the surrounding properties, it should be noted that the existing development in the surrounding area is a mixture of single and multi -family and is not out of context with regard to the community character of the immediate vicinity. Staff analyzed the proposed uses and associated development standards in the Soluna RPUD and compared them with the uses allowed in the Vanderbilt Country Club, Buttonwood Preserve, and Warm Springs PUDs and the residential properties within the Rural Agricultural (A) zoning district. Currently, the Warm Springs RPUD has developed single-family and allows for multiple family, single family detached, townhouse, two family, duplex and zero lot line for single family. The residential properties to the east are developed with single family units. Vanderbilt Country Club PUD has developed single and multi -family residential and allows for single family, zero lot line single family, and multifamily condominiums. Buttonwood Preserve has developed single family units and allows for single family detached, two family duplex, single family attached, and multifamily units. The Soluna RPUD proposes detached single-family, attached single family and townhouses, two family zero lot line, and multi -family residential. Therefore, the proposed uses in the Soluna RPUD would be compatible with the surrounding allowed uses in the Vanderbilt Country Club, Buttonwood Preserve, and Warm Springs PUDs and the residential properties within the Rural Agricultural (A) zoning district. Attachment B shows a table of the development standards for principal and accessory structures proposed within the Soluna RPUD and how they compare to the Vanderbilt Country Club, Buttonwood Preserve, and Warm Springs PUDs and the residential properties within the Rural Agricultural (A) zoning district. In short, the minimum side yard, minimum rear yard, and maximum height proposed for the Soluna RPUD are less than Vanderbilt Country Club, Buttonwood Preserve, and Warm Springs PUDs and the residential properties within the Rural Agricultural (A) zoning district. The minimum front yard and minimum PUD Perimeter setback is more than Vanderbilt Country Club, Buttonwood Preserve, and Warm Springs PUDs and the residential properties within the Rural Agricultural (A) zoning district. Furthermore, the minimum lot area, minimum lot width, minimum floor area, minimum preserve setback, and minimum distance between structures are generally the same among all surrounding PUDs. As such, the proposed Soluna RPUD development standards are compatible with the surrounding areas around the Soluna RPUD property. 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": PUDZ-PL20210000093 Soluna RPUD Page 7 of 16 Revised: August 2, 2021 Packet Pg. 1748 17.B.a 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Water distribution and wastewater collection mains are readily available within the Tree Farm Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. The subject site fronts on Tree Farm Road and Massey Street. Water and wastewater facilities are located within the right-of-way, and each has enough capacity to serve the proposed RPUD. Stormwater management details will be evaluated at time of SFWMD Environmental Resource Permitting (ERP) and County Site Development Permit (SDP)/Plans and Plat Permit (PPL) permitting. 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, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD is required to provide at least 60% of the gross area for usable open space. No deviation from the open space requirement is being requested, and compliance would be demonstrated at the time of SDP or platting. PUDZ-PL20210000093 Soluna RPUD Page 8 of 16 Revised: August 2, 2021 0 IL W M c 0 U) ti 00 Packet Pg. 1749 17.B.a 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. As noted above, Transportation Planning staff finds this petition consistent with the GMP. 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. Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. o The area has adequate supporting infrastructure, such as wastewater disposal systems and potable water supplies, to accommodate this project based upon the commitments made by the petitioner, and the fact that adequate public facilities requirements will continuously be c addressed when development approvals are sought. The area has adequate supporting C.n infrastructure, including adjacent Collier County Water -Sewer District potable water and00 wastewater mains, to accommodate this project. T 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Five deviations are proposed in connection with this request to rezone to RPUD. See deviations section of the staff report beginning on page 12. 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 proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject 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 (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the PUDZ-PL20210000093 Soluna RPUD Page 9 of 16 Revised: August 2, 2021 Packet Pg. 1750 17.B.a existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The properties to the west, north, and south of the subject property are zoned PUD and the property to the east is zoned Rural Agricultural (A) zoning district within a Rural Fringe Mixed Use Overlay -Receiving Lands. All aforementioned properties allow for residential uses. The abutting Warm Springs RPUD, Vanderbilt Country Club PUD, and Buttonwood Preserve RPUD have similar and related zoning classifications and allowable uses to the proposed Soluna RPUD. Therefore, the proposed petition would not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The rectangle -shape boundary of the RPUD logically follows the external boundary of the parcels assembled for the rezoning. a. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. rn° The proposed rezone is not necessary but it is being requested in compliance with the LDC 00 provisions to seek such changes. It should be noted that the proposed uses are not allowed T under the current zoning classification. c 6. Whether the proposed change will adversely influence living conditions in the 0. neighborhood. M c The proposed RPUD is not anticipated to adversely influence living conditions in the �o 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. As noted above, Transportation Planning staff finds this petition consistent with the GMP. 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. The proposed RPUD request is not anticipated to create a stormwater management problem in the area; provided an environmental resource permit that addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on -site stormwater treatment, and attenuation storage is obtained from the South Florida Water Management District. County staff will evaluate the project's stormwater PUDZ-PL20210000093 Soluna RPUD Page 10 of 16 Revised: August 2, 2021 Packet Pg. 1751 17.B.a management system, calculations, and design criteria at time of SDP and/or plat review. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this RPUD would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development o of adjacent property in accordance with existing regulations. a W Properties to the north, east, west, and south are developed, as previously noted. The basic premise underlying all the development standards in the LDC is that sound application, ro when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to 0 improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. o 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Because the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards are not permitted, according to the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. PUDZ-PL20210000093 Soluna RPUD Page 11 of 16 Revised: August 2, 2021 Packet Pg. 1752 17.B.a 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. a 17. The impact of development on the availability of adequate public facilities and M services consistent with the levels of service adopted in the Collier County Growth M Management Plan and as defined and implemented through the Collier County rn° Adequate Public Facilities Ordinance, as amended. ti 00 LO The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. o 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking five deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation is outlined below. Proposed Deviation #1: (Right -of -Way Width) "Deviation 1 seeks relief from LDC Section 6.06.0 LN, which requires minimum local street right- of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that include public utilities." Petitioner's Justification: Minimum right-of-way width of 50 feet is requested for local streets within the Soluna RPUD. This deviation is justified because this will be a smaller -scale private residential gated community with controlled access, low traffic volumes and a low posted speed limit. A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. In PUDZ-PL20210000093 Soluna RPUD Page 12 of 16 Revised: August 2, 2021 Packet Pg. 1753 17.B.a addition, a 10' PUE will be provided on each side of the right-of-way to accommodate "dry utilities. " The 50 foot right-of-way results in a more compact roadway cross-section which accomplishes traffic calming to provide a safer transportation system within the community and reduces the impervious surface impacts to the water management system. All public utilities will be provided within the 50' right-of-way. This deviation is commonly approved and has been effectively implemented in numerous residential PUDs throughout the County and will not affect public health and safety. Staff Analysis and Recommendation: Similar deviations were approved with the Brandon, Gold Club of the Everglades, Argo Manatee, Rockedge, Vincent Acres, and Mattamy Homes RPUDs and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation #2 (Dead End Street) "Deviation 2 seeks relief from LDC Section 6.06.0l.J which prohibits dead end streets except when designed as a cul-de-sac, to allow dead end street of less than 100 linear feet." Petitioner's Justification: This deviation is justified to provide a less impactful roadway design by eliminating the need for cul-de-sacs and the associated extra area needed to support such an impactful design. Reduced roadway area reduces the impervious surface impacts to the water management system as well as allowing for a more efficient site design through an overall looped layout. The limited vehicular activity within these proposed dead ends, and access to the residential unit's driveways does not negatively impact the overall traffic flow or management within the development. This request has been commonly approved and utilized in other residential PUDs throughout the County and does not negatively impact the public's health, safety, or welfare. Staff Analysis and Recommendation: Similar deviations were approved with the Buckley MPUD, Royal Palm International Academy PUD, and Abaco Club RPUD and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation #3: (Sidewalks) "Deviation 3 seeks relief from LDC Section 6.06.02.A.2, which requires 5 foot sidewalks within public and private rights -of -ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow sidewalks to be constructed only on the side of the streets that are directly adjacent to residential units or amenity areas." PUDZ-PL20210000093 Soluna RPUD Page 13 of 16 Revised: August 2, 2021 0 IL W M c 0 U) ti 00 Packet Pg. 1754 17.B.a Petitioner's Justification: This deviation will not adversely impact pedestrian mobility for the project and will reduce impervious areas for improved water quality, storm water attenuation, and minimizes impacts to adjacent preserve areas. The private internal local roadways will have low vehicular travel speeds; therefore, the deviation will not negatively impact public health, safety and welfare. This deviation has previously been approved with proven results that fulfill the goal of safe pedestrian mobility. As proposed, the sidewalks will provide a comprehensive circulation throughout the community, including interconnections to the existing and/or proposed sidewalk systems within the public rights -of -way adjacent to the development. StaffAnalysis and Recommendation: Similar deviations were approved with the Rushton Pointe, County Barn Road, Warm Springs, Collier 36, Willow Run, and Wolf Creek RPUDs and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation #4: (Wall Height) "Deviation 4 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project where abutting an existing public roadway, and allow a 12' tall wall/berm combination." Petitioner's Justification: The proposed deviation will allow for additional visual screening from adjacent properties and noise attenuation from the significant traffic along the public roadways. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. Staff Analysis and Recommendation: Similar deviations were approved with the Willow Run, San Marino, Avalon of Naples, Argo Manatee, Rockedge, and Abaco Club RPUDs and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation #5: (Ground Signs) "Deviation 5 seeks relief from LDC Section 5.06.02.13.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and a total combined sign area of 64 square feet, to allow for two (2) ground signs at the proposed project entrance with a maximum height of 10' and a total combined sign area of 80 square feet." PUDZ-PL20210000093 Soluna RPUD Page 14 of 16 Revised: August 2, 2021 Packet Pg. 1755 17.B.a Petitioner's Justification: This proposed deviation will provide for an on premise ground sign height and size appropriate for its location and orientation to the Tree Farm roadway corridor. The Tree Farm roadway corridor has been recently extended and improved to Massey Street for additional traffic network capacity and management. With this additional traffic and exposure to the public realm as a result of the improvements, the 25% increase in height and area of ground sign for the development is not an excessive request to help ensure improved visibility for travelers along this recently improved corridor. This deviation will enhance public health, safety, and welfare by helping all motorist more easily identify and locate the community and therefore facilitate proper navigation. Staff Analysis and Recommendation: Similar deviations were approved with the County Barn Road, Avalon of Naples, San Marino, 951 Villas, and Brandon RPUDs and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on April 21, 2021 at Peace Lutheran Church located at 9850 Immokalee Road. The meeting commenced at approximately 5:30 p.m. and ended at 6:48 p.m. The applicant's agent explained the request for the proposed rezone. Ken Gallander, the agent, conducted the meeting with introductions of the consultant team and staff, and an overview of the proposed RPUD rezoning application, including the requested residential uses, maximum allowable height, location of preserve areas, and access. He also outlined the rezoning process and opportunities to provide input at public hearings. Following the Consultant's presentation, the meeting was opened up to attendees to make comments and ask the consultant team questions regarding the proposed development. The public attendees had the following concerns: • Request to have additional landscaping and a wall between the residential areas to the south and west (Vanderbilt Country Club and Canopy) of Soluna. They also requested to retain the existing vegetation and trees. • Concern of the Soluna townhomes will tower and look into the homes at Vanderbilt Country Club and Canopy. The Soluna townhomes will be too close to these residences. • Request to have additional space between the Soluna townhomes and the Canopy residential homes. The public were concerned about the proposed dimensions. • Request to revise and move the preserve area from the east side of Soluna PUD to the other side of the PUD and not disturb any existing vegetation. PUDZ-PL20210000093 Soluna RPUD Page 15 of 16 Revised: August 2, 2021 Packet Pg. 1756 17.B.a No commitments were made. A copy of the sign -in sheet, handouts, Powerpoint, and NIM summary are included in Attachment D. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: 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 July 29, 2021. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) Development Standards Comparison Table C) Opposition Letter D) Application/Backup Materials E) Hybrid Meeting Waiver F) Advertising Hearing Sign PUDZ-PL20210000093 Soluna RPUD Page 16 of 16 Revised: August 2, 2021 Packet Pg. 1757 17.B.b ORDINANCE NO.2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SOLUNA RPUD, TO ALLOW CONSTRUCTION OF UP TO 108 DWELLING UNITS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF TREE FARM ROAD AND MASSEY STREET, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 18.5t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000093] WHEREAS, Kenrick Gallander, AICP of RWA, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing D.R. Horton, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY TIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a 18.5± acre project to be known as Soluna RPUD, to allow construction of a maximum of 108 dwelling units in accordance with Exhibits A through F attached hereto 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. 0 a 0 00 LO ti [21-CPS -02084/ 1660767/ 1171 Soluna /PL20210000093 Page 1 of 2 8/23/21 Packet Pg. 1758 17.B.b SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Heidi F. Ashton-Cicko 4,' Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development and Design Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Development Commitments [21-CPS-02084/1660767/1 171 Soluna/PL20210000093 8/23/21 2021. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 Penny Taylor, Chairman Packet Pg. 1759 17.B.b ., 1 LIST OF PERMITTED USES SOLUNA RPUD A Residential Planned Unit Development PERMITTED USES: A maximum of 108 dwelling units shall be permitted in this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL: TRACT R A. Principal Uses: 1. Dwelling Units: • Detached single family • Attached single family & townhouses • Two family, zero lot line • Multi -family 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures and utility buildings and infrastructure. 2. Walls, berms, signage (including boundary marker signage), and development excavations. 3. Gatehouses, and access control structures. 4. Recreational uses and facilities including swimming pools for residents and their guests. 5. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. Soluna RPUD PL20210000093 Page 1 of 11 Revised: August 20, 2021 0 a c 0 00 LO ti Packet Pg. 1760 17.B.b 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. AMENTIY AREA: TRACT AA A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. 0 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a a community swimming pool, tennis/pickle ball courts and basketball courts, parks, dog parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). o 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails,00 bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, ti fitness trails and shelters to serve residents and their guests. 77 4. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Walls, berms, signage (including boundary marker signage), and development excavation. 3. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the FLOODPLAIN COMPENSATION: TRACT F A. Principal Use: 1. Open Space B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required compensation area to be utilized and does not alter the designed ground elevation. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Soluna RPUD PL20210000093 Page 2 of 11 Revised: August 20, 2021 Packet Pg. 1761 17.B.b PRESERVE: TRACT P A. Principal Use: 1. Preserve B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Soluna RPUD PL20210000093 Page 3 of 11 Revised: August 20, 2021 0 a c 0 oo LO r` Packet Pg. 1762 17.B.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS SOLUNA RPUD A Residential Planned Unit Development Table 1 below sets forth the development standards for the land uses within the Soluna RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP), Site Development Plan Amendment (SDPA) or Plat. TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS Ai A HEC 'V1ETSTANUARDS DETAICHEt SI1NMGDEV stt%4 AMiLY T", +MILY, UL11- AMENITY AREA �.. 1LLY i iOT LINE „r FAMfLYZERO� , ANH©UE S ;Tf , yy PEtlom �t JRiES MINIMUM LOT AREA 4,000SFPER 1,800 SF PER 1,800 SF PER UNIT 1 ACRE 10,000 SF UNIT UNIT MINIMUM LOT WIDTH 40 Ft 20 Ft 40 Ft 100 Ft 100 Ft MINIMUM FLOOR AREA 1,000 SF 1,000 SF 1,000 SF 1,000 SF 700 Ft MINIMUM FRONTYARD 23 Ft (1) 23 Ft (1) 23 Ft (1) 23 Ft (1) N/A MINIMUM SIDE YARD 5 Ft 0 OR 5 Ft (2) 0 OR 5 Ft (2) 0 OR 5 Ft N/A MINIMUM REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft N/A MINIMUM PUD PERIMETER 30 Ft 30 Ft 30 Ft 30 Ft N/A SETBACK MINIMUM PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft MINIMUM DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft STRUCTURES) MAXIMUM HEIGHT ZONED (not to exceed 2 stories) 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft ACTUAL (not to exceed 2 stories) 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft Soluna RPUD PL20210000093 Page 4 of 11 Revised: August 20, 2021 Packet Pg. 1763 17.B.b MINIMUM FRONT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. MINIMUM SIDE S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. MINIMUM REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft MINIMUM PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft MINIMUM PUD SETBACK 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft MAXIMUM HEIGHT ZONED (not to exceed 2 stories) ACTUAL (not to exceed 2 stories) 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft NOTES: • S.P.S. = Same as Principal Structures • GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or boundary lines, or between structures. If required, landscape buffers and lake maintenance easements shall be platted as separate tracts at time of SDP or Plat approval. • Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. FOOTNOTES: (1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet. All other portions of this principal structure except as noted later in this paragraph, whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet front the front yard property line, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures, including overhangs, shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. Soluna RPUD PL20210000093 Page 5 of 11 Revised: August 20, 2021 d c 0 ti 00 LO Packet Pg. 1764 zsevei / east ed.o!u�wmv w f.mwu.�.o�af NMd a31StlW - D 1I91HX3 B,S dl(6EZlZ SGSPG6f.1 60tsE e0!ali'..NeN / OOZ.t!n5'..u0 Mted .`M!M O199 17.B.b anaa tlNmos V��YI NOlaoH as V :lOINIS10 ONINOZ a IVIIN30IS3M AIIWVd 31°JNIS :3Sn 1Nmikino as LL w ....,.. ..133a15 A355tl F _ Co v • z LU LU W W M W � Q�Q � WON ' w' am0 Oja (ni p J O Q H z W 0 W° rr a y � J < ~ Q U. J Vl z ° a` c� w N 2 � 7 N z 2 K a U Zv g�v lwQAY04 WOE Jmo LLa 00 F Z W Cl)wow WOU— mQ ova Co O LL i I I I I I I I 1 1 `41 m I aL �w C Co Of II I I 0 JN I1 Na Q • LUw IaLL Z 00' ap I �z I�m IN ! u ~0 Q -E O I X 6 o !I law w I�w w Igo LU aUj � w I ------L------------------�---� OndtI :IOIUISIO VNINOZ IVIIN301S3t1 I.IIWV:i 310NIS :3Sn 1N3tRIno J Q z Z W ° maa y� J LLvi z° m Z 7N z Z K K M U a ° z 0 m zoO N yCr z Z� aW O�aZ 24 G °z W a 0 mz Z a��Lu JLU a3 a WOYWLU x Co IjIQ�aJax� Packet Pg. 1765 _ _v/_�Vj� ��m_ sm_ z r ())2j§)\§ \ / � } § z [ ¥<§ § §)�(�� § � § � w oa Z9 2 ()�? �a §§ 6§ EkL>u }tee§ §�(jk(/\\\e )§ (�k- /!b/2»�az U, :\±S 0w Zcc§E� § §Z&}Zk) B&i$\�//j '�)�j§/3=wz9) oz>uu « lm�2�� uiin �w;§wgw5!<I §;/z-2w uzale§!a GgL2�§//§\(;¥!(d Lu l�HN§mmE$2 P,[ 2R ou<=ooL & §§(//§<<a.>waebm§ 2 m_ mISV_ Na Nye Packet Pg. 1766 17.B.b EXHIBIT D LEGAL DESCRIPTION SOLUNA RPUD A Residential Planned Unit Development THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECTTO AN EASEMENT FOR THE PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. LESS AND EXCEPTTHE FOLLOWING DESCRIBED PROPERTY: A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E., ALONG THE EAST LINE OF SAID SECTION 35, FOR 668.96 FEETTO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S.89°58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02016'57"W., ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10'08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEETTO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89°58'31"W., ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73011'14"W., FOR 79.40 FEET; THENCE S.89058'31"W., FOR 57.22 FEET; THENCE S.73009'14"W., FOR 44.92 FEET; THENCE S.86°54'42"W., FOR 187.12 FEETTO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N.02°16'03"W., ALONG SAID WEST LINE, FOR 40.03 FEETTO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE N.89°58'31"E., ALONG SAID NORTH LINE, FOR 1321.91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 805,839 SQUARE FEET OR 18.50 ACRES, MORE OR LESS. Soluna RPUD PL20210000093 Page 8 of 11 Revised: August 20, 2021 a R c 0 ti w LO r- Packet Pg. 1767 17.B.b EXHIBIT E LIST OF DEVIATIONS SOLUNA RPUD A Residential Planned Unit Development Deviation #1 seeks relief from LDC, Section 6.06.01M, which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that include public utilities. 0 a Deviation #2 seeks relief from LDC Section 6.06.01.J which prohibits dead end streets except when co designed as a cul-de-sac, to allow dead end street of less than 100 linear feet. 0 Co Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5 foot sidewalks within public andLO r- 00 private rights -of -ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow sidewalks to be constructed only on the side of the streets that are directly N adjacent to residential units or amenity areas. N Deviation #4 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project where abutting an existing public roadway, and allow a 12' tall wall/berm combination. Deviation #5 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of Wand total combined sign area of 64 square feet, to allow for two (2) ground signs at the proposed project entrance with a maximum height of 10' and total combined sign area of 80 square feet. Page 9 of 11 Soluna RPUD Revised: August 20, 2021 PL20210000093 Packet Pg. 1768 17.B.b EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS SOLUNA RPUD A Residential Planned Unit Development The purpose of this Section is to set forth the development commitments for the development of this project. C GENERAL: a A. 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 c of the PUD. At the time of this PUD approval, the Managing Entity is D.R. Horton, Inc. Should the co Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must 00 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 r approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As N N Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that 00 includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing c 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. 'a B. 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." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: The maximum total daily trip generation for the PUD shall not exceed 75 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. Page 10 of 11 Soluna RPUD Revised: August 20, 2021 PL20210000093 Packet Pg. 1769 17.B.b LANDSCAPING: Preserves may be used to satisfy the landscape buffer requirement after exotic vegetation removal in accordance with LDC Section 4.06.02 and 4.06.05.e.1. In the event that the preserve does not satisfy the buffer requirement after removal of exotics, supplemental planting will be provided in accordance with LDC 3.05.07 to meet the buffer requirement. At start of construction, the developer will plant mature trees no less than 16 feet in height on the western boundary of the PUD as part of the required 15 foot landscape buffer in the area that abuts single family homes in the abutting residential community currently known as the Canopy development. The trees will :3 be staggered in relation to the trees in the landscape buffer on the abutting Canopy residential community. The developer will also install a black vinyl chain link fence along the entire western property line that will tie into the existing fence on the abutting Canopy residential community. �o r- Co LO ti ENVIRONMENTAL: The project has 9.44+/- acres of native vegetation. A minimum of 15 percent of the existing calculated native vegetation on -site shall be retained. The minimum required preserve for the RPUD is 1.42+/- acres. The project is providing 3.90+/- acres. The Collier County Preserve Management Plan will specify that the potentially occupied gopher tortoise burrows occurring within the development footprint will be excavated and the resident tortoises relocated pursuant to a Florida Fish and Wildlife Conservation Commission (FWC) gopher tortoise permit that will be obtained for the project. Residents will be provided with educational materials concerning preventing nuisance black bears. Both butterfly orchids (E. tampensis) and stiff -leaved wild -pines (T. fasciculato) were observed in various locations across the site. Pursuant to Land Development Code (LDC) Section 3.04.03 if these species are not present within the preserve at the time of development, between two and ten plants of each species (growing within eight feet of natural grade) will be relocated from the development footprint to the on - site preserve prior to the initiation of clearing activities. PUBLIC UTILITIES: Reserved MISCELLANEOUS: Developer will install screens such as decorative fences or shrubs no less than three -feet high around the air conditioning units for all residences in the first row of buildings closest to, and constructed along, the western side of the PUD abutting the Canopy residential community. Page 11 of 11 Soluna RPUD Revised: August 20, 2021 PL20210000093 Packet Pg. 1770 17.B.c DEVELOPMENT STANDARDS COMPARISON TABLE Detached Single Attached Single Two -Family, Multi Family Amenity Area Family Family & Zero Lot Line Townhouse Minimum Lot Area Soluna 4,000 s.f. 1,800 s.f. 1,800 s.f 1 acre 10,000 Vanderbilt Cnty Clb 7,200 s.f. n/a 4,800 s.f '/2 acre n/a Buttonwood Preserve 5,000 s.f. 1,400 s.f 3,500 s.f. (3) 9,000 s.f n/a Warm Springs 4,000 s.f. 1,600 s.f 3,500 s.f n/a 10,000 s.f. Rural Agricultural A 217,800 s.f n/a n/a n/a n/a Minimum Lot Width Soluna 40 ft 20 ft 40 ft 100 ft 100 ft Vanderbilt Cnty Clb 58 feet n/a 40 ft 100 feet 100 ft Buttonwood 42 feet 16 feet 35 feet 90 ft n/a Preserve(4) Warm Springs (9) 40 ft 20 ft 35 feet n/a n/a Rural Agricultural A 165 ft n/a n/a n/a n/a Minimum Floor Area Soluna 1,000 s.f 1,000 s.f. 1,000 s.f. 1,000 s.f. 700 ft Vanderbilt Cnty Clb 1,000 s.f. n/a 800 s.f. Efficiency — 450 n/a ft, One bedroom — 600 s.f, Two or more Bedrooms — 750 s.f. Buttonwood Preserve 1000 s.f. 1000 s.f. 1000 s.f. 750 s.f. n/a Warm Springs 11200 s.f. 750 s.f. 900 s.f. 750 s.f. n/a Rural Agricultural A 550 s.f n/a n/a n/a n/a Minimum Front Yard Soluna 23 ft (1) Principal 23 ft (1) 23 ft (1) Principal 23 ft( Principal n/a and Accessory) Principal and and Accessory) and Accessory) Accesso Vanderbilt Cnty Clb 20 ft n/a 20 ft 20 feet n/a Buttonwood Preserve 20 feet (5) 20 feet (5) 20 feet (5) 20 feet (5) 15 ft (Principal (Principal and (Principal and (Principal and (Principal and and Accessory) Accessory) Accessory) Accessory) Accessory) Warm Springs 20 ft (11) 20 ft (11) 20 ft (11) 20 ft (11) n/a (Principal) (Principal) (Principal) (Principal) (Principal) n/a 20 ft (Accessory) 15 ft 15 ft (Accessory) 20 ft (Accessory) Accesso Accesso Rural Agricultural A 50 ft n/a n/a n/a n/a Minimum Side Yard Soluna 5 ft (Principal and 0 or 5 ft P) 0 or 5 ft (2) 0 or 5 ft n/a Accessory) (Principal and Principal and Principal and Accessory ) Accessory) Accessory) Vanderbilt Cnty Clb 7.5 feet n/a 0 or 5 ft 15 feet n/a Buttonwood Preserve 6 feet (Principal 0 ft and 6 ft (6) 0 ft and 6 ft '/2 building 10 ft (Principal and Accessory) (Principal and (Principal and height (Principal and Accessory) Accessory Accessory) and Accessory) Warm Springs 5 ft (Principal and 0 or 5 feet 5 feet (Principal) 10 ft (Principal) 10 feet (Principal Accessory) (Principal) 6 feet (12) 0 feet (12) and Accessory) 0/6 feet (Accessory) (Accessory) (Accessory) Rural Agricultural A 30 ft n/a n/a n/a n/a Minimum Rear Yard Soluna 10 ft (Principal) 10 ft (Principal) 10 ft (Principal) 10 ft (Principal) n/a 5 ft (Accessory) 5 ft (Accessory) 5 ft (Accessory) 5 ft (Accessory) IL w 0 c 0 to ti 00 LO P- M H c 0 w E 0 U m Q Packet Pg. 1771 17.B.c Vanderbilt Cnty Clb 15 feet (Principal n/a 15 feet (Principal 20 feet 50 feet (Principal Structure) Structure) (Principal structures ftom 10 feet (Golf 10 feet (Golf Structure) all PUD Course) Course) 10 feet (Golf boundaries/ 10 feet 10 feet Course) residential (Accessory (Accessory 10 feet districts Structure) Structure) (Accessory 20 feet 25 feet (Lake 25 feet (Lake Structure) (Accessory Control Control 25 feet (Lake structures from Elevation) Elevation) Control all PUD Elevation) boundaries/ residential districts Buttonwood Preserve 15 feet (Principal) 15 feet 15 feet (Principal) 15 feet 15 ft (Principal 10 feet (Principal) 10 feet (Principal) and Accessory) (Accessory) 10 feet (Accessory) 10 feet Accesso Accesso Warm Springs 15 ft (Principal) 20 ft (Principal) 10 feet (Principal) 15 ft (Principal) 15 ft (Principal) 10 ft (Accessory) 5 ft (Accessory) 5 feet loft 10 ft (Accessory) (Accessory) (Accessory) Rural Agricultural A 50 ft n/a n/a n/a n/a Minimum PUD Perimeter Setback Soluna 30 ft (Principal) 30 ft (Principal) 30 ft (Principal) 30 ft (Principal) n/a 15 ft(Accessory) 15 ft(Accessory) 15 ft(Accessory) 15 ft(Accessory) Vanderbilt Cnty Clb n/a n/a n/a n/a n/a Buttonwood Preserve n/a n/a n/a n/a n/a Warm Springs 15 ft (Principal) 15 ft (Principal) 15 ft (Principal) 20 ft (Principal) 20 ft (Principal) 15 ft (Accessory) 15 ft 15 ft (Accessory) 15 ft 15 ft (Accessory) (Accessory) (Accessory) Rural Agricultural A n/a n/a n/a n/a n/a Minimum Preserve Setback Soluna 25 ft (Principal) 25 ft (Principal) 25 ft (Principal) 25 ft (Principal) 25 ft (Principal) 10 ft(Accessory) 1Oft(Accessory) 10 ft(Accessory) loft(Accessory) 10 ft(Accessory) Vanderbilt Cnty Clb n/a n/a n/a n/a n/a Buttonwood Preserve n/a n/a n/a n/a n/a Warm Springs 25 ft (Principal) 25 ft (Principal) 25 ft (Principal) 25 ft (Principal) 25 ft (Principal) 10 ft (Accessory) 10 ft 10 ft (Accessory) 10 ft 10 ft (Accessory) Accesso Accesso Rural Agricultural A n/a n/a n/a n/a n/a Minimum Distance Between Structures Soluna 10 ft 10 ft 10 ft 20 ft 10 ft Vanderbilt Cnty Clb 10 feet n/a 10 ft 20 feet 35 feet (Principal) 25 feet (Accessory) Buttonwood Preserve 12 ft 12 ft 12 ft Sum of 1/2 Sum of 1/2 (7) building height building height Warm Springs (12) 10 ft (Principal 10 ft (Principal) 10 ft (Principal) '/z sum of the '/z sum of the and Accessory) 0/10 (Accessory) 0/10 (Accessory) building height building height (Principal) (Principal) 0/10 ft 10 ft (Accessory) (Accessory) Rural Agricultural A n/a n/a n/a n/a n/a Maximum Height Soluna - Same for both 30 ft (Zoned) 30 ft (Zoned) 30 ft (Zoned) 30 ft (Zoned) 30 ft (Zoned) Principal and 40 ft (Actual) 40 ft (Actual) 40 ft (Actual) 40 ft (Actual) 40 ft (Actual) Accessory Vanderbilt Cnty Clb 35 feet n/a n/a 35 feet 35 feet (Principal) 25 feet IL c O O U ti 00 LO r m O H c O Q. E O U m Q Packet Pg. 1772 17.B.c (Accessory) Buttonwood Preserve - 35 ft (Zoned) 45 ft (Zoned) 35 ft (Zoned) 45 ft (Zoned) 35 ft (')(Zoned) Same for both 40 ft (Actual) 50 ft (Actual) 40 ft (Actual) 50 ft (Actual) 40 ft (Actual) Principal and Accessory Warm Springs Principal: Principal: Principal: Principal: Principal: 30 ft (Zoned) 45 ft (Zoned) 30 ft (Zoned) 45 ft (Zoned) 30 ft (Zoned) 35 ft (Actual) 50 ft (Actual) 35 ft (Actual) 50 ft (Actual) 35 ft (Actual) Accessory: Accessory: Accessory: Accessory: Accessory: 25 ft (Zoned) 25 ft (Zoned) 25 ft (Zoned) 25 ft (Zoned) 25 ft (Zoned) 30 ft (Actual) 30 ft (Actual) 30 ft (Actual) 30 ft (Actual) 30 ft (Actual) Rural Agricultural A 35 ft n/a n/a n/a n/a 1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet. All other portions of this principal structure except as noted later in this paragraph, whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet front the front yard property line, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures, including overhangs, shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. (3) Each half of a duplex requires a lot allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. (4) Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained (5) Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side -loaded or rear entry garage. (6) Zero foot minimum side setback on one side of building as long as a minimum 12 separation between principal structures is maintained. (7) Building distance may be reduced at garage to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multifamily principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. (8) Clock towers or similar architectural features shall be permitted up to 45 ft zoned height and 50 ft actual height (9) Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. (10) Front yards shall be measured as follows: If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed) (11) Front entry garages must be a minimum of 20 ft, and a minimum of 23 ft from a sidewalk. Porches, entry features and roofed courtyards may be reduced to 15 ft. (12) Building distance may be reduced at garages to a minimum of 0 ft where attached garages are provided and a 10 ft minimum separation is maintained, if detached. D d ca c 3 O Cl) ti 00 LO ti Packet Pg. 1773 17.B.d From: FinnTimothy Sent: Tuesday, June 29, 2021 10:35 AM To: 'Katrina K. Curran' Cc: NawrockiStefanie; BellowsRay; 'Ken Gallander' Subject: RE: Canopy/Soluna Hi Katrina, Thank you for your detailed email and we understand your concerns. As such, this email will be included in the backup packet as an oppositional letter for the Collier County Planning Commission (CCPC) to evaluate. They will evaluate the information in this email separate from staff's recommendation. The next opportunity to be heard at a public hearing regarding this petition will be at the CCPC. The CCPC meeting date has not been set. Because you were notified of the Neighborhood Information Meeting (NIM) you will be notified of the CCPC meeting date. Staff has done an extensive review of this petition and is consistent with our Land Development Code (LDC) and Growth Management Plan (GMP). It is important to note that staff can't make any decisions not supported by our LDC and GMP and does not have any leeway beyond what the codes require. If you have any other issues, you do have the option of working these out with the agent. From: Katrina K. Curran <kkirkland77@hotmail.com> Sent: Monday, June 28, 2021 4:06 PM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Cc: NawrockiStefanie <Stefanie.Nawrocki@colliercountvfl.gov> Subject: RE: Canopy/Soluna EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Finn, I have reviewed RWA response to your letter dated May 17, 2021 and I find their response to be quiet inadequate. I understand that RWA does not feel any of our concerns are legitimate but they are. I have noted that their site line exhibit tries to explain the visual distance between these two properties however, it is incorrect. I am attaching a snapshot of the property appraisers site which shows the actual distance from the homes in canopy to the property line. As you can see, Soluna's avg of 67.2 is greatly misleading. Our PROPERTY includes outdoor spaces (lanais and yards) that are for our private enjoyment and just as meaningful to our property values as the home itself. Maybe even MORE meaningful as it is where our children play, where we gather as a community and where we've been able to get some quiet, as the fronts of our homes are not private despite being a distance of 90' garage to garage from the neighbor across Packet Pg. 1774 17.B.d the street (perspective of distance). Once the trees are cleared, the 38.7' is nothing for a two story residence overlooking our property. From their site line drawing, we will have hardly anything for at least 5 years as any type of buffer between the two properties. In regards to their response about Canopy having a wall, we as a community was not given a choice. The original plans filed with the county included a fence to Tree Farm Rd and a wall along Tree Farm Rd, which Neal decided not to put it. We bought these homes based on false information from Neal as they did tell us we would have these security measures and Neal did not honor their commitment to the community. Additionally, where the fence was supposed to be behind our property, is currently a radio station that DOES have a fence located on the property. Now DR Horton, would like to remove that fence and n build a townhome, the back of that townhome on the exact fence line that the co radio station put in. At that point, there really will not be any type of protection between the two properties. I have reviewed the County's website and Canopy has significant buffers between Bristol Pines ( appx 62 ft plus 50 ft road frontage) L and Vanderbilt has almost 90ft from Canopy property line to the nearest .2 Vanderbilt home. We are given less than 40 ft from the property line to the back r- of the townhouse. There is absolutely NO REASON, that DR Horton cannot draw up plans to continue the same likeness throughout this area and continue to U) a preserve what is already here. CL o Additionally, we are looking to have appx 6-18 units behind our homes. That is a minimum of 18-36 windows facing our homes, 6-18 ac units behind our homes and absolutely no buffer or security measures. I have taken the liberty of visiting DR Horton's new community, Meadowood, on Collier Boulevard to provide some perspective as to what they are planning to put in Soluna. Please see attached photos below taken from Meadowood that back up to Brittany Bay and Indigo Lakes. As you can see, there is 23 ft from the back of the townhome to the fence on both sides of Meadowood's property and a completely visual opening on both sides. When you look at the photos between Meadowood and Indigo Lakes, there is absolutely NO privacy between the two properties. This is unacceptable. We are unwilling to wait 5 years for some bushes to grow in between the properties, when there is already adequate vegetation between the two communities. Having a 6 ft fence put up without adequate landscaping is meaningless, as any child or adult can climb the fence without a problem. Packet Pg. 1775 17.B.d Construction will be happening around these homes and with an adequate buffer this is a HUGE liability for RWA, DR Horton and Collier County for not protecting this community or Soluna. If a small child can freely roam between these two properties and get hurt, this will not have a happy ending. If someone can walk into our community and roam freely and someone gets injured or there is a loss of property, this will be another significant problem. In light of these facts, I am requesting the County take a serious look at these issues, so that these problems can be avoided. We are requesting a meeting with the County prior to the zoning change meeting. This is of an imperative nature. 15t picture- property appraiser, actual distance c°n 2nd- pink pipe represents Soluna property line to Indigo fence CO 3rd- represents the back of the townhome to the fence 23 ft, which is nothing and what they are proposing here 41"- finished product- zero privacy and clearly both sides of the fence can see L everything and everybody. And they don't even want to put a fence in Soluna! St" — what it looks like all the way down r- 6t" from the road in Meadowood (front of a new townhome) to Indigo backyard. U) Completely open. Please keep in mind how old those trees are in the back yard at a Indigo, we clearly do not have trees that old, so until they are grown it is completely open. If they leave the vegetation that is there or plant new full size that would be a different story but as you can see from the other photos they do not have any intention to do that. I look forward to hearing for you to schedule a meeting. Thank you for you time and attention to this matter. Katrina Curran Packet Pg. 1776 it •$ ' IL ■ • '#.J F+'�: 'Or -• it Rom. � �•� f' �,� 17.B.d 0 IL c 0 U) ti 00 Ln ti Packet Pg. 1778 RW 1. • f 17.B.d ... _ � . JiL 06. From: Katrina K. Curran <kkirkland77@hotmail.com> Sent: Tuesday, June 1, 2021 12:16 PM To: FinnTimothy <Timothy.Finn@colliercountvfl.gov> Cc: stefanie.nawrocki@colliercountvfl.gov Subject: Re: Canopy/Soluna Thank you for your response Mr Finn. Correct, they are not proposing 400 units, I mentioned that to state the area of Collier and Immokalee is really getting full along with all the additional housing coming in on Immokalee, that this area will soon be even more crowded than it already is. As it is, people are turning down Woodcrest to get to Vanderbilt more and more each day. During peak times of the day Packet Pg. 1780 17.B.d we are having trouble turning out of Canopy to make the left onto Tree Farm and this will only exacerbate the problem. Adding 108 townhomes on the corner of Tree Farm and Massey will make the area more congested and difficult to get in and out of. From the appearance of the current traffic study it does not take into account the growth that is occurring in this area. In addition to the traffic concerns, these particular townhomes are 38.7 ft from the back of their townhomes to my backyard. The landscaping plans currently in place are not a sufficient buffer between the two communities. This is a safety concern. There is also no type of fence or wall border between the communities making it free range for anyone. I don't know if Soluna is gated or not, but if if is not, ANYONE can come in through Soluna onto my backyard and into our community. This is a serious matter that needs to be considered. 0 We would like to schedule a meeting with the planning commission before this heads to zoning for a approval. M c I look forward to hearing from you. ro Katrina Curran ti 00 ti r Get Outlook for iOS From: FinnTimothy <Timothy.Finn @colIiercountyfl.gov> Sent: Tuesday, June 1, 2021 9:41:09 AM To: NawrockiStefanie <Stefanie.Nawrocki@colliercountyfl.gov>; Katrina K. Curran <kkirkland77@hotmail.com> Subject: RE: Canopy/Soluna Hi Stefanie/Katrina, The applicant is not proposing 400 units, they are proposing 130 units. Please see attached latest version of the Soluna RPUD document. Moreover, please see the architectural renderings of the anticipated townhomes. From: NawrockiStefanie <Stefanie.Nawrocki@colliercountyfl.gov> Sent: Friday, May 28, 20214:27 PM To: Katrina K. Curran <kkirkland77@hotmail.com> Cc: FinnTimothy <Timothy.Finn @colliercountyfl.gov> Subject: RE: Canopy/Soluna Hello Katrina: I am the planner for the PPL. The PPL cannot be approved until the rezone has been approved. All concerns for the proposed development are handled through the rezone process and neighborhood information meetings. Below is the planning project number for the rezone and the latest zoning comments from the Planner. I've copied the rezone planner on this email for additional questions. PL20210000093 Rezone Packet Pg. 1781 17.B.d Rejected Review: Zoning Review Reviewed Gy: Timothy Finn Email: Tirnothy.Flinn@coll iercou n tyfl.gov Phone 0: (239) 2524312 1, Please address dw following issues that were discussed at the 4-2 ] -21 NIM: - The public would like landscape buffering between the residential areas to the south and west of the proposed Soluna PUD - The public would like a wall bc1wren thv residential areas to the south And wrst (Vanderbilt Country Club and Canopy) of the Soluna PUD_ The public wants to retain the existing vegetation and trees and construct the wall- - The public were concemcd that the Soluna townhomcs will tower and look info their homes at Vanderbilt Country Club and Canopy, The Soluna to vnhomrs are too close to these msidencc%. -The public said that there needs to be additional spate betwevm the Soluna townhomos and the Canopy residential homes. The pubic were conccrrncd about these dimensions. d - The public would like for the agrnl to rcvisr and move the preserve arcs from the cast side of the Soluna PUD to the other side of the PUD and to not disturb any ex isting vegetation, c 0 to ti 00 LO r- Respectfully, Stefanie Nawrocki o Senior Planner Coder County Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239-252-2313 From: Katrina K. Curran <kkirkland77@hotmail.com> Sent: Friday, May 28, 2021 3:24 PM To: NawrockiStefanie <Stefanie.Nawrocki@colliercountyfl.gov> Subject: Canopy/Soluna EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ms. Nawrocki, Packet Pg. 1782 17.B.d I am reaching out to you regarding the proposed Soluna development off of Tree Farm Rd. I just cc'd you on an email to the engineers for the development along with some of our concerns. My neighbors and I would like to schedule a meeting with you along with the planning and zoning committee regarding this development as soon as possible. This area is not big enough (no matter how small) for another development especially with the 400 apts coming in and all the additional houses being built on Immokalee Rd. We would like the county to consider an alternate use for the land. a I look forward to speaking with you regarding this matter and scheduling a meeting in the future. 0n Thank you, CO r Katrina Curran r 3601 Canopy Cir L 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. Packet Pg. 1783 17.B.d From: PAUL HUTCHINSON <hutchpm@aol.com> Sent: Tuesday, August 10, 2021 8:34 PM To: FinnTimothy Cc: Dennis Vila; Richard Ceresa; Richard Crisanti; Andrei Ghelman; Mike LoVerde; Paul Hutchinson Subject: Concerns about the proposed Soluna Development. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Timothy Great talking to you today. As I said, I will be unable to attend the meeting on the 19th in person, I will try to attend via zoom. A member of our BOD for Mockingbird Crossing should be there in person. To ensure our concerns are part of the upcoming meeting could you submit my observations for review by the committee. My initial concerns are: I can find no notification of the proposed development to the Mockingbird Crossing Association. We are located directly across Massey Street from the proposed development so I am not sure why we were not notified. Additionally, DR Horton was the developer of our community so they had first hand knowledge of our proximity to Soluna. Do you have any documentation of notification for our community? We became aware of the development, as I said today, as a result of the public sign. I did see notification on the county website that Vanderbilt Country Club was notified. And the HOA to the east of the proposed site was also notified. Do you know if the development to the North was notified and if they have any concerns? I was glad to see that concerns identified by Vanderbilt Country Club we're addressed in the form of plantings and setbacks. The current planned opening onto Tree Farm Road is acceptable to us, however we would oppose any changes that would increase traffic on to Massey Street. The current planned preserve along Massey Street is acceptable and we would advocate for maintaining that preserve in both size and location. I reviewed the current traffic study and I have concerns about the future traffic along Woodcrest and Massey. How did the study assumptions take into account the current developments that are still under construction? We have seen a two or three fold increase in pass thru traffic along Woodcrest and Massey as traffic is increased along Collier. Additionally as traffic signals are added along Collier and Immokalee along with the current construction at the corner of Immokalee and Collier we have seen the traffic along Woodcrest and Massey increase as people move between Vanderbilt and Immokalee. The proposed construction increases along Vanderbilt between Collier and Wilson will also increase traffic along Massey and Woodcrest. How was all of this already approved projects taken into account as part of the traffic study? Please ensure these concerns are addressed at the meeting on the August 19 as part of the NIM. Additionally, how can we ensure we are given proper notification of future meetings and changes to this project. Regards: 0 a M c 0 Cn ti 00 ti r Packet Pg. 1784 17.B.d Paul Hutchinson President, Mockingbird Crossing Association. 978-884-7998 Hutchpm@aol.com 0 a m c 0 Cn ti 00 ti r a+ R N L d J C O r N O Q Q u C+ r Q Packet Pg. 1785 17.B.d f: L,ADAMCZYK LAW FIRM, PLLC REAL ESTATE. COM)o/HOA & BUSINEss LAW DONALD S. BOYD, ESQ. DONALD@ADAMCZYKLAWFIRM.COM August 11, 2021 VIA REGULAR U.S. MAIL AND CERTIFIED U.S. MAIL RETURN RECEIPT REOUESTED: 9414811899561484647643 Collier County Growth Management Department Comprehensive Planning Section Attn: Sue Faulkner, Principal Planner, GMP c 2800 Horseshoe Drive N. o Naples, FL 34104 C.n ti 00 Re: Soluna RPUD (PUDZ) / Planning Project Application No. PL20210000093 ti r a+ Dear Ms. Faulkner: Our law firm serves as general counsel for the Canopy Neighborhood Association, Inc. (hereinafter "Association") which is the governing entity for the Canopy of Naples neighborhood located along Tree Farm Road (off of Collier Boulevard, between Immokalee Road and Vanderbilt Beach Road). The Association has directed our office to reach out to the Collier County Comprehensive Planning Section concerning the pending Soluna RPUD application. We understand that a number of the concerns from residents of Canopy and the neighboring Vanderbilt Country Club community were expressed at the neighborhood informational meeting held on April 21, 2021. With that noted, the Association requested that we formally submit the residents' concerns regarding the Soluna development with the hopes that the County will take these into consideration when reviewing the Soluna RPUD application. The Association's specific concerns are set forth in the bulleted list below: The Association is concerned with the sufficiency of the buffer between the communities and is requesting sufficient buffer requirements, privacy wall barrier, and screening between the Canopy and Soluna communities in accordance with s. 4,06.02 of the Collier County Land Development Code ("LDC") or in excess of the intent of the Code. The Association wants to ensure that the type and number of plantings along the landscape easement in Soluna are of sufficient size, quantity and density to provide sufficient screening. There are also a number of fully grown native pine trees on the border of the Soluna property. The Association would like for the County to require that as many of these mature pine trees be retained as possible and any supplemental plantings be provided to satisfy the buffer and preserve requirements in accordance with s. 3.05.07 of the LDC. 9130 GALLERIA COURT, SUITE 201 1 NAPLES, FLORIDA 34109 239,631.61991 WWW.ADAMCZYKLAWF[RM.COi1M Packet Pg. 1786 17.B.d A DAMC ZYK LAW FIRM P L LC REAL ESTATE, CONDO/MOA & BUSINESS LAW DONALD S. BOYD, ESQ. DONALD@ADAMCZYKL A W FIRM, COM • The Association is concerned with the noise pollution and proper screening of all air conditioning units, vents, etc. To the extent the air conditioning units are rooftop -mounted, the Association would request sufficient screening to shield the units from view. The Association also requests all air conditioning units in the Soluna townhomes have proper screening and sound deadening barriers to reduce noise. The subject site is currently only zoned for four (4) dwelling units per acre, or a total of 74 dwelling units. The applicant is seeking approval to increase the density to seven (7) dwelling units per acre, or a total of 130 dwelling units, which is the maximum in -fill amount per gross acre that can be added. The Association believes that with the proposed c construction of 130 townhouses in Soluna, the density per acre is too great compared to �!? other surrounding communities in the area and would be incompatible with the surrounding 00 land uses. ti Should you or anyone else from the County wish to discuss the above items in further detail, our office would be pleased to facilitate a meeting with representatives from Canopy. The Association appreciates your time and attention to this matter. Sincerelv. For the r irm DSB/yhm cc: Timothy Finn, Principal Planner (via email: Timothy-Finnn a Colliercountyfl.gov) Canopy Neighborhood Association, Inc. c/o Guardian Property Management 6704 Lone Oak Blvd. Naples, FL 34109 9130 GALLERIA COURT, SUITE 201 1 NAPLES, FLORIDA 34109 239.631.6199 1 WWW.ADAMCZYKLAWFIRM.COM Packet Pg. 1787 ENGINEERING February 26, 2021 Intake Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Soluna Residential PUD Rezone (PUDZ)—Submittal #1 PL20200002165 Intake Team: Pursuant to the pre -application meeting held on February 3, 2021, RWA, Inc., is pleased to submit, on behalf of our client, this PUD Rezone Application for property located at 1555 Massey St., Naples, FL 34120. As part of this cover letter, please see the attached Narrative Statement describing the project as well as the following items included pursuant to the application Submittal Requirement checklist: 1. One (1) copy of the Narrative Statement; 2. One (1) copy of completed PUD Rezone Application, including Statement of Utility Provisions; 3. One (1) copy of the Pre -Application Meeting Notes; 4. One (1) copy of the Affidavit of Authorizations, signed and notarized; 5. One (1) copy of the Property Ownership Disclosure Form; 6. One (1) copy of the Covenant of Unified Control, signed and notarized; 7. One (1) copy of the Completed and Approved Addressing Checklist; 8. One (1) copy of the Warranty Deed; 9. One (1) copy of List of Owners and all parties of corporation; 10. One (1) original of the Boundary Survey (ALTA), signed and sealed; 11. One (1) copy of Architectural Renderings; 12. One (1) copy of Current Aerial Photograph with project boundary and FLUCFCS Codes; 13. One (1) copy of the Environmental Data Requirements & Protected Species Survey; 14. One (1) copy of the Traffic Impact Study; 15. One (1) copy of the School Impact Analysis Application; 16. One (1) copy of the Completed Exhibits A-F; a. Exhibit A: List of Permitted Uses; b. Exhibit B: Development Standards; c. Exhibit C: Master Plan; d. Exhibit D: Legal Description; e. Exhibit E: List of Requested LDC Deviations; and f. Exhibit F: List of Development Commitments; Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\Submittal 41 Working Docs\01 2021-02-26 Cover Lettecdocx 17. One (1) copy of the Requested Deviations with Justifications; 18. One (1) copy of the Conceptual Master Plan in 24" x 36" format and 8 %" x 11" format; and 19. One (1) copy of a Conceptual Stormwater Management Plan Additionally, one (1) electronic copy of all required documents have been uploaded to the GMD Public Portal. The PUDZ review fees, a Total of $19,087.50, for the PUD Rezone, Comprehensive Planning Consistency Review, Environmental Data Requirements, Listed/Protected Species Review, Transportation Review, and Legal Advertising Fees will be paid upon receipt of the Payment Slip. We look forward to your review and are available to answer questions related to this application. Sincerely, RWA, Inc. Kenrick S. Gallander, AICP Director of Planning Attachments: Application Submittal Requirements (listed above) cc: Mr. Wayne Everett Mr. Mark Brumfield Mr. Richard Yovanovich, Esq. RWA File: 200061.00.03 Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com JRM�-" ENGINEERING NARRATIVE STATEMENT Soluna Residential Planned Unit Development (RPUD) A PUD Rezone (PUDZ) The subject property is located on a single 18.5 +/- acre parcel of land (Property ID No.: 00205280007) located southwest of the intersection of Tree Farm Road and Massey Street (See figure 1). The specific address is 1555 Massey St., Naples, FL 34120. The owner of this subject property is Sun Broadcasting, Inc., and the applicant for this Residential Planned Unit Development Rezone (PUDZ) is D.R. Horton, Inc. The subject property is, by reference, an "infill parcel" per Land Development Code (LDC) Section 4.07.02.A.2, - less than 20 acres, surrounded by at least two common boundaries that are developed and overall located in a heavily developed residential area of Collier County. The Future Land Use Map (FLUM) designation is Urban (Urban - Residential Subdistrict) as provided on the FLUM of the Collier County Growth Management Plan (GMP). The current zoning district is Rural Agriculture (A). Figure 1. Subject Property Location Map The following narrative and attached materials/documentation will further address those applicable criteria as outlined in accordance with the LDC subsection 10.02.13.B.a-h. Page 1 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01 a Narrative Statement FINAL.docx ENGINEERING 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 subject property is vacant, with a current zoning designation as Rural Agriculture (A). The property is bounded by residential development with the Vanderbilt Country Club Planned Unit Development (PUD) to the south and the Buttonwood Preserve Residential Planned Unit Development to the west. The subject property is adjacent to the Tree Farm Road public right-of-way to the north and Massey Street public right-of-way to the east. See Table 1 below. Table 1: Surrounding Area Analysis Future Land Use District Zoning District Existing Uses NORTH Urban — Mixed Use RPUD (Warm Springs) Public right-of-way SOUTH Urban — Mixed Use PUD (Vanderbilt Country Club) Residential EAST Urban — Mixed Use Rural Agriculture (A) Public Right-of-way; WEST Urban — Mixed Use RPUD (Buttonwood Preserve) Residential The Soluna RPUD is proposed to develop a maximum of 130 townhome residential dwellings on the 18.5 +/- acres. This proposed residential use is consistent with the surrounding areas' residential land use pattern. A rezone of the subject property from Rural Agriculture (A) to a Residential Planned Unit Development (RPUD) will allow for a more consistent residential land use patten, which more accurately reflects the intent of the FLU designation and is consistent with the abutting residential uses bounding the project site. All necessary utility infrastructure is in place adjacent to the subject property to support the proposed residential development. 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 a public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant, D.R. Horton, Inc., is the contract purchase of the entire 18.5+/- acre subject property. Operation and maintenance responsibility for private areas and facilities shall be assigned to the developer until conveyance to a property owners association at the appropriate time. Further, the proposed RPUD documents make appropriate provisions for the continued operation and maintenance of common areas. Page 2 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01a Narrative Statement FINAL.docx ENGINEERING 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.) The proposed infill residential development allows for residential uses, amenity areas, water management lakes, preserves, open space and internal roadways with sidewalks. The project is designed in compliance with the goals, objectives, and policies set forth in the Collier County Growth Management Plan (GMP) as follows: 1. The subject property is located within the Urban Designation; Urban Mixed Use District; Urban Residential Subdistrict on the Future Land Use Map of Collier County GMP. According to the GMP, the Urban designated areas are planned for the majority of the county's population growth due to the existing or projected urban facilities and services, and thus a majority of the most intensive land uses and greatest densities will occur within these areas. Additionally, the purpose of this district is to provide for the most variety of residential uses densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated to serve the urban environment. The Urban designated areas will allow for both residential and a various non-residential uses. The Urban Residential Subdistrict allows for an overall maximum of 16 dwelling units (du) per acre. The Soluna RPUD is requesting a maximum density of 7 du/acre. The Urban Residential Subdistrict permits a base density of 4 dwellings units (du) per gross acre in accordance with the Collier County GMP Density Rating System (Section B.1.a). Additional Density Bonuses (3 du/acre) are achievable by meeting specific criteria listed in the GMP's Section B.2.d to encourage residential in -fill in urban areas. The Soluna RPUD will meet the requisite criteria under Section B.2.d: d. Residential In fill: To encourage residential in fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; YES. (b) At time of development, the project will be served by central public water and sewer; YES. (c) The project is compatible with surrounding land uses; YES, BASED ON SURROUNDING RESIDENTIAL USES, OPEN SPACE, AND BUFFERING. (d) The property in question has no common site development plan with adjacent property, YES. (e) There is no common ownership with any adjacent parcels, NO ADJACENT PARCELS ARE OWNED BY THE CURRENT OWNER OR APPLICANT. Page 3 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01a Narrative Statement FINAL.docx ENGINEERING (f) The parcel in question was not created to take advantage of the in fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989, YES, THE PARCEL WAS NOT CREATED TO TAKE ADVANTAGE OF THIS SECTION AND WAS RECOGNIZED PARCEL PRIOR TO JANUARY 10, 1989. (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands, UNDERSTOOD, and (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. UNDERSTOOD. 2. As set forth in Objective #3 of the FLUE, all improvements for the Soluna RPUD are planned to be compliant with land development regulations where applicable and as set forth in our PUD development standards and deviations. 3. This proposed development addresses GMP objectives including Future Land Use Element (FLUE) Policies 5.3, 5.5, 5.6, and 5.7 in that the site is located in an urban designated area with available urban services and existing infrastructure. It is a Planned Unit Development project which provides residential infill development in an area specifically designated for urban uses and urban densities. The subject property's location in relation to existing or proposed community facilities and services constitutes an appropriate area for the development of residential land uses as intended in Objective 3 Policy 5.5 of the Future Land Use Element (FLUE). The presence of schools, public facilities, medical facilities, office uses, and emergency services are all within short distance of the subject property as well as water and wastewater treatment services, demonstrate that the proposed residential development will be appropriately served. 4. The proposed infill residential development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.6 of the FLUE through the proposed residential uses, internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The Soluna residential development will be consistent and compatible with existing adjacent residential uses. The proposed development standards are consistent with those found in the Vanderbilt Country Club, Buttonwood Preserve and Warm Springs PUDs. Similar to those projects, Soluna will have a unified architectural theme and landscaping, common open space, a recreational amenity area, and restricted access for the residents and their guests. The proposed development standards limit the scale of the units and height limits (2 stories) furthering consistency with the existing residential developments to the north, south, and west. Page 4 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01a Narrative Statement FINAL.docx ENGINEERING The proposed 15' Type "A" buffers along the south and west adjacent to existing residential are consistent with buffering and landscaping standards approved and applied throughout this area and the County. The project is designed with the internal roadway network adjacent to the proposed buffer, thus providing additional distance from the neighboring residents. An extensive preserve area along the northeast and eastern portion of the Soluna development will provide further buffering from adjacent uses to the east, while also retaining more of the native natural setting the community desires. 5. The proposed property is adjacent to Tree Farm Road and Massey Street. Both roadways are neither a county classified arterial nor a collector road. In accordance with the Master Plan, the development will connect to Tree Farm Road. Based on the existing roadway classifications and project's accessway connection, the proposed development is consistent with the intent of Policy 7.1 of the GMP. The project provides for an internally looped roadway system, which is consistent with Policy 7.2 to encourage such development design to reduce vehicle congestion on nearby roadways. Policy 7.3 is not applicable to this project as the surrounding developments are developed with no opportunity to inter- connect to other internal local streets. The proposed RPUD provides the area with a potential housing options that differ from what currently exists in the area, which is predominantly single-family detached development. The project is requesting a density that will allow the development of townhomes or duplexes, which will diversify the housing stock and provide housing choices, while still providing a quality community consistent with the area and will include amenity areas, preserve, open space, and internal roadways and pedestrian connectivity to solicit walkability and smart growth initiatives consistent with Objective 7 and Policy 7.4 of the GMP. 6. A Traffic Impact Statement, dated February 23, 2021, has been prepared for the subject project. The TIS concludes there is available capacity within the adjacent transportation network, and thus, consistent with Policy 1.3 of the Transportation Element. 7. Goal 6 of the GMP's Conservation and Coastal Management Element (CCME) seeks to ensure identification, protection, conservation, and to appropriately use native vegetative communities and wildlife habitat. The project, a proposed residential in -fill development on land great than 5 but less than 20 acres and not within the Coastal High Hazard Area, is consistent with the supporting Policy 6.1.1 and the implementing regulation under LDC Section 3.05.07.13.1 by providing 1.45+/- acres of preserve, which meet or exceeds 15% of 9.67+/- acres of existing native vegetation and identified disturbed lands. Page 5 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01a Narrative Statement FINAL.docx ENGINEERING 8. Goal 7 of the GMP's Conservation and Coastal Management Element (CCME) seeks to protect and conserve the county's fisheries and wildlife. A Protected Species Assessment was conducted on the subject site. The assessment concluded the project, as proposed, is consistent with all the applicable Goals and Objectives of the CCME of the GMP. Thereby, consistent with all applicable federal and state permitting requirements regarding listed species protection concurrent with Policy 7.1.4 of the CCME. 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. As previously stated, the property is bounded to the south and west by residential uses and public right-of-way to the north and east. The proposed residential uses, site design, orientation of structures, architectural elements, proposed development standards, placement of buffering/screening, and open space provided further emphasizes its compatibility with the surrounding area, e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed development will meet or exceed the minimum 60% open space requirements of the Collier County LDC. Usable open space in the form of a recreational area, common areas, pedestrian walkways, lakes, and a preserve will be provided throughout 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. Public and private improvements and facilities are available for the site. Water and sewer service is available. Roadway capacity as confirmed by the provided TIS. Drainage is adequate for the site. Waste management, cable, electric, and telephone service are available. Adequate schools, police, fire, bus, park, and health care facilities are within the proposed development's service area. Payment of impact fees and timing of adequate public facilities certification are mechanisms to assure the development is appropriately serviced. g. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed residential community is an ideal infill project that is compatible with surrounding residential uses and is appropriate for the general area and the specific property. Page 6 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01a Narrative Statement FINAL.docx JRM�-" ENGINEERING 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. The proposed development conforms with the intent of the PUD regulations by establishing uses and development regulations that are consistent with similar residential developments adjacent to and throughout Collier County. The requested deviations provide design flexibility that will help improve the overall project while not causing any adverse impact the public health, safety, and welfare. Page 7 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal #1\01 a Narrative Statement FINAL.docx CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑■ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): SUN BROADCASTING, INC. Name of Applicant if different than owner: D. R Address: 10541 Six Mile Cypress City: Ft. Telephone: Cell: E-Mail Address: jweverett@drhorton.com HORTON, INC. Myers State: FL Fax: ZIP: 33966 Name of Agent: Kenrick S. Gallander, AICP (SEE LIST OF ADDITIONAL AGENTS) Firm: RWA, Inc. Address: 6610 Willow Park Telephone: 239-597-0575 City: Naples State: FL ZIP: 34109 Cell: Fax: E-Mail Address: kgallander@consult-rwa.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 t,EZONE REQUEST This application is requesting a rezone from: Rural Agriculture (A) Zoning district(s) to the Residential Planned Unit Development (RPUD) zoning district(s). Present Use of the Property: Public Infrastructure - Utility (Communication Towers) Proposed Use (or range of uses) of the property: Residential with Amenity Areas Original PUD Name: N/A Ordinance No.: N/A 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: L_J j s 26E Lot: N/A Block: N/A Subdivision: N/A Metes & Bounds Description: See attached. Plat Book: N/A Page #: N/A Property I.D. Number: 00205280007 Size of Property: 1,2870 ft. x 629.1 ft. = 809,689 Total Sq. Ft. Acres: 18.5 Address/ General Location of Subject Property: 1555 Massey Street Southwest of the intersection of Tree Farm Road and Massey Street. PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑■ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N RPUD (Warm Springs) Tree Farm Road; Residential S PUD (Vanderbilt County Club) Residential E A Massey Street; Residential W RPUD (Buttonwood Preserve) 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/� N/� N/A Lot: NSA Block: NSA 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/Index.aspx?page=774. Name of Homeowner Association: Vanderbilt Country Club Homeowners Association Mailing Address: 8555 Danbury Boulevard #105 City: Naples State: FL ZIP: Name of Homeowner Association: 34120 Mailing Address: City: State: ZIP: 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: March 4, 2020 Page 3 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov 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. March 4, 2020 Page 4 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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. March 4, 2020 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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): D.R. HORTON, INC. Address: 10541 Six Mile Cypress Telephone: Cell: E-Mail Address: jweverett@drhorton.com City: Ft Myers State: FL Fax: Address of Subject Property (If available): 1555 Massey Street. City: Naples State: FL ZIP: 34120 ROPERTY INFORMATION Section/Township/Range: 3/4/26 Lot: N/A Block: N/A Subdivision: N/A Metes & Bounds Description: See attached. Plat Book: N/A Page #: N/A Property I.D. Number: 00205280007 ZIP: 33966 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: Collier County Utilities d. Package Treatment Plant ❑ (GPD Capacity): 2.5 MGD e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: Collier County Utilities Total Population to be Served: 325 based on potential of 130 max. units. Peak and Average Daily Demands: A. Water -Peak: 128.3 gpm Average Daily: 45,500 gpd B. Sewer -Peak: 91.6 gpm Average Daily: 32,500 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: June 2022 March 4, 2020 Page 6 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov 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. The sewage treatment process used and method of affluent disposal will be via the existing development's connection to the existing Collier County's Sewage Disposal Utility System lines along Tree Farm Road. 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. Acknowledged. 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. March 4, 2020 Page 7 of 11 CACT Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (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 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development ( 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 Owner Printed Name The foregoing instrument was acknowleged before me by means of ❑physical presence or❑online notarization this day of , 20_, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me ❑Has produced a current drivers license ❑Has produced as identification. Notary Seal Notary Signature: March 4, 2020 Page 8 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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 ❑ ❑ 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 ❑ ❑ 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. ❑ 0 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ ❑ Historical Survey 1 ❑ ❑ School Impact Analysis Application, if applicable 1 ❑ ❑ Electronic copy of all required documents 1 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 March 4, 2020 Page 9 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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 %2" 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 X Exhibit D: Legal Description X Exhibit E: List of Requested LDC Deviations and justification for each X Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: X❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson XI Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) X1 Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: 4SSOCIATED FEES FOR APPLICATION ® Pre -Application Meeting: $500.00 PAID X 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 ® 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 ® Transportation Review Fees: o 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 March 4, 2020 Page 10 of 11 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.pov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 51 and subsequent re -submittal will be accessed at 20% of the original fee. Digitally signed by Kenrick Kenrick Gallander Gallander 02-26-2021 Date: 2021.02.26 1015:04-05'00' Signature of Petitioner or Agent Kenrick Gallander Printed named of signing party Date March 4, 2020 Page 11 of 11 Co M er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUD Rezone (PUDZ) DateanclTime: Wednesday 2/3/2021 Assigned Planner: Tim Finn Engineering Manager (for PPL's and FP's): Project Information Project Name: Soluna Residential PUD (PUDZ) PL#: 20210000093 1:30 PM Property ID #: 205280007 Current Zoning: Agriculture (A) Project Address: 1555 Massey St City: Naples State Applicant: Kenrick Gallander - RWA, Inc. FL Zip: 34120 Agent Name: Kenrick Gallander, AICP phone: 239-597-0575 66 Willow Park Dr STE 200, NapleFL 34109 s Agent/Firm Address: City: State: Zip: Property Owner: Sun Broadcasting Inc. Please provide the following, if applicable: i. Total Acreage: 18.21 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. V. vi For Amendments, indicate the original petition number: If there is an Ordinance or Resolution associated with this project, please indicate the type and number: If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Gov er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliercountvfi.gov (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.colliercountyfl.gov/Home/ShowDocument?id=75093 Z6 tv i &v Cy '1—twt / , ry W ;TusT r0LCOL_, Pu is P6, 2. �A u 1U i I oL- I,�ib c,c �rl.►�S iron. � �- i l c� '� � Id-� �i9-w'y•Q.yl� '� S �� P(r. '� ..�-r <> 13 C � Al`cam _ u �bo F 46 -F S i Z� 'To &c, 12 e _ A.0 S e i55�ev 8-V z,S z a. (J "2 ,-/ 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(a)naplesgov.com Allyson Holland AMHolland (a)naplesgov.corn Robin Singer RSingerCQnaplesgov.com Erica Martin emartin(o)naplesgoy.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 1/12/2021 Page 1 2 of 5 ThomasClarkeVEN From: FinnTimothy Sent: Wednesday, February 03, 2021 2:45 PM To: ThomasClarkeVEN Subject: Pre-App - PL20210000093 - Soluna Residential Planned Unit Development (PUDZ) Attachments: PUD Template.docx Follow Up Flag: Follow up Flag Status: Completed Hi Thomas, The only pre-app note I have is to follow the PUD Template attached to this email Timothy Finn, AICP Principal Planner C;0 7 County Zoning Division NOTE: New Email Address as of 1210912017: Timothy. Finn @ col liercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. �- SQ -e. IQ 7 T,'f0C , +ue.v ' 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. 1 ThomasClarkeVEN From: Beard Laurie Sent: Wednesday, February 03, 2021 1:45 PM To: FinnTimothy; ThomasClarkeVEN Subject: Pre-App - PL20210000093 - Soluna Residential Planned Unit Development (PUDZ) Pre-app notes for PUD Monitoring: A PUD Density Schedule will be required. No annual monitoring report is required. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie. Beard(d)CollierCountvFL.aov Phone: (239)-252-5782 v Er � V- SIlkE V 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. PU, q.(3, ThomasClarkeVEN From: SawyerM ichael Sent: Wednesday, February 03, 2021 3:32 PM To: ThomasClarkeVEN Cc: FinnTimothy Subject: Pre app notes for Soluna Follow Up Flag: Follow up Flag Status: Flagged Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Make sure to include Vanderbilt Extension -Improvements in the TIS calculations. Provide developer commitment for trip limit based on TIS using standard language: "The maximum total daily trip generation for the PUD shall not exceed two-way PMpeak 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. " Thanks, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyerkcolliercountyfl.gov 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. P&.�.0 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ';%3 /a Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 P(239) 252 400 PS �L ZUZI Ucc)(:L)o17 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. Comp Planning: PL20210000093 - Soluna Residential Planned Unit Development (PUDZ). The subject site is Urban Designation; Urban Mixed Use District; Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. The FLUE states that the purpose of the Urban Designated areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban designated areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban area will accommodate residential uses and a variety of non-residential uses. The applicant stated that the proposed use is 130 DUs (all townhomes) with a density rate of approximately 7 DU/A. According to the applicant, the site is approximately 18.5 ac. The site is allowed a base of 4 DU/A; however the applicant wishes to utilize Residential Infill to increase the density from 4 to 7.0 DU/A, as described in the Density Rating System of the FLUE. They propose to purchase a total of 19 TDRs from a sending area to increase the density to 7 DU/A. Please address FLUE Policies 5.6 for compatibility and FLUE Policies 7.1- 7.4 in the application. Updated 7/24/2018 Q,®i Page 1_2-of 5 cover County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes /7-•- 96dwtn"iA-CV%y -- PfC4& O(CL — Self- P&, - br—LLLi L lrLK'�tii Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 ThomasClarkeVEN From: TempletonMark Sent: Wednesday, February 03, 2021 3:02 PM To: ThomasClarkeVEN Subject: RE: Updated Exhibits- FW: Pre-App Supplemental Form for Soluna Residential PUD (PUDZ) - PL20210000093 - Virtual Meeting on Wednesday 2/3/21 at 1:30 PM Follow Up Flag: Follow up Flag Status: Flagged Thomas, Below are the landscape notes for this one: Landscape: Label buffers on the master plan. 20' Type D buffers along roads. 15' Type 8 buffers where abutting single family residential. Include note about the preserve acting as the buffer and show the 6' wide reservation outside of the preserve to be used for plantings if needed after removal of exotics. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review CoI[ier CoH.nty Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@ col liercountyfl.gov> Sent: Wednesday, February 3, 2021 9:31 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; JosephitisErin <Erin.Josephitis@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; PollardBrandi <Brandi.Pollard @colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> IP( -3 A ThomasClarkeVEN From: OrthRichard Sent: Wednesday, February 03, 2021 2:13 PM To: ThomasClarkeVEN Cc: KurtzGerald Subject: RE: Updated Exhibits- FW: Pre-App Supplemental Form for Soluna Residential PUD (PUDZ) PL20210000093 - Virtual Meeting on Wednesday 2/3/21 at 1:30 PM Attachments: Exhibits.pdf Follow Up Flag: Follow up Flag Status: Flagged Thomas, Please include the following comments into the discipline for Stormwater Management. • The project is within the 951 North Canal Basin and should be designed with a discharge rate of 0.11 cfs/acre. • Please provide a stormwater management plan identifying the approximate outfall location, management of any off -site flows into, around or through the property and associated drainage easements (existing or proposed). • Please provide a stormwater outfall flow path with an evaluation for capacity and elevation to the 951 canal so off -site impacts can be evaluated/addressed/dismissed. • Please coordinate a meeting with Stormwater Management Section staff Richard Orth, P.G. or Gerald Kurtz, P.E. if other options or deviations are to be considered in managing the stormwater discharged from this development. Sincerely, 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 239-276-3085 RicharclOrth@CollierGov.Net From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, February 03, 2021 9:31 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown @colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; JosephitisErin <Erin.Josephitis@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; PollarclBrandi <Brandi.Pollard @colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Subject: Updated Exhibits- FW: Pre-App Supplemental Form for Soluna Residential PUD (PUDZ)-PL20210000093 - Virtual Meeting on Wednesday 2/3/21 at 1:30 PM Good Morning All, P6.3.6. ThomasClarkeVEN From: CookJaime Sent: Wednesday, February 03, 2021 2:04 PM To: ThomasClarkeVEN Subject: Soluna RPUD Pre-App Notes Hi Thomas, Environmental notes for the Soluna RPUD pre-app: • Provide FLUCFCS maps showing vegetation on -site • 15% preservation of the native vegetation on -site will be required. • Show the preserve calculations on the site plan. • Provide Listed Species Survey • Provide setbacks in the Development Standards table and the Master Plan • Address CCME goals 6 and 7 As a note, there is an SDPI ,(AR-13922) from 2008 that shows the preserve for the communication tower site in the NE corner of the property. I've ordered a copy of the original SDP (89-217) from our records department and we can have further discussion on the location of the preserve or if your proposed location will work. Thanks! Respectfully, Jaime Cook Principal Environmental Specialist Cv Ier County Development Review Division Exceeding Expectations, Every Day.! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.6290 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! P6 3C ThomasClarkeVEN From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Thomas, FeyEric Wednesday, February 03, 2021 2:19 PM ThomasClarkeVEN RE: Updated Exhibits- FW: Pre-App Supplemental Form for Soluna Residential PUD (PUDZ) PL20210000093 - Virtual Meeting on Wednesday 2/3/21 at 1:30 PM Sun Broadcasting.pdf Follow up Flagged Here are my notes from the pre -application meeting along with the water and wastewater service availability letter I mentioned: Central water and wastewater services are available via existing mains along Tree Farm Road and Massey Street, as identified in the attached 11512021 availability letter. With fee simple ownership of the townhomes, a water main loop through the project, between Tree Farm Road and Massey Street, is encouraged for improved reliability over master metering. As mentioned in the availability letter, there may be an opportunity to extend services to the property when Massey Street is improved as part of the Vanderbilt Beach Road Extension project. On the Statement of Utility Provisions, please use 350 GPD per dwelling unit for average daily water demand and 250 GPD per dwelling unit for average daily wastewater flow, and use maximum 3-day peaking factors of 1.3 and 1.5 respectively. You do not need to add demand for the amenities as they will exclusively serve the residents. Respectfully, Eric Fey, P.E. Principal Project Manager Co -rer County Public Utilities Engineering & Project Management Division Continuous Improvement 3339 Tamiami Trail East, Suite 303, Naples, Florida 34112-5361 Phone: 239.252.1037 Cell: 239.572.0043 "HOW ARE WE DOING?" Please click here for our Customer Service Survey From: ThomasClarkeVEN <Thomas.Clarke@ col liercountyfl.gov> Sent: Wednesday, February 3, 20219:31 AM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Bea rd@colliercountyfl.gov>; BrownCraig <Craig.Brown@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; JosephitisErin <Erin.Josephitis@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; PollarclBrandi <Brandi.Pollard @colliercountyfl.gov>; AshkarSally P& . 3. bw 1 Co 7CY C014 ty Public Utilities Department Engineering & Project Management Division January 5, 2021 VIA: E-MAIL Rolf A. Pierre rpierre@consult-rwa.com RWA Engineering. 6610 Willow Park Drive Suite #200 Naples, FL 34109 Subject: Water and Wastewater Service Availability Project: Sun Broadcasting Parcel #: 00205280007 Dear Rolf: The subject project is within the Collier County Water -Sewer District's (CCWSD) water and wastewater service areas. Water service is readily available to the project via an existing 14" HDPE water main on the north side of Tree Farm Road and a 12" PVC water main on the east side of Massey Street. Unless served by a master meter, the project shall include two independent connections to the potable water system, as required per subsection 2.2.2 of the Design Criteria. Potable water is available for domestic use, fire protection, and irrigation, subject to the provisions of LDC 4.03.08 C, the Collier County Irrigation Ordinance (2015-27), and other applicable rules and regulations. Wastewater service is readily available to the project via an existing 8" HDPE force main on the north side of the parcel. Be advised that the force main is inaccessible between the plug valve near the proposed entrance (SV1930) and the air release valve near the roundabout (CV2108). This segment was installed by horizontal directional drilling and is too deep to make a connection. Wastewater service is also readily available to the project via an existing 4" PVC force main on the east side of Massey Street. Additionally, the developer has the opportunity to have water and wastewater services extended across Massey Street as part of the Vanderbilt Beach Road extension. For additional information related to this future project, please coordinate with Mario Puente with Collier County Transportation Engineering (239-252-5828, Mario. Puente@colliercountyfl.gov). Connections to the CCWSD's water distribution and wastewater collection/transmission systems will be permitted only in the locations referenced herein, or in a superseding utility service availability letter, and only after the GMD Development Review Division's approval of hydraulic calculations prepared by the Developer's EngiUg&L of Record in accordance with the Design Public Utilities Engineering & Project Management Division • 3339 Tamiami Trail East, Suite 303 • Naples. Florida 34112-5361 •239-252-4285 o FAX 2�9-2255y2-55378 P Criteria found in Section 1 of the Collier County Water -Sewer District Utilities Standards Manual. Source pressure shall be verified by the results of a fire flow test not older than six months, in accordance with subsection 2.2.1, paragraph A. Please contact the Wastewater Engineering Section (WasteWaterEnginee ring coIIiercountyfl.gov) to confirm downstream wastewater transmission system capacity and force main connection pressure. Adequate capacity for this project is not guaranteed until the project receives a commitment for service. A preliminary utility plan must be reviewed and discussed at a pre -submittal conference with representatives of the Public Utilities Department and the Growth Management Department, as required by Sec. 134-58, paragraph (b)(2) of the Code of Ordinances. This conference may be conducted by email at the discretion of the Public Utilities Department. Please contact Brett Rosenblum (Brett.Rosenblum @colliercountyfl.gov) for assistance with this requirement. See the attached GIS screen shot and record drawings for approximate existing utility locations. If you have any questions, you may contact me at (239) 252-1037 or Eric.Fey@col liercountyfl.gov. Respectflly, c Fey, P.E., Prin pal Project Manager CC: Steve Messner, Division Director — Water, PUD/WD; Beth Johnssen, Division Director — Wastewater, PUD/WWD; Ben Bullert, Principal Project Manager —Water, PUD/EPMD; Dan Roman, Principal Project Manager —Wastewater, PUD/EPMD; Brett Rosenblum, Principal Project Manager, GMD/DRD; Joanna Nicholson„ Site Plans Reviewer, GMD/DRD; Utility Planning Section; Mario Puente, Senior Project Manager, GMD/TED PG.3_P,3 GIS Screen Shots _ I A' ._.-------� ar q j Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210000093 Collier County Contact Information: Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard @colIiercountyfLgov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov --// delHeidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ?""Thomas /Thomas Clarke Zoning Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Jackie De la Osa North Collier Fire 252-2312 jdelaosa@northcollierfire.com ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@ col IiercountyfLgov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov 1 John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Parker Klopf Zoning Senior Planner 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 1 slintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov El Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colIiercountyfLgov El 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 Ul"kichard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colIiercountyfLgov ❑ Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net V Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - ZoninT252-2310 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email r CiffN 6, 2-tt iS VG PLL A 1-6,-12- Lt✓1 i4'y vV % � t% �'.Z. Q 1 I -'�- "CG /L TGi .'li' 4s�" lLt f}rl.� 1 c W 1LL, A.V I W'TF C,v"`. Vi.�..Q Updated 1/12/2021 Page 1 5 of 5 C0117eV C01.1.ty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL2021000093 — Soluna Residential PUD (PUDZ) Planner- Tim Finn PRE-APP INFO Assigned Ops Staff: Thomas Clarke Jeremy Frantz,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Kenrick Gallander/239-597-0575/kgallander@consult-rwa.com • Agent to list for PL# RWA, Inc. and Kenrick Gallander • Owner of property (all owners for all parcels) Sun Broadcasting, Inc. • Confirm Purpose of Pre-App: (Rezone, etc.) Rezone. • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): The density requested is 7 du/acre in accordance with seeking density bonuses under the Growth Management Plan's Density Rating System — Residential In -fill criteria. The density requested would allow for 130 dwelling units (townhouses) on the 18.5 +/- acres of the subject property. • Details about Project: Seek approval of a rezoning from Rural Agriculture (A) to Residential Planned Unit Development (RPUD) to allow for a future development of up to 130 townhouses (multi -family dwellings). REQUIRED Supplemental Information provided by: Name: Kenrick Gallander Title: Director of Planning, RWA, Inc. Email: kgallander@consult-rwa.com Phone: 239-597-0575 Cancellation/Reschedule Requests: Contact Danny Condom ina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoning Division - 2800 North Horseshoe Drive - Naples, Florida 34104.239-252-2400 - www.colliergov.net Coter 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 percentage of such interest: c Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the )ercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Clo er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net :l e f. 0 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the g cI ICI dl dllu/ul IIIIIILCu Pdf Lrler5: Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the Is I IIL.CIJ, sLU(.Krloluers, oenerlclaries, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or IU d L.vI PL)1 dLlUll, Pdr Lrlersr11P' Ur trust: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 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. ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study )� (ri(i�zcr t,rTIOA-OF i(6 El Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 El- -Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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 ED X ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD El �, 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: ,K Exhibit A: List of Permitted Uses A� Exhibit B: Development Standards /� Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: I ASSOCIATED FEES FOR APPLICATION I X 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 F1 PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Y Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: Gy c,,(LL 31. 3�g p.tithit. To 51—,>FF o 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 March 4, 2020 Page 10 of 11 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Legal Advertising Fees: �l 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 5th and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210000093 1 JUSTIN A. ROBBINS (print name), as VICE PRESIDENT & DIVISION PRESIDENT (title, If applicable) of D. R. HORTON, INC. _ (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant Qcontract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize.RWA, INC. 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 core. 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. Unc the STATE OF FLORIDA It I have read the foregoing Affidavit of Authorization and that Date COUNTY OF Cp1 aziit- r he foregoing instru nt was sworn tQ(or affirmed) and subscribed before me on �-� t"� , _ (date) by (name of person providing oath or affirmation), as who is��nown to_�:7e or who has produced (type of identification) as identification. A- _ STAMP/SEAL gnature of otary ublic REED APATELState of Floridan # GG 964221 x ires May 7, 2024P Assn.CP\08-COA-00115\155 ational Notary REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210000093 1 JUSTIN A. ROBBINS (print name), as VICE PRESIDENT & DIVISION PRESIDENT (title, If applicable) of D. R. HORTON, INC. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize J. WAYNE EVERETT 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. Ares. 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. ry, I declare that I have read the foregoing Affidavit of Authorization and that true. (nature 9- 11 `1 1 Z: Date STATE OF FLORIDA COUNTY OF Ut-r The foregoing instrument was sworn to (or affirmed) and subscribed before me on -�2 k VIC (date) by -J S (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL t nature of Wotary Public CP\08-COA-00115\155 REV 3/24/14 'off•.,, RINAPATEL Notary Public State of Florida �` Commission N GG 964221 sor rti My Comm. Expires May 7, 2024 Bonded through National Notary Assn. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210000093 1 JUSTIN A. ROBBINS (print name), as VICE PRESIDENT 8 DIVISION PRESIDENT (title, If applicable) of D. R. HORTON, INC. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant Qcontract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize MARK BRUMFIELD 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 penaltie p ry, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated n it aWtrue. ignature STATE OF FLORIDA COUNTY OF LLA-- Date The foregoing instrunWt was sworn to (or affirmed) and subscribed before me on 0:�L%` 4 `7--1 (date) by % . (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL CP108-COA-001151155 REV 3/24/14 Signature of Notary Public fig P�, =ubid { Notary of FloridaCom64221My Comy 7, 2024"' Bonded throotary Assn. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210000093 1 JUSTIN A. ROBBINS (print name), as VICE PRESIDENT & DIVISION PRESIDENT (title, If applicable) of D. R. HORTON, INC. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize RICHARD YAVANOVICH 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 pe u , I declare that I have read the foregoing Affidavit of Authorization and that the factsritated nit re tr4b. natu `Va,1 z% Date STATE OF FLORIDA �v COUNTY OF CGt1E9� T e foregoing instrument s s rn to (or a Irmed) and subscribed before me on �-`� 1 `Z', (date) by (name of person providing oath or affirmation), as who is personally kno�me or who has produced (type of identification) as identification. STAMP/SEAL SI nature of Notary Public CP\08-COA-00115\155 REV 3124/14 Colfler county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION 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 Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by 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 Department. 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) ❑m PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See attached. FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00205280007 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1555 Massey St., Naples, FL 34120 • 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) PROPOSED PROJECT NAME (if applicable) Soluna RPUD PROPOSED STREET NAMES (if applicable) TBD SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Coflie-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: ❑• Email Applicant Name: Kenrick S. Gallander Phone: 239-597-0575 ❑ Fax ❑ Personally picked up Email/Fax: kgallander@consult-rwa.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number 00205280007 Folio Number Folio Number Folio Number Folio Number Folio Number 1 01/13/2021 Approved by: �- Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED JRM�-" ENGINEERING LEGAL DESCRIPTION SOLUNA - Residential Planned Unit Development (RPUD) A PUD Rezone (PUDZ) THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR THE PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E., ALONG THE EASE LINE OF SAID SECTION 35, FOR 668.96 FEET TO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S.89°58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02°16'57"W., ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10°08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEET TO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89°58'31"W., ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73°11'14"W., FOR 79.40 FEET; THENCE S.89°58'31"W., FOR 57.22 FEET; THENCE S.73°09'14"W., FOR 44.92 FEET; THENCE S.86°54'42"E., FOR 187.12 FEET TO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N.02°16'03"W., ALONG SAID WEST LINE, FOR 40.03 FEETTO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE N.89°58'31"E., ALONG SAID NORTH LINE, FOR 1321.91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. ,',j?+,ss�25R9Rla °Sala♦ �4e�fi� RE ,.x - - --_-- -_ —_ —t Y •. � a# I ..`,�� i r1 `.� � • rir '.,i• ! 'Aa. ..i�HlSR7�1ildRlll9ili�StlAtlR:Rt,' ., a 13..-• t�`1tl)ti!'fp SP. MAP LEGEND 77wnF�4ii�i't .. ..ilalr14 'k®tl4xirl�f�lfe dyx� •ia]flEi j!.� ,'• "'Ej 4 �]� Now �:��..edp_ �:i IV ti�--— SUBJECT. PROPERTY - _::. •' 4�R9@IR injiiii�Ri-iilmiw.. .-.:. -'�' ,�_—__.... 1 40 �Rio�iju"z •��4 ���'f � �' •r ►iw!i iliaci:% YIR�iIi�Fae •. ;,, .., , , - . I510i'sFP �Rsfii,7 '+�.d F-,•. -::: �• ..---:� .. .. II IIIIiIlII � - dig itas °Yi 07 AL . ,�.. . f..:• i�:4C Y::.� iiw 4 e:•r:�:.v:•.:. _ _ -_".ffi �d_tl' �.. .n _�,T,� •,... - �w �` -' :Aeo SwF. 4. �:� .•��/ •RAH _ , �.�� � �_ •� '; -+ �---- - _ -• , . ..ic n t MMOKALEE RD 0 0 0 0 0 0 o � Of o ACREMAKER RD w z Q cn J Q TREE FARM RD U BRISTOL IR < PROJECT D LOCATION cn D En 0 � m z m PRESWICK RADCLIFFE TEF: o LN m RAVENNA AVE � � D _w O J � 61,LO��� SANBORN AVE BUCKS RUN DR D r cn c z � z o D D z PARKSTONE PL � 0 0 VANDERBILT BEACH RD VICINITY MAP NOT TO SCALE SURVEYOR'S GENERAL NOTES: THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR THE PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. ■Z.`L`1_1►1:»:(:1�,�171��1�[� r��91►[t�:]Z.Y:7:�1:3�:�,:Z�]»:ir7 A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E., ALONG THE EASE LINE OF SAID SECTION 35, FOR 668.96 FEET TO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S.89"58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02°16'57"W., ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10°08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEET TO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89"58'31 "W., ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73'11'14"W., FOR 79.40 FEET; THENCE S.89"58'31 "W., FOR 57.22 FEET; THENCE S.73°09'14"W., FOR 44.92 FEET; THENCE S.86°54'42"E., FOR 187.12 FEET TO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N.02'16'03"W., ALONG SAID WEST LINE, FOR 40.03 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE N.89'58'31 "E., ALONG SAID NORTH LINE, FOR 1 321 .91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SCHEDULE B-II (EXCEPTIONS) NOTES TABLE A NOTES: ISSUED BY: FIDELITY NATIONAL TITLE INSURANCE COMPANY 1. ORIGINAL FIELD SURVEY FIELDWORK: NOVEMBER 23, 2020 ITEM 1 ALL CORNERS FOUND OR SET, SEE MAP. COMMITMENT NUMBER: 8960546 2. THE LEGAL DESCRIPTION USED TO PERFORM THIS ALTA SURVEY WAS PROVIDED IN THE TITLE ITEM 3 SEE GENERAL NOTE 7. AGENT: KATZ, BARRON, SQUITERO, FRIEDBERG, ENGLISH & ALLEN, P.A. COMMITMENT. ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY. COMMITMENT DATE: DECEMBER 2, 2020 AT 11:00 P.M. ITEM 4 SEE GENERAL NOTE 9. 3. COORDINATES AND BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA NOTE: ITEMS 1 THROUGH 4 ARE STANDARD TITLE EXCEPTIONS AND HAVE NOT BEEN DEPICTED OR REFERENCED HEREON. WEST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83, 2011 ADJUSTMENT) WHERE THE NORTH ITEM 5 SEE GENERAL NOTE 5. LINE OF SECTION 35, BEARS [N89"58'31"E]. 5. EASEMENT TO FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 1544, PAGE 2074, AND OFFICIAL ITEM 6a ZONING REPORT OR LETTER NOT PROVIDED, RURAL AGRICULTURAL DISTRICT (A). RECORDS BOOK 1576, PAGE 1910, AS AFFECTED BY THE SUBORDINATION OF UTILITY INTERESTS RECORDED APRIL 4, 2008 4. DIMENSIONS AND ELEVATIONS ARE IN FEET AND DECIMAL PARTS THEREOF. MEASURED BEARINGS ITEM 6b ZONING REPORT OR LETTER NOT PROVIDED, SETBACK REQUIREMENTS. IN OFFICIAL RECORDS BOOK 4346, PAGE 416. AFFECTS SUBJECT PROPERTY ( AND PARTIALLY PLOTTED SEE GENERAL NOTE ) AND OR DISTANCES ARE IDENTICAL WITH PLAT OR RECORD VALUES, UNLESS A DIRECT MINIMUM FRONT YARD: 50' COMPARISON IS MADE, MINIMUM SIDE YARD: 30' 15. MINIMUM REAR YARD: 50' 5. ELEVATIONS SHOWN HEREON ARE IN FEET AND ARE BASED ON THE NORTH AMERICAN VERTICAL 6. RESERVATION OF OIL, GAS AND MINERAL RIGHTS FOUND IN DEED BOOK 30, PAGE 91, AND DEED BOOK 37, PAGE 152. DATUM OF 1988 (NAVD88). ELEVATIONS AND OR SITE BENCHMARKS WERE DERIVED BY ITEM 8 ALL SUBSTANTIAL OBSERVED FEATURES ARE SHOWN OR NOTED ON MAP. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) DIFFERENTIAL LEVELING FROM NATIONAL GEODETIC SURVEY PUBLISHED BENCHMARK AJ7569 STAMPED 482624-3-9898 HAVING A PUBLISHED ELEVATION OF 13.77 FEET. ITEM 11 ALL OBSERVED VISIBLE UTILITIES ARE SHOWN OR NOTED ON MAP, (NO RESPONSE 7. EASEMENT FOR ROAD RIGHT-OF-WAY IN OFFICIAL RECORDS BOOK 138, PAGE 327. (DOES NOT AFFECT THE PARCEL. THIS FOR RECORD DATA FROM ANY UTILITY COMPANIES, SEE UTILITY PROVIDERS LIST.) 6. SUBJECT PARCEL HAS A PHYSICAL ADDRESS OF 1555 MASSEY STREET, NAPLES, FLORIDA, 34120 IS AN EMINENT DOMAIN PROCEEDING, ALL IN SECTIONS 32 - 36 TOWNSHIP 52 SOUTH, RANGE 30 EAST) AND IS IDENTIFIED BY THE COLLIER COUNTY PROPERTY APPRAISER BY PARCEL NUMBER 00205280007 ITEM 13 SEE GENERAL NOTE 11. Q 8. RESOLUTION NO. 2001 —352 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 17, 2001 IN OFFICIAL RECORDS BOOK 2893, PAGE 792. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) 7. SURVEYED PARCEL IS IN F.E.M.A. FLOOD ZONE(S) "X" AND "AH" (EL. 145) AS SHOWN ON ITEM 18 NO ENVIRONMENTAL ASSESSMENTS PROVIDED. THE NATIONAL FLOOD INSURANCE PROGRAM'S DIGITAL FLOOD INSURANCE RATE MAP (D.F.I.R.M.) 9. EASEMENT TO FLORIDA POWER & LIGHT COMPANY RECORDED NOVEMBER 17, 2008 IN OFFICIAL RECORDS BOOK 4407, MAP NUMBER 1200067 0218 H, EFFECTIVE DATE: 05/16/2008. PAGE 4174. (AFFECTS SUBJECT PROPERTY AND PLOTTED) 8. THIS SURVEY REPRESENTS THE BOUNDARY AND THE LOCATED IMPROVEMENTS OR FEATURES, IF ANY, IN ACCORDANCE WITH AND THEIR RELATION TO THE LEGAL DESCRIPTION DEPICTED HEREON. 10. SLOPE EASEMENT IN FAVOR OF COLLIER COUNTY RECORDED OCTOBER 9, 2009 IN OFFICIAL RECORDS BOOK 4498, PAGE UTILITY SERVICE PROVIDERS: z 2831. (AFFECTS SUBJECT PROPERTY AND PLOTTED) 9. SURVEYED PARCEL CONTAINS 805,839 SQUARE FEET OR 18.50 ACRES, MORE OR LESS. ELECTRIC: FLORIDA POWER & LIGHT COMPANY (239) 353-6024 11. RESOLUTION N0. 2010-168 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED OCTOBER 1, 10. THIS SURVEY DOES NOT MAKE ANY REPRESENTATION AS TO THE ZONING REGULATIONS AND OR 2010 IN OFFICIAL RECORDS BOOK 4610, PAGE 2307. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. (NO ZONING REPORT WAS PROVIDED BY CENTURY LINK: (239) 263-6210 THE CLIENT) Q 12. RESOLUTION NO. 201 1 —150 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 22, CABLE: COMCAST (800) 266-2278 0 2011 IN OFFICIAL RECORDS BOOK 4721, PAGE 1527. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) 11. ADJOINING PARCEL INFORMATION AS SHOWN HEREON WAS TAKEN FROM 2020 COLLIER COUNTY V, GEOGRAPHIC INFORMATION SYSTEM WEB SITE ON THE NOVEMBER 23, 2020. GAS: TEGO PEOPLES GAS (877) 832-6747 13. RESOLUTION NO. 2013183 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 16, 12. THIS SURVEY IS FOR THE EXCLUSIVE USE OF THE PARTY(IES) IT WAS ORIGINALLY PREPARED L 2013 IN OFFICIAL RECORDS BOOK 4965, PAGE 1660. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) FOR, AS DEPICTED HEREON, AND IS NOT TRANSFERABLE. ANY ADDITIONS OR DELETIONS TO THIS a SURVEY BY OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF 0 14. RESOLUTION NO. 2014175 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 17, THE SIGNING PARTY. a 2014 IN OFFICIAL RECORDS BOOK 5077, PAGE 1388. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) 13. ONLY THOSE IMPROVEMENTS, AS DEPICTED HEREON, HAVE BEEN FIELD LOCATED. NO VISIBLE, SURFACE, SUBSURFACE AND OR AERIAL IMPROVEMENTS, IF ANY, HAVE NOT BEEN LOCATED. 15. RESOLUTION NO. 2015-174 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 15, BUILDING FOUNDATIONS BENEATH THE SURFACE WERE NOT LOCATED. 2015 IN OFFICIAL RECORDS BOOK 5194, PAGE 2196. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) CERTIFICATIONS: 14. AERIAL IMAGERY AS DEPICTED HEREON WAS DOWNLOADED FROM THE COLLIER COUNTY PROPERTY 16. RESOLUTION NO. 2016-182 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 15, APPRAISERS WEB SITE IN NOVEMBER OF 2020. DATE OF PHOTO AND RECTIFICATION DATA NOT D.R. HORTON, INC., A DELAWARE CORPORATION 2016 IN OFFICIAL RECORDS BOOK 5314, PAGE 776. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) KNOWN. KATZ, BARRON, SQUITERO, FRIEDBERG, ENGLISH & ALLEN, P.A. 15. EASEMENT TO FLORIDA POWER & LIGHT RECORDED IN OFFICIAL RECORDS BOOK 1576, PAGE FIDELITY NATIONAL TITLE INSURANCE COMPANY 17. RESOLUTION NO. 2018-149 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 14, 1910 CAN NOT BE PLOTTED DUE TO INCORRECT LEGAL DESCRIPTION. 2018 IN OFFICIAL RECORDS BOOK 5552, PAGE 3781. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) m THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE 18. RESOLUTION NO. 2019-159 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 20, IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND 0 o 2019 IN OFFICIAL RECORDS BOOK 5676, PAGE 1126. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 3, 19. RESOLUTION NO. 2020-146 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 14, 4, 5, 6b, 6b, 8, 11, 13, AND 18 OF TABLE A THEREOF. 0 2020 IN OFFICIAL RECORDS BOOK 5815, PAGE 1284. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) THE FIELD WORK WAS COMPLETED ON: 1 1 232020 0 N O N DATE OF PLAT OR MAP 12092020 Q 0 N 12/18/2020 N THIS SURVEY IS NOT VALID UNLESS MICHAEL A. WARD DATE PROFESSIONAL SURVEYOR AND MAPPER VIEWED IN ITS ENTIRELY FLORIDA CERTIFICATE NO. LS 5301 THE SEAL APPEARING ON THIS DOCUMENT WAS o THIS PAGE IS NOT COMPLETE WITHOUT PAGE 2 AUTHORIZED BY MICHAEL A. WARD, PLS. NAME DATE 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 DATE: 11/19/20 CLIENT: D. R a H O RTO N, INC. PROJECT: SUN B R OAD CASTI N G FIELD: PS 11/23/20 HORIZ. SCALE: "=60' Phone: (239) 597-0575 1 REVISED BEARING IN THE LEGAL DESCRIPTION, REVISED COMMITMENT DATE M.A.W. M.A.W. 12/18/20 DRAWN: WF 12/09/20 ENGINEERING FAX: (239) 597-0578 LB No.: 6952 VERT. SCALE: TITLE: ALTA / N R PR LAND TITLE SURVEY REVISED LEGAL DESCRIPTION W.F. M.A.W. 12/14/20JRN6, CROSS REFERENCE: PROJECT NO.: 200061.00.02 SHEET NUMBER: 1 OF 2 FILE NO.: 001 ALTA CHECKED: MAW 12/09/20 SEC: TWP: RGE: 35 48S 26E REV # REVISION DRAWN: CHECKED: DATE 0 30 60 120 1 `60' LEGEND (D) = DEED (C) = CALCULATED -OHE- = OVERHEAD ELECTRIC LINES -X- = FENCE AE = ACCESS EASEMENT C.R. = COUNTY ROAD CONC. = CONCRETE DESC. = DESCRIPTION EL. = ELEVATION ESMT. = EASEMENT FCM = FOUND CONCRETE MONUMENT FIP = FOUND IRON PIN FIPC = FOUND IRON PIN WITH CAP ID. = IDENTIFICATION INV. = INVERT LB = LICENSED BUSINESS LN = LANE MAINT. = MAINTENANCE O.R. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PG. = PAGE PUE = PUBLIC UTILITY EASEMENT RCP = REINFORCED CONCRETE PIPE R/W = RIGHT-OF-WAY SIPC = SET IRON PIN WITH CAP SPKD = SET PK NAIL WITH DISK ST = STREET TWP. = TOWNSHIP ❑ = FOUND CONCRETE MONUMENT O = FOUND IRON PIN A = FOUND PK NAIL F-1 = CABLE TELEPHONE SERVICE BOX = COMMUNICATION HANDHOLE = GAS LINE MARKER y� = CONCRETE POWER POLE = GUY WIRE ANCHOR Iol = ELECTRIC HANDHOLE OE = POWER METER = METAL LIGHT POLE 0 = POWER SPLICE BOX 'c( = WOOD POWER POLE = FIRE HYDRANT ® = WATER SAMPLE POINT = WELL LINE TABLE LINE BEARING LENGTH L1 N89'58'03"E 35.03' L2 S02° 1 6'57"E 388.75' L3 S10°08'28"E 182.84' L4 S41°55'27"E 47.02' L5 S80'37'49"E 153.16' L6 N89°58'31 "E 71 8.67' L7 S73° 1 1 ' 14"E 79.40' L8 N89'58'31 "E 57.22' L9 N73°09' 1 4"E 44.92' L10 N86'54'42"E 187.12' L11 S02°16'03"E 40.03' i Im 7— 1q im Im C�! IREV #IREVISION#REVISION t�j SPKD 40' EASEMENT TBM#1 —0 R BOOK 3696, EL. =16.02' / PAGE 1371 30' EASEMENT O.R. BOOK 4346, - - PAGE 422 � o JI ---- --_L8_ —L9------- `� LID TRACT "P2" (PRESERVE ARA, C.E.) CONSERVATION EASEMENT #3 (O.R. 4940, PAGE 1190) OWNER: CANOPY NEIGHBORHOOD ASSOC INC PARCEL ID: 25225000187 0 Ln N LOT 18 I I I I I I 15'DE 1 5'ILBEII I� WEST LINE I� N 1 /2, NE 1 /4, I NE 1 /4 LOT 19 I I I I I I CANOPY LOT 20 (PLAT BOOK 53, PAGES 84-88) I I I I I I LOT 21 I I I I I LOT 22 I I I I IB I I ZONE X O O N (.0 i� O (0 N O z LOT 23 1 SOUTH LINE I I N 1 /2, NE 1/ 4, II II NE 1 /4 I I I I 5' DE I I 15�LBE� WARM SPRINGS (PLAT BOOK 60, PAGE 35) POB OF LESS AND EXCEPT I � NORTH LINE OF OWNER: ARGO WARM SPRINGS LP SPKD PARCEL OF LAND TBM#2 NORTHEAST CORNER SECTION 35 - PARCEL ID: 81080000285 EL.=16.09' SECTION 35 I A TREE FARM ROAD 10' FPL EASEMENT (R/W WIDTH VARIES) O.R. BOOK 1544, PUBLIC ROAD PAGE 2074 - SECTION 26 SECTION 25 N89°58'31 "E 1321 .91' SECTION 35 SECTION 36 SOUTH R/W - _ - - - BASIS OF BEARINGS SLOPE EASEMENT _ _ _ _ _�- TREE FARM ROAD �_------� O.R. BOOK 4498, - -- __ - - PAGE 2831 — — — LS 1 I I I LO � I I O CONC.- HEAD-WALL I w I E L. =13.6' V) 36"RCP INV.=9.57' II I LL_ O I w I z I I m J I I U U) I I W I I � I II SL I I I I O V) Q r- I 00 Q �M �UY04 z � W �QO� oa UOp N CATCH INLET I rl 176 m �I CD (n Uj m GRATE I I 6pp0- X- U EL.=10.05' I o C) 15"RCP p �j m Ln E. INV.=7.65' I 3 N SL m 0 CD I�� U z J Z O Y cn t~n a Lq V U U m Iwo O� �° I— Igo g � I I w � W3:IwN z O II J cj� I U I (�m�� N II W U O U I I Q ZONE X I 30"RC 35' S. INV.=8.67' 10' FPL EASEMENT 19"RCP I 30' X S. INV.=8.59' 30' EASEMENT O.R. BOOK 7407, �0/ O.R. BOOK 4346, PAGE 4174 FENCE I v v 8.8'W. I PAGE 422 53.6N. \ \ I I \ — — — I — \ I — — — — — — — — — — — — S89°58'03"W 1287.06' L1y I B----------- ——— — — — — —— —— — — — — —— -- FENCE 30'DE I OWNER: VANDERBILT COMMUNITY ASSOC INC 3 3'W I I I�-1o'DE PARCEL ID: 79305006662 N^ LO 0.0'N. I O `f' LO II15' LB E 30"RC p't 00 N. INV.=8.70' 20'LBEIm w VANDERBILT COUNTRY CLUB-2 19"RCP I I o (PLAT BOOK 32, PAGES 42-55) N. INV.=8.65' I N II EAST 1 /4 CORNER n II SECTION 35, FND CM 3", LB 3569 I N=697591.95 l o E=435898.60 z NAME DATE FIELD: PS 11/23/20 DRAWN: WF 12/09/20 DRAWN: CHECKED: DATE CHECKED: MAW 12/09/20 w ENGINEERING THIS SURVEY IS NOT VALID UNLESS VIEWED IN ITS ENTIRELY THIS PAGE IS NOT COMPLETE WITHOUT PAGE 1 DATE: 6610 Willow Park Drive, Suite 200 11/19/20 Naples, Florida 34109 HORIZ. SCALE: 1 "=60' Phone: (239) 597-0575 VERT. SCALE: FAX: (239) 597-0578 LB No.: 6952 SEC: TWP: RGE: 35 48S 26E CLIENT: D.R. HORTON, INC. TITLE: ALTA / U S PS LAND TITLE SURVEY PROJECT: CROSS REFERENCE: t SUN BROADCASTING PROJECT NO.: SHEET NUMBER: 200061.00.00 2 OF 2 FILE NO.: 200061 .00.00 Iota: Return to and pre=1141 M Gorey F. Butler, �/ e 1625�ndry Mtraei; VIIA130i2 Tort Myers, Florida 33901 1941) 334-2722 Property Identification 1 00205280007 2124573 OR: 2257 PG: 0230 UCOIDID to the 011ICIAL UCOUS of CO1LIII COOMTI, IL 12/04/91 at 10:14AM DIIGMt 1. MIOCi, CLIRI SPECIAL WARRANTY DEED Cols 200000.00 Ric Ili 10.50 DOC-,70 1400.00 COINS 2,00 THIS INDENTURE made this lot day of December, 1996, between PALMER COMMUNICATIONS INCORPORATED, a Delaware corporation, herein referred to as Grantor, whose mailing address is 12800 University Drive, Suite 500, Fort Myers, Florida 33907-5333, and MERIDIAN BROADCASTING, INC., a Florida corporation, herein referred to as Grantee, whose mailing address is 2824 Palm Beach Blvd., Ft. :Myers, F1. '33916 W I T N E S S E T H: That said Grantor, for and in consideration of the sum of Ten Dollars ( $10.00 ) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land situate, lying and being in Collier County, Florida, to wit.-,_-.�.w� The North half (N 1 t ,") i rttre5 r of the Northeast �u� r (NE 1/4 )° 48 South, Range �76�st, Collier C to an easement/ fo r,--oubl-ic�e._zoad., across the North 30""fit therdol thereof. ..rrI he THIS CONVEYANCE IS SU ECt O ,lk 1. Taxes for that ar 1996. 2. Conditions, a `baents and rest` 3. Zoning ordina q sa and other` imposed by appl ca#le governmen "ekst quarter ( NE 1 /4 ) $tion 35, Township 1u fy,\Florida; Subject rigt-f-way over and and, the East 30 feet ',of record. tions and prohibitions horities. Grantor does hereby cov°°nah't,? to( t "e" that at the time of delivery of this deed, the premises werW-:-zee of all encumbrances made by the Grantor and that the Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under the Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: lot Witness NOREEN L. CHRISTIANS Print N I d W tness NNIvFFR VANDE WEERD int Name: PALMER COMMUNICATIONS INCORPORATED, a Delaware corpor n By: • ORDON A. McCOLLUM Its Vice President *** OR: 2257 PG: 0231 *** STATE OF IOWA ) ) SS. COUNTY OF POLK ) The foregoing instrument was acknowledged before me on this 22ND day of NOVEMBER , 1996, by GORDON A. McCOLLUM, Vice President of PALMER COMMUNICATIONS INCORPORATED, a Delaware corporation. He is nerao 11V known to me or who has produced as identification. My Commission Expires: 7-3-97 N tary Pub ic KATHY L. MORRISON �Y��L.�til, ram ( R JRM�-" ENGINEERING Soluna A Residential Planned Unit Development List of Owner and all Parties of Corporation • Owner: SUN BROADCASTING. INC. TIC p Mel • • z O 0 z O O ct� w 0 m _m O CV 6) O CV ry W Q —1 m z 9 u N m N 5" TKUSS BEARING_ _ _ _ ELEV. @ 1 8'-0" 1 1_O1 RAKE TRU5 w J Q4" DECOR BAND 0 2ND FINISH FLOOR ELEV. @ 1 0'-0" 35 SH O �l TOP OF BEAM Cn ELEV. @ 8-8 �� a 6" DECOR BAND EIEI El EIE] El Ljk FINISH FLOORLLJL \ ELEV. (? 0" 8070 OHGD 3068 ENTRY 1/2 33 SH ELEV. @ -1-0" B. F. F. UNIT A AVERAGE ROAD CENTERLINE ELEVATION 1 2" 5"� TILE ROOF 5" INWALL WEEP INWALL WEEP III/// SCREED � SCREED 5u NWALL WEEP 511 SCREED n I 5" 5"� 1'-011 11-011ELEV. @ 16 0" 4" DECOR BAND KE TRUSS fIN1 L:Ej I 35 SH 25 SH 25 SH 35 5H 35 SH 25 SH 35 SH 35 SH 2ND LEV S@ FI 0'0R 4" DECOR BAND 4" DECOR BAND 25 5H SHUTTERS SHUTTERS SHUTTERS TOP OF BEAM I1 G" DECOR BAND G" DECOR BAND 6" DECOR BAND G" DECOR BAND ELEV. @ 8'-8" 1 ❑❑❑❑ ❑,o o,❑ 1:11:1E] EIEI E] El/ o o,❑ E:]E:l El El El 01:1❑DEI El El 1:11 1:11:1 [E] EIEI 0i, IF/F E EIE]JE] E1E1❑❑ �' ❑ 0', 1:11:10-1 Ll❑❑❑ ' ❑ ❑', ❑❑❑❑ ❑', _ _=MF7111_ LA 7 __ _L + _ FINISH FLOOR ELEV. c@0 5070 OHGD 3068 ENTRY 3068 ENTRY 5070 OHGD 5070 OHGD 3068 ENTRY 3068 ENTRY 5070 OHGD 112 33 SH 3068 ENTRY 8070 OHGD UNIT B UNIT B UNIT B UNIT B UNIT A FRONT ELEVATION 3/ 1 611 = 1 1_011 BOTTOM OFVENT SHALL BE LOCATED NO MORE THANN 3'-O" BELOW THE RIDGE PER P506.2.2 O 5° �1 TRUSS BEARING_ ELEV. @ 18'-0" 1 -0" rh 2ND FINISH FLOOR LLI Lm L1 LL11 ELEV. @ 1 O'-011 35 5H 25 SH 25 SH 25 SH 25 SH DECO TEXTURE PIN15H OVER TOP OF BEAM _ _ GONC BLOCK _ _ _ _ _ _ _ _ cr v ELEV. @ 8'-8" EINGH FLOOR ELEV. @ 0" 4" SLEEVES PC LINE5, PLACE I BEAM BEFORE 2-4068 5L GL DR HVAC 15T F OUR L AS OR L — 2-4068 5L GL DR 2-4068 5L GL DR 4" SLEEVES FOR HVAC GAS LINES, PLACE IN 1ST FLOOR 25 SH L] BEAM BEFORE POUR 25 SH 2-4068 5L GL DR REAR ELEVATION TILE ROOF 5" 5" _TRUSS BEARING ELEV. @ 18'-0" u 2ND FINISH FLOOR 25 SH 25 SH 35 5H ELEV. @ 10 DECO TEXTURE PIN15H OVER GONC BLOCK _ _ _ TOP OF BEAU ELEV. @ 8'-811 2-4068 5L GL DR -5 f OR HVAC G 5 o,CE IN 15T PLO R =O E POUR -4068 5L GL DR FINISH ILO OK @ 0" 3/ 1 611 = 1 1-011 WHERE ROOF FRAMING CONPLICT5 WITH THE ROOF WHERE THE ROOF FRAMING CONFLICTS WITH THE ROOF VENTS, INSTALLATION OF THE VENT MORE THAN VENTS, INSTALLATION OF THE VENT MORE THAN 3'-0" 3'-0" BELOW THE RIDGE IS ALLOWED PER R806.2.2 BELOW THE RIDGE IS ALLOWED PER R806.2.2 TILE ROOF 5"� �rj" TILE ROOF j" 0 0 5" L 5" 5" TRUSS BEARING _ _ TRUSS BEARING TRUSS BEARING _ _ TRUSS BEARING ELEV. @ 18'-0" ELEV. @ 18'-0" ELEV. @ 18'-0" '-0 ELEV. @ 18" 1 -0 1 O co 2ND FINISH FLOOR 2ND FINISH FLOOR rh 2ND FINISH FLOOR 2ND FINISH FLOOR J NU ELEV. @ 1 0'-0" 3 35 SH 25 5H 4" ELEV. @ 1 0'-0" ELEV. @ 10'-0" 4° 25 5H 35 5H 3" ELEV. @ 10'-0" TOP Of BEAM TOP OF BEAM TOP OF_BEAM TOP Of BEAM ELEV. @ 8'-8" — — — — — — — — — — — — — ELEV. @ 8'-8" ELEV. @ 8'-8" — — — — — — — — — — — ELEV. @ 8'-8" DECO TEXTURE FINISH OVER DECO TEXTURE PIN15H OVER - - CONC BLOCK - - GONG BLOCK - - 25 5H 25 5H FINISH FLOOR _ _ _ _ FINISH FLOOR FINISH FLOOR FINISH FLOOR ELEV. @ 0" ELEV. @ 0" LEFT ELEVATION RIGHT ELEVATION 3/1 611 _ 1 1_011 2/ 1 _ 1 1_011 J b DESIGN IN ACCORDANCE WITH THE RESIDENTIAL FLORIDA BUILDING CODE 2017 - GTH EDITION :wo� o�w C7 rMn O% N a.) uS o R c r J 0 v Li y M 41M o vd cv)Wiz. IDuv 2 3 -2= of a� L a� s N Ul L 75 z L 4 w ry C) 0 Q C O W O O O = L o z W Ov z o L DATE: 08/20/20 DRAWN BY: CHECKED BY: KEV15ED: PLAN: ELEVATION SCALE: 3/ 1 G" = '-0" A- I 411 (0.67 ac.) 821 625DE3 (0. 18 ac.) J6 625DE2 ac.) I W­t- -IJ Tree Farm R6a-a -Owl (0.23ac.L_ 625DE1 ,Q(0.58 ac.) M "Arv- 4k -OrA n Ks 7.7 624E2 (3.39 ac.) 821 (8.83 ac.) /°'� % rx .: z� �� 625DE 411 (1.10 ac.) (1.50 A I —.— Ow %. 4— -*,Ohq .; V Wr .. S­ � 11 1 -.w - -4momm.; �. . - " .' 1. . 2, � z_ .. a i, ell; SOLUNA Rezoning Environmental Information (February 2021) Based on a review of historic aerial photography, the property was primarily forested prior to 1986. By 1993 the central portion of the property had been cleared for the construction of transmission towers. There is currently 9.44± acres of native vegetation (as defined by Collier County Land Development Code (LDC) Section 3.05.07.A.1) on the property. This consists of Florida Land Use, Cover and Forms Classification System Codes 411, 624E2, 625DE, 625DE1, 625DE2, and 625DE3 as shown on the attached Vegetation Map. A survey for bald eagles, listed species known to inhabit similar vegetative communities in Collier County, and plants species listed in LDC Section 3.04.03 has been conducted. A bald eagle nest is located 977± feet north northeast of Soluna's northeast corner. Three potentially occupied gopher tortoise burrows and scattered wild pines were observed on - site. Please see the attached Protected Species Assessment for a discussion of the current site conditions and the results of the listed species survey. The limits of the wetlands on -site have been flagged. The extent of the wetlands will be confirmed during the South Florida Water Management District (SFWMD) permitting process. The project as proposed is consistent with all applicable Goals and Objectives of the Collier County Conservation and Coastal Management Element of the Growth Management Plan. Craig M. Smith of DexBender prepared the Protected Species Assessment. Mr. Smith has been employed as a full time environmental consultant in southwest Florida since 1987. A copy of his credentials is attached. Y:\DRHOR-518\County\County Zoning Info.Docx 411 (0.67 ac.) 821 625DE3 (0. 18 ac.) J6 625DE2 ac.) I W­t- -IJ Tree Farm R6a-a -Owl (0.23ac.L_ 625DE1 ,Q(0.58 ac.) M "Arv- 4k -OrA n Ks 7.7 624E2 (3.39 ac.) 821 (8.83 ac.) /°'� % rx .: z� �� 625DE 411 (1.10 ac.) (1.50 A I —.— Ow %. 4— -*,Ohq .; V Wr .. S­ � 11 1 -.w - -4momm.; �. . - " .' 1. . 2, � z_ .. a i, ell; SOLUNA Section 35, Township 48 South, Range 26 East Collier County, Florida Protected Species Assessment February 2021 Prepared for: D.R. Horton Homes 10541 Six Mile Cypress Pkwy., Suite 100 Fort Myers, FL 33966 Prepared by: DexBender 4470 Camino Real Way, Suite 101 Fort Myers, FL 33966 (239) 334-3680 INTRODUCTION The 18.50± acre parcel is located within a portion of Section 35, Township 48 South, Range 26 East, Collier County, Florida. The property is bordered by Tree Farm Road to the north, Massy Street to the east, Vanderbilt Country Club to the south, and Canopy to the west. SITE CONDITIONS Based on a review of historic aerial photography, the property was primarily forested prior to 1986. By 1993 the central portion of the property had been cleared for the construction of transmission towers. The area containing the transmission towers is surrounded by a six feet tall chain link fence topped with barb wire. VEGETATIVE CLASSIFICATIONS The predominant upland and wetland vegetation associations were mapped in the field on 2019 digital color 1" = 100' scale aerial photography. The property boundary was obtained from RWA Engineering and inserted into the digital aerial. The property boundary was not staked in the field at the time of our site inspection and was, therefore, estimated based on the overlay of the boundary on the aerial photography. Eight vegetation associations were identified using the Florida Land Use, Cover and Forms Classification System (FLUCCS). Figure 1 depicts the approximate location and configuration of these vegetation associations and Table 1 summarizes the acreages by FLUCCS Code. A brief description of each FLUCCS Code is provided below. In order to minimize redundancy only the base FLUCCS Codes are described (i.e. description provided for FLUCCS Code 625D but not for FLUCCS Codes 625DE, 625DE1, 625DE2, and 625DE3). In general, as the density of exotics increases the density and diversity of native plants in the canopy, midstory, and ground cover strata decreases. Table 1. Acreaae Summary by FLUCCS Code FLUCCS CODE DESCRIPTION ACREAGE 411 Pine Flatwoods 2.56 624E2 Cypress — Pine Invaded by Exotics (26 — 50%) 3.39 625DE Drained H dric Pine Flatwoods Invaded by Exotics 5 — 9% 2.01 625DE1 Drained Hydric Pine Flatwoods Invaded by Exotics (10 — 25%) 0.58 625DE2 Drained H dric Pine Flatwoods Invaded by Exotics 26 — 50% 0.72 625DE3 Drained H dric Pine Flatwoods Invaded by Exotics 51 — 75% 0.18 740 Disturbed Land 0.23 821 Transmission Towers 8.83 Total 18.50 FLUCCS Code 411, Pine Flatwoods The upland pine flatwoods on the property are characterized by an open canopy of slash pine (Pinus elliottii) and a dense ground cover of saw palmetto (Serenoa repens). 1 FLUCCS 411 624E2 625DE 625DE1 Notes: 625DE2 1. Property boundary and surveyed wetland line provided by RWA 625DE3 Engineering. 740 2. Mapping based on photointerpretation of 2019 aerial photography and 821 ground truthing in October 2020. 3. Delineation of jurisdictional wetlands is preliminary and subject to field review/approval by applicable regulatory agencies. Description Pine Flatwoods Cypress - Pine Invaded by Exotics (26-50%) Drained Hydric Pine Flatwoods Invaded by Exotics (5-9%) Drained Hydric Pine Flatwoods Invaded by Exotics (10-25%) Drained Hydric Pine Flatwoods Invaded by Exotics (26-50%) Drained Hydric Pine Flatwoods Invaded by Exotics (51-75%) Disturbed Land Transmission Towers I 0 50 100 SCALE FEET SECTION: 35 TOWNSHIP: 48 S RANGE: 26 E Acreage 2.56 ac. & Potentially Occupied Gopher Tortoise Burrow (3) 3.39 ac. 2.01 ac. 8 Airplant (25) 0.58 ac. 0.72 ac. 0 Orchid (6) 0.18 ac. 0.23 ac. Q Tree with Cavity (5) S_83 ar_ Total 18.50 ac. February 18, 2021 2:38:14 p.m. PERMIT USE ONLY, NOT FOR CONSTRUCTION Drawing: DRHOR518PLAN.DWG Figure 1. Protected Species Assessment Ma Soluna DEXBENDER p ENVIRONMENTAL CONSLILTING FORT MYERS 239-334-3680 Scattered stagger bush (Lyonia sp.), wax myrtle (Myrica cerifera), and dahoon holly (Ilex cassine) are present in the midstory. Bracken fern (Pteridium aquilinum) and grape vine (Vitis sp.) are also present in the ground cover. FLUCCS Code 624E2, Cypress — Pine Invaded by Exotics (26 — 50%) The wetland in the northeast corner of the property is dominated by pond cypress (Taxodium ascendens), slash pine, cabbage palm (Sabal palmetto), and swamp fern (Blechnum serrulatum). Exotics, such as Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis), melaleuca (Melaleuca quinquenervia), and old world climbing fern (Lygodium microphyllum), are common throughout. Saw -grass (Cladium jamaicense) and grape vine are also present. FLUCCS Code 625D, Drained Hydric Pine Flatwoods Portions of the site were historically hydric pine flatwoods that appear to be effectively drained. The canopy is dominated by slash pine while cabbage palm and scattered pond cypress are present in the midstory. Varying densities of melaleuca, Brazilian pepper, and earleaf acacia are present. The ground cover is dominated by grape vine with scattered muhly grass (Muhlenbergia sp.), bracken fern, whitehead broom (Spermacoce verticillata), swamp fern, and Caesarweed (Urena lobata). FLUCCS Code 740, Disturbed Land A disturbed area is located adjacent to Tree Farm Road. This area is vegetated by a dense growth of Brazilian pepper and grape vine with scattered cabbage palm, bracken fern, Boston fern (Nephrolepis sp.), and swamp fern. FLUCCS Code 821, Transmission Towers The central portion of the property contains transmission towers and a support building. The area within the fence is a mowed field vegetated by species such as natalgrass (Rhynchelytrum repens), Bahia grass (Paspalum notatum), broomsedge (Andropogon sp.), lovegrass (Eragrostis sp.), and pusley (Richardia sp.). SURVEY METHOD Based on the general habitat types (FLUCCS Codes) identified on -site there is a low potential for a limited number of species listed as endangered, threatened, or species of special concern by the Florida Fish and Wildlife Conservation Commission (FWC) or the United States Fish and Wildlife Service (FWS) to potentially occur on the subject parcel. These species include gopher tortoise (Gopherus polyphemus), eastern indigo snake (Drymarchon corgis couperi), red -cockaded woodpecker (Picoides borealis), a variety of wading birds, Big Cypress fox squirrel (Sciurus niger avicennia), and Florida bonneted - bat (Eumops floridanus). The bald eagle (Haliaeetus leucocephalus), which has been delisted by the FWC and FWS, is still protected by other regulations and was therefore included in the survey. The Florida black bear (Ursus americanus floridanus), delisted in 2012, is still protected by the Florida Black Bear Management Plan and was therefore included in the survey. In addition, per Collier County regulations three species of orchids (Cyrtopodium punctatum, Encyclia cochleata, and E. tampensis) and four species of wild 3 pine (Tillandsia fasciculata, T. utriculata, T. balbisiana, and T. flexuosa) which could potentially occur on -site were included in the survey. In order to comply with FWC/FWS survey methodology guidelines, each habitat type was surveyed for the occurrence of the species listed above using meandering pedestrian belt transects. The meandering pedestrian belt transects were spaced approximately 75 feet apart. The approximate location of direct sighting or sign (such as tracks, nests, and droppings) of a listed species, when observed, was denoted on the aerial photography. The 1" = 100' scale aerial Protected Species Assessment Map (Figure 1) depicts the approximate location of the survey transects and the results of the survey. The listed species survey was conducted during the mid -day hours of January 8, 2021. The weather at the time of the survey was mild and sunny with a light breeze. Additional observations were made while mapping vegetation in October 2020. Prior to conducting the protected species survey, a search of the FWC listed species database (updated in June 2020) was conducted to determine the known occurrence of listed species in the project area. This search revealed no known protected species occurring on the site. The database indicated that Florida black bear have been recorded adjacent to the property (Figure 2). The property is within a wood stork core foraging area but is not within panther Priority 1 or 2 zones. The FWC data base shows a bald eagle (Haliaeetus leucocephalus) nest (Nest Number CO-031) located within a preserve for the Calusa Pine Golf Club to the northeast. The nest at this location was last reported to be active in 2017. On October 23, 2020 the pine tree snag at that location did not contain an eagle nest. According to Collier County staff the pair of eagles had established a new nest located just north of Calusa Pines Drive during the 2019/2020 nesting season. However, at the time of our listed species survey an apparent eagle nest had been re -built in the original pine tree snag. That tree is located 977± feet north northeast of Soluna's northeast corner. The FWC's online Gopher Tortoise Permit Map was also reviewed. According to the website, no gopher tortoise permits have been issued for the subject property. However, the Gopher Tortoise Permit Map indicates that a permit (GTT-13-00164) was issued in 2013 to Collier County for the relocation of gopher tortoise (Gopherus polyphemus) within a utility corridor along Tree Farm Road adjacent to the northern property line of the subject property. Two gopher tortoises were captured and relocated off -site. SURVEY RESULTS Gopher Tortoise Three potentially occupied gopher tortoise burrows were found in the upland pine flatwoods on -site. Using the FWC standard burrow occupancy correction factor of 0.5 gopher tortoises per burrow, it is estimated that two gopher tortoises are present within the property. 59 ` • 4•�fN'i�^L....Ji1F"'ir•-wYl1\��--—'7Rs�••r�i•�K1��'11M. 1 _ T 1 r, Township: � • � •ice=�i► r 1 +� • Jw_ E a••H ' .lacy 1'�Tr�N[s •. au li. M. JJ+= _ jaw ..41 Legend Subject Parcel Black Bear Nuisance Calls mmumm IT KNEW- s a ■ r' �' w. _ • t. —1 *•� ' '�,•�li ; ' ����� �; '�• ;v 1lrlui ..... fit' � � �+ a ►`� � ��"' �...����rr o-t �, �A �P QO ° �, P �0 0 0 . o '�, �1 �s�'/��, ��Ga„ ����, � o D } i - - 1CJ I �Wof nth x� to Wm @Umm6v E Florida Bonneted Bat A total of five dead trees containing potential cavities entrances were identified (Figure 1). The vast majority of identified potential cavity entrances are less than approximately two inches in diameter, very shallow, and do not penetrate the heartwood of the snag. No evidence of bat utilization (bat vocalization/chatter from within the potential cavities or guano on or around the snags) was observed. No live trees with cavities or artificial structures were observed on -site. Collier County Plants Both butterfly orchids (E. tampensis) and stiff -leaved wild -pines (T. fasciculata) were observed in various locations across the site. Both species occur within the preserves and therefore, pursuant to Collier County LDC Section 3.04.03, there is no requirement to relocate butterfly orchids or stiff -leaved wild -pines into the preserves. Other Listed Species No other species listed by either the FWS or the FWC were observed on the site during the protected species survey or during other site visits. There is the potential for periodic opportunistic foraging by both listed and non -listed species of wading birds within the wetland. In addition to the site inspections, a search of the FWC species database (updated in June 2020) revealed no additional known protected species within the project limits. Y:\DRH0R-518\PSA.docx 0 DEXBENDER ENVIRONMENTAL CONSULTING Craig M. Smith, Senior Ecologist Current Responsibilities Project Manager providing an array of environmental studies and services related to land development and property evaluation in south Florida. These activities, performed for private landowners and public entities, include vegetation mapping, binding and informal state and federal wetland jurisdictional determinations, wetland functional assessments using UMAM, WRAP, and MWRAP, habitat evaluations, establishing seasonal high water elevations for wetlands using biological indicators, threatened and endangered species surveys, and wetland (COE, DEP, and WMD) permit applications. Additional services include threatened and endangered species relocation and management plans, wetland mitigation (creation, restoration, enhancement, and preservation) plans, and the design and implementation of wetland monitoring plans. Experience Joined the firm in 2003 bringing over 16 years of experience as an environmental consultant in South Florida. More than 276,000 acres of land has been mapped and evaluated since 1987. Mapping includes detailed macrophyte community mapping, more general plant community mapping of wetlands and uplands, and the mapping of current and historic conditions based on photo interpretation. Individual properties ranged in size from less than one acre to more than 5,000 acres located in Lee, Collier, Charlotte, Sarasota, Hardee, Polk, Brevard, Martin, and Dade Counties. Projects have included agricultural, residential, commercial, and industrial land uses, new and expanding roadways, and wetland restoration (wetland mitigation banking). Wetland permitting experience includes wetland delineation, preparation of state and federal permit applications and supporting documents, responding to agency questions and third party concerns, and negotiating mutually acceptable wetland mitigation plans. Surveys and management plans have been conducted and prepared for gopher tortoises, eastern indigo snake, bald eagle, red -cockaded woodpecker, Florida bonneted bat, and Big Cypress fox squirrel. Has authorization from the Florida Fish and Wildlife Conservation Commission to conduct surveys, prepare permit applications, and relocate gopher tortoises as an Authorized Gopher Tortoise Agent. Is qualified as an expert witness by the Lee County Hearing Examiner, Collier County Environmental Advisory Council, Collier County Planning Commission, and City of Bonita Springs Zoning Board, Village of Estero Zoning Board on environmental issues. Recently completed and ongoing projects for the public and private sectors include monitoring of the Lely Area Stormwater Improvement Project mitigation park, wetland permitting and wetland enhancement plan development, implementation, and monitoring for Barrington Cove, Marsilea, Verona Pointe Estates, and Naples Heritage in Collier County, and bald eagle management plan preparation for the Calusa Cay CPD, Mockingbird Crossing, and the Winkler 10 Acre RPD. Education and Certification Master of Science, University of North Carolina at Wilmington, 1987. Bachelor of Science, Clarion University of Pennsylvania, 1984. Senior Ecologist, Ecological Society of America Professional Wetland Scientist (No. 238), Society of Wetland Scientists Certified Arborist (No. FL-6255A), International Society of Arboriculture Authorized Gopher Tortoise Agent (Permit No. GTA-09-00011 F), Florida Fish and Wildlife Conservation Commission Qualified Bald Eagle Monitor, City of Cape Coral Provisionally Certified Wetland Delineator, U.S. Army Corps of Engineers Wetland Certification Program, 1993. Continuing Education Florida Master Naturalist Program — Freshwater Wetlands. University of Florida IFAS, 2012. Native Trees, Shrubs, and wildflowers for Central and South Florida: Zones 9-11. Florida Association of Native Nurseries. 2011. Unified Mitigation Assessment Method 201 Training. South Florida Water Management District. 2010. Florida Statewide (62-340 FAC) Wetland Delineation Training Program. Richard Chinn Environmental Training, Inc. 2007. Wetland Plant Identification Training Program. Richard Chinn Environmental Training, Inc. 2007. Unified Mitigation Assessment Method Training. U.S. Army Corps of Engineers. 2005. The Florida Master Wildlifer. University of Florida. Institute of Food and Agricultural Sciences. 2003. Basic Prescribed Fire Training. Hillsborough Community College. 1992. Florida Wetlands Successful Creation, Restoration, and Enhancement Training Course #1. Natural Resources Training and Certification, Inc. 1991. Florida Hydric Soils Workshop. Florida Association of Professional Soil Classifiers. 1991. Affiliations Ecological Society of America Society of Wetland Scientists 2726 OAK RIDGE COURT, SUITE 503 FORT MYERS, FL 33901-9356 OFFICE 239.278.3090TRANSPORTaTION 7A Tr% FAX 239.278.1906 CONSULTANTS, INC TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN TRAFFIC IMPACT STATEMENT FOR SOLUNA REZONING (MINOR STUDY REVIEW FEE - $750) (METHODOLOGY REVIEW FEE - $500) (PROJECT NO. F2101.05) PREPARED BY: TR Transportation Consultants, Inc. 2726 Oak Ridge Court, Suite 503 Fort Myers, Florida 33901 239-278-3090 February 23, 2021 TRANSPORTATION 7ATRCONSULTANTS, INC CONTENTS INTRODUCTION II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. PROJECTED CONCURRENCY VII. CONCLUSION TRANSPORTATION '// Tff-% CONSULTANTS, INC I. INTRODUCTION TR Transportation Consultants, Inc. has conducted a traffic impact statement for the proposed Rezoning application for the Soluna residential development. The subject site is located at the southwest corner of Tree Farm Road and Massey Street in Collier County, Florida. The approximate location of the project is illustrated on Figure 1. The proposed Rezone application will allow the subject site to be developed with up to 130 multi -family residential dwelling units consisting of townhomes. Access to the site will be provided via a single connection to Tree Farm Road. Methodology notes were exchanged with Collier County Staff via email to discuss the proposed traffic study. The initial meeting checklist and the latest methodology notes are attached to this report for reference. This report examines the impact of the development on the surrounding roadways. Trip generation and assignments to the site access drive will be completed and analysis conducted to determine the impacts of the development on the surrounding roadways. II. EXISTING CONDITIONS The subject site is currently vacant. The site is bordered by Tree Farm Road to the north, Massey Street to the east, and by residential uses to the south and west. Tree Farm Road is a two-lane undivided local roadway along the northern boundary of the subject site. Tree Farm Road has a posted speed limit of 30 mph adjacent to the subject site and is under the jurisdiction of the Collier County Department of Transportation. Page 1 iscanaL�V_ I. x ,a,. ln 1� � - r11�y rt�.�T -oon a=Way,�errrrrr�rrrrirrir+�� -� 01 mrLml reswick �-- AT- _ � #'..Danb'6r W. P4 " 1 '.J Acremaker t ,I IRr } cn C] r kit yam• 7 �- - oodstock -Ave ,; Ravenna Ave-, 4 Z cn CD 7ATR TRANSPORTATION CONSULTANTS, INC III. PROPOSED DEVELOPMENT The proposed Rezoning application will allow the subject site to be developed with up to 130 multi -family residential dwelling units consisting of townhomes. Table 1 summarizes the land uses utilized for trip generation purposes for the subject site. Table 1 Land Uses Soluna Land Use Size Multifamily Housing 130 Dwelling Units Low -Rise The proposed development will access Tree Farm Road via a single connection. IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation Manual, 10" Edition. Land Use Code 220 (Multifamily Housing Low -Rise) was utilized for the trip generation purposes of the proposed residential development. The trip generation equations utilized from this land use are attached to the Appendix of this report for reference. Table 2 outlines the anticipated weekday A.M. peak hour, P.M. peak hour and the daily trip generation of the proposed residential development. Table 2 Trip Generation Soluna Land Use WeekdaX A.M. Peak Hour Weekda P.M. Peak Hour Daily (2-way) In Out I Total In Out I Total Multifamily Housing Low -Rise 14 47 61 47 28 75 942 (130 dwelling units) Page 3 7W; TR TRANSPORTATION CONSULTANTS, INC V. TRIP DISTRIBUTION The new external trips shown in Table 2 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. Based on current and projected population in the area and other existing or planned competing/complementary uses in the area, a distribution of the site traffic was formulated. Figure 2 shows the anticipated trip distribution of the development traffic as well as the site traffic assignment to the proposed site access drives and surrounding intersections. It should be noted that the 10% of project traffic was assigned south on Massey Street to Vanderbilt Beach Road, which is shown to be extended from Collier Boulevard to 161h Street in the latest County's Capital Improvement Program. VI. PROJECTED CONCURRENCY & IMPROVEMENTS In order to determine which roadway segments surrounding the site will be significantly impacted, Table 1A, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 2%-2%-3% Significance Test. The trips generated as a result of the proposed development were then compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the 2020 Collier County Annual Update Inventory Report (AUIR). Based on the information contained within Table 1A, no roadway segments are anticipated to be significantly impacted by the proposed development. Page 4 ;vATRCONSULTANTS, TRANSPORTATION TRIP DISTRIBUTION & INC SITE TRAFFIC ASSIGNMENT SOLUNA Figure 2 '// TRCONSULTANTS,TRANSPORTATION INC In addition to the significant impact criteria, Table 2A includes the concurrency analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for each roadway segment analyzed was obtained from the 2020 Collier County Annual Inventory Update Report (AUIR). A five-year planning analysis was also conducted. In order to estimate the projected 2025 background traffic volumes, the existing 2020 peak hour peak direction traffic volumes from the 2020 AUIR were adjusted by the appropriate growth rate factor. The growth rate factor calculations can be found in the attached Table 3A. The projected volumes were then compared with the 2020 existing plus trip bank volumes from the 2020 AUIR. The more conservative of the two volumes was then utilized as the 2025 background traffic volume. The concurrency analysis was performed by subtracting the project traffic volumes from the 2025 projected background remaining capacity in order to determine whether or not sufficient capacity will be available after the addition of the traffic associated with the proposed development. Based on the information contained within Table 2A, there will be sufficient capacity on the surrounding roadway network to serve the new trips generated as a result of the proposed development. Figure 3 was created to indicate the results of the concurrency analysis on the adjacent roadway network. As can be seen within Figure 3, a positive capacity is shown after the addition of the peak hour trips from the Soluna development on all roadway links analyzed as a result of the proposed development. The need for turn lanes at the site access drive on Tree Farm Road will be evaluated at the time the projects seeks a site development plan approval. Page 6 N .A. LCVCINU 000 2025 REMAINING CAPACITY (000) 2025 REMAINING CAPACITY AFTER AM PEAK HOUR PROJECT TRAFFIC [000] 2025 REMAINING CAPACITY AFTER PM PEAK HOUR PROJECT TRAFFIC 0.0% IMPACT PERCENTAGE TRANSPORTATION REMAINING CAPACITY OF // TRCONSULTANTS, INC SIGNIFICANTLY IMPACTED LINKS SOLUNA Figure 3 '// TR TRANSPORTATION CONSULTANTS, INC VII. CONCLUSION The proposed Rezone application for the subject site would permit the development of up to 130 multi -family residential dwelling units. The site, located at the southwest corner of Tree Farm Road and Massey Street, meets Collier County Consistency and Concurrency requirements. The surrounding roadway network was analyzed based on the 2020 Collier County Annual Update Inventory Report (AUIR) and future 2025 build -out traffic conditions. As a result, sufficient capacity is indicated along all surrounding roadways in 2025 both with and without the proposed development. 0 KA2021\01 January\05 Soluna Collier County\2-23-2021 Update\2-23-2021 TIS Repon.doe Page 8 APPENDIX TABLE IA, ZA & 3A U) 2 g k � 0 f � « -,�D 2a0 e in � z « g z (D US k ( 2 ) 2 2 2 B ■ � a a e § § §) o u § u LU 0 I 8 ( 2 w 6 0 0 k ® k z = n k cn .z ` 0 0 0 § � � � \ ) to - L } 0 ( B 2 E a o 0 � @ k z = = r ) u § m z § ( _ Q L ¢ § D ) 2 z $ 2 / ■ ! o 2 } 2) OD / - � C. § q 2 * « E / o § \_ \ 2 \ ( w o $ a')0 0 � § _ - ; q w £ ° 2 § 7 7 2 } » » a a a ) ) A) � _ k Q 16 , @ z m 2 7 � _ _ § § � E \ § ) z ) § a \ g g z LL w & } ) 6 F e e r \ 0 ) z § k \ ( \ § } § 3 $ 2 j j ? ? ) LU ) } 7 % }(o / / @ R @ 3 2 LU ( Cl. $ ( k 2 S E » » \ § \ / § LU § b § e \CL$ ) / ( z § © S 04 0 $ � 2 0 j � u L z g OD \ k § § m ) w / = } u y \ 0 } � § § � § n S = G R L) « � " m « ® ] » Cl)o & C) C4 2 o 2 jR K z % e e 2 « § « § & u k _ � § cn 00 - a % a U) « t = D a:K 2 U & R & R § IL / Ei a » ° a. f 2 § / \ \ � k k z z % 2 m m e § ; sa R{ { L / § § \ E § § � j / \ Z Lu ( $ § § 2 � * z \ m ? } 7 0- IL $ I / / / 2 2 $ ) / LO LU S \ u I R E TABLE M ANNUAL GROWTH RATE CALCULATIONS BASED UPON HISTORICAL AUIR DATA 2009 2020 ANNUAL ACTUAL CURRENT AUIR AUIR YRS OF GROWTH GROWTH ROADWAY SEGMENT ID# VOLUME VOLUME GROWTH RATE RATE Collier Blvd. Immokalee Rd. to Vanderbilt Beach Rd 30.1 1,100 1,880 11 4.99% 4.99% Immokalee Rd Collier Blvd to Wilson Blvd 44.0 1,613 2,480 11 3.99% 3.99% • All traffic volumes were obtained from the 2009 & 2020 Collier County Annual Update Inventory Report (AUIR). In instances where the historical data indicates a reduction in traffic or insufficient data was available to calculate a growth rate due to construction, a minimum annual growth rate of 2.0% was assumed SAMPLE GROWTH RATE CALCULATION 2020AUIR ^(lNrsofGrowth) Annual Growth Rate (AGR) = -1 2009 AUIR 1880 ^(v11) AGR (Collier) = -1 1,100 AGR (Collier) = 4.99% METHODOLOGY MEETING NOTES 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: via e-mail Time: N/A Location: via e-mail 2-23-2021 People Attendin,: Name, Organization, and Telephone Numbers 1) Yury Bykau, TR Transportation Consultants, Inc., (239) 278-3090 2) Michael Sawyer, Collier County Transportation, (239) 252-2926) Study Preparer: Preparer's Name and Title: Yury Bykau, Transportation Consultant Organization: TR Transportation Consultants, Inc. Address & Telephone Number: (239) 27.8-3090 2726 Oak Ridge Court, Suite 503 Fort Myers, FL 33901 Reviewer(s): Reviewer's Name & Title: Michael Sawyer, Transportation Collier County Transportation Planning Department Organization & Telephone Number: (239) 252-2613 Applieant: Applicant's Name: Mr. J. Wayne Everett, DR Horton, Inc. - SWFL Address: 10541 Six Mile Cypress Parkwa Fort Myers, FL 33966 Telephone Number: (239) 225-2631 Proposed Development: Name: Soluna — Rezone Location: Southwest corner of Tree Farm Road and Massey Street Land Use Type: Residential — Townhomes. ITE Code #: LUC 220 — Multifamily Housing (Low -Rise). Proposed number of development units: 130 dwelling units. Other: n/a Description: Requesting a Rezone on the site. Zoning: N/A Existing: N/A KA2021\01 January\05 Soluna Collier County\2-23-2021 Update\Methodology\2-23-2021 Methodology Meeting Notes.doc Comprehensive plan recommendation: N/A Requested: N/A Findings of the Preliminary Study: Project is anticipated to generate additional 75 weekday PM peak hour two-way net new trips. See the attached trip generation table. Study Tyne: Small Scale TIS ❑ Minor TIS Major TIS ❑ Study Area: Boundaries: Collier Boulevard, north and south of Tree Farm Road (Link #30.1). Immokalee Road. east of Woodcrest Dr (Link #44.0). Based uvon the Collier Countv 2%- 2%-3% Significant Impact Criteria. Additional intersections to be analyzed: None. Horizon Year(s): 2025 Analysis Time Period(s): A.M. and P.M. Peak Hour Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation I Oh Edition Reductions in Trip Generation Rates: None: Pass -by trips: None Internal trips (PUD): No discounts taken Transmit use: n/a Other: n/a _Horizon Year Roadway Network Improvements: None Methodology & Assumptions: Non -site traffic estimates: 2020 AUIR Site -trip generation: ITE Trip Generation I01h Edition LUC 220 Trip distribution method: 80% to/from the west of the site on Tree Farm Road and 20% to/from the east of the site on Tree Farm Road. Traffic assignment method: By Hand Traffic growth rate: From comparisons of the 2009 & 2020 AUIR's Special Features: (from preliminary study or prior experience) Accidents locations: n/a Sight distance: n/a/ Queuing: n/a KA2021V January\05 Soluna Collier County\2-23-2021 Update\Methodology\2-23-2021 Methodology Meeting Notes.doc Access location & configuration: Single connection to Tree Farm Road. Traffic control: n/a Signal system location & progression needs: n/a On -site parking needs: n/a Data Sources: ITE Trip Generation Report, 1 Oth Edition Base maps: n/a Prior study reports: n/a Access policy and jurisdiction: n/a Review process: n/a Requirements: n/a Miscellaneous: n/a SIGNATURES Study Preparer Reviewers Applicant KA2021\01 January\05 Soluna Collier County\2-23-2021 Update\Methodology\2-23-2021 Methodology Meeting Notes. doe TRIP GENERATION EQUATIONS SOLUNA ITE TRIP GENERATION REPORT, loth EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Weekday Multifamily Housing Low -Rise (LUC 220) Ln (T) = 0.95 Ln (X) - 0.51 Ln (T) = 0.89 Ln (X) - 0.02 T = 7.56 (X) — 40.86 23% In 77% Out 63% entering 37% exiting T = Trips, X = Dwelling Units Trip Generation Soluna Land Use Weekday A.M. Peak Hour j Weekda P.M. Peak Hour Daily (2-way) In Out I Total In Out I Total Multifamily Housing Low -Rise 14 47 61 47 28 75 942 (130 dwelling units) 9 n - a 46 1 - I I I I I I 7 7 Zi7 / Y r { r- '..JI-r J Z 7 -r. e Y - F4 n�n - - ,. zo - DIJD r 79 Y-=�-F=1rj °-Jz�.-J.I^xz >;x''.'+sa<�i.�J>� - �>'� - - -J V-❑s�SFzz�,J;, - - c A_ = a __9IIr`3- .i�72ce o - Al blx»nzr � J I ..! .J :J J J -- .J J .J .� 'J :J J J :J.:J ..• :� J s / _ 'J 'J ., rJ iJ :., J ------ r,-rtrT Sri. n u4•ms-��- rr-i ,- Ylvi;.:j YIT Page 11 of 128 COLLIER COUNTY AUIR REPORT -j I 7i n m I C: fJ 2i W C U S tJ u M C2 -,j 1.4 s T� 1� 4 I 9 Ir 7. 4� I' � i 11 21' - 11 'Fi�, - f, T TIT M L- I p �E I H t11 4 i2 - s , , 1, �7j " 1 9 'z t I = 9 12 1- , pi 11� 11 .1 -s S, III T F5 F. z z z 7. z 7-7 7171' ,r_'.Iz z z z z Z Z 7 Z Z Z' Z T 7 n z n in J C 03 J IfIn m 0 C w w ; tW w =t n M. ppp 2.11CC C,C 0 41 F. 1 . -112 1-3 7 1 Ft R 51.2 t 8 .2 iR E —0- �EE 3 3, 32 36 >, >0 0, :c z 2 -22 2 U, E 4 'F,: F, 3 3 1 3 S -5 6 S 7� 75 'j A 2 :S S 2 .4 S9 gk Yet 'E s L LEEn 75 J�- . 11 . . . . t r t 'F, -6 E E 3 313 3) 5 5 E� E,� 9 u L/ U u u :d :d u u L, u J L) LJ u u u L, U L, u t u r, j d2h[RI C� 1. :R all. Page 11 of 128 TRIP GENERATION EQUATIONS Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 29 Avg. Num. of Dwelling Units: 168 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 7.32 4.45 - 10.97 1.31 Data Plot and Enuation K Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Uses 200-299) 31 Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 42 Avg. Num. of Dwelling Units: 199 Directional Distribution: 23% entering, 77% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.46 0.18-0.74 0.12 Data Plot and Equation 300 v w` n 200 F- x X x x X 100 X. x X x ' x x f�. X X _ X X ,>" XX roc X= Number of Dwelling Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.95 Ln(X) - 0.51 RI= 0.90 32 Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Uses 200-299) we- Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: Avg. Num. of Dwelling Units: Directional Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 50 187 63% entering, 37% exiting Vehicle Trip Generation per Dwelling Unit Average Rate 0.56 Data Plot and Equation Range of Rates 0.18 - 1.25 Standard Deviation 0.16 Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Uses 200-299) 33 .�$trict School � � o Sl- Collier Coul� 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): MSchool Capacity Review ❑ Exemption Letter QConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: SUN BRADCASTING RPUD REZONE Project Information: Municipality: COLLIER COUNTY Parcel ID#: (attach separate sheet for multiple parcels): 00205280007 Location/Address of subject property: 1555 MASSEY ST Closest Major Intersection: TREE FARM ROAD AND MASSEY ST II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): owner: SUN BROADCASTING, INC./Contract Purchaser: DR HORTON, INC. Agent/Contact Person: KENRICK S. GALLANDER (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 6610 WILLOW PARK DR SUITE 200 NAPLES, FL 34109 Telephone#: Fax: Email 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. Development Information Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: URBAN RESIDENTIAL SUBDISTRICT Proposed Land Use Designation: RPUD Current Zoning: RURAL AGRICULTURE (A) Proposed Zoning: RPUD Project Acreage: 18.5 +i- Unit Type: SF MF MH C G Total Units Currently Allowed by Type: 74 Total Units Proposed by Type: 130 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: Worksheet is required to be completed by the Applicant only if the project is to be phased: Insert totals by unit type by years. Unit Types: SF = Single Family MF = Multi-Family/Apartments MH = Mobile Homes C = Condo/Co-Op G = Government EXAMPLE: Unit Type Yrl Yr2 YO Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years SF 25 25 25 25 -- -- -- -- -- -- -- -- MF 50 0 0 0 -- -- -- -- -- -- -- -- MH N/A C N/A G N/A Totals by Yr 75 25 25 25 -- -- -- -- -- -- -- -- Grand Total 1150 2 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. ,',j?+,ss�25R9Rla °Sala♦ �4e�fi� RE ,.x - - --_-- -_ —_ —t Y •. � a# I ..`,�� i r1 `.� � • rir '.,i• ! 'Aa. ..i�HlSR7�1ildRlll9ili�StlAtlR:Rt,' ., a 13..-• t�`1tl)ti!'fp SP. MAP LEGEND 77wnF�4ii�i't .. ..ilalr14 'k®tl4xirl�f�lfe dyx� •ia]flEi j!.� ,'• "'Ej 4 �]� Now �:��..edp_ �:i IV ti�--— SUBJECT. PROPERTY - _::. •' 4�R9@IR injiiii�Ri-iilmiw.. .-.:. -'�' ,�_—__.... 1 40 �Rio�iju"z •��4 ���'f � �' •r ►iw!i iliaci:% YIR�iIi�Fae •. ;,, .., , , - . I510i'sFP �:fsfii7 '+�.d F-,•. -::: �• ..---:� .. .. II IIIIiIlII � - dig itas °Yi 07 AL . ,�.. . f..:• i�:4C Y::.� iiw 4 e:•r:�:.v:•.:. _ _ -_".ffi �d_tl' �.. .n _�,T,� •,... - �w �` -' :Aeo SwF. 4. �:� .•��/ •RAH _ , �.�� � �_ •� '; -+ �---- - _ -• , . ..ic n t ENGINEERING Soluna A Residential Planned Unit Development List of Requested Deviations and Justifications Deviation #1 seeks relief from LDC, Section 6.06.01.N, which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that include public utilities. Minimum right-of-way width of 50 feet is requested for local streets within the Soluna RPUD. This deviation is justified because this will be a smaller -scale private residential gated community with controlled access, low traffic volumes and a low posted speed limit. A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. In addition, a 10' PUE will be provided on each side of the right-of-way to accommodate "dry utilities." The 50 foot right-of-way results in a more compact roadway cross-section which accomplishes traffic calming to provide a safer transportation system within the community and reduces the impervious surface impacts to the water management system. All public utilities will be provided within the 50' right-of-way. This deviation is commonly approved and has been effectively implemented in numerous residential PUDs throughout the County and will not affect public health and safety. Deviation #2 seeks relief from LDC Section 6.06.01.J which prohibits dead end streets except when designed as a cul-de-sac, to allow dead end street of less than 100 linear feet. This deviation is justified to provide a less impactful roadway design by eliminating the need for cul-de- sacs and the associated extra area needed to support such an impactful design. Reduced roadway area reduces the impervious surface impacts to the water management system as well as allowing for a more efficient site design through an overall looped layout. The limited vehicular activity within these proposed dead ends, and access to the residential unit's driveways does not negatively impact the overall traffic flow or management within the development. This request has been commonly approved and utilized in other residential PUDs throughout the County and does not negatively impact the public's health, safety, or welfare. Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5 foot sidewalks within public and private rights -of -ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow sidewalks to be constructed only on the side of the streets that are directly adjacent to residential units or amenity areas. This deviation will not adversely impact pedestrian mobility for the project and will reduce impervious areas for improved water quality, storm water attenuation, and minimizes impacts to adjacent preserve areas. Page 1 K:\2020\200061.00.03 Sun Broadcasting PUD, ERR, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal 41\17 Deviation List & Justifications 2021-02-19 FINAL.docx ENGINEERING The private internal local roadways will have low vehicular travel speeds, therefore, the deviation will not negatively impact public health, safety and welfare. This deviation has previously been approved with proven results that fulfill the goal of safe pedestrian mobility. As proposed, the sidewalks will provide a comprehensive circulation throughout the community, including interconnections to the existing and/or proposed sidewalk systems within the public rights -of -way adjacent to the development. Deviation #4 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project where abutting an existing public roadway, and allow a 12' tall wall/berm combination. The proposed deviation will allow for additional visual screening from adjacent properties and noise attenuation from the significant traffic along the public roadways. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. Deviation #5 seeks relief from LDC Section 5.06.02.13.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total combined sign area of 64 square feet, to allow for two (2) ground signs at the proposed project entrance with a maximum height of 10' and total combined sign area of 80 square feet. This proposed deviation will provide for an on -premise ground sign height and size appropriate for its location and orientation to the Tree Farm roadway corridor. The Tree Farm roadway corridor has been recently extended and improved to Massey Street for additional traffic network capacity and management. With this additional traffic and exposure to the public realm as a result of the improvements, the 25% increase in height and area of ground sign for the development is not an excessive request to help ensure improved visibility for travelers along this recently improved corridor. This deviation will enhance public health, safety, and welfare by helping all motorist more easily identify and locate the community and therefore facilitate proper navigation. Page 2 K:\2020\200061.00.03 Sun Broadcasting PUD, ERR, PPL, SIP & SDP\0002 PUD Rezone Application Prep\2021-02-26 Submittal 41\17 Deviation List & Justifications 2021-02-19 FINAL.docx J Q F- Z W /-wJ I Q W a. J .. �UF— Q - LL W W H J cl) 0 Q Z 0 Z LU tr) 0 =) N H Z W V X X O� .x �� _ — — _ _ _ o CURRENT USE: SINGLE FAMILY RESIDENTIAL x ��� XN _ _ _ _ _ _ _ _ = XX ZONING DISTRICT: RPUD x � °�— X � � o� � x ��� x �� xx \ �° x x x� L PERTY �� ��� x X X - _ _ _ D TREE FARM ROAD X c - - _ - �� X X X x------� �NDARY ' — _�x , I X X X 14.8—E-0��=—"—__----- _ XN X� X X 0 O X----- —_X O X X xx x ------ X x— ----��� �� o�X` �o.�� -— --— --- W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W // X X b A I ' ' t ` W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W < x O' \\ O \�� �`•,/"{'� / �� X\ 2 0 TY P E D I I W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W \ /cb IW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W O X \ \ �^`\� �� / // �� X X BUFFER I I PERIMETER BERM W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W x \ 1 1 �I.� �I W W W W \ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W I 1X (� N�J I R W W W W\ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W ,��\� x`I ,/�i�X ry` �� h W W W\ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W X X QI X�,/"J� XNk R W W W\ \ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W x N^o Oj OO (� � x ^Gj� l C�;;(� �� X x xX W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W x' X x I I �� I X I I W W W \ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 9.9 I W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W O.O W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Wcl X X (� I W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W x�X X X� X�X W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W I I W W W W W W W W W W I R/W W W W W W W W W W W W W W W W W W W W W . . . . 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W W W W W W W W W W v� -I I R � L I W W W W W W W W W W W W W W W W W W W W W W W W W W IW W W W W W W W W W W W W W W W W W W W W W W W W W I W W W W W W W W W W W W W W W W W W W W W W W W W W I I I I R W W W W W W W W W W W W W W W W W W W W W W W W W W Z _ I I W W W W W W W W W W W W W W W W W W W W W W W W W W C x I W W W W W W W W W W W W W W W W W W W W W W W W W W W IW I I W W W W W W W W W W W W W W W W W W W W W W W W W W 1 I W W W W W W W W W W W W W W W W W W W W W W W W W W W y` \� W W W W W W W W W W W W W W W W W W W W W W W W W W I� o� X 1 GENERALIZED DIRECTION I X OF FLOW TYP. I I I I I W W W W W W W W W W W W W W W W W W W W W W W W W W '"\O'X\�X X X XX - I X h. �. R10 I I W W W W W W W W W W W W W W W W W W W W W W W W W W I I W W W W W W W W W W W W W W W W W W W W W W W W W W _ 15TYPE 'A' � I W W W W W W W W W W W W W W W W W W W W W W W �� W W W W W W W W W W � W W W W W W W W W W W W W 1 W W W W W W W W W W W W I .W WW .W WW .W WW WW . W . W W W .W .W WBUFFER W W W W I W W W W W W W W W W W W W W W W W W W W W W W W W W J I \� �Vi\ ' ' ' I 10.9— `12.1 15 TYPE A �.� n� PERIMETER BERM R/W x I W W W W W W W W W W W W W W W W W W W W W W W W W W tiX`-) Kati O BUFFER W W W W W W W W W W W W W W W W W W W W W W W W W yl ti�� xl\x X X W W W W W W W W W W W W W W W W W W W W W W W W W W W x N'�� x x ��. y xeI N CURRENT USE■ SINGLE FAMILY RESIDENTIAL X PROPERTY v ti X SITE SUMMARY TRACT/AREA USE AREA (ACRES) PERCENTAGE (%) R RESIDENTIAL 7.41 40.05% AA AMENITY AREA 0.56 3.03% P PRESERVE 5.83 31.51 % L LAKE 1.16 6.27% R/W RIGHT OF WAY 2.74 14.81 % BUFFERS OPEN SPACE .80 4.3243 TOTAL: TOTAL: 18.50 100.00% ZONING DISTRICT: RPUD February 24, 2021 3:22 PM K.\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\ Exhibits\2000610003X CWMP.d BOUNDARY b: x ov x,o LEGEND AA - AMENITY AREA 0 L - LAKE /WATER MANAGEMENT 0 P - PRESERVE R - RESIDENTIAL R/W - RIGHT OF WAY —V - GENERALIZED DIRECTION OF FLOW D --- ► - OUTFALL/CONTROL STRUCTURE — — — - PERIMETER BERM N,TOPO VERTICAL DATUM (NGVD 29) (FLOOD ZONE AH PER FLOOD INSURANCE RATE MAP 12021 CO218H. EFFECTIVE DATE: MAY 16, 2012.) Z 0 LU Z* 1 m O N m � J i 00 O cq Q Cg, � 10 m Z � i5 O 0 U CD (V f6 W CD cV x N } 'L W a� Q Z 4_' LL V Ln O < Z>o�o U lV O U O _O Q W w 0 Q z z 0 Of 5Q 0 z cl� _ � cic J Q 0 0 a w U z 0 U J z w W O J J � � U d DATE: DESIGNED: 12120 KG SEC: TWP: RGE: DRAWN: 35 48 26 HD PROJECT NO. 200061.00.01 SHEET NUMBER: 1 OF 2 ENGINEERING April 16, 2021 Intake Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Soluna Residential PUD Rezone (PUDZ)—Submittal #2 PL20210000093 Dear Intake Team: Please accept this letter in response to your insufficiency letter dated March 30, 2021, for the above subject project. This letter outlines responses to each comment including stipulations. Please find the following list of information and materials that are being submitted electronically: 00. Response to Comments Letter 01. Email dated April 5, 2021, from Mr. Tim Finn 02. Revised Boundary Survey 03. Revised PUD Document Exhibit D — Legal Description 04. Revised PUD Document Exhibit C - Master Plan 05. Revised PUD Document Exhibit F — List of Development Commitments 06. Revised PUD Document Exhibit A — List of Permitted Uses 07. Email dated April 1, 2021, from Ms. Jaime Cook 08. Revised Statement of Utility Provisions 09. Letter dated April 8, 2021, from TR Transportation, Inc. 10. Revised Affidavit of Authorization 11. General Location and Public Facility Map exhibit 12. Concept Utility and Water Management Plan exhibit 13. Revised Covenant of Unified Control with Exhibit A 14. Revised Property Ownership Disclosure 15. Revised Narrative Statement Please note that as a result of findings during the preparation for the environmental permitting, the need for a Floodplain Compensation area was discovered. This new area is referenced in the revised narrative statement and specifically identified on the Master Plan as TRACT F to be used as an open space area to address floodplain management needs. A TRACT F has also been specifically identified on the PUD Document - Exhibit A — List of Permitted Uses. In reply to your review comments, we offer the following responses in bold: Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal H2\Submittal 2- 00 Response to Comments Letter.docx ENGI Rejected Review: Emergency Management Review Reviewed By: Dan Summers 1. Review comments will be provided as soon as they become available Response: Per email from Mr. Finn, dated April 5, 2021, direction was given to resubmit even though no comments were received from Emergency Management. Rejected Review: Engineering Surveyor Review Reviewed By: Marcus Berman 1. The legal description on the Boundary Survey and sheet 8 (Exhibit D) in the RPUD document does not close. It appears to be the 5.86°54'42"E. in the 9th sentence of the 3rd paragraph under the less and except portion of the description. Should be S86°54'42"W. Response: Please see the revised Boundary Survey and Exhibit D. Rejected Review: Environmental Review Reviewed By: Jaime Cook 1. On PUD Master Plan and in Environmental Commitments, disturbed lands (FLUCFCS 740) should not be counted toward on -site native vegetation and amount of required preserve. Update Master Plan and Environmental commitment. Response: Please see the revised Exhibit C - PUD Master Plan and Exhibit F — List of Development Commitments indicating the correct site native vegetation calculation and amount of required preserve. 2. List "Preserve" as principal use for Preserve Tract within PUD document. All other uses should be classified as Accessory uses. Response: Please see the revised Exhibit A of the PUD document adding "Preserve" as a principal use and all other uses being classified as accessory uses. 3. Provide an environmental commitment within PUD document for black bear management, listed plant species identified on -site and gopher tortoises. Response: Please see the revised PUD document's Exhibit F providing an environmental commitment addressing black bear management, listed plant species identified on -site, and gopher tortoises. 4. Provide narrative explaining how project meets CCME goals 6 and 7. Response: Comment resolved per email 41112021 response from Ms. Cook. Please see the attached email. Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGI Rejected Review: Parks and Rec Review Reviewed By: Barry Williams 1. Review comments will be provided as soon as they become available Response: Per email from Mr. Finn, dated April 5, 2021, direction was given to resubmit even though no comments were received from Parks and Recreation. Rejected Review: Public Utilities - PUED Review Reviewed By: Eric Fey 1. 3/30/2021: Estimate peak water demand using a maximum 3-day peaking factor of 1.3 per our 2014 Master Plan. Estimate peak wastewater flow using a maximum 3-day peaking factor of 1.5 per our 2014 Master Plan. Express all values in units of gallons per day (GPD). Revise the Statement of Utility Provisions accordingly. Response: Please see the revised Statement of Utility Provisions. Rejected Review: Transportation Planning Review Reviewed By: Michael Sawyer 1. Additional Items that need to be addressed for Transportation Operations Review: Rev.1: Please provide a figure showing the percentage and volume of project traffic assigned to Collier and Immokalee. Please also explain why traffic is only assigned to east bound Immokalee from Woodcrest and not west bound. Is the assumption that traffic will use Collier instead of Woodcrest for West bound Immokalee? If so the new signal at Woodcrest and Immokalee might be more of a determinant ... 951 is LOS D currently. Response: Please see the attached letter dated April 8, 2021, from TR Transportation, Inc., to Mr. Gallander providing Figures 2 & 3 and Tables 1A & 2A to address the above comment. Rejected Review: Zoning Review Reviewed By: Timothy Finn 1. Submit an Affidavit of Authorization from the current owner (Sun Broadcasting Inc) to the contract purchaser (D.R. Horton Inc) Response: Please see the revised Affidavit of Authorization from current owner (Sun Broadcasting Inc) to the contract purchased (D.R. Horton Inc.). 2. Submit a general location map drawn to scale, illustrating north point and relationship of the site to external facilities such as highways, shopping areas, cultural complexes and the like. Response: Please see the attached General Location and Public Facility Map exhibit for your reference. Page 3 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGI 3. Submit a map showing the location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD. Response: Please see the attached General Location and Public Facility Map exhibit for your reference. 4. Submit a plan for the provision of all needed utilities to serve the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances. Response: Please see the attached concept Utility and Water Management Plan exhibit for your reference. 5. What is the plan to take down the existing antenna towers? Is there a phasing schedule to take these antenna towers down? Response: The plan is to remove the existing antenna towers and associated infrastructure as soon as all applicable development permits are issued by Collier County. A contractor has been acquired to complete the work. There is no phasing to remove the towers and infrastructure. Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko 1. Covenant of Unified Control -please attach the legal description (exhibit A) to the Covenant. Response: Please see the attached Exhibit A to the revised Covenant of Unified Control. 2. Covenant of Unified Control: It should appoint DR Horton Inc. and not Justin A. Robbins, individually, as the authorized representative. Response: Please see the revised Covenant of Unified Control appointing D.R. Horton Inc as the authorized representative, not just Justin A. Robbins. 3. Covenant of Unified Control -The notary needs to list the name of the person that signed the covenant in the notary acknowledgment. Response: Please see the revised Covenant of Unified Control properly listing the name of the person that signed the covenant. 4. Please provide disclosure of ownership of Sun Broadcasting Inc. and DR Horton, Inc. for the CCPC and BCC conflicts checks. The intent of this request is to determine the names of the humans that stand to gain from this petition. Response: Please see the revised Property Ownership Disclosure form. Page 4 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGI 5. County Attorney review of the PUD Document Exhibits and survey will commence with Submittal 2. If all County staff approve Submittal 1, the County Attorney's office will be notified and the rest of submittal 1 will be reviewed. Response: Noted. Rejected Review: Landscape Review Reviewed By: Mark Templeton 1. Since multi -family is permitted and the abutting residential developments to the South and West are single family, please change the buffer type along the South and West from 'A' to'B' Response: Please see the revised Master Plan. 2. The 6' wide reservation is only required where preserves are used to satisfy a Type B or C buffer. Since the preserve extends the entire length of the East boundary which requires a Type D buffer rather than a Type B or C, please modify the note about preserves meeting the buffer requirement to remove the reference to the 6' wide reservation area. Response: Understood. The note has been modified to remove reference to the 6' wide reservation area. Please note, due to requirements of the need to provide for floodplain compensation, the prior designated Preserve area has been altered. For the portion of the subject property now designated as a "Floodplain Compensation" tract (TRACT F), we have provided a 20' Type D Buffer along a portion of the eastern boundary (Massey Street right-of-way) and continued the 15' Type B Buffer along the southern boundary. GENERAL COMMENTS: [Timothy Finn] 1. Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that is a companion item can likewise be considered closed. That six months period will be calculated from the date of this letter. Response: Noted. 2. Additional comments or stipulations may be forthcoming once a sufficient petition has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (HEX). Response: Noted. 3. Please ensure that all members of your team that may testify before the HEX or CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the regulations regarding that issue. Page 5 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGINE ERING Response: Noted. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Noted. 5. Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Noted. 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Noted. 7. Public hearings cannot be held until the Neighborhood Information Meeting (NIM) criteria has been met. In some petition types a NIM must be held while other petition types only require the agent to send a letter. All letters and newspaper ads must be pre -approved by the county planner. For additional information about the process please contact me. Please note that the NIM must be held at least 15 days prior to the first hearing. As you prepare for that meeting, please be aware of the following items: a) Please provide the required NIM notice affidavit and its attachments prior to the meeting (in compliance with the LDQ and Response: Noted. b) Please post signs to direct attendees to the exact meeting location; and Response: Noted. c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone; and Response: Noted. d) You must provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape; and Response: Noted. Page 6 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com RW_ _ F�Gi�+rrxi�G e) Please prepare documents for hand out to all NIM attendees and the public hearing file, that show the differences in the uses that would be allowed in the existing and proposed zoning districts. This request is based upon recent CCPC direction. Response: Noted. 8. Pursuant to F.S. 125.022, exhibits and application materials are subject to review upon each resubmittal until deemed sufficient and complete. Should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Response: Noted. 9. Note the adopted fee schedule requires payment of additional fees for petition review upon the 5t" and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee. Response: Noted. 10. If you would like to discuss the review comments, require clarification and/or wish to identify agree - to -disagree issues, a post -review meeting can be arranged including all rejecting reviewers. To schedule a post -review meeting, please contact me, and Zoning Operations staff will proceed with scheduling. Response: Noted. Neighborhood Information Meeting (NIM) Documents Hosting a Neighborhood Information Meeting (NIM) is required for this application type. To resolve this condition, please upload all supporting NIM documents from meeting to the GMD Public Portal. Contact Planner of this project for additional questions. If you experience issues uploading, please contact Client Services at (239) 252- 1036. Response: Noted. Informational Comments Soluna Residential Planned Unit Development (PUDZ). The subject site is Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict on Future Land Use Map of the Growth Management Plan (GMP). The applicant is proposing 130 DUs (all townhomes) with a density rate of approximately 7 DU/A. They wish to utilize Residential Infill; including purchasing a total of 19 TDRs from a sending area to increase the density to 7DU/A. Response: Noted. Page 7 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com F�Ginrrxi�G Informational Comments Residential Infill: To encourage residential in -fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (e) There is no common ownership with any adjacent parcels; (f) The parcel in question was not created to take advantage of the in -fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989; (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands; and (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Response: Noted. Informational Comments Please include scale and North arrow on "Current use: Single Family Residential Zoning District: RPUD" Response: Noted. Informational Comments This project is consistent with the Future Land Element of the Growth Management Plan. Response: Noted. Page 8 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com F�Ginrrxi�G We trust the enclosed information is sufficient for your review and approval. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Kenrick S. Gallander, AICP Director of Planning Attachments: Application Submittal Requirements (listed above) cc: Mr. Wayne Everett Mr. Mark Brumfield Mr. Richard Yovanovich, Esq. RWA File: 200061.00.03 Page 9 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com Ken Gallander From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Monday, April 5, 2021 9:02 AM To: Ken Gallander Cc: Jane Eichhorn; Blake Finnegan Subject: RE: PL20210000093 - Soluna RPUD (PUDZ) Review Comment Status EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Ken, Please go ahead and resubmit if you are ready. Both Parks and Rec and Emergency Management have been busy with field operations due to Covid and were not able to get to these reviews in time at its first submittal. From: Ken Gallander <kgallander@consult-rwa.com> Sent: Friday, April 2, 2021 5:31 PM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Cc: Jane Eichhorn <JEichhorn@consult-rwa.com>; Blake Finnegan <BFinnegan@consult-rwa.com> Subject: PL20210000093 - Soluna RPUD (PUDZ) Review Comment Status EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Ti m, Can you help us get comments for the following please: Emergency Management Review Corrections: i Parks and Rec Revile Corrections: Reviewer: Planned Unit Rejected 03/29/2021 03/30/2021 Development Rezone i Timothy Finn ((239) 252-4312) Send Email Miscellaneous Corrections Outstanding 03/30/2021 Correction 1: Status: Date Status Changed: Comments: Review comments will be provided as soon as they become available w Planned Unit I Rejected I 03/29/2021 I 03/29/2021 Development Rezone Reviewer: Timothy Finn ((239) 252-4312) Send Email Miscellaneous Corrections Outstanding Correction 1: Status: Date Status Changed: 1 03/29/2021 Comments: Review comments will be provided as soon as they become available We are working to have responses back to you very quickly, but these may hold us up. Thank you! Ken Ken Gallander, AICP JRWA Director of Planning MAIN OFFICE 1239.597.0575 ENGINEERING DIRECT LINE 1239.260.4330 CELL 1850.803.5621 EMAIL I KGallander(a-)-consult-rwa.com *RWA's FORT MYERS OFFICE HAS MOVED! In order to accommodate continued growth and create a little more elbow room for employees and guests, RWA has relocated to 12800 University Drive, Suite 175, Fort Myers, FL 33907. 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. DESCRIPTION THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR THE PUBLIC ROAD RIGHT—OF—WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E., ALONG THE EAST LINE OF SAID SECTION 35, FOR 668.96 FEET TO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S.89°58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02°16'57"W., ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10°08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEET TO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89°58'31 "W., ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73°11'14"W., FOR 79.40 FEET; THENCE S.89°58'31 "W., FOR 57.22 FEET; THENCE S.73°09'14"W., FOR 44.92 FEET; THENCE S.86°54'42"W., FOR 187.12 FEET TO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N.02°16'03"W., ALONG SAID WEST LINE, FOR 40.03 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE N.89°58'31 "E., ALONG SAID NORTH LINE, FOR 1 321 .91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. MMOKALEE RD 0 0 0 0 0 0 o � � o ACREMAKER RD w z Q cn J Q TREE FARM RD U BRISTOL IR < PROJECT D LOCATION cn D CID En 0 � m z m PRESWICK RADCLIFFE TEEN o LN m RAVENNA AVE � � D w O B 61,LO��� SANBORN AVE BUCKS RUN DR D r cn c z � z o D D z PARKSTONE PL � 0 0 VANDERBILT BEACH RD LOCATION MAP NOT TO SCALE SCHEDULE B-II (EXCEPTIONS) NOTES ISSUED BY: FIDELITY NATIONAL TITLE INSURANCE COMPANY TABLE A NOTES: SURVEYOR'S GENERAL NOTES: COMMITMENT NUMBER: 8960546 AGENT: KATZ, BARRON, SQUITERO, FRIEDBERG, ENGLISH & ALLEN, P.A. ITEM 1 ALL CORNERS FOUND OR SET, SEE MAP. COMMITMENT DATE: JANUARY 31, 2021 AT 8:00 A.M. ITEM 3 SEE GENERAL NOTE 7. 1. ORIGINAL FIELD SURVEY FIELDWORK: NOVEMBER 23, 2020 NOTE: ITEMS 1 THROUGH 4 ARE STANDARD TITLE EXCEPTIONS AND HAVE NOT BEEN DEPICTED OR REFERENCED HEREON. ITEM 4 SEE GENERAL NOTE 9. 2. THE LEGAL DESCRIPTION USED TO PERFORM THIS BOUNDARY SURVEY WAS PROVIDED IN THE TITLE COMMITMENT. ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY. 5. EASEMENT TO FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 1544, PAGE 2074, AND OFFICIAL ITEM 5 SEE GENERAL NOTE 5. 3. COORDINATES AND BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA RECORDS BOOK 1576, PAGE 1910, AS AFFECTED BY THE SUBORDINATION OF UTILITY INTERESTS RECORDED APRIL 4, 2008 EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83, 2011 ADJUSTMENT) WHERE THE NORTH IN OFFICIAL RECORDS BOOK 4346, PAGE 416. (AFFECTS SUBJECT PROPERTY AND PARTIALLY PLOTTED) SEE GENERAL NOTE ITEM 6a ZONING REPORT OR LETTER NOT PROVIDED, RURAL AGRICULTURAL DISTRICT (A). LINE OF SECTION 35, BEARS [N89°58'31"E]. 15. ITEM 6b ZONING REPORT OR LETTER NOT PROVIDED, SETBACK REQUIREMENTS. MINIMUM FRONT YARD: 50' MINIMUM SIDE YARD: 30' 4. DIMENSIONS AND ELEVATIONS ARE IN FEET AND DECIMAL PARTS THEREOF. MEASURED BEARINGS 6. RESERVATION OF OIL, GAS AND MINERAL RIGHTS FOUND IN DEED BOOK 30, PAGE 91, AND DEED BOOK 37, PAGE 152. AND OR DISTANCES ARE IDENTICAL WITH PLAT OR RECORD VALUES, UNLESS A DIRECT (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) MINIMUM REAR YARD: 50' COMPARISON IS MADE, m ITEM 8 ALL SUBSTANTIAL OBSERVED FEATURES ARE SHOWN OR NOTED ON MAP. 5. ELEVATIONS SHOWN HEREON ARE IN FEET AND ARE BASED ON THE NORTH AMERICAN VERTICAL 7. INTENTIONALLY DELETED. DATUM OF 1988 (NAVD88). ELEVATIONS AND OR SITE BENCHMARKS WERE DERIVED BY ITEM 11 ALL OBSERVED VISIBLE UTILITIES ARE SHOWN OR NOTED ON MAP, (NO RESPONSE DIFFERENTIAL LEVELING FROM NATIONAL GEODETIC SURVEY PUBLISHED BENCHMARK AJ7569 m 8. RESOLUTION NO. 2001 —352 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 17, FOR RECORD DATA FROM ANY UTILITY COMPANIES, SEE UTILITY PROVIDERS LIST.) STAMPED 482624-3-9898 HAVING A PUBLISHED ELEVATION OF 13.77 FEET. 0 2001 IN OFFICIAL RECORDS BOOK 2893, PAGE 792. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) ITEM 13 SEE GENERAL NOTE 11. 6. SUBJECT PARCEL HAS A PHYSICAL ADDRESS OF 1555 MASSEY STREET, NAPLES, FLORIDA, 34120 9. EASEMENT TO FLORIDA POWER & LIGHT COMPANY RECORDED NOVEMBER 17, 2008 IN OFFICIAL RECORDS BOOK 4407, AND IS IDENTIFIED BY THE COLLIER COUNTY PROPERTY APPRAISER BY PARCEL NUMBER Ln PAGE 4174. (AFFECTS SUBJECT PROPERTY AND PLOTTED) ITEM 18 NO ENVIRONMENTAL ASSESSMENTS PROVIDED. 00205280007 E 7. SURVEYED PARCEL IS IN F.E.M.A. FLOOD ZONE(S) "X" AND "AH" (EL. 14.5') AS SHOWN ON _ 10. SLOPE EASEMENT IN FAVOR OF COLLIER COUNTY RECORDED OCTOBER 9, 2009 IN OFFICIAL RECORDS BOOK 4498, PAGE THE NATIONAL FLOOD INSURANCE PROGRAM'S DIGITAL FLOOD INSURANCE RATE MAP (D.F.I.R.M.) z° 2831. (AFFECTS SUBJECT PROPERTY AND PLOTTED) MAP NUMBER 1200067 0218 H, EFFECTIVE DATE: 05/16/2008. 11. RESOLUTION NO. 2010-168 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED OCTOBER 1, UTILITY SERVICE PROVIDERS: 8. THIS SURVEY REPRESENTS THE BOUNDARY AND THE LOCATED IMPROVEMENTS OR FEATURES, IF 2010 IN OFFICIAL RECORDS BOOK 4610, PAGE 2307. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) ANY, IN ACCORDANCE WITH AND THEIR RELATION TO THE LEGAL DESCRIPTION DEPICTED HEREON. Q ELECTRIC: FLORIDA POWER & LIGHT COMPANY (239) 353-6024 9. SURVEYED PARCEL CONTAINS 805,839 SQUARE FEET OR 18.50 ACRES, MORE OR LESS. 0 12. RESOLUTION NO. 201 1 —1 50 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 22, 2011 IN OFFICIAL RECORDS BOOK 4721, PAGE 1527. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) CENTURY LINK: (239) 263-6210 10. THIS SURVEY DOES NOT MAKE ANY REPRESENTATION AS TO THE ZONING REGULATIONS AND OR RESTRICTIONS ON THE SUBJECT PARCEL. (NO ZONING REPORT WAS PROVIDED BY 13. RESOLUTION NO. 2013-183 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 16, CABLE: COMCAST (800) 266-2278 THEELCOPNT,T 2013 IN OFFICIAL RECORDS BOOK 4965, PAGE 1660. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) a GAS: TECO PEOPLES GAS (877) 832-6747 11. ADJOINING PARCEL INFORMATION AS SHOWN HEREON WAS TAKEN FROM 2020 COLLIER COUNTY 0 14. RESOLUTION NO. 2014 175 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 17, GEOGRAPHIC INFORMATION SYSTEM WEB SITE ON THE NOVEMBER 23, 2020. 2014 IN OFFICIAL RECORDS BOOK 5077, PAGE 1388. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) 12. THIS SURVEY IS FOR THE EXCLUSIVE USE OF THE PARTY(IES) IT WAS ORIGINALLY PREPARED FOR, AS DEPICTED HEREON, AND IS NOT TRANSFERABLE. ANY ADDITIONS OR DELETIONS TO THIS 15. RESOLUTION NO. 2015-174 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 15, SURVEY BY OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF 2015 IN OFFICIAL RECORDS BOOK 5194, PAGE 2196. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) THE SIGNING PARTY. 16. RESOLUTION NO. 2016-182 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 15, 13. ONLY THOSE IMPROVEMENTS, AS DEPICTED HEREON, HAVE BEEN FIELD LOCATED. NO VISIBLE, a 2016 IN OFFICIAL RECORDS BOOK 5314, PAGE 776. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) SURFACE, SUBSURFACE AND OR AERIAL IMPROVEMENTS, IF ANY, HAVE NOT BEEN LOCATED. BUILDING FOUNDATIONS BENEATH THE SURFACE WERE NOT LOCATED. 17. RESOLUTION NO. 2018-149 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 14, 14. AERIAL IMAGERY AS DEPICTED HEREON WAS DOWNLOADED FROM THE COLLIER COUNTY PROPERTY CERTIFICATIONS: 0 2018 IN OFFICIAL RECORDS BOOK 5552, PAGE 3781. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) APPRAISERS WEB SITE IN NOVEMBER OF 2020. DATE OF PHOTO AND RECTIFICATION DATA NOT m KNOWN. D.R. HORTON, INC., A DELAWARE CORPORATION 18. RESOLUTION NO. 2019-159 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 20,co KATZ, BARRON, SQUITERO, FRIEDBERG, ENGLISH & ALLEN, P.A. N 2019 IN OFFICIAL RECORDS BOOK 5676, PAGE 1126. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) 15. EASEMENT TO FLORIDA POWER & LIGHT RECORDED IN OFFICIAL RECORDS BOOK 1576, PAGE FIDELITY NATIONAL TITLE INSURANCE COMPANY 0 1910 CAN NOT BE PLOTTED DUE TO INCORRECT LEGAL DESCRIPTION. O 19. RESOLUTION NO. 2020-146 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RECORDED SEPTEMBER 14, N 2020 IN OFFICIAL RECORDS BOOK 5815, PAGE 1284. (AFFECTS SUBJECT PARCEL, BLANKET IN NATURE, NOT PLOTTED) O N O N Y cl- 04/09/2021 N THIS SURVEY IS NOT VALID UNLESS MICHAEL A. WARD DATE PROFESSIONAL SURVEYOR AND MAPPER VIEWED IN ITS ENTIRELY FLORIDA CERTIFICATE NO. LS 5301 THE SEAL APPEARING ON THIS DOCUMENT WAS THIS PAGE IS NOT COMPLETE WITHOUT PAGE 2 AUTHORIZED BY MICHAEL A. WARD, PLS. NAME DATE 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 DATE: 11/19/20 CLIENT: D o R a H O RTO N, INC. PROJECT: SUN B R OAD CASTI N G FIELD: PS 1 1/23/20 HORIZ. SCALE: "=60' Phone: (239) 597-0575 1 REVISED LEGAL DESCRIPTION W.F. M.A.W. 03/01/21 DRAWN: WE 03/01/21JRW FAX: (239) 597-0578 VERT. SCALE: TITLE: BOUNDARY SURVEY CROSS REFERENCE: PROJECT NO.: SHEET NUMBER: FILE NO.: CHECKED: MAW 03/01 /21 SEC: TWP: RGE: 35 48S 26E ENGINEERING LB No.: 6952 200061.00.02 1 OF 2 01 BS REV # REVISION DRAWN: CHECKED: DATE 0 30 60 120 1 `60' LEGEND (D) = DEED (C) = CALCULATED -OHE- = OVERHEAD ELECTRIC LINES -X- = FENCE AE = ACCESS EASEMENT C.R. = COUNTY ROAD CONC. = CONCRETE DESC. = DESCRIPTION EL. = ELEVATION ESMT. = EASEMENT FCM = FOUND CONCRETE MONUMENT FIP = FOUND IRON PIN FIPC = FOUND IRON PIN WITH CAP ID. = IDENTIFICATION INV. = INVERT LB = LICENSED BUSINESS LN = LANE MAINT. = MAINTENANCE O.R. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PG. = PAGE PUE = PUBLIC UTILITY EASEMENT RCP = REINFORCED CONCRETE PIPE R/W = RIGHT-OF-WAY SIPC = SET IRON PIN WITH CAP SPKD = SET PK NAIL WITH DISK ST = STREET TWP. = TOWNSHIP ❑ = FOUND CONCRETE MONUMENT O = FOUND IRON PIN A = FOUND PK NAIL F-1 = CABLE TELEPHONE SERVICE BOX = COMMUNICATION HANDHOLE = GAS LINE MARKER y� = CONCRETE POWER POLE = GUY WIRE ANCHOR Iol = ELECTRIC HANDHOLE OE = POWER METER = METAL LIGHT POLE 0 = POWER SPLICE BOX Id = WOOD POWER POLE = FIRE HYDRANT ® = WATER SAMPLE POINT = WELL LINE TABLE LINE BEARING LENGTH L1 N89'58'03"E 35.03' L2 S02° 1 6'57"E 388.75' L3 S10°08'28"E 182.84' L4 S41°55'27"E 47.02' L5 S80'37'49"E 153.16' L6 N89°58'31 "E 71 8.67' L7 S73° 1 1 ' 14"E 79.40' L8 N89'58'31 "E 57.22' L9 N73°09' 1 4"E 44.92' L10 N86'54'42"E 187.12' L11 S02°16'03"E 40.03' REV # I REVISION SPKD TBM#1 EL. =16.02' 40' EASEMENT O.R. BOOK 3696, NORTH LINE OF PAGE 1371 SECTION 35 30' EASEMENT \ O.R. BOOK 4346, o SOUTH R/W PAGE 422 TREE FARM ROAD -J--- - - - - - - ---- - - - --- --Z8_- -- - — — — — — — L10 TRACT "P2" (PRESERVE ARA, C.E.) CONSERVATION EASEMENT #3 (O.R. 4940, PAGE 1190) OWNER: CANOPY NEIGHBORHOOD ASSOC INC PARCEL ID: 25225000187 0 �n N LOT 18 I I I I 15'DEI 1 5'LBEII I� WEST LINE -� N 1 /2, NE 1 /4, I I NE 1 /4 LOT 19 I I --- I I I I CANOPY LOT 20 I I (PLAT BOOK 53, I I PAGES 84-88) I I ------------- i--T I I I I LOT 21 I I I I I I LOT 22 I I I I LOT 23 7SOUTH LINE 1 I I I I I I fi-10' D E N 1 /2, NE 1 /4, NE 1 /4 I I 115'LBE I I II I I II 1 5' D E I I II 151LBE I I I II I I II T WARM SPRINGS (PLAT BOOK 60, PAGE 35) OWNER: ARGO WARM SPRINGS LP SPKD PARCEL ID: 81080000285 TBM#2 EL. =16.09' TREE FARM ROAD (R/W WIDTH VARIES) - BASIS OF BEARINGS - PUBLIC ROAD - - I POB OF LESS AND EXCEPT PARCEL OF LAND NORTHEAST CORNER SECTION 35 N.=700265.666' E.=435792.034' I I 10' FPL EASEMENT O.R. BOOK 1544, PAGE 2074 - SECTION 26 - - - N89°58'31 "E 1321 .91'- - EOP -+- - - - SECTION 35 P-------- ------------- --- ---- - CONC. SIDEWALK ---------L6---- — ----- 0 1 1 SLOPE EASEMENT - -L5 --- O.R. BOOK 4498, - - PAGE 2831 R SECTION 25 SECTION 36 1 I � O T CONC. I F- I HEAD -WALL w I EL. =13.6' N I ANTENNA TOWER 36"RCP INV.=9.57' �1 I LL 0 AND CHAIN -LINK FENCE I I ENCLOSURE NO ANTENNA TOWER m z ACCESS PROVIDED AND CHAIN -LINK FENCE I ENCLOSURE NO I v c~n ACCESS PROVIDED I w I SL II STRUCTURE AND I CHAIN -LINK FENCE T y ENCLOSURE NO 1 I o ACCESS PROVIDED ZONE AH ILn 00 Q '` CHAIN -LINK FENCE EL. 14.5' I II _ w N z APPROXIMATELY II CO Y LOCATION SUBJECT 1 `d � Q 0� � 0 N V) (TYPICAL) E:1 PARCEL T CATCH INLET I m 00 � 0 LO z ANTENNA TOWER y GRATE I EL. I o o a o AND CHAIN -LINK FENCE SUN BROADCASTING, INC. =10.05' 15"RCP I ° p o 0 �j ENCLOSURE NO PARCEL ID: 00205280007 E. INV.=7.65' 1 I c~n � `�' SL m p ACCESS PROVIDED / I I� z - z Yo ADDRESS: 1555 MASSEY ST I I,- can Y w v 0 NAPLES, FLORIDA 34120 ANTENNA TOWER I � a U U 0 III AND CHAIN -LINK FENCE g ENCLOSURE NO I o a II ACCESS PROVIDED I I w l I I I I W3I�'N o w� II J I I 1 �uI°-� l I U) U) MID D N WCI<o Cn \ \ I I Q I \\� \ ZONE X ) 30"RC 1 I 35' S. INV.=8.67' \ 10' FPL EASEMENT O.R. BOOK 4407, S. INV198RCP I . I I 30 ' 30' EASEMENT PAGE 4174 FENCE I I o O.R. BOOK 4346, \ 8 8'W I I PAGE 422 SET IRON PIN \� 53.6N. I WITH CAP LB6952 (TYPICAL) I N.=699596.593'1� E.=434496.487' - FN&D - ------------------ ------ 89 80 W 12 7.06------- -- -- L \-FENCE OWNER: VANDERBILT COMMUNITY ASSOC INC FENCE I 30'DE 66.5'E. PARCEL ID: 79305006662 3.3'W. I 1 N^ 0.0'N. I o Y i 2.3'S. 30"RC r- m't 00 N. INV.=8.70' 20'LBEIr-� a w VANDERBILT COUNTRY CLUB-2 19"RCP I I Q o (PLAT BOOK 32, PAGES 42-55) N. INV.=8.65' I a CL O N NAME DATE FIELD: PS 11/23/20 DRAWN: WF 03/01/21 DRAWN: CHECKED: DATE CHECKED: MAW 03/01 /21 w ENGINEERING THIS SURVEY IS NOT VALID UNLESS VIEWED IN ITS ENTIRELY THIS PAGE IS NOT COMPLETE WITHOUT PAGE 1 DATE: 6610 Willow Park Drive, Suite 200 11/19/20 Naples, Florida 34109 HORIZ. SCALE: 1 "=60' Phone: (239) 597-0575 VERT. SCALE: FAX: (239) 597-0578 LB No.: 6952 SEC: TWP: RGE: 35 48S 26E CLIENT: TITLE: D.R. HORTON, INC. BOUNDARY SURVEY EAST 1 /4 CORNER r SECTION 35, Q0 FIND CM 3", LB 3569 N=697591.95 I o E=435898.60 I z I PROJECT: CROSS REFERENCE: SUN BROADCASTING PROJECT NO.: SHEET NUMBER: FILE NO.: 200061.00.00 2 OF 2 200061.00.02 From: CookJaime To: Ken Gallander Cc: Blake Finneaan Subject: RE: PUDZ-PL20210000093; Soluna RPUD (Env. Review Comment) Date: Thursday, April 1, 2021 2:23:06 PM Attachments: imaae003.ona EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Ken, Thank you for forwarding this — when I originally attempted to open the document from Cityview, nothing opened for me beyond the first page. Pages 2 — 7 never loaded for me. This is exactly what I need, so I will go in and withdraw my comment. Thank you! Respectfully, Jaime Cook Principal Environmental Specialist C 7 C ty Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.6290 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! 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. From: Ken Gallander <kgallander@consult-rwa.com> Sent: Thursday, April 1, 2021 2:18 PM To: CookJaime <Jaime.Cook@colliercountyfl.gov> Cc: Blake Finnegan <BFinnegan@consult-rwa.com> Subject: PUDZ-PL20210000093, Soluna RPUD (Env. Review Comment) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Jaime, I'm hoping to get some further help from you on your comment #4: 4. Provide narrative explaining how project meets CCME goals 6 and 7. Within the narrative document of our original submittal, we did provide statements addressing CCME goals 6 & 7 (See attached on pages 5 & 6) Can you either give me a call or email back to help us understand what further details we are missing or some guidance on what we need to expand upon? Thankyou! Ken Ken Gallander, AICP Director of Planning MAIN OFFICE 1239.597.0575 DIRECT LINE 1239.260.4330 ENGINEERING CELL 1850.803.5621 EMAIL I KGallander&consult-rwa.com *RWA's FORT MYERS OFFICE HAS MOVED! In order to accommodate continued growth and create a little more elbow room for employees and guests, RWA has relocated to 12800 University Drive, Suite 175, Fort Myers, FL 33907. CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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): D.R. HORTON, INC. Address: 10541 Six Mile Cypress Telephone: Cell: E-Mail Address: jweverett@drhorton.com City: Ft Myers State: FL Fax: Address of Subject Property (If available): 1555 Massey Street. City: Naples State: FL ZIP: 34120 ROPERTY INFORMATION Section/Township/Range: 3 / 4 / 26 Lot: N/A Block: N/A Subdivision: N/A Metes & Bounds Description: See attached. Plat Book: N/A Page #: N/A Property I.D. Number: 00205280007 ZIP: 33966 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: Collier County Utilities d. Package Treatment Plant ❑ (GPD Capacity): 2.5 MGD e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: Collier County Utilities Total Population to be Served: 325 based on potential of 130 max. units. Peak and Average Daily Demands: A. Water -Peak: 128.3 gpm Average Daily: 45,500 gpd B. Sewer -Peak: 91.6 gpm Average Daily: 32,500 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: June 2022 March 4, 2020 Page 6 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u n ty. gov 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. The sewage treatment process used and method of affluent disposal will be via the existing development's connection to the existing Collier County's Sewage Disposal Utility System lines along Tree Farm Road. 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. Acknowledged. 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. March 4, 2020 Page 7 of 11 7A TRANSPORTATION CONSULTANTS, INC April 8, 2021 Mr. Kenrick S. Gallander, AICP RWA, Inc. 6610 Willow Park Dr, Suite 200 Naples, FL 34109 RE: Soluna RPUD PUDZ-PL20210000093 Dear Mr. Gallander: 2726 OAK RIDGE COURT, SUITE 503 FORT MYERS, FL 33901-9356 OFFICE 239.278.3090 FAX 239.278.1906 TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN TR Transportation Consultants, Inc. has reviewed the traffic comments issued by the Collier County Growth Management Department regarding the above project. The comments and TR Transportation's response to those comments are listed below for reference. T.LS. Application Sufficiency Checklist. 1. Please provide a figure showing the percentage and volume of project traffic assigned to Collier and Immokalee. Please also explain why traffic is only assigned to east bound Immokalee and not west bound. Is the assumption that traffic will use Collier instead of Woodcrest for West bound Immokalee? If so the new signal at Woodcrest and Immokalee might be more of a determinant... 951 is LOS D currently. Acknowledged. See attached revised Figures 2 & 3 as well as Tables 1A & 2A. A portion of project traffic was redistributed to Immokalee Road west of Woodcrest Drive as a result of the new signal at Woodcrest Drive and Immokalee Road intersection. The conclusion of the traffic study will remain the same. If you have any additional questions, please do not hesitate to contact us. Sincerely, Yury Bykau, E.I. Transportation Consultant Attachments KA2021\01 January\05 Soluna Collier County\Sufficiency\4-8-2021 Sufficiency.doc N A Mxe] ♦ 000 WEEKDAY AM PEAK HOUR TRIPS ♦(000) WEEKDAY PM PEAK HOUR TRIPS 4-20%♦ PERCENT PROJECT TRAFFIC TRANSPORTATION TRIP DISTRIBUTION & // TRCONSULTANTS, INC SITE TRAFFIC ASSIGNMENT SOLUNA Figure 2 N n_ LCVCIVU 000 2025 REMAINING CAPACITY (000) 2025 REMAINING CAPACITY AFTER AM PEAK HOUR PROJECT TRAFFIC [000] 2025 REMAINING CAPACITY AFTER PM PEAK HOUR PROJECT TRAFFIC 0.0% IMPACT PERCENTAGE ;FATRTRANSPORTATION REMAINING CAPACITY OF CONSULTANTS,INC SIGNIFICANTLY IMPACTED LINKS SOLUNA Figure 3 2W `n 0 O O M0 O O N O O U = LL F- W VJ D M ° rn O U W O F � 0 0 0 0 W a h M p m d 00 O W J C. CD O O w W O Z J rn W u7 M O Z U z O = _ F LL F W U) w CD z� 0 0 w z F 0 F z O o z r` w V N U ' H m O m 0 C> 0 � 0 0 O C. CO FCA N a O Z o F H W U CC U LL Z 0 0 0 0 DO O O a LJ., 0 N r O N w F z 0 00 00 V) 0 0 U) O o Lh n p J M M co co } v T o QI o 0 0 0 a J co ID c0 100 O U K F z Z z W pl o o o 0 v v (� M M V V W N F z a. M N W W m N N N N N a ILW Z a > > U) U U LL LL Q Q K ] O af w E E a F ~ U U F Li lL 0 '0 w w z N N O o O It � W H 2 F- o a- LL W O O O O (If [if w O O 2 = Y Y Q w W W a LL CL � a 2 a n 3 m N J J o [] 0 0 Oa, ° E E 0 U) N J a z aaa uJU=) mz J W d' fn r- 00 w/ V N D U z O F- F- U 00 00 v x x a a n t- W m F W H (�• J W U U Q W W W W LL Q Q } } } } J N U Q y H w �I a rn n ro n rnco U W a Q U 0 a QI N c0 CD N m m m w ~ _Z u> U N Z _ Q U a N c0 N c0 O O 0 a U W 1n � Z w U_ w m oo O O N Y Q w M N . M N N N M fM LLU m ~ J Q = ~ W o 0 0 0 Z 0 a rn rn rn rn Z c� M M z o Z H_ W Z Q U aQ M m Cl) (0 rn rn U f U a o O Q w i r- M I- M LO LO O O 7 Q N 0 J 0 N N M M i o N Q N a Y Z Lo c0 U') LO r- r m U W oo oD co co O Q N Q J 0 W oO d' l N N Z 2a I �I c0 M m N oQ a a 0 � a LL 0 as 0 rn co n co Y a r Q a a 0 a z z w w 0 cn o 0 0 0 M Q (n 0 O m O m M M M co J F Z W pl 7 O 7 O O O V V W o � � o E E SD @ w @ w U .1 'O � O N N 00 j W F— H 0 O O O O LU (n Z (n w iot TABLE 3A ANNUAL GROWTH RATE CALCULATIONS BASED UPON HISTORICAL AUIR DATA 2009 2020 ANNUAL ACTUAL CURRENT AUIR AUIR YRS OF GROWTH GROWTH ROADWAY SEGMENT ID# VOLUME VOLUME GROWTH RATE RATE Collier Blvd. Immokalee Rd. to Vanderbilt Beach Rd. 30.1 1,100 1,880 11 4.99% 4.99% Immokalee Rd Collier Blvd to Wilson Blvd 44.0 1,613 2,480 11 3.99% 3.99% All traffic volumes were obtained from the 2009 & 2020 Collier County Annual Update Inventory Report (AUIR). " In instances where the historical data indicates a reduction in traffic or insufficient data was available to calculate a growth rate due to construction, a minimum annual growth rate of 2.0% was assumed. SAMPLE GROWTH RATE CALCULATION 2020AUIR "(t/YrsofGrowth) Annual Growth Rate (AGR) = -1 2009 AUIR 1,880 ^(vft) AGR (Collier) = 1 1.100 AGR (Collier) = 4.99% Collier First Hasse ]r. LEGEND SOLUNA RPUD 118.5 acres — Major Roadways Schools — Roads Emergency Public Facilities Parks Early Max Ihborhood Park Gate EI - I School SOURCES: INFORMA' c For Children d Families P9 Cypress Fire Park 10 )U TY GEOGRAPHIC 0 1 2 ml M (2020) W CLIENT: DR HORTON SOUTHWEST FLORIDA ENGINEERING TITLE: SOLUNA RPUD LOCATION & PUBLIC FACILITIES 12800 University Drive, Suite 175 / Fort Myers, Florida 33907 M A P (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com PROJECT 200061.00.03 FILE 200061.00.03 Florida Certificates of Authorization EB 7663 / LB6952 NUMBER: NUMBER: April 9, 2021 9:04 AM K�2020V00061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP�0002 PUD Rezone Application PrepkExhibi.s L..ti- Map.dwg HOT -TAP EX. 141, PVC W M W/ — — — — TAPPING SLEEVE &VALVE W-x= W = W-X- - — X— — —W-X— — —W-X— — —W-x— — —W-X— - HOT -TAP EX. 8" H D P E FM W/ TAPPING SLEEVE & VALVE - '\ X X �" X ,X , X�X _ ___ _______ X; x�D. 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X N x X x> x I W ANw I w Q) ` — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — w w w w w w w w w w w INw�I—w I I x ^ x x x I I SITE SUMMARY TRACT/AREA USE UNITS AREA (ACRES) PERCENTAGE R RESIDENTIAL 130 7.41 40.05% AA AMENITY AREA 0.56 3.03% F FLOODPLAI N 1.92 10.38% P PRESERVE 3.90 21.08% L LAKE 1.16 6.27% R/W RIGHT OF WAY 2.74 14.81 % BUFFERS OPEN SPACE .80 4.3243 TOTAL: TOTAL: 18.50 100.00% CURRENT USE: SINGLE FAMILY RESIDENTIAL ZONING DISTRICT: RPUD April 16, 2021 1:11 PM K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\ Exhibits\2000610003X CWMP - 2.dwg PROPERTY HOT -TAP EX. 121, PVC W M W/ I BOUNDARY TAPPING SLEEVE & VALVE �0 x titiu ix (FLOOD ZONE AH PER FLOOD INSURANCE RATE MAP 12021 CO218H. EFFECTIVE DATE: MAY 16, 2012.) LEGEND AA - AMENITY AREA 0 F - FLOODPLAIN COMPENSATION L - LAKE /WATER MANAGEMENT 0 P - PRESERVE 0 R - RESIDENTIAL R/W - RIGHT OF WAY --v - GENERALIZED DIRECTION OF FLOW �► - OUTFALL/CONTROL STRUCTURE — — — - PERIMETER BERM TOPO VERTICAL DATUM (NGVD 29) O N M Uf1 6l 110 � m � J i 00 O � Q Q rn E rn Z O C y rvm O m rk O ! O 2 ca i N W (V X 4, '" W a� Q O Z} L L V ate--+ Vn In O Q �J In > v Z CD L LU 0 4- 4- 0 U O Q0 _O L.L Q0 AWE z w W O J J � � V a H DATE: DESIGNED: 12120 KG SEC: TWP: RGE: DRAWN: 35 48 26 HD PROJECT NO.: 200061.00.01 SHEET NUMBER: 1 of 1 Q z w w z Q w >Q Q Q w z 0 cAer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (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 sun Broadcasting, Inc. 2824 Palm Beach Blvd. Ft Myers, FL, 33916 (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 D. R. Horton, Inc. 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, c ' • ns rd safeguards of the planned unit development. Owner Owner James W. Schwartz anted Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence oroonline notarization this day of Q-J)nj 20_, by (printed name of owner or qualifier) James W. Schwartzel Such person(s) Notary Public must check applicable box: QAre personally known to me r,JJHas produced a current drivers license • •s;;i?':., DIANE MARIE THORSTENSON OHas produced A, J as ides tM ication. r * YCOMMISSION4GG`±::' a s�=� rIRcS:iv,a, �3 March 4, 2020 Page 8 of 11 COVENANT OF UNIFIED CONTROL EXHIBIT A - LEGAL DESCRIPTION SOLUNA RPUD A Residential Planned Unit Development THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR THE PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E., ALONG THE EAST LINE OF SAID SECTION 35, FOR 668.96 FEETTO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S.89°58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02°16'57"W., ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10°08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEET TO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89°58'31"W., ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73°11'14"W., FOR 79.40 FEET; THENCE S.89°58'31"W., FOR 57.22 FEET; THENCE S.73°09'14"W., FOR 44.92 FEET; THENCE S.86°54'42"W., FOR 187.12 FEET TO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N.02°16'03"W., ALONG SAID WEST LINE, FOR 40.03 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE N.89°58'31"E., ALONG SAID NORTH LINE, FOR 1321.91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Date of option: Date option terminates: Anticipated closing date: C-ArCOUHty 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 public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Jim Schwartzel Digitally signed by Jim Schwartzel Date: 2021.04.15 14:31:22-04'00' Agent/Owner Signature James Schwartzel Agent/Owner Name (please print) 4/15/2021 Date Created 9/28/2017 Page 3 of 3 JRM�-" ENGINEERING NARRATIVE STATEMENT Soluna Residential Planned Unit Development (RPUD) A PUD Rezone (PUDZ) The subject property is located on a single 18.5 +/- acre parcel of land (Property ID No.: 00205280007) located southwest of the intersection of Tree Farm Road and Massey Street (See figure 1). The specific address is 1555 Massey St., Naples, FL 34120. The owner of this subject property is Sun Broadcasting, Inc., and the applicant for this Residential Planned Unit Development Rezone (PUDZ) is D.R. Horton, Inc. The subject property is, by reference, an "infill parcel" per Land Development Code (LDC) Section 4.07.02.A.2, - less than 20 acres, surrounded by at least two common boundaries that are developed and overall located in a heavily developed residential area of Collier County. The Future Land Use Map (FLUM) designation is Urban (Urban - Residential Subdistrict) as provided on the FLUM of the Collier County Growth Management Plan (GMP). The current zoning district is Rural Agriculture (A). Figure 1. Subject Property Location Map The following narrative and attached materials/documentation will further address those applicable criteria as outlined in accordance with the LDC subsection 10.02.13.B.a-h. Revised: April 14, 2021 Page 1 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL revl 2021-04-14.docx ENGINEERING 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 subject property is vacant, with a current zoning designation as Rural Agriculture (A). The property is bounded by residential development with the Vanderbilt Country Club Planned Unit Development (PUD) to the south and the Buttonwood Preserve Residential Planned Unit Development to the west. The subject property is adjacent to the Tree Farm Road public right-of-way to the north and Massey Street public right-of-way to the east. See Table 1 below. Table 1: Surrounding Area Analysis Future Land Use District Zoning District Existing Uses NORTH Urban — Mixed Use RPUD (Warm Springs) Public right-of-way SOUTH Urban — Mixed Use PUD (Vanderbilt Country Club) Residential EAST Urban — Mixed Use Rural Agriculture (A) Public Right-of-way; WEST Urban — Mixed Use RPUD (Buttonwood Preserve) Residential The Soluna RPUD is proposed to develop a maximum of 130 townhome residential dwellings on the 18.5 +/- acres. This proposed residential use is consistent with the surrounding areas' residential land use pattern. A rezone of the subject property from Rural Agriculture (A) to a Residential Planned Unit Development (RPUD) will allow for a more consistent residential land use patten, which more accurately reflects the intent of the FLU designation and is consistent with the abutting residential uses bounding the project site. All necessary utility infrastructure is in place adjacent to the subject property to support the proposed residential development. 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 a public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant, D.R. Horton, Inc., is the contract purchase of the entire 18.5+/- acre subject property. Operation and maintenance responsibility for private areas and facilities shall be assigned to the developer until conveyance to a property owners association at the appropriate time. Further, the proposed RPUD documents make appropriate provisions for the continued operation and maintenance of common areas. Revised: April 14, 2021 Page 2 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL rev 2021-04-14.docx ENGINEERING 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.) The proposed infill residential development allows for residential uses, amenity areas, water management lakes, preserves, open space, floodplain compensation, and internal roadways with sidewalks. The project is designed in compliance with the goals, objectives, and policies set forth in the Collier County Growth Management Plan (GMP) as follows: 1. The subject property is located within the Urban Designation; Urban Mixed Use District; Urban Residential Subdistrict on the Future Land Use Map of Collier County GMP. According to the GMP, the Urban designated areas are planned for the majority of the county's population growth due to the existing or projected urban facilities and services, and thus a majority of the most intensive land uses and greatest densities will occur within these areas. Additionally, the purpose of this district is to provide for the most variety of residential uses densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated to serve the urban environment. The Urban designated areas will allow for both residential and a various non-residential uses. The Urban Residential Subdistrict allows for an overall maximum of 16 dwelling units (du) per acre. The Soluna RPUD is requesting a maximum density of 7 du/acre. The Urban Residential Subdistrict permits a base density of 4 dwellings units (du) per gross acre in accordance with the Collier County GMP Density Rating System (Section B.1.a). Additional Density Bonuses (3 du/acre) are achievable by meeting specific criteria listed in the GMP's Section B.2.d to encourage residential in -fill in urban areas. The Soluna RPUD will meet the requisite criteria under Section B.2.d: d. Residential In fill: To encourage residential in fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; YES. (b) At time of development, the project will be served by central public water and sewer; YES. (c) The project is compatible with surrounding land uses; YES, BASED ON SURROUNDING RESIDENTIAL USES, OPEN SPACE, AND BUFFERING. (d) The property in question has no common site development plan with adjacent property, YES. (e) There is no common ownership with any adjacent parcels; NO ADJACENT PARCELS ARE OWNED BY THE CURRENT OWNER OR APPLICANT. Revised: April 14, 2021 Page 3 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL rev 2021-04-14.docx ENGINEERING (f) The parcel in question was not created to take advantage of the in fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989, YES, THE PARCEL WAS NOT CREATED TO TAKE ADVANTAGE OF THIS SECTION AND WAS RECOGNIZED PARCEL PRIOR TO JANUARY 10, 1989. (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands, UNDERSTOOD, and (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. UNDERSTOOD. 2. As set forth in Objective #3 of the FLUE, all improvements for the Soluna RPUD are planned to be compliant with land development regulations where applicable and as set forth in our PUD development standards and deviations. 3. This proposed development addresses GMP objectives including Future Land Use Element (FLUE) Policies 5.3, 5.5, 5.6, and 5.7 in that the site is located in an urban designated area with available urban services and existing infrastructure. It is a Planned Unit Development project which provides residential infill development in an area specifically designated for urban uses and urban densities. The subject property's location in relation to existing or proposed community facilities and services constitutes an appropriate area for the development of residential land uses as intended in Objective 3 Policy 5.5 of the Future Land Use Element (FLUE). The presence of schools, public facilities, medical facilities, office uses, and emergency services are all within short distance of the subject property as well as water and wastewater treatment services, demonstrate that the proposed residential development will be appropriately served. 4. The proposed infill residential development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.6 of the FLUE through the proposed residential uses, internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The Soluna residential development will be consistent and compatible with existing adjacent residential uses. The proposed development standards are consistent with those found in the Vanderbilt Country Club, Buttonwood Preserve and Warm Springs PUDs. Similar to those projects, Soluna will have a unified architectural theme and landscaping, common open space, a recreational amenity area, and restricted access for the residents and their guests. The proposed development standards limit the scale of the units and height limits (2 stories) furthering consistency with the existing residential developments to the north, south, and west. Revised: April 14, 2021 Page 4 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL rev 2021-04-14.docx ENGINEERING The proposed 15' Type "B" buffers along the south and west adjacent to existing residential are consistent with buffering and landscaping standards approved and applied throughout this area and the County. The project is designed with the internal roadway network adjacent to the proposed buffer, thus providing additional distance from the neighboring residents. An extensive preserve area along the northeast and eastern portion of the Soluna development will provide further buffering from adjacent uses to the east, while also retaining more of the native natural setting the community desires. 5. The proposed property is adjacent to Tree Farm Road and Massey Street. Both roadways are neither a county classified arterial nor a collector road. In accordance with the Master Plan, the development will connect to Tree Farm Road. Based on the existing roadway classifications and project's accessway connection, the proposed development is consistent with the intent of Policy 7.1 of the GMP. The project provides for an internally looped roadway system, which is consistent with Policy 7.2 to encourage such development design to reduce vehicle congestion on nearby roadways. Policy 7.3 is not applicable to this project as the surrounding developments are developed with no opportunity to inter- connect to other internal local streets. The proposed RPUD provides the area with a potential housing options that differ from what currently exists in the area, which is predominantly single-family detached development. The project is requesting a density that will allow the development of townhomes or duplexes, which will diversify the housing stock and provide housing choices, while still providing a quality community consistent with the area and will include amenity areas, preserve, open space, and internal roadways and pedestrian connectivity to solicit walkability and smart growth initiatives consistent with Objective 7 and Policy 7.4 of the GMP. 6. A Traffic Impact Statement, dated February 23, 2021, has been prepared for the subject project. The TIS concludes there is available capacity within the adjacent transportation network, and thus, consistent with Policy 1.3 of the Transportation Element. 7. Goal 6 of the GMP's Conservation and Coastal Management Element (CCME) seeks to ensure identification, protection, conservation, and to appropriately use native vegetative communities and wildlife habitat. The project, a proposed residential in -fill development on land great than 5 but less than 20 acres and not within the Coastal High Hazard Area, is consistent with the supporting Policy 6.1.1 and the implementing regulation under LDC Section 3.05.07.13.1 by providing 3.90+/- acres of preserve, which exceeds 15% (1.42+/- acres) of 9.44+/- acres of existing native vegetation. Revised: April 14, 2021 Page 5 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL rev 2021-04-14.docx ENGINEERING 8. Goal 7 of the GMP's Conservation and Coastal Management Element (CCME) seeks to protect and conserve the county's fisheries and wildlife. A Protected Species Assessment was conducted on the subject site. The assessment concluded the project, as proposed, is consistent with all the applicable Goals and Objectives of the CCME of the GMP. Thereby, consistent with all applicable federal and state permitting requirements regarding listed species protection concurrent with Policy 7.1.4 of the CCME. 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. As previously stated, the property is bounded to the south and west by residential uses and public right-of-way to the north and east. The proposed residential uses, site design, orientation of structures, architectural elements, proposed development standards, placement of buffering/screening, and open space provided further emphasizes its compatibility with the surrounding area, e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed development will meet or exceed the minimum 60% open space requirements of the Collier County LDC. Usable open space in the form of a recreational area, common areas, pedestrian walkways, lakes, floodplain compensation land, and a preserve will be provided throughout 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. Public and private improvements and facilities are available for the site. Water and sewer service is available. Roadway capacity as confirmed by the provided TIS. Drainage is adequate for the site. Waste management, cable, electric, and telephone service are available. Adequate schools, police, fire, bus, park, and health care facilities are within the proposed development's service area. Payment of impact fees and timing of adequate public facilities certification are mechanisms to assure the development is appropriately serviced. g. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed residential community is an ideal infill project that is compatible with surrounding residential uses and is appropriate for the general area and the specific property. Revised: April 14, 2021 Page 6 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\Working Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL rev 2021-04-14.docx JRM�-" ENGINEERING 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. The proposed development conforms with the intent of the PUD regulations by establishing uses and development regulations that are consistent with similar residential developments adjacent to and throughout Collier County. The requested deviations provide design flexibility that will help improve the overall project while not causing any adverse impact the public health, safety, and welfare. Revised: April 14, 2021 Page 7 of 7 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\`/forking Docs, Submittal #2\Submittal 2 - 15 Narrative Statement FINAL revl 2021-04-14.docx ENGINEERING June 7, 2021 Intake Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Soluna Residential PUD Rezone (PUDZ) —Submittal #3 PL20210000093 Dear Intake Team: Please accept this letter in response to your insufficiency letter dated May 17, 2021, for the above subject project. This letter outlines responses to each comment including stipulations. Please find the following list of information and materials that are being submitted electronically: 00. Response to Comments Letter 01. Revised PUD Exhibits A-F 02. Site Line Rendering Exhibits (Canopy and Vanderbilt Country Club) 03. Revised Affidavit of Authorization In reply to your review comments, we offer the following responses in bold: Rejected Review: Zoning Review Reviewed by: Timothy Finn 1. Please address the following issues that were discussed at the 4-21-21 NIM: The public would like landscape buffering between the residential areas to the south and west of the proposed Soluna PUD Response: Per Exhibit C — Master Plan, a 15" Type 'B" Buffer will be provided along the western and southern property lines of the Soluna PUD. These buffer areas will be planted in accordance with LDC Section 4.06.02. The public would like a wall between the residential areas to the south and west (Vanderbilt Country Club and Canopy) of the Soluna PUD. The public wants to retain the existing vegetation and trees and construct the wall. Response: Based on our assessment of the surrounding developments, neither Canopy nor Vanderbilt Country Club were required to have or chose to construct a wall if an option. The applicant will be providing the required buffer width and landscape plantings consistent with the surrounding development pattern ensuring compatibility between existing and the Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2020\200061.00.03San Broadcasting PUD, ERP, PPL, SIP & SDP\0003 PUD Rezone Application Support\W orking Docs, Submittal #3\Submitta13 - 00 Response to Cam ments Letter —2.doa ENGINEERING proposed residential land uses. The applicant is considering an optional 6-foot high chain link fence to help ensure a more secure location. Additionally, due to site development standards and best engineering practices to meet state and local water management requirements, the property must be altered to ensure proper grading and drainage. The site alternations will likely require the existing vegetation be removed along the PUD boundary line and replaced or supplemented with code required plantings within the buffer. It is the intent to save as many existing trees along the PUD boundary line as possible based on finalized site development plan approval and construction constraints. • The public were concerned that the Soluna townhomes will tower and look into their homes at Vanderbilt Country Club and Canopy. The Soluna townhomes are too close to these residences. Response: Please refer to the site line rendering exhibits we have prepared to help visualize the proposed two-story homes on the Soluna property. Based on these renderings, it is the applicant's position that the proposed Soluna two-story homes do not "tower" over the adjacent neighbor's property. The Soluna homes are setback approximately 38.7 feet from the PUD perimeter property line, which is more than the setback required of 20 feet for a traditionally zoned residential use. Additionally, the existing landscape buffer plantings required of the Canopy development and future landscape buffer plantings, when at a more mature state in five years, within the Soluna development will further help ensure views towards the Canopy development will be significantly impeded. • The public said that there needs to be additional space between the Soluna townhomes and the Canopy residential homes. The public were concerned about these dimensions. Response: To ensure space is provided between the Soluna homes and the Canopy homes, we have revised the Minimum PUD Perimeter Setback development standard to be increased from 15 feet to 30 feet. See Exhibit B of the PUD document. • The public would like for the agent to revise and move the preserve area from the east side of the Soluna PUD to the other side of the PUD and to not disturb any existing vegetation. Response: The preserve area is necessary to be located on the eastern portion of the Soluna property based on the following: 1. To maintain historical east to west water flow patterns to the lowest areas of the property for stormwater/floodplain management. 2. To be environmentally aware by retaining the existing wetlands located in this area of the property. 3. To complement the required Floodplain Compensation area that will be adjacent to the preserve area on the eastern side of the property. Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGINEERING Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko 1. Affidavit of Authorization for Sun Broadcasting, Inc.: It should appoint DR Horton Inc. and not Justin A. Robbins, individually, as the authorized representative. Response: Please see the correct Affidavit of Authorization from current owner, Sun Broadcasting Inc, to not just Justin A. Robbins, but also D.R. Horton Inc. 2. Please provide a letter from Sun Broadcasting Inc. stating that it agrees to be the Managing Entity per Section A, GENERAL, of Exhibit F of the PUD. Response: Per our discussion on May 27, 2021, please see the revised Exhibit F of the PUD document identifying D.R. Horton, Inc. as the Managing Entity, due to the fact it is named as the applicant for this petition. 3. Please address my comments and requested changes per my 5-13-21 review of the PUD document, to be provided by email by County staff. Response: Please see the revised PUD document addressing the comments. Per our discussion on May 27, 2021, it was agreed that no changes or further information is needed regarding the typical section for the 50' right-of-way and associated Deviation #3. However, to ensure clarity, we have added language to the section stating, "WHERE REQUIRED CONSISTENT WITH DEVIATION #3." Rejected Review: Landscape Review Reviewed By: Mark Templeton 1. The 6' wide reservation is only required where preserves are used to satisfy a Type B or C buffer. Since the preserve extends the entire length of the East boundary which requires a Type D buffer rather than a Type B or C, please modify the note about preserves meeting the buffer requirement to remove the reference to the 6' wide reservation area. Rev. 2: Please remove the last sentence from Master Plan Note 4. This is in relation to the 6' wide reservation. The preserve will still be required to be supplemented in accordance with 3.05.07 if necessary, to meet the buffer requirement even if developed as single family. And modify the second sentence as follows: "In the event that the preserve does not satisfy the buffer requirement after removal if exotics, supplemental planting will be provided in accordance with LDC 3.05.07 to meet the buffer requirement." Response: Please see the revised Master Plan Note 4 to state the following: 14. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENT AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTION 4.06.02 AND 4.06.05.E.1. IN THE EVENT THAT THE PRESERVE DOES NOT SATISFY THE BUFFER REQUIREMENT AFTER Page 3 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGINEERING REMOVAL OF EXOTICS, SUPPLEMENTAL PLANTING WILL BE PROVIDED IN ACCORDANCE WITH LDC 3.05.07 TO MEET THE BUFFER REQUIREMENT." Please note: We revised Exhibit C — Master Plan specific to the proposed 20' Type "D" Buffer along the northwest/north property boundary as a result of comments received during the PPL review (PL20210000514). The comment requires that no portion of the buffer area can be located within the 10' and 30' easements. We have identified on the revised Exhibit C — Master Plan the recorded easements, their locations, further detailed a minimum 20' Type "D" buffer adjacent to the easements and ensured the buffer area is outside of the easements. General Comments Timothy Finn 1. Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that is a companion item can likewise be considered closed. That six months period will be calculated from the date of this letter. Response: Noted. 2. Additional comments or stipulations may be forthcoming once a sufficient petition has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (HEX). Response: Noted. 3. Please ensure that all members of your team that may testify before the HEX or CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the regulations regarding that issue. Response: Noted. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Noted. 5. Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Noted. Page 4 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGINEERING 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Noted. 7. Pursuantto F.S. 125.022, exhibits and application materials are subject to review upon each resubmittal until deemed sufficient and complete. Should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Response: Noted. S. Note the adopted fee schedule requires payment of additional fees for petition review upon the 5th and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee. Response: Noted. 9. If you would like to discuss the review comments, require clarification and/or wish to identify agree -to - disagree issues, a post -review meeting can be arranged including all rejecting reviewers. To schedule a post -review meeting, please contact me, and Zoning Operations staff will proceed with scheduling. Response: Noted. Informational Comments Soluna Residential Planned Unit Development (PUDZ). The subject site is Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict on Future Land Use Map of the Growth Management Plan (GMP). The applicant is proposing 130 DUs (all townhomes) with a density rate of approximately 7 DU/A. They wish to utilized Residential Infill; including purchasing a total of 19 TDRs from a sending area to increase the density to 7DU/A. Response: Noted. Informational Comments Residential Infill: To encourage residential in -fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; Page 5 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com ENGINEERING (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (e) There is no common ownership with any adjacent parcels; (f) The parcel in question was not created to take advantage of the in -fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989; (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands; and (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. Response: Noted. Informational Comments This project is consistent with the Future Land Element of the Growth Management Plan. Response: Noted. We trust the enclosed information is sufficient for your review and approval. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Kenrick S. Gallander, AICP Director of Planning Attachments: Submittal Documents (listed above) cc: Mr. Wayne Everett Mr. Mark Brumfield Mr. Richard Yovanovich, Esq. RWA File: 200061.00.03 Page 6 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com EXHIBIT A LIST OF PERMITTED USES SOLUNA RPUD A Residential Planned Unit Development PERMITTED USES: A maximum of 130 dwelling units shall be permitted in this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL: TRACT R A. Principal Uses: 1. Dwelling Units: • Detached single family • Attached single family & townhouses • Two family, zero lot line • Multi -family 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures and utility buildings and infrastructure. 2. Walls, berms, signage (including boundary marker signage), and development excavations. 3. Gatehouses, and access control structures. 4. Recreational uses and facilities including swimming pools for residents and their guests. 5. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. Page 1 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. AMENTIY AREA: TRACT AA A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, parks, dog parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. 4. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Walls, berms, signage (including boundary marker signage), and development excavation. 3. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the FLOODPLAIN COMPENSATION: TRACT F A. Principal Use: 1. Open Space B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required compensation area to be utilized and does not alter the designed ground elevation. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Page 2 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 PRESERVE: TRACT P A. Principal Use: 1. Preserve B. Accessory Uses: Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Page 3 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 EXHIBIT B LIST OF DEVELOPMENT STANDARDS SOLUNA RPUD A Residential Planned Unit Development Table 1 below sets forth the development standards for the land uses within the Soluna RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP), Site Development Plan Amendment (SDPA) or Plat. TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS ATTACHED DETACHED SINGLE FAMILY TWO-FAMILY, MULTI - DEVELOPMENT STANDARDS SINGLE AMENITY AREA & ZERO LOT LINE FAMILY FAMILY TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,000SFPER 1,800 SF PER 1,800 SF PER UNIT 1 ACRE 10,000 SF UNIT UNIT MINIMUM LOT WIDTH 40 Ft 20 Ft 40 Ft 100 Ft 100 Ft MINIMUM FLOOR AREA 1,000 SF 1,000 SF 1,000 SF 1,000 SF 700 Ft MINIMUM FRONT YARD 23 Ft (1) 23 Ft (1) 23 Ft (1) 23 Ft (1) N/A MINIMUM SIDE YARD 5 Ft 0 OR 5 Ft (2) 0 OR 5 Ft (2) 0 OR 5 Ft N/A MINIMUM REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft N/A MINIMUM PUD PERIMETER 30 Ft 30 Ft 30 Ft 30 Ft N/A SETBACK MINIMUM PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft MINIMUM DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft STRUCTURES) MAXIMUM HEIGHT ZONED (not to exceed 2 stories) 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft ACTUAL (not to exceed 2 stories) 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft Page 4 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 ACCESSORY STRUCTURES MINIMUM FRONT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. MINIMUM SIDE S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. MINIMUM REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft MINIMUM PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft MINIMUM PUD SETBACK 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft MAXIMUM HEIGHT ZONED (not to exceed 2 stories) ACTUAL (not to exceed 2 stories) 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft NOTES: • S.P.S. = Same as Principal Structures GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or boundary lines, or between structures. If required, landscape buffers and lake maintenance easements shall be platted as separate tracts at time of SDP or Plat approval. • Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. FOOTNOTES: (1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet. All other portions of this principal structure except as noted later in this paragraph, whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet front the front yard property line, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures, including overhangs, shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. Page 5 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 CURRENT USE: SINGLE FAMILY RESIDENTIAL J g H Z W /�wJ I W 5J Q U. J 0 � ZwJ I wwJ I m Z W V a. w 30' EASEMENT O.R. BOOK 4346) PAGE 422 10' FPL EASEMENT O.R. BOOK 15447 PAGE 2074 PROPERTY ZONING DISTRICT: RPUD TREE FARM ROAD BOUNDARY CURRENT USE: SINGLE FAMILY RESIDENTIAL ZONING DISTRICT: RPUD June 7, 2021 10:59 AM K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\Exhibits \2000610003X MCP.d SLOPE EASEMENT O.R. 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W Ln Lri O < • W W W W W W W W W W W W W W W W W W IW I U � I Q � v Q L W W W W W W W W W W W W W W W W W W �1I•y I I W � rZ Ol W W W W W W W W W W W W W W W W W W W I W W W W W W W W W W W W W W W W W W W W I I Ln V W W W W W' W W W W W W W W W W W W W W W � � �� •�--+ • W W W W W\ �W W W W W W W W W W W W W �r II W I (n Z rn V W W W W W W W W W W W W W W W W W W W W �/ / I ■■ W W W W W W W W W W W W W W W W W W I O m W W W W W W W W W W W W W W W W W W W W II I W N CDO . . . . . V• V• . . . . . . . . . . . _ I L Q0 `- W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W •yl� W • W W W W W W W W WI WLU ' W W W W W W •r I �W\W W W W WI W II I W W W W W W W W W W I W i I I 20' TYPE'D' BUFFER LEGEND PROPERTY BOUNDARY PROJECT INGRESS/EGRESS ---- - R/W A4t - DEVIATION LOCATIONS AA - AMENITY AREA 0 F - FLOODPLAIN COMPENSATION L - LAKE /WATER MANAGEMENT 0 P - PRESERVE R - RESIDENTIAL R/W - RIGHT OF WAY z o O I--ry, o Q _ D � J I m P WE m z w W O J J [[ U d1 DATE: DESIGNED: 12120 KG SEC: TWP: RGE: DRAWN: 35 48 26 HD PROJECT NO.: 200061.00.01 SHEET NUMBER: 1 OF 2 z Q w Q U m w RPUD MASTER PLAN NOTES: 1. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 2. THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER PRELIMINARY SUBDIVISION PLAT APPROVAL, OR CONSTRUCTION PLANS AND PLAT APPROVAL OR SDP. 3. PROJECT DENSITY: 7 DWELLING UNITS PER ACRE. 4. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENT AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTION 4.06.02 AND 4.06.05.E.1. IN THE EVENT THAT THE PRESERVE DOES NOT SATISFY THE BUFFER REQUIREMENT AFTER REMOVAL OF EXOTICS, SUPPLEMENTAL PLANTING WILL BE PROVIDED IN ACCORDANCE WITH LDC 3.05.07 TO MEET THE BUFFER REQUIREMENT PRESERVE AND OPEN SPACE: REQUIRED PRESERVE: 1.42± AC; 15% OF 9.44± AC. OF EXISTING NATIVE VEGETATION PROVIDED: 3.90± AC REQUIRED OPEN SPACE: 60% PROVIDED OPEN SPACE: 60% June 7, 2021 10:59 AM K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\Exhibits \2000610003X MCP.d SITE SUMMARY TRACT/AREA USE UNITS AREA (ACRES) PERCENTAGE R RESIDENTIAL 130 7.41 40.05% AA AMENITY AREA 0.56 3.03% F FLOODPLAIN 1.92 10.38% P PRESERVE 3.90 21.08% L LAKE 1.16 6.27% R/W RIGHT OF WAY 2.74 14.81 % BUFFERS OPEN SPACE .80 4.3243 TOTAL: TOTAL: 18.50 100.00% ... R/W ^ ... R/W _ ... TYPICAL SECTION 50'RIGHT-OF-WAY Scale: NTS *I O cV Ln m m � J co O 0 M If ILL Ln �o E rZLOo LU z Z F - C \M m'o 2 adov�m' O L N W cV LU w < � }' LL. Z 73 C� V)Lr) oQ ;Ln ono LU p a� m� m rn 4" N " O V m O _O ILL. w z � Q Q J r r z z w � � Q O a 2 U �C Q U O Of m m = z x w z w W O J J [[ U 1": DATE: DESIGNED: 12120 KG SEC: TWP: RGE: DRAWN: 35 48 26 HD PROJECT NO.: 200061.00.01 SHEET NUMBER: 2 OF 2 EXHIBIT D LEGAL DESCRIPTION SOLUNA RPUD A Residential Planned Unit Development THE NORTH HALF (N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR THE PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E., ALONG THE EAST LINE OF SAID SECTION 35, FOR 668.96 FEETTO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S.89°58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02°16'57"W., ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10°08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEET TO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89°58'31"W., ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73°11'14"W., FOR 79.40 FEET; THENCE S.89°58'31"W., FOR 57.22 FEET; THENCE S.73°09'14"W., FOR 44.92 FEET; THENCE S.86°54'42"W., FOR 187.12 FEET TO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N.02°16'03"W., ALONG SAID WEST LINE, FOR 40.03 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 35; THENCE N.89°58'31"E., ALONG SAID NORTH LINE, FOR 1321.91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 805,839 SQUARE FEET OR 18.50 ACRES, MORE OR LESS. Page 8 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 EXHIBIT E LIST OF DEVIATIONS SOLUNA RPUD A Residential Planned Unit Development Deviation #1 seeks relief from LDC, Section 6.06.01A, which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that include public utilities. Deviation #2 seeks relief from LDC Section 6.06.01.J which prohibits dead end streets except when designed as a cul-de-sac, to allow dead end street of less than 100 linear feet. Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5 foot sidewalks within public and private rights -of -ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow sidewalks to be constructed only on the side of the streets that are directly adjacent to residential units or amenity areas. Deviation #4 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project where abutting an existing public roadway, and allow a 12' tall wall/berm combination. Deviation #5 seeks relief from LDC Section 5.06.02.13.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total combined sign area of 64 square feet, to allow for two (2) ground signs at the proposed project entrance with a maximum height of 10' and total combined sign area of 80 square feet. Page 9 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS SOLUNA RPUD A Residential Planned Unit Development The purpose of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is D.R. Horton, Inc. 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 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 monitoring and fulfillment of PUD commitments. B. 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." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: The maximum total daily trip generation for the PUD shall not exceed 75 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. Page 10 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 LANDSCAPING: Preserves may be used to satisfy the landscape buffer requirement after exotic vegetation removal in accordance with LDC Section 4.06.02 and 4.06.05.e.1. In the event that the preserve does not satisfy the buffer requirement after removal of exotics, supplemental planting will be provided in accordance with LDC 3.05.07 to meet the buffer requirement. ENVIRONMENTAL: The project has 9.44+/- acres of native vegetation. A minimum of 15 percent of the existing calculated native vegetation on -site shall be retained. The minimum required preserve for the RPUD is 1.42+/- acres. The project is providing 3.90+/- acres. The Collier County Preserve Management Plan will specify that the potentially occupied gopher tortoise burrows occurring within the development footprint will be excavated and the resident tortoises relocated pursuant to a Florida Fish and Wildlife Conservation Commission (FWC) gopher tortoise permit that will be obtained for the project. Residents will be provided with educational materials concerning preventing nuisance black bears. Both butterfly orchids (E. tampensis) and stiff -leaved wild -pines (T. fasciculata) were observed in various locations across the site. Pursuant to Land Development Code (LDC) Section 3.04.03 if these species are not present within the preserve at the time of development, between two and ten plants of each species (growing within eight feet of natural grade) will be relocated from the development footprint to the on - site preserve prior to the initiation of clearing activities. PUBLIC UTILITIES: Reserved MISCELLANEOUS: Reserved Page 11 of 11 Soluna RPUD Revised: May 18, 2021 PL20210000093 THE CANOPY SIDE THE SOLUNA SIDE Initial Planting Buffer Section Scale 1/8" = 1'-0" THE CANOPY SIDE THE SOLUNA SIDE Five Year Stage Buffer Enlargement Scale 1/8" = 1'-0" og m% ■ Prol a Rn3 owoW2r �o 0 V a 0 u a a Z C L J 0 � V�1 CC Z SHEET 1 OF 2 PROPERTY LINE . 20' 5 0' RO 20' 2 5' 5 0' ROW 20' �wistinq Tyrxo. A BUHar Planting — � I � � ~ � � p0 with a -6' - 8' hedge, canoes � trees native pMrns and -6' ch$inlink€enc$ +! —T�pe 9 Buffer Planting that �-uses 10' - 12' O.A. canopy trees, a 5' 0A.liedge and ®r" -- - - - galloN 18" to -2 4" Wgbt i FFE=1 .60r shrubs on tbeslape FFIE=1 7t r ROAD 10, 15' THE VAN DERBILT SIDE THE SOLUNA SIEGE Initial Planting Buffer Enlargement Scale 1/8" i V-0" 0' FFE ` 16.60'11 901 (AVG.) so' ROW I:xiSbMq TYPE A 13uffer PiariwN — wWh a 6' - 8' he-dge. canopy trees; nati4e% palins and 6' chainli.nk f-en re. ROAD THE VANDERBILT SIEGE - -- --- — i 0' PROPERTY LINE I s' _ Propfrwed Type 9 i3uht r at I hae F, year slag. 15, 50' ROW r ROAD THE SOLUNA SIDF 0' EFE= 1 7.5' Five Year Stage Buffer Enlargement Scale 1/8 It = I r-O 11 0 0 ed ed J W 4 4J � n 4- �L Z N -s r dW"� 2N ra JELL PeDjera # 21240 ilvs A 6 D I ILL C U 0 vi r) It n 0 SHEET OF 2 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210000093 1, James W. Schwartzel (print name), as President (title, if applicable) of Sun Broadcasting, Inc. (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicant =contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Justin A. Robbins / D. R. Horton, Inc. 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 facts stated in !tare rue. �ignatu ate STAT F FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or ® online notarization this day of 20ZL, by (printed name of owner or qualifier) .. [ um`C W . Sc A QJ C -1 Such person(s) Notary Public must check applicable box: M Are personally known to me ® Has produced a current drivers license ® Has produced as ide ' ication. Notary Signatu CP\08-COA-00115\155 REV 3/4/2020 , :ray oug DKNE MMIE THORSTENSON .'eOWSSION # GG 953040 o� EXPIRES: May 29, 2024 ':For F�$•' Bonded Thm Notary Publfe UrAvi niters AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses ofproperty owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this IS day of Q,� L , 2021 by �,s Qt c-1g- C.,aLi--t , who is personally known to i e or who has produced sze�� _ (Signatureof Notary Public) Nb0,t4 y,# - -�- Printed Name of Notary GANIM Procedures/Affidavit Of Compliance - NIM Oct201 O.Doc as identification. (Notary Seal) Notary Public Stabs d Florids R Noah Medea �215ssMy COmmissio�Expires 10111/2023 ,,ORM6I ENGINEERING March 29, 2021 Subject: Neighborhood Information Meeting Soluna RPUD Rezone Application (PL20210000093) Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a request to rezone the property from Rural Agriculture (A) to Residential Planned Unit Development (RPUD). The Soluna RPUD subject property is 18.21 ± acres and is located southwest of the intersection of Tree Farm Road and Massey Street in Section 35, Township 48 South, Range 26 East, Collier County, Florida. The Petitioner is asking the County to address the following: • Seek approval of a rezoning from Rural Agriculture (A) to Residential Planned Unit Development (RPUD) in order to allow for a future development of up to 130 residential dwelling units with an amenity center. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held at 5:30pm on Wednesday, April 21, 2021, at the Peace Lutheran Church, 9850 Immokalee Rd, Naples, FL 34120. Due to COVID-19, special accommodations will be made to allow people to attend in person or virtually. The meeting will be held indoors where CDC guidelines will be observed. Reservations for in -person meeting attendance is required to ensure social distancing can be met. The meeting will also be online via Zoom. Should you choose to either participate in the Zoom meeting or want to attend in -person, please notify us via email at bfinnegan@consult-rwa.com prior to April 20, 2021, to allow us to send you login instructions and document your reservation. Should you have questions prior to the meeting, please also contact me via email at kgallander@consult-rwa.com or 239-597-0575. Sincerely, RWA, Inc. z� Kenrick S. Gallander, AICP Director of Planning KSG/ 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com Page 1 K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0004 Neighborhood Information Meeting (NIM)\`/dorking Docs\NIM Mailer.docx 11�',..�1+.��� • 'ter k IIIIIN 1�!! IIII�� I 111_al Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL2O21OOOOO93(PUDZ) I Buffer: 500' 1 Date: 3/25/2021 1 Site Location: 205280007 (Proposed Soluna RPUD) NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE ADAMUS, KIMBERLY 10�3574 CANOPY CIRCLE NAPLES, FL 34120--- 0 252250011124 U ALBERGO, JOSEPH MICHELLE MARIE ALBERGO 3396 PILOT CIRCLE NAPLES, FL 34120 --- 0 81080004906 U AMENDOLA, NICHOLAS J CYNTHIA C AMENDOLA 3368 PILOT CIRCLE NAPLES, FL 34120 --- 0 81080005044 U APOSTOLIDIS, ATHANASIOS A CHRISTINA APOSTOLIDIS 3597 CANOPY CIRCLE NAPLES, FL 34120 --- 0 25225000585 U ARBELAEZ, MONICA EMILIA VERONICA DEL FILAR RUIZ 3432 PILOT CIR NAPLES, FL 34120 --- 0 81080004728 U WGO WARM SPRINGS LPM6 21141 BELLA TERRA BLVD ESTERO, FL 33� 81080000243 U ARGO WARM SPRINGS LP 21141 BELLA TERRA BLVD ESTERO, FL 33928 --- 0 81080000285 U ARGO WARM SPRINGS LP 21141 BELLA TERRA BLVD ESTERO, FL 33928 --- 0 81080004029 U ARGO WARM SPRINGS LP 21141 BELLA TERRA BLVD ESTERO, FL 33928 --- 0 81080004061 U ARGO WARM SPRNGS LLLP 21141 BELLA TERRA BLVD 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NAPLES, FL 34120 --- 0 25225001908 U WILLIAM A SERENIUS REV TRUST 8554 GLENEAGLE WAY NAPLES, FL 34120 --- 0 79305009504 U WINKLEPLECK, JOHN G & NANCYG 8558 GLENEAGLE WAY NAPLES, FL 34120 --- 0 79305009481 U WRAGG, GARRY RICHARD ELIZABETH CAROLE WRAGG 3364 PILOT CIRCLE NAPLES, FL 34120 --- 0 81080005060 U YURKO, DREW ALBERT LESLEE JEAN YURKO 1651 SONGBIRD CT NAPLES, FL 34120 --- 0 60410001341 U ZAKAIB MD, DR EDWARD A JILL ARNOLD ZAKAIB 3805 DOVER ROAD RICHMOND, VA 23221 --- 0 79305009928 U ZAWACKY, TIMOTHY MATTHEW MANDI ELAYNE ZAWACKY 3384 PILOT CIRCLE NAPLES, FL 34120 --- 0 81080004964 U FLYNN, MARILYN A & JOHN R 24 OLD MILL TERR TORONTO M8X 1A2 CANADA 79305009407 F Copy of POList_500_PL20210000093 Nalitc,4W+�kii1g NrlWi PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 RWA INC. 6610 WILLOW PARK DR 200 NAPLES, FL 34109 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published: 04/04/2021 Subscribed and sworn to before on April 4, 2021: Notary, State of WI, County of Brown TARA MONDLOCII Notary Public: State of Wisconsin My commission expires August 6, 2021 Publication Cost: $364.00 Ad No: 0004668512 Customer No: 1307584 PO #: PLC # of Affidavits'! This is not an invoice NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information 1+Fe11ing held by RWA, Inc., representing D.R. Horton, Inc., re- 941d.tng a rezoning petition on: Wednesday, April 21, 2021, at 5:30 pm Peace Lutheran Church, 9850 Immokalee Rd, Naples, FL 34120 The sub)ect property is 18.21t acres and is located southwest of the inler5ection of Tree Farm Road and Massey Street in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Ioc "Ciao The Petitioner is seeking the County to approve a rezoning From Rural Aggriculture (A) to Residential Planned Unit Development [RPUD) In order to allow for a future development of up to 130 residential dwelling units with an amenity center. Business and property owners, residents and visitors are wel- come to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line meeting will be available. Details related to pining the meeting can be ob- tained by mntacting the individual listed below. Reservations for in -person meeting attendance is required to ensure that the CDC gutdeIInes fc)r social distancing [an be achieved. If you are urnable to attend the meeting in -person or participate virtuallq, anal have questions or comments, they can also be di- rected by mai, ,. pl}one or e-mail to the individual below: Kenrick Gallander, AICP RWA Engineering 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: 239-597-0575 Email: kgallander@consult-rwa.com Pub Date: April 4, 2021 #4668512 Nalitc,4W+�kii1g NrlWi PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 RWA INC. 6610 WILLOW PARK DR 200 NAPLES, FL 34109 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Published: 04/04/2021 Subscribed and sworn to before on April 4, 2021: Notary, State of WI, County of Brown TARA MONDLOCII Notary Public: State of Wisconsin My commission expires August 6, 2021 Publication Cost: $364.00 Ad No: 0004668512 Customer No: 1307584 PO #: PLC # of Affidavits'! This is not an invoice NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information 1+Fe11ing held by RWA, Inc., representing D.R. Horton, Inc., re- 941d.tng a rezoning petition on: Wednesday, April 21, 2021, at 5:30 pm Peace Lutheran Church, 9850 Immokalee Rd, Naples, FL 34120 The sub)ect property is 18.21t acres and is located southwest of the inler5ection of Tree Farm Road and Massey Street in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Ioc "Ciao The Petitioner is seeking the County to approve a rezoning From Rural Aggriculture (A) to Residential Planned Unit Development [RPUD) In order to allow for a future development of up to 130 residential dwelling units with an amenity center. Business and property owners, residents and visitors are wel- come to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line meeting will be available. Details related to pining the meeting can be ob- tained by mntacting the individual listed below. Reservations for in -person meeting attendance is required to ensure that the CDC gutdeIInes fc)r social distancing [an be achieved. If you are urnable to attend the meeting in -person or participate virtuallq, anal have questions or comments, they can also be di- rected by mai, ,. pl}one or e-mail to the individual below: Kenrick Gallander, AICP RWA Engineering 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: 239-597-0575 Email: kgallander@consult-rwa.com Pub Date: April 4, 2021 #4668512 ENGINEERING MEMORANDUM DATE: May 3, 2021 TO: Timothy Finn, AICP, Principal Planner Collier County — Growth Management Department: Zoning Division FROM: Kenrick S. Gallander, AICP Director of Planning RWA Engineering PROJECT NAME: Soluna RPUD — (PL#: 20210000093) SUBJECT: Neighborhood Information Meeting —Summary A Neighborhood Information Meeting (NIM) was held on April 21, at 5:30pm at the Peace Lutheran Church, 9850 Immokalee Rd, Naples, FL 34120. Attendees are as follows: • Kenrick Gallander, AICP, Director of Planning — RWA Engineering • John Williams, Vice President— RWA Engineering • Blake Finnegan, Associate Planner— RWA Engineering • Joel Blikstad, P.E., Senior Professional Engineer— RWA Engineering • J. Wayne Everett, Entitlements Manager— D.R. Horton • Timothy Finn, AICP, Principal Planner — Collier County • Please refer to the attached Sign -In Sheet and NIM ZOOM Reservation Tracker Sheet for all other attendees. Intro Summary (Started at 5:30 p.m.): Mr. Gallander began the meeting introducing himself and due to the meeting being done virtually as well, he ensured those attending via Zoom could hear and see the meeting online. Once confirmed, Mr. Gallander 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 1 of 6 KA2020\200061.00.03 Son Broadcasting PUD, ERP, PPL. SIP & SDP\0004 Neighborhood Information Meefing (NIM)\Meeting Docs and Mafenals\Soluna RPUD - NIM Summary rev I docx F�Ginrrxi�G proceeded to outline the meeting, which would include a brief presentation and following the presentation would have time for questions and answers. The presentation included a description of the subject property location and details of the property. Mr. Gallander went on to further detail the existing conditions relevant to this request currently under review by Collier County and outlining the communication cell towers that were previously located on the site which are no longer in use. From there, Mr. Gallander spoke to the current zoning and future land use. He mentioned it is an infill parcel and the conditions that defined the criterion for an infill parcel designation. He then went into the details of the request stating the intent to rezone from Rural Agricultural to Residential Planned Unit Development (RPUD) to allow for a maximum of 130 dwelling units and the residential uses proposed under the list of permitted uses. Following the request, Mr. Gallander outlined the Master Plan under review detailing the development tracts Residential Tract, Amenity Area Tract, Floodplain Compensation Tract, and the Preserve Tract) as well as proposed ingress and egress and buffer types on each side of the property. Mr. Gallander then reviewed the requested deviations and explained the intent, followed by the transportation and environmental commitments and process/timeline for the applications being submitted in conjunction with the zoning request. Then Mr. Gallander concluded the presentation and then opened the floor for questions/comments/input from those in attendance. Questions/Comments asked or offered at the meeting: Q/C: What is the square footage of the houses? A: We do not have those specifics at this point as part of this zoning petition. Q/C: What type of homes will they be? A: At this point we do not have concrete answer on this, but we know they are looking at townhouses at the moment. They have many options open. Q/C: What is the separation distance between the canopy homes and these homes? A: Approximately 70 feet. Q/C: Will there be a fence between Canopy and Soluna? A: Not that we are aware of at this point. Q/C: When was the traffic counts done? 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 2 of 6 RW- - F�Gi�+rrxi�G A: They are done annually. Q/C: Did the traffic study account for the Massey street connection? A: I do not know that answer. Q/C: Why didn't we keep the preserve of the west side? A: Our engineers designed the drainage and floodplain concept and determined this worked best to accommodate. Q/C: Where are the PPL documents? A: You can find them on CityView. Q/C: Does D.R. Horton own the property. A: Not at this time, no. Q/C: What is the max height limitation? A: The height limitation is 30 feet - Zoned. Q/C: Did the transportation report review the safety measures on Tree Farm Road? A: Yes. The traffic study has been reviewed and found consistent. Q/C: What will the costs of these homes be? A: We do not have that information. Q/C: Will the site be filled/leveled? A: Yes, with import fill as needed. Q/C: Will there be any type of wall separating the Canopy development? A: Not being considered at this time. There will be a buffer. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 3 of 6 F�Ginrrxi�G Q/C: Will there be any affordable housing? Q/C: Could you give me a copy of the TIS? A: Yes. Q/C: Will there be another TIS study after the development is approved? A: No Q/C: Where on the Master Site Plan will the homes be located? A: Where you see the letter "R" is where the homes will go. Q/C: Do you have a copy of the plan they submitted to be reviewed? A: I do not have that with me, but you can find that on CityView website. Q/C: Have you been out to the property? A: Yes. Q/C: Do we have the responsibility to look at what the other communities will do that impact the roadways? A: This project as designed is identified as not negatively affecting the transportation network in terms of safety, capacity, etc. Other projects in the future may do so. Q/C: Is it possible to take section P and move it closer to the property lines to the other side? A: Again, based on the design and best stormwater management practices we have identified this as the best design. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 4 of 6 RW- - F�Gi�+rrxi�G Q/C: Is anything along the line of Vanderbilt going to be preserved? A: I cannot speak exactly to that. But it is typical practice that you want to maintain the existing vegetation there and if it does not meet the requirement for the buffering landscaping, you have to supplement it. Sometimes there are exotics that have to be maintained and/or removed. Q/C: You say that the preserve is in the best place to put it, but are you saying that because it is the least expensive? A: Again, the analysis by our engineers have identified this area is the best to manage the stormwater. Q/C: Nobody here is against the project, but it is disrespectful what you are providing right now in regard to the de -value of our homes and no wall being considered. The townhomes will be tall enough to see right into our backyards. Q/C: There is no buffer or fence being maintained by the Canopy community. There is nothing there. Just grass. Q/C: In terms of the floodplain compensation, what typically is that? Is it vegetation? Is it marshland? A: My understanding is that yes, it is an area that is maintained and cleared, and it becomes a depression area that helps to ensure the water that is in this watershed is properly managed on site. Not marshland, more like open field open space. Q/A: Does that mean if there is any rain there could be a small pond that could form in the flood plain area? A: Absolutely. Q/A: Do you have trees in there? A: No. Q/A: Can you describe the lake? Is it deep and are you planning to dig this? A: Yes, it will be a certain depth and will be provide for some fill on he project to balance the site. Do not know the depth. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 5 of 6 F�Ginrrxi�G O/A: That whole area is probably between 5 and 7 feet below Tree Farm Road in elevation. Will this site be filled? Does the site have to be somewhat level with the road? A: Yes, we will use what is from the lake and rest will be hauled in. The meeting adjourned at approximately 7:00 p.m. In summary of our meeting, the residents of the Canopy community to the west expressed the majority of the concerns. They are concerned that there will not be adequate separation between their homes and the new development. They were adamant about having privacy and were also concerned about the height of the new buildings, fearing that the new residents will be able to see into their backyards. They expressed that they were not against the development but would like the site changed to address their concern about privacy. They also expressed concern for the location of the preserve noting they would like to have preserved the west side as opposed to what is being proposed with the preserve to the east. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 6 of 6 Tm�w� ENGINEERING Sign -in Sheet Neighborhood Information Meeting: Soluna RPUD Rezone 4/21/2021 at 5:30pm Name Company Street Address City Phone # Email sc) Sc-U,6K t N C) 3 7kl CAN o r l UC LE MAPLES 7_fL K '�D o b\ G �u r. "Aj u, A- ��� tv►t x.s Pam_ D� �1A.�.- S 23�1} 5 �� •0�15 �@G��SC�LT �, C f•�/`�'�l� �`-tf �'�i=,�"t�'��`� �•�i;��'r��s�'� �r6"'�� �r�r'���st �� ���.c�� !°�.hE. �'°��' �,�'-J `�-.3"�'—:�' a��;! �"�,%°�1:� �7� ��� � � t�� -• ��1� ��1' � ' ��► Leh �o G��G1,� 3�a- �oF CV ,0>'" K qcK w L r✓ci ij':� c'1 S Iv_ -1 Page 1 of 2 Soluna NIM Reservation Name Organization Email Address Phone # ZOOM: Public 1 Rosemary Capone Property Owner reclake@me.com 1550 Mockingbird Drive Not Provided 2 George Lennox Property Owner debsteck@gmail.com 8550 Gleneagle Way 609-442-9097 3 Deb Stecklein Property Owner debsteck@email.com 8550 Gleneagle Way 850-567-8373 4 Luis and Claudia Luzardo Property Owner Luisasells@amail.com 3428 Pilot Cir Not Provided 5 Paul J. Murray Property Owner lawmanpjm2@aol.com 3750 Canopy Circle 615-423-9412 6 Roger Gullet Property Owner roe4958@email.com 3712 Canopy Circle 239-631-9326 Soluna Residential Planned Unit Development (R Rezone (PUDZ - PL20210000093) Neighborhood Information Meeting April 21, 2021 5:30pm W, GINEERING Team Representatives • Applicant: • D.R. Horton, Inc. • Wayne Everett • Mark Brumfield GINEERING • Agent: • IRWA, Inc. 0 0 0 0 Ken Gatta Blake Fini Joel Blikstad, John Williams P.E. �' • _ Jk "; .'F' ,f ,iF-' Ilr. ?' ..a i] ;pp 'l Y_ y� •y' .err' y { � •X.�* 'Fief `F�ti�= �� ��= x � � r r�+� � r, Ix �• SAM `+ IMA SM'4 �. low y.i}a �! � ftT it • .� �! Subject Property: • 18.4+/- acres • Southwest corner of Tree Farm Road 8: Massey Street Future Land Use Map designation: Urban (Urban - Residential Subdistrict) Zoning: Rural Agriculture (A) Existing Use: Vacant (Communication Towers) "Infill parcel" per LDC Sec. 4.07.02.A. GINEERING D-R-110MY Request: • Rezone from Rural Ag. (A) to RPUD • Max. 130 dwelling units Permitted Principal Uses: • Residential Tract: Detached single-family; At ached single-family Et Townhouses; Two family, zero lot line; Multi -family AO • Amenity Area Tract: Clubhouses; Outdoor recreation facilities - pool, playground, dog park (private residents and guest only); Open space areas; Health and fitness/Indoor recreation facilities Floodplain Compensation Tract: Open s WA 0 Preserve Tract: Preserve GINEERING CURJ:ENT USE: SINGLE FAMILY RESIDENTIAL ZONING DISTRICT: RPUD ---- - PROPER - TREE FARM ROAD ECUNDARY 4 29 TYPED' I I BUFFER I I R h �i R ACCESS GATE r v -2 R W (APROXIMATE LOCATfON) ------------------------ -- :`; P AA I i I 5 I ; R 1 I I R 5 L R 4 I I I I 5 I R I I I 1 5' TYPE 'B' F BUFFER J 15. TYPE 'B R}W BUFFER 3-- -- --- - -- — -- 2 PROPERTY BOUNDARY I'..::V..�.AM<.;r.1.ir.;t.110S..a:::- ri , aio, 5a'." I. VR.iT. n: .-.D CURRENT USE: SINGLE FAMILY RESIDENTIAL ZONING DISTRICT: RPUD 20' TYPE'U' BUFFER LEGEND — - PROPERTY BOUNDARY { j - PROJECT INGRESSIEGRESS -- - FVW r DEVIAT3ON LOCATIONS AA AMENITYAREA 0 F - FLOODPLAIN COMPENSATdON L - LAKE ,'WATER MANAGEMENT 0 P - PRESERVE 0 R - RESIDENTIAL RM - RIGHT OF WAY z a GINEERING Proposed Deviations: • Deviation #1 seeks relief from LDC, Section 6.06.01 M, which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that include public utilities. • Deviation #2 seeks relief from LDC Section 6.06.01.J which prohibits dead end streets except when designed as a cul-de-sac, to allow dead end street of less than 100 linear feet. V� • Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5 foot sidewalks within ublic and private rights -of -ways or easements, which are internal to the site to be on both sides of local/i ternal accessways (streets), to allow sidewalks to be constructed only on the side of the streets that a directly adjacent to residential units or amenity areas. Deviation #4 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the proje t where abutting an existing public roadway, and allow a 12' tall wall/berm combination. Deviation #5 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total combined sign area of 64 square feet, to allow for two (2) ground signs at the proposed project entrance with a maximum height of 10' and total combined sign area of 80 square feet. '40 B_R_KOFM Ak Commitments: • Transportation: PUD shall not exceed 75 two-way PM peak hour net trips. • Environmental: • The project has 9.44+/- acres of native vegetation. minimum of 15% existing native vegetation shall be retained. The minimum required preserve = 1.42+/- acres. (Provided: 3.90+/- acres) • Black Bear Management • Listed Plant Species Management • Gopher Tortoise Management W, GINEERING Process and Timeline: • Application under review with County Staff • Submittal #2 • Collier County Planning Commission i • Public Hearing (Estimated: July) • Board of County Commissioners (BI • Public Hearing (Estimated: September) I � W GINEERING Questions? W, GINEERING NEIGHBORHOOD INFORMATION MEETING April 21, 2021 at 5:30pm Soluna RPUD A PUD Rezone (PUDZ) EXISTING AND PROPOSED USE COMPARISION The following is from the Collier County LDC Section 2.03.01 specific to the uses intended for the Agricultural Zoning District. Based on the request to rezone the subject property from Rural Agriculture (A) to Residential Planned Unit Development (RPUD), those uses struck through (Example) are those existing uses (permitted, accessory, or conditional) in the A zoning district that are not a permitted use, an accessory use, or conditional use as proposed in the Soluna RPUD. EXISTING USES: 2.03.01 -Agricultural Districts. A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 1. Single-family dwelling. 27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. The following are those uses permitted either by -right, an accessory, or conditional use as proposed in the Soluna RPUD. PROPOSED USES: RESIDENTIAL: TRACT R A. Principal Uses: 1. Dwelling Units: • Detached single family • Attached single family & townhouses • Two family, zero lot line • Multi -family 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC, subject to the following criteria: 1. The Standard Industrial Classification (SIC) Code shall be similar; and 2. The uses must function in a similar fashion; and 3. The uses must be of similar intensity. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures and utility buildings and infrastructure. 2. Walls, berms, signage (including boundary marker signage), and development excavations. 3. Gatehouses, and access control structures. 4. Recreational uses and facilities including swimming pools. FLOODPLAIN COMPENSATION: TRACT F A. Principal Use: 1. Open Space B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required compensation area to be utilized and does not alter the designed ground elevation. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. PRESERVE: TRACT P C. Principal Use: 1. Preserve D. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. 17.B.f Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 FAX: (239) 252-6358 ivmruec�e�a.:'L era uie G oler 2020-0 . Heairing, of the cD er Qa-un t, Ph Cornmission red, Board of ��ru ;rc (Oom6•u�uissin�mecs PL20210000093 D For Petition Number(s): a- c D.R. HORTON INC. Un Regarding the above subject petition number(s), (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the 00 Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Signatu ❑ Legal Counsel to Applicant Date: 7- a o -a. a P B * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 1788 17.B.g (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action _ has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) a- NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE o ASSIGNED PLANNER. N 00 to - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - ti AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED &IydCl «` WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER �L�OZ/DDODD93 SIGNATURE OF APPLICANT OR AGENT oNKl'e 6,4afpcu'1 NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER UNI v& !sITY iR', 19r STREET OR P.O. BOX �� InybA!!� CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this day of Au>ouf % , 20 2.1, by iL^P-,9c & personally kno«m tome or who produced as identification and who did/did not take anoath. Notary Publicde ms of Florida Noah Medeiros a My Commiasio� CG 921529 Expires tOH1/2023 My Commission Expires: 1 p/I 1 /2,3 (Stamp with serialnumber) Signature of NotaryPublic C>A(k NLEDp u -GS Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 1789 rL _! p1l, I W IT:i F ! PUBLIC NEARING NOTICE SOLUNA RPUO p RPUD REZONE CCPC:ttAllg Nu. PL2021 000093 BCC: SEPTEM E 19. 202i 9:0 Y colhu C...t 6ER 28. 2021 0 a m. 9.00 Center a.m Tatmi� er BuildflL Third FIOar v r• a 4 �`s"xr 7a , i 'A 4I. p61hF Ftpy m, Trail g IB4dg. F '.. r ! th. �ft! r 11J'fa Sff' >1?iYsnK 4� n - ti„ rk �� Pr1°�ipil,P1 Haylei. F� 390 2 - f�G•�L r �. I-'��'�E�r�d;: .+� �, �7 �} v t � ` �'^� .�f"•! 4 312 �'•Ar�, �`''-''`�' aA' • �s:.��r e+' 1' � _ `S.'Y�J'4��PR�i yy��•' `�''1�. ����r �r� 'ki' '� .:rt. ' _ ;� �S r :i , . l �Viw.,4e,ti (•.ry.���'�s�i #1�#r����l�,',�7li^+'7k� t fr, ��}n,,r,•yt�lr n•���dr+Y,}' �`j_ ��,'�"� .'s�..ri'� sE.ti y r ra •. •rf; xja+ rrr?14 ' , 4fi', °.s►fr1 ,� `' s�r� ° WO a i 17. y� Sk •+ 3F?m , R ( }! �y r [] T.J._ S { ..iiLL '"�j•.. A�x �5`,ir�J� A �7t �.� �4 ! �'S Y #210410 1^�� J: ,,,y � � �4 �� •�' �1- ; pia l r � •c G IL w R c 0 U) n co n T U) Im �L R d a1 % Lit n-wrN At r y c.� �, "M`iT 1y�yy1�1'Jr �1 �rl jl�'���r _ fl✓'~ -"' 17,Mr".� L r:r�� ~ �c�i7p`,'hly�rker�;i "'+� Packet Pg. 1790 - -' v � + - �, cif. " �4 } _ •�' .,j aa 1 + _ .y ,�`�i `y� •�r/�1«i'+''J,74 rs 9 .Is ..y1.. j. • } � � } -ti7� �- '•�� ' i • } x,� .?ice 6�t 1 • Y . 1 1 7 ��. [►^•4� .�s - - .,r s h�•`I - �� i �k�,� �.� L , =' �� 4� - ��t�- - � `� .y�� � +_ '�. t2cf`r. e r/ 'r ` - +F 4 t ys'.�1c . 1 _ � r '�•,Ti_ J V. It F ,.4� _yi� F� a y�.�; i� .� �"f`'`Y C � � f•"y4 ., �f r.. zM t - - .i• i . < 3"" r w *: ' ' '-``:.- • .(: ` -'r ~ '' ay�. .,��.,..�.."�tw �C Imo�,'+ . f9•, •�,t � 1 , t } r.r [ �r�• a'- l ]1t !.J!" „r ^T i TICEt . - K4' "� Yl•Z t RPUD REZONE •+4r yPetition No. PL20210000093l i Yy''' 1 1 1 • _,, ' `• �' T_.1,1. -'� hird Floor Collier County Government Center. T W, Harmon Turner Building (Bldg. F) 3299 East Tamiami Trail. Naples, FL 34112 -•ter , r I .�� Y � �t. • , { x : , • . i r i tM1 P3 � ✓ ir, 1 � if'�Jg� y r1 � '`��;,{ A t b ,,.. '�! I I `S•x� T�>�I fi -y-� A�+ Yf��4 h" � .. � ryr ` Trw__ t's7v�J/ :;� � ��, .,�� "',�+� f r7•�eRk�',"�;[_^�`�1?`ti� cP.R1� -1�.•{ 1.�'.':il�t+' T�' ��. ` _ _ 175`�--] 17.B.h 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 September 28th, 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 a County Ordinance. The meeting will commence at 9.00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS' AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE. PROJECT TO BE KNOWN AS SOLUNA RPUD, TO ALLOW CONSTRUCTION OF UP TO 108 DWELLING UNITS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF TREE FARM ROAD AND MASSEY STREET, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 18.5m ACRES, AND BY PROVIDING AN EFFECTIVE DATE. 1 [PL20210000093 : . 1 — Irrimokalee.•RD l o0 7Project I k Location IJ VAhder ItBeach RD A copy of the proposed Ordinance is 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.colliercountyfl. gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfLgov. 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 1 least two days prior to the meeting. Assisted listening devices for the hearingimpaired 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 & COMPTROLLER By: Ann Jennejohn Deputy Clerk (SEAL) Packet Pg. 1792